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HomeMy WebLinkAbout08232000SF.B.4 ST SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church ROLL CALL City Cquncil Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill ~taff Present: City Manager, Terrence Moore City Attorney, Rich Stringer Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Engineer, Ralph Brescia Police Chief, Randy White Airport Director, Jason Milewski egular City Council Meeting ugust 23, 2000 Page Two 00.181 00.182 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) items not on the written agenda may be added only upon e majority vote of City Council members (R-gg-21) The City Manager requested addition of presentation of plaques to Employees of the First and Second Quarter 2000 and Certificates of Appreciation for a recent rescue by local firemen. There was no objection. 6. _PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - Honoring Jenn~ Follmer on Her 100th Birthday Mayor Barnes read the proclamation honoring Mrs. Follmer and presented her with a bouquet from the City of Sebastian. Mrs. Follmer introduced her two sons and daughter-in-law. Mayor Barnes read plaques honoring Employees of the First and Second Quarter of 2000, Philip Patnode and Marge Poole. Mr. Patnode was not present, therefore, Assistant Public Works Director Jerry Converse accepted on his behalf. Mrs. Poole accepted her plaque. Mayor Barnes read City of Sebastian Certificates of Appreciation recognizing Indian River County firefighters, Lieutenant Tim Ward and Engineer Richard Young for their participation in the rescue of a local couple from the Sebastian Inlet. 7. CITY ATTORNEY M~TTERS Reported on the Indian River County public headng on the local option gas tax, noting City staff had been advised that an adjustment to the distribution formula will be made immediately and that he will meet with the County Attorney to review the requirement for annual adjustments Invited Councilmembers and citizens to attend a PTA sponsored candidate's forum Thursday night at Pelican Island Elementary School 8. ~ITy MANAGER MATTERS The City Manager reported on the Concert in the Park in Riverview Park tomorrow night. A. Discussion of Traffic Loai~Jj.~ - b~onia ~tre~t by The City Engineer reported on his review of traffic concerns and accident data on Laconia Street, recommending that, although people were observed speeding, this is not an accident prone area, but that the City continue monitoring traffic at this time. City Council discussion followed relative to concerns about pedestrian traffic on the roadway and there were suggestions that staff be directed to look into signage and the possibility of a bikepath. The City Manager reported that there is an error in the water hookup impact fee amount in the quarterly City newsletter article which reflects $130 rather than $1300. CITY CLERK MATTERS None. 2 {~uegular City Council Meeting gust 23, 2000 Page Three 10. C~ ~0UNC!I, MA'I-rERs A. Mr,.Ma. jch~r None. B. Mayor Barnes Mayor Barnes reported on a meeting he had today with the Police Chief and the City Attorney regarding the parking ordinance, and the following suggestions were made: 1) that people should park in their driveways, if the driveway is filled then the overflow could go on the shoulder and it would be up to the people to move a car into a driveway once an opening occurs; 2) to establish a list of streets where all parking on the shoulder or right-of-way would be prohibited; and 3) construction trucks could park only on a construction site and not on adjacent properties. TAPE I - SIDE II (7:48 p,m,) C. City Council discussion followed on this being a good start with the exception of a possible hardship for builders to meet the construction site requirement. It was suggested that builders be invited to attend a meeting to offer alternatives, otherwise City Council generally concurred with the other suggestions. The City Attorney will bring back amended language. Vice Mayor Bishoi;) None. D. Irk, Barc[yk None. E. Mr. Hill None. 11. ~ON,~ENT AGENDA All ~terns on the consent agenda are considered routine end wY/be enacted by one motion. There wif be no separate discussion of consent agenda #ems unless · member of City Counc~ so requestS' in which event, the item w~l be removed and acted upon separately. 00,183 Approval of Minutes - 8/9/00 Regular Meeting, 8/16/00 Workshop Mordssiey Wedding Reception - Use of Community Center - A/B - 10/21/00 - 7 pm to 11 pm (C/b/ Clerk Transmittal 8/4/00, Application) The City Manager read the consent agenda. MOTION by Bishop/Majcher "1 move to approve items A and B on the consent agenda." 3 {~egular City Council Meeting ugust23,2000 Page Four 00.150 00.184 12. 13. 14. ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 PUBLIC HEARING ~rdipence No. O-00-18 - Abandon Old Barber Street Right-of-Way - Second Reading and Final Adoption (C#y A#orney Tren~miEal 8/23/00. O-O0-f S) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING RIGHT- OF-WAY FOR FORMER ALIGNMENT OF BARBER STREET AT INTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:55 p.m., and the City Attorney read Ordinance No. O-00-18 by title. There was no public input and Mayor Barnes closed the hearing. MOTION by Barczyk/Hill "1 move to conduct the public hearing and upon conclusion, move to adopt Ordinance No. O-00-18." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSlNES:SJ=~ROM THE PUBLIg Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit of ten minutes for each speaker None. COMMITTEE REPORTS/RECOMMENDATIONS Planning and Zoning Commission (City Clerk Transmittal 8/14/00, 1 Application, Member List, Ad) 1. Interview, Unless Waived, and Appoint Alternate to Unexpired Term to 11/1/2001 City Council interviewed Clarence Barton. 4 City Council Meeting August ;23, 2000 Page Five 00.185 MOTION by Bishop/Majcher ~1 would make a motion to appoint Clarence Barton to Planning and Zoning Commission as an alternate, unexpired term to expire 11/1/2001 ." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 15. OLD BUSlNES~ - None 16. NEW BUSINESS ~eremonial Dedication of a_ffgt~ion 9f Schumann Drive for the Late Mayor Martha SL Wininger [Growth Management Transmittal 8/16/00. Growth Mana~ement J~fctllager Memo 8/16/00) It was the consensus of City Council to support the establishment of a dedication memodal memorial in the name of former Mayor, Martha S. Wininger on a portion of Schumann Ddve. Approve City Engineering Consull;Qnt Ral~king ~l~d Authorize Contract Negotiations with Number Oq~ I~anke(;I Firm (Purchasing Transmittal ~V14/00. ~eJec~'~n Committee Ma_bfx.} Discussion took place on the ranking for financial stability of the number one ranked firm and suggestion to look into this while negotiating. MOTION by Majcher/Hill Al move to approve the Consultant ranking as recommended by the Consultant Selection Committee, and authorize contract negotiations to proceed starting with the number one ranked Firm." (l~'mley Horn and Associates, inc.) ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 lular City Council Meeting August 23, 2000 Page Six 00.~87 C. 00.143 D. 00.188 Authorize City Attorney to File Releese of Lien Against Property of Herbert. Sturm (CIO/Mat~ager Transmittal The City Attorney presented a brief history on prior action of the Code Enforcement Board to release the lien as reported to City Council by a prior City Attorney in 1998, cited state law regarding release of liens, and noted that the release was never officially released with the Clerk of the Court. Council concerns were expressed that the lien not be released if the violation has not come into compliance. The City Manager suggested that staff review the matter and report back at the September 13, 2000 meeting. City Council concurred. Authorize Expepditure of $23,440 for Design/En{;lineerina ,~ervices by The LPA Group. Inc, For Run~vay 4-~2 Li(~hfing Project {Purchasing Transmittal 8/16/00) The Airport Director bdefly explained what the expenditure will entail in the design of the runway and threshold lighting project. MOTION by Hill/Barczyk ~1 move to authorize the expenditure of $23,740 for design/engineering services by the LPA Group, Inc. for Runway 4-22 lighting project." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Resolution No, R-00-40 - A_uthori;[ing City Manager to Execute JPA with FDOT - Rehab Taxiwavs (City Manager Transmittal 8/15/00. 1~-00-40, Exhibit 'A" Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURPOSE OF FUNDING REHABILITATION OF AIRPORT TAXIWAYS, INCLUDING LIGHTING, MARKING AND SIGNAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-40 by title. Discussion took place on the source of the matching funds. MOTION by Majcher/Barczyk "1 move to approve Resolution No. R-00-40, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the rehabilitation of airport taxiways, including lighting, marking and signage." {~Regular City Council Meeting August ;23, 2000 Page Seven ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 00.189 Resolution No, R-00-48 - City of Sebastian Airport Lease Agreement for Golf Court9 Martager Transmi#al 8/17/00. R-00-48. E~(hibit 'A" Lease Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-86-4A, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT BY AND BE'I'VVEEN THE CiTY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager bdefly explained the lease agreement. TAPE II- SIDE I (8:34 p.m.) The City Attorney read Resolution No. R-00-48 by title. Discussion took place on the proposed incremental increases for the lease and its impact on Golf Course rates and revenues in the long and short term; and the effect on other airport leases. The City Manager said the approximately eighteen month Airport Master Planning process will address establishment of proper lease rates. MOTION by BarczykJBishop "1 move to adopt Resolution R-00-48 authorizing the City Manager to execute the Lease Agreement by and between the City of Sebastian for use of land from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf Course." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 99.201 Sebastian Habitat Conservatio_nPlan - Approve Acceot~il~Ce ~)f Incidental Take Permit and Authorize City Manager to Pr{)~:e~ J[=grrnal Amendment in Accordance with T~rm_s Set Forth by city_Attorrtey ( ~ity Manager Transmittal 8/16/00. F & W Letter 8/t 4/00. ~M Le~er ~/4/00, F & W Letter ~0, ~/~ Memo 8/3/00) The City Attorney reassured Council that the acceptance of the Incidental Take Permit is with the understanding that the City will go back after the fact to modify the agreement to mitigate the corridor. pRegular City Council Meeting ugust 23, 2000 age Eight The City Manager responded to inquiry about timing for release of the Highlands lots. MOTION by Majcher/Hill q move to approve acceptance of the Incidental Take Permit (ITP) and authorize the City Manager to process the formal amendment, in accordance with terms as set forth in the City Attorney Rich Stringer's memorandum, dated 8/3/00." ROLL CALL: Mr. Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 00.191/ g9.053 Approve Settlement Agreement in the Case of Maxwell Cg~ra~ng vs, City of Sebastian for DempseyNocelle Drainage Pro..je~ in the Amount 9] ~;!~9~500 (City Manager Transmittal 8/16/00) The City Attorney explained questionable provisions of the contract and recommended settlement to split costs for installed gravel and rain delay days in the amount of $99,500. The City Manager said approval will also be required for a 4th quarter budget adjustment. MOTION by Hill/Barczyk '1 move to approve settlement in the case of Maxwell Contracting v. City in the amount of $99,500." The City Manager reiterated his request for budget adjustment, and Mr. Hill added "so amended.' ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:15 p.m. Approved at the '~'~:.:~' /~ / ~ , 2000 Regular City Council Meeting. . Kath~n M. 0 H~lOran, MMC- ~':~'~ ~'~ ~'' ~ C~ Clerk HOME Gl~ eELI¢.AN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED iN THE OFFICE OF THE CITY CLERK - f225 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 of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church 4. BOLL CALL 5. 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-99-21) 6. PROCLAMATIONS. ANNOUNCEMENTS AN_DIOI~ PI~ESENTATIONS oo. 181 A. Proclamation - Honoring Jenn~ Follmer on Her 100th Birthday 7. CITY ATTORNEy ~ATTI~I~S 8. CITY MANAGER MATTERS 00.182 A. Discussion of Traffic Logistics - Laconia Street by City Engineer, Ralph Brescia 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Mr. Majcher B. Mayor Barnes C. Vice Mayor Bishop D. Mr. Barczyk E. Mr. Hill 00.183 00.150 00.184 00.185 00.166 00.187 00.143 11. 12. 13. 14. 15. 16. CONSENTAGI~NDA All items on the consent agenda are considered rou#ne 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 separately. A. Approval of Minutes - 8/9/00 Regular Meeting, 8/16/00 Workshop Bo Morrissiey Wedding Reception - Use of Community Center - A/B - 10/21/00 - 7 pm to 11 pm (City Clerk Transmit/al 8/4/00, Application) PUI~JJ_C_I-JEARING Procedures for pubEc heatings: (R-99-21) · Mayor Opens Heating ° Attorney Reads Ordinance or Resolution · StaffPresentation o Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Heating Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ao Ordinance No. O-00-18- Abandon Old Barber Street Right-of-Way- Second Reading and Final Adoptio_rt (City Attomey Transmittal 8/3/00, 0-00-18) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING RIGHT- OF-WAY FOR FORMER ALIGNMENT OF BARBER STREET AT iNTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROViDiNG FOR AN EFFECTIVE DATE. INTRODUC--~TJON 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 of ten minutes for each speaker COMMITTEE REPQI~TSlI~ECOM M ENDATIONS Planning and Zoning Commission (City Clerk Transmittal 8/14/00, ~ Application, Member List, Ad) 1. Interview, Unless Waived, and Appoint Alternate to Unexpired Term to 11/1/2001 OLD BUSINESS - None Ao Ceremonial Dedication of a Portion of Barber Street for the Late Mayor Martha S. Wininger (Growth Management Transmittal 8/16/00, Growth Management Manager Memo 8/16/00) Bo Approve City Engineering Consultant Ranking and Authorize Contract Negotiations with Number One Ranked Firm (Purchasing Transmittal 8/14/00, Selection Committee Matrix) Authorize City Attorney to File Release of Lien Against Property of Herbert Sturm (City Manager Transmittal 8/~ 6/00) D° Authorize Expenditure of $23,440 for Design/Engineering Services by The LPA Group, Inc. For Runway 4-22 Lighting Project (Purchasing Transmittal 8/16/00) 00.188 E. Resolution No. R-00-40- Authorizing City Manaqer to I~cy~e .)pa.with FOOT- Rehab Taxiway.~ (City Manager Transmittal 8/15/00, R-O0-40. Exhibit "A " Agreement) a RESOLUTION Of THE CiTY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURPOSE OF FUNDING REHABILITATION OF AIRPORT TAXIWAYS, iNCLUDiNG LIGHTING, MARKING AND SIGNAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00.189 F. Resolution No, R-00-48 - Qity of Sebestian Airport Lease Agreement for Golf Course (City Manager Transmittal 8/17/00, R-00-48, Exhibit "A" Lease AgreementJ a RESOLUTION Of THE CiTY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R~86-4A, AUTHORIZING THE CiTY MANAGER TO EXECUTE A NEW LEASE AGREEMENT BYAND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00.190/ g. 99.201 Sebastian Habitat Conservation Plan - Approve Acceptance of Incidental Take Permit and Authorize City Manager to Process Formal Amendment in Accordance with Terms Set Forth by City Attorney (City Manager Transmittal 8/16/00, F&W Letter 8/14/00, CM Letter 8/4/00, F& W Letter 8/3/00, CA Memo 8/3/00) 00.191/ H. 99. 053 Approve Settlement Agreement in the Case of Maxwell Contracting vs. City of Sebastian for Dempsey/Vocelle Drainage Project in the Amount of $99,500 (City Manager Transmittal 8/16/00) 17, ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDiNGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.$J IN COMPUANCE VvlTH THE AMERICANS VI4TH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'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. U=comino Mee#nasj · Regular Meeting and 1st Budget Headng - Wednesday, 9/13/2000 - 7 pm · Regular Meeting and 2nd Budget Hearing - Wednesday, 9/27/2000- 7 pm 00.150 A. PUBLIC HEARING SIGN UP SHEET AUGUST 23, 2000 Ordinapce No. Q-00-18 - Abandon Old Barber Street Right- of-Way - Second Reading and Fir~al Adoption AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING RIGHT-OF-WAY FOR FORMER ALIGNMENT OF BARBER STREET AT INTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC ~IGN-UP SHEET AUGUST 23, 2000 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OE NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name; New Subject: