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HomeMy WebLinkAbout01081997 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 (561) 589-5330 [] FAX (561) 589-5570 TELEPHONE SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, JANUARY 8, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-96-53). CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL WORKSHOP iTEMS 97.001 A. 1-46 Review City Board Appointment Procedures and Direct City Attorney Accordingly (City Clerk Transmittal, Code Sections, R-94-51) 5. ADJOURN (Workshops shouM not exceed one hour in duration) 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. O105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH 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. I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ri FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: City Board Appointment Procedures AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: 118/97 APPROVED FOR SUBMITTAL: i' Expenditure Required: EXttI~ITS: -R-94-51 -Code Sections Re: Individual Boards IAmount Budgeted: Appropriation Required: SUMMARY STATEMENT At a workshop on June 10, 1996, City Council reviewed board procedures under an agenda item entitled "Revise Code Re: Council Appointed Committees - Term Limits, Interview Procedures, Handling Complaints Against Board Members". Discussion took place on term lengths, the interview requirement and a citizen complaint process. The City Attorney said she would review procedures. On August 14, 1996, City Council was requested by Code Enforcement to consider changing the policy requiring advertising and interviewing for every open position on the Code Enforcement Board. Discussion took place on the possibility of moving alternates into vacant positions for some boards. Mayor Cartwright noted that City Council will be looking into procedures for all boards of the City. On October 2, 1996, the City Attorney, while reviewing City Council meeting procedures, reiterated that what she believed Council wanted was a unification of board appointment procedures and suggested a later workshop to review the various sections of the Code on boards and board procedures Resolution No. R-94-51. Board Appointment Procedures Page Two The City Attorney has requested a workshop to receive specific direction from City Council. I have copied you the following materials: LDC - Section 20A-11.2 - Board of Adjustment LDC - Section 20A-11.3 - Planning and Zoning Commission LDC - Section 20A-14.16 - Tree Advisory Board Code - Section 2-176 - 2-182 - Code Enforcement Board Code - Section 26-191 - 26-198 ~ Construction Board Resolution No. R-94-51 - Board Terms, Procedures, Alternates, Application, Interviews as well as a brief synopsis of requirements and procedures provided for in each of them. There are no written guidelines established for the Riverfront Committee. The Citizens Advisory Task Force is created in accordance with R-95-15, and its only requirement is inclusion of residents of Iow and moderate income neighborhoods in its membership and appointment by City Council. There is a Board of Trustees for the Police Retirement System consisting of five members who serve two year terms. This board is governed by Section 58-51 of the Code of Ordinances and is an autonomous board. RECOMMENDATION. Please review these documents thoroughly and direct the City Attorney accordingly. 2 LDC - SECTION 20A-11.2 - BOARD OF ADJUSTMENT Provides for: * Five members and two alternates * City residence for all members , Three year terms for members and alternates . Appointment by City Council * No more than two consecutive terms or six consecutive years unless no other legally qualified person applies * Continuation in position until term expires or replaced by a successor * Alternate members to act in absence of regular member on rotating basis beginning with senior alternate * Removal of members and alternates with three unexcnsed absences . Reappointment of members subject to limitations of subsection A of 20A- I 1.2 * City Clerk providing all pending applications to board chair, City Manager and City Council two months prior to expiration of any term or vacancy, even if incumbent intends to seek reappointment . Consideration of number and nature of memoranda of contlict filed when considering rcappointments This section then goes on to address fees, authority, duties and powers, attendance at meetings, rules of procedure, election of officers, terms of officers, maintenance of records, schedule of meetings, quorum of four, and judicial review of decisions of board. LDC - SECTION 20A-11.3 - PLANNING AND ZONING COMMISSION Provides for: · Seven members and two alternates · City residence for all members · Appointment by City Council · Three year appointments for regular and alternates · No more than two consecutive terms or six consecutive years unless no other legally qualified person applies · Continuation in position until term expires or replaced by a successor · Alternate members to act in absence of regular member on rotating basis beginning with senior alternate · Removal of members and alternates with three unexcused absences · Reappointment of members subject to limitations of subsection A of 20A-11.3 · City Clerk providing all pending applications to board chaff, City Manager and City Council two months prior to expiration of any term or vacancy, even if incumbent intends to seek reappointment · Consideration of number and nature of memoranda of conflict filed when considering reappointments This section goes on to address selection of officers, designation as local planning agency, authority, functions and powers, roles of procedure, city clerk appointment of secretary to board, schedule of meetings, index of records, administration of business affairs, roles of procedure in accordance with FS 163. LDC - SECTION 20A-14.16 - TREE ADVISORY BOARD Five members and two alternates City residence for all members Two Year terms for members and alternates Vacancies to be filled by City Council Meeting times to be held as specified by City Council Board to provide advice to Council on care of trees on city property, historic trees, planting on city property, amendments to tree ordinance CODE - SECTION 2-176 - 2-182 - CODE ENFORCEMENT BOARD Seven regular members and up to two alternates at City Council's discretion Specific board makeup by profession whenever possible Specific minimum qualifications for such professions City residence for all members Appointment by City Council Created pursuant to FS 162.01 - 162.13 Three year terms No more than two consecutive terms or six consecutive years unless no other legally qualified person applies Continuation in position until term expires or replaced by a successor Removal for absence from two or three successive meetings without cause or prior approval of chair Removal of members and alternates with three unexcused absences Reappointment of members in accordance with FS 162 City Clerk providing all pending applications to board chair, City Manager and City Council two months prior to expiration of any term or vacancy, even if incumbent wishes to be reappointed Consideration of number and nature of memoranda of conflict filed when considering reappointments Removal for failure to attend three consecutive meetings without chairperson excuse or upon written recommendation from board to remove a member This section goes on to address quorum of four, compensation, organization, election of officers at first regular meeting in calendar year, roles and regulations, function of clerk, legal counsel and City Attorney. 2 CODE - SECTION 26-191 - 26-198 -_ CONSTRUCTION BOARD Provides for: Seven members Specific board makeup by profession whenever possible Specific minimum qualifications and .residency by profession or position Up to two alternates - one certified eonlxactor and one concerned citizen Be actively engaged in construction in city, county residence or have established business in city - concerned citizen must be a resident Valid certification by board or state (except concerned citizen) Appointment by City Council Appointments to expire on September 30 of the last year of term Three year terms for members and alternates No more than two consecutive terms or six consecutive years unless no other legally qualified person applies Reappointment subject to limitations in subsections d-f of 26-191 City Clerk providing all pending applications to board chair, City Manager and City Council two months prior to expiration of any term or vacancy, even if incumbent intends to seek reappointment Consideration of number and nature of memoranda of conflict filed when considering reappointments This section goes on to address quorum of four, election of officers, adoption of rules and regulations, submission of budget, administering oaths and testimonies, adopting a seal, reimbursement of actual expenses, removal of board members, powers and duties, duties of building official, clerk and legal counsel. 3 RESOLUTION NO. R-94-51 ~ BOARD TERMS, PROCEDURES. ALTERNATES APPLICATiON. INTERVIEWS This resolution provides for uniform procedures for appointment to advisory boards, except as specifically provided in the LDC or Code of Ordinances for Code Enforcement, Construction Board, Planning and Zoning and Board of Adjustment, or unless otherwise provided for by ordinance or Florida Statute. * Three year terms * No more than two consecutive terms or six consecutive years unless no other qualified person applies . Staggered terms so that no more than three members are appointed in any given year ° City residence for majority of board - remaining members shall reside in Indian River County - At least one alternate with a maximum of two City Clerk to maintain board lists, inform City Council and Manager of composition changes, provide new members with Commission on Ethics guide, board handbook and disclosure forms Board secretary to notify City Clerk of any upcoming expiration or vacancy two months prior to enable City Clerk to advextise * City Clerk to provide all pending applications to board Chair, City Manager and City Council even if incumbent seeks reappointment City Council to provide uniform application.form .Members not seeking reappointment to notify City Clerk and Chairperson two months prior to expiration date . Members seeking reappointment to notify City Clerk and Chairperson two months prior to expiration date ' Chairperson shall present for reappointment well request pending applications for recommendation to City Council Members to serve in position until reappointment ratified or new appointment made * Consideration of number and nature of memoranda of conflict when considering reappomtments * In the event of a vacancy, Cha.irperson placing consideration of filling vacancy on next regular agenda or calls special meeting and board may recommend filling unexpired by appointment of alternate or another applicant for position - City Council shall review the board recommendation prior to exercising its discretion in filling the unexpired term .City Clerk shall by press release notice open positions at the request of board secretaries Boards ~ interview aPplicants at a public meeting City Council shall interview at a public meeting and vote for selection Removal procedures; advising the affected member, reasonable notice, hearing oppommity * Suspension procedures; reasons for suspension, temporary appointment to fill the position same as procedure for filling permanent vacancy, suspended member not entitled to privileges of office · Reinstatement procedures * Chairperson or vice Chairperson shall have served two years as regular member and attended at least 90% of meeting not otherwise excused from attending by Chair 4 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.2. agency existed in the issuance of the permit or certifi- cate approval. A valid clearance shall be issued in place of the incorrect document after correct/on of the error or omission. d. Notice and appeal. All decisions concerning the issu- ance, revocation or suspension of zoning clearances shall be stated in official written notice to the permit applicant. Any decision of the building official may be appealed. Sec. 20A-11.2. Board of adjustment. A. Establishment, composition and terms. The board of adjust- ment is hereby established and shall consist of five (5) members and two (2) alternates who shall be residents of the city and shall serve without compensation. For all appointments occurring after September 30, 1991, the city council shall appoint the regular members to the board of adjustment as follows: One (1) member shall be appointed for a term of one (1) year. Two (2) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. Thereafter all appointments shall be made for a term of three (3) years. In no event shall any individual who has served as a regular member of the board of adjustment for the greater of two (2) consecutive terms or six (6) consecutive years be reappointed to serve another consecutive term as a regular member of the board of adjustment unless no other individual, who is otherwise legally qualified to serve as a reg,,~- member of the board of adjustment, has filed an applicat~nn with the city clerk, which is then still pending, seeking appointment to serve as a regular member of the board of adjustment. 1. Continuarivn off, resent board members. The present mem- bers of the board of adjustment shall continue in office until their respective ~erms expire and their successors are appointed in the manner provided by law. Supp. No. 13 747 § 20A-1L2. 2. SEBASTIAN LAND DEVELOPMENT CODE Appointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the board of adjustment may attend all meeting~ of the board of adjustment but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the ~-i~utes of the beard of adjustment shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including a~ alternate member, for three (3) consecutive meeting~, without an excuse approved by the chairperson of the board of adjustment and noted in the mi,~utes, shall be. deemed cause for removal of the member by the city cotmciL F.~-h alternate member ~h-ll fill in for a regular member who is absent, disabled or dizquzlified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one (1) regular member is absent, disabled or disqualified, then both alternate members shall act as members of the board of a~ustment. 3. Vacancies and reappo~. Any member may be reap- pointed, subject to the l~,-itations set forth in subsection A of this section 20A-11~2, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated beard of adjustment seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the city clerk shall provide the chah-person, the city manager and the city council with a copy of all pending applications for membership on the board of justment, even ff the incumbent board of adjustment member intends to seek reappointment. Whenever a cur- rent or former board of adju~:-,.,ent member is being con- sidered for appointment or reappointment to the beard of adjustment, the city council shall consider the number and nature of the memoranda of co-~l{ct previously filed by such person pursuant to section 112.3143 of Florida St~t- utes. Supp. No. 13 748 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.2, B. Fees. The city council shall establish by resolution the ap. propriate schedule of fees, charges and expenses and a collection procedure for appeals, action requests and other matters pertain- lng to the board of adjustment. The board of adjustment shall have the authority to expend any funds so appropriated by .the city council for purposes and activities authorized herein. C. Authority, power and rules of procedure: 1. Authority. In no instance shall the board grant-any use of land in any zoning district other than those USes allowed in such dist~ct as a permitted use or a special exception use. 2. Duties and powers. The board of adjustment shall have the following powers: a. Hear and decide administrative appeals. Hear and de- cide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act. b. Hear and decide requests for special exceptions. Hear and decide such special exceptions as the board of adjustment is specifically authorized to pass on under the terms of the zoning ordinance; to decide such ques- tions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safe- guards or to deny special exceptions when not in hat- - mony with the purpose and intent of this act or any ,o, rdinance enacted ,u, nder the authority of this act. 'Special exception as used in connection with the provisions of this chapter dealing with zoning, means a use that would not be appropriate generally or with- out restriction throughout the particular zoning dis. trict or classification, but which, if controlled as a number, area, location or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals Supp. No. 13 749 § 20A-11.2. SEBASTIAN ~ DEVELOPMENT CODE and the general welfare. Such uses may be permitted in such zoning district or classification as special ex- ceptions only if specific provisions and standards for such special exceptions are in the zoning ordinance and are met by the applicant. c. Hear and decide requests for variances. Hear and au- thorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. "Variance" as used in connection with the provisions of this chapter dealing with zoning, means a modifica- tion of the zoning ordinance regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result'in unneces- sary and undue hard~hip. A variance is authorized only for area and size of structure or size of yards and open spaces, and may not include a variance or any use or a density increase contrary to that permitted in the respective district~. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or classification or in adjoining zoning districts or classifications. d. Require attendance at hearings and administer oaths. The board of adjustment shall have the authority to compel the attendance of witnesses at hearings or meet- ings an~' to administer oaths. 3. Rules of procedure- The board of adjustment shall estab- lish and adopt rules of procedure subject to approval by the city council, which include policies for, but not limited to, election and duties of officers; meeting schedule, time and place; estabhshing agenda and order ofbusines~ and methed of transacting such business; procedure for action and rot- ing by members; conduct of public hearings; rules of con- Supp. No. 13 750 duct; and Supp. No. 13 LEGAL BASIS AND GENERAL PROVISIONS § 20A.11.2. parliamentary procedure; maintenance of records; method of amending the same: a. Officers. The board .al~ll elect a chairperson and a vice chairperson among its members. Whenever possible, the individual selected as the chairperson or vice chair. person of the board of adjustment shall have served two (2) years as a regular member of the board of ad- justment and shall have attended at least ninety (90) percent of the meetings of the board of adjustment which such member was not otherwise excused from attending by the individual serving as the chairperson of the board of adjustment at such meetings. The city clerk shall select an indAvidual to serve as secretary for the board of adju~haent and to take minutes of the meetings of the board of adjustment and' to perform such other duties as appropriate. The chairperson, or in his/her absence the vice chairperson may admin- ister oaths and compel the attendance of witnesses. b. Terms of offiCers of the board Terms of ali such offi- cers shall be for one year, with eligibility for re-election. c. Maintenance of records. The board of adjustment shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Such records shall include, but not be limited to, minutes of proceedings, showing the vote of each member upon each matter of business (including ab- sent members and members failing to vote for other reasons). All such records shall be filed with the office of the city clerk. d. Schedule of meetings. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. e. Quorum. A quorum for action by the board shall con- sist of four (4) members. f. Other rules ofprocedura The board shall adopt such other additional rules as it deems necessary to conduct its business, subject to approval by the city council. 7~0.1 § 20A.11,2. SEBASTIAN LAND DEVELOPMENT (;()DE application and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the board, and shall be part of the record o£ the application. (In reference to ad- ministrative appeals, a summary explanation shall be filed in place of a recommendation.) F. Judicial review of decisions of board of adjustment Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or of any officer, department, board, commission or city council, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judi- cial relief within thirty (30) days after the decision by the board of adjustment. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of rem- edies shall lie with the appellant. (Ord. No. 0-88-6, §§ 1-3, 2-24-88; Ord. No. 0-91-26, §§ 1, 2, 9-25-91) 20A-15.9(9}. Sec. 20A.11.3, City planning.~ zoning commlz~ov~. A. Establishment, composition and terms. The planniug and zoning corn~n~ion ~s hereby establ~ ed and shall consist of seven (7) members and two (2). altern.*,~ who s~11 be residents of the city and shall serve without compensation. The c/fy council shall appoint the regular members to the ?]~g and zoning sion as follows: Two (2) members shall be appointed, for a term of one (1) year. Three (3) members ~h~]! be. appointed roi- a ~rm of' t,-wo (2) years. Two (2) members shall be appointed for a term of three (3) years. Therea/~er all appointments shall be made for a term of three (3) yearn. In no event shall any individual who has served as a regular member of the planning and zoul, g c~mmission for the greater of Supp. No. 13 756 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.3. two (2) consecutive terms or six (6) consecutive years be reap- pointed to serve another consecutive term as a regular member of the planning and zoning cor~m~f, jn~nless no other individual, who is otherwise legally qualified, the Jerve as a re--~ar m ' of the planning and zoning com~si~n, has filed an application with the city clerk, which is then still pending, seeking appoint- ment to serve as a regular member of the planning and zoning commission. 1. Appoi~trr~r~ of ~te~ rnerwbers ~ t~ir d,,rie~. Each alternate member shall be appointed for a term of three (3) ..i years. The alternate members of the plauning and zoning commission may a~r~ud all meet/u~ of the plauning and zoning commission but shall act only in the absence, dis. ability or disqualification of a regular member thereof. When an alternate member ac-ts, the ,~,~utes of the plan. ning and zoning commission shall reflec~ the name of the absent, disabled or clisclu~l{~ed member in whose place and stead the alternate is ac~ing.. The absence of a member, including an alternate member, for three (3) consecutive meetings, without an .excuse approved by the chairperson of the planning and zo,~ng commission and nof~l in the minutes, shall be deemed cause for removal of the member by the city counciL. Each alternate member shall fill in for a regular, member who is absent, disabled or disqualified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one (1) regular member is absent, disabled or diSCl, m]~i~ed, then both alternate members shall ac~ as members of the plan- ning and zoning commissiom 2. V~canci~ and re~ppoim~Trp~. Any member may be reap- pointed, subject to the ]{m{+.ations set forth in subsection A of this section 20A-11.3, above. Appointments to fill any vacancy, shall be for the rem~{nder of the unexpired term of office of the vacated planning and zoning commission seat being filled by the appointment. Furthermore, two (2) months prior to the expiration of the term of auy member, or in the event of any vacancy, the city clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the Supp. No. 13 757 § 20A.11.3. SEBASTIAN LAND DEVELOPMENT CODE planning and zoning commission, even if the incumbent planning and zoning commisd~n member intends to seek reap!°°int~nent- Whenever a current or former planning and zoniug corem/sa/on member i~ be/ug cons/tiered for ap- pointment or reappointment to the planninK and zoning commisdon, the dry coundl shall consider the number and nature of the memorandz of confl/ct previonsly fi/ed by such person pursuant to section 112.3143 of Flor/da Stat- utes. 3. Selection of chairferson and vice c;tair~erson. Whenever possible, the person selected as the cha/rperson and v/ce cha/rperson of the planning and zoning corem/sa/on shall have served t~vo (2) years as a regular member of the plan- ning and zoning comm~ion and shall have attended at leazt ninety (90)percent of the meeting~ o£ the planning and zoning commisdon wh/ch such member was nol erw/se excused from at~nd/nK by the/nd/v/dual serv/ng as the cha/rperson of the piarming and zoning commhdon at such m.eefings. B. Designation as local planning agency. Pursuant to and in accordance with section 163.3174, Flor/da Statutes, the Local Government Comprehensive Planning Act of 1975, the c/ty plan- ning and zoning corami_~=ion is hereby des/gnated and established as the local planning agency for the city. The local planning agency, shall: 1. Conduct the comprehensive planning program and prepare the comprehensive plan or elements or portions thereof for the city. 2. Coordinate said comprehensive plan.or elements or por- tions thereof with the comprehensive plans of other appro- pr/ate local governments and the state. 3. Recommend the comprehensive plan or element.~ or por- tions thereof to the city council for adoption. 4. Monitor and oversee the effectiveness and status of the comprehensive plan as may be required from time to time. Supp. No. 13 75~ LEGAL BASIS AND GENERAL PROVISIONS § 20A.11.3. C. Authority, powers and proceedings: 1. Authority. The city planning and zoning commission shall abide by all the applicable provisions of the City Charter, as amended, and all applicable provisions of [the] Florida Statutes. 2. Functions and powers. The functions and powers of the planning and zoning commission shall include: a. Acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the area concerned, sta- tistics on past trends and present conditions with r~ spect to population, property values, economic case, land use, and such other information as is important or likely to be important in determining the.~mount, direction and kind of development to be expected in the area and its various parts; b. Establish principles and policies for guiding action in the physical development of the city; c. Advise and consult with administrative staff and oth- ers as may be directed by the city council in preparing the comprehensive plan, recommending amendments to the plan based on continuing plan evaluation; and recommending to the city council courses of action and proposed ordinances and regulations designed to pro- mote orderly development as may be necessary to im- plement the plan or to carry out any function of the commission; d. Determine whether specific propo~ecl'developments con- form to the principles and requirements of the com- prehensive plan as to growth and improvement; e. Keep the city council and the general public informed and advised as to the physical development of the city; f. Conduct such public hearings as may be required to gather information necessary for the preparation, tablishment and maintenance of the comprehensive Supp. No. 15 '759 § 20A-11.3. Supp. No. 15 SEBASTIAN LAND DEVELOPMENT CODE plan, as well as all other public hearings provided for hereby or by the city council; g. Make or cause to be made any necessary special stud- les on the location, condition, and adequacy of specific facilities in the area. These may include, but are not limited to, studies on housing, commercial and indus- trial conditions and facilities, public and private utili- ties, and traffic, tr~-sportation and parking; h. Consider all plats subdividing lands, as well as all newly proposed streets or extensions thereto, and rec- ommend acceptance, modification or rejection thereof; prepare regulations for the subdivision and platting of land; review all plans for such streets and subdivi- sions, including all required community facilities such as drainage, water and wastewater facilities, and all other needed public improvements; and forward to the city council written recommendations on such matters; i. Undertake studies of city public land needs and rec- ommend site acquisition for the same, .including de- velopment plans and requisite facilities; j. Consider all questions involving the location, remov- al, or alteration in any way of any work of art belong- ing to the city, including monuments, memorials, and statuary, that is not kept indoors or assigned hereby orby ordinance to the jurisdiction of another agency; and, prior to the acceptance or rejection of any pro- posed gift' to the city in the form of a monument or memorial, to approve or recommend modification or rejection of a sketch or plan thereof and the proposed location thereof; k. Annually prepare in conjunction with the city engi- neer a list of the capital improvements recommended for construction during the next fiscal year and the four-year period following it, showing recommended order of priority thereof, the year recommended for beginning construction, the year recommended for com- pleting construction, and the estimated costs thereof; Carry out powers of site plan review as stipulated in Article X of this chapter; and Perform any other duties which lawfully may be as- signed to the commission. '760 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.3. Rules of procedure The planning and zoning commission shall establish and adopt rules of procedure subject to ap- proval by the city council, which include policies for, but not limited to, election and duties of officers; meeting sched~ ule, time, and place; ' establishing order of business and method of transaction; procedure for action and voting by members; conduct of public hearings; rules of conduct; par. l~rnentary procedure; maintenance of records; and method of amending same: a. Officers. The planning and zoning commission shall elect a chairperson and a'vlce-chair~reon from among its members at the first regular meeting of the plan- ning and zoning co~-~.i.sion held at the beginning of each calendar year. Each such officer shall serve a term of one year or until h/s or her successor is ap- pointed. The pl~-~i~ and zoning commission shall follow the criteria set forth in section 20A-11.3.A.3. The dty clerk shall appoint a city employee to serve as secretary to the planning and zoning corn,~i-sion and take minutes of the meetings of the pl~,n,ing and zoning commission. (Ord. No. 0-93-01, § 67, 2-24-93) b. Meetinga The cornmi~ion shall meet at regular in- tervals to be determined by it and at such other times as the cha/rman or commission may determine. It $h~ll adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transac- tions, findings and determinations. Such record shall be a public record. All meetings of the commission shall be public. c. Administration of business affaira The commission may, subject to the approval of the city council and within the financial ]irnltations set by city council appropriations or by other available funds approved by the city council, employ such experts, technicians and staff as may be deemed proper and pay their sala- r/es, contractual charges and fees, and such other ex- penses as are necessary to conduct the work of the commission. d. Procedures for localplanning agency. Rules of the plan- ning and zoning commission shall apply to the plan- Supp. No. 15 760.1 § 20A-11.3. Supp. No. 15 SEBASTIAN LAND DEVELOPMENT CODE ning and zoning commission acting under the powers extended to the local planning agency in Chapter 163, Florida S~atutes. Members of the local planning agency shall continue to be appointed and follow such rules of procedure, methods of choosing officers, set'lng of public meetings, providing financial support and accom- plishing its duties in ordinances and resolutions adopted by the city council. All meetings of the local plann{ng agency sh~ll be public meetings and all agency records shall be public records. The local planning agency shall encourage public participation. A written agenda shall be prepared prior to each meeting with an agenda submission deadline as established by the planning and zoning commission. The pl~nn{ng and zoning cornm{~sion, by the unanimous consent of all of the pl~,~,~,~g and zoning commission members present at a meeting, may add or modify the written agenda by adding additional items thereto, but the planning and zoning commission members shall not take action on any items added to the written agenda at such meeting when prohibited by law. (Ord. No. 0-93-01, § 67, 2-24-93) 760.2 § 20A-14.14 SEBASTIAN LAND DEVELOPM~ENT CODE (8) Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property, including.. a. Need for access around the proposed structure/'or con- struction equipment (max/mum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. (9) Use of the land as permitted by the applicable zoning reg* ulations. (10) The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. (11) The spedes and size of the trees proposed for removal. (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.15. Application review. A. The city manager or his designee shall review and grant or deny the permit application within ten (10) working days after receipt of an application ~ed pursuant to thi.~ article. If the ap- plication is denied, the reasons therefor shall be in writing and attached to the application. In the event ten (10) working days have lapsed and the city manager or his designee has not acted on the application, the application shall be deemed to have been B. In the event a site plan is required to be submitted, then the application shall be submitted simultaneously as part of the site plan application and the approval period shall be as required for the site plan review. C. A certificate of occupancy shall not be issued by the city for a residential unit without the applicant first demonstrating com- pliauce with the provisions of section 20A-14.12(3). (Ord. No. 0-95-01, § 1, 2-22-95) Sec. 20A-14.16. Tree advisory board. A. There is hereby created a tree advisory beard, which shall provide advice to the city council as requested by the counc/1 on Supp. No. 18 958 LANDSCAPE AND TREE ORDINANCES § 20A-14.16 care of trees on city property, preservation of historic trees, proposed planting of trees on city property, proposed amendments to this Tree Protection Ordinance, and such other matters as required by the city council from time to time. B. The tree advisory board shall consist of five (5) residents of the city, who shall be appointed by the city council. Members shall serve without compensation. Initially, three (3) members shall be appointed to two-year terms and two (2) members shall be appointed to one-year terms. Thereaf%er, all appointments shall be for two- year terms. There shall be two (2) alternates who are residents of the city and who shall be appointed by the city council. Initially, one alternate shall be appointed to a one-year term and the other alternate shall be appointed to a two-year term. Thereafter, all appointments shall be for two-year terms. C. Vacancies shall be filled by the city council. D. Meetings shall be held at such-places and times as specified by the city council from t~rne to time and shall be open to the public. (Ord. No. 0-95-01, § 1, 2-22-95; Ord. No. 0-96-27, § 1, 9-25-96) Supp. No. 23 959 [The r, ex~ page is 1005] ADMINISTRATION § 2- t 76 prudence, discretion and intelligence exercise in the management of their affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Such investments shall in all respects comply with state law regulating the investment of local government funds. (Code 1980, § 2-78) Secs. 2-114-2.135. Reserved. ARTICLE ¥. EMPLOYEE BENEFITS* DMSION 1. GENERALLY Secs. 2-136--2.145. Reserved. DIVISION 2. OLD AGE, SURVIVORS AND DISABILITY INSURANCE? Sec. 2.146. Adopted. The provisions adopted re=om-ding social security are incorporated in this division by reference and are on file in the city clerk's office. Secs. 2-147-2-165, Reserved. ARTICLE VI. BOARDS, COM]V[ISSIONS, COMMITYEES$ DMSION 1. GENEI:LhLLY Secs. 2-166-2.175. Reserved. DMSION 2. CODE EN'FORCEMENT BOARD*" Sec. 2-176. Created. ~'a) There is hereby created and established the Sebastian Code Enforcement Board. The board is created and established pursuant to the authority granted pursuant to the Local Government Code Enforcement Boards Act. F.S. §§ 162.01 through 162.13. *Cross reference-Personnel procedures, § 2-4. *State law reference-Social secur/tv for public employees, F.S. ch. 650. ~Cross references-Jurisdiction o£ the code enforcement board, § 2-178; construction board, § 26-191 et seq.; planning and zoning board, ch. 54: board of adjustment, ch. 54. **State law references-Code enforcement. F.S. ch. 162: code enforcement board, F.S. ~ 162.01 through 162.13. ~ Supp. No. 5 CD2:!5 § 2-176 SEBASTIAN CODE lb) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. §§ 162.01 through 162.13, which are not inconsistent with this division, are hereby adopted as ordinances of the city. (Code 1980, § 2-91; Ord. No. O-93-16, § 1, 2-9-94) Sec. 2-177. Definitions. The following words, terms mud phrases, when used in this division, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meanin~ Board means the Sebastian Code Enforcement Board. City means the City of Sebastian, Indian River County, Florida. Code inspector means those employees or other agents of the city whose duty it is to enforce city codes and/or to present code violations to the board. Code(s) means the Code of Ordinances and/or the Land Development Code of the City of Sebastian. County means Indian River County, Florida. Person means any individual, corporation, partnership, firm, association, legal represen- tative, trustee or receiver. Repeat violation means a violation of a provision of a code or ordinance by a person whom the code enforcement board has previously found to have violated the same provision within five years prior to the violation. Violator means the person responsible for the code violation which, in the appropriate circumstances, shall either be the perpetrator of the violation or the owner of the real property upon which the violation occurred. (Code 1980, § 2-92; Ord. No. O;93-16, § 1, 2-9-94) Cross reference-Definitions and rules of construction generally. § 1-2. State law reference-Similar provisions, F.S. § 162.04. Sec. 2-178. Jurisdiction. (a) Unless exclusive jurisdiction and authority for enforcement of the City's Code o[' Or- dinances and Land Development Code is expressly and exclusively granted to one of the city's other boards, commissions, committees or administrative o[~cials, the code enforcement board shall have [the] authority and jurisdiction to hear and determine alleged violations of the Code of Ordinances and Land Development Code of the City of Sebastian. ~b) The jurisdiction of the code enforcement board shall not be exclusive, but shall be concurrent ~vith any other board, commission, committee or administrative official charged Supp. No, 5 CD2:16 ADMINISTRATION § 2-180 with the enforcement of the Code of Ordinances or Land Development. Code of ~.he City o[' Sebastian. (Code 1980, 8 2-93; Ord. No. O-98-I6, 8 1, 2-9-94) Cross references-Puller elevations standards, § 26-1; technical code adopted, 8 26-31 et seq.; electrical code, 8 26-61 et seq.; energy code, § 26-111 et seq.; swimming pool code, 8 et seq.; drainage requirements, 88 26-2, 90-87; contractor licensing and regulations, § 26-161 et seq.; business license, § 30-27 et seq.; fn'e prevention code, § 42-46 et seq.; flood damage prevention code, 8 46-26 et seq.; sanitary regulations, ch. $0; land development code, ch. 54; mobile home anchor regulations, § 62-3; nuisances, ch. 66; solid waste, ch. 86; junk regula- tions, 8 86-46 et seq.; driveway construction and repair regulations, 8 90-86 et seq. Sec. 2.179. Membership; composition. The board shall be composed of seven regular members, and at city council's discretion, up to two alternate members. All members shall be appointed by the city council and the board shall consist, whenever possible, of the follow/ag: (1) One architect; (2) One businessman; /3) One engineer; (4) One general contractor; One realtor; (6) One subcontractor; (7) The final member, and alternates if appointed, may be any qualified resident ot' the city. (Code 1980, 8 2-94(a); Ord. No. O-95-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(2). Sec. 2-180. Qualifications. Each regular member appointed to the board shall possess the following minimum qual- ifications: The architect and the engineer shall be registered under the Laws of the State of Florida regulating the practice of architecture and engineering or shall possess sim- ilar qualifications under the laws of other states or shall have actual experienc6 deemed by the city council to be equivalent to such re~stration. The general contractor and the subcontractor shall possess a valid certificate of com- petency and occupational license, recognized and accepted under the La~vs of the State of Florida and the codes of the city, regulating the business of contracting and. where required, state registration as a contractor, or shall possess ~imilar qualifications under the laws of other states, or shall have actual experience deemed by the c/tv council to be equivalent to such cemification. § 2-180 SEBAS.TIA~N (3) The realtor shall be .licensed under the Laws of the State o£ Florida licensing real estate brokers as either :a broker or salesman, or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the city council .to be equivalent to such licensing, (4) The businessman shall be actively engaged in any lawful business within the city, or shah be an officer or employee of a business entity holding a current and valid occupational license issued by the city. (5) Each member shall be a resident of the city. If a member of the board ceases to be a resident of the city, such member shall immediately notify the city clerk of such occurrence and their membership on the board shall terminate automatically and immediately. (Code 1980, § 2-94(b); Ord. No. 0-93-18, § 1, 2-9-94) Sec. 2.181. Terms of office. (a) Of the regular members initially appointed to the board: (1) Two members shall be appointed for a term of one year each. (2) Three members shall be appointed for a term of two years each. (3) Two members shall be appointed for a term of three years each. (b) After the initial appointments, ah subsequent appointments shall be made for terms of three years each. (c) In no event shall any individual who has served as a regular member of the board for the greater of two consecutive terms or six consecutive years be reappointed to serve another consecutive term as a regular member of the board unless no other individual, who is other- wise legally qualified to serve as a regular member of the board, has filed an application, which is then still pending, with the city clerk, seeking appointment to serve as a regular member of the board. (Code 1980, § 2-94(c); Ord. No. O-91-23, § 1, 9-25-91; Ord. No. 0-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(3). Sec. 2.182. Vacancies amd reappoinrmemts. (a) If any member fails to at-tend two of three successive board meetings, without cause. and without prior approval of the chairman, the board shall declare the member's office vacant and the city council shall promptly fill the vacancy in accordance ~vith the provisions of this section. (b) All members of the board shall serve in accordance with the requirements of this division. The city council may suspend or remove any member. ['or cause, prior to the expira- tion o[` their term. (c~ Any member may be reappointed to the board in accordance with F.S. ch. 162. subject to the limitations set forth in section 2-181. Appointments to 1iI1 any vacancy on the Supp. No, 5 CD2:18 .&DMINISTRATION § 2-187 shall be for the remainder of the unexpired term of office. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the city clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even if the incumbent board member intends to seek reappointment. Vv'nenever a current or former board member is being considered for appointment or reappointment to the board, the city council shall consider the number and nature of the memoranda of con(iici; previously ('fled by such person pursuant to F.S. § 112.3143. (Code 1980, § 2-94(d); Ord. No. O-91-23, § 2, 9-25-91; Ord. No. O-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(3)(d), (e), if). Sec. 2-183. Quorum. Four or more members of the board shall constitute a quorum. (Code 1980, § 2-96; Ord. No. O-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(4). Sec. 2.184, Compensation. Members of the board shall serve without compensation, but may be reimbursed for such travel [expenses], mileage expenses and other per diem expenses as may be authorized by the city council and approved by the city manager, or as otherwise provided by law. (Code 1980, § 2-97; Ord. No. O-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(4). Sec. 2-185. Organization. ia) The board officers shall consist of a chairperson, vice-chairperson and such other officers as the board shall deem necessary. (b) O ~cers of the board shall be elected by a majority vote of the membership of the board. The election shall be held at the first meeting of the board calendar year when all appointed members are present. (Code 1980, § 2-95; Ord. No. O-93-16, § 1, 2-9-94) State law reference-Similar provisions, F.S. § 162.05(4). Sec. 2.186. Rules and regulations. The board may adopt such rules and regulations, as are not inconsistent with the provi- sions of F.S. ch. 162 or this division, for the conduct of its hearings. ~'Code 1980, § 2-98; Ord. No. O-93-16. § 1.2-9-94) State law reference-Similar provisions. F.S. § 1(]2.08(1~_ Sec. 2-187. Clerk. The city clerk shall appoint a ciw empioyee to be the board clerk, who shall perform the functions assigned to the clerk as se~- fomh in this division. /Code 1980, § 2-99: Ord. No. O-93-16. § 1. :2-9-94,~//'~)"" Supp. N,~. 5 CD2:19 § 2-188 SEBASTIAN CODE See. 2-188. ~ of the board, appoint a member of the Florida The city council recommendation upon Bar, to represent and be counzel to the board and attend all meetings. The legal counsel shall be compensated as provided by the city council. (Code 1980, § 2-100; Ord. No. 0-93-16, § 1, 2-9-94) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-189. City attorney. The city attorney shall represent the city and the code inspector before the board; shall present the city's case on all formal hearings; and shall have prosecutorial discretion, in- cluding, but not limited to, the right to negotiate a plea with an alleged violator and present that plea to the board for approval; to recommend the disposition of a case to the board; and to decline to prosecute a case, similar to the discretion exercmed by the state attorney of the Nineteenth Judicial Circuit in cr~rninal cases. (Code 1980, § 2-101; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-190. Enforcement procedures. (a) It shall be the duty of the code inspector to enforce the various codes and ~nmate enforcement proceedings before the board. No member of the board shall have the power to initiate enforcement proceedings. (b) Except as provided in subsection (d) of this section, if a violation of the codes is found, the alleged violator and guve him reasonable t~me to correct the the code inspector sh~U rlOt~ violation. If the violation continues beyond the time specified for correction, the code inspector shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall' be hand-delivered .or totaled as provided in section 2-196 of this division. At the option of the board, notice may additionally be served by publication or posting as provided in section 2-196 of this division. If the violation is corrected and then recurs, or if the violation is not corrected by ~he time specified for correction by the code inspector, the case may be presented to the board even if the vmlatton has been corrected prior to the board hearing, and the notice of hearing shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator, but shall, not be required to give the violator a reasonable time to correct the violation. The code inspector. upon notifying the violator of a repeat v~olation, shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and sh~ll provide notice in the same manner as provided in subsection 2-190(b). The case may be presented to the board even corrected prior to the board hearing, and the notice shall so if the repeat violation has been state. /-~ (d) If the code inspector has reason to believe a violation presents a serious threat to the .~/~ public health, safety and welfare or if the violation is irreparable or irreversible in nature, the ~-'~'~' Sump No 5 CD2-O0 BUILDINGs AND BUILDING REGULATIONs Public he~,~ ~ e~p°~ered to i .... ~ ~e Ofat le~t $~ n~~ ~ne bo~d ur mvozved revoca. -~en the bo=.~ ~ ~' a~ ~ad ~n~ *~: -~ me Do~d n, .... -. ~actor or - prOtect the Where the ~ n~ repOSed s---- ~on t~en a~n f.~ ~u~ to thjs --, - ~ contracto~ wh ~ contrac~r ~_ u~ ~PHn .... s~ ~ b3 th- = ~icle who, ,~,~. o ~aout a 1~__ · "~ en~ · ~ ac:ion ~,_ ~ uep~,~, , " ,~nin ~he -~C~e ~-~u m the b'- ' ~st ~he - -~,,c, or ~v ,~ - ' USmess or ..... uontra~or ~o ,~ ~ ~ne ~o~d . ~c:ea m the ~n~,~,. ~,~e aeP~men~ (~) In ad~oa ~o ~he Pen~ · ~ol:~e~he ~ whi~ ~etiestha~may be~_0 . ~ res~n proWd~ fo- · ~ se~ ~d "~'~mc~ou for i-;,.-~3] ~'m~ ~ide b,- ~,- '~ ~n~ section ,~ ~s that may b (h) ~y a~ev "~ve relie~ ~ '~g the appro ., ~ae ~O~d sh~ - e ~e bo~d to th~' c~c- ~ P~' ~du~ t~ ~ . P~ate action i- ~1 be limited t~ u~ ~u~ for the co ~ '~ oo~, may a. _ ~ a co~ (Code ~ ~ aays of ~he .... ~w Otthe record ~ ~ sh~ not b ~'~n~Stra~ve orde --ou, ~ 7-106) ~*~c~ion of the ~-~ ~a[ed be$o~ ~ ~ e ~ appe~ d~ - ~ of ~-aer to be ..... ---~ aO~d' ~ _ ~nOVo Out . ~e~ed. ' ~' aPpe~ Sh~l be Sec 26. I76. Sa~ cla~e, It is the ~tent of the d~ that oF the ci~.Tas offs. ~ 48" IT-P°we~ of the d,._ ~t~ ~i=le be c s~steut ~ ,~ "~e ~e POwer ~' ~ ~enaed Fro . ~ement~ to ~ s b~zng COnsis. (Co~ .... -- ~ae laws ,~ . to re,late s~ _ ~_~e Co ~ ., d COnszsten . ~"z~80, j 7-107) °f~uS~te,~..~ .~c~u~edco~,_ .e'However, it;~., t~th, m -~e ~ ti~e' "~ extent n-- ' t Sees. 26.177~2~.190. uc ~ncon. ~se~ed. DFVIsION 2. CONSTRUCTION BOARD. See, 26-191. Membership: terms; fillin~ of Vacancies. (a) The city. COnstruction board sh tical, Shall Cons~s~ o£ two certif/ed con contractor, One he · /I be composed O£sev C~°ntractor, an~ ~- at,rig and venti ~,~_ractors (reszden · en~members _ ~ ~ ~ne COnce ..... 1 .... - contr~-~ t~al, buildi-- and, a~ far -- ~ ~uuncll ~ay a· ' en~neer, o- . ~rlcal ~efere~ce~B°ards' c°m~ission ~d commi~tees, ~ 2.i66 e~ seq. ~so appoint o~ ~e Plumbin~ CD26:36 § 26-191 SEBASTIAN CODE members who shall serve as necessary to assemble a maximum of seven voting members of the board, it is preferred that the alternate members consist of one certified contractor and one concerned citizen. All members and alternate members shall be appointed by the city council. The board may make recommendation to the city council concerning membership to the board. Co) To be eligible for appointment, except as otherwise provided in this section, each contractor member shall be actively engaged in construction in the city, be a resident of the county, or have an established business in the city limits. A contractor member must meet two of these three requirements. The concerned citizen member must be a resident of the city. The architect or engineer shall be licensed in the state and be a resident of the county. (c) Each member of the board shall hold a valid certificate issued by the board or the state in addition to having the qualifications required in subsection Co) of this section, excepting the one concerned citizen member. If any member of the board, at any time during his term, no longer possesses the required qu-llf~cations such member shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced. (d) Of the regular members appointed to the board: (1) Two members shall be appointed for an initial term of one year; (2) Three members shall be appointed for an initial term of two years; and · (3) Two members shall be appointed for an initial term of three years. Thereafter all appointments shall be made for a term of three years. Ail terms of office shall expire on September 30 of the l~t year of the term. (e) Each alternate member shall be appointed for a term of three years. (f) In no event shall any individual who has served as a regular member of the board for the greater of two consecutive terms or six consecutive years be reappointed to serve another consecutive term as a regular member of the board unless no other individual who is otherwise legally qualified to serve as a regular member of the board has f'zled an application with the city clerk, which is then still pending, seeking appointment to serve as a regular member of the board. (g) Any member may be reappointed, subject to the limitations set forth in subsections (d) through (f) of this section. (h) Appointments to ['S1 any vacancy shall be for the remainder of the unexpired term of office of the vacated board seat being £zlled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event oi` any vacancy, the city clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even ii' the incumbent board member intends to seek reappointment. Whenever a current or former board member is being considered for appointment or reappointment to the board, the city council shall consider the number and nature of the memoranda of conflict previously {'~ted by such person pursuant to F.S. § 112.3143. (Code 1980, § 7-92(al-(d); Ord. No. 0-91-24, §§ 1, 2, 9-25-91) CD26:36 BUILDINGS AND BUILDING REGULATIONS § 26-196 Sec. 26-192. Meetings; quoru~n; officers; rules and regulations; budget. (a) The board shall meet regularly as the need presents i~self. Four members of the board shall constitute a quorum. A majority of the members present shall be required to act. (b) The board shall elect officers from its membership. Whenever possible, the person selected as the chairperson and vice-chairperson of the board shall have served two years as a regular member of the board and shall have attended at least 90 percent of the meetings of the board in which such member was not otherwise excused from attending by the indi- vidual serving as the chairperson of the board at such meetings. (c) The board is authorized to adopt rules and regulations to carry out provisions of this article. The board may from time to time change, alter or amend the rules and regulations adopted. (d) Special meetings o£ the board may be held as the board provides in its rules and regu/ations. (e) All revenues received by the board shall be deposited with the city. The board shall annually submit a budget to the city council for its expenses. The board or any member thereo£ shall not receive any salary, expenses, or any other funds without approval of the city council. (Code 1980, § 7-92(e)-(h); Ord. No. O-91-24, § 3, 9-25-91) Sec. 26-193. Oaths and testimony. Any member of the board or duly appointed hearing officer designated by the board may administer oaths and take testimony about all matters within the jurisdiction of the board. (Code 1980, § 7-92(~)) See. 26-194. Seal. The board shall adopt a seal for its use containing the words "City of Sebastian Construe. tion Board." (Code 1980, § 7-92(k)) Sec. 26-195. Compensation. Members of the board shal/receive no salary or compensation for attendance at meetings, but may be reimbursed for their actual exT. enses incurred in the performance of their duties in accordance with procedures established by resolution of the city council. (Cede 1980, § 7-9211)) Sec. 26-196. Removal of board member. The city council shall have the power to remove any member of the board for any reason provided by the laws of the state. In addition, the city council shall have the power to remove any member of the board if that member fails to attend three consecutive meetings without having been excused by the chairperson, or upon the written recommendation to remove a member which is submitted by the board to the city council which a majority of the board votes CD26:37 m § 26-196 SEBASTIAN CODE m in favor of submitting to the city council and which sets forth specific reasons indicating that m the member is not fulfilling his duties as a member of the board..Such ..w~. tten recomme,nd, .atlon shall indicate the votes of the board members with respect to the written recommenaauon, m (Code 1980, § 7.92fm)) Sec. 26.197. Powers and duties, m The construction board shall have the following powers and duties: (1) Advice to th~ city cou~fl. On its own initiative or whenever requested to do so by the city council, to give advice to the city council and to other public officials or employees m with reference to any matter affecting contractors or the construction mdus~y wtthm the corporate limits of the city. m city building and housing codes, the= adoption, .the~ a ,m, ~e.n_.drn~en~,,ana ~.ne,re ..v~_ _~Ornet~' the minimum state building codes or any stanza pu.o.ns..nea, co~t~;r ~ecnmca~ ~' m ulation which ~ns~itutes all or part of ~ch codes or o~ m~s c~p . cause to be examined holders of contractor s ~tcenses _w~.t,.mn, t. ne~t~r.'~Y or appuc~u,~ such license, in accordance with the requirements of this cnap . . (4) Licensing of contractors. To license contractors pursuant to the requirements of this ~ '-' m article. (5) Reuiew of violations of this article. On the mo.~.on of the ~bo.a~d, ,~on a notice oF, he~_a~n__~g m issued by an investigator or on the verified, w~tten com.p~at .n~ o~ .a~.y, per~,_~sest~7: may review the actions of any person, mc~umng a conrmac~o.r. ~na~ nas oe.en ~-~-- .~.~ , certificate of competency by the board pursuant to this article or a state cerunea m process hearings and thereafter take appropriate discxpnnary action as au~nonze pursuant to this article if the person, including a state certtfied contr.a.ctor .o.r ,a con~ m tractor holding a certificate of competency from the board pursuant to this article ant including an entity qualified by a contractor who is s~at.e ce .rt. ified~ o.r ,holFds a. c,e~- cate of competency from the board pursuant to this article, m muna ~o oe m vxo,auon of one or more of the acts or omissions constituting a prohibited actlwty p .ursuant to section 26-171 or constituting cause for discxplinary action pursuant to sectxon 26-172 to the e~ent not reserved to the department to the exclusion o~ the board. (6) Coordinate investigations with other governmental agencies. To cooperate with other governmental agencies, local, s~ate and federal, w~th. reference, to~.an..y m~a.!teri~ fecting contractors or the construction industry within the corporate nrm~s o~ne c y. (7) Subpoena powers. The board shall have the authority to subpoena alleged violators and witnesses to its hearings. The city, the board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Sub- //~ poenas shall be served in the same manner as civil subpoenas are served under ~ CD26:38 m BUILDINGS AND BUILDING REGULATIONS § 26-210 Florida Statutes and the Florida Civil Rules of Procedure. The chairman of the board shall provide the clerk with sufficient signed and blank witness subpoenas to be provided to alleged violators and the city attorney for the purpose of subpoenaing witnesses and records. (8) Other. The board shall perform such other duties as may be determined by the city council. (Code 1980, 8§ 7-92(i), 7.92.9., ?-95; Ord. No. 0-91-19, § 1, 7-10-91) Sec. 26-198. Administration. In order to carry out the intent of this article, the city council hereby appoints the fol- lowing officials to assist the construction board in performing its duties: (1) Building official The building official, or his authorized representative, shall have the primary duty of enforcing the various codes and initiating disciplinary proceed- ings before the board, and shall make such recommendations or reports to the board as needed on each matter considered by it. (2) Clerk. The building official shall appoint a city employee to be the board clerk The clerk shall record all meetings of the board and shall prepare minutes of each meeting, which shall state all motions, the vote of each member upon each question or motion, and a statement as to any member who is absent or failing to vote. The minutes of the board may be in a summary or outline form, but shall accurately reflect the deliber- ations of the board. The clerk shall perform such other functions assigned to the clerk by the board. (3) Legal counsel The city attorney shall advise and be counsel to the board. The legal counsel shall be compensated as provided by the city council. (Code 1980, § 7-92.1) Secs. 26-199-26.209. Reserved. ARTICLE VII. DEVELOP1VIENT AGREE~%4[ENTS Sec. 26-210. Development agreements; generally. Upon compliance with the applicable provisions of the Florida Local Government Devel- opment Agreement Act, as set forth in F.S. § 163.3220 et seq., as amended from time to time, the city council shail have the authority, by resolution, to authorize the mayor or city manager to enter into a development agreement on behalf of the city with the owner of real property located in the city, which allows the property owner to proceed with the development of the owner's rea/property in accordance with e.xisting laws and policies, subject to the terms and conditions of the development agreement. (Ord. No. 0-93-15, § 1, 6-23-93) Sut:p. No. 3 ' CD26:39 RESOLUTION NO. R-94-51 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORy EOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM PROCEDURES FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATIVE MEMBERS; ESTABLiSHiNG DUTIES OF THE CiTY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the performance of its duties; and WHEREAS, the City Council desires to establish a uniform procedure for appointment to such advisory boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section A- TERM. Except as specifically provided in the Code of Ordinance or the Land Development Code of the City of Sebastian pertaining to the Sebastian Code Enforcement Board, the Sebastian Construction Board, the Sebastian Planning and Zoning Commission and the Sebastian Board of Adjustment, the members of all appointive boards, commissions, and committees shall be appointed to a three (3) year term unless otherwise provided by ordinance or Florida Statute. In addition', except as specifically provided in the Code of Ordinances or the Land Development Code of the City of Sebastian pertaining to the Sebastian Code Enforcement Board, the Sebastian Construction Board, the Sebastian Planning and Zoning Commission and the Sebastian Board of Adjustment, terms for regular members of all appointive boards, commissions and committees shall be staggered so that no more than three (3) members shall be appointed in any given calendar year. Section 2. RESIDENCY. The majority of the members of each appointive board, commission or committee shall be residents of the City of Sebastian unless applicable Florida statute or City ordinance requires that all members of such board, commission or committee reside within the corporate limits of the City. The remaining members of all appointive boards, commissions, and committees shall reside in Indian River County. Section 3. ALTERNATIVE MEMBERS. Ail appointive boards, commissions, and committees, except the Sebastian Code Enforcement Board, shall have at least one (1) alternate member with a maximum of two (2) alternative members. Section 4. DUTIES OF THE CITY CLERK. a. The City Clerk shall keep and maintain a list of the names, addresses, and telephone numbers of all members of appointive boards, commissions, and committees; their date of appointment, reappointment, and term expiration. b. The City Clerk shall timely inform the City Council and City Manager of any changes made to the composition of any appointive board, commission or committee. c. The City Clerk shall provide each new appointee with a copy of the publication entitled "Florida Commission on Ethics Guide for Political Officers and Employees',, the City Board Handbook and related financial disclosure forms. d. Two months prior to the expiration of the term of any member of an appointive board, commission or committee, or in the event of any vacancy on any such appointive board, commission or committee, the secretary or clerk to any such appointive board, commission or committee shall notify the City Clerk of such opening to enable the City Clerk to advertise the position. The City Clerk shall then provide the chairperson, the City Manager and the City Council with a copy of all pending applications for membership on such board, commission or committee, even if the incumbent member intends to seek reappointment. Section ~. APPLICATION. a. The City Council shall provide a uniform application which shall be completed by each individual seeking appointment to a board, commission or committee. b. Each applicant shall file a complete application with the City Clerk which is signed and dated by the applicant. Each applicant shall attest to the truthfulness of the information on the application. .. Section 6. RESIGNATION. Any member of an appointive board, commission or committee who does not intend to seek reappointment shall notify the city Clerk and the chairperson of such board, commission or committee at least two (2) months in advance of the expiration date of his or her term of office. Section 7. VACANCIES AND REAPPOINTMENTS. a. Each member of an appointive board, commission or committee who seeks reappointment shall notify, in writing, the City' Clerk and the respective chairperson of the board, commission or committee, of the intention of such member to seek reappointment at least two (2) months in advance of the term expiration date. b. The chairperson shall present the reappointment of a member along with other pending applications for the position to the other members who shall vote to make a recommendation to the City Council. c. In no event shall any individual who has served as a regular member of the appointive, board, commission or committee for the greater of two (2) consecutive terms or six (6) years be reappointed to serve another consecutive term as a regular member of such appointive board, commission or committee unless no other individual, who has otherwise legally qualified to serve as a regular member of such appointive board, commission or committee has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of such appointive board, commission or committee. This provision shall  t preclude such regular member from seeking appointment as a 4 regular member to committee. another appointive board, commission or d. In the event that the City Council fails to reappoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until reappointment is ratified or a new appointment is confirmed. e. Whenever a current or former member of an appointive board, commission or committee is being considered for appointment or reappointment to an appointive board, commission or committee, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to Section 112.3143 of Florida Statutes. Section ~. UI~EXPIR~D TERM. In the event that a vacancy occurs prior to the expiration of the term, the chairperson of the respective board, commission or committee shall place the filling of such term on the agenda of the next regular meeting or call a special meeting for the sole purpose of considering the filling of such vacancy. The board, commission or committee may recommend the filling of the unexpired term by appointment of an alternate member or another applicant for the position. The City Council shall review the rscommendations of the board, commission or committee prior to exercising its discretion in filling the unexpired term. Section 9. SOLICITATION FOR APPLICANTS. a. The city Clerk shall, by press release in a newspaper of general circulation in the city of Sebastian, notice open positions at the request of board secretaries. Section 10. INTERVIEW. The respective board, commission or committee may interview an applicant at a public meeting however, the City Council shall interview each applicant at a public meeting, and shall vote for their selection at a public meeting designated for such purpose. Section 11. REMOV]XL. a. Prior to suspending or removing a member of an appointive board, commission or committee, the City Council shall specify sufficient facts to advise the affected member as to the basis for his or her suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. b. The city Council may suspend or remove from office any member of an appointive board, commission or committee, for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. c. The city Council may suspend or remove from office any member of an appointive board, commission or committee, for the falsification or omission of information requested on the application form; the failure to attend three (3) consecutive regular meetings of the respective board, commission or committee, without being excused by the chairperson; being adjudicated as incapacitated or incompetent by a court of law; establishing permanent residency in contravention to the conditions for appointment; or failing to file a financial disclosure as required by Chapter 112, Florida Statutes. d. The City Council may suspend from office any member of an appointive board, commission or committee, who is arrested for a felony or for a misdemeanor related to the duties of the office or who is indicated or informed against for the commission of any federal felony or misdemeanor or state felony or misdemeanor. e. The City Council may remove from office any member of an appointive board, commission or committee, who is convicted of a Federal felony or misdemeanor or state felony or misdemeanor. For purposes of this subsection, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. f. The City Council may, in its discretion, reinstate any member of an appointive board, commission or committee, at any time prior to his or her removal. g. The suspension of a member of an appointive board, commission or committee, by the City Council creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a member of an appointive board, commission or committee under the provisions of this section, shall be filled by a temporary appointment to such office for the period of the suspension, not to exceed beyond the term of the suspended municipal board member. Such temporary appointment shall be made in the same manner and by the same authority as provided by this Resolution for the filling of a permanent vacancy in such office. h. No member of an appointive board, commission or committee, who has been suspended from office under this section may perform any official act, duty, or function during his or her suspension; receive any pay or allowance during his or her suspension; or be entitled to any of the emoluments or privileges of his or her office during his or her suspension. i. If a member of an appointive board, commission or committee is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, the City Council shall forthwith revoke the suspension and restore such member to office. Section CHAIRPERSONS. chairperson 12. SELECTION OF CHAIRPERSONS AND VICE Whenever possible, the individual selected as the and vice chairperson of an appointive board, commission or committee, shall have served two (2) years as a regular member of such appointive board, commission or committee, and shall have attended at least ninety percent (90%) of the meetings of such appointive board, commission or committee, which such member' was not otherwise excused from attending by the individual serving as the chairperson of such appointive board, commission or committee at such meeting or meetings. Section 13. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no'way affect the validity of the other provisions of this Resolution. Section 14~ All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15___=. immediately upon its adoption. The foregoing Resolution Councilmember ~, by Councilmember /~'gz~~ vote, the vote was as follows: This Resolution was shall' become effective moved for adoption by The motion was seconded and, upon being put to a Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Francis J. Oberbeck Councilmember Robert J. Freeland The Mayor thereupon declared this Resolution duly passed and adopted this ./~.~._ of ~~_~. _, 1994. by: ....~-- . __ v-.~ i~z. ~ /--/~9/~ ATTEST: Arthur L. ~irt'ion, Mayor KathryrfM. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clift°n'A'. McClelland]' ~. "' City Attorney City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~3 FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MlgETiNG WEDNESDAY, JANUARY 8, 1997 7:00 P.M. OR SOON TItEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASiTAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker ~-96-53) 1. CALL TO ORDER 3. 4. 5. PLEDGE OF ALLEGIANCE INVOCATION - Police Department Chaplain Frank Camilla AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (J~-96-53) PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIQNS CITY ATTQRNEY MATTERS 8. cI'rY MANAGER MATTERS 47-67 97.002 ~-~ 97.003 77-80 97.004 81-82 97.005 83-85 10. CONSENT AGENDA All items on the consent agenda are considered to be 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 separately. Approval of Minutes - 12/18/96 Special Meeting, 12/18/96 Regular Meeting Adopt Resolution No. R-97-02 - Council Meeting Procedures (City Clerk Transmittal 12/27/96, R-97-02) RESOLUTION NO. R-97-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R.96-53; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEAR]NO PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLLrrIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Annual Lease from G.E. Capital Modular Space - Airport Temporary Office Mobile Office Building - Authorize City Manager to Enter Lease and Annually Renew Lease as Long as Need Exists - $595 Setup and Delivery and $100 Per Month (City Manager Transmittal 12/31/96, Specifications) Approve Eddinger Wedding Reception at Community Center - 3/1/97 - 2 pm to 7 pm - A/B - DOB Verified - Security Paid (City Clerk Transmittal 12/27/96, Application) Sebastian River Area Chamber of Commerce - Health and Happiness Day at Community Center - 1/25/97 - 8 am to 4 pm - Request to Sell Hotdogs and Sodas (City Clerk Transmittal 1/3/97, Chamber Letter, R-94-50 Excerpt) PUBLIC llEARING Procedures for public hearings: (R-96-53) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution ° Staff Presentation · Public Input - Limit of 10 Minutes Per Speaker · Staff Summation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 1 I i 97.006/ 96.028 87-89 97.007/ 96.261 91-94 97.008/ 96.262 95-98 Continue Public Heating from 12/18/96 and Adopt Resolution No. 1t,-97-03 (Renumbere~l K-96-93 Approving the Evaluation and Appraisal Report fEAR3 Prepared bv Solin and Associates. Inc. - Authorize City_ Manager to Transmit Report to Denartmer~t o~f Community_ Affairs (Community_ Development Transmittal 1/2/97, R-97-03 [Report. DCA Comments and 40 Page Amendment Distributed on 12/18/9613 RESOLUTION NO. R-97-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Public Heating and Adoption - Ordinance No. 0-97-01 - Code Enforcement Boar~t Counsel (City_ Manager Transmittal 1/2/97. 0-97~01) ORDINANCE NO, 0-97-0l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-188 AND 2-189 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "LEGAL COUNSEL" AND "CITY ATTORNEY" RESPECTIVELY PROVIDING FOR REPRESENTATION OF CODE ENFORCEMENT BOARD BY CITY ATTORNEY; PROVIDING FOR PRESENTATION OF CASES TO CODE E2qFORCEMENT BOARD BY BUILDING DEPARTMENT REPRESENTATIVE OR LEGAL COUNSEL; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/18/96, Advertised Legal 12/26/96, Public Hearing 1/8/97) Public Hearing and Adoption - Ordinance No. O~.97-02 - Unlawful to Park Vehicles Advertised for Sale on Public Property_ (CiW Manager Transmittal 1/2/97, 0-97-.02) ORDINANCE NO. O-97-07~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 6-1 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "POSTING SIGNS" PROVIDING THAT IT IS UNLAWFUL TO PARK, STORE, OR LEAVE MOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY FOR THE PURPOSE OF ADVERTISING SAID VEHICLE FOR SALE; PROVIDING EXCEPTION; ESTABLISHING PRESUMPTION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/18/96, Advertised Legal 12/26/96, Public Heating 1/8/97) 11. COMMITTEE REPORTS/RECOMMENDATIONS 12. OLD BUSINESS 96.234 99-103 Clarification of 11/20/96 Council Action Re: Compensation to Golf Professionals (City Manager Transmittal 1/2/97, 11/20/96 Agenda Material) 13. NEW BUSINESS 97.009 105-144 Alan French - Appeal of Planning and Zoning Commission Action Re: Conditional Use Permit for Bar and Lounge at 920 U.S. Hwy 1 (Community Development Transmittal 1/2/97, StaffReport, 12./19/96 P & Z Minutes, LDC Sections, Request for Appeal) 97.010 145 Sheets 0-18 14. CR 512 Corridor Improvements - Phase II (Community Development Director Memo 1/2/97, Drawings 0-18) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 15. CITY COUNCIL MATTERS A. Vice Mayor Walter Barnes B. Mrs. Norma Damp C. Mr. Raymond Halloran D. Mr. Richard Taracka E. Mayor Louise Cartwri~t 16. ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. All meetings beginning at 7:00 p.m. shah adjourn at l O: 30 p. m. unless extended for one half hour by a majority vote of City Council) ANY PERSON WI-IO DECIDES TO APPEAL ANY DECtSION MADE BY THE CITY COUNCIL VilTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET1NG (OR HFARING) WIiJ, NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBAT1M RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD 1NCLUDES THE TEST1MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 FS.) 1N COMPLIANCE WITH THE AMERICANS WITH 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 131 ADVANCE OF THIS MEETING. 4 U~t~comin~ fi/[eetings: Special Meeting - Wednesday, January 15, 1997- 6pm (Quasi-Judicial Hearing) Workshop - Wednesday, January 15, 1997- Following Special (LDC Ordinances) Workshop - Wednesday, January 22, 1997- 6pm (Park Policy) Regular ~[eeting- Wednesday, Jarruary 22, 1997- 7pm City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, DECEMBER 18, 1997 - 6:00 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, SKBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 6:03 p.m. City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond HaHoran Mr. Richard Taracka StaffPresont: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting December 18, 1996 Page Two 96.258 OUASI-JUDICIAL PUBLIC ~EARING(S). FINAL ADOPTION Procedures are located on back of agenda Conduct Ouasi-Judicial Hearing on a Special Use Permit Application Submitted by Joe Graham for Special Use Permit (Boat Depot) to Operate Boat Sales Facility at 1021 U.S. 1 (Commercial General Zoning) - Adoption of Resolution No. R-96-92 (Community_ Development Transmittal 12/12/96, StaffReport_ R-96-92) RESOLUTION NO. R,96~92 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING THAT BOAT SALES IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. JOE GRAHAM FOR BOAT SALES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-92 by title only; Mayor Cartwright called the Special Meeting to order at 6:04 p.m. and the Director of Community Development gave the staff presentation, recommending approval. The Director of Community Development described the location of the subject property. Mr. Taracka asked if all boats will be displayed on one level and said adjacent property owners were pleased to see the site used. Mr. Hallorafi asked how boats would be tested. The Director of Community Development said a site plan will be submitted by Mr. Graham and that Mr. Graham is purchasing the Stevenson house which has river access. The Director of Community Development reiterated that Planning and Zoning and staff recommend approval in accordance with the staff report. Mayor Cartwright closed the quasi-judicial heating at 6:15 p.m. Special City Council Meeting December 18, 1996 Page Three 96.243/ B. 96.075 MOTION by Taracka/Halloran I make a motion to approve Resolution No. R-96-92. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye MOTION CARRIED 5-0 Conduct Quasi-Judicial Heating and Adoption of Resolution No. R-96-86 - Approval Minor Subdivision Known as Barber Street Dedication and Acceptance of Plat (Communiw Development Transmittal 12/12/96. Staff Report. R-96r86) RESOLUTION NO. R-96-86 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MINOR SUBDMSION KNOWN AS THE BARBER STREET DEDICATION; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PLAT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the quasi-judicial hearing at 6:16 p.m.; and the City Attorney read Resolution No. R-96-86 by title only. Nelson Hyatt indicated he did not wish to have anyone sworn. The Director of Community Development gave the staffpresentation and recommended approval. The City Manager, in response to Mrs. Damp, said aRer Indian River County has constructed the roadway there will be a simultaneous vacation of this right-of-way with a deed exchange for the property where the new road is going. Special City Council Meeting December 18, 1996 Page Three Nelson Hyatt briefly addressed City Council stating that after the exchange of property the vacated property may be used. The Director of Community reiterated his recommendation to approve. Mayor Cartwright closed the quasi-judicial heating at 6:23 p.m. MOTION by Bames/'raracka I move to approve Resolution R-96-86. ROLL CALL: Mrs. Damp - aye Mr. Hailoran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - aye MOTION CARRIED 5-0 Being no further business, Mayor Cartwright adjourned the Special Meeting at 6:25 p.m. Approved at the 1997, Regular City Council Meeting. Louise R. Cartwfight Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 2. 3. 4. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 18, 1996 CITY COUNCIL C~ERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225MAINSTREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Department Chaplain Frank Camillo. Ci~ Council Present: Mayor Louise Cartwfight Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City Attorney, Valerie Settles City Cleric, Kathryn O'Halloran Director of Community Development Bob Massarelli Public Works Director, Richard Votapka Chief of Police, Randy White Deputy City Clerk, Sally Maio Regular City Council Meeting December 18, 1996 Page Two 96.259 AGENDA MODI~CATIONS (ADDITIONS AND/OR DELETION~ Items not on the written agenda may be added only upon majority vote of the Council members present Mayor Cartwright recommended addition of an item regarding procedures for appointment of alternates to the Citizens Advisory Task Force. MOTION by Cartwright/Barnes I move to add item 13 E New Business to the agenda. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Canwright - aye Mr. Barnes - aye Mrs. Damp - nay MOTION CARRIED 4-1 (Damp - nay) PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Plaque - Employee of the Year 1996 The City Manager presented a plaque to Employee of the Year, John Pratt. Mayor Cartwright announced that MADD has requested all people drive with their lights on December 20, 1996 to commemorate those killed by drunk drivers; and announced a holiday show at Sebastian River High School this weekend. CITY ATTORNEY MATTERS The City Attorney said she had draRed an ordinance for the first meeting in January prohibiting auto repair for profit in residential districts. Regular City Council Meeting December 18, 1996 Page Three CITY MANAGER MATTERS The City Manager reported that the City had passed its review on administration and permitting procedures for the Federal Flood Plain Program; and reported on his attendance at the MPO meeting at which he learned that the Indian River Drive sidewalk construction had been pushed ahead to August of 1998. 96.260 96.028A CONSENT AGENDA All items on the consent agenda are considered to be 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 separately. A. Approval of Minutes - 12/11/96 Workshop, 12/11/96 Regular Bid Awards for Annual Material Contract for Coquina Shell Base Material to Blackhawk Quarry of Florida, Inc. - Annual Material Contract for General Fill to L.I. Tree Service - Annual Material Contract for Road Stabilization Material and Sand to Henry Fischer and Sons, Inc. (Public Works Transmittal 12/11/96, Bid Opening Form, Bid Review and Recommendation Forms, Blank Contract) Approve First Addendum to the Agreement with Solin and Associates, Inc. - Comprehensive Plan and Land Development Code Amendments (Community Development Transmittal 12/12/96, Agreement Addendum) The City Manager read the consent agenda. MOTION by Taracka/I-Ialloran I move to approve the consent agenda as read. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 Regular City Council Meeting December 18, 1996 Page Four 10. PUBLIC HEARING Procedures for public hearings: ~-96-53) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° Staff Presentation · Public Input - Limit of JO Minutes Per Speaker · Staff Summation ° Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, Podium and State His/Her Name for the Record Called go to the 96.112 Ao Conduct Public Hearing In Accordance with F.S. 197.3632 (3)(a) and Adopt Resolution No. R-96-90 - Electing to Use Uniform Method of Collecting N. on-Aclvalorem Specia~ll Assessments for Stormwater Management and Road Projects and Services (City_ Manager Transmittal 12/.12/96, R-96-90) RESOLUTION NO. R-96-90 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:10 p.m.; the City Attorney read Resolution No. R-96-90 by title; and the City Attorney gave a brief presentation. David Cox, 1740 Arch Ct., Sebastian; inquired about the method, to which the City Manager responded that this resolution provides the ability to utilize the method which would, if approved at a later hearing, equally assess improved and unimproved lots. Charles Stachel, 1698 Coral Reef Street, Sebastian, said he believed undeveloped lots do not affect drainage adversely. TAPE I - SIDE II (7:25 p.m.) Mr. Stachel continued. 4 Regular City Council Meeting December 18, 1996 Page Five 96.028B B. Herbert Sturm, 549 Saunders Street, Sebastian, said only vacant lot owners should pay for mowing of ditches and swales and that people in certain areas should not be penalized because of the City's failure to repair culverts in other areas. The City Manager said the process of assessment will take due diligence as it is developed. Mayor Cartwright closed the public heating at 7:34 p.m. MOTION by Damp/Barnes I move that we adopt Resolution R-96-90 which is to provide uniform method of collection of the non-advalorem assessments. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 Conduct Public Hearing and Adont Resolution No. R-96-93 Approving the Evaluation andAppraisal Report ~AR)Prepared by Solin and Associates. Inc. - Authorize CiW Manager to Transmit Report to Department of CommuniW Affairs (Community_ Development Transmittal 12/12/96. Report Under Separate Cover) RESOLUTION NO. R-96-93 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE CiTY OF SEBASTIAN; AUTHORIZING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PKOVIDING FOK SEVERABILITY; AND PKOVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:35 p.m. and the City Attorney read Resolution No. R-96-93. 5 Regular City Council Meeting December 18, 1996 Page Six The City Manager recommended the public hearing be continued until January 8, 1997 in light of revisions received. He distributed a report from Solin and Associates, Inc. received December 17, 1996 containing Department of Community Affairs ('DCA) comments (see attached). The Director of Community Development gave a brief presentation and concurred with the City Manager's recommendation. Les Solin, Solin and Associates, Inc. gave a brief overview of the Evaluation and Appraisal Report. His associate distributed 40 pages to each Council addressing EAR revisions requested by DCA, and Mr. Solin reviewed went over them. He concurred with postponing the hearing to give City Council time to review the revisions. MOTION by CartwfighffHalloran I move to continue this hearing until January 8, 1997. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 11. COMMrrTEE REPORTS/RECOMMENDATIONS None. Regular City Council Meeting December 18, 1996 Page Seven 12. OLD BUSINESS 96.032 A. Skydive Sebastian Driveway Request (City_ Manager Transmittal 12/12/96,. 11/13/96 Agenda Backup) The City Manager said he brought this item back to Council at the request of Mr. Grimwade due to his failure to inform Mr. Gfimwade that his item was on the November 13, 1996 agenda when it was acted upon, however, he maintained his original recommendation to deny the request. MOTION by Cartwright/Damp i move to rescind the Council action of November 13, 1996 in order to provide an opportunity to present information to us. ROLL CALL: Mrs. Damp - aye Mr. Hailoran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTIONCAR._R~D5-0 Andy Grimwade, Skydive Sebastian of South Florida, Inc. had previously submitted a letter of request (see attached) for an additional driveway funded by the City. TAPE H - SIDE I (8:12 p.m.) MOTION by Barnesrraracka I'II make a motion to reject the request for the additional driveway at Skydive Sebastian. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - nay MOTION CARRIED 4-1 (Damp - nay) 7 Regular City Council Meeting December 18, 1996 Page Eight 96.253 B. Approve Skvdiver Landing in Riverview Park Subject to Appropriate Certificate.of FAA Approval Pursuant to Section 105.15 FAR'sand Desitin aster Landing Area - Provide Direction to Ci~ Manager for Future Approvals (City_ Manager Transmittal 12/12/9_6. Part i~Q5 Air Traffic and General Operating Rules) The City Manager said FAA had informed him as long as the plane is over the Indian River and not over the congested area it has no objection nor requires a certificate. He asked for direction from Council as to how it wants to process this and future requests. Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the jump for safety reasons. Mayor Cartwright suggested these requests be handled administratively; said Council should set specific guidelines for activities in parks which can then be approved administratively. Vice Mayor Barnes agreed that requests for use of parks have to be better presented and that guidelines do need to be established. The City Manager said he had received some history on park use and various policies established over the years, and suggested a written policy be established. He noted there are certain policies in the Code of Ordinances. City Council discussion followed as to the need for guidelines and procedures, an end to micromanagement, the need for better communications by those requesting use, and letting staff handle details. o Ios I'd like to move to,approv~he City Manager's approval of the skydiver landing at the park for the celebration on December 20, 1996. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 Regular City Council Meeting December 18, 1996 Page Nine Mayor Cartwright requested that the City Manager and City Clerk distribute park use backup as soon as possible to allow Council to talk to the public and then to workshop park policy on January 22, 1997. There were no objections. Mayor Cartwright called recess at 8:34 p.m. and reconvened the meeting at 8:45 p.m. Al! members were present. 1:5. NEW BUSINESS 96.261 Ao Eirst Reading. Set Second Reading and PublioHearing for Ordinance No. O-97-01 on lanuarv 8L 1997 - Code Enforcement Board Counsel (City_ Manager Transmittal 12/12/96. O-97-0D ORDINANCE NO. O-97,01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-188 AND 2-189 OF THE CiTY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "LEGAL COUNSEL" AND "CITY ATTORNEY" RESPECTIVELY PROVIDING FOR REPRESENTATION OF CODE ENFORCEMENT BOARD BY CITY ATTORNEY; PROVIDING FOR PRESENTATION OF CASES TO CODE ENFORCEMENT BOARD BY BUILDING DEPARTMENT REPRESENTATIVE OR LEGAL COUNSEL; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-01 by title and the City Manager briefly explained its purpose. The City Attorney suggested amendment to the ordinance to change "City Council" to "City Manager" in regard to hiring outside counsel. City Council concurred. Herbert Sturm, 549 Saunders Street, Sebastian, asked if there was a conflict with the City Attorney reviewing his complaint filed against the Code Enforcement Board. The City Attorney responded there was not. MOTION by Halloran/Damp I move to accept Ordinance O-97-01 on the first reading and set second reading and public heating for January 8, 1997. 9 Regular City Council Meeting December 18, 1996 Page Ten ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka - aye - aye - aye - aye - aye MOTION CARRIED 5-0 96.262 First Reading Set Second Reading and Public Heating for Ordinance No. 0-97-02 for Ianuary 8. 1997- Unlawful to Park Vehicles Advertised for Sale on Public Property_ (City_ Manager Transrnittal 12/12/96. O-9..7..-02) ORDINANCE NO. 0-97-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 6-1 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "POSTING SIGNS" PKOVIDING THAT IT IS UNLAWFUL TO PARK, STORE, OR LEAVE MOTOK OR OTHEK VEHICLE ON PUBLIC PROPEKTY FOR THE PURPOSE OF ADVERTISING SAID VEHICLE FOK SALE; PKOVIDING EXCEPTION; ESTABLISHING PRESUMPTION; PROVIDING FOR REPEAL OF INCONSISTENT PKOViSIONS; PROVIDING FOK SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-02 by title and recommended a minor amendment to redefine vehicles "to include but not limited to trailers, motorcycles, boats, and other types ofwatercratt". MOTION by Barnes/Taracka I move to approve the first reading and set the second reading and public hearing for Ordinance 0-97-02 for January 8, 1997 including the amendments mentioned by the City Attorney. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwtight - aye MOTION CARRIED 5-0 10 Regular City Council Meeting December 18, 1996 Page Eleven 96.129 C. 96.130 D. Review Resolution No. R-96-53 - City_ Council Meeting Procedures (R-96-53) Mr. Halloran suggested amendment to Section 8 Paragraph C to define "new business" as "an item that has occurred or discovered within the previous six months". The City Attorney said this would not present a problem. Herbert Sturm, 549 Saunders Street, Sebastian, said he felt this issue was directed at him and asked why Council should ignore an issue when it has not been resolved. He said there is a freedom of speech right and if Council thinks it can ignore him, it may see him in court. Mayor Cartwright recommended that Section 2 be amended to allow the City Manager to add a quasi-judicial heating to a regular meeting agenda at his discretion when necessary. City Council concurred. Mayor Cartwright called to attention the provision that allows any member to call a point of order. She pointed out that Mrs. Damp had provided Vero Beach procedures as well as other cities. The City Attorney said the majority of governments establish procedures by ordinance. Mayor Cartwright said she preferred a resolution to allow easier change at this time. The City Attorney was directed to amend the resolution and bring it back to the next meeting. Review City Council Pending List ~is0 ~/ice Mayor Barnes: 96.136 -~. TAPE II - SIDE II (9:11 p.m.) Wave Street discussion continued. 11 Regular City Council Meeting December 18, 1996 Page Eleven 96.129 96.130 D. C. Review Resolution No. R-96-53 - City Council Meeting Procedures (R-96-53) Mr. Halloran suggested amendment to Section 8 Paragraph C to define "new business" as "an item that has occurred or discovered within the previous six months". The City Attorney said this would not present a problem. Herbert Sturm, 549 Saunders Street, Sebastian, said he felt this issue was directed at him and asked why Council should ignore an issue when it has not been resolved. He said there is a freedom of speech right and if Council thinks it can ignore him, it may see him in court. Mayor Cartwright recommended that Section 2 be amended to allow the City Manager to add a quasi-judicial hearing to a regular meeting agenda at his discretion when necessary. City Council concurred. Mayor Cartwright called to attention the provision that allows any member to call a point of order. She pointed out that Mrs. Damp had provided Vero Beach procedures as well as other cities. The City Attorney said the majority of governments establish procedures by ordinance. Mayor Cartwright said she preferred a resolution to allow easier change at this time. The City Attorney was directed to amend the resolution and bring it back to the next meeting. Review CiW Council Pending List .(List) Vice Mayor Barnes: 96.136 - Wave Street. TAPE II - SIDE II (9:11 p.m.) Wave Street discussion continued. 11 Regular City Council Meeting December 18, 1996 Page Twelve City Council concurred with proceeding to one-way Wave Street. 96.161 - ATV and oran_~ ~ove traffic. City Manager reported on letters to and discussions with Indian River County regarding a corridor study for alternative access. 96.179 - Barber. Street Sports Complex Drainage. City Manager said the survey work is done and the project is under design. 96.131 - City_ Council travel expenses. City Manager noted that an ordinance and resolution need to be brought back. 96.135 - Civilian review board. Following input fi.om Chief White and discussion the item was withdrawn fi.om pending. 96.191 - ~ Director of Community is reviewing Vero Beach and Indian River County ordinances. 96.059 - ~. Discussed tonight for workshop lanuary 22, 1997. 96.123 - ~ormer Utili~Buildin~. City Manager said he had received estimates to separate electrical service and close off common area and that the two groups need to resolve differences before anything can be brought to Council. 95.211 -Barber Street football field lights. City Manager said there is discussion of realigning the field, therefore, lights are currently on hold. 96.133 - Marina Purchase. Withdrawn. 12 Regular City Council Meeting December 18, 1996 Page Thirteen 96.190 - Parking ordinance. Director of Community Development said he will address at~er LDC amendments are completed. 96.132 - Board procedures. City Attorney said she is working on. 95.152 - ~ City Manager said this has been sent to the City Clerk's office for bid. E. Alternates for Citizen AdvisoW Task Force The City Manager read from Exhibit A of Resolution No. R-95-15 relative to appointment of Citizens Advisory Task Force members, noting there is no provision for alternates. Mayor Cartwright suggested that Council direct the City Manager to bring back a resolution allowing two alternates. Council concurred. 14. INTRODUCTION OF NEW BUSINESS .FROM TITE PUBLIC Which is not otherwise on the agenda- limit of ten minutes for each speaker Herbert Sturm, 549 Saunders Street, Sebastian, discussed the Civilian Review Board; said Mr. I-rill deserves an apology from Mrs. Winninger; suggested concrete rubble be placed in the Elkcam Waterway adjacent to the Winninger's; discussed other drainage problems in the City. Gary Nurek, 538 Drawdy Way, Sebastian, inquired about having to remove his ice cream trailer from Riverview Park. Mayor Cartwright said the Chamber had neglected to obtain approval for vendors for Winter Wonderland. TAPE II1 - SIDE I (10:00 p.m.) The City Manager read from Section 74-4 of the Code of Ordinances" prohibiting vehicles in city parks in other than paved areas or designated parking areas and perhaps Council could direct him to designate a parking area deemed to be safe from vehicular damage of trees or sprinkler systems. The City Attorney said the Council also has discretion in interpreting what is a vehicle. Mr. Taracka said he had a problem with the motor home in the park. Mayor Cartwright said Mr. Nurek should go back to the Chamber for approval and the City could work it out through the code. Mr. Barnes noted that the Chamber would have to first talk to the City Manager and the Mayor concurred. 13 Regular City Council Meeting December 18, 1996 Page Thirteen 15. Tut Connolly, 149 Kildare Drive, Sebastian, commended stafffor the City decorations, said the park looked beautiful, but suggested the City look into holiday decorations for U.S. 1 for next year. Sal Negiia, 461 Georgia Boulevard, Sebastian, said the Chamber of Commerce should admit they are conducting a fundraiser and not use the city employees as an excuse; said city employees were paid during work hours on Winter Wonderland rather than volunteering as the Press Journal indicated; suggested another organization take over the Winter Wonderland festivities; noted the Chamber had never requested vendors and advised that the parking prohibition be changed or complied with; objected to the trailer being parked on the south parking area; and recommended the Sembler slab be required to have a new site plan. CITY COUNCIL MATrERS A. Mayor Louise Cartwright Mayor Cattwright requested that statflook into holiday decorations for next year as soon as possible; recommended that street lights be installed at the Airport Drive West intersections, to which the City Manager responded he is proposing a lighted tenant sign; reported on the a trench that needs filling on Laconia at the construction of Winn-Dixie; and suggested that Sal Neglia volunteer to assist with Winter Wonderland next year. B. Vice Mayor Walter Barnes Vice Mayor Barnes commended people involved in recent Sebastian High School shows and events. C. Mrs~ Norma Damp_ None. D. MrL Ra~wnond Halloran None. 14 Regular City Council Meeting December 20, 1996 Page Fit~een E. Mr. Richard Taracka Mr. Taracka wished everyone a happy holiday and congratulated the Barnes on their 42nd Anniversary. 16. Being no further business, Mayor Cartwright adjourned the meeting at 10:25 p.m. Approved at the ,1997, Regular City Council Meeting. Louise R. Canwright Mayor Katlm]n M. O'Halloran, CMC/AAE City Clerk 15 City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 3'2958 TELEPHONE (561) 589-5330 ,-, FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-97-02 City Council Meeting Procedures AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: City_ Cl~rkle~ MEETING DATE: APPROVED FOR SUBMITTAL: EXItlBITS: Expenditure Required: I Amount Budgeted: R-97-02 IAppropriation Required: '!' SUMMARY STATEMENT The City Council, at its December 18, 1996 regular, directed the City Attorney to draft language to amend Council meeting procedures relative to definition of New Business from the Public and scheduling of quasi-judicial hearings. Resolution No. R-97~02 is presented in legislative format for adoption. RECOMMENDATION Adopt Resolution No. R-97-02. RESOLUTION NO. R-97-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-96-$3; ESTABLLqHING TffE DATE AND ~ FOR CITY COUNCIL M~ETINGS, WORKSHOPS AND QUASI-JUDICIAL I~F~ARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC H'EARING PROCEDURES (OTKER THAN QUASI-JIJDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, TI]I]gREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. crrY COUNCIL MEETING DATE AND TIME. City Council Workshops shall be held, when needed, on the second and fourth Wednesday of the month at 6:00 p.m. and should not exceed one hour in duration. Regular City Council meetings shall be held on the second and fourth Wednesdays of each month at 6:00 p.m., unless preceded by a workshop, in which case they will begin at 7:00 p.m. or soon thereat~er. Regular meetings which begin at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended by a majority vote of City Council members present. Regular meetings which begin at 7:00 p.m. shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during each Regular meeting and the motion shall be for a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless prior to adjournment items are placed on a special meeting agenda. ;~?,~7,]].Q.~_. SPECIAL MEETINGS FOR OUASI-4-UDICIAL HEARINGS. Quasi- judicial heatings shall be conducted at Special meetings on the first or third Wednesday of the month as needed. Spedal meetings called for quasi-judicial hearings shall begin at 6:00 p.m. Continuance of quasi-judicial heatings shall be in accordance with the ordinance governing quasi-judicial proceedings. The City_ Manager_ at his discretion, may schedule a quasi-judicial hearing for a re_tatar City_ Council meetine when necessary. ~ NO SUBSTANTIVE DECISIONS AT WORKSHOPS, At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. ~7.,~7~T. LOA~L~ ROBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. 2 SECTION 5, AGENDA SUBMTI'TAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 6. AGENDA MODIFICATION. City Council, by majority vote of members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN OUASI- · UDI~) BEFORE CITY COUNCIL, The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: I. Chairperson shall announce the opening of the public hearing. 2. City Attorney shall read the Ordinance or Resolution by title unless the City Charter. Code of Ordinances and/or Florida Statutes law requires more than the title be read. 3. Chairperson, if appropriate, shall announce the ground rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Public input. 6. City stafffinal comments and recommendation, if any. 7. Chairperson closes hearing unless h6aring continuation granted by the affirmative vote of three Council members. 3 B. Continuance of Public HearinE City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A Public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affamative vote of at least three Council members. the record. E. The good cause shall be stated on Failure to Follow Rules~ If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. ~ILO..l~. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. A. ~. Speaker sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council in the City Council Chambers one half hour prior to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30 prior to the meeting. Speakers at Council meetings shall be limited to individuals who have signed up to speak prior to commencement of the meeting, except as provided in Section 6. B. Public Input on Agenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Individuals shall have the opportunity to address City Council if they have signed the sign-up sheet prior to the commencement of the meeting with respect to an agenda item on a first-come, first heard basis. In addition, individuals shall have the opportunity to address City Council during a public heating held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. C. Introduction of New Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this para~aph_ is defined as an item that has occurred or was discovered within the previous six months. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall have the opportunity to address the City Council if they have signed the sign-up sheet prior to the commencement of the meeting on a first come first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business fi'om the public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet. D. No Publi¢Input at SpecialMeetings or_Workshops. No public input or Introduction of New Business from the Public shall be allowed at special meetings or workshops, other than a scheduled public hearing. Notwithstanding this, the City Council may allow public input at a special meeting or workshop. workshop and must be approved by a majority vote. E. proceedings, Such a detexmination shall be made at the beginning of the special meeting or Time Limit for Public Input. Individuals, who are not parties in quasi-judicial shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. F. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. G. Public Input Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. ~ VERBATIM TRANSCRrlvrS OF.CITY COUNCIl_, MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any 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, in accordance with 286.0105 Florida Statutes. The City Clerk's o~ce is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. ~ _C_O.,N_ELI..(~. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. ]g:96-53. 6 SECTION 11. EFFECHVE DATE. This Resolution shall take effect immediately upon its adoption, The foregoing Resolution was passed for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Counciimember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this ~ day of ,1997. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O~alloran, CMC/AAE City Clerk (s al) Approved as to Form and Content: Valerie F. Settles, City Attorney City of Sebastian i 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Airport Temporary Office) Building - Lease Approval ) ) ) Approval For Su~bmittal .B~: ) City ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: December 31, 1996 For Agenda Of: January 08, 1997 Exhibits: q) G.E. Capital Modular Space Specifications EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $1,795.00 BUDGETED: $2,500.00 REQUIRED: -0- SUMMARY As previously discussed in my memorandum dated July 31, 1996, there is a higher level of airport management visibility needed at the Sebastian Municipal Airport. Therefore, the Airport Supervisor needs an office for on-site management of the airport. This on-site office will also serve as a contact point for airport tenants. The modular' mobile office by "G.E. Capital Modular Space" out of Orlando, Florida and low bidder, is well suited for this purpose at an annual lease mount of $100.00 per month plus a one time charge of $595.00 for set up and delivery. RECOMMENDATION Move to approve the annual lease from G.E. Capital Modular Space and authorize the City Manager to enter into the lease on behalf of the City and to annually renew said lease as long as the need exists. DEC 19"9G 15:45 ~ HALUERN CREDIT DF. PT ~0 ~8 182~ TO 915~8955~ P.O~ GE Capital Modular Space REI'UFIN EQiJIPMENT TO (LESSOR): ORLANDO 931 TAFT VINELAND ORLANDO FL 3282.4 Telephone: 407-859-7925 Fax: 407--861.-E~11 GE CAPITAL MODULAR SPACE, & div~aion ~f Trana~ort In~on~ ~1. In~, a Petunia ~~ (h~tn~r C~ of Sebastian ~e Equipment will ~ I~ ~ SEBA~IAN FL 3~ Ai~o~ Cu~omer Con~ Ter~ Hill SB~AN Fee EI~gN~O I ~ Aep. r~m- -o.: s4936.9 eusl-o~ NO.: 236794 I i I I 1.4,ssee d~ here~y leaee said F_~lgipment from Lessor on th6 ~. J__ ~ 3 ~br. ~ ~ a ~um ped~ ~ rev~ Le~e may ~ntinuo to lease the Equipment deilgnazed herein e~r the ~plratlon date pursuant xo S~ion 4, reverse Wrl~n notfM ~ ~ i~ requlr~ ~ d~m prior to the mum of the Equipment. ~ eg~ ~o pay ~eor wltho~ demand and in a~anGe on the fi~ day of ee¢h month ~e Rental Charge (S~onl 6(b) and 6{c)) indited for the Equipml~ a8 follo~ 00=01 ONE~ CHARGES I DEUVERY ~ BUILDING DEUVERY~Qty; I at ~160.001 ,, , S'1.~]. 00 LLN. Sg'ALI-ATIO N ~ · BLOCK. LEV& & 31E DOWN (0q~' '1..a:q~q~5.00) .... 12~5~,,0~_ IRETUqN 0EIVERY BUILDING RETURN' (O~. 1 atAlS0.00) $11~. 0o r DISMANTUNG · I UNBLOCIP {Qty,: 1 a.t;70,00~ $70~00 ~ ~ Billed ii TMmir~fl~ Tol~ $5~5. 00 All units will be denned upon return of Equipment at Le~aee*s sole oo~t a~d expen&e. I.s~ ahell bi liable for any damegel to Equipment. Said O~her Charg'e, will be billed in advance with the Initial Rental Charge. ^pplloable ate ind lo~el sales and ute ~x-- and . other dlre~ ~xes (~on 2(0) mveme side) shall be due and payable to the Leesor by~e L~ when invol~. NI Charg~ due hereunder shall be mmiff~ to LlJlOr ~ add~M ~ indl~ upon Le~I Invol,. L~m~h chmrg~ apply for all no~u~ed keys. ' S~xup is fe~ andard ~pi~l onN. Ca~emer mu~ a~l~ 'if ~u.~ o~ ~e mquim~ mdd~onal bl~ng or other k~ms to meet xh~ir code. , · l~i~l, wat~ ed ~e~ supply. ~d conn~lons pmvid~ by oth~ ' ' L~uHjuyer mh~il b~ r~ponslbl~ for ~nd ~4r ~. co~ d obtaining 111 p~l~. I~n~, ~nd Intu~fl~ required. B~er~es~ .~11 be r. pon~ible to ~nm~ ~e I=l ~1~ prot~on ~ce at lea~ ~ houm pH~ ~o .tup. and ami mu~ ~ ma~. ~ No agent, emploV~ or representative of Leslor hat any a~hoH~ for any r~rMn~tion or wlrrln~ ~n~ing ~e Equipment leased pu~uant to ~e Ltlil thli is n; s~j~lly Inulud~ he.in. ~ ~l~gea th~ I~ IS not. in Jeasing the Equipme~ relying upon any ~n~, promise, or mp~n~on not Mt ~ in ~e ~eaM and wnm to all the te~s set fo~h ~heMin unlell ~hi~i. ~ fo.h in addenda aG~hed ther~o. ~s obJ;gatlonl un~r the ~ee shall not ~ eubje~ to any add~ionai proviiJon Inconei~ent ~h the ~w that m~ ~ ~ntelned in ~e ~'l Pu~ha~ O~er. IN ~E~ ~EOF. me p~N h~o h.i uW ~b X~= .~j~ ~ ~l ~m and ~nd~o~ hewn =~ forth on both aid~ of thte Agreement. :Signed by duly authorized agents Lease Commenee~nent= Month ~epted aAd Oel~. By; Name: daYof ,, :19 , . Day ~ Year Name CONDITIONS OF LEASE AGREEMENT undersland arid agree Ihal Lessee does eel acquire by Paymsnl el renlal as provided On Ihs reverse side of Ihis Lease any right. bile, or i,te~e.~l in or fo Ihs I:quipmeot. e~cepl the righl Io Possess and u',;e Ihs Eq~,'ipmenl so long as Lessee shall Oat be 2 In afJdd~n IO ihs Payment el renlals provided on Ihs reverse side el Ibis Lease. Lessee agrees Ihal; (ar Lessee shall pay Lessor Io[ any end all sales and ese olher laxing aulhodly and alloceled by Lessor on eilher an inrfivldoal Or p~oratad basis /or any unit{s) el Eq~rtpmeol based shall sun/ire Ihs lerminalion et Ihls Lease. {b) Lessee will pay all cosls and expenses {including altOmey fees where racoveq/of same is eel proh~biled by law) incurred by Le'~sOr in enforcing any of Ihs lerms, pmvislons, 3 ~essee agrees, a Lessee's sole cosl and expense, Io keep Ihs ~qmpmenl al all limes during Ihs le~m el Ihis Lease in good mp~ an~ operaling condilion and ires el any sod all liens and e~c~m~raoces and Io ~eplace wilh new pads any and afl badly wdl relum {he Equipmenl Io Lessor al Lessor~s designaled a~d~esS, al ~see's sole cosl and e~pense, in ihs s~me UohvifhslRnding Ihs ~ecelpl el ihs Equipmenl Lessors Iocnhe~ as in,foaled under "Dale In' on ~,,Je el Ibis Lease. Equipmenl felurned with accessories. of any kind o~ r~quiring ~esloralion I~ original specd~allons and Equ~pmenl c~ndilion due Io all~ralions or m~licalions I~ i_~s~qe h~s inspecled Ihs Equipmenl and determined thai ~1 is ~cc~plahle lo Lessee. Lessor has eel made. ~ad shall amount Of coverage, wilh prom,urns prepaid, prolecling Lessor againsl all loss and damages il may sustain or sldler due to (I) Ihs loss Of or damage Io Ihs FCluipmenl becel, isa of Coihsion. fire. Ihell, lighlning, flood, wJndslorm, explosion or any olher caSUally, for Ihs full replacemenl vales el Ihs Equipment. ~nd (2) Ihs deelh ol. Inju~ lo. or damage io Ihs pmpe~ y o~. any olher person as a result, in ~l~le o~ In pa~L el Ihs use or condilion Ihs Equlpmenl while ~n Ihs cuslody, possession, or conhol Lessee wilh limtls of Jive hundred ihousand dollars($5~.O~) par ~cu~rence as Io ~dily inju~ liabllily and live hondmd Ihousand dollat~ ($5~.~) per occurrence as Io p~opedy damage liabilily or a combined sklgle llmil of one million ($1,~,0~) per ~cur[e~e. A cerldlcale of each insmance, naming Lessor as sole Addilio~al Insured aud Loss Payee. shall be delivered Io Lessor prior 1o dellve~ Io Eessee of Ihs ~qulpmenl. II is agreed and underslo~ lhal PrOcurement of msmance by Lesse~ aa he~ein Provided shall eel affecl covenanls, obligalions, and indemnaies under Ibis Lease, and Ihs loss. damage Io, eL de~huction of any of rite Equipmenl shall eel lefmlnale Ihi~ Lease nor, excepl Io Ihs e~lenl Ihal Lesso~ aclu~lly compensated by insulate paid for by Lessee. reheve Lessee of a~ el Lessee's ltabifify he~eunder. (dr II i~ ludhef ~nd~[slo~ and agree~ Ihal. In addilion comp~ehensi~d ~dily inju~ ~nd properly damage specilied Seclion 5(c). Lessee agrees Io provide comprehensive general liabilily insurers including coverage lot Ihs indemnihes Conlained herein. (er If Lessee ~ccepls ihs 'Comprehensive WaiveF by iniliafing Ihs Upper ~ighl corner el Ihs mve~se side et Ihis Lease and pay~ Ihs addillonal lee specilled Iherein. Ihen Lessor agrees Io relieve Lessee of all liabilily e~ceedlng $5~ per unil Equipmeol for loss o~ damage specified In Seclion 5{ar e~cepl thai t.essee shall eel be relieved of liabilily d Lessee vlolales any olhef provisions el Ihis Lease. No collision coverage shall be provided lot unde~ 111o Comprehensive Waiver. ti) II ~essee accepl~ Ihs 'Liabilily Waiver' by inilialing Ihs upper dghl comer el Ihs reverse side el Ibis Lease an~ p~ys Ihs addillonnl fee apectliod Ihefein, Iheo Les~or ~gmes io limil Lessee's obligalion up.-Io a maximum combined amounl of $15o.000 pa~ ~cu[rence Io~ dealh, bodily inju~ o~ propedy dam~g~ specified in S~chon 5(hr ~uI)~ocl lea $5,0~ deduchble per claim excepl Ihal Lessee ~hall eel be relieved of ltabihly agrees Io indemnily Les~nr and hold Lessor harmless from and ~xcess el Ihs llmilalion slaled tn this Sechon 5(I). The Liabddy Waiver Provision sol iorlh In Ibis 'Seclion 5~lJ apphea only Io Equlpmenl leased by Lessor to Lessee and does eel exlend any aPpud~na~e or allachm~nls, i~luding S eps 9. Lessee shall have responsib Iv. et Lessee's sole cost, Io oblaln any and ell licenses, rilles, permils a,d any olher lawful operalion, possession or occ~pancy el Ihs Eqmpmant leased hereunder, Lessee agrees Ihal all ceHihcaleS of lille of regisbalion applicable to fha Equipmenl leased hereunder shall reflecl Lessors ownership thereof, I0. Lessor shall have the rlghl Io place upon each uoll et Equipmenl leased hereunder Ihs name of the Lessor, and person Io do so. specified by Lessee wilhoul prior wriUen appt~val hem Ihs Lessor and shall notily Lessor i~medlalely el any levy or seizure Ihereof and shall Indemnify and hold Lessor ha,aloes from and against any loss or damage restrlting Iherahom Lessor shall have Ihs nght to inspect the Eqmpmenl from I n.~ io hmo during Ihs lerm et Ibis Lease and if Lessor behoves lira same Io be oeglected, Lessor may summarily remove and repossess Ihs Equlpmerd upo~t five days prior wdlten oolite to Lessee 12. la Ihs evenl any ecl o~ obligallon req~,fed of Lessee or limes raqoired by this Lasso. Lessee shall Ihereby be and become in deleult under Ihts Lease. Ihereby v'~Rt ng in Lessor Ihs Ughl upon live rS) days prior wrillen nolice ia L asses: (ar Io declare unpaid lease renlals Io he d,~e nnd Payable fodhwdh. (hr Io relake sod raisin Ihs Equipmenl free (ri all rlghls of Lessee wdhoul any ludher llabihly or ohhgalion Io redeliver Ihs same Io Lessee and wtlhoui Io any exlent, releasing Lessee horn Lessee's ¢ovenanls. obligations and indenm~hes provided he a rnder, including but not limited Io Lessee's ohh( alton lot Ihs PAyment el ihs ~'enlal provided herein, end (c) In addilion lo Ihs remedies Set fodh Il'..c:;eclions 12(ar and 12(b). lake any olher aclioos permilted al law ,31 in equily, Irt the evenl Lessor shall relake POSs(!s~on of Ihs Equipmenl or any peri thereof and there shall, al Ihs lime ol Equ~pmenl any olher properly, goc-~Js or things nl v,~loe owned I DEC 1919~ 15:44 FR ICqLUERN CREDIT DEPT ~10 408 1824 TO 9156158955V0 P.02 Capi alModular pace Your Company h~ 2 oPtions ~l~e r~d t~ d0cum~t ~y). GE Capi~ Modul~ Space w~ w~e o~ ~su~ce ~qu/remen~ by offe~ to ou ou ~ MOD~ SPACE w~er w~-~ --~ ..... g Y r GE C~iT~ /o~_ ~ ~ .... ~ u~ r=~es yoH ~ ~e ~H~Ce ob~ fiO~s show o ~---~ ~ mr a puce based on your m~-~- ~.a~,__ .:. _., _ .. ~ n n ~e [~e i FOR L~iLITY co--GE IS 75 /da ' ' -- . y/u~t ~ F?R CO~~s~ D~GE CO~GE IS ~95 /~y/~it m~y c~, th~e wa~er f~ are l~s ~pens~e ~ w~t most ~ur~ce co ' ~ ~su~ce cove~ e, ~ w ' · - . mpam~ ~e for add~ g ~er ~ b~ ~ong wl~ your mon~ i~e ~a~ ~ on ~e ~ame ~voie~ I _YES, I want to take advnntnge of the GE. Capital Modular Space wa/ver;, please bill me for the quoted rate which,will appear on my monthly invoice. you. sh.oy~d.choose__Option # 1, pl~se fax this form to Arturo Sanehez'$ attention at 800-408-2SS8, Any quesuons. ~'tense call Arturo Sanchez at 800-52.%7918 x 5~13. OPTION # 2 $5o0,000 for pe~onal injury $500,000 property damage GE CAPITAL MODULAR. SPACE ~as "ADDITiONAL INSURED" C~MP~Ht~N$IF~, "ALL RISK" coverage ~o iuclude =ALL LEASED UNITS" $500 max/mum d~iuctible GE CAPITAL MODULAR SPACE ~ as '~LOS$ PAYEE" CANC~:rr.t lYON ~0 days whiten not/ce LEASE #_~_~9369 INSURANCE VALUATION __$9,500 MODEL//~GE824 (or .Yo~.Age. n .~Inmmnee Provider) will be r~quired to supply a hard copy Of ~'cert~cat · , mtormauon~stedabovetotheGEC~rrat x~rxrvr'~, er. ...... eof insurance wi~h all of~e ~o Lue omlalag aeHve~ ~te i ~l .... ~_ .. ....... ~ .. ~ ..~ ~r ~,.,.v ual. ~fi~te of i~urance ~ follow ' p.o,m= ta~ ~me ~n telephone num~r of my i~nce ~ent ~th a If you should choose Option # 2, please r.. this form, providing the required information shown below, to Arturo Sanchez's attention at 800-408-2558.. Then, fnx thh form to your Agent/Insurance Prov/der for their use of the information located in the box above. INSURANCE COMi>ANy _MAIL CERTIFICATES TO: GE CAPITAL MODULA&~PACE 931 TAFT VINEL~ ROAD ORLANDO, FL 32824 AGENT NAME PHONE NO.: FAX C, ERTII~.ICA2-ES TO: (4073 851-5~1 DEC 19"96 15:45 GE ~apifal ~odul~r Spac~ FR MALUERN CREDIT DF_PT 610 408 1824 TO 9156158955~0 P.O3 II GS-824 Mobile Office - 8'x20' building size; 8'x24' overall (w/towing hitch) - 160 square feet of interior floor space - ag-electric heat & air condition/rig - 50 lbs. per square foot allowable floor load - ideal workspace capacity: 11-3 people I TOWING "DOUBLE' HITCH DE-~KTOP PLAN 2-DRAWER TABLE FILE CABINET (beneath daslctop) OVERHEAD BOOKSHELF HEATING/~OO UNG UNIT STANDARD FEATURES I/4" w6o~grain-ganclled walls 2-1/2' R-7 wall imul~oa One 36~x80" eatedet c~or, I-1/4" ~ exttmai tie-do,aa 3-I,2' R-II ceUjag Lasulatica - Building requires ]O0-arnp, $ingle-phaze electrical $~rvice - Some features may be altered in sorn~' buildings, to sati. cfy previous custom, er needs City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA FORM SUBJECT: RENTAL OF COMMUNITY CENTER FOR FOR A WEDDING RECEPTION ] ] ] ] ] ] ] AGENDA NO. Dept. Origin : Date Submitted: APPROVED FOR SUBMITTAL BY: ] ] ForAgenda of: ] City Manager:/~ c~]. ~,,~x~]._Exhibits: City Clerk/x_.~'. 0' JANUARY 8, 1997 Application dated 12J4/96 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY.STATEMENT The City has received an application from Susan Eddinger requesting permission to rent the Community Center for a wedding reception on March 1, 1997 from 2:00 p.m. to 7:00 p.m.. The Security Deposit was paid 12/4/96. She is also requesting the use of alcohol at this event. Proof of age has been given. RECOMMENDED ACTIQN Move to approve the request. I CITY OF SEBASTIAN RENTAL PERMIT APPLICATION I Will there he cm cdrnis~-~n cr door c.h~'rje? ~2 cn Mcke Cnec~ ~ie to: ~ OF S~ "SPE~ N~ A se~c~ [~ cf 5% or ~0.~Q (w~ch~er is ~ter} m~ he ch~ed far ~y ~cncmd check per ~cdda State Slmte 166.25 I. I 0 ,N L "r' ;<ay ~emm Dine I SUBJECT: Sebastian River Area Chamber of Commerce City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 CITY COUNCrL AGENDA TRANSMITTAL AGENDA NO: DEPT. ORIGIN: DATE SURM]TTED: APPROVED FOR SUBMITTAL: Ex~iture Required: MEETING DATE: EX//IBITS: Am~Budgeted: Chamber Letter R-94-50 Excerpt Appropriation Required: SUMMARY STATEMENT The Sebastian River Area Chamber of Commerce is conducting a Health and Happiness Day at the Community Center on Saturday, January 25, 1997 from 8 am to 4 pm. They wish to sell hotdogs and soda as part of the fianction. Resolution No. R-94-50 which establishes rules for use of'the Yacht Club and Community Center, requires City Council approval for admission or other fees imposed. Page two ofR-94-50 is attached. RECOM34ENDATION Approve the request of the Chamber of Commerce to sell hotdogs and sodas at the Health and Happiness Day. I THE I CHAMBER OF CC) MME~C~ I I ~nu~ry 2, 1997 I Kay O'Halloran I City Clerk City of Sebastian 1225 Main St. Sebastian, FL 32958 RE: Sebastian River Area Chamber of Commerce Health and Happiness Day. Dear Kay: The Sebastian River Area Chamber of Commerce would like to sell Hot Dogs and Sodas at the Community Center for our Health and Happiness Day that is scheduled for January 25, 1997 from 8:00Am to 4:00PM. We would like the City Council to approve this request at the next Council meeting. Sincerely, ~~ Carleen A. Allen Administrative Assistant for: Daisy Knowtes, Chairperson for Health and Happiness Day U.S. -'1 · S,?ASTI,~N. FLORIDA .32958 B. The City Clerk shall issue a use permit upon determination that the requested use is permissible pursuant to this Resolution and all fees have been paid. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by the City Council. C. A use permit 'for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit. i m. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. . E. The serving of food and/or use of kitchen facilities is prohibited unless specifically authorized in the use permit. F. The applicant shall disclose to the City Clerk the nature of the proposed activity and the anticipated need for extra work by City personnel. In the event, the City Clerk determines that the permittee will cause extra work by City personnel as a result of the proposed use, an additional fee shall be Charged in order to fully recoup such cost. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407) 589-5570 SUBJECT: Acceptance of the 1996 Evaluation and Appraisal Report and authorization to transmit the report to the Florida Department of Community Affairs. Approval for Submittal By: City Manager ~~. ~,~ ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. Date Submitted: For agenda Of: Exhibits: 1. !/2/96 ,,,1/8j96 Resolution R-97-3 EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Each city is required by law to assess the effectiveness of their comprehensive plan once every five years. During the past year, the City's consultant, Solin and Associates, Inc., has been working with the staff and the Local Planning Agency (the Planning and Zoning Commission) on preparing the 1996 Evaluation and Appraisal Report (EAR).' The Local Planning Agency has held a series of public hearings on the document and recommends acceptance of the EAR and its transmittal to the Florida Department of Community Affairs. The City Council continued this matter at the December 18, 1996 meeting to the January 8, 1996 meeting. Copies of the EAR and amendments proposed by Solin and Associates, Inc. have been previously distributed. RECOMMENDED ACTION Hold a public hearing and approve of Resolution R-97-3. RESOLUTION NO. R-97-3 A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING TItE 1996 EVALUATION AND APPRAISAL REPORT OF TltE CITY OF SEBASTIAN; AUTHORIZING TIlE TRANSMITTAL TO TIlE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTiONS OR PARTS OF RESOLUTiONS IN CONFLICT HE~WITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is required to prepare and transmit an Evaluation and Appraisal Report (EAR) to the Florida Department of Community Affairs by January 1, 1997; and WHEREAS, Solin and Associates has prepared the 1996 EAR of the City of Sebastian; and WHEREAS, the Local Planning Agency has held a series of public hearings on the EAR; and WHEREAS, the Local Planning Agency has recommended approval of the EAR; and, WHEREAS, the City Council of the City of Sebastian has held a public hearing on the EAR, NOW, TitEREFORE, BE IT RESOLVED BY TItE CITY COUNCIL OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. ACCEPTANCE. The 1996 EAR of the City of Sebastian as prepared by the consulting firm of Solin and Associates, Inc. and recommended for acceptance by the Local Planning Agency at is October 17, 1996, is hereby accepted. Section 2. TRANSMITTAL. The City Manager is hereby authorized to transmit the 1996 EAR to the Florida Department of Community Affairs, as required by Florida Statue. Section 3. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 4. SEVERABII,ITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. upon fmai passage. EFFECTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka day of~ The Mayor thereupon declared this Resolution duly passed and adopted this ..._, 1996. CITY OF SEBASIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAl, SUBJECT: Public Hearing, Second Reading, and Adoption of Ordinance 0-97-01, Amending Section 2-188 and 2-189 Entitled "Legal Counsel" and "City Attorney" representation of Code Enforcement Board. Approval For Submittal By: City Ma n a ge r ~,,~' c~]. ~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO Dept. Origin: City Manager Date Submitted: 01/02/97 For Agenda Of: 01/08/97 Exhibits: ~) Proposed Ordinance O-97-01 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY As amended by the City Council at their December 18, 1996 meeting, attached is Ordinance No. 0-97-01 mending Sections 2-188 and 2-189 of the City of Sebastian Code of Ordinances Entitled "Legal Counsel" and "City Attorney" respectively providing for representation of Code Enforcement Board by City Attorney. RECOMg, IENDATION Hold public hearing, second reading and final adoption of Ordinance No. 0-97-01. ORDIN~CE NO. 0-97-0~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 2-188 ~ND 2-189 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "LEGAL COUNSEL" AND "CITY ATTORNEY" RESPECTIVELY PROVIDING FOR REPRESENTATION OF CODE ENFORCEMENT BOARD BY CITY ATTORNEY; PROVIDING FOR PRESENTATION OF CASES TO CODE ENFORCEMENT BOARD BY BUILDING DEPARTMENT REPRESENTATIVE OR LEGAL COUNSEL; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.05 Florida Statutes provides that the local governing board attorney shall either be counsel to the code enforcement board or represent the municipality by presenting cases before the code enforcement board; and WHEREAS, the City council of the City of Sebastian, Florida ("City"), desires to have the local governing board attorney represent the code enforcement board. NOW, THEREFORE, BE IT ORDAINED BY the city Council of the City of Sebastian, Florida, as follows: Section 1: Section 2-188 of the Code relating Legal Counsel is hereby amended as follows: Sec. 2-188. Legal Counsel. The city Attorney shall represent and be counsel to the board and attend all meetings. Section 2: Section 2-189 of the Code is hereby amended as follows: Sec.2-189. Presentation of Cases. A representative of the city building department shall present cases before the board. The city Manager may, upon recommendation of the Building official retain a member of the Florida Bar to present cases before the board. Section 3: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section $: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Councilmember Councilmember vote, the vote was as follows: Ordinance was moved for adoption by . The motion was seconded by and, upon being put into a Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA By: LOuise R. Cartwright, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Public Hearing, Second ) Reading, and Adoption of Ordinance ) 0-97-02, Amending Section 6-1 of the ) Code of Ordinances making it unlawful) to park vehicles advertised for sale on ) public property. ) ) Approval For Submittal By: ) ) ) AGENDA NO Dept. Origin: City Manager Date Submitted: 01/02/97 For Agenda Of: 01/08/97 Exhibits: (i2) Proposed Ordinance O-97-02 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUM3{ARY As amended by the City Council at their December 18, 1996 meeting, attached is Ordinance No. 0-97-02 amending Section 6-1 of the Code of Ordinances, making it unlawful to park vehicles for sale on public property. RECOMMENDATION Hold public hearing, second reading and final adoption of Ordinance No. 0-97-02. ORDINANCE NO. 0-97-02 AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 6-1 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "POSTING SIGNS" PROVIDING THAT iT IS UNLAWFUL TO PARK, STORE, OR LEAVE MOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY FOR THE PURPOSE OF ~DVERTISING SAID VEHICLE FOR SALE; PROVIDING EXCEPTION; ESTABLISHING PRESUMPTION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has expressed concern that a number of vehicles are placed in City parking and public area for the purpose of offering said vehicle for sale, thereby depriving citizens of parking; and WHEREAS, the City Council desires to outlaw this activity, so that the citizens of Sebastian will have adequate parking available to them within the City. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: Section 6-1 of the Code relating to the posting of signs is hereby amended as follows: Sec. 6-1 Posting signs, etc;, to poles, etc; advertising vehicles for sale on public property. c) It shall be unlawful for any person to park, store, or leave any motor or other vehicle on public property in the city, for the purpose of advertising that said vehicle is being offered for sale, unless it is in connection with a purpose or business enterprise lawfully situated and licensed. For purposes of this section, it shall be presumed that a vehicle is being offered for sale if a sign or other written advertisement is prominently displayed thereon. For purposes of this section, the term "Vehicle" shall include, but shall not be limited to trailers, motorcycles, boats and all other types of water craft. Section 3: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 5: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember . Councilmember vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The motion was seconded by and, upon being put into a The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of , 1996. CITY OF SEBASTIAN, FLORIDA Louise R. Cartwright, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles city Attorney City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Clarification of Council ) Action Regarding Council's Action on ) November 20, 1996 for Compensation ) to Golf Professionals at Golf Course ) Approval For Submittal By: City Manager/f~tg~. ~ AGENDA NO Dept. Origin: City Manager Date Submitted: 01/02/97 For Agenda Of.' 01/08/97 Exhibits: Material submitted for the November 20, 1996 City Council Meeting E~ENDITURE AMOUNT APPROPRIATION REQUIRED: $1,107 BUDGETED: $0 REQUIRED: Yes SUMMARY On November 20, 1996, I presented a matter to the Council regarding incentive pay for the golf professionals at the municipal golf course. The action of the council was to approve an incentive pay that would allow the professional to receive 45% of the fees and the City to receive 55%. As part of the original submittal, I had indicated that Mr. Greg Gardner had been told as he was being interviewed and hired that he was told that he would receive a bonus for lessons. FT'hm~n;Cet; enp 0 fa~tmthe~Ct~a tun~i}~:i~l'svea; fitho ant a; ;rttoe;e~ ~hthe ;e trf-Uo a ~cet ~ vbe; 2ty t~; a~0 ~v~r1. eG~a~t~ It was certainly my intent when this matter was brought before the Council to include the retroactive payment. My review of the record certainly leaves this matter unclear and needs to be resolved. If approved by the Council, 45% of $2,460 would equate to $1,107. RECOMMENDATION Recommend the approval of the retroactive payment to Mr. Greg Gardner as reflected ia the itemization which was attached to the November 20th agenda package for the time period of October 24, 1995 through August 28, 1996. City of Sebastian 122.5 MAIN STREET g SEBASTIAN, FLORIDA a2gSa TELEPHONE (407) 5fl9-5330 u FAX (407) 589-~570 Subject: Compensation to golf professionals for golf lessons given at Sebastian Munldpal Golf Course Approved for Submittal by: City Manager Expenditure Required: W'fll [ Amount Budgeted: $0 vary with number of lessons I Agenda No. Department Origin: City Manager Date Submitted: November 14, 1996 For Agenda of November 20, 1996 Exhibits: ~ Compilation of Hours worked within a year's time for G-rag Gardner, ~ Compilation of lesson revenue generated by Cn'eg Gardner Additional Appropriation Required: Yes SUbIMARY At the October 18, 1995 City Council meeting, I brought up a matter regarding golf lessons at the. SebastianMunidpal C~IfCourse. Spe~Jz~cally, tkis matter concerned the providing of lessons by the two City employees at the course. These positions are the Head Golf Professional and the Apprentice Golf Professional. Both of the individuals were apparently told that they would receive some type of bonus for any golf lessons given. Currently there is no policy that would allow this type of reimbursement. As an example of activity by the Head Golf Professional, Mr. Grog Gardner, he has worked a total of 2550 hours in the last year. That is 470 hours more than more than would be used if he had only worked a 40 hour week every week for a year. Predicated just on his hourly rate those 470 hours of time for which he was not reimbursed would be worth more than $4,500. Taus the total value of time and lessons is worth over $7,000 to the City through the golf course. The apprentice golf professional makes $6.59 per hour. His job duties normally do not allow him the flexibility to provide as many lessons as the head golf professional, but he does provide these on a much lower earning rate. As I explained to the Council, there would be some advantages to allowing some sharing of the golf lesson proceeds with both apprentice and head golf professional. This would be an incentive to teach more lessons. More people taught most likely will result in more play and expenditure at the course increasing the cash performance of' the course. This would also be a small incentive for the golf professionals to remain at the golf' course for a longer terra The proposal I would file to offer for the Council's consideration is to allow a 50/50 sharing between the two professionals and the City of the proceeds for lessons given by the two professionals. The amount to be paid to each profe~'ional would be only one half of the lesson fe~ collected less the cost of salary and matching costs (federal income tax and social security including any that has to be paid by the City as matching costs). This would only slightly reduce the current cash collections for lessons and may in the longer term actually increase the cash flow. As a ~ matter, Mr. Cramder was told at the time he was hired that he would be paid some bonus for lessons given. I would suggest that he be paid an amount based on the formula as explained in the preceding paragraph. RECOMMENDED ACTION Move to approve the City Manager's recommendation that both the Apprentice and Head Golf Professionals at the Sebastian Munidpal Golf Course be compensated for lessons each individual gives and for which the Golf'Course recdves payment. Such compensation shall be additional pay based on the individual recdving one half oflesson fee less all appropriate taxe~ and sodal security payments either due from the employee or payable as matching cost by the City, i I I GREG GARDNER LESSONS IDATE IAMOUNT I 10/24/95 50.00 10126/95 25.00 10134195 25.00 11/03195 25.00 11/10/95 25.00 11/16195 25.00 11122./95 25.00 11/24195 25.00 11127/95 25.00 01/05/96 25.00 01/19/96 25.00 01124/96 25.00 01125~96 25.00 01126196 25.00 01/30196 60.00 02/01/96 25.00 02/02/96 35.00 02/08/96 25.00 02J10/96 25.00 02/11196 50.00 02/19/96 35.00 02/20/96 50.00 02/21196 240.00 02/28/96 60.00 02/29196 50.00 03/06196 85.00 03/15/96 60.00 03/19~96 35.00 03/20/96 50.00 03/22./96 25.00 03/27/96 35.00 04/04/96 25.00 04106/96 25.00 04/09196 60.00 04/10/96 120.00 04/11196 60.00 04/12/96 35.00 04116t96 25.00 04124196 25.00 05131196 50.00 06/02/cj6 25.00 06/06/96 150.00 07103/96 25.00 07/10/96 25.00 07/13196 35.00 07/16t96 25.00 07/28196 35.00 08105196 240.00 08108196 35.00 08/10196 25.00 35.00 25.00 _ 35.00 2460.00 City of Sebastian 1225 MAIN STREET r-J SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407} 589-5570 SUBJE CT: Appeal of Planning and ) Zoning Commission action re: ) conditional use permit for a bar and ) lounge at 920 U.S. Hwy. I Approval for Submittal By: ) ) ) ) City Manager ./._~_ ~2.~, ~). ~~~- ~ ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. (RM~ Date Submitted: 1/2/97 For agenda Of: 1_/.8/97 Exhibits: 1. 2. 3. 4. Staff Report Minutes of 12/19/96 P&Z meeting Relevant sections of land development code Request for appeal EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On December 19, 1996, the Planning and Zoning Commission approved a request for a conditional use permit for a bar and lounge to be'located at 920 U.S. Hwy. 1. A copy of the staff report and the draft minutes for that meeting are attached. On December 26, 1996, the City received a request from Mr. Alan French for a review of the Planning and Zoning Commission action by the City Council. The requested review is proper and was filed in a timely fashion. A copy of the request is attached. The appeal is based on the interpretation of the code. One of the conditions for a bar and lounge conditional use is that the site not be located closer than 100 feet to any residential district, place of worship, or public or private school. As stated in the staff report, the application meets this requirement. This is based on the opinion of the staff and the Planning and Zoning Commission that the adjacent COR zoning district is a "commercial" rather than "residential" zoning district. Mr. French states in his letter that the conditional use is conditioned upon "any residential district" and that the COR zoning district is "COR - Commercial, Office and Residential District". Therefor, the staff's recommendation and the action of the Planning and Zoning Commission are in error. The City Council review of this matter is based on the record. No additional testimony is allowed. RECOMMENDED ACTION Review the action of the Planning and Zoning Commission on the issuance of a conditional use permit for a bar and lounge at 920 U.S. Hwy. 1. 6. 7. 8. Community Development Department Conditional Use Permit Application - Staff Report Project Name: Requested Action: Project Location Project Owner: Piper pub style restaurant Approval of a conditional use permit for a bar and lounge at 920 U.S. Hwy. 1. Address: 920 U.S. Hwy. 1 Legal: Indian River County Parcel Number: Steve Philipson 92O U.S. Hwy. 1 Sebastian, FL 32958 Project Agent: Project Engineer: Project Attorney: Project Description a. Narrative of proposed action: Mr. Edward Piper is proposing to operate a pub style restaurant at 920 U.S. HWY. 1. This is the location of the old Tastee O Donuts shop. The property is owned by Mr. Philipson. Mr. Piper is proposing to serve food, beer and wine. Prepared foods will be for on site consumption and carry out. Beer and wine.will be for on site consumption only. b. Current Zoning: CG Adjacent Properties Zoninq Current Land Use Future Land Use North: East: South: West: d= CG COR CG CG commercial residential commercial commercial Site Characteristics (1) Total Acreage: .91 acres CG COR CG CG (2) Current Land Use(s): (3) Soil: (4) Vegetation: commercial Immokalee-Urban land complex urban (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency zone X Indian River County Utilities Indian River County Utilities 900 ft. south - Riverview Park a. Future Land Use: b. Traffic Circulation: c. Housing: consistent consistent consistent Public Facilities: Coastal Management: Conservation: consistent consistent consistent 10. g. Recreation and Open Space: Required Findings: consistent 11. Be so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. The proposed restaurant is designed to protect the public health, safety and welfare. Not present an unduly adverse effect upon other properties in the impacted area in which it is located. The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties. The proposed use is located on U.S. HWY. 1. The site also contains a health club and a Firestone store. The proposed use will not have any greater impact on surrounding properties than the existing uses on the site. The size of the establishment will be limited by the limited parking on the site. Conform to all applicable provisions of the district in which the use is to be located. The proposed restaurant is a permitted use in the CG zoning district. The proposal conforms with all applicable provisions of the zoning district. Satisfy specific criteda stipulated for the respective conditional use described in subsection 20A-6.1.(C). The proposed use satisfies the specific cdteda for the conditional use. Special Criteria: No site shall be located closer than one hundred feet to any residential district, place of worship, or public or pdvate school. The proposed uses meets this criteria. The use shall comply with all applicable state and local code and ordinances. The use complies with the Land Development Code and Code of Ordinances. It is recommended that the use be approved subject to continued compliance to all state and local code and ordinances. Necessary measures shall be taken to ensure that the operation of the facility will not disturb adjacent property owners and the facility shall comply with the provisions of subsection 20A-7.4(G)(9) (This is the noise section of the performance standards.) The proposed use is located on the front side of the building. This will minimize noise disturbing the adjacent properties. 3 12: 13. 14. Additional considerations: The Code of Ordinances prohibits the sale of alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. The proposed use conforms to this requirement. The Code of Ordinances also limits the hours of sales. Other Matters: Analysis: none The proposed use is at the former location of the Tastee O Doughnut shop. The code defines a restaurant as: "16. Restaurants (excluding drive-ins and fast food service). Any establishment (which is not a ddve-in service establishment) where the principal business is the sale of food to the customer in a ready-to-consume state and receives more than fifty (50) percent of its gross revenues from food sales, determined on a monthly basis. The design and principal method of operation shall include one (1) or more of the following: (a) Customers, normally provided with an individual menu, are served generally in nondisposable containers by restaurant employee at the same table or counter at which items are consumed by the customers. (b) Ice cream padors and other specialty restaurants having floor area exclusively within a shopping or office center and share common parking facilities with other businesses within the center and expressly prohibiting freestanding stores having characteristics of a ddve-in restaurant. (c) A cafeteria or cafeteria type operation where foods, desserts or beverages generally are served in nondisposable containers and consumed within the restaurant building. (d) Customers purchase food, desserts or beverages for carry out." A bar and lounge is defined as: ~1. Bars and lounges. A commercial establishment selling and dispensing for the ddnking on the premises of liquor, malt, wine or other alcoholic beverages. This shall not include the sale of alcoholic beverages accessory to and within a restaurant use.-" When the applicant first came in, a question was raised as to at what point does the alcoholic sales become more than an accessory to the restaurant use. The staff determined that it was when the sales of beer and wine exceed 50 percent of the revenues. In order to avoid policing the receipts of the restaurant, it was recommended that the applicant should apply for a conditional use permit for a bar and lounge to avoid any questions in the future. The applicant agreed to do so. The intent is for a restaurant with on site sale and consumption of beer and wine. 15. Conclusion: The propose use is consistent with the Comprehensive Plan, Code of Ordinances and the Land Development Code. 16. Recommendation: It is recommended that the applicant for a conditional use permit at 920 U.S. Hwy. 1 be approved with the following condition: The applicant comply with all state and local laws and ordinances at all times. PREPARED ElY DATE December 2, 1996 To whom it may cencem: This is a request for conditional use at 920 U.S. HWY 1 unit c. We would like to use this unit to operate a pub style restaurant. We plan to serve prepared foods,beer and wine. Prepared foods will be for on premises consumtion and take out. Beer and wine will be for on premises eonsumtion only. There is now parking for 32 seats. While we plan to open with 28 seats we would like to keep the 32 seat parking to keep open the possibility of increasing the seating from 28 to 32 in the future. Thank you for your co~ideration in this matter. Edward F. Piper I I I ................................................... 3 ii..'.ZT.Z'.Z_E;.3~.i-ZZ/ZZi';i~_.,_7./_~ ~ .................... . ........... :...., ........... ~~._.~...~:~~_.~::- - .............................................................. ............................................................................. =~~_~_~.~_~ ........... · ......... City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570 NOTICE OF PUBLIC HEARING December 5, 1996 Dear Property Owner(s): The City of Sebastian has received an application requesting a conditional use permit for a bar/lounge in the CG (Commercial General) zoning district located at 920 U.S. Highway #1, Unit C, Sebastian, Florida. Since you are within a 200' radius of this property, you are hereby notified that the Planning and Zoning Commission will hold a Public Hearing regarding this matter on Thursday, December 19, 1996, at 7:00 p.m., in the City Council Chambers, 1225 Main Street, Sebastian, Florida. If you have any objections please advise so either by mail or at the hearing. Ail interested parties may appear at the hearing and be heard with respect to the proposed application. CITY OF SEBASTIAN, FLORIDA Planning and Zoning Commission NOTE: ANY PERSON W~O DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE TEAT A VERBATIM RECORD OF TEE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THiS MEETING. I Ms. Kay Ohallern ,.~ , ~ - '~',~,~ ',"., .'~ '.- City Clerk .... - ~' ' ------~- i City of Sebastian 1225 Main St. Sebastian, FI. 32958 I December 23, 1996 Re: Appeal of planning and zoning commission approval of Item 6.D on December 19,1996. Agenda: Conditional use Permit- Bar, Lounge and Restaurant. Dear Ms. Ohalleran, I hereby request an appeal to the above stated decision reached December 19,1996 by the Planning and Zoning board under Section 20A 11.3.C.4 of of administrative procedure of the land development code. As the owner of a four unit residential apartment building immediately abutting the site of the approved bar/lounge restaurant project, I feel very strongly that the zoning commission did not make a decision consistent with the rules and regulations it is required to abide by. Under _Conditional use requirement - Bar and lounge - condition B states, "No site shall be located closer than 100 feet to any residential di~tric,~a place of worship, or public or private school." Mr. Massarelli argues that COR zoning is listed under Commercial Districts in Article Ii, Section 20A-2.1, and therefore is not entitled to the status of "residential district", which would disqualify the project as proposed, under the conditional use criterion. Mr. Massarelli further contends that residents are simply an allowed use in a commercial zoning status and therefore this is not a residential district. I point to the fact that the conditional use criteria very specifically states,"any residen.ti lala~ district and COR is listed under Article II Districts established as 1. COR- Commercial, Office and Residential District~. As a subheading to commercial districts, COR zoning establishes the inherent right to exist as a residential district. The zoning category does n_noot state- commercial, office with the right to build houses. It clearly states that the residential is part of the COR district as defined in its title, Commercial, Office, Residential District. I also point out that by Mr. Massareili's staff report regarding this proposed project under #8 Proiect Description c- zoning to the east is designated COR, current land use: Residential, future land use - COR. Under Section 20A-3.8 COR, Commercial, Office, Residential District, Permitted use~ ! his zonin cateaorv begins by describing residential uses- single family dwelling, I T~,,,-,,~,v ml,~fi'~rni~'v ~tructures and then tapers into the other allo. w,.ed, us. es. Th.e, se _are~_ ~.~'~"="' i"~ .......... .'~ -, -,- ..... ,-,+,, not conditional Residential aistricts are auowec~ uy I aesignatea usaaes o] [,~ p,,.,P,=, ,y, · ermitted ri hts~and I find no reason to be stripped our rights of protection of well .P . g .... 4. _,, ...... ~*~'in this residential district. The properties along . In as resiaen[lal aw~,~[o --,. I De. g ..... '-'---'=-'~ ~'ave been residential and there is no reason to Indian River urive here are re~5~U~HU,',,, - believe that the makeup of this residential neighborhood will change its mixture significantly. I The intent of the process of having a conditional use application is to screen usages that have the potential to be disruptive to its surroundings, otherwise its simply a i permitted use. I appeal to the council members to overrule the status of the Planning and Zoning I decision in terms of my specific comments above. ench ! Property owner- 925 indian River Dr., Sebastian, FI. 32958 cc. Tom Frame, City Manager Bob Massarelli, Director of Community Development CITY OF SEBASTIAN PLAzNNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 19, 1996 Chairman Fischer called the meeting to order at 7:00 P.M. ROLL CALL: PRESENT: Ms. Kilkelly Mr. Mather Mr. Pliska Ms. Vesia Mr. Dr/ver Mr. Johns Chmn. Fischer Mr. Schulke EXCUSED ABSENCE: Mr. Munsart ALSO PRESENT: ANNOUNCEMENTS: Robert Mazsarelh, Community Development Director Jan King, Zoning Technician Ann Brack, Recording Secretary Randy Mosby of Mosby and Associates Warren Dill, Attorney Chairman Fischer announced that Ms. IGlkelly will be voting in Mr. Mtmsart's absence. He also noted that this morning he signed off on a minor modification to the site plan for Skvdive Sebastian, for an extension of their chain link fence on the southern property, line, to bring it t~p on the eaxt side to the north property line; and also the placement of a 16' x 16' shed. APPROVAL OF MINUTES MOTION by Jolms/Mather ! make a motion that the minutes of December 5, 1996 be approved. A voice vote was taken. 7 - 0 motion came& OLD BUSINESS: None N~EW BUSINESS: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE 424 ROLLINGHILL DRIVE - IRVIN HEDDEN - PLUMBING REPAIR/SERVICE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 Mr. Irvin Hedden of 424 Rollinghill Drive was present. There were thi_neen (13) notices of hearing sent out. We received no objection or non-objection letters. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:03 PM. with no public input. MOTiON by Vesia/Johns I make a motion that we approve the home occupational license for Irvin Hedden doing plumbing at 424 Rollinghill Drive. A voice vote was taken. 7 - 0 motion carried. PUBLIC HEARING - HOME OCCIYPATIONAL LICENSE - 801 NOAH STREET - JACK BURKLEW - REAL ESTATE CONSULTING Mr. Jack Burldew of 801 Noah Street, Sebastian, was present. There were fourteen notices of hearing sent out. We received one objection letter and no non- objection letters. A copy of the objection letter was given to Mr. Burldew at this time. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:05 P.M. with no public input. MOTION by lohns/Mather i make a motion to approve a home occupational license for Jack E. Burldew, Sales Consultant, at 801 Noah Street. A voice vote was taken. 7 - 0 motion carried. ACCESSORY STRUCTURE REVIEW - SECTION 20A-5.7.D.7 1. 1337 Scroll Street - William Doyle Ms. King gave smffpresentation. She noted that the size is over 200 square feet which is why it is before Planning and Zoning. It meets setback requirements and is for the cabana onlv. PLANNING AND ZONING COMMISSION MiNUTES OF REGULAR MEETING OF DECEMBER 19, 1996 Mr. William Doyle of 110 Landover Drive was present representing the applicant. In response to questions from Commission members, Mr. Doyle responded that there will be no bath or wet bar; there will be storage for pool equipment; the fill w/ll be leveled off according to the septic tank height. He noted that a drainage plan has been approved by the engineering depart- ment. Swales will be erected to dram water towards the front of the house. Ms. Kilkellv indicated that she was very, concerned about the drainage. She also noted a discrepancy in the dimensions of the su'ucrure and suggested that the size be a condition of the approval. MOTION by Mather/Johns I make a motion to approve the pool cabana for the Nichols and Cameron Jackson per drawing five (5) Richard Rogers, Buildwell Construction, drawing 5, sheet 5 of 5, October 15, 1996. Roll call was taken. Ms. Vesia - yes, pmvidsd we have the buffer of landscaping in the back, and the drainage is strictly adhered to Mr. Johns - yes Chnm. Fischer - yes Mr. Schulke - yes Ms. Kilketly - yes, under duress Mr. Mather - yes Mr. Pliska - yes The vote was 7 - 0. Motion carded. PUBLIC HEARING - CONDITIONAL USE PERMIT - 920 U. S. HIGHWAY #1, UNIT C- COMMERCIAL GENERAI,- BAR/LOUNGE & RESTAURANT . MR. EDWARD PIPER Mr. Ed Piper of 1162 Fairfield Lane was present. Mr. Massaretli gave sm.ff presentation and noted that Steve Philipson is the owner of this property. and Mr. Piper will be leasing the site fi'om him. Mr. Piper will be ruauing a Pub style business with food served on-site or carry-out, and wine and beer sales with on-site consumption. Staff recommends that the use be approved subject to continued compliance to all State and local codes and ordinances at all times. The public hearing was opened at 7:25 PM. Mr. Allan French who owns properW, on Indian River Drive adjacent to the subject property., was present and presented opposition to tkis conditional use permit. He was advised that if noise or other problems arise, he should get in touch ~vith either code enforcement or the police. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 After discussion it was suggested to use the rear door as a service entrance/emergency exit only to dissuade heavy patron traffic in the rear. Mr. Piper noted that he wants to be % good neighbor" and doesn't anticipate any unusual noise being generated. He explained that his business will have three (3) big screen TV's, and no live band music or the such. He also noted that he plans to install closed circuit TV in the parking lots which will allow the management to know if a problem may be developing. Mr. Steve Philipson, the owner and landlord of the building where this business if being located, spoke supporting the issue. The public hearing was closed at 7:52 P.M. Mr. Schulke moved himself bemuse of a conflict of interest in that his father is involved in renovations for this project, and being a qualified agent of the Company, therein lies the conflict. He submitted a conflict of interest form. Ms. Kilkelly mentioned having a problem with commercial and residential being so close and in the same zomg district, and suggested having the Riverfront Committee look at th/s situation. Mr. Massarelli responded that indirectly, the Riverfront Committee has discussed this when their recommendation is to eliminate all the zoning districts in the fiverfront area, consolidate them into one riverfront mixed use district, and bars and lounges did survive the cut. He cautioned the Commission against getting into determining how many bars and lounges and restaurants are m be permitted in this area. This is a private decision. Ms. Kilkelly still felt the City Attorney should voice an opimon of mixing commercial so close to residential properties. MOTION by Pliska/Jolms I make a motion that we approve the conditional usc permit for the Piper pub-style restaurant at 920 U.S. Highway 1 with a stipulation that the rear door be strictly used for service and emergency exit only and the apphcant comply with all state and local laws and ordinances at all times, and find that the conditional use is designed, located and proposed to be operated so that' the public health, safety, and welfare is protected, that it does not present an unduly adverse effect on the properties in the impacted area in which it is located, that it conforms to all applicable provisions of the district in which it is located, and that it satisfies the conditions stipulated for the bar and lounge conditional use described in subsection 20A-6.1.C. Roll call was taken. Mr. Driver - yes Mr. Johns -ves Chron. Fischer - yes Ms. Kilkelly - no Mr. Mather - yes tI' i I I I I I I I I i I PLfluNNING AND ZONING COi~vIISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 Mr. Pliska - yes Ms. Vesia - no The vote was 5 - 2 and the motion carried. A break was taken at 8:05 and the meeting resumed at 8:16 P.M. RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT SUBDIVISION . COLLIER CREEK ESTATES MAJOR Mr. Massarelli gave smffpresentation noting that this project should be an asset to Sebastian. He noted that the drainage fight-of-my issue in the south needs to be resolved. The review of this project is dictated and governed by the settlement agreement between the City of Sebastian and General Development Corp., which he has passed out to Commission members. He explained that when General Development Corp. was in bankruptcy court, in order to settle their situations in different communities where they were working, they entered into these settlement agreements. Within this agreement on page four (4), it specifically talks about construction in the uncompleted portions of Units six-teen (~6) and seventeen (17). Based on the existing plat, we cannot impose any additional requirements on GDC, or their successors or assigns. On page five (5) of the settlement agreement, provisions were made for re-platting for purposes of moving roads or drainage in compliance with St. John's River Water Management requirements. Staff has made the assumption that the purpose ofthi~ re-plat is to bring drainage and roads up to standards. The developer has agreed to comply with most of the provisions of the Land Development Code. It was determined to permit wells and septics. The density of this development is be/ng decreased considerablv and will provide more green space and more recreational area. Mr. Massarelli pointed out that pl~tt/nfo[marion has been provided as required, but lot 4 block H seems to be dirTerent between construction drawings and the preliminary plat. He noted that this needs to be straightened out. He also noted that several lots on a cul-de-sac will have a setback that is greater than what is required bv the Code, at eighty (80) foot width. He spoke of mitigation on the we*lands, and possibly de-watering affects, and noted that this issue must be addressed in the nex-t phase. Mr. Massarelh noted that because of the settlement agreement, required potable water improve- ments are not provided,, and wasrewater improvements are not provided. Staff recommends that the applicant be required to disclose to future purchasers of the land that the Counw has the ri~t and the ability to implement a waterline assessment in this subdivision. He also noted that easements and stormwater management tracts, on the face of the plak are dedicated to the property. owners for maintenance. TNs is not acceptable, and it needs ro be bv a Homeowners' Association. In addition,, there needs to be langUage in there that in the event that the Homeowners' Association fails to maintain ir. that the City has the ri~t to go in and maintain those facilities. We are nor accepting responsibilirv for those, but in th~ even[ that that occurs in the future and something ha]s to be done, we have the fight to go m there and do that. TlUs provision needs to be placed on the face of the.p..Jat. PLAaNNEqG AND ZONING COMMISSION MINUTES OF KEGULAR MEETING OF DECEMBER 19, 1996 Staff is recommending a twenty, (20) ft. wide drainage and maintenance easement along waterways. In response to a question from Mr. Schulke, Mr. MassareIli responded that a twenty, (20) ft. wide maintenance easement is being required because of the size of the body of water, and equipment that may have be used. Sta~ is also asking that no fill be removed from the site during the excavation of the lakes. That fill would go on the lots. and minimize the impact on the surrounding properties. And the area must be tested for muck soils. Mr. Massarelli noted that sidewalks are not required, but the applicant has agreed to require that at the time of construction, the builder install on the right-of-way adjacent to the lot, a sidewalk on the south side of Flemming to match up with the sidewalk at Harbor Point, and on the east side of Easy Street. The applicant will install street lights according to code, and utilities will be installed under ground. The project proposes seven (7) phases: 1. offWimbrow 2. extension of Flemming and Easy Street 3. off Englar 4. (pointed to on map) 5. (pointed to on map) 6. (pointed to on map) 7. (pointed to on map) When discussing the remainder of the project with the applicant, the decision should be made by the City on the stormwater management pond, and we may want to acquire some property for various reasons unknown at this time. We will address this at the completion of phase four (4). The intent is to get Easy Street done right away. Staff recommends that the plat for Collier Creek be approved subject to the following conditions: 1. That the construction documents must be approved by the Community Development Director with input from appropriate staff. The construction documents must be in substantial compliance with the preliminary, plat. After taking action, the Community, Development Director shall report to the Planning and Zoning Commission at the nex't meeting of the Planning and Zoning Commission. Appeals of the Commumty Development Director's actions may be made to the Planning and Zoning Commission. 2. The procedure to transfer the waterway property, and drainage right-of-way shall be determined prior to the approval of any comm'uction. 3. A twenty foot drainage and maintenance easement shall be provided along the waterways. PLANNING AaND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 The dedication of the drainage easements and stormwater tracts must be to the homeowners association and not the individual property owners. The dedication shall also include a provision ~ving the City, the fight to access these easements in the event the homeowner association fails to maintain the system. 5. The proposed drainage easement parallel to Englar Drive as well as the drainage and maintenance easements along the waterways shall be dedicated to the City. o Approve the first four phases of the project as proposed with temporary cul-de-sacs. The remaining phases should be determined at a future date and be approved by the Planning and Zoning Commission. The intent of the later phases is to extend Easy Street immediately. 7. The southeastern most tract shall remain a drainage fight-of-way and the plat so noted. 8. That the sheets 3 and 4 of 13 be corrected to fix match Line. Mr. Pliska asked - if there was a drainage problem on the property near the proposed lake, could the water be tied into this lake? Mr. Massaretli responded that the applicant has indicated that m this event, he would work w/th us, and sees that the proposed lake would benefit their property. Mr. Mather asked about Planning and Zoning involvement during the phasing process. Discussion followed on the three phases and procedures of handling them. A few members objected to not being informed as the process progresses. Ms. Kilketly noted that the code has not changed yet~ and would set a bad precedent. Mr. Massarelli responded with his interpretation of the code, and felt that the code would be followed if subject approvals were made administratively subject to review by Planning and Zoning. It was made clear that final plat of each phase will come before P & Z Commission. Mr. Massarelli also explained that we will see if it works to have the admmi=uative review of conslamction in Sebastian. If it works well, fine, if not you will know. He also noted that in the proposal that Mr. Mather is working up, you will also see each construction phase with possibly a fourteen (14) day delay. Randy Mosby of Mosby & Associates was present representing the applicant. He stated that his client agrees to all recommendations from the City,. He noted that all his client is looking for is preliminary, plat approval, and pointed out how difficult it would be to read two (2) inches of drainage calculations that go along with this project. He also suggested that the phasing of the project is set up to g/ye flexibility to the City. If the City. needs more land for the stormwater system,, he is willing to work with them. He also noted that the one lit-tie curve planned for Ftemming Street is to save the biggest oak trees on the property,. He mentioned that mitigation is on a two (2) to one (1) basis. PLANNING AND ZONING COMMISSION MINUTES OF REGLKakR MEETING OF DECEMBER 19, 1996 Mr. Mosby also referred to Mr. Massarelli's comment #2 on page nine (9) of his presentation, Lot 4 Block H, which is a correction on the preliminary plat and they will take care of it. He noted that they are waiting for the City Engineer's review on the surface water management plan. He also pointed out that each phase is designed to stand alone, with each of the three lakes being a part ora phase. All maintenance and drairmge easements will be complied with, and all fill material will remain on site. Sidewall~ are part of the deed restrictions, and will be installed as each house is built. In response to a question from Mr. Mather, Mr. Mosby responded that the generalized time-tine is five (5) years to bufldout, and at the four (4) year point, they would re-evaluate the connection of Easy Street. The southern-most tract is considered an out-tract and is not even shown on the preliminary plat. They are also ready to begin consm~ction mediately. He also noted that originally this property was planned with six hundred and forty (640) lots, and is being reduced to one hundred and eighty (180) lots, and will be a much nicer development. In response to Ms. Kilkelly's question on the conservation easement, Mr. Mosby explained that the purchaser owns the easement area as part of the lot, but cannot build on it or landscape it. it must not be disturbed. Mr. Warren Dill, a local attorney who is representing Harold Adams, was present, and noted that this is a good project; they agree with the conditions placed on the project; and stated that St. John's Water Management District has required that there be a homeowners' association. Those documents will be finished very soon. At this point, john King of Century 21, representing Mr. Adams, noted that the sidewalks at Harbor Point would be built as the houses are built along Flemming Street, as agreed t6 with City Council. Mr. Massarelli noted that his recommendation to City Council will be on the three (3) sheets of the - preliminary plat. We are not approving construction drawings at this point. MOTION by Johns/Mather I move that we recommend to City. Council the approval of the preliminary plan for Collier Creek Estates subdivision. This approval would be subject to him meeting all the conditions listed in the staff report recommendations, except that Item # 1 would be revised to require that the P & Z has twenty-one (21) days after the Community. Development Director's approval to review the construct/on drawings. This work is depicmd on the preliminary, plat of Collier Creek Estates, sheets of 3 of 3, date stump December 13, 1996, and prepared by James A Fowler, Land Surveying Company. There was discussion about the specifics of construction drawing Community Development Director and the P & Z Commission. approval between the PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 Roll call was taken. Ms. Ki]kelly yes Mr. Mather - yes Mr. Pliska yes Ms. Vesia - yes Mr. Johns - yes Chrnn. Fischer - yes Mr. Schulke - yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Schulke voiced an opinion that the packets for the meetings are corning out too late, and he does not have enough time to go through them thoroughly. Mr. Massaretli noted that in December, the compressed holiday schedule created some problems in getting the material together. He agreed to look into it and improve the method. Mr. Driver asked when the City Attorney will be at these meetings. Mr. Massarelli noted that when the Commission has a specific problem, he will arrange to have the City, Attorney present. Attendance at the P & Z Commission meetings cost the City extra dollars for the attorney's presence. He suggested letting him know early enough to get an a~wer from her or arrange to have her present. Ms. ICi]kelly noted that it is not always possible to know m advance when a legal opinion is required. Mr. Massaretli said that he will speak to the CiW Manager about this. Mr. Pliska noted that the Accesso~ Building and the 30% rule needs to be worked on soon. Mr. Massarelli suggested that in a fexv months he will set up a workshop meeting to discuss this. Ms. Kilkelly asked when Ordinances X-8 and X-9 ~vould be reviewed. Mr. Massarelli responded that the City Attorney rev/e~ved the seven ordinances presented at the last meeting and suggested that he re-do those ordinances because we can only have one subject item per ordinance. So those seven have now become about twenw (20) or twenty-five (25) ordinances. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 DIRECTOR MATTERS: Mr. Massaretli noted that there are several projects that he wants to present to the Commission on January 2; Vickers Grove Industrial Subdivision - replat of the preliminary, plat of the area The Vickers Grove sand mine - special use permit Grate's Landing - situation on Palmetto and Louisiana - redevelopment ( He noted that the pre 'hnfim.D, site plan will probably look quite different.) He also noted that there are some magnificent, large live oaks on this property, and attempts are being made to save them. Mr. Schulke suggested that on preliminary sim plans, when the City knows that they might need right-of-way in the future, the applicant might apply for impact fe~ credit in lieu of the fight-of- way. Mr. Massarelli thanked him for the suggestion and remarked that k was a very good idea. Sembler's Marina the applicant proposes to increase the seating size of the restaurant and the raw bar, will increase the parldng area, purring it on new property which means that it is considered a new site plan. 5. Previously discussed ordinances The EAR - DCA came back with eight (8) comments on the EAR. The major issue is the lack of our concurrency management system. It should have been adopted in 1991, and it must be put in place; and 'related levels of service. 7. Natural resources He noted that Keens may be ready to sell and a bm-b-que place is coming in on U.S. 1. He remarked that the economy seems very strong which is very positive for Sebastian. Mr. Massarelli said that feedback he has received from developers tells him that people have avoided the City of Sebastian for the last five (5) years or so because the reputation was nor very positive, and the recent positive press we are receiving along with the attitude of City Counc/1 is bringing m a lot of people who avoided Sebastian in the past. At this point Mr. Johns noted that he would be absent on January 2, 1996. Chairman Fischer adjourned the meeting at 10:00 P.M. I0 I City of Sebasda~ 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (5(51) 58%25(5(5 MEMORANDUM DATE: January 2, 1997 TO: FROM: SUBJECT: Mayor and City Council Robert J. Massarelli, Community Development Director~~ Sections of the Land Development Code relating to COR zoning district Attached are the relevant sections of the Land Development Code concerning the COR - Commercial, Office and Residential District. The following is a summary of the information. pages 55-56 page 60, C.1. pages 132 -134 pages 139-141 pages 334.5- 336 page 395,2. page 1027, C. page 1028, iii groups all districts into five classifications definition of a bar and lounge COR zoning distdct CG zoning distdct (pg. 140, C. lists bars and lounges as a conditional use) discussion of mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles (pg. 336, E. states for the purpose of this section COR shall be deemed to be a residential district) Lists the conditional use criteda for a bas and lounge lists COR as one of the zoning distdct that is included under sign regulations for nonresidential zoning districts (excepting the PS district) discusses signs along public rights-of-way adjacent to residential zoned (except COR) property Except for the last reference, all references to the COR zoning district are that it is a commercial classification. ARTICLE II. DISTRICTS ESTABLISHED* Sec. 20A-2.1. Districts designated. In order to implement the comprehensive plan, including the land use element which allocates uses of land and establishes management policies, and in order to carry out the purpose and intent of this code, the following zoning districts are l~ereby established. A. Residential Districts: 1. RE-SO: Residential Estate District 2. RS-20: Single-Family Residential District 3. RS-15: Single-Family Residential District 4. RS-10: Single-F~mily Residential District 5. RM-8: Medium Density Multiple-Family Residential District 6. RM-12: High Density Multiple-Family Residential District 7. R-MI-I: Mobile Home District B. Commercial Districts: 1. COR: Commercial Office and Residential District 2. CL 512: Limited Commercial District--512 3. CL: Limited Commercial District 4. CG: General Commercial District 5. MCR: Marine Commercial and Residential District 6. GMC: General Marine Commercial 7. CRR: Commercial Resort Residential C. Industrial District' 1. IN: Limited Industrial District D. £nstitutional District' 1. PS: Public Service District *Cross references--District regulations, Art. III; planned unit development district regulations, Art. Iv'. 55 I I i I I I I I I I I I I § 20A-2.1. SEBASTIAN LAND DEVELOPMENT CODE E. Planned Unit Development Districts: 1. PUD-R: Planned Unit Development District 2. PUD-C: Planned Unit Development Commercial District 3. PUD-I: Planned Unit Development Industrial District 4. PUD-M_H: Planned Unit Development Mobile Home District Sec. 20A-2.2. Official zoning map and district boundaries. A. Map adoptior~ The boundaries of each zoning district are designated as shown on the official zoning map for Sebastian, Florida. The boundaries of the districts together with all explan- atory statements thereon, including the title, date(s) of adoption and any subsequent amendment(s), official conversion schedule for the reclassification of all existing zoning districts to zoning district classifications provided for in this code, are hereby adopted and incorporated as a part of this ordinance. B. Map amendment No changes or amendments to the official zoning map shall be made except in compliance and conformity w/th all procedures set forth in this code. If changes or amend- ments axe made to district boundaries or other subject matter portrayed on the official zoning map, such changes or amend- ments shall be made promptly after o~cial adoption of the change or amendment as provided for herein. The city clerk shall be responsible for the physical updating and amendment of the offi- cial zoning map. The new official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the code or any subsequent amendment thereto without a duly noticed public hearing as provided herein. Unless the prior official zoning map has been lost or destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption and amendment. Sec. 20A-2.3. Interpretation of district boundaries. When uncertainty exists as to boundaries of the districts on the official zoning map, the following rules shall apply: 56 § 20A-2.5. SEBASTIAN LAND DEVELOPMENT CODE 10. 11. 12. or infirmed in which three (3) or more persons not of the immediate family are received, kept or provided with food, shelter and care for compensation. This activity shall not include duly state-licensed volunteer adult foster care homes in which three (3) or less foster adults are placed. Neither does the principal activity include hospitals, clinics or sim- ilar institutions devoted to the diagnosis and treatment of the sick or injured. Places of worship. Activities customarily performed in a building where persons regularly assembly for religious worship and which building, together with its accessory building and uses, is maintained and controlled by a tell- gious body organized to sustain public worship. Protective services. Fire, law enforcement and emergency medical related facilities planned and operated for the gen- eral welfare of the public. Public parks and recreation areas. Public parks and recre- ation land and facilities developed for use by the general public. Public and private utilities (including essential government services). Use of land which is customary and necessary to the maintenance and operation of essential public servic- es, such as electricity and gas transmission systems; water distribution, collection and disposal; communication; and similar services and facilities. C. Commercial activities: 1. Bars and lounges. A commercial establishment selling and dispensing for the drinking on the premises of liquor, malt, wine or other alcoholic beverages. This shall not include the s~le of alcoholic beverages accessory to and within a restaurant use. 2. Business and professional offices. Offices extending the following services which provide advice, information or consultation of a professional nature: insurance, real es- tate, and financial services; banking services; and execu- 6O § 20A-3.8. SEBASTIAN LAND DEVELOPMENT CODE Sec. 20A-3.8. COR, Commercial Office Residential District. A. Purpose and inten~ The COR district is established to ira- plement comprehensive plan policies lbr managing land desig- nated for commercial office/residential (COR) development. B. Permitted u~es. In this district, as a permitted use, a building or premises may be used for only the below stated uses. All ap- plicable provisions of provisions of this code shall be satisfied, including site plan review and. performance criteria. Permitted uses: Single-fzmily dwellings, duplex structures, multiple-fsm~ly dwellings, cultural or civic activities, places of worship, public or private not-for-profit aami~.~trative ser- vices, public or private not-for-profit clubs, business and pro- fessional offices, medical services, parking garages and acces- sory uses. (Ord. No. 0-93-01, § 33, 2-24-93) C. Co~oma~ ~ses. In this district as a conditional use a building or prera~es may be used for only the following condi- tional uses upon compliance with applicable conditions stated in ar~cle V~ and all other applicable provisions of this Code, in- cluding site plan review and performance criteria. The p]-n~ug and zoning comr-~ssion shall ascertain it'such conditions and pro- visions are satisfied. Appeal of such decisions shall be heard by the city council. -' Conditional uses: Home occupatiozis, model homes, child care services, child care facilities, educational institutions, nm-sing homes (including rest homes or convalescent homes), public and private utilities, public parks and recreation areas, public protective and emergency services, hotels and motels with kitchen facilities in units, limited commercial activities and restaurants (excluding drive-ins and fast food services), tran- sient quarters with kitchen facilities on each and all units for seasonal residents, veterinary medical services and accessory uses. (Ord. No. 0-93-01, § 63, 2-24-93) D. Size and dimension crlterioz 1. Minimum lot size: None: except for duplex and multiple- family development which shall have a minimum size lot Supp. No. 15 132 LEGAL BASIS AND GENERAL PROVISIONS § 20A-3.8 of ten thousand (10,000) square feet. In addition, subdivi- sions approved subsequent to the adoption of this ordi- nance shall have lots with a minimum size of ten thousand- (10,000) square feet. Maximum density for residential development when abutting a residential district shall not exceed the density allowed in the next highest residential district and shall never be greater than twelve (12) units per acre. Minimum lot width: None; except for a duplex or' multiple- family development which shall have a m(n{murn lot width of eighty (80) feet. In addition, s~bdivisions approved subsequent to this ordinance shall have lots with a mini- mum width of eighty (80) feet. Minimum lot depth: 125 feet. Maximum building height: 35 feet. Minimum living area: The minimum floor area required for a single-family structure, excluding porches, terraces, at- tached garages, carports or other unenclosed areas, shall be one thousand (1,000) square feet. Every single-family dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed vehicle storage structure is provided, then the principal structure shall contain a fully-enclosed utility storage area of at least sixty (60) square feet, which shall be designed as an integral part of the principal structure and shall be accessible from the carport (See Exhibit i in Appendix A). If a fully- enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear a{r~u-~ion often (10) feet by twenty (20) feet. Duplex: Eight hundred fifty (850) square, feet per unit. Multiple-family structures: Efficiencies shall provide six hundred (600) square feet per unit; one (1) bedroom unit shall be required to provide seven hundred fifty (750) square feet per unit; two (2) bedroom units shall be required to provide eight hundred fifty (850) square feet per unit; three (3) bedroom units shall provide one thou- Supp. No. 22 133 I i I I i I I I i i I I I I § 20A-3.8 SEBASTIAN LA~NI) DEVELOPMENT CODE sand (1,000) square feet per unit; and each additional bedroom shall provide an additional one hundred (100) square feet per bedroom addition. (Ord. No. 0-93-01, § 17, 2-24-93) - 6, M:n~mum building setbacks from property lines: (a) Front yard: 10 feet for nonresidential development. Residential development shallmaintaln a twenty-five (9.5) foot setback. (b)' Side yard: Commercial - 10 feet; Residential. 15 feet plus one foot per each additional ~vo (2) feet in height above twenty-five (25) feet, (c) Rea~ yard: 20 feet. (d) Minimum distance between residential structures on same lot: twenty (20) feet. (Ord. No. 0-93-01, § 18, 2-24-93) 7. Ma~,num building coverage: 30 percent. 8. Min/mum open space (pervious surface): 20 percent for nonresidential uses and fury (§0) percent for residential uses. W~ere residential and nonresidential development is to be located on the same site, the following pro rata open space requirements shall be enforced: OS = (NRA × .2 TA).+ (RA × .5 TA ( TA ) (TA OS = Open space NRA = Nonresidential acreage RA = Residential acreage TA = Total area Sec. 20A-3.8(A). C-512, Commercial 512 District. A. Purpose and intent. The C-512 district is established to implement comprehensive plan policies for managing land desig- nated for Commercial (C-512) development along segTaents of County Road (CR) 512 below defined: 1. Specific area included in C-$12 district. This dist~ct is batended to include all lots abutting the south side of Supp. No. 2:2 134 LEGAL BASIS AND GENERAL PROVISIONS § 20A-3.10 including site plan review and performance criteria. The plan- ning and zoning commission shall ascert~{n if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. Conditional uses: Drive-through facilities (business and pro- fessional offices only), funeral homes, gasoline sales, nursing homes (including rest homes or convalescent homes), public and private utilities, public parks and recreation areas, child care facilities, public protective and emergency services, hotels and motels, restaurants (excluding drive-ins), transient quar- ters, veterinary services and accessory uses. fOrd. No. 0-93-01, § 64, 2-24-93; Ord. No. 0-93-20, § 1, 1-12-94) D. Size and dimension criteria: 1. Minimum lot size: None; except ten thousand (10,000) square feet for new subdivisions approved subsequent to the adoption of t/tis ordinance. 2. Minimum lot width: None; except seventy-five '(75) feet for new subdivisions approved subsequent to the adoption of this ordinance. 3. Minimum lot depth: 125 feet. 4. Maximum building height:' 35 feet. 5. M/nimum living area: N/A. 6. Minimum building setbacks from property lines: fa) Front yard: 10 feet. (b) Side yard: 5 feet minimum, except thirty (30)' feet when abutting a residential district. ' (c) Rear yard: 10 feet; except thirty (30) feet when abut- ting a residential district. (Ord. No. 0-93-01, § 21, 2-24-93) 7. Maximum building coverage: 30 percent. Sec. 20A-3.10. CG, General Commercial District. A. Purpose and intent. The CG district is established to imple- ment comprehensive plan policies for managing land designated for general commercial development. Supp. No. 22 139 § 20A-2.10 SEBASTIAN LAND DEVELOPMENT CODE B. Permitted uses. In this district, as a permitted use, a building or premises may be used for only the below stated uses. All applicable provisions of this code shall be satisfied, including site plan review and performance criteria. Parmitted uses: Cultural or civic activities, places of worship, public or private not-for-profit clubs, business and professional offices, general retail sales and services (including antique shops, consignment shops and secondhand stores), limited commercial activities, parking garages, plant nurseries, restau- rants (excluding drive-ins); ~rade and skilled services, transient quarters, vehicular sales and related services, retail gasoline sales, medical, services, commercial amusements (temporary), and accessory uses. (Ord. No. 0-93-01, § 32, 2-24-93; Ord. No. 0-95-12, § 3, 5-24-95i Ord. No. 0-95-24, § 1, 10-11-95) C. Conditional ,,.ses. In this district as a conditional use a building or premises may be used for only the following condi- tional uses upon compliance with applicable conditions stated in article VI and all other applicable provisions of this Code, including site plan review and performance criteria. The plan- ning and zoning comm/ssion shall ascertain if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. Conditional uses: Adult entertainment establishments, bars and lounges, child care facilities, drive-through facilities, farm- er's markets, funeral homes, hotels and motels, indoor theaters and other enclosed commercial amusements, flea markets and pawn shops, nursing homes (including rest homes or convales- cent homes), public and private utilities, public parks and recreation areas, public protective and emergency services, restaurants (drive-in), vehicular service and maintenance, vet- er/nary medical services, whole-sale trades and services, and accessory uses. (Ord. No. 0-93-01, § 66, 2-24-93; Ord. No. 0-95-12, § 3, 5-24-95) D. Size and dimension criteria: 1. Minimum lot size: None; except ten thousand (10,000) square feet for new subdivisions approved subsequent to the adoption of this ordinance. Supp. No. 22 140 LEGAL BASIS AND GENqZRAL PROVISIONS § 20A-3.10 2. Minimum lot width: None; except seventy-five (75) feet for new subdivisions approved subsequent to the adopt/on of this ordinance. 3.. Minimum lot depth: 125 feet. 4. Max/mum building height: 35 feet. 5. Minimum living area: N/A. 6. Minimum building setbacks from property lines: (a) Front yard with sidewalks, curb and gutters: None required. (b) Front yard without sidewalks, curb and gutters: 6 feet. (c) Side yard: 5 feet; except ten (10) feet when abutting a residential district. Supp. No. 22 140.1 LEGAL BASIS .4~X~D GENEt{AL PROVISIONS § 20A-3.11 id) Rear yard: 10 feet; except thirty (30) feet when abut- ting a residential district. 7. Maximum building coverage: 30 percent. 8. Minimum open space (pervious surface}: 20 percent. (Ord. No. 0-91-4, § 1, I-8-92; Ord. No. 0-93-01, § 22, 2-24-93) Sec, 20A-3,11. MCR, Marine Commercial and Residential District. A. Purpose and intent. The MCR district is established to ira- plement comprehensive plan policies for managing land desig- nated for marine waterfront commercial development which is adaptive to limited marine commercial and residential develop- ment options. B. 'Permitted uses. In this district as a permitted use a building or premises may be used only for the below stated uses. All ap. plicable provisions of this code shall be satisfied including site plan review and performance criteria. All uses on the east side of Indian River Drive, including single-family homes, shall comply with site plan review requirements due to the unique and fragile environment of the shoreline of the Indian River. Permitted uses: Single-family dwellings, multiple-family dwellings and including accommodations for seasonal tran- sients in units with kitchen facilities, and residential and ma- rine accessory uses. .. C. Conditional uses. In this distr/ct as a conditional use a building or premises may be used for only the following condi. tional uses upon compliance with applicable condit/ons stated in Article VI and all other applicable provisions of this Code, in- cluding site plan' review and performance criteria. The planning and zoning commission shall ascertain ff such conditions and pro- visions are satisfied. Appeal of such decisions by the planning and zoning commission shall be heard by the city council. Conditional uses: Waterfront or marine related specialty shops, home occupations, restaurant and lounges (excluding drive-in and fast food facilities), boat rentnl, marine fuel sales, yacht clubs, business and professional offices, public and pti- Supp. No. 17 141 LEGAL BAS~':~ AND GENEIL~L ?ROV~ON$ § 20A-5.16. Sec. 20A-5.16. Mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles. A. Del~nition~ 1. Mobile horn~ A single- or multiple-family dwelling as de- scribed in section 20A-3.7(B)(1) of ~he Land Development Code. 2. Travel Wailer. A portable structure built on a chassis as described in section 20A-3.7(B)(2)'of the Land Development Code. 3. Camper. (a) A tn-after or a semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or (b) Any motor vehicle which is designed, constructed, or ~ and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently); or (c) A trailer or a semitrailer, the chassis and exterior shell of which is designed and constructed for use as a camper, as defined in subparagraphs (a) or (b), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of mer- chandise or services. 4. Boat~ A watercraft as described in section 6-1 of the Code of Ordinances of the City of Sebastian. 5. Trailer. Any vehicle, with or without motor power, other than a pole trailer, designed for carrying persons or prop- er~y and for being drawn by a motor vehicle. 6. Recreataional vehicle (R V). (~) Any travel trailer, camper, boat, or trailer a~ defined herein. (b) ~ a boat is mounted on a trailer designed for the transport of such boat, then such boat and trailer shall be deemed to be a single RV. 8uop. No. 16 334.5 I I i I I , I il il I I i I I I I I I I § 20A-5.16. SEBASTIAN LAND DEVELOPMI!INT CODE (c) A travel trailer, camper or trailer in tandem with one or in any other combination shall not be deemed tn be a single RV, but rather each separate travel trailer, camper or trailer shall constitute a separate and dis- tinct RV. 7. Primary front yard. The yard of an improved corner lot which is locat~I between the side of the structure facing the street where the pr/m~y entrance is located and the s~.reet. 8. Secondary front yard The yard of an improved corner lot which is located between the side of the structure fac/ng the street where the primary entrance is not located and the street. B. Mobile homes prohibited, No mobile homes shall be permit- ted in any zoning district except the 1LMH or RMH-~ Distr/cts. C. Parking and storage of recreational vehicle~ Recreational - vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided that: 1. The recreational vehicle is owned by the person residing on the same improved lot on which the recreational vehicle is located. 2. Except as provided in paragraph (13) (section 20A- 5.16(C)(13)), the recreational vehicle is not used for redden- rial, office or commerc/~l purposes. 3. The recreational vehicle is not used for sleeping, house- keeping, or living quarters while parked on any improved lot. The attachment of one or more wires between the re~. reational vehicle and any electrical power outlet in a resi- dence shall be prima facle evidence of housekeeping. 4. The recreational vehicle is located to the rear of the front building line, and in no event less than twenty-five (25) feet from the front lot line, or is located wholly within a carport or garage. Notwithsasn~g the foregoing sentence, w/th respect to locating recreational vehicles on the sec- ondary front yard of an improved corner lot, the recrea- tional vehicle need only be located behind the front yard setback for such improved corner lot and need not be 334.6 Supp. No. 16 LEGAL BASIS AND GENERAL PROVISIONS § 20A-$.16. cated to the rear of front buila~ng line for the secondary front yard. 5. The recreational vehicle is not located within any road right- of-way. 6. In the event that the re~eational vehicle is a collapsible camping railer, the trailer must be stored in the collapsed s~te. 7. The recreational vehicle must bear a current S~ate of Flor- ida registration. 8. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed thirty-six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer shall not exceed fourteen (14) feet in length. 9. No more than two (2) recreational vehicles shall be permit- ted on any one improved lot whose area does not exceed fourteen thousand -~ne hundred and -~nety-nlne (14,999) square feet. 10. No more than three (3) recreational vehicles shall be per- mitted on any one improved lot whose area exceeds fifteen thousand (15,000) square feet, but is less than -i-eteen thousand nine hundred -;,~ety--;-e (19,999) square feet. 11. No more than four (4) recreational vehicles shall be per- mitred on any one improved lot whose area exceeds twenty thousand (20,000) square feet but is less than twenty-four thousand nine hundred ninety-n/ne (24,999) square feet. 12. No more than five (5) recreational vehicles shall be permit- ted on any one improved lot whose area is twenty-five thou- sand (25,000) feet or greater. 13. Commercial trailers and boats. Notwithstanding any pro- hibition inferred in any previous paragraphs contained in this subsection (C) of section 20A.5.16, trailers and boats utilized for commercial purposes may be kept on real prop- erty located in a residentially zoned district owned by the person who also owns the trailer or boat if the following provisions are complied with: (a) One (1), but not more than one (1), commercial utility or cargo trailer, that does not exceed fourteen (14) feet Supp. Ne. 18 335 § 20A-5.16. SEBASTIAN LAND DEVELOPMENT CODE in length ~nd eight ($) feet in hefght, may be parked on any improved lot located in ~ny residential dis~ct ~it is p~ked ~ ac~rd~ce ~h ~he o~er pm~sio~ of subse~on 20A-5.16(C) ~d i~ is subst~y s~n~ by eider vegeta~on or a s~ (6) f~t stoc~de t~e fence ~m ~e ~ew of ~e adjacent prope~ owne~ or les- sees ~d ~m ~e ~ew ~om ~e public fight-of-way. (b) One (1), but not mom ~ one (1), boat ~ for com- me~ p~ses, not ~g ~i~-s~ (36) f~t ~ len~, may ~ p~k~ or s~r~ on ~y ~prov~ lo~ l~d ~ ~y msiden~ ~ct, ff ~ere ~ no ~- loa~g or loa~8 of ~y material, fish or shel~sh when io~ ~ ~e msidenfi~ ~ ~d ~e ~at is subs~ly sc~n~ by eider vege~ou or a s~- f~t s~ge ~ fence ~om ~e ~ew of ~e adjacent pmpe~ ~e~ or less~s ~d ~m ~e ~ew ~om the public ~ght~f-way. For ~e p~oses of ~e ~o~ set fo~ ~ par~ap~ (9) ~ough (12) of~ subs~on (C) ofs~on 20A-5.16, a commer- ~ ~ler or a comme~ ~at s~ ~ co~ ~ one (1) rec- rea~on~ veMcle. D. ~mpora~ ~a~. ~e~ ~ ~m~r~ly ~ co~e~on ~ co~on ~ a dwelling, o~ce, s~es~m, or s~ head- qu~ may be 1~ ~po~y ~ ~1 zoning ~ o~y ~r a bufl~g ~t h~ b~n ~su~ ~d d~g ~e pe~ of cons~ction acti~, ~der a ~mpo~ zon~g ~it; prodded, however, ~at ~y su~ ~er m~t ~ removed ~thi~ ~n (10) days a~er ~mple~on of co~on or ~r ~e issu~ce of a ce~ficate of ~p~, wM~er fi~t oc~. E. COR Zoni~ D~t. For ~e p~ses of ~ s~on, the Co~er~ O~ce ~d ~sidenfi~ D~t~ct (COR) sh~ ~ d~m~ ~ be a residen~ ~. (Ord. No. 0-88-11, ~ 1, 5-11-88; O~. No. 0-88-28, ~ 2, 11-9-88; 0~. No. 0-93-09, ~ 1, 2, 6-9-93) S~. 20A-5.16.1. ~e ~c~ ~d hea~ eq~pmenL ~ De~nit~. ~ used hem~, ~e foHo~g te~s sh~ have · e meanin~ here~ sta~ ~ess the contract requires other- ~se. Supp. No. 18 336 LEGAl. BASIS ANt) GENERAL PROVISIONS § 20A-6.1. (81 (d) Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the premises. However. motor vehicles which are being serviced may be stored in appropri- ate outside parking areas for a period not to exceed eight 18) days. Landscaping. All vehicle storage areas, aisles, travel lanes, driveways, and other outdoor areas designed for the use of vehicles being serviced or maneu- vered shall conform to landscape requirements for off-street parking areas. 2. Bars and lounges: a. Applicoble zoning districts: Bars and lounges shall be permitted as a conditional use within the following . zoning districts: CG and GMC. b. Conditional use criteria: (1) No site shall be located closer than one hundred (100) feet to any residential district, place of wor- ship, or public or private school. (2~ The use shall comply with all applicable state and local codes and ordinances. (31 Necessary. measures shall be taken r.o ensure that the operation of the facility will not disturb adja- cent property owners and the facility shall comply with the provisions of subsection 20A.7.4{GX9). Child care facilities: a. Applicable zoning districts: Child care facilities shall be permitted as a conditional use within the following zoning districts: RE-40. RS-20, RS-15. RS-10, RM-8, RM-12 and COR. b. Conditional use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommedate pedestrian and vehicular ~affic generated by the use. A fa- dlity located withLn the RS-10 district shall be located on a major collecter street or larger as des- Supp. No. 15 395 SIGN ORDINANCE § 20A.15.7 (10) feet from the front property line and twenty (20) feet from any other common property line, and shall not be higher thau ten (10) feet unless mounted flush against the building. These signs re. quire permits. Scoreboards inside ballparks or recreational ball fields and of which are not visible from any adjacent property or public right- of-way are exempt from the provisions of this subsection. These signs do not require permits. In the PS district, in~actional signs having an area not ex- ceeding four (4) square feet are permitted, provided such signs, if freestanding, shall be located a ,-~n~mum of five (5) feet within all property lines and shall not exceed five (§) feet in height. Such signs require permits. Religious symbols and governr~ental signs may be erected and exceed the above reference requirements subject to the approval of the planning and zo-~g commission. The planning and zoning commission shall review these types of signs to determine com- pliance pursuant to section 20A-10.2(B). C. Sign reKulations for nonresidential zvning districts (except. lng the PS district). The number and size of point of purchase signs in the COR, CL, C-512, CG, MCR, GMC, IN, AI and non- residential portions of the Planned Unit Developments shall be governed by the percentages and limitations imposed herein, ex- cluding temporary or instructional signs, which may be in addi- tion to said percentages and limitations imposed herein, excluding temporary or instruct/onal signs,, which may be in addition to said percentages under the conditions contained herein. 1. Freestanding signs. a. Copy area permitted. i. Front footage. There shall be one (1) square foot of allowable cumulative copy area for all front free- standing signs for each lineal foot of property frontage. Owner shall declare one (1) street as his frontage street. ii. Footage not adjacent to residential property. There shall be one-half (~/:) square foot of allowable copy Supp. No. 16 1027 § 20A-15.7 SEBASTIAN LAND DEVELOPS{ENT CODE Supp. No. 1~ area for freestanding signs along ail other public right,~of-way for each lineal foot of property along said public rights-of-way. ii/. Adjacent to residential properties, except COR zoning d/strict. There shall be one (1) square foot of allowable cumulative copy area for freestandLug signs along public rights-of, way adjacent to resi- dent/ally zoned (except COR) property for each lineal foot of property along said public rights-of- way. iv. Any freestanding ~ may be supported by poles or columns and said supperting members may have decorative covers or mol~]i-g provided the surface area (single two~41mensional side) of said cover shall not exceed the surface area of the two. dimensional side of the sign above the c~ver. v. No freestanding sign shall exceed three hundred (300) square feet in area unless approved by the planning and zoning commission. The planning and zoning commission shall review signs over three h/mdred (300) square feet in area to deter. mine compli-~ce pursuant to section 20A-10.2(B). All freestanding signs shall display their building number-on such sign pursuant to section 20A- 5.46. Relig/ous symboh may be erected and exceed the above reference requirements subjec~ to the ap- proval of the pl:~-,~i.g and zoning co~on. The planning and zoning//ommisdon shall review these types of signs to determine compliznce pursuant to section 20A-10.2(B). £nstr~ctional signs. Instructional signs shall be ex- empt from the limitation on total sign area allowed per business and the requirement of five (5) foot of setback from any. common property line. However, an instruc- tional sign shall not be more than three and on, half (31/2) feet in height nor total more than five (5) square feet in ares, Height regulation. The height of freestanding signs shall not exceed twenty (20) feet placed within the min- 1028 I City of Sebastian 1225 MAIN STREET Iq SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 lq FAX (561) 589-2566 MEMORANDUM DATE: TO: FROM: SUBJECT: January 2, 1997 Mayor and City Council Robert J. Massarelli, Community Development Director C.R. 512 Corridor Improvements, Phase II Recently there~J3~-15een several questions concerning the C.R. 512 project including the changes on U.S. 1. Attached is a series of drawings outlining the proposed improvements. Sheets 1 through 8 are the profile of the west bound lane or the north half of the twin pairs. Pages 9 through 15 are the east bound or south half of the twin pairs. Pages 16 through 18 show the modifications on U.S. 1, There are a few items that I would like to highlight. Sheet 3 - Wimbrow will be extend north to the westbound lanes. Sheet 6 - South of the north pair, Louisiana Avenue will be terminated into a cai-de-sac. North of the north pair Louisiana Avenue will be realigned to connect to High Street. Sheet 8 - The north pair intersects with U. S. 1 between Cleveland Street and Martin Avenue. (see also sheet 17) Sheet 17 - The intersections of Cleveland Street and Martin Avenue with U. S. 1 are being modified to prevent a left hand turn onto U.S. 1 from those streets. You will only be able to go north from those two streets. Sheet 18 - The intersection with Washington Street and U. S. 1 is being modified to prevent a left hand turn onto U. S. 1. One of the effects of the design for this project is that it will make Fellsmere Road and Main Street the only streets were one can make a left hand turn onto U.S. 1 and go south. This eliminates the possibility of closing Fellsmem Road through Riverview Park. This design will improve traffic flow and safety on U. 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