HomeMy WebLinkAbout12151999 C~TY COUNCIL
A6ENDA
RE6ULAR MEETING
WEDNESDAY, DECEMBER 15, 1999 - 7:00 P.M.
~ COUN~L CHAMBER5
1225 MAIN STREW, ~EBAS~AN, FLO~bA
~LL ~ND~ Z~ ~Y ~ Z~P~D ZN TH~ 0~ O~ THE ~
Individ~l~ will add~s ~e (i~ ~ouncil wi~ ~spect ~ a~da item~ immediately before delibe~n of ~e ite~ by ~ Ci~
~mci/- limit of t~ minut~ per spiker
CA~ TO ORDER
2. PLEDGE OF ALLEGIANCE
ZNVOCA~ON - Police Chaplain F~nk Camille
4. ROLL CALL
AGE~DA MODIFICA~ON5 (ADD,ONS AND/OR DEL~ONS)
ytem~ not ~ the writt~ a~da may be ~ded ~/y u~ a majority ~te of ~ity ~ounci/ mambos
6. P~O~AMA~ONS. ANNOg~CEMENT5 AND/OR
99.~39 A. Finance Director Y~K Update Pr~entation (Tronsmi~al lg/9/99)
8.
9.
10.
C/TY AT'TORNE'~ MATTERS
MANAGER MATTERS
CI~ERK MATTERS
COUN~L MA~ERS
A. Mr. Bishop
B. Mr. Majcher
C. Mayor Neube~ge~
b. Mr. Borczyk
E. Mr. Barnes
99.194
99.224
99.240
99.112
%%.
%2.
%$.
%4.
~QNSENT A&ENDA
Ali items on the can--t age. da are considered n~utine ~d will ~ ~ted by ~ moti~. Th~ will be
A. Approval of Minutes - 12/1/99 Regular Meeting
Police Pension Board of Trustees - Ministerial Appointment of A.L. 'Rappy" Pe~ez, ,Tr. CLU as
Fifth Membe~ Elected by Board in Accordance with Section 58-51 of the Code of Ordinances
- Two Year Te~m to 10/1/2001 (City Clerk Transmittal 12/7/99)
P~/I~L.~¢ HEAR~N&
* AttOrney Re~s ~in~c~ o~ R~/uIi~
* fta~ P~tati~
* ~b/ic Zfl~t * Limit of Tg ~iflut~ P~ ~
, ~taff ~mmati~
* Co~cil Acti~
A.~¢ Within9 to 5~ak is A~ed ~o 5i~ ~p b¢fo~ the ~et/n9, Wh~ Call~d go ~o the ~dium ~d 5~atw ~i~ or ~ ~
~rdinance No. 0-99-38 - PolJce Retirement System (City R~arney Transmittal 12/8/99.
AN ORDINANCE OF THE CITY OF SEBASTfAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE
CHAPTER 58, ARTiCLE ]:II:, POLICE OFFICERS' RETiREMENT SYSTEM; PROVIDING FOR CONFLICTS;
PROVIDING FOR SFVERABILITY; PROVIDING FOR AN EFFECTiVE DATE. (First Reading 11/17/99, Legal Ad
12/1/99)
PUBLTC HEAliNGS ~QUA~E-$UDZCZAL)
P~ocedur~.~ fop C~uasi-judicia/ Heapin~os Ape. on Bock of Agenda
Conside~ Tom Collins Request for Waive~ of Sections 20A-19.8.C.(2) (Maximum Height) and
20A-19.8.2(C) (Freestanding Signage) for Key West ~nn Signs within Riverfront Overlay
District (G~owth Management Transmittal 12/6/99, Staff Summa~ and Recommendation,
~/2/99 P & Z Minutes Excerpt, Collins Lette~)
Conside~ Adoption of Resolution No. R-99-61 - Amendment to Residential Preliminary Plat for
Rear Setbacks for Sebastian Lakes Planned Unit Development (&rowth Management
Transmittal ~2/6/99, Staff Summary and Recommendation, ~2/2/99 P & Z Minutes Excerpt,
GHO Homes, Inc. Lette~)
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING PRELINLINARY
DEVELOPMENT PLAN FOR SEBASTIAN LAKES PUD PHASE I TO MODIFY REAR YARD SETBACK CONDITiON;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
%NTROOUCI~ON OF NEW BU~ZNES$ FROM THE PUBL. Z¢
Ztem that h~ ~cu~d De w~ disco~d w/thin the ~oua six m~ths which is ~t oth~i~ ~ the ag~da - si~mp
~qui~d- limit of t~ minut~ for each $~aker
15. ¢OMM,'-I-TEEi REPORT$/RECOMMENDAT[ON~
99.007
99.089
99.241
99.14§
99.242
99.188
99.228
99.243
99.244
16.
17.
Construction Bo~rd (CHy Clerk Transmittal 12/7/99. One Applica?i~kj~ember List, Ad)
1. Tnterview, Unless Waived, and Appoint Applicant to Regular Membe~ Position Term to
Expire 9/30/2002
Tree AdvisoPy Board C¢itY Clerk Transmittal 12/7/99. GordonRe,~igngtion~ Tree Board
Transmittal. Minutes. Sea,:JoB g-173, Three Applications. Board List)
1. Accept Resignation of Virginia Gordon
2. Remove Charles Roth and Donne Herlan from Board for Absenteeism in Accordance
with Section 2473 Code of Ordinances
3. Interview, Unless Waived, and Fill The Following Regular Member Vacant Positions
a. Regular Member Vacated by Fielding Te~m to Expire 4/2001
b. Regular Member Vacated by Gordon Te~m to Expire 4/2001
c. Regular Member Vacated by Roth Term to Expire 11/2000
~)Lb IIUSINE$$ - None
NEW BUSINESS
Waive Competitive Bid Procedures and Approve and Authorize Execution of Purchase Order
with Randall Tedde~ Construction, Inc. for $74,900 for Yacht Club Boat Ramp Repairs
(Engineering Transmittal 12/8/99)
Approve (:hange Orde~ #2 with Felix Equities for Borbe~ 5treat Sports Complex Site
Development in the Amount of $15,910.33 (Engineering Transmittal 12/7/99, Change Orde~
Presentation by C.N. Kirtle of C.N.K, Inc. Re: Proposed Land Use Change for Lots 16, 27 and
28, Fleming Grant, Section 30 - From Low Density to Industrial (Growth Management Director
Transmittal 12/6/99, 5toff Summary, City Manager Memo, Kirtle Lette~, Map)
Status Report on Revised Land Development Code and Tentative Adoption Schedule (Growth
Management Transmittal 12/7/99, 5toff Summary, Articles I through V~ of Revised Lb(:)
Resolution No. R-99-60 - Establishing City of Sebastian 75th Anniversary Committee (City
Manage~ Transmittal 12/7/99, R-99-60)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN P~VER COUNTY, FLOI~IDA, CI~EAT~N¢ A CITY OF
SEBASTIAN 75TH ANNIVE]RSARY COMMITTEE]; PI~OVIDIN~ FOR RFPE]AL OF RE]SOLUl']:ONS O1~ PAINTS OF
RESOLU~I:ON5 IN CONFLICT HEREWITH: AND PI~OV]:DIN~ FOR AN EFFECTIVE DATE.
Fo
Authorize Staff to Seek FAA Concurrence for Sublease of Incidental Portion of Golf (:ourse
Property for Storage and Sorting Site (City Attorney Transmittal 12/9/99, R-86-4A)
Authorize City Manager to Execute Contract with Kimley-Horn and Associates, Inc. for the
Design of Schumann Drive Reconstruction in an Amount Not to Exceed $1§,900 (Engineering
Transmittal 12/7/99)
A~OUJ~N (All meetings shall adjourn at 10.'30 p.m. unle~ss extended for up to one half hour by a majority vote
of City Council)
ANY PERSON WHO DEC'ZDES TO APPEAL ANY DEc~SZON A4ADE 8Y THE ~TTY COUNCIL ~TH RESPECT TO ANY MA TTER
CONSZDERED A T Ti-frS A4EET~N~ (OR HEAliNG) W~LL NEED A RECORD OF THE PROCEEDINGS AND A4A Y NEED TO
ENSURE THAT A VERSA T~tA RECORD OF THE PROCEEDZN~5 Z$ A4ADE, WI-ITCH RECORD ZNCLUDE$ THE TESTZ/AONY AND
EVIDENCE UPON N/i-lTCH THE APPEAL Z5 TO 8E HEARD. (286.0105 F. 5.)
IN COA4PI_rANCE ~TH THE AA4EP~TCAN5 N~TH DISASILTT~E$ ACT (ADA), ANYONE N/HO NEED5 A SPE~TAL
ACCOA44fODA T~ON FOR T/frS ~EET'~N~ SHOULD CONTACT THE C~TY'5 ADA COORD_TNA TORA T 589-5550 A T LEAST 48
HOUR5 ZN AD YAN~E OF Thff$ A4EET~NG.
H~a~Jng As~J~tan¢~ H~adphon~s at~ Ava#abl~ Jn th~ ~"oun¢# ~hamb~t~ £o~ all G~w~ntn~nt
Upcomit~l I~e~tir~t~:
· Workshop (Enforcement of Ordinances) - Wednesday, 1/5/3000- 7pm
· R¢gulat' ~eetin9 - Wednesday, 1/12/3000- 7pm
· Reyu/at'/deetin9 - Wednesday, 1/26/3000- 7pm
PROCEDURES FOR QUA$I-JUDICZAL HEARINGS
IN ACCORDANCE WITH RE$OLUTZON NO. R-99-12
A. Swearing of witnesses. Any person presenting factual information to theTribunal during the hearing shall be swam.
{~The. administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes
~m~to the podium. Citizens wishing to merely express en opinion in favor or opposition to the matter at hand, and agents of the applicant
(such as an a~tomey) merely advocating the applicant's position, need not be swam.
B. Ad~ssibilty of Evidence. The City Aleatory, upon an objection raised o~ upon his own accord, shall determine if any
evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a marion by
any member thereof. Othemvise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the s~me
shall be maintained in the custody of the City Clerk.
C. Time Limitatioj3~. The traditional practices of the Chair in presiding over the smooth conduct of the hearing,
encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the
redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the
number of witnesses on a case-by-case basis.
b. i~i~closul'9 of Ex-Parte Communication. At the time the Presiding Officer opens the hearing, members of the
Tribunal shall disclose ex-perte communications in accordance with law.
O~er of
1.
3.
4.
5.
6.
7.
8.
9.
Presentation. After the P~esiding Officer opens the hearing, the m~tter shall proceed in the following order:
The applicant or his agent shall make a presentation in favor of the request.
The staff shall present its findings end analysis.
The Tribunal shall ask questions of the applicant and staff as Jt sees fit.
The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions.
The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions.
The applicant is provided an opportunity to respond to any of the issues raised by staff or the public.
Staff is p~ovided en opportunity to summarize its position.
The Tribunal deliberates the request, asking such questions as it sees fit.
The Presiding Officer then entertains a motion and the Tribunal acts.
5ec_tion 2. APPLZ. CAT~ON. bur to the evolving nature of this area of the law, these procedures shall be utilized in
the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida.
4
PUBL.TC HEARING,
$I6N-UP SHEET
DECEMBER 15, 1999 cI'ry COUNCIL MEETZN6
Ordinance ldo.
PROVT$:I:ONS
0-99-38
- POL.TCE PENSION
NAME
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
NAME
AbbRE55
NAME
ADDRESS
NAME AbbRE55
PUBLIC HEAR~N6
$I6N-UP SHEET
DECEMBER 15, 1999 C:L'TY COUNC'IL MEETZN6
Tom Collins Request for Waiver ot: Sections 20A-19.8.C.
(2) (Maximum Height) and 20A-:19.8.2(C) (Freestanding
Signage) for Key West ]:nn Signs within Riverfront Overlay
District
NAME AbbRES5
NAME ADDRE55
NAME AI)bRE55
NAME AbDRE55
NAME AbbRE55
NAME ADDRE55
NAME ADI)RE55
NAME AbbRE$$
NAME ADDRE55
NAME AbbRE55
NAME AbbRE55
PUBLTC HEAl,TN6
SZ6N-UP SHEET
DECEMBER 15, 1999 Ci'TV COUNCZL MEETZN6
Resolution No. P,-99-61 - Amendment to Residential
Preliminary Plot for Rear Setbacks for Sebastian
Lakes Planned Unit Development
NAME ADBRE55
NAME AbbRE55
NAME ADDRE55
NAME AbbRE55
NAME AbDRE55
NAME ADDRESS
NAME ADDRE55
NAME AbbRE55
NAME ADDRE55
NAME ADDRESS
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
DECEMBER 15, 1999 REGULAR MEETING
USE THIS FORM ONJ~ Y FOR INTRODUCTION OF NEtF BUSINESS
NOT OTHERIKISE ON THE PREPARED AGENDA - LIMIT OF 10
MINUTES PER SPEAKER
Name:
................ ~~'~-~ ' ' '~--~' ' ' '~~ ' '~F- ~~ ~3'~
Name:
Subject:
Subject:
Name:
Subject:
3.
4.
C/TY COUNC/L
~'rNUTE$
RE6ULAR MEE'~N&
WEI~IESbA¥, bECEMBER 15, 1999 - 7:00 P.M.
C'ZT~ COUNCZL CHAMBERS
1:~25 MAZN STREET, SEBASTZANo FLOP, ZDA
Mayor Kleube~ge~ called the Regular Meeting to orde~ at 7:00 p.m.
The Pledge of Allegiance was recited.
Tnvocation was given by Police Chaplain Frank Camilla.
ROLL CALL
City C~r)cil Present:
Mayor Chuck Neube~ge~
Mr. ~Toe Barczyk
Mr. Walte~ Barnes
Mr. Ben A. Bishop
Mr. Edward J. Majche~, ~Tr.
Staff Present:
City Manage~, Te~rence Moore
City Al~orney, Rich 51~inge~
City Clerk, Kathryn O'Halloran
Finance I)irector, Mark Mason
Chief of Police, Randy White
~owth Management birector, Tracy Hass
Public Works Director, Te~y Hill
City Engineer, Martha Campbell
Deputy City Clerk, Sally Maio
l~egular City Council Me,ting
ecemb~ 1§. 1999
Page Two
99.239
10.
~GENDA MODZFZeATZON$ CADDZ'~ON~ AND/OR bELETZONS)
Non~.
PR(X:LA~V~TZONS. ANNOUNCEMENTS AND/OR pp, ESENTATZON$
A. Finance D~ector Y2K Update Presentation (Transmittal 1g/9/99)
The Finance Director gave City Council a brief update on the City's YZK preparedness (see
submittal attached)
CZTY ATTORNk-'~Z MATTERS.
Discussed his memo regarding Council discussion on the proposed lot clearing and debris
cleaning ordinance, requesting a consensus that the existing code regarding debris clean up is
sufficient
Reported that the one cemetery surplus properly bid was in the amount of $200,000 plus city
costs paid by the bidde~', and that if the~e were no objections, closing would take place
2/7/2000
czTy M4NAF 'R MA' 'ER.S
Updated Council on the one-woying of Shakespeare 51~eet, noting that residents are still in
the process of soliciting support, but that the~e have been objections from neighboring
streets
Reported that he will be coming bock with an inte~local agreement for a Habitat Conservation
Plan
Thanked he~ staff for the Council Chambers holiday decorations.
Ci"I'Y COUNCZI., MATTERS_
A. Mr. Bishop
5aid he would like to follow through on an item on the pending list regarding Council
submittal of expenses within six months. The Finance Director said he will be bringing
back an ordinance and a policy resolution in ,Tanua~,.
ORegular City Council Meeting
December 15, 1999
Page Three
B. Mr. ~g~cher
Thanked City Manager and Public Works Director for the cleanup in the area of the
Barber fire station.
Ma,var Neuberger
Expressed concern for lack of management at airport and problems with skydivers
Expressed concern regarding conditional Certificate of Occupancy for Auto Zone,
noting they were to have complied with three conditions, and that water is flowing
from the property
Asked about a City hired inspector who is not certified to oversee city projects
Reported that 5orrentino Pest Control is filling his trucks at the city water well
Noted the Schumann Fountain is not working and the Public Works Director reported
power was shut off at the meter and that he had been in contact with FPL and it will
be turned back on
Asked when the rest of the sod will be put in at Melrose
b. Mr. Barczyk
Asked if the language in a proposed ordinance regarding keeping underbrush on
unimproved lots Iow is no longer going to be considered
Suggested a workshop on what transpired with Cornerstone Builders' properties
E. Mr. Barqe~
]~nquired about calls regarding SIo/dive Sebastian and the City Manager responded he
talked to Skydive reps and asked them to be better neighbors. He said people can call
the City Manager or Public Works Director if they have airport concerns.
Thanked Public Works staff for their work on the US ! median strips.
Thanked Keep ]~ndJan River Beautiful clean up day volunteers
CONSENT A~a, ENDA
Ail ite~ns on the con.mt ag~da ar~ con#icle~d ~tifl~ ~d will b~ ~ted by ~e motif. Th~ will be no m~rat~ discu~i~
of c~t a~da item~ ~1~ a m~b~ of City Co~il ~ ~ffita; in which e~t, the item will be ~mo~d ~d acted u~
A. Approval of Minutes - 12/1/99 Regular Meeting
99.194
Police Pension Board of Trustees - Ministerial Appointment of A.L. 'Roppy" Perez, ~Tr. CLU os
Fifth Member Elected by Board in Accordance with Section §8-§! of the Code of Ordinances
- Two Year Term to 10/1/200! (City Clerk Transmittal !2/7/99)
3
{l~egular City Council Meeting
ecember 15, 1999
Page Four
The City Manager read the consent agenda.
MOT~ON by Berczyk/Bishop
'I move to approve the consent items.*
ROLL CALL:
Mayor Neuberger
Mr. Barczyk
Mr. Barnes
Mr. Bishop
Mr. Majcher
- aye
- aye
- aye
MOT~ON CARRTED 5-0
12. PUBLTC HEAR/N6,
99.224
Orc[illocce No. O-99-38 - Police Retirement System (City Al-toro~y Transmittal
12/8/99~ Q-99-38)
AN ORDINANCE OF THE CITY OF SEBASl-IAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER
§8, ARTZCLE III, POLZCE OFFZCER5' RETZREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABZLITY; PROV'%b1:NG FOP, AN EFFEC'~VE DATE, (Fi~,st R~ading tt/t7/99, Leg(~l Ad tZ/t/99)
Mayor Neuberger opened the public hearing at 7:22 p.m. and the City Attorney read
Ordinance No. 0-99-38 by title. The City Attorney gave a brief explanation.
Being no public input, Mayor Neuberger closed the public hearing at 7:23 p.m.
MOT~ON by Berczyk/Bishop
"I move to approve Ordinance O-99-38, police retirement system."
ROLL CALL:
Mr. Berczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MO3'ZON CARRIED 5-0
4
egular City Council Meeting
December 15, 1999
Page Five
PUBLIC HEAliNGS
99.~40
Consider Tom Collins RequeSt far Waiver of 5actions 20A-Ig.8,C.(Z) CMa>(iyllvm Height) and
ZOA-19.8.2(,C) O:reestanding 5ignage) for Key West ]:nn Signs within Riverf_rgnt Overlay
Dis~rig? (Growth Management Transmittal i~/6/9~, 5taft Summary and Recommendation.
[Z/;?/99 P 6 Z Minutes Excerpt. Collins Letfer~
Mayor Neuberger opened the quasi-judicial hearing at 7:;?4 p.m.
There was no disclosure of ex-porte communication.
ARr. Bishop declared a conflict of interest on this item, noting he is the general manager of
Captain Hirams (See Form 8B at'rached). The City Attorney advised that he must abstain
from voting on the matter, but could address City Council on the matter from the podium.
Applicant Tom Collins, after being sworn in by the City Clerk, presented his request to Council
for waiver of certain sign requirements in the Riverfront District as cited in his letter dated
November 10, 1999 (see attached).
Mr. Barnes inquired about the conflict in the code relative to hedge height and sign height
requirements and suggested this be looked into by staff.
The Growth Management birector, after being sworn in by the City Clerk, presented staff's
findings and concurrence with the three requested sign waivers, based on Planning and Zoning
Commission approval. (See staff summary and recommendation and P & 7 minutes a~ached)
The City Manager said he had not given approval to the application as noted in the Planning and
Zoning minutes, but had merely expressed that the signs were aesthetically pleasing and
advised that the request for waiver could be submitted to the board and Council.
TAPE T - 51~blE lZ (7:44 p.m.)
The City Attorney stated he would have trouble defending the granting of this waiver since,
he believed, it did not meet the test of the undue burden law. He noted Mr. Collin's statement
that his existing billboard is grandfathered is questionable due to the change in use of the
property. He also said Mr. Collins could seek a variance from the general LbC requirement for
hedge height.
5
egular City Council Meeting
ecember 15, 1999
Page Six
No members of the public spoke either for or against the request.
Mr. Collins again said there is a hardship due to the Iow property and the hedge blocking the
sign.
MOT]CON by Barnes/Majcher
'Z'II make a motion to reject the waiver for the signs for the Key West Znn as
presented this evening."
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - abstained
Mr. Ma jobar - aye
Mayor Neuberger - nay
Mr. Barczyk - nay
MO'I-~ON 2-2 (No vote)
The City Attorney advised that a tie vote results in no change from the existing Iow.
112
Consider Adoption of Resolution No. R-99-61 - Amendment to Residential Preliminary Plat for
Rear Setbacks for Sebastian Lakes Planned Unit C~evelopment (Growth Management
Tran,~mitta112/6/99, Staff Summary and R~r~rnmendation, 12/2/99 P & Z Minutes Excerpt.
GHO Homes. l~nc. Letter]
A RESOLU~-fON OF THE CETY OF SEBASTZAN, TNbTAN RTVER COUNTY, FLOR]~bA, AMEND]CNG PRELTM]~NARY
DEVELOPMENT PLAN FOR SEBAST?~AN LAKE5 PUb PHASE T TO MObTFY REAR YARD SETBACK CONb]~T~ON;
PROV]~DZN~ FOR CONFLTCT; PROV~b]:NG FOR EFFECTIVE bATE.
Mayor Neuberger opened the quasi-judicial hearing et 8:06 p.m. and the City Attorney read
Resolution No. R-99-61 by title.
Bill Handler, President, GHO Homes, after being sworn in by the City Clerk, presented his
request for amendment to rear setbacks from 30' to 25' as cited in the letter date
September 29, 1999 (see attached)
The Growth Management Director presented staff's finding and concurrence with the request
to modify the setbacks (see staff summary and recommendation end P & Z minutes attached).
6
Regular City Council Meeting
becember 15, 1999
Page 5even
No one from the public spoke for or against the request.
MOTION by Barnes/Bishop
'T make a motion to adopt Resolution R-99-6L'
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neube~ger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRTEb 5-0
~qTRODUC~ON OF NEW B_U-~TNE&$ FROM THE PUBI. ZC
Item that has occurred or ~ di~o~ withg the ~d~ six m~ths which is not oth~i~ on the ay~da - si~p
~qui~- limit of t~ m~t~ for ~b ~
Mr. bolan had signed up but was not in attendance.
15. COIddA.T'I~EE REPORTS/RECOMMENDATiONS
99.007
Consl~uction Board (City Clerk Transmittal 12/7/99. On~ Application. ~rnber List.
1. Tnterview, Unless Waived, and Appoint Applicant to Regular Member Position
Te~m to Expire 9/30/2002
City Council interviewed Mr. ~albraith.
MOTION by Barnes/Majcher
'I'll make a motion to appoint Mr. Leonard ~lbroith to the Regular Member position
vacated by ,Terald Smith with term to expire 9/30/2002.'
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger - nay
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIEb 4-1 (Neuberger - nay)
7
Olegular City Council Nt, eel'ing
ecember 15, 1999
Page Eight
99.089
Tree Advisory Board (CitY Clerk Transmittal t2/7/99, Gordon Resignation. Tree BogEd
Transmittal, Minutes, 5action 2-173. Three Applicon'icftU, Board List)
1. Accept Resignation of Virginia C=ordon
Remove Charles Roth and Donne Herlan from Board for Absenteeism in Accordance
with 5action 2-173 Code of Ordinances
3. :l:nterview, Unless Waived, and Fill The Following Regular Member Vacant Positions
a. Regular Member Vacated by Fielding Term to Expire 4/2001
b. Regular Member Vacated by C=ordon Term to Expire 4/2001
c. Regular Member Vacated by Roth Term to Expire 11/2000
Applicants Lynn Albury end Ruth Davies had advised they would not be in attendance.
MOT[ON by Barnes/Neuberger
"]: make a motion to accept the resignation of regular member Virginia Gordon."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MO'I-ION CARR'[ED 5-0
MOT[ON by Bornes/Barczyk
'T make o motion to remove Charles Roth and Donne Herlan from the Tree Advisory
Board for absenteeism in Accordance with 5action 2-173 Code of Ordinances.'
ROLL CALL:
Mr. Borczyk - aye
Mr. Barnes - aye
Mr. Bishop - nye
Mr. Majcher - aye
Mayor Neuberger - aye
MOT[ON CARR'TED 5-0
City Council interviewed Ann bonn.
MOT[ON by Barczyk/Majcher
']: move to appoint Ann bonn to the regular member vacated by Fielding with term to
expire 4/2001."
ORbegular CJt~ Council Meeting
ecember 15, 1999
Page Nine
ROLL CALL:
Mr. Barnes
Mr. Bishop
Mr. Majcher
Mayor Neuberger
Mr. Barczyk
- aye
- aye
- aye
- aye
- aye
MO3'~ON CARR1;Eb 5-0
MO3'~ON by Barnes/Bishop
"]; make a motion to appoint Ruth bevies to the regular member position term to
expire 4/2001."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Berczyk - aye
Mr. Barnes - aye
MO3'~ON CARRTED 5-0
MOTION by Barnes/Bishop
"]; make a motion to nominate Lynn Albury to the regular member position vacated by
Roth with term to expire il/?-000."
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MO3'£ON CARR];Eb 5-0
Mayor Neuberger called recess at 8:Z5 p.m. and reconvened the meeting at 8:40 p.m. All
members were present.
16. Ol, b BUSINESS - None
tOl~egulor City Council Meeting
becembe~ 15, 1999
Page Ten
17, NEW BU$,T,N ~ss
99.241 A.
Waive Competitive Bid Proced~P~ ood Approve and Authorize Execution of Purchase Orde~
with Randall Tedd~ Construction, ]:nc. for $74.900 for Yacht Club Boat RgI~p Repairs
[Engineering Transmittal 12/8/99)
Mayor Neube~ge~ stated, for the record, this is the same contractor who repaired the Main
Street boat ramp and he is not licensed by the City of Sebastian, nor is he permitted by the
Department of Natural Resources to do this type of work.
T,,I£E II - $IDE I ('8:45p. m.)
He requested that this contractor be properly licensed and insured.
The City Attorney said the City codes exempt someone from holding a City registration who is
doing bridge or road work, and that this is an extension of the ciys t~ansportation network.
The City Engine~ said the state issues o permit to the city for construction below the mean
high wate~ line, and noted that materials costs will be going up in Sanuory.
Mr. Bishop asked if the project can be approved based on prope~ certification so the city can
make a commitment to the materials people.
MOT]:ON by Bishop/Barnes
"]: would move then to conditionally approve the purchase order with Randall Tedde~
Construction, ]:nc. for $74,900 for the yacht club boat ramp based on prope~ certification."
ROLL CALL:
Mayor Neube~ge~ - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majche~ - aye
MOT]:ON CARRTED 5-0
10
ORegulor City Council Meeting
December' 1§, 1999
Page Eleven
99.145 B.
Approve Ci]a~¢ Order #2 with Felix Equities for Barber 5treat 51~orts Complex 5ifa
Oev~le~ment in the Amount of $15,910.33 (Enginee~irtg Transmittal 12/7/99. Chang~Order 2~
The City Engineer briefly updated City Council on complex improvements thus for and
explained the actual installed items versus original bid specs.
MOTZON by Bishop/Berczyk
"I move to approve Change Order #2 with Felix Equities for site work at the Barber
Street Sports Complex contract for $15,910.33.'
ROLL CALL:
Mr. Barczyk - eye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MO'I-ZON CARRIED 5-0
79.242 C.
PresentatJ.on by C.N. Kirrie of C.N.K, Inc. Re: Proposed Land Use Change f~r ],gts 16, 27 and
28, Fleming Grant. Section 30 - From Lgw I~ity ?o Industrial (Growth Management Director
Transmittal 12/6/99, Staff Summary. City Mona, gar Memo~ girrie Letter, Map)
C.N. Kirrie, C.N.K. Inc., presented a request for Council's blessing to proceed with on
application to change the land use to industrial for the above referenced 15 acre property to
expand an existing plastics business.
Fred Mensing, Lot 15, adjacent to the property, concurred with the proposed amendment to
industrial.
The Growth Management Director briefly addressed Council, and it was the consensus of City
Council that it favored the request.
99.188
Status Report on Revised Land I~evelopment Code and Tentative Aright_jan Schedule (Growth
Managen~n~ Transmittal 12/7/99.5toff 5ummgry~ Articles I through V~ of Revised LDC)
The Growth Management Director hod distributed several chapters of Land Development
Code revisions prior to the meeting which represented approximately 1/3 of the total LDC
amendment, requested City Council review for comment, and briefly explained his proposed
schedule for completion of all Land Development Code amendments.
11
ORegular City Council Meeting
December 15, 1999
Page Twelve
99.228
Resghation No. R-99-60 - Establishing Cj?y 9f ~¢bastian 75th Anniversary Commil"tee ([City
M~gger Transmittal 17-/7/99. R-99-60~
A RESOLU~ON OF THE C[TY OF SEBASTrAN, INDIAN I~VER COUNTY, FLOP~DA, CREA'I-ZNG A CITY OF
SEBASTIAN 75TH ANNTVERSARY ¢OMMZTTEE; PROVZDIN~ FOR REPEAL OF RESOLUTTONS OR PARTS OF
RESOLUTZON5 TN CONFLICT HEREWZTH; AND PROV~D~N& FOR AN EFFECTZVE DATE.
The City Attorney read Resolution No. R-99-60 by title, and the City Manager briefly
explained the purpose of the committee. It w~s noted that each Council member will appoint
one member and the City Clerk will advertise for two at-large members.
MOT[ON by Bishop/Neuberger
']~ would move to adopt Resolution No. R-99-60.'
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOq-~ON CARR]~ED 5-0
99.243 F. Authorize Staff to 5eekFAA Concurrence for Sublease of Incidental Portion of Golf Course
Property for Storage and ~orting 5ire (City Attorney Trans~tta117-/9/99, R-86-4A~
T,4PE.TZ- $IDE ZZ (P:35 p.m.)
The City Attorney briefly addressed City Council on the matter, noting the need for approval
by FAA on the proposed amendment to the Golf Course lease.
The City Manager and Public Works Director addressed Council on the cost savings to the City
by use of this property.
MO3-~ON by Barnes/Bishop
"]?11 move to authorize staff to seek FAA concurrence for sublease of incidental
portion of Golf Course property for storage and sorting site."
ROLL CALL: Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MOT[ON CARRTED 5-0
ORegular City Council Meeting
Ibecembe~ 15, 1999
Page Thirteen
99244
Authorize City Mgllage~ to Execute Contract with KJmlgy-Horn aJ3d Associates, Tnc. for the
I:)esign of 5chumann_0l'ive Reconstruction in an Amount Not to Exceed $1,5~00 (Engineering
Trqn~mitta112/7/99)
The City Enginee~ briefly addressed Council. Mayor iqeube~ge~ suggested curbing the road
and the City Enginee~ responded that perhaps the medians could be curbed unde~ the current
permit.
MOTTON by Majche~/Barnes
']: make a motion to approve to execute o contract with Kimley-Horn and Associates,
]:nc. for the design of Schumann Drive Reconstruction in the amount not to exceed $15,900."
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majche~ - aye
Mayor Iqeube~ge~ - aye
Mr. Barczyk ~ aye
MOTTOIq CARRIED 5-0
18.
Mayor Neube~ge~ announced the Mayor's Christmas party on becembe~ 21, 1999 at the Eagles
Nest Restaurant and adjourned the Regular Meeting at 9:55 p.m.
Approved at
Regular City Council Meeting.
athryn ~. O Hallo~an, CMC/AAE
City Clerk
Chuck Neuberger
Mayor
13
CITY OF SEBSTIAN, FLORIDA
Y2K STATUS
Department/Mission
Y2K
Projected
Completion
Total
Actual
Airport
Workstation
Airfield Lighting
FBO fueling facilities
FAA Equipment Systems
Building Department
Workstations
Permiting Software
City Attorney
Workstation
City Clerk
Workstations
City Manager
Workstations
Engineering
Traffic Signals
Workstations
Autocad Software
Plotters
Finance
Y ~ Complete
Y Complete
Y Verified with Tenants. Complete.
Y Verified with FAA. Complete.
..':i.i,:~.:...!..':...:,....:.:...i'.,. "..:i...ii.i. '"~:":~:'~:::.:::.::~: ...............
· :::.?.~?'i:.. ':::: ':::. ~.~:.:. :':.'~:::?:. "";':: ~'!'i:.
Y Complete
Verified compliance with
Y vendor
Y
Complete
'. ' i'. ';. "i" 'i:..:::':' :'?.:!" .'.'.'i.!
Y
Complete
Y .Complete
Y
Y
Y
Y
County responsibility. Testing
completed to determine
compliance
Complete
Updated to Year 2000 version
which is Y2K compliant
Verified compliance with
vendor
':5 ~5'
1,447,
1,074
6,295
· . .:....?..,'2'.~ :::. !...:..~:~:
.' 'z~:::....: .. - i. ii':.'~<'3 ::.~.'.'~4~.':~
600
4,278
....~:::i ?.:.:' · ..":':.:~'~.':
'".':i~:'¢::~::: "'"'.::!;? :'"
2,063
6,747
~.':'~i~.~:i.. ...~:::':.'5,,: ....
.... :.:.. :.: 4:::::::. . '.'~2~ .'E,: ,:
THIS IS CONSIDERED A YEAR 2000 READINESS DISCLOSURE PURSUANT TO PUBLIC LAW 105-271
CITY OF SEBASTIAN, FLORIDA - Y2K STATUS
UPDATED DECEMBER 13, 1999
Pagc 1
CITY OF SEBSTIAN, FLORIDA
Y2K STATUS
Workstations
Centralized financial
systems:
* Purchasing
* Accounts Payable
* Payroll
* General Ledger
Telephone system
Golf Course
Workstations
Software
Y Complete
Y Complete
Y Complete
Y Complete
Y Complete
Verified compliance with
Y vendor
17,939
62,744.
39,744
Y Complete 24,657
Y Complete 9,000
Growth Management
Workstations
ii:..'.'~, · '~,.:~::';' .' ':':.i. '
::::::::::::::::::::::::: .'
Human Resources
Workstations
Police Department
Workstations
Records Management System
Y Complete
Y
Complete
7,290.
4,574
Y Complete 5,396
Y Complete 56,716
Verified compliance with
Fueling Depot - Hess Y vendor
Verified compliance with
Sprinkler System Y vendor
County responsibility.
"911" System Y Complete.
Generator Y Mechanical. No Y2K issues.
Verified compliance with
Pagers Y vendor
Verified compliance with
Cell Phones Y vendor
Testing complete. Certified by
Defribrillators Y County EMS.
:'"! .:? ..i '"..' .......' Y.'.. .: .' ?.': .'.:. ::4." ....::, · :. ::::;.¥¥'. ~::' ~:
THIS IS CONSIDERED A YEAR 2000 READINESS DISCLOSURE PURSUANT TO PUBLIC LAW 105-271
CITY OF SEBASTIAN, FLORIDA - Y2K STATUS
UPDATED DECEMBER 13, 1999
Page 2
CITY OF SEBSTIAN, FLORIDA
Y2K STATUS
Public Works
Workstations
· ~¥~.~...,~.~ ..~.?.~
All Other
800 MHz radio system
City Hall Generator
Y Complete
County responsibility.
Y Complete.
Y Mechanical. No Y2K issues.
4,527
THIS IS CONSIDERED A YEAR 2000 READiNESS DISCLOSURE PURSUANT TO PUBLIC LAW 105-271
CITY OF SEBASTIAN, FLORIDA - Y2K STATUS
UPDATED DECEMBER 13, 1999
Page 3
r FORM 8B MEMORANDUM OF-VOTING CONFLICT FOR
*COUNTY, MUNICIPAL, AND OTHER LOCAL 'PUBLIC OFFICERS
LAST NAMLi--FIRST NAME--MIDDLE NAME
ADDR[~SS
CITY
WHIC~ VOTE ~)CCURR~D
COUNTY
NAME OF BOARD, COLJNCI/., COMMISSION, AUTHORITY, OR COMMITTEE
THE BOARD. COUNCIl.. COMMISSION. AUTHORITY, OR COMMITTEE ON
WHICH I SERVE iS A UNIT OF:
' .'~CITY ' i COUNTY I ! OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS: ~ ~'LECTIVE~ E
APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government, onJ(l~~ed board,
council, commission, authority, or committee. It applies equally to members of advisory and non-~,~'6ry bod~~who..l~..~resented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of~ law a,/,~,~l~_ry'~hough
the use of this particular form is not required bylaw, you are encouraged to use it in makit~-~the ~lu~e',~re~ law.
Your responsibilities under the law when faced with a measure in which you have a conflict of.~_ est.~~l~ily ~pn, ding
on whether you hold an elective or appointive position. For this reason, please pay close attent:id~'~ the-i{0111il~'is oj~tljfis form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
cu complete and this form (before making any attempt to influence the decision) with the person responsible for
should
file
ording the minutes of the meeting, who will incorporate the form in the minutes.
* A copy of the form should be provided immediately to the other members of the agency.
,, The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
I,¢}gM ~lll 10.86 PAGE I