HomeMy WebLinkAbout0728199999.148
99.149
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 28, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -
limit often minutes per speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Jim Wingate, Cornerstone Baptist Church
4. ROLL CALL
5. AGE. k'~ID~ MODIFICATIONS (ADDITIONS AND/._0R I)ELE~I'IONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Certificate of Appreciation - Robert Crockett, Board of Adjustment
B. Indian River Lagoon Scenic Highway Program - Presentation by Commissioner Fran Adams, Ted
Moorehead, Chairman of Citizens Advisory Group and Brad Smith, Chairman of Public Relations
Subcommittee
99.132
99.150
99.056
99.043
11.
12.
13.
14.
15.
CITY ATTORNEY MATTERS
CITY MANAGER M,~T_TI~RS
Additional COPS Officer Position - United States Department of Justice Universal Hiring Program
(UHP) (City Manager Memo 7/17/99, Police Chief Memo 7/8/99)
CITY CLERK MATTERS
CITY COUNCIL MATTERS
A. Mr. Bishop
B. Mr. Majcher
C. Mayor Wininger
D. Vice Mayor Neuberger
E. Mr. Barczyk
~O.J~$1~JS]T AGENDA
All items on the consent agenda are considered routine and }rill be etmcted by one motion. There will be no separate discussion of
consent agenda itewts unless a member of CiO~ Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 7/14/99 Regular Meeting, 7/21/99 Workshop
Approve Resolution No. R-99-41 - Requesting Consideration of Historic Significance of Buildings
by Board of Adjustment (City Attorney Transmittal 7/22/99, R-99-41)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING
CONSIDERATION OF HISTORIC SIGNIFICANCE OF SITES IN VARIANCE DETERMINATIONS; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
PUBLIC HI~ARING - None
!INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered withh~ the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
COMMITTEF~ Rg;pORTS/RECOMMENDATIONS
A. BOARD OF ADJUSTMENT
Interview, Unless Waived, and Appoint Two Alternate Members with Term to Expire
6/2002 (City Clerk Transmittal 7/19/99, Four Applications, Member List, Ad)
OLD BUSINESS
Exempt Employee Salaries (City Manager Transmittal 7/22/99, City Manager Memo 7/22/99
w/attachment, PD Memo 7/21/99)
2
16. NgW BUSINESS
99.105A
99.105B
99.151
99.152
99.153/
98.001
99.154
99.078A
99.078B
Ao
Approve and Authorize City Manager to Execute Grant Award Agreement - Florida
Recreation Development Assistance Program Project - "Good Guys" Property Acquisition (City
Manager Memo 7/17/99, Agreement)
Approve and Authorize City Manager to Execute Agreement for Option to Purchase Good Guys,
Inc. Property Adjacent to Riverview Park (City Manager Memo 7/21/99, Agreement)
Award Bid for Pre-Engineered Metal Storage Building to Jim Wright Construction in the Amount of
$57,620 (PublicWorks Transmittal 7/20/99, Bid Tabulation)
Approve Cooperative Purchasing Via "Piggyback" System for Office Supplies from Office Depot
from Master Agreement #56296 (Assistant to City Manager/Purchasing Transmittal 7/20/99)
Approve Resolution No. R-99-42 - Approving Sale of Falcon Cable to Charter Communications,
Inc. (City Attorney Transmittal 7/22/99, R-99-42, City Attorney Memo 7/8/99, Other Sale
Documents for Review in City Clerks Office)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING SALE OF
FALCON CABLE TO CHARTER COMMUNICATIONS, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
First Reading of Ordinance No. 0-99-06 - Amending Chapter 66 Nuisance - Schedule Second
Reading and Public Hearing for 8/25/99 (City Attorney Transmittal 7/28/99, 0.99-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF
ORDINANCES CHAP~I~ 66, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
First Reading of Ordinance No. 0-99-07 - Amending Comprehensive Land Use Plan for Surplus
Cemetery Property West of US 1 from Institutional to Riverfront Mixed Use - Schedule Second
Reading and Public Hearing for 8/25/99 (Small Scale Amendmen0 (City Attorney Transmittal
7/22/99, 0-99-07)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL
SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
RMU (RIVERFRONT MIXED-USE) FROM INS (INSTITUTIONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE
OR LESS, BEING A PORTION OF LOT 27, TOWN OF WAUREGAN PLAT; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS Ti ~{ERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. 0-99-08- Rezoning Surplus Cemetery Property West of US 1 from
Public Service to Commercial General - Schedule Second Reading and Public Hearing for
8/25/99 (City Attorney Transmittal 7/22/99, 0-99-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONINO CERTAIN
PROPERTY CONSTITUTINO A PORTION OF LOT 27, TOWN OF WAUREOAN, CONTAINING 1.02 ACRES MORE
OR LESS, FROM PS (PUBLIC SERVICE) TO CO (COMMERCIAL OENERAL); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
3
[ 99.155 I.
First Reading of Ordinance No. O-99-09 - Amending Land Development Code to Allow RV Storage
in R-MH District - Schedule Second Reading and Public Hearing for 8/25/99 (City Attorney
Transmittal 7/22/99, 0-99-09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATING SECTION 20A-3.7.G, COMMON VEHIC~ STORAGE AREAS WITHIN
THE R-MH ZONINO DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDINO FOR AN EFFECTIVE DATE.
99.156 J.
First Reading of Ordinance No. 0-99-10 - Amending Land Development Code to Tighten Rules for
Accessory Buildings - Schedule Second Reading and Public Hearing for 8/25/99 (City Attorney
Transmittal 7/22/99, O-99-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, SECIION 20A-5.7,ACCESSORY BUILDINGS; PROVIDINO
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DAIE.
99.157 K.
First Reading of Ordinance No. O-99-11 - Amending Riverfront District Waivers - Schedule Second
Reading and Public Hearing for 8/25/99 (City Attorney Transmittal 7/22/99, O-99-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, AMENDING SECTION 20A-
19.4D OF LAND DEVELOPMENI CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS;
PROVIDINO FOR SEVERABII.ITY; AND PROVIDINO FOR AN EFFECTIVE DATE.
99.082
L. Revisit Water Restriction Plan and Direct Staff Accordingly (Current Adopted Language)
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Counci0
ANY PERSON WHO DECIDES TO APPEAL ANY DECLglON MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WItlCH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WttlCH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILlITES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOM3tODATION FOR THIS'MEETING SHOULD CONTACT THE CIIT'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meeting~:
· Workshop- Budget ~ Wednesday, 8/4/99- 7pm
· RegularMeeting- Wednesday, 8/11/99- 7pm
· Workshop - Budget- Wednesday, 8/18/99 - 7 pm
° RegularMeeting- Wednesday, 8/25/99- 7pm
4
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
JULY 28, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWiSE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
SEBASTIAN CITY COUNCiL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 28, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Mr. Don Maddox, Cornerstone Baptist Church.
ROLL CALL
City Col~il Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Pmse0t;
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Finance Director, Mark Mason
Human Resources Director, Rich Samolewicz
Building Director, George Bonacci
Growth Management Director, Tracy Hass
Deputy City Clerk, Sally Maio
gular City Council Meeting
y 28, 1999
Page Two
AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS}
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-2 D
None.
6. PROCLAMATIONS.ANNOUNCEMENTS AND/OR PRESENTAI!ONS
99.148
A. P. xc:~{:ntation of Certificate of Apl~r~iation - Robert Crockett, Board of
Mr. Crockett was not in attendance.
99.149
Indill~ ~ver Lagoon Scenic Highway Program - Presentation by Commissioner. Fro~ Adams, Ted
Moorehe~d. Chairman of Citizens Advisory C~009 ~and Brad Smith, Chairman of Public Relations
Subcommittee
Indian River County Commissioner Fran Adams, along with Brad Smith gave a presentation on the
Indian River Lagoon Scenic Highways Program (see 7/27/99 letter distributed at the meeting). Mr.
Moorehead was unable to attend the meeting Mr. Smith briefly described the program and read a
draft resolution. Commissioner Adams requested City Council support and urged citizen
participation in the effort.
it was the consensus of City Council members to support the program. The City Clerk stated that the
resolution would be placed on the next agenda for adoption.
7. CITY ATTOpoNEY MATTERS
Reported on the several pending lawsuits for which Florida League of Cities is representing the City
and requested authorization from Council to represent the City as liaison. City Council concurred.
Received consensus for a Chamber of Commerce request that the question on the Chamber building
be submitted to the Attorney General for an opinion, noting the Chamber would stand by that
opinion.
8. CITy MANAGER MATTERS
Announced the public information meeting on Thursday at the North County Library relative to the
public utility tax.
Reported on an alligator seen in the area of Winn-Dixie, stating he had contacted State Fish and
Game.
ugular City Council Meeting
y 28, 1999
Page Three
99.132 A.
(7:47p.m.)
Ad~l;jo~l COPS Officer Position - Unitecl States Department of Justice Univeral0 Hiring Program
(UI-IP) {City M03ager Memo 7/17/99, Police Chig£Nlemo 7/8/99)
The City Manager presented his support for the grant opportunity to obtain the services of an
additional police officer, which, he stated, is still available to the City. He received consensus of
Council for Chief White to give a brief address. The City Attorney noted there was no prior Council
action on this item, rather there was a motion to approve which received no second.
Chief White gave a brief overview of current police services, and briefly reviewed documentation
relative to officer to population ratio, increasing population, and the 25.1% increase in arrests from
1997 to 1998, in furtherance of his request for the additional position.
The City Manager said this is the only position being requested for fiscal year 2000, and explained
the Community Oriented Policing (COPS) grant program.
City Council discussion followed on the need for another officer, and the need for the MACE officer.
Lieutenant Ed Glaser, Multi Agency Criminal Enforcement (MACE) program, explained the grant
funded program.
The City Manager stated the total grant is $75,000 over three years and explained the City's
anticipated contribution over the period. The City Attorney advised that City Council could take
action on this item tonight.
Chief White said the standard startup cost for a new officer is approximately $38,000.
MOTION by Bishop/Barczyk
"I'm going to make a motion to direct the City Manager to proceed with the COPS grant."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - nay
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 4-1 (Neuberger - nay)
3
alar City Council Meeting
28, 1999
Page Four
10.
CITY CLERK MATTERS
Reported that the proposed charter amendments are on the City web page.
CITY COUNCILMATTERS
A. Mr. Bishop
Reported on the successful Chamber of Commerce concert and thanked the Chamber, City
staff and all involved.
B. Mr, Majcher
Asked about placement of bike racks on the Riverfront.
Repot~l on a problem with brush fires and hydrants being turned on in the south side of the
City, assuring that all precautions are being taken by all agencies.
Reported on the County grant for the north county pool, his visit to a site in Ft. Lauderdale,
suggesting that they be contacted for a site plan for review.
The Growth Management Director stated the bike racks would be in by the end of next week.
C. M~or W. iainger
Thanked Louise Kautenberg for her positive letter to the editor
Responded to concerns expressed by a citizen regarding a conversation her husband and a
former councilmember had at a local bank.
Discussed the Ginn letter regarding the need for a representative on the newly formed
Consensus Committee. The City Clerk was directed to copy the letter to all Council
members and City Manager. The City Manager was directed to place the item on the next
agenda.
Discussed a call from a citizen regarding the need for better coordination with County
regarding swale work.
Asked about the parking lot capacity at the Community Center. Chief White said people
sometimes park on the adjacent site and side streets.
Requested an update on review of city right-of-way weight restrictions. The City Attorney
responded that state restrictions are in place, and that the City can impose weight and then
provide for weighing. The City Manager said he can put this item on an agenda for an
upcoming regular meeting.
Requested an update on placement of portajohns in City right-of-way. The City Manager
said he will also place this item on an agenda.
4
ugular City Council Meeting
y 28, 1999
Page Five
D. Vice Ma,vor_Neuberger
Reported on Metropolitan Planning Organization Meeting and provided information to the
City Clerk for public review.
Discussed police vehicles parking on sidewalks.
Discussed a "City dump" developing on airport property by city staff.
Expressed concern about the Indian River County tax increase being credited to Emergency
Management needs in the noah county.
E. Mr..13arczyk
Reported on the Treasure Coast Regional Planning Council meeting and provided documents
to the City Clerk for public review.
Urged public attendance at the next Charter amendment public hearing on August 24, 1999.
Said he has been receiving calls regarding placement ofportajohns at construction sites.
The City Attorney said there is state law that gives state and county right to remove items in
right-of-way but this is not provided to cities, however, city regulations can be imposed.
11.
~ONSENT AGENDA
Ali items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separate~.
A. Approval of Minutes - 7/14/99 Regular Meeting, 7/21/99 Workshop
99.150
Approve Resolution No. R-99-41 - Requesting Consideration of Historic Significance of Buildings
by Board of Adjustment (City Attorney Transmittal 7/22/99, R-99-41)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING
CONSIDERATION OF HISTORIC SIGNIFICANCE OF SITES IN VARIANCE DETERMINATIONS; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The City Manager read the ~t agenda, and the City Attorney read Resolution No. R-99-41 by title.
Vice Mayor Neuberger removed item A.
MOTION by Bishop/Majcher
"I make a motion to approve Resolution No. R-99-41 requesting consideration of historic
significance of buildings by Board of Adjustment."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
5
uygular City Council Meeting
28, 1999
Page Six
Item A - Minutes
Vice Mayor Neuberger recommended amendments to the July 14, 1999 minutes as follows:
page 3 - Vice Mayor NeubergerMatters change "addressed" to "approved"
page 8 - item 99.144 - change "$1,685" to "11,685"
MOTION by Neuberger/Barczyk
"I make a motion to approve."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Winmger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
12. PUBLIC Hg;ARING - None
13.
INTRODU~ION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
Joseph Scarpa, Englar Drive, Sebastian, discussed the problem with people speeding on Englar Drive; and the
need for additional police officers due to an increase in drug use in the City of Sebastian.
Mayor Wininger requested that the City Manager have the City Engineer look into the need for the stop signs.
Maureen Cummings, Englar Drive, presented a letter (see copy attached), and concurred with the need to slow
down traffic on Englar.
The City Manager said he will have the Chief increase police patrols and the City Engineer to review the
matter.
TAPE II-SIDE I (8: 3.S p.m.)
Vice Mayor Neuberger stated, for the record, that he was in favor of addressing this speeding problem.
Don Studley requested to address Council, however, it was the consensus of Council to advise him that
procedures require that he sign up to speak if he wished to bring new business to Council, and that he may
speak during any item on the written agenda. Mr. Studley said he would like to speak at the August 11,
1999, under Introduction of New Business from the Public.
6
_hegularCityCouncilMeeting
July 28,1999
Page Seven
14. COMMITTEE REPORTS/RECOMMENDATIONS
99.056
A. BOARD OF ADJUSTMENT
IJlt~rvJe% Unless Waived, and Appoint Two Alt~r~at~ Members with Term to Expire
6/2002 (City Clerk Transmittal 7/19/99, Four Applications, Member Lj~I~ Ad)
City Council interviewed applicants Paul Duffy, Byron Elsebough, Joseph Generazio, and Louise
Kautenberg.
MOTION by Bishop/Wininger
"I'd like to make a motion that we appoint Louise Kautenberg to the Board of Adjustment as
an alternate, term to expire 2002."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
MOTION by Majcher/Neuberger
"I'11 make a motion that we nominate Paul R. Duffey, since he's a newly candidate of
Sebastian with credentials, to the position on Board of Adjustments for the year 2002 as an
alternate."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
Mayor Wininger called recess at 8:50 p.m. and reconvened the meeting at 9:04 p.m. All members
were present.
7
ygular City Council Meeting
28, 1999
Page Eight
15. OLD BUSINESS
~9.o43 A.
l~xempt Eml~lqyee Salaries (City Manager Transmittal 7/22/99, City Man0.ger Memo 7/22/99
w/attachment, PD Memo 7/21/99)
The City Manager presented his recommendation for establishing exempt employee salaries, stating
this is not tied to the removal of the utility tax cap. He described the method used in establishing the
3% proposed scale, cited the differences in department head contractual arrangements entered into by
prior administration, and noted the total cost for the increases will be approximately $22,000. He
said the Police Captain and Lieutenants salaries are recommended to be tied into the PBA contract.
Walter Barnes, Sebastian, urged approval of the salary structure to allow the City Manager to
operate; and commended the City Manager and his staff
Louise Kautenberg, Sebastian, encouraged Council to carefully consider the proposal to make the
City more professional and competitive in the job market.
The City Manager explained the PBA contract and his proposal for percentages.
City Council discussion followed.
Mayor Wininger asked about the legality of the sixty day termination clause in employment
agreements; and the City Attorney said he questioned the City Manager's providing for a dollar
amount beyond his legal authority. Mayor Wininger suggested that termination pay be provided
upon Council approval.
The City Manager responded to questions regarding placement of positions within the scale which
are above the average minimum;
TAPE II- SIDE II (9:37p.m.)
the possibility of the City Engineer becoming a department head; the comfort he feels about the
proposal presented; and the ability to address salaries in the future in the event of a future disaster.
Mayor Wininger suggested that employees receive actual cost of living. The City Manager advised
that the cost of living comes into play in the budgeting process.
Discussion took place on the need to delete certain provisions of the Code relative to Council
approvals for personnel matters.
The City Manager said, if approved, this will be the policy in place for exempt employees.
gular City Council Meeting
y 28, 1999
Page Nine
MOTION by Bishop/Barczyk
"I would like to move that we approve the City Manager's recommendation for exempt
employee salaries as submitted in his memo dated 7/22/99 with attachments."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Ma'. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
MOTION by Bishop/Barczyk
"I would move that we adjust the captain's and lieutenants' salaries to make the contract in
line with the PBA contract and that would take effect fiscal year 2000."
The City Manager clarified 5% for 1999/2000; 3% for 2000/2001 and for August 1, 1999 what is
currently in place for PBA (7%).
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
Mayor Wininger noted it is helpful when recommended motions are in the packet.
16. NEW BUSINESS
99.105A
Approve and Allkhorize City Manager to Ex~cute Grant Award Agreem~n~ - Florida
Recreation. D~velopment Assistanc¢.Yrogram Project - "Good Guy~" property Acquisition (Ci~
Manager Memo 7/17/99, Agr~¢men0
MOTION by Barczyk/Majcher
"I'd like to make a motion that we approve 99.105 agree our City Manager to pursue the
agreement to accept grant award Florida Recreation Development Assistance Program for the City
park down there."
9
[~lygular City Council Meeting
28, 1999
Page Ten
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
99.105B B.
Approve and Authorize City Manager to Execute Agreement for Option to Purchase Good Guys,
Inc. Property A~a~llt to Riverview Park (City Manager MeIlaO 7/21/99, Agreemen0
The City Manager said he will be making a presentation before the County Commission to solicit
additional funding, and noted there is a proposal for Preservation 2000 funding.
The City Attorney said the City could request an extension to the first right of refusal, and the City
Manager suggested approval contingent upon revision of date references as follows: October to
December, November 1 to January l, and December 31 to March 31.
It was noted the $5000 would be applied to the purchase.
MOTION by Majcher/Neuberger
"I make a motion to approve and authorize the City Manager to execute agreement for
option to purchase Good Guys, Inc, property adjacent to River(view) Park with amendment that was
stated."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
99.151 C.
Award Bjgl for Pre-Engineered Metal Storage Building to Jim Wright Construction in th~ Amount of
$57.620 (Public Works Transmittal 7/20/99, Bid Tabul~orl)
MOTION by Wininger/Neuberger
"I'll move to award the pre-engineered metal storage building to Jim Wright Construction in
the amount of $57,620."
ROLL CALL: Mr, Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
10
Julegular City Council Meeting
y 28, 1999
Page Eleven
99.152 D.
Apl;)rovc Cooperative Purchasing Via "Piggyback" System for Office Supplies from Office Depot
from Master Agreement #56296 (Assistant to City Manager/Purchasing Transmittal 7/20199J
MOTION by Bishop/Barczyk
"I would move to approve the "piggyback" purchase of office supplies from Office Depot as
described."
ROLLCALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
99.153/ E.
98.001
Approve ResoJutjon~ No. R-99-42 - Approving Sale of Fa!c, on Cable to Charter Communications,
Inc. (City Attorney Transmittal 7/22/99, R-99-42, City Attotllqy Memo 7/8/99, Other Sale
Documents for Review in City Cler~;~_Office)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING SALE OF
FALCON CABLE TO CHARTER COMMUNICATIONS, INC.; PROVIDING FOR CONFLICT; PROVIDIN(} FOR
EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-42 by title.
Maureen Cummings, Sebastian, asked if rates will go up if approved and it was noted that the City
has no control of rates.
Tom Wojciekowski, Sebastian, objected to Falcon's service.
Ken Vickers, Falcon Cable, addressed Council on the pending sale.
MOTION by Bishop/Barczyk
"I move to approve Resolution No. R-99-42."
ROLLCALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
11
tygular City Council Meeting
28, 1999
Page Twelve
99.154 F.
First Reading of Ordinance [qo~ 0-99-06 - Amending Chapter 66 Nuis~g~ - ,Schedule Second
Reading and Public I-I0afing for 8/25/99 (City Attorney Tra~rRittal 7/28/99, 0-99-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF
ORDINANCES CHAPTER 66, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-06 by title and explained the amendments.
The City Attorney noted a scrivencr's error on page (circle 82) "officer" should read "official".
MOTION by Neuberger/Majcher
"I'd like to make a motion to approve Ordinance 0-99-06." The City Attorney inquired,
"On first reading and setting the public heating?" Mr. Neuberger responded, "yes."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
99.o78A G.
Firsl~¢ading of Ordinance No. O-99-07 - Amending Comprehensive Latld Use Plan for Surplus
Cemetery Properly West o.f US I from Institutional to Riv~ront Mixed Use - Schedule ~;econd
Reading and Public H~itr~g for 8/25/99 (Small Scale Arlaetldment) (City Attorney Transmittal
7/22/99, 0-99-07)
Alq ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL
SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
RMU (RIVERFRONT MIXED-USE) FROM INS (INSTITUTIONAL) FOR LAND CONSISTING OF 1.02 ACRES, MORE
OR LESS, BEING A PORTION OF LOT 27, TOWN OF WAUREGAN PLAT; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-07 by title and noted the matter is not quasi-judicial.
MOTION by Neuberger/Barczyk
"I make a motion to approve Ordinance 0-99-07 set the first hearing, set the second hearing
for 8/25/99 meeting."
ROLL CALL: Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
12
Rulegular City Council Meeting
y 28, 1999
Page Thirteen
99.078B H.
First l~adiag of Ordinance No. O-99-08 - gezoning Surplus Cemetely Property West of US 1 from
Pub[j;; Service to Commercial Glalera~ - Schedule Second Reading ariel P;lblic Hearing for
8/25/99 (City Attom~ Tr~mittal 7/22/99, 0-99-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONINO CERTAIN
PROPERTY CONSTITUTING A PORTION OF LOT 27, TOWN OF WALrREOAN, CONTAINING 1.02 ACRES MORE
OR LESS, FROM PS (PUBLIC SERVICE) TO CO (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDINO FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-08 by title.
MOTION by Wininger/Neuberger
"I'll move to pass Ordinance O-99-08 on first reading, schedule second reading and public
hearing for 8/25/99, and authorize City Clerk to advertise for same."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
TAPE III-SiDE I (10:22 p.m.)
99.155 I.
First Reading of Ordinance.No, O-99-09 - Amending Land Development Code to Allow RV Storage
in R-MH District - ~chedule Second Reading and Public Heating fo/8/2~/99 (City Attorney
Transmittal 7122/99, 0-99-09)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATINO SECTION 20A-3.7.G, COMMON VEHICLJIaMR STORAGE AREAS WITHIN
THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDINO FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-09 by title and advised that he had provided a revised
transmittal to require two public heatings in accordance with Florida Statutes.
MOTION by Majcher/Barczyk
"i move to pass the first reading of Ordinance 0-99-09 amending land development code to
allow RV storage in R-MH district, schedule second reading and public hearing for 8/25/99."
City Attorney advised that there would be two heatings required on 8/11/99 and 8/25/99.
13
gular City Council Meeting
y 28, 1999
Page Fourteen
99.156 J.
99.157 K.
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
FirsI Reading of OrdinancexNo. 0-99-10 - Amending Land I~velopm~nl~ Code to Tighten Rules for
Accessory Buildings - Schedule Second Reading and Public Hearing for 8/25/99 (Ci[~.3ttom~y
Transmittal 7/~2199, 0-99-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COIYNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, SECTION 20A-5.7,ACCE$$ORY BUILDINGS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-10 by title.
MOTION by Barczyk/Wininger
"I recommend that Ordinance 99-10 be approved for the fa'st reading." (public hearing
scheduled for 8/25/99)
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Mayor Wininger turned the gavel over to Vice Mayor Neuberger and excused herself fi.om the
meeting at 10:25 p.m.
First l~acling of Ordinance No. Q-99-11 - Amending Riverfror~t District Waivers - Sct~u[~: Second
Reading and Public ~earing for 8/25/99 (City Attorney Transmittal 7/2219~), 0-99-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
19.4D OF LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-11 by title, and advised that four votes of Council are
required to approve this motion due to Planning and Zoning denial.
14
uulalar City Council Meeting
28, 1999
Page Fifteen
MOTION by Barczyk/Neuberger
"I'd like to make a motion that thc Ordinance 99-11 be approved on the fu'st reading, and
schedule the second reading and public hearing on 8/25/99."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - absent
Vice Mayor Neuberger - aye
MOTION CARRIED 4-0
MOTION by Neuberger/Bishop
"I make a motion to extend the meeting."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - absent
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
The City Clerk was excused from the meeting at this time.
99.082
L. Revisi[ Water Restriction PI~ and Direct Staff Accordi~lgly (Current Adopted Lattguage)
David Johns, Sebastian, suggested going back to watering 3 days per week using the odd/even
method, from 6 am to 6 pm; and removing the car washing prohibition.
Mr. Bishop said he would like to keep the St. Johns River Water Management District rule in effect
year round; and go back to odd addresses on Monday, Wednesday, Saturday, and even addresses on
Tuesday, Thursday, Sunday from 6 pm to 10 pm.
The following people urged simplification of the ordinance:
· Louise Kautenberg
· Debbie Colavita, Sebastian
° Paul Duffey, Sebastian
15
~Regular City Council Meeting
l~July 28, 1999
Page Sixteen
MOTION by Barczyk/Neuberger
"I'd like to make a motion we keep the 9 to 5 restriction year round, during the shortages we
go to the Monday, Wednesday and Saturday and the Tuesday, Thursday and Sunday, same time and
same restriction from 9 to 5, that way anytime of the year you can water seven days a week,
shortages three days a week."
ROLL CALL:
Mr. Bishop - nay
Mr. Majcher - aye
Mayor Wininger - absent
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 3-1 (Bishop - nay)
The City Attorney will draft an ordinance for City Council consideration.
17. Being no further business, Vice Mayor Neuberger adjourned the Regular Meeting at 11:00 p.m.
Approved at the
City' Clerk
2n,
,1999, Regular City Council Meeting.
'Martha S. Wining, er /
Mayor
16