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HomeMy WebLinkAbout02111998 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 11, 1998 - 7:00 P.M. CITY COUNCIL CtlAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. Thc Pledge of Allegiance was recited. There was no invocation. ROLL CAJ~L Qity Cquncil PrgsetR: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staff Eresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathtyn O'Halloran Director of Community Development, Bob Massarelli Public Works Director, Pat Brennan Chief of Police, Randy White Finance Director, Janet Isman Deputy City Clerk, Sally Maio Regular City Council Meeting February I 1, 1998 Page Three 98.035/ C. 97.138 Approve Change Order on Purchase Order 1521 for Craven Thompson - Barber Street Sports Complex North Improvements - Engineering Services Through December 1997 in the Amount of $2,250 (Public Works Director Transmittal 1/29/98) The City Manager read the consent agenda. Mrs. Sullivan removed item A, specifically the 1/21/98 and 2/2/98 minutes. MOTION by Sullivan/Taracka I move to approve items B and C of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Item/l - Minutes Mrs. Sullivan requested amendment to the 1/21/98 minutes, page 2 to "Mrs, Sullivan requested that Mr. Massarelli require all future applicants to list a business or home address rather than a PO box number"; and on page 4 to say that Mrs. Sullivan noted that Planning and Zoning had denied a modified plan for Sebastian Lakes in June of 1997 and change the end of the last sentence to "....97 units modified plan of 144 units that was denied by Planning and Zoning". MOTION by SullivaniTaracka I would move approval of minutes of 1/21/98, 1/22/98, 1/28/98, and 2/2/98. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay MOTION CARRIED 4-1 (Cartwright - nay) 3 Regular City Council Meeting February I 1, 1998 Page Five Mayor Barnes said he had made a pact when elected not to get involved in the day to day operations of the City, but did think it was necessary to conduct the workshop on Code Enforcement issues because of citizen complaints. 12. COMMITTEE REI~ORT$/RECOMMENDAT[ONS Mayor Barnes requested participation in the "Keep Indian River Beautiful" clean up day on April 24, 1998. Mr. Paul said, as a member of Treasure Coast Regional Planning Council, he had submitted a letter of request that Sebastian be made a full voting member of Treasure Coast to the Indian River County Commission and had received approval (see attached). It was the consensus of Council to submit the letter of approval. Council, by consensus, approved the drafting of a resolution in support of funding for regional planning councils as requested by Michael Busha, Executive Director, Treasure Coast Regional Planning Council. He submitted the letters to the City Clerk who said she would see that the letter was sent to Indian River County. Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members were present. 98.008 Board of A~ustment 1. l/g.~rviflw md Appoint to Three Positions as Follows: (City Clerk Transmittal, Five Applications, Board List) City Council interviewed applicants Lowell Fox, who submitted a letter to the City Clerk; Keith Miller; Roland Rutsen. The City Attorney suggested re-establishing the Handicapped Self-Evaluation Committee by resolution or ordinance. City Council interviewed Louis Nicolini; and TAPE II - SIDE I (8:45 p.m.) James Schmitz. Regular City Council Meeting February I 1, 1998 Page Seven 98.036 98.O37/ 97.201 98.038 Plalming and Zoning Coml~dssion 1. Accepl; Resi~ltion of Larry l)river Effective February 5, 1998 (City Clcrk Tran~mitt~ll. 2/.5/98, Driver Letter MOTION by Taracka/Sullivan I move to accept the resignation with regret of Larry Driver from the Planning and Zoning Commission effective February 5, 1998. ROLL CALL: Mrs. Sullivan - aye Mr. Banes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 Recreation Advisory Committeg 1. fi~cept Resignation of Larry Driver Eff¢~:tive February 5, 1998 (C. ily Clerk Transmittal 215/98, Driver Letter) MOTION by Taracka/Cartwright I move to accept the resignation of Larry Driver from the Recreation Advisory Board effective February 5, 1998. ROLL CALL: Mr. Banes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Tree Advisory Board 1. Accept Resignation ofMllrtha Wininger__(¢ity Clerk Transmittal 1/27/98, Wininger Letter) MOTION by Sullivan/Taracka I would so move. Mrs. Cartwfight said for the record, that Mrs. Wininger resigned on January 26, 1998 and that qualifying ended January 23, 1998. Regular City Council M~ting February 11, 1998 Page Nine ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright MOTION CARRIED 5-0 - aye - aye - aye - aye - aye 98.041/ 97.166 First Reading of Ordinance No. O-98-04 - Shared parking Ordinance - Schedule Second Reading and Public Hearing for 2/25/98 (Dir~t0r of Conlmunil~ Development Transmittal !/30/98. 0-98-04) AN ORDINANCE OF THE cn"Y OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDR,IG CONDITIONS; PROVIDINO FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDRqO FOR AN F. kIECTIVE. The City Attorney read Ordinance No. O-98-04 by title. The Director of Community Development cited two February 5, 1998 Planning and Zoning recommended amendments (see pages 6 & 7 oftbe Planning and Zoning minutes attached). Mrs. Camvright said there needs to be language added m address shared use on a single site such as a strip mall. The City Attorney said staffwas directed to come back with language for agreements between separate owners that would be more enforceable than what was currently in the code. Mrs. Sullivan suggested that on page 2 - line 26 500 feet be reduced to 300 feet. The City Attorney stated the recommended language from Planning and Zoning was a policy issue for Council. Tom Collins, Captain Hirams, agreed with Planning and Zoning recommendations, noting this is not a tree shared parking ordinance as written, and agreed with the reduction of the 500 foot requirement. Keith Miller, 961 Riviera Avenue, Sebastian, TAPE II - SIDE II (9:32 p.m.) recommended that handicapped parking be considered when adding uses and parking areas. It was the consensus of Council to reduce the distance to 300 feet. 9 Regular City Council Meeting February 11, 1998 Page Eleven 98.042 16. and recommended allowing as a temporary use in all zoning districts and establish reasonable safety standards. Mrs. Cartwfight was excused from 10:28 p.m. to 10:31 p.m. At 10:29 p.m., Mayor Barnes called for a motion to extend the meeting, MOTION by Sullivan/Taracka I would so move. ROLL CALL: Mr, Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - absent - nay - aye - aye MOTION CARRIED 3-1 (Paul - nay; Camvright - absen0 Harry Thomas, 654 Balboa Street, Sebastian, asked that Council pass this ordinance in some form. Reverend Clifton Cooley, said he'd rather have thc noise of thc mulcher for three weeks than have trucks running up and down his street. The majority of Council concurred with changing the ordinance to provide that mulching machines be located at least 250 feet from all property lines, to include a provision for safety features, and prohibition of tracks from local residential street. Staffwas directed to come back with a revised ordinance for another first reading. Directional Signs in City Right-Of-Way - Provide StaffWith Direction (Director of Community Development_Trlmsmitlal 2/5/98) The City Manager suggested that if Council wanted to allow these directional signs the City could either make the signs itseffor establish specific standards for the signs. Reverend Clifton Cooley, Calvary Baptist Church, presented letters and photos of the six signs they were requesting. City Council concurred with allowing small directional signs such as these in right-of-way, look at the proposed signs, and have staff come back with standards for the signs. City Council Matters were not addressed. Being no further business, Mayor Barnes adjourned the Regular Meeting at 11:00 p.m. 11 ITEM NO. ROLL CALI~ 1 Mr. taracka ~" Mr. Paul A/' Mrs. Sullivan Mr. Barnes ITEM NO. ROLL CALL 2 Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright ITEM NO. ROLL CALLA Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul ITEM NO. ROLL CALL 5 Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND City of 8ebast. 1225 MAiN STREET ri SEBASTIAN, FLORIDA 329~ TELEPHONE (561) 58%5330 [] FAX (561) 589-25, MEMORANDUM DATE: TO: FROM: SUBJECT: February 10, 1998 Mayor Barnes and City Council Robert Massarelli, Community Development Director Analysis of Mulching Machine and Shared Parking Ordinances by (LPA)Planning and Zoning Commission I am providing reports of the discussion and analysis by the (Local Planning Agency), Planning and Zoning Commission on Ordinances 0-98-07 and 0-98-04 at their February 5, 1998 meeting. This information will help to explain their reasons for their recommendation to City Council, and will show that they had an in-depth discussion of many issues related to these ordinances. /AB cc: Kay O'Halloran, City Clerk Tom Frame, City Manager Valerie Settles, City Attorney CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF FEBRUARY 5, 1998 Chairman Munsart called the meeting to order at 5:05 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Munsart Ms. Kilkelly(a) Ms. Vesia Mr. Thomas Mr. Pliska Mr. Schulke EXCUSED ABSENCE: Mr. Mather Mr. Fischer ALSO PRESENT: Robert Massarelli, Community Development Department Ann Brack, Recording Secretary Mr. Massarelli suggested that the Ordinance Review be covered first because of possible time constraints and the fact that these are scheduled for the City Council agenda on February 11, 1998. All commission agreed to this change. NEW BUSINESS: ORDINANCE REVIEW - Ordinance 0-98-07 - Regulation of Commercial Mulching Machines Mr. Massarelli described the history of this ordinance beginning in October, 1997, when the City Council asked the staff to develop an ordinance to regulate stationary mulching machines and permit them only in a particular area. He continued that the staff drafted an ordinance that made stationary mulching machines a conditional use within the Industrial zoning district. City Council recommended to make it a conditional use in all zoning districts and put a series of conditions on it such as, 100 ft, 500 ft, and 1,000 ft. setbacks for varibus things. He noted that this Local Plann/ng Agency recommended a uniform setback of 100 ft., but with a protective barrier sealed by an engineer and criteria for truck hauling routes, etc.. He indicated that the LPA's recommendations and the first draft of this ordinance went to City Council and they agreed on a 3 - 1 vote that that was a good idea. Staff was directed to redraft the ordinance making it a conditional use in all zoning districts with the criteria spelled out. He then explained that after reworking this ordinance and taking it back to City Council, on a 3-2 vote they rejected it. He noted that the Council desires that these machines be considered "commercial" mulching machines instead of "stationary" mulching machines; they want it as a special use permit LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 so they would have to approve it, not P & Z; it would be only in an industrial zoning district; it would only be on a ten acre piece of property; and it would be stationary on a site. Mr. Massarelli indicated that copies of the ordinance implementing the requests of the City Council are before this LPA tomght. He reminded Commission members that they will be making a recommendation to City Council for consistency with the Comprehensive Plan. Mr. Schulke asked if there was any industrial property that meets this ten acre criteria, and Mr. Massarelli responded that there is some by the Airport, and he pointed to the Future Land-use map and noted that in the process of changing some land-uses, the Morchesky Sand Mine, Fey's property, and probably Vickers Grove Industrial subdivision would probably exceed this criteria. In response to a comment from Mr. Pliska that the Vickers property wasn't wide enough, Mr. Massarelli responded that City Council did not put any other criteria on the size of the property and did not specify any width. Mr. Massarelli noted that Council did not address setbacks, hauling, covering materials in trucks, protective barrier, or anything like these. Mr. Pliska commented that the ordinance as recommended by City Council is not feasible because it does not address anything under their direction. He noted that the LPA's original layout addressed all of these issues including space differences, and the safety factors. Mr. Thomas voiced his opinion that the LPA should reject this ordinance. There was further discussion on criteria that was examined by the LPA in the original development of this ordinance. Mr. Pliska suggested rejecting City Council's recommendation. Mr. Thomas noted that this ordinance is too ambiguous; a property could be one inch (1") wide and a thousand miles long, and it does not address the safety issue. On a ten-acre site he suggested that distances (length and minimum width) should be called out, along with the screening. Mr. Schulke suggested that LPA should reject Council's recommendations, and return to the original proposal by the LPA. He questioned whether or not Council members had enough knowledge and experience on this subject to properly work up this criteria. Mr. Massarelli spoke about "vagueness" in many arefis of the LDC and the difficulty this poses for enforcement. He mentioned the workshop of the previous evening between City Council and the Code Enforcement Department, with staff and public input. He recommended being very specific on the requirements for the mulching machines, such as was done in the LPA's original recommendation with distances, protective barrier, hauling routes, and all the details that LPA worked on previously. Mr. Thomas commented that when people talk about a ten-acre site, they probably visualize a rectangular piece of property, but when examining it closer, they can realize that ten acres can be any shape, which would defeat the purpose of making it a stationary machine. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Pliska noted that the issue of the size of the property was thoroughly discussed by LPA and it was determined down to a five-acre size. Everything .involved with safety was discussed and he noted that because of a lack of statistics or reporting, Sebastian may be the first ones to address the safety issue, which he thought was clearly met. He noted that the LPA didn't leave a single issue out of that discussion, to his knowledge. He then noted that at the rate Sebastian is growing, he didn't feel that there would be very many permits to be obtained for mulching, and gradually, mulching would become almost "nil". Mr. Thomas noted that if he were a contractor, he would be tickled to death with this ordinance as devised by Council. Mr. Pliska continued that the way that LPA addressed this ordinance, it met all the safety concerns and all the traffic and economic impact to the City. He didn't believe it should be changed and he believed that LPA should reject it and that City Council should work off the original format recommended by LPA. Ms. Kilkelly asked if mobile mulching machines would still be allowed in the City, where mulching could be done on site. Mr. Massarelli explained that mobile mulching machines would be the small ones that are pulled behind a vehicle such as what the Power Company uses, or homeowners use. Ms. Kilkelly then noted that she is against the latest version of Ordinance 0-98-07 because it does not meet the safety and welfare requirements for the City. Chron. Munsart agreed with Ms. Kilkelly, and noted that his opinion was just about the same as hers. MOTION by Kilkelly/Thomas i recommend to City Council that they re-evaluate Ordinance 0-98-07 and recognize that it's against the health, safety and welfare of the residents of Sebastian, and that they go back and consider the previous recommendation of Planning and Zoning. Discussion: Mr. Schulke suggested adding to the mo~ion a few reasons why this Board thinks it is against the public welfare and safety, or just let Bob explain it. Mr. Massarelli suggested that it would be helpful if this Board would articulate it, but it may not need to be in the motion. Mr. Thomas noted that the ambiguity of the ten acres is one big reason. Mr. Massarelli suggested that the motion be voted on, and the specific reasons can be recorded. Roll call: Mr. Pliska - yes Mr. Schulke - yes Ms. Vesia - yes Chmn. Munsart - yes LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Thomas - yes Ms, Kilkelly - yes The vote was 6 - 0. Motion carried. There was discussion on the reasons why this Board rejected the Council recommended ordinance and the following issues were noted by Mr. Schulke: 1. site being an infinite or undetermined length or width and these machines could be placed close to the public right-of-way or adjacent to other property. 2. It doesn't address the safety issues of the machine; we tried to add a deflector. 3. It doesn't address traffic issues. 4. Mr. Pliska added that it doesn't address the economic impact.. 5. Mr. Schulke suggested that it might cost the City more if they ever build the storm-water system. He also noted that the price of housin~ will increase with the cost of the mulching operation. 6. It doesn't address the increase in truck traffic on our streets ORDINANCE REVIEW - Ordinance 0-98-04 - Shared Parking Mr. Massarelli gave the history of the Shared Parking 0rdmance, noting that the LPA recommended rejecting any changes in the shared parking provisions in the Code. He noted that it went to City Council and they asked the City Attorney to get together with Les Solin to come up with language that would be acceptable. Mr, Massarelli, Ms. Settles and Mr. Solin worked together, obtained ordinances from around the country to see what other people are doing with shared parking, and boiled it down to this recommendation. He noted that because of LPA's previous interest in this ordinance, he felt it should be brought back before them for their input to City Council. He then proceeded to identify situation.~ where shared parking could be utilized: If there are two separate parcels of land, there can be an agreement to share the parking, and that agreement would be binding on both parties and be part of the site plan review process, and the City would have to approve any change of use if one went out of business, etc., and it would have to be constantly monitored It does not provide for shared parking on a single lot. He gave an example of a shopping center with a movie theater where shopper traffic would peak at 5:00 pm or so, then the theater is open at night, and there is an overlap where separate parking is not needed. This is not allowed in this code. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Thomas - yes Ms. Kilkelly - yes The vote was 6 - 0. Motion carried. There was discussion on the reasons why this Board rejected the Council recommended ordinance and the following issues were noted by Mr. Schulke: 1. site beine an infinite or undetermined length or width and these machines could be placed close to the public right-of-way or adjacent to other property. 2. It doesn't address the safety issues of the machine; we tried to add a deflector. 3. It doesn't address traffic issues. 4. Mr. Pliska added that it doesn't address the economic impact. 5. Mr. Schulke suggested that it might cost the City more if they ever build the storm-water system. He also noted that the price of housing will increase with the cost of the mulching operation. 6. It doesn't address the increase in truck traffic on our streets ORDINANCE REVIEW - Ordinance 0-98-04 - Shared Parking Mr. Massarelli gave the history of the Shared Parking Ordinance, noting that the LPA recommended rejecting any changes in the shared parking provisions in the Code. He noted that it went to City Council and they asked the City Attorney to get together with Les Solin to come up with language that would be acceptable. Mr. Massarelli,. Ms. Settles and Mr..Solin worked together, obtained ordinances from around the country to see what other people are doing with shared parking, and boiled it down to this recommendation. He noted that because of LPA's previous interest in this ordinance, he felt it should bo brought back before them for their input to City Council. He then proceeded to identify situations where shared parking could be utilized: If there are two separate parcels of land, there can be an agreement to share the parking, and that agreement would be binding on both parties and be part of the site plan review process, and the City would have to approve any change of use if one went out of business, etc., and it would have to be constantly monitored. It does not provide for shared parking on a single lot. He gave an example of a shopping center with a movie theater where shopper traffic would peak at 5:00 pm or so, then the theater is open at night, and there is an overlap where separate parking is not needed. This is not allowed in this code. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Massarelli then noted that if there is a parcel of land with multiple uses on it, parking for all the uses will have to be addressed independently then totaled. Several LPA members noted that this is contrary to the purpose of shared parking. Mr. Pliska noted this would be a hindrance; Chmn. Munsart noted this does not accomplish the purpose; Mr. Schulke noted that this in contrary to APA planning recommendations. Mr. Schulke noted that the concept of shared parking indicates an overlap such as a bowling alley and a doctor's office, and instead of needing 30 parking spaces - fifteen (15) for each use - they would only need 25. He noted that there are methods recommended by the American Planning Association to calculate that, but this proposal is not allowing that. He then asked Mr. Massaretli to explain condition 1, the "highest cumulative total". Mr. Massarelli responded with an explanation. Mr. Schulke asked if this ordinance was rewritten under Council direction, or did staff write it and do they agree with it? Mr. Massarelli responded that he's not sure what City Council wants. Mr. Thomas gave his definition of shared parking, noting that there are two issues involved here; one being a "strip mall" with multiple uses sharing a common parking lot; and the other issue like the Mexican restaurant next to Fischer's office building on South U.S. 1. He noted that after the offices at Fischers building close, usually around 5:00 pm, he saw no reason why the restaurant couldn't use Fischers parking lot. There was discussion by Ms. Kilkelly and Mr. Thomas about the Council meeting that this issue was discussed, and Ms. Kilkelly suggested that this issue seemed to be aimed at one business on the riverfront. She felt the riverfront should be separated from the rest of the City instead of applying this Ordinance to all of the City. Mr. Pliska spoke of shared parking being an economic issue, and open space would be affected as well, and he felt that the City would be preserved better with shared parking. Ms. Kilkelly noted that she felt that whatever parkin~ spaces were saved by shared parking could be required to be maintained as open space or green area. Mr. Pliska agreed and noted that if, in the future, more parking was needed, the land would be there to expand with extra parking. He noted that if all the land is used to the maximum, there could be no extra land preserved for the future. Mr. Thomas noted the new map of the Riverfront, which indicates two different types of mixed- use, and suggested that maybe the answer to this is to develop a parking scheme for the riverfront area, then the shared parking issue almost goes away. Mr. Massarelli noted that that is a possibility. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 Mr. Massarelli noted that he's not sure what the problem is that needs to be fixed. He mentioned Hurricane Harbor, whose shared parking hasn't worked, and the second one is Captain Hiram's proposed hotel on the west side of Indian River Drive. He noted that the shared parking was adequate on the site plan. There was discussion on Angler's Obsession moving from Hurricane Harbor to the Skidmore dock. Mr. Pliska noted that if City Council came in with real specifics, show the headache. Mr. Massarelli reminded Board members that City Council doesn't have to justify their decisions, they are the policy makers. He noted that this Board has to respond to something they have done if it is consistent with the Comprehensive Plan or not, then make recommendations for improvement or no improvement. He noted again that he doesn't really know what the problem is. Mr. Pliska noted that shared parking so far doesn't seem to bother anyone or be a hindrance, and if it is working, why try to change something that's working. Mr. Massarelli noted that it is not working for Angler's Obsession at Hurricane Harbor. Mr. Pliska noted that that is one place. He suggested that this particular site could be addressed, but felt the entire rest of the City should not be changed because of this one problem. Mr. Thomas referred to page 2, item 5. of Ordinance 0-98-04 and suggested this almost describes Captain Hiram's. Mr. Massarelli noted that the Community Development Department used item 5 all the time. When Captain Hiram's or any other establishment comes in with a new occupational license, it must be shown on the site plan where the additional parking places are. He noted calculating the parking spaces at Washington Plaza. Mr. Thomas asked all the Board members if they could solve the problem that everyone seems to think exists here by defining shared parking and why it is needed. He indicated that he felt there was very little wrong with this, except that it has pointers pointing at different areas. Mr. Massarelti explained that items 1 through 6 are in the existing code, and item 7 is being changed or replaced with different language. There was discussion about condo4ype ownership of offices or retail businesses, and who owned the parking lots at these places. Mr. Schulke referred to page 2, item 5., and suggested addmg some language to this. MOTION by Thomas/Schulke I so move that we make a recommendation to the Council that we approve Ordinance 0-98-04 as written with the following amendments: LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1998 (adding to 20A-8.3, paragraph 4,) However, time dependent shared parking reductions to the total parking required based on peak hour use may be considered, if a parking study is prepared by qualified personnel in conformance with published A.P.A. or I.T.E. recognized standards or other similarly recognized standards, and such study and standard used shall be approved by the Planning and Zoning Commission as part of the site plan review process. Previously approved time dependent shared parking does not vest a property owner with any fights when there is a new use. Discussion: Chmn. Munsart noted a typo on page 3, paragraph 4. Ms. Kilkelly noted removing the word "highest" from "highest cumulative total..." in item 7.1. on page 2 Roll call: Ms. Vesia - yes Clmm. Munsart - yes Mr. Thomas - yes Ms. Kilkelly(a) - yes Mr. Schulke - yes Mr. Pliska - yes The vote was 6 - 0. Motion carried. (2/10/98 AB) 3-29 98.034 31-37 98.035/ 97.138 39 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 - 1/21/98 Special Meeting, 1/22/98 Workshop, 1/28/98 Regular Meeting, 2/2/98 Workshop Authorize City Manager to Enter Into Agreement with St. Johns River Water Management District to Plug Artesian Well Behind Post Office - City 50% of Cost - Not to Exceed $3,000 (City Manager Transmittal 1/28/98, Agreement with Exhibit A) Approve Change Order on Purchase Order 1521 for Craven Thompson - Barber Street Sports Complex North Improvements - Engineering Services Through December 1997 in the Amount of $2,250 (Public Works Director Trafismittal 1/29/98) The City Manager read the consent agenda. MOTION by ~o/t~ ~__~ 7''~ I move to approve items ~, B, and C of the consent agenda. re2 ROLL CALL: Mrs. Cartwright - aye '1 Mr. Paul aye ) Mrs. Sullivan aye Mr. Barnes aye Mr. Taracka aye MOTION CARRIED 5-0 }[telg A - Minutes I move to approve item A...~._ re3 ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwdght MOTION CARRIED 5-0 4 - aye - aye - aye Item B - Plug Artesian MOTION by I move to approve item B. (authorize the City Manager to enter into an agreement with St. Johns River Water Management District to authorize SJRWMD to plug the abandoned artesian well behind the Post Office and invoice the City 50% of the cost not to exceed $3,000.) rc4 ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 Item C - Craven Thompson Charlg; Orit~ MOTION by I move to approve item C. (authorize a change order on Purchase Order 1521 to Craven Thompson & Associates in the amount of $2,250 for the completion of inspection services through the end of December 1997.) rc5 ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs, Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 10. PUBLIC HEARING - None 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 6 12. 98.008 41-56 COMMITTEE ]~PORTSfRECOMME~ATIONS Board of Adjustment 1. Intervie,~ and Appoint to Three Positions as Follows; (City Clerk Transmittal, Five Applications, Board List) MOTION by "~ C I move to appoint rel ROLL CALL: Mr. Taraeka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Regular Member ToIlll ~o Exl~j~0 6/9~ regular member term to expire 6/98. - aye - aye - aye - aye MOTION CARRIED 5-0 b. Reguhlr Member Term to Expire 6/99 MOTIO~q by ~ I move to al~point re2 ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka regular member term to expire 6/99. - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Alternate Msmber Term to Expire 6/99 I move to MOTION by re3 ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright MOTION CARRIED 5-0 alternate member term to expire 6/99. - aye a]O - aye ,{W~ - aye Y - aye ~ - aye 7 7 98.036 57-58 98.037/ 97.201 59-60 98.038 61-62 Co Do plannixtg, and Z. or~ing Commission 1. Accept Resi~tion ofLar~.Dxjyer Effe~fiye February 5L 1998 (City Clerk Tr~,tl~ittal 2/5/98, Drivgr Letter~ / MOTION by '7~'/~ I move to'accept the resignation of Larry Driver fi.om the Planning and Zoning Commission effective February 5, 1998. rc4 ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Ma'. Taraeka - aye Mrs. Cartwright - aye Ma'.Paul -aye MOTION CARRIED 5-0 Re~l'~tiol~ Advisory ConlrOittee 1. Acc~t Resignation of Lany_Driy$£ l"2ffe~tive Febru0x~ ~., 1.~9.,98 (City Clerk Transmittal 2/5/98, Dri. yer Letter) MOTION by ~"/C I move to' accept the resignation of Larry Driver fi.om the Recreation Advisory Board effective February 5, 1998. re5 ~ ROLL CALL: Mr. Barnes Mr. Taracka Mrs. Canwright Mr. Paul Mrs. Sullivan - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Tree Advisory Boar4 1. Accept Resignation ofMartha Wiainger £CiW Clerk ~a~mittal 1/27/98, Wininger Letter~ MOTION by ~/ ~ I move to accept the resignation of Martha Wininger from the Tree Advisory Board effective immediately. rcl ROLL CALL: Mr. Taraeka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 98.039 63-68 13. 14. OLD BUSINESfi - None NEW BIJ$INESS A. Lions Club of Sebastian. hag, Request for Use of CommuniW Center for 4th of July Fundraiser Breakfast - 3/28/98 - 6:0..0 am to 2:00 pm - Collection of DonatiQns and Fee Waiver Requested (City Clerk Transmittal 2/5/98, Lions Club Letter 2/4/98, Rules, Application) 98.040/ 97.163 69-74 MOTION by I move to approve the request of the Lions Club and waive the fee for use of the Community Center due to the fact that this is a 4th of July fundraiser. re2 ROLL CALL: Mrs. Cartwright - aye '~ Mr. Paul - aye / Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 ~k.l~pr0¥~ Paul Kroegel Statue Manag~oent Agreement and Auth0riz~_~ity Manager to Ex¢cuto (Director of Community Development Transmittal 2/5/98, R-97-35, Agreement) I move to approve the Paul Kroegel Statue Management Agreement and authorize the City Manager to sign it. ~ t~ ~ C/r/ 7~t~ re3 ROLL CALL: Mr. Paul - aye -/ ~6~/~'''' /7/t~' ~ ~s. S~liv~ - aye ~ /~ } ~O0/~r/ ~. B~es - aye ~ ~. T~acka - aye ~ ~s. C~t - aye ~ MOTION CARRIED 5-0 9 98.041/ 97.166 75-82 First Reading of Ordinall~:~ No. O-98-04 - Shared Parking Ordinance - Schedule Second Reaqlirlg oad Public Hearing for 2/25/98 (Director of Communil~' Development Transmittal 1/30/98,. 0-98-04) Alq ORDINAlqCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIlrlCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE. The City Attorney read Ordinance No. 0-98-04 by title. I move to app/ove the first reading of Ordinance 0-98-04 and set a public hearing and second reading for February 25, 1998. rc4 ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul MOTION CARRIED 5-0 - aye - aye - aye -aye 10 98.006/ 97.195 83-88 First Reading of Ordingrlce No. O-98-07 - Stationary Mulching Ordinance. $c~d~ll~econd gea.ditlll ~d Public Heating for 3/11/98 (Director df (~ommunity Development Transmittal 2/5/98. ~ ' AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTy, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTAF~LISH CRITERIA FOR THE REGULATION OF COMMERCIAL MULCHING MACHINES AS A SPECIAL USE PERMIT; PROVIDINO FOR SEVF~A~ILrrY; PROVIDING FOR DEFINITIONS. PROVIDING FOR CODtHCATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE, ' The City Attorney read Ordinance No. 0-98-07 by title. OT ON I move to approve the tn-st reading of Ordinance 0-98-07 and schedule second reading and public hearing for March 11, 1998. rcs ROLL CALL: Mr. Barnes Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Paul - aye Mrs. Sullivan - aye ' a~ve MOTION CARRIED 5-0 II 98.042 89 ]Dir~ct~t)0,J_,.qi~s in C. ity Right-Of-Way - Provide StaffWith Dir~tk)n l~Director of Community Development Transmittal 2/5/98'} MOTION by I move ????? rcl (if needed) ROLL CALL: Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Banes - aye MOTION CARRIED 5-0 12 15. CITY COUNCIL MATTERS A. Mrs. Ruth Sullivan B. Mayor Walter Barnes C. Vice Mayor Richard Taracka D. Mrs. Louise Cartwright 16. E. Mr. Larry Paul Being no further business, Mayor Barnes adjourned the Regular Meeting. 13 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 569-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 11, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn 0'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Regular City Council Meeting February 11, 1998 Page Two AGENDA MODIFICATIONS_~DDITIONS AND/OR DELI~TIQ~I Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) ROLL CALL~. - aye - aye - aye - aye - aye 98.043 1 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATION~ A. Fiscal Year 1997 Audit Presentation ~inanct Director Transmittal 2/6/98~ 2 7. CiTY ATTORNEY MATTERS CITY MANAGER MATTERS City Council Workshop February 2, 1998 Page Thre~ Mrs. Sullivan objected to the two parcels on the east side of US 1 between Main Street and Washington Avenue going to Riverfront Commercial (CR) since it is currently Commercial Limited (CL). She suggested it be made Waterfi'ont Commercial/Residential (CWR). The City Manager recommended that some kind of provision be established to protect the older and historic homes in the US 1 corridor by considering existing residential to be conforming. The Director of Community Development suggested that existing residential be added to permitted uses in the Riverfront Commercial District (CR), and making parking lots without buildings on them conditional uses. Council concurred. The City Manager said Mrs. Sullivan's concerns about the two parcels on US I had merit due to the fact that they abut public and historic property. It was the consensus of Council to change the two parcels to Waterfront Commercial/Residential (CWR). The Director of Community Development, in response to Mrs. Cartwright, said no individual notice to property owners is required for city-wide rezoning hearings, however, there will be two display ads and staff will work closely with the press to be sure residents are notified of the hearings. Mayor Barnes said he was concerned about bars and lounges in the Riverfront Commemial District being adjacent to residential. The Director of Community Development said there is provision in the Code of Ordinances which prohibits bars and lounges within 450 feet of a church or school and that residential unit could be added. Following some discussion, it was decided to add "residential property line" rather than "unif' to this section of the Code of Ordinances. Being no further business, Mayor Barnes adjourned the Workshop at 8:25 p.m. Approved at the ,1998, Regular City Council Meeting. Walter W. Barnes Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 City of Sebastian, Florida Subject: Plug an abandoned artesian well cost shared with St. Johns River Water Management District (SJRWMD) Approved for Submittal by: City Manager Exhibits: Agreement with Exhibit A Agenda No. ¢ ~- ~ ¢ Department Origin: Public Works Date Submitted: 1-27-98 For Agenda of.' 2-11-98 EXPENDITURE REQUIRED: Up To $3,000 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: Up To $3,000 SUMMARY Pursuant to Section 373.207, the Florida Legislature has directed SJRWMD to locate all known abandoned artesian wells and insure that each is plugged in order to protect the public health safety and welfare and to extend the life of the states ground water supply. One such abandoned artesian well has been located and temporarily capped by SJRMWD in a City of Sebastian Right of Way. Section 373.207 provides for an agreement between SJRWMD and local municipalities where the cost of permanent well plugging is equally shared by SJRWMD and the municipality, and the City of Sebastian's cost is not to exceed $3,000 if the total cost exceeds $6,000. Attached is a copy of the a~eement including an exhibit A showing the location. (Power line Road. 1 mile south of the Post Office). This miscellaneous contract was not budgeted, however if approved, it will be paid out of the same line as the aquatic spraying. The cost would be covered by reducing the pond treatments for one month. RECOMMENDATION Move to authorize the city Manager to enter into an agreement with St Johns River Water Management District. SJRWMD will plug the abandoned artesian well behind the Post Office and invoice the City 50% of the cost not to exceed $3,000. . General Procedure for Owner-District Cost -SharingPro~ram The District contacts (or is contacted by) the Owner to determine information about a well. The well will be field checked to determine its existing condition and use. The District provides ale Owner wittl a Standard Agreement for cost-sharing, which the Owner will review, sign, and return to the District. The District's Governing Board signs the Agreement. One copy is returned to the Owner. The Owner is contacted by District staff, and the well is scheduled for preparatory work (if needed), and plugging or repairing, if the District determines the well can be repaired. The District and the Contractor perform the required work. The District invoices the Owner. contractual services, or a maximum of the total cost less OWNER's cost share as stated in Paragraph 2C below. D. Pay the licensed water well contractor for work performed. E. ' .... Invoice the OWNER for the OWNER's share of plugging cost. 2. THE OWNER shall: Grant to the DISTRICT permission and authorization to plug well(s) located on the OWNER's property, identified in Exhibit A, Well No. IR0934. Grant to t~e DISTRICT ingress and egress to the well site(s) and the right to transport, place and remove construction equipment and vehicles to plug or reconstruct the well(s). Provide monies to the DISTRICT to cover 50 percent of costs for all materials, site work and independent contractual services, in an amount not to exceed three thousand dollars ($3,000). If OWNER fails to pay the DISTRICT the full cost share amount within the time frame specified in paragraph 2D below, the OWNER shall be responsible for the payment of the total cost of the work or contractual services. Pay to the DiSTRiCT, within 60 days of receipt of invoice, the OWNERS's cost-share as described in Paragraph 2C above. 3. TERM: This Agreement shall commence upon the date of full execution and shall terminate upon satisfactory completion of the well plugging or reconstruction and subsequent cost reimbursement by the OWNER. If well plugging or reconstruction have not been undertaken and no costs have accrued, this Agreement shall expire one year from the date of full execution. 4. OWNER DEFAULT: If the OWNER fails to reimburse the DISTRICT for its cost-share within sixty (60) days of receipt of the DISTRICT's invoice, the DISTRICT may commence a cause of action in a court of competent jurisdiction to seek total cost reimbursement for the well plugging or reconstruction, or may seek a lien against the property of the OWNER as authorized pursuant to Sections 373.209(3)(a) and 373.436(2), Florida Statutes. In either case, the OWNER shall pay all costs and attorneys' fees. 5. RELEASE AND INDEMNIFICATION: The OWNER shall not claim any damages from the DISTRICT in connection with or on account of any injuries or damages arising in or on the property while being used by the DISTRICT and its agents, 0 ~ 0 -~ 0 i City of Sebastian I 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5490 [] FAX (561) 589-6209 City of Sebastian, Florida Subject: BSSC North Improvements Change Order to Craven Thompson & Assoc. Approved for Submittal by: Thomas Frame, City Manager Patrick Brennan, Director Date Submitted: 1/29/98 For Agenda of: 2/11/98 Exhibits: EXPENDITURE REQUIRED: $2,250 AMOUNT BUDGETED: $140,977 APPROPRIATION REQUIRED: 0 SUMMARY The construction contract for drainage improvements at Barber Street Sport Complex was completed in December 1997. Construction inspection services were performed by Craven Thompson & Associates (CTA). CTA's contract expired at the end of November 1997. Since the construction continued into December, it is requested that their contract be extended through the end of December. RECOMMENDED ACTION Move to authorize a change order on Purchase Order 1521 to Craven Thompson & Associates in the amount of $2,250 for the completion of inspection services through the end of December 1997. City of Sebastian 1225 Main Street Sebastian, Horida $2958 Telephone (561) 589-5530 FAX (561) 589-5570 Subject: Interview and Appoint Board of Adjustment Members Approved for Submittal by: City Manager Exhibits: Five Applications, Board List Agenda No., Department Origin: City Clerk Date Submitted: 1/27/98 For Agenda of.' 2/11/98 SUMMARY STATEMENT This office advertised for Board of Adjustment vacancies due to the three recent resignations and received five applications. RECOMMENpED ACTION Interview the applicants, unless waived by Council, and appoint three members as follows: 1) Regular Member Position - Term to expire June, 1998 2) Regular Member Position - Term to expire June, 1999 3) Alternate Member Position - Term to expire June, 1999 use additional sheets if' necessa~ or submit res~e if available) ~0. vo~ ~i~,:io~ no. /~C& ~ ~ ~ ........... , ...". .... : ' 7: 3'."" 11. Are ~ou a resident of- the Ct~? Ye No · 12. Length of Residency 13. Do you h01d a' p~blic ~ffice? Yes No 14. Do you se~e on a Ci~ Board a~ present? Yes_ No 15. PLEASE C~CK THE BO~(S) YOU ~E INTERESTED IN SERVING ON:' (Please n~ber ~n "order of preference with .first choice .... '--" ' ." being' ."1" ).,BO~ 'OF C~TERY C0~ITTEE · CODE ENFORC~ENT BOARD · CONSTRUCTION BO~D · PLYING ~ ZONING ~IC~PED C0~ITTEE 16. What qualifications do ~ou have to se~e on ~his board? 17. What reasons do you have for wishing to se~e on an adviso~ board? ~_? 5. BUSINESS ADDRESS: ..! 6. BUS~NESS [/ .. (use additional sheets if necessa~ or 'submit res~e if available) ! ! ! I I I I I I I I 11. 12. 13. 14. 15. Are you a resident of the City? Length of Residency Do "you' hold 'a"P~blic ~ffi6e'.4 -' Do you serve on a City Board at present? Yes ~'/N° Yes No~_~_ Yes~/ No- PLEASE CHECK THE BOARD(S) YOU-ARE-INTERESTED IN SERVING ON: i(PleaSe number in ord~e_r.'.pf.pref.e_rence with first choice ' being "1") *BOARD'" OF"'ADJUSTMENT '' ''~":' ........... '" CS~ER~ CO~ZT'~EE *CODE ENFOSCS~E~ *CONSTRUCTZON BOARD *PLANNING AND 'zON'rNG HANDICAPPED COMMITTEE What qualifications do you have~ to serve on thi. s board.? / 17. What reasons do you have for wishing to serve on an advisory board? I I I i I I I I i I I i F~i~h D. Miller 961 Riviera Avenue Sebasttan~ FL 32958 (407) 388-9004 OBJECTIVE: Seeking a responsible and rewarding plumber's position where previous experience, ability, and education will be of mutual value and allow for potential growth in a new fled of endeavor. ~PERIENCE: THE DEPARTMENT OF MARI~ AND AVIATION 1983 - 1985 Plumber Duties include: - Supervises/directs and is responsible' for plumber's helpers in altering, repairing, extending, and maintaining plumbing, drainageS-and gas systems -Makas dec~sions...relattve to methgds of doing work - Prepares work schedules - Makes work assignments - Inspects equipment; fiX=utes, and piping Systems in order to be able to properly maintain - Prepares job orders and requisitions for tools, materials, and equipment - Keeps records and makes reports 1975 - 1983 THE DFWARTMENT OF CORRECTION Duties include the same as above 1971 - 1975 AL TROMER PLUMBING COM~ANY Duties include: - Assisted plumber in preparing tools and materials for work - Obligated for om-the-job clean-up - Responsible for plashing vehicles - Maintained pl-mhing shop - Performed related dumies 1969 - 1971 SERV~ IN THE UNITED STAT~5 ARM~ 1966 - 1969 R. J. LI~ICH, INC. Duties include: - Spray-painting, sandblasting, welding, and torch-burming of. machines - Repaired bowling equipment - Renovation of bowling machines and alleys - Installed bowling machines USINESS: ~73k mD BUSINESS ADDRESS: 9. :":':~i"RESU~E" OF.'.EDUC.A'TION_ AND EXPERIENCE: ~-~O(,,~7~D /::~/-~ ~F~~ ~/~ ~ ~.:' .' _~F _:T ~'~ . . (use.. 9dditi0na4'shee~s if neC;s~a~"'°r :Submit'res=e if' available)' ' ~a~ 10. Voter registration no. ""~ .,' .......... 5 -- .: ...... 11. '":Ar~'-¥oU' e resident of the City? 12. Length of Residency ~m~3 13. -Doyou hold a ublic.office?__--- Yes No 1~. DO you serve on a City'Boa~d at present? Yes No~ 15. PLEASE .CHECK.THE BOARD(S) YOU :ARE INTERESTED IN SERVING ..--."~i':(Please .number .in'order of preference with first choice '.'..' bei~ :- ..... .......... CEM~.TER¥ COMMT?TE~. *CODE ENFORCEMENT :BOARD ~CONSTRUCTION ~OARD ' ~PLANNING AND :ZONING HANDICAPPED COMMI?TEE What qualifications do' you have to serve on this board? board? 16. 17. What reasons do you have for wishing to ser~e cn an advisory PPLICATION TO SERVE ON CITY BOARD 2. 3. 4. 5. 6. NAME HOME ADDRESS: HOME TELEPHONE: BUSINESS: ~ BUSINESS ADDRESS: . ~...... . ~ - . . . ~... ~,-..~- : .... (use additi~nal Sheets' i'f necessary or submit resume if available) 10. .11. · ,, ..- ~,. ', ..._~ ,-.~ · .~ ., ~ .~-,~.~' 13. --.Do ~ou hold-apublic%office?,.,.%v~.7' 14. Do you serve on a City Board at present? Voter registration no. Are you a r~ident of th~ Length of Residency', Yes No . ':' Yes No Yes No / 15. PLEASE· CHECK~.-THE BOARD(S) YQU.:,:ARE INTERESTED IN SERVING ON: --. .... (Please· numbe~.in',order of preference with first choice·. ,::' ' ~':' ':~:'?' being~ ." 1" )': ............ ' .......... '""~'~-~ ....... ............... : ::--,.' .... :i'i ...... . - :: ~"~F'~,: '"*BOARD'OF'ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to 17. What reasons do you have for wishing to serve on an advisory . 3. 4. APPLICATION TO SERVE ON CITY BUSINESS: ~, 5. BUSINESS ADDRESS: 6. BUSINESS TELEPHONE: ?. SOCIAL SSCURi~ NU~ER: ~J~ ~Z ~ /ff 8.'' DRmVERS LmCEN~.E..NUMBER: ~ '~ - ~ ~h~ ~, 9. RSS~ OF SnUCATION~ SX~SRISNCE:. '~ %-' ~D - :...~ ~" . - .:.': .' _. ,~.7 ,..' ...2' ~ .................. (use additional' shee~s if necessa~_or submit res~e'if available) 10. Voter registration no. ~~" ~ _- ' · .: '-~: ' ' ~'~ :U--' .... _,.%':-Z' .; _.~-~. 11. Are you a resident of the 'City? 12. Length of Residency 1~.''~ D~ you- hold'-A-'~Ubli~'-~f~-e'. 14. Do ~ou serve on a City Board at present? Yes-Z/'.-No Yes No / Yes No '/~ 15. PLEASE CHECK THE-BOARD(S) YOU.ARE INTERESTED IN SERVING'ON: -, ...' ..'.( Please:'.number_~ni:iOrde~....~,f_~F~.~9....~...first ...chOice ~ ~'-' ..... . : ..... being " '"'"__. ............... '.. ..... ' .... :'"'-. :",.. :.". ::.,_.,':.:. I *BOARD-OF~jUS~NT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AND ZONING HANDICAPPED COMMITTEE .- board? ~..-> x ,: ._:-~x ,,,'~' 1~. What q,ualtficatiOns"do you' have'to serve on t~i-~, board~ 17. What reasons do you have for wishing to serve on an advisory I I I I I I '1 I I I I I ~,a~ER OF BO.~ ~RMS .~ ~ FOR EAC~ ~V,'~U~ ~ ^S OF m/97 ~ WILL BE REVISED AT THE BEGINNING OF EACH MONTH MEETINGS ARE HEID ON THE FIRST TUESDAY OF EACH MONTH AT 7:00 P.M. IN TIlE CITY COUNCIL CHAMBERS. ROBERT A. CROCKETr 401 MIDVAI.F. TERRACE SEBASTIAN, FLORIDA 32958 358-1084 HOME 388-1044 BUSINESS BOARD OF AD.IUSTME1WI' THREE YEAR TERMS APPOINTED REG~ MEMBER POSITION: 6/96 TERM TO EXPIRE: 6/99 (Currently in f~st ~ ~ ~I 2ND rc~,ul~r n~nber ~~ o~c~ ~P~~ 601 ~OR~ ~~POS~ON: 6/96 S~AS~, ~~ / ~ TO ~: 6/99 ~C~ P P ~PO 424 B~~ ~ON: 6/96 s~,s~,~om, n~ss ~ ~mto~: 697 C~~ ~~ ~~POS~ON: 6196 S~AS~, ~O~A 329~ ~ TO ~: 6/9~ (Currendy no full ~ ~12ND r~gul~r mcmb~ y~') GREGORY I. GORE 331 BELFAST TERRACE SEBASTIAN, FLORIDA 32958 5894565 HOME 589-0055 BUSINESS (Currently no full t~m and 2ND regular memix:r year) APPOIWrED REGULAR MEMBER POSITION: 6/96 TERM TO EXPIRE: 6/97 REAPPOINTED REG~ MEMBER POSITION: 8/27/97 TERM TO EXI~iR.E: 6/112000 72 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 329E~ TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUI~CT: Planning & Zoning Board Resignation AGENDA NO. q~ 0'~O DEPARTMENT ORIGIN: City Clerk DATE SUBM1TFED: 2/5/98 FOR AGENDA OF: 2/11/98 EXHIBITS: Letter fi.om Larry Driver Dated 2/5/98 APPROVED FOR 8UBMTITAL: City Manager:~~.~fl, EXPENDITURE REQUIRED AMOUNT BUDGETED N/A N/A APPROPRIATION REQUIRED N/A $_UMM~RY ~TATF, MENT Larry Driver submitted his resignation from the Planning & Zoning Commission effective February 5, 1998. RECOblMENDED ACTION Move to accept resignation of Larry Driver fi.om the Planning & Zoning Commission effective February 5, 1998. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 329E8 TELEPHONE (561) 589-5.'330 [: FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Recreation Advisory Board Resignation AGENDA NO. DEPARTMENT ORIGIN: City Clerk DATE SUBM1TrED: 215/98 FOR AGENDA OF: 2/11/98 EXHIBrrs: Letter fi.om Larry Driver Dated 215/98 APPROVED FOR SUBM1TFAL: City Manager: ~~/~ ~/-/~ ~ EXPENDITURE REQUIRED AMOUNT BUDGETED N/A N/A APPROPRIATION REQUIRED N/A SUMMARY ST&Ti~Ml[brr Larry Driver submitted his resignation fi.om the Recreation Advisory Board effective February 5, 1998. RECOMMENDED ACTION Move to accept resignation of Larry Driver fi'omthe Recreation Advisory Board effective February 5, 1998. City of Sebastian 1225 MAIN STREET Cl SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (:561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Tree Advisory Board AGENDA NO. ¢~- ~/~ Resignation DE?T. ORiGIN City Clerk DATE SUBM1TYED: 1/27/98 MEETING DATE: 2/11/98 EXHIBITS: Martha Wininger resignation letter dated 1/26/98 APPROVED FOR SUBMITTAL: City Manager: ~~ cc.), ~ EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: Martha Wininger hereby resigns from the Tree Advisory Board since she is now a candidate, for City Council. F, ECOMMENDED ACTION Move to accept resignation ofMartha Wininger from Tree Advisory Board, effective immediately. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 329E8 TELEPHONE (561) 589-5330 g FAX (561) 589-E570 CITY COUNCIL AGENDA TRANSMITTAL StrI~CT: Lions Club Use Of Community Center DEPARTMENT ORIGIN: City Clerk DATE SUBMITTED: 2/5/98 FOR AGENDA OF: 2/11198 EX}HBrrs: Letter from Lions Club dated 2/4/98; Rental Permit Application APPROVED FOR SUBMITTAL: EXPENDITURE REQUIRED AMOUNT BUDGETED N/A N/A APPROPRIATION REQUERED N/A SUMMakRY ST&TIS~[ENT The Lions Club requests use of the Community Center on Saturday, March 28, 1998 from 6:00 a.m. until 2:00 p.m. for a Pancake Breakfast. A $4.00 or $5.00 donation will be charged which will benefit the 1998 4th of July fireworks. This fund raising Pancake Breakfast is a new function. The Lions Club has a $100.00 deposit on hold with the City for use of Riverview Park. Historically, the use of the Community Center and Yacht Club have been granted to the Lions Club for 4th of July meetings at no cost. RECOMMENDED ACTION Review the request of the Lions Club and determine whether to waive the fee for use of the Community Center due to the fact that this is a 4th of July fundraiser. City of Sebastian I 1225 MAIN STREET n SEBASTIAN, FLORIDA 329E8 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 I I I I I I I I I i I i I Thank you for your inquiry concerning th.e u.se 9.f. a City, o,f Se.bastia..n F~iljty. I.am enclosing an application for your use should'you decide to use the tacfl~ty aha also nave hstea the rules and reguFations governing the use of facilities as adopted by Resolution No. R-94-SO. C~overn~n$ the R_enW R~t..ea ~And, S~.~.t3,_De~t~o~, its,(or .Th. e_Us¢ Of The SebSatian Community center ana ~ne oe~asuan YacM Club Section I. A. An application for a 1~. rmit to use the Community Center .or t~e Y ,achl: Club must be completed~n fqrms provided for such purpose by the City .Cler. l~. A~ a. pphcation rot a permit must be received by the City Clerk at least [wo weeks prior to thc date of the requested usc. I~. The City Clerk shall issue a use ~rmif: u~n a detcrminatio,n that the. requ.ested use i.s permissible pursuant to Resolution No. R-94-150 o. nd all fees have ~een p, aid. In the event the prop9_ seal usc include activities involving :zambling, al .coholi.c bc~¥.era~es~_ih, e ,u, se o.e the facility after 1 I:00 FM, or. if an admission charge is to'Be assessed, then t~e t.~ry t.~er~ snan nor i~sue a usc permit until directed to do so by the City Oouncil. . C. A use permit for a .g?ou~ composed of minor~ .~h~,ll be .i~ued. only to an aft. ult who ac. cep~ the total respons4bility ~or the supervision of each minor throushoutthe period covered by the permit. D. No admission fee or other charg.e .may be i.m. pg. sed..by the pe.rn3i,'tt~e un, less ,ex]press. lya. uthqrized in the use, pc. trait. Prior to issuance of th.e perr.m, t, th.e ~ry .cou.ncn snm~ nm~ce.a,aeterrmnatmn tha~ the proposea idmission charge of other fee ~s not mtende~l to further a commercm~ purpose. . £. The se,.~rvi,~n,gto[ food and/or use of kitchen facilities is prohibited unless specifically authorized in the use F. The a~plicant shall di~lose to the City Clerk the nam.re of the vropg, sed activity and the anticip, ated need Ir6r extra work for city personn~l. In the e_v.ent the city .Crerl/dete.rjEd..'nes the permittee yell cause extra work by city personnel as a result of the proposea us% an ackli~ional fee shell be charged in order to fully recoup such cost. G. No dewor~tio~#o£ any type shall be permitted without the prior approval of the city. Any decoration utilized mu,t ~ removed by permittee. ' H. In the event that sa .n:dolin$ .acdvi?y. is to be a. part o~f. th.e .l~.,r~.,'tted usc,,t,he ci~...council sh~_l n~. ,kc a determination tha~ such activity is not m contact w~m me generm mw ot me State or t~onaa. I. No Alcohoi~'c beverage ol~ any ~/pe ~may be .bro~ught qp to_,the..premj~,~, ,d, ispe,nsed, or.gtherwi~, cons. u?,ed without .l~i.'or authorizatmn or' the C~ .Cou, n.my, ~ne ~.ouncn snan ma~e speanc provisions m me permit v/ith regard to consumption ot alcononc laeverages. . J. The permittee shall not, under any circumstance-~, remove any chairs, tables, or any other equipment from the facility. IC Unless otherwise directed by the city council~ ail permitted activities shall cease no later than I 1:00 PM. L. The p~. rmittee shall bear the re~sponsibility fqr t..h.e control of t.h,e.,ljsh~ts, t. e mo.s%u., and o, the,r equipm, ent in the facili, ty. Further, the ~ .r~..'~tee sa.all mr re,~l~, ns~m~, mr .me ?.n.~ocNn$ a.na sup~quen,~ .~ ~ecuring or' ~-he doors of the facility. In. thee .even.t tha.~ .a.p .a. pp, ncan.t an. neap. areas anq spemm neeas w~.m regard to heating, air conditioning, or lighting, he shall d~,sc;ose the detads of such necessities to the city clerk at the t~me of the application. The clerk shall then determine if an additional fee is necessary. I I I CITY OF SEBASTIAN RENTAL PERMfT AFPLICA TION DATE:~-~5~L.q ,9 { ~/}COMMUNITY CENTER { ) YACHT CLUB . ADD'SS OF PEmI~E: [~° i ~~ ~ N~ME OF ORGANIZATION OR GROUP IF APPLIC~LE:~ ~ ' ~ REASON FOR RENTAL: ffT~ ---J~O I~ .~ ff'¢ '.~2o~ lC' APPROXIMATE g OF PERSONS ATI~NDING EVENT: REQUESTED DATE.'~haeh 2q''% TIME: FROM PLEASE ANSWER YZS OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? g. ARE YOU A RESIDENT OF SEBASTIAN7 $. 4. 5. WILL DECORATIONS BE PUT UP7 ~ ~,//)0 ,~,~_~d ~ WILL THERE BE AN ADMISSION OR DOOR CHARGE? ~'~'7~-:"~ -%d/ , WILL ALCOHOLIC BEVERAGES BE SERVED? ,,-'~O -' (a) IF ANSWER TO #5 IS FZ'~ PERMITFEE'S PROOF OF AGE: (B) IF ALCOHOL IS TO BE SERVED, PERMISSION IS REQUIRED BY CiTY COUNCIL. SECURITY DEPOSIT ;~_ff'~ RENTALS +7% TAX = $ // MAKE CHECKS PAYABLE ~tO: CITY OFS£BA577AN ~arA SERVICE FEE OF S% OR $20.00 (WHICH IS GREATER) A4A Y BE CHARGED FOR A DISHONORED CHECK PER FLORIDA STATE STATUTE 166.251. OFFICE USE ONLY SECURITY DEPOSIT PAID ON: RENTAL FEE PAID ON: DATE CASH CHECK INITIALS DATE CASH CHECK INITIALS ALCOHOL BEVERAGE REQUEST AT THE COUNCIL MEETING ON APPROVED/DENIED KEY PICKUP DATE: KEY RETURNED: SECURITY DEPOSIT RETURNED BY CITY CHECK #: FOR $ COMME,'~rs: ON: Subject: Agreement Approved for Submittal by: City of Sebastian, Florida Paul Kroegel Statue Management Agenda No. Department Origin: Community Development Date Submitted · t-e~. 5, 199E5 Exhibits: R-97-35, agreement EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None For Agenda of: f-~0-11, 1998 APPROPRIATION REQUIRED: None SUMMARY On June 11, 1997 the City Council approved resolution R-97-35 approving the location of a statue of Paul Kroeget in Riverview Park (copy attached). The staff has worked with the Indian River County Historical Society in developing a management agreement spelling out each parties responsibilities. Attached is a copy of the agreement. The City Attorney reviewed the agreement and has approved it. RECOMMENDED ACTION Approval of the Paul Kroegel Statue Management A~eement and authorize the City Manager to sign it. RESOLUTION NO. R-97-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE LOCATION OF A STATUE OF PAUL KROEGEL IN RIVERVIEW PARK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the Indian River County Historical Society has proposed the erection of a statue of Paul Kroegel, the first warden of Pelican Island National Wildlife Refuge; and WHEREAS, the Indian River County Historical Society has requested that the statue be placed in Riverview Park, east of Indian River Drive; and WHEREAS, The City of Sebastian is known as the home of Pelican Island National Wildlife Refuge; and such would be to educate the public as to the of the WHEREAS, a statue history first national wildlife refuge; and WlTEREAS, the statue will be paid for by private donations and grants, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. APPROVAL OF LOCATION. The City Council approves the placement of a statute of Paul Kroegel in Riverview Park east of Indian River Drive by the Indian River County Historical Society. The City Manager is authorized to work with the Indian River County Historical Society to determine the final location of the statue. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part or unconstitutional, of this resolution is invalid 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 assumed that the City Council would have enacted the PAUL KROEGEL STATUE MANAGEMENT AGREEMENT This Management Agreement (hereinafter "Agreement") is entered into this day of ,1998 between the City of Sebastian (hereinafter "City") and the Indian River County Historical Society (hereinafter "Society"): WITNESSETH WHEREAS, the Society funded the creation of the statue with funds from the Tourist Development Council; and WHEREAS, the Society funded the statue to commemorate the life of Sebastian's most.famous citizen, Paul Kroegel, first warden of Pelican Island; and WHEREAS, the Society received funding for the statue to enhance cultural amenities in Sebastian; and WHEREAS, the City funded the restoration and enhancement of Riverview Park with funds from the State of Flodda; and WHEREAS, the City funded the improvements at Riverview Park to stabilize the shoreline, enhance access, and provide education about the histodc and natural character of the area; and WHEREAS, the City is renovating public facilities at Riverview Park to conform to a histodc "Fishing Village" theme; and WHEREAS, the statue would complement interpretation about Pelican Island at the site; and WHEREAS, the Society and City share a common interest in highlighting Sebastian's history; and WHEREAS, the City desires to accept the statue and place it on City property; and WHEREAS, the Society agrees to maintain the statue. NOW THEREFORE, the parties hereto, for and in consideration of the statue, agree as follows: 1. The term of this Agreement is continuing in nature. 2. The Society will donate the statue to the City. City of Sebas_tian, Florida Subject: First reading of O-98-04, Shared Parking Approved for Submittal by: Exhibits: 0-98-04 EXPENDITURE REQI_ERED: None Agenda No. Department Origin: City Attorney ~ (vs) Date Submitted: January 30, 1998 For Agenda of~ February 11, 1998 AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY At the September 3, 1997 meeting, the City Attorney stated that she wished to work with Les Solin as to some alternative language relating to shared parking. The City Attorney, Mr. Solin and the staffhave developed language which would regulate the use of shared parking. As part of this review, ordinances from several other communities were reviewed. RECOMMENDED ACTION It is recommended that the City Council have the first reading of ordinance 0-98-04 and set a public heating and second reading for February 25, 1998. 02/05/98 DRAFT 1 2 3 4 5 6 7 8 9 lO 11 12 13 ORDINANCE NO. 0-98-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, A.M-ENDING SECTION 20A-8.3. OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABII~; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, the City Council of the City of Sebastian, Florida, desires to amend the 14 Land Development Code to establish criteria for shared parking; and 15 WHERE, AS, the City Council of the City of Sebasfiart, Florida, believes that it is in the 16 best interests of the health, safety, and general welfare of the community to do so, 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF SEBASTIAN, FLORIDA, THAT: 19 Section 1. Section 20A-8.3. of the Land Development Code, City of Sebastian, 20 Florida is hereby amended to read as follows: Sec. 20A - 8.3. Computation of parking spaces. In computing the number of required parking spaces the following rules shall govern: 21 22 23 24 25 26 27 28 29 30 31 32 Floor area calculation. Floor area means the gross floor area of a particular use. Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the next whole number. 02/05/98 DRAFT ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 The parking requirements shall be identified bv use on.ail site plans of the involv, e~d parcels. When there is a change of use or a new use is added to any parcel, the parking requirements for all parcels shall be identified by use and shall be approved by th.e.. Planning_and Zoning Commission. Previo~us!y approved shared parking does not vest a property owner with any rights when there is a new use. The property owner of any involved parcel shall notify the Community Development Department of any change of use. The owners of each parcel shall enter.into a Written perpetual agreement. Such an agreement shall be approved by the City Attorney. Additional documents, covenants, deed restrictions, or other agreements may be required by the City .Attorney. Any termi.nation of o,r amendments to such agreement shall be subject to the approval of the City. Such agreement shall be recorded by the property owners and a copy of the recorde..d. document provided to the City prior to the issuance of a certificate of occupancy, .. The City Attorney shall review such agreements if there are any changes in use. If, in the opinion of the City Att_orney, a new, agreement is required, the property owners shall enter into such agreement and record the agreement. In the case of a new use, a copy of the recorded agreement shall be provided t__o. the City prior to the issuance of a occupational license. The parcels involved shall be not be more than five hundred feet apart, measured from the nearest point.s of each i/arcet, and shall not have a state or county. arterial road or railroad separating the parcels. A single parking area may be used to service more.than one est. abiishme~-ib'd~emomaat~o~s-of~pe~atior~-o~he-estabtishmems 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/05/98 DRAFT in no way affecting the validity of the remaining portions or applications remaining in full force and effect. SectionS. EFFEC~ DATE. This Ordinance shall go into immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise 1L Cartwfight Coundlmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1998. CITY OF SEBASTIA2q', FLORIDA By: WalterW. Bames, Mayor ATTEST: Kathryn M. O~alloran, CMC/AAE (Seal) City of Sebastian, Florida Subject: First Reading of 0-98-07, Stationary Mulching Machines Agenda No. Department Origin: Community Development Approved for Submittal by: (RJM) ~ Date Submitted - February 5, 1998 For Agenda of: February 11, 1998 Exhibits: O-98-07, J uncil meeting minutes EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUII~D: None None SUMMARY The City Council has directed the staff to prepare an ordinance requiring that commercial mulching machines be permitted as a special use in an industrial zoning district on a minimum ten acre lot and that the machine be located on a permanent location (minutes attached). The staff has prepared ordinance 0-98-07 to implement the Council's direction. RECOMMENDED ACTION Hold first reading of 0-98-07 and schedule second reading and public heating for March 11, 1998. I 2 3 4 5 6 7 8 9 10 II 12 13 14 02/05/98 DRAFT ORDINANCE NO. 0~98-07 AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, AMENDING THE LA,ND DEVELOPM]ENT CODE TO ESTABLISH CRITERIA FOR TI4E REGUI~TION OF COMMERCIAL MULCq:IING MACmNES AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILiTY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the 15 Land Development Code to establish criteria for the regulation of commercial mulching 16 machines; and 17 WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the 18 best interests of the health, safety, and general welfare of the community to do so, 19 NOW THEREFORE, BE IT ORDAINED BY THE CTrY COUNCIL OF THE 20 CITY OF SEBASTIAN, FLORIDA, THAT: 21 Section 1. Article V. of the Land Development Code, City of Sebastian, Florida is 22 hereby amended by adding a section, to be numbered 20A-5.47, which section shall read as 23 follows: 24 Section 20A-5.47. Commercial mulching machines. Commercial mulching machines may 25 26 be operated only as a special use permit by the City Council. A. Conditions. The following conditions shall be satisfied for the issuance of a special use permit for a commercial mulchng machine: 27 ,I 02/05/98 DRAFT 7 necessarily dependent 8 unconstitutional.. 9 Section 5. Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or other such word or phrase in order to accomplish such intention. Section 4. SEVERABILITY. If any section or part of a section of th.i::. Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part ora 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 upon the section or part of a section so held to be invalid or CONFLICT. This Ordinance shall prevail over all other Ordinances 10 which are in conflict with this Ordinance. If any clause, section, or part or other application of 11 this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or 12 invalid, such unconstitutional or invalid part or application shall be considered as eliminated and 13 in no way affecting the validity of the remaining portions or applications remaining in full force 14 and effect. 15 Section6. EFFECTIVE DATE. This Ordinance shall go into effect 16 immediately upon its passage and adoption and authentication by the signature of the presiding 17 officer and Clerk of the City Council. 18 The foregoing Ordinance 19 20 was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: ,i i I i Subject: City of Sebastian, Florida Directional Signs Agenda No.... ~. Approved for Submittal by: EXPENDITURE REQUIRED: None Department Origin: Communi_'ty Development Date Submitted ' February 5, 1998 Exhibits: AMOUNT BUDGETED: APPROPRIATION None REQUII~D: None SUMMARY The Land Development Code defines "Directional Signs" as any sign, permanently or temporarily installed, on public property, by or with approval of the city or any authorized government agency (Sec. 20A-15.2). Such signs are exempt from permitting (Sec. 20A-15.3.7.). The staff has recently received a request from a church to locate a directional sign on the city's right-of-way. As indicated above, the code provides that such a sign is approved by the city. It is not clear as to who should approve the sign, the city council or the staff. I have discussed this issue with Ms. Campbell, the city engineer, who indicated that she would prefer not to have any additional signs on the city's right-of-way. The issues that need to be clarified are: 1) Should the city permit the installation of directional signs on city's right-of-way? Should such signs be limited to city property? 2) If such signs are allowed, who should approve the installation, the city council or the staff?. RECOMMENDED ACTION Provide the staff.with direction to the above issues. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA ;32958 TELEPHONE (561) 589-5330 cl FAX (,561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 11, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberate'on of the item by the City Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Police Chaplain Frank Camillo ROLL CALL 98.043 1 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS] Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) PROCLAMATIONS. ANNOUNCEMENTS ,eND/OR PRESENTAiYLON_$ A. Fiscal Year 1997 Audit Presentation (Finance Director Transmittal 2/6/98) CITY ATTORNEY_MATTERS CITY MANAGER MATTER~ 98.040/ 97.163 69-74 Approve Paul Kroegel Statue Management Agreement and Authorize City Manager to Execute (Director of Community Development Transmittal 2/5/98, R-97-35, Agreement) 98.041/ 97.166 75-82 First Rea.0illg of Ordinance No, 0-98-04 - Shared Parking Ordinml~ -~chedule Second Reading and Public gearing for 2/25/91! (Director of Community Deyelopmeot Transmittal 1/30/98,. O-98-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, IN-DIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILYrY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE. 98.006/ 97.195 83-88 First Reading of Ord~ce No. O-98-07 - Stationary Mulching Ordinanc~ -.$~:h~lul~ 5~,on~t ~tt. ili~g md Public Hearing fol' 3[! ![.911 (J)il:ector of C01iI~j~ Development Transmittal 2/5/98, 0-98-07) AN ORDINANCE OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE REGULATION OF COMMERCIAL MULCHING MACHJNES AS A SPECIAL USE PER_MIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 98.042 Eo Directional Signs in City Right-Of-Way - Provide Staff With Direction (Director of Community 89 Development Transmittal 2/5/98) 15. CITY C_O..U~ICI~ MATTERS Ao B. C. D. E. Mrs. Ruth Sullivan Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WItO DECIDES TO APPEAL ANT DECISION MADE BY THE CITY COUNCIL VeTTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) Vtql J. NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBA T1M RECORD OF THE PROCEEDINGS IS MADE, WttlCH RECORD INCLUDES THE TESTI3dONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HF_MRD. ('286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILI77ES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS ~NG SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS iN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings (Subject to Change) · RegularMeeting - Wednesday, February 11, 1998 ~ 7pm o Public Forum - Tuesday, February 24, 1998 ~ 7pm , RegularMeeting - Wednesday, February 25, 1998 ~ 7pm City of Sebastian I 1225 MAIN STREET Fj SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5330 [] FAX (561).589-5570 AGENDA TRANSMITTAL SUBJECT: FY96/97 City Financial Agenda No. Statements and Audit Reports Dept. Origin: Finance Finance Director ~ Date Submitted: 02/06/98 Approved For Submittal By For Agenda of: 02/11/98 Exhibits: Fiscal Year 97 Annual City Manager ~.~L~(~~-~-%n~ncial Statements and Audit Report EXPENDITURE REQUIRED: $ 0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 SUMMARY STATEMENT The City of Sebastian Financial Statements for the fiscal year ended September 30, 1997, have been audited by the City's independent auditing firm of Hoyman, Dobson & Co., P.A., and have been distributed to you under separate cover. RECOMMENDED ACTION Accept the audit report and direct the City Clerk to file a copy with the official records of the City. City of Sebastian 1225 MAIN STREET 0 SERASTIAN, FLORIDA 32~8 TEL~:PHONE (561) 589-$330 o FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, JANUARY 21, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited and there was a moment of silence in honor of Edra Young. ROLL CA4L I~ City Council present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cam~ght Mr. Larry Paul Mrs. Ruth Sullivan Staff Present: City Manager, Thomas Frame City Attorney, Valefie SeRies City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk. Sally Maio Special City Council Meeting Janua~7 21, 1998 Page Three 98.017 B. Resolutio..rl No. R-98-04 - Harbor Federal PUD Preliminary Development Plan and Site Plan (Director of Commuui[y De~telopment Transmittal 1114/98L R-98-4, Appli~otion, StaffReport. Map. Notices..Dreliminary Developme~[ plan [Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TI-~ pR~.IMINARY DEVELOPMENT PLAN AND srrE PLAN FOR HARBOR FEDERAL BANK AT SEBASTIAN LAKES SHOPPING CElq'i'EK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABIL1TY; AND PROVII)ING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-04 by title and Mayor Barnes opened the hearing at 7:15 p.m. Brim Cale, Ron Howse, P.A., Box 701323, St. Cloud, presented his request for PUD preliminary development plan and site plan and responded to questions from City Council. Mr. Paul and Mrs. Sullivan expressed concern about the City Engineer's statement "No commenf' in the staff report and suggested assurance it was reviewed and meets the code. The City Manager said he would be sure this was done in the future. The Director of Community Development reiterated conditions in his report, cited a letter received January 20, 1998 from engineer Ron Howse stating that imposed conditions will be complied with (see attached); and recommended approval of Resolution No. R-98-04. Mayor Barnes closed the hearing at 7:24 p.m. MOTION by Taracka/Paul I move to approve Resolution R-98-04. MOTION by Sullivan/Paul I would move to amend the motion simply to change that wording (the first page of the resolution, paragraph 3 to "The City shall not be responsible for the maintenance of the landscape easement.) ROLL CALL (amendment): Mrs. Cartwdght - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Banes - aye Mr. Taracka - aye MOTION CARRIED 5-0 I 1 Special City Council Meeting January 21, 1998 Page Five In response to Mrs. Sullivan, Mr. DeSanti said he would provide a twenty foot wide stabilized emergency access by the time preliminary plat is presented for approval; and said 17 lots are less than 60 feet. The Director of Community Development said the City Attorney had advised him that a conceptual plan approval binds the developer, however, the conceptual can be amended and the developer would then be bound to the amended plan. Joe Mayer, Bussen Mayer Engineering, responded to questions relative to filling in existing ponds adjacent to the library. Mr. DeSanti said the height of the one sto~y homes will be approximately 16 feet. The Director of Community Development recommended that the Winn Dixie site not be included in consideration of the PUD; said he will suggest to Indian River County that the library site be taken out of the PUD; recommended a temporary emergency access onto Grandeur Avenue until the development is completed; explained the difference in the conditions in the staff report and resolution; and recommended approval of Resolution No. R-98-05 with the following changes to the resolution: pg 1 - Section 1 - third line - after "sheets 1" add "as revised on 1/19/98"; pg 2 condition 6 - add "This access shall be a twenty foot stabilized driveway"; pg 3 - condition 18 change "the" to "their"; condition 19 - add "lots 62-69 inclusive"; and condition 21 - add "unless bonded". He said there is a memo from the City Engineer with suggested conditions which will be addressed when the preliminary plat comes back. TAPE II - SIDE I (8:30 p.m.) Mayor Barnes called recess at 7:35 p.m. and reconvened the meeting at 7:52 p.m. All members were present. Sonny Dean, Director of CJeneral Services, Indian River County, took exception to the change in condition 15 which removed written approval by Indian River County. Mr. Dill said it is inappropriate for one property owner to have veto fights for this project and said the developer intends to meet with Indian River County start'members next Monday. Mayor Barnes said the City. Attorney advises that changes can be made after the meeting with the County. James Connors, on behalf of himself and Elizabeth Reidy, 1110 Breezy Way, Sebastian, submitted a map and read from a letter dated 1/21/98 (see letter attached). The Director of Community. Development responded to Mr. Connors' concerns. Mr. DeSanti said it is standard practice to provide internal access to a commercial site for safety reasons. I i i I i i I i I i I I i I I I I I Special City Council Meeting January 21, 1998 Page Seven Approved at the MOTION and SECOND were withdrawn during the roll call due to a request for clarification from Mrs. Cartwright and discussion of conditions listed in the resolution which had been amended during this meeting which were not included in the motion. Mrs. Sullivan clarified that she was substituting the City Planner's recommendations on circle pages 63, 64 and 65 for those in the resolution. Mrs. Sullivan made a motion which died for lack ora second. "I would move approval of Resol~ > ~;'.. R.98-05 with the following changes: under Section 1 of the preliminary development plan on sheet one, it would be as revised on 1/19/98; under number 6 it would add Phase I to the development plan for the emergency access on Laconia rather than in Phase II which would be a twenty foot access as agreed to by the developer, then I would add to that from the original resolution the sections that the developer had agreed to which would be number 17, 18, 19, 20 and 21 and, (when asked "as amended?") she said "well I'm adding it, I'm making my own original motion so I'm really not amending it, this a whole clean new motion but it can be followed by the printed material that we've been provided. CNhen asked what about number 7 to number 16) she said "I included all of that under the Planner's recommendation under pages circle 63, 64, and 65 .... Number six would have the twenty foot access added and it would become phase I instead of phase II as the developer has offered and then we would continue on page 64 from 6 all the way through to 16 and that is the original recommendation fi.om the City Planner and then we will also add fi.om the original motion number 17, 18, 19, 20, 21 that's on circle 51. MOTION by Cartwright/Paul I move to adopt Resolution R-98-05 with original amendments recommended by staff which is paragraph 1, section I revised sheet 1 1119198; number 6 changing preliminary development plan approval for phase I "this access shall be a twenty foot stabilized access", and number 19 lots 62 - 69 inclusive, number 18 spelling correction "their"; number 21 "unless bonded". ROLL CALL: Mrs. Sullivan - nay Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 4-I Being no further business, Mayor Barnes adjourned the Special Meeting at 10:00 p.m. · 1998, Regular City CouncilMeeting. Kathryn M. O 'Halloran, CMc//L4 E Ci.tv Clerk Waiter W. Barne~ Mayor 7 City of Sebastian 1225 MAIN STRE=-T g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES WORKSHOP THURSDAY, JANUARY 22, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAEN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. mOLL CALL Cil~ Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Lan3, Paul Mrs. Ruth Sullivan $_tflff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Administrative Assistant, Linda Galley. City Council Workshop January 22, 1998 Page Three Type IV - Downtown Page 27- Line 33 - City Council concurred with City Manager suggestion to allow a zero setback for buildings existing prior to adoption of the ordinance so they won't be non-conforming and then it established a five foot setback for new buildings or additions Tvpe V - Medj~ ln~nsi~ Residential/Commercial Page 29 - Line 38 - Change "required" to "encouraged" Page 30 - Line I - Change "mnsf' to "may" - Line 16 - Add same reference relative to discouraging walls, that if used, walls should be decorative and no more than four feet high Typ~ VI - Waterfront Page 30- Lines 33-39 Paragraph b. "Building Placement" - delete "parallel to the street" - the entire section will be redone in conjunction with maps to be brought back showing setbacks and submerged lands Page 31 - Line 35 - Change "required" to "encouraged" and add same reference relative to discouraging walls, that if used, walls should be decorative and no more than four feet high Page 32 - Line I - Change "required" to "encouraged" - Line 15 - Change "stores" to "stories" - Line 33 - Change "Director" to "Department" Page 33 - Line 17 - Study to be done to determine compliance with Telecommunications Act of 1996 Mayor Barnes called recess at 8:25 p.m. and reconvened the workshop at 8:40 p.m. All members were present. Virginia Scherrer, Sebastian, objected to allowing two story buildings on the east side of Indian River Drive and asked several questions about the proposed ordinance. TAPE II - SIDE I (8:50 p.m.) Mrs. Scherrer continued. Tut Connelly, 149 Kildare Drive, Sebastian, said he didn't think there was a true downtown. City Council Workshop January 22, 1998 Page Five Section 20A-19.1.8.K- Sign Regulations Jean Bauer, 397 Warren Street, Sebastian, A+ Signs, reiterated her previous suggestions about allowing vinyl signs. Page 42 - Line 10 - add "or waivers" - Line 11 - Change "Community Development Department" to "Planning and Zoning Commission" - Line 14 - typo "Al" to "All" Page 44 - Line 34 - Mrs. Bauer suggested changing to "...a sign having a semblance to the look of a temporary sign but intended by the owner to be permanent". - Line 36 - Change "Disregard for" to "encourage" and move whole paragraph to Page 45 as paragraph F.d. Page 45 - Line 12 - Delete paragraph 13 in its entirety and renumber paragraphs - Line 31 - Add "and high performance vinyl" There was a consensus to continue the workshop to no later than 11 p.m. Discussion took place on neon signs. TAPE III - SIDE I (10:23 p.m.) Discussion of neon continued, Mrs. Sullivan objected to its use, and there was a 4-1 consensus to leave paragraph 9 on page 44 as is. Page 45 - Line 21 - Delete "root" since roof signs are akeady prohibited Page 43 - Line 32 - 3-2 consensus to leave at 15 % for window signs but delete fu'st'sentence regarding temporary signs and move temporary signs to list of allowed window signs - Line 33 - add reference to phone number and any other items required by state law The remainder of the ordinance was not addressed, nor the following item. Both will be chrried to a February 2, 1998 workshop. 98.020/ B. 97.274 Riverfront Zoning (Backup Previously Distributed in 12/16/97 Packet) Mayor Barnes adjourned the workshop at 1 t:00 p.m. Approved at the ,1998, Regular City. Council Meeting. Kathryn M. O'I-Ialloran, CMC/AAE City Clerk Walter W. Barnes Mayor City of Sebastian 122fi MAIN STREET g SEBASTIAN, FLORIDA 32_cE8 TELEPHONE (E61) 589-5330 u FAX (561) 589-EE70 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 28, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was no invocation. ROLL CALL Cikv Coq,ncil Pre~¢nt: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPresent: City Manager, Thomas Frame City Attorney, Valefie Settles City Clerk, Kathryn O'Halloran Director of Community Development. Bob Massarelli Public Works Director, Pat Brennan City Engineer, Martha Campbell Chief of Police, Randy. White Deputy City Clerk, Sally Maio Regular City Council Meeting January 28, 1998 Page Three Adopt ResolutiortNo, R-98-01 in_A¢cord~ce with Charter 4.07 - Designating Polling Places,. Offices_to be Filled and Ouesti9ll~ ~;~ 12~ Decided A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A OENERAL ELECTION TO BE I4~JD ON MARCH 10, 1998, FOR THE PURPOSE OF ELECTINO TWO (2) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS; PROVIDnXlG FOR REPEAl, OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND ?',"~ ~CDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-98-01 by title. MOTION by Cartwright/Taracka I move to adopt Resolution R-98-0 I. ROLL CALL: Mrs. Camvright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Formal Request to Sulleryisor of Elections to Administer March 10, 1998 Election MOTION by Cartwright/Taracka I move to formalize the request to the Supervisor of Elections to administer the March 10, 1998 Municipal Election. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting January 28, 1998 Page Five 98.027/ F. 96.260 Agreements for Annual Materials - Extend Existing Contracts for One Year at Original Bid Price - Blackhawk Quarry of Florida and Henry Fischer and Sons (PW Director/Purchasing Agent Transmittal 1/12/98) 98.028 G. 98.029 H. Approve Purchase of Hewlett Packard 755 CM Plotter for Community Development and Public Works - Metro Dade Contract - Includes One Year Warranty - $6,747 (Director of Community Development Transmittal 1/21/98, Specs) Gerald Clark, Sr. Wedding Reception ~ Approve MB Use in Conjunction with Use of Yacht Club - February 14, 1998 - 2 pm to 7 pm - Age Verified (City Clerk Transmittal 1/16/98, Application) The City Manager read the consent agenda. The City Attorney read Resolution No. R-98-08 by title. Mrs. Sullivan removed item F; Mrs. Cartwright removed item G; and Mayor Barnes removed item H. MOTION by Taraeka/Paul I move to approve items A, B, C, D, and E of the consent agenda. ROLL CALL: Mr. Barnes - aye Mr. Taraeka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Item F~ Agrceroent~ fgr Annual Materials - Ex~;e!a~l E~sting Con~'acts for One Year at Original Bid ~rke - Blaekhawk Quarry_ of Fl.ofi4~t ~dJ:lenry. Fischer ancl Sons In response to Mrs. Sullivan, the City Manager explained that the original contract allowed for two one year extensions; that L.I. Tree Service had notified the City it could not honor its original bid amount for general fill; but that staff does not anticipate any significant purchase of general fill, therefore, staffwill obtain quotes rather than going out to bid. The Public Works Director said general fill costs approximately $2300 to $2500 per year. MOTION by SullivaWCartwright I would move to approve F. ROLL CALL: Nh'. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes MOTION CARRIED 5-0 ave aye aye Regular City Council Meeting January 28, 1998 Page Seven Thomas Cox, 223 Bill Allen Circle, Sebastian, discussed problems with Gibson Avenue which keep people away f~om the Knights of Columbus. He submitted a petition containing approximately 100 names to the City Clerk. The City Manager said he will contact Indian River County and ascertain maintenance responsibility. He said he will bring the city-wide paving plan to Council sometime in March and Council can determine whether it wants to pave any unpaved roads. He advised Mr. Cox to contact him. Fred Mensing,, Roseland, gave a history, of Gibson Street and requested the City work with Indian River County to pave the existing portion in the City limits and extend Gibson Street all the way through. 13. COMMITTEE RE. pORTS/R~COMMFNDATI Obl~ None. 14. OLD BUSINESS None. 15. NEW BUSI,,kNESS 98.030 ~esoltltion of Txe~ Removal from Richgrd Solgot Property at 231 Main Street (.(~j~- Manager Transmittal 1/21/98. PW Le6er 8/18/97. Sqlgot Letters 8/23/97 md 9/12/97. PW Memo 11~26./97) The City Manager reiterated his backup on the Solgot matter, TAPE I - SIDE II (7:46 p.m.) and said he was proposing to offer Mr. Solgot restitution for the City's removal of the four trees in the amount of $4,000. The Public Works Director said he contacted several nurseries and found slash pines of comparable size to be approximately $1200 each including planting. Richard Solgot, 231 Main Street, Sebastian, said he had priced Laurel Oaks of this size at $600 each and $80 per hour for installation. He said he didn't want cash and it was the City's responsibility to replace the trees. Mrs. Cartwright said she felt that $2,000 for the four trees was reasonable. The Public Works Director said to support a root ball for a 26 foot tree you would be out to the centerline of the ditch. Mr. Solgot said he wanted trees of the same size planted in the original location which would require piping the ditch. The City Manager said he would not recommend piping the ditch. 7 I I I I I I i I I I I I I I I I i I Regular City Council Meeting January 28, 1998 Page Nine 16. CITY COUNCIL In response to Mr. Paul, the City Manager said Melbourne Airport Shuttle had no license with the City; TAPE II - SIDE I (8:32 p.m.) and said the City Engineer will publish an ad next week to inform the public about Wave Street. Mrs. Sullivan cited copies of&edging permits she received fi.om DEP for Marker 86 Marina and Sebastian Inlet Marina; asked the City Manager to look into the permitted improvements for compliance with City parking regulations, The City Manager asked for copies of the permits so he could have Community Development track them. Mrs. Sullivan cautioned about use of public funds for such improvements. C. Mayor Walter Barnes Mayor Barnes commended the Police Department for its presence on new sections of CR 512; said a culvert near a bridge near South Wimbrow was being undermined and suggested Public Works look into it; announced the February 6 teen dance at Riverview Park; announced the February 4 meeting on code enforcement; asked where the ordinance relative to the city being compensated for construction damage was; and noted that an article about the Anglers Inn said they Were using Cavcorp for parking. D. Vice Mayor Richar.ll Tm'acka Mr. Taracka thanked all those who gave input on his community coach location survey. E. Mrs. Louise C~'ight Mrs. Camvright said Council needs to set an example and make a commitment to slow speed limits while driving, yield at intersections, and use common sense when driving. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 8:46 p.m. Approved at the · 1998, Regular Ci.ty Council Meeting. Kathryn M. O'Halloran, CMC/AAE Ciky Clerk 9 Walter W. Barnes Mayor City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES WORKSHOP MONDAY, FEBRUARY 2, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Ci[v Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staft City Manager, Thomas Frame Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio