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HomeMy WebLinkAbout08061997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, AUGUST 6, 1997 - 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 City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staff.Present: City Manager, Thomas Frame City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Chief of Police, Randy White City Council Workshop August 6, 1997 Page Two 97.112 It was the consensus of City Council to allow public input following each item. WORKSHOP ITEMS Revised Ordinances Re: Parkinp__/Traffic (C'ommunitx Development Director Transmittal 7/30/9J~ Proposed Ordinances O,97,XX and O-97-ZZ] Ordinance O-97-XX The Chief of Police offered several amendments as follows: · 98-4 - add "median" before "islands" and add after the second "road" - during emergencies such as accidents or breakdowns" · 98-7 - add "against the city" after "offense" · 98-7b - replace "duty" with "responsibility" · 97-8 - replace "enact" with "erect" · 98-3 I.B. 1. - questioned how no parking areas will be designated · 98-3 I.B.2. - add "tempormy" in two places before "extraordinary" ° 98-31.B. - tighten up meaning for exceptions ° 98-3 I.B.3. - add "premises or" before "lot" · 98-3 i.B.6. - questioned how the thirty minute time limit can be enforced ° 98-33 - suggested looking into an interlocal agreement so school grounds are covered · 98-36(c) questioned verifying insurance on a vehicle · 98-37.A. - said there may be a conflict with Florida Statutes. The Director of Community Development suggested that the sentence beginning with "However ...... "be deleted. City Council concurred. · 98-7.B. - The fa'st sentence was deleted. The words "cite and" were added before "have the vehicle" in the second sentence. Add "after eight hours" at the end of remaining first sentence · 98-53(c) - delete "take its license number and may take any other information displayed on or by the vehicle which may identify its owner or operator" and add "make a reasonable effort to identify the owner" in its place · 98-53(d) - change $2 penalty to $5 - leave $10 as is ° 98-53(3) - change $4 penalty to $15 and $15 penalty to $25 · 98-53(0 - delete everything starting at "The form of the notice shall be substantially as follows:...." to "Such notice mailed by certified...." · 98-53~) - delete "such admission shall not be used as evidence in any other hearings" · 98-53 (j)(k)(1) - may have to be deleted in accordance with other deletions City Council discussion took place. Mr. Taracka said he knew people did not like the proposal to notify the Police Department in the event ora gathering, but something must be done to protect City swales. Mrs. Cartwright suggested changing 98-3 I.A. to 48 hours and deleting 98-3 I.B. TAPE I - SIDE II (7:46 p.m.) 2 City Council Workshop August 6, 1997 Page Three The City Manager said there is an assumption that homeowners who disturb their swales should be held accountable. A lengthy discussion followed on who parks in swales, what percentage of people park in swales, whether or not most parking causes damage, the possibility of charging people who damage swales, and designating problem areas as no parking zones. Following the discussion it was decided to remove all of Section 98-31 from consideration of the ordinance until the attorney has a chance to review it relative to the possibility of fining for swale damage. Discussion of the rest of the ordinance continued. Mrs. Sullivan said she would rather limit prohibition of parking in right-of-way to problem areas, disagreed with the police log, and suggested posting signs at Riverview Park rather than using meters and posting that only boat trailers can use double lanes for parking at the Yacht Club. The City Manager said these restrictions will be able to be placed by the proposed Ordinance 0-97-55 which will allow designating no parking by resolution. Discussion followed on need for loading and unloading restrictions. Mayor Barnes suggested putting a limit on the number of cars parked on a residential lot and referred to 98-36(c). Following some discussion the City Manager said 98-36 and 98-31 are intricately linked and suggested both of those sections be pulled and reworked after review by the City Attorney. City Council concurred. Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. All members were present. Mayor Barnes said he would like to see moving vans required to have cones around them while loading/unloading. The following members of the public addressed Council: Sai Neglia, 461 Georgia Boulevard, Sebastian, discussed damage caused by trucks in the alley behind his home parallel to CR512. TAPE II - SIDE I (8:49 p.m.) Tut Connelly, 149 Kildare Drive, Sebastian, said he was confused by Council's action on this ordinance and urged them to move forward. Harry Thomas, 654 Balboa Street, Sebastian, questioned several provisions of both p[oposed ordinances and urged City Attorney review for constitutionality Howard Geiger, 1026 Schumann Drive, Sebastian, asked what the rules would be where no swales exist. City Council Workshop August 6, 1997 Page Four Louise Cuttenberg, 973 Oswego Avenue, Sebastian, objected to the parking prohibition and stated her reasons. Fred Meusing, 7580 129th Street, Sebastian, discussed disabled parking and the need for enforcement. Tommy Thompson, 125 Main Street, Sebastian, objected to notification of police for a gathering. Ordinance O-97-ZZ The Chief of Police suggested the following: · 20A-5.16.C. 1. - add "rented or leased" after "owned" and perhaps add as a definition for vehicle owner somewhere in the code · 20A-5.16.C.3. - add "in any six month period" after "weeks." and language stating if there is a sidewalk it cannot be blocked should be added. · 20A-5.16.C.7. - change to "current and proper" registration · 20A-5.16.C.4. - change instances of"is" to "should be" or "shall be" There was a consensus to change 20A-5.16.1.C.(6) to 24 hours from 48 hours. It was noted the effective date of this ordinance needs to be changed. 20A-5.16.C.3 - The Director of Community Development suggested deleting the second sentence. 20A-5.16.C.5. - Mrs. Cartwright said "is not" should be "shall not be" Mrs. Cartwright expressed concern for limiting to two RVs. (20A-5.16.C.9) and instead recommended better screening/fencing. TAPE II - SIDE II (9:35 p.m.) Mr. Paul, referencing 20A-5.16.C.9., objected to the limitation of the number of Rvs as long as they are screened and said the meaning is not clear and referencing C. 13. said many Rvs are parked on unimproved lots. The Director of Community Development suggested no more than two at a time. Mrs. Sullivan said Council had compromised on allowing three Rvs at a previous workshop. Mrs. Cartwright again said she had a problem with limiting the number of Rvs allowed. Mayor Barnes asked that "no parking in fight-of-way" be added to 20A-5.16.D. and, referring to 20A-5.16.1.C.(4), asked whether length would be better in determining the size allowed. The City Manager and Chief agreed that perhaps length would be better. City Council Workshop August 6, 1997 Page Five 97.166 B. 97.195 C. Fred Mensing, 129th Street, Roseland, Said registration lists weight of truck and not carrying capacity and said a 3/4 or 1 ton pickups could be up to 23 feet in length. The Director of Community Development said staffwill come up with new language relative to length rather than carrying weight of vehicles. Mayor Barnes asked if 20A-5.16. I.D.(1) had to provide for a summons, to which the Director of Community Development responded that he will get with the Chief and City Attorney because this is a Code Enforcement matter. Discussion came back to limiting.the number of Rvs allowed. Following further discussion, Mayor Barnes said he would like to postpone this ordinance for now so he, and other members if they wish to on their own, can drive around town and look at the need for screening and/or limitation and bring it back to the next available workshop. Howard Geiger, Schumann Drive, Sebastian, said the City should not step on the toes of people in the RV storage/camping business; and reported a tractor trailer that parks on a lot offof Schumann Drive. Louise Cuttenberg, Oswego Avenue, Sebastian, asked for consideration of personal freedom relative to guest RV parking; At 10:30 p.m. there was consensus to extend the workshop to 11:00 p.m. Combined Parking (Communi[y Development Director Transmittal 7/30/97) Following a brief discussion on the use of and possible abuses of this provision a consensus poll was taken on whether to delete this section or leave it in. Mr. Barnes - delete Mr. Taracka - delete Mrs. Cartwfight - leave in Mr. Paul - leave in Mrs. Sullivan - delete The Director of Community Development will bring back an ordinance. Regulation of Mulching Machines (CommuniW Development Director Transmittal 7/30/97) Following City Council discussion and consensus, the Director of Community Development said he will come back with an ordinance in accordance with his recommendation on mulching machines. City Council Workshop August 6, 1997 Page Six 97.196 97.175 D. Special Use Permits and Special Exceptions (Communi _ty Developmertt Director Transmittal 7/30/97) Following City Council discussion and consensus, the Director of Community Development said he will come back with an ordinance to delete provisions for special exceptions. E. Review Ci_ty Council Pending List (List 8/1/97~ Deferred to August 13, 1997. Mayor Barnes adjourned the workshop at 11:00 p.m. Approved at the ,1997, Regular City Council Meeting. Walter W. Barnes Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk CITY COUNCIL WORKSHOP AGENDA PACKET WEDNESDAY, AUGUST 6, 1997 - 7:00 P.M. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, AUGUST 6, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Worl~hop, unless approved by consensus of City Council at the beginning of the kVorkshop. Substantive decisions may not be made at Workshops (in accordance with R-97-21). I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 97.112 A. 1-32 Revised Ordinances Re: Parking/Traffic (Community Development Director Transmittal 7/30/97. Proposed Ordinances O-97-YY and O-97-ZZ) 97.166 B. 33-34 Combined Parking (Community Development Director Transmittal 7/30/97) 97.195 C. 35 Regulation of Mulching Machines (Community Development Director Transmittal 7/30/97) 97.196 D. 37-38 Special Use Permits and Special Exceptions (Community Development Director Transmittal 7/30/97) 97.175 39-43 E. Review City Cotmcil Pending List (List 8/1/97) ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MAT1ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TttE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WttlCIt RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WttlCtl THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). ANYONE WHO NEEDS A SPECIAL ACCOM34OD,4TION [,OR THIS MEETING SHOULD CONTACT THE CFFY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADNANC;E OF TIHS MEETI),'¢i. Upcoming Meetings: Regular Meeting. Wednesday, August 13, 1997 ~ 7 pm Workshop - Wednesday, August 20, 1997 ~ 7pm - Riverfront Recommendations Regular Meeting - Wednesday, August 27, 1997 ~ 7pm City of Sebastian, Florida Subject: Parking Ordinances Approved for Submittal by: Agenda No. ~'7-//~. Department Origin: Community Development Date Submitted: July 30, 1997 For Agenda of: August 6, 1997 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None S~Y At the June 18, 1997 City Council workshop, the City Council directed the staff to make changes to the dra~ ordinances concerning partdng in the city. Chief White and I have made those changes and draft copies of the ordinances are attached. The following changes were made: O~97-XX Sec. 98-4. Driving omo medians, shoulders, etc. Added an exception for emergencies. Sec. 98-5, Operation on public school grounds. Deleted emire section. Sec. 98.6. Limit on goss weight of vehicles; enforcement. Added "police" before "officer" in Co), · Sec. 98-31. Parking on rights-of-way. Added "citation and" before "notice" in A. Added "yard sales" after "funeral gatherings" in B.2.. Deleted "All vehicles shall be removed within twenty-four hours following the end of the extraordinary event." In B.2. Added "5. Vehicles with boat trailers using the Cavcorp property for the boat ramps." to B. Added "6. Public riverfront parking east of Riverview Park limited to thirty minutes." to B. Deleted C. and D, Sec. 98-,~2. Sec. 98.33. Verbal notice of unsafe parking; refusal to obey. Added "site;" after "vehicle shall be" and before "towed", Parking on public school grounds. Deleted the entire section. Sec. 98-36. Sec. 98-37. Sec. 98-52. O-97-ZZ Parking in Residential Districts and on street rights-of-way. Reinstated that no vehicle may be parked on an lot in any residential district, except in an enclosed structure, unless said vehicle is licensed, registered, and insured. Disabled Parking. Added "in conformance with Florida Statutes" after "space designated" in A. Definitions. Added "or utilized" after "employed" in the definition of Officer. Sec. 20A-5.16.C.3. Changed two weeks every thirty days, to two weeks every six months. Provide the ordinances. RECOMMENDED ACTION staff with direction regarding any further revisions to the proposed parking Draft 07/31/97 ORDINANCE NO. O-.97-XX AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAFFER 98 OF THE~ CODE OF ORDINANCES RELATING TO DEFINITIONS, DRIVING ONTO MEDIANS, SHOULDERS, ETC., OPERATION ON PUBLIC SCHOOL GROUNDS, LtM1T ON GROSS WEIGHT OF VEHICLES, ENFORCEMENT, DESIGNATION OF ONE WAY STREETS, PARKING REGULATIONS, VERBAL NOTICE OF UNSAFE PARKING, REFUSAL TO OBEY, PARKING ON PUBLIC SCHOOL GROUNDS, PARKING ON MAIN STREET, PARKING ON CENTRAL AVENUE, PARKING IN RESIDENTIAL DISTRICTS, DISABLED PARKING, MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS, PURPOSE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. W}tEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances relating to parking regulations; and WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TEEEREFORE, BE IT ORDAINED BY TItE CITY COUNCIL OF THE crrY OF SEBASTIAN, FLORIDA, TI~T: Section 1. Chapter 98 of the Code of Ordinances is amended as follows: Article I. In General Sec. 98-1. Definitions. The following words, terms and phrases, when used in this chapter, shall haVe the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Draft 07/31/97 Vehicle means any vehicle defined by section 316.003.,..Florida S..t..a.~utes. ~heeted Sec. 9$-2. Adoption of ]Florida Uniform Disposition of Traffic infractions Act. There is hereby adopted by reference the Florida Uniform Disposition of Traffic Infractions Act, F.S. ch. 318, which shall be in full force and effect in the city. Sec. 98-:3. Obeying traffic control signs. No person shall fail to observe and follow all traffic signs including speed, direction, caution, stopping, parking or standing, and all other posted signs for the proper control of vehicles. Sec. 98-4. Driving onto medians, shoulder~, etc. No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as islands or similar land areas. No person shall ride or drive any motorized vehicle on the so~ shoulder of any paved road, except as is necessary to get the motorized vehicle on or off the road,, for e.m...e, rger~ci~, Draft 07/31/97 Sec. 98-5. Reserved_Operation-on public geheotgr~uads. Sec. 98-6. Limit on gross weight of vehicles; enforcement. (a) ~ The gross weight imposed on the streets of the city by the wheels of any one axle of a vehicle shall not exceed 20,000 pounds. Co) Any police officer of the city having reason to believe that the weight of a vehicle and load is unlawful, is authorized to require the driver to stop and submit to a weighing of the vehicle either by means of potable or stationary scales and may require that such vehicle be driven to the nearest public scales for weighing. Sec. 98-7. Penalty for violation of chapter; enforcement. (a) Penalty. Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall counsel, aid or abet any such..,,-~ violation or failure to comply, shall be deemed guilty of an offense and shall Draft 07/31/97 Sec. 98-8. be punished by a fine as set forth in chapters ~ 316 and 318,.F:.S., as presemly constituted or as hereafter amended. Enforcement. It shall be the lice department to enforce the provisions of this chapter. Designation of one-way streets. The city council may provide for one-way traffic on city streets by enacting a resolution in each instance to provide for such one-way designation. The city clerk shall keep a permanent record of any such one-way changes. Upon enactment of any such resolution, the public works petiee department s~~Z~~proper signals to indicate such one-way designation pursuant to the Uniform Manual of Traffic Control Devices. See. 98.9- 98.30. Reserved. ARTICLE H. /~ec. 98-31. STOPPING, STANDING AND PARKING ~~ Pa ki g i~ht of-ways ~'-~' .... ~' ...... r.,.nn --.~ ~.nn r n onr - .,,~ ............ ~ ...... ~m . ~,~ A.~ Except as prodded below, no ve~cle m~y ..be p~k~d on any street_ ~ dr~nage, or utili~ right-of-way in the ciW li~ts of Sebastian. ~y veMcle parked on <y street, dr~nage, or~tilitv fightz, of-way w~.ch is no.~ removed ~tMn ~enW-four hours a~er a citation ~d notice requMng remoyal ha~ been posted on the veMcle b~ a~olice o~cer ~ll be towed and stored at the o~ers expense~ B. Exceptions: 1. The City Council by resolution may desigo..ated rights-of-way or portions of rights-of-way for on-street., parking. Draft 07/31/97 An exception to the above provisions may. be granted to a resident with~x4raor~linary parking requirements The .Police Department shall maintain a parking reg/.s, tration tog Resid...ents with extraordinarV~ements .... may re,stet_ .. with the police department for an exception to the reouirements of this section, in. order to permit short term parking on.. a right-of-way. Extraordina~ events include out-of-town visitors,, funer.a! gatheringsLgarage sales etc. The log shall include, but not be limited to, the name and address of the resident making the. request, estimated number of vehicles and dates of the exg. raordinary event. ....................... ~ ....... The vehicles shall be parked in a manner which does not create a hazard to the public. Moving vans, delive~ vehicles and contractor/service vehicles including lawn service vehicles when the owner/operator of the vehicle is loading or unloading property or passengers, working at~ or making a delivery to a lot adj.acent to t.h..e, right-of-way Vehicles redstered to a federal, state, county or ciw .agency including, emergency vehicles and vehicles registered to a .public utility...while performing activities normally associated with the use of those vehicles. Vehicles with boat trailers usin~ the Cavcorp property for the boat raml~. 5 Draft 07/31/97 Public riverfi-ont parking east of Riverview Park limited to thirty minutes. SeE. 98-32. Verbal notice of unsafe parking; refusal to obey. When the parking of a vehicle interferes with the safety of the general inhabitants of the city and a police officer has determined that the vehicle is so parked, he shall make a reasonable every effort to notify the owner or ~d6v~ of the vehicle, giving the owner or operator d6ve~ the opportunity to remove the vehicle from the parking location. If the owner or driver refuses to remove the vehicle from such a location after notification by the police officer or if the owner or operator cannot be located, the ~vehicle shall be sited,.....towed and stored at the Sec. 98-33. Reserved. Paring~11 ..... t'"'~"~k':~ o---~,.-~*k**' gtc. ands. Sec. 98-34. Reserved. Draft 07/31/97 Sec. 98-35. Reserved. t~a~ttiag-on-C-eat-~l-Aveaue; ....... veEr, lc .,, ~ Draft 07/31/97 Section 98..36 Parking in Residential D~trict~qm~a,ee, [1\ Draft 07/31/97 Sec. 98-37. Disabled Parkin~ No vehicle shall be parked in any par...king space desi_~aated in conformance, with Florida Statutes with the international, symbol of accessibili.ty or the caption "Parking By Disabled Permit Only.". or with both such .symbol or caption, unless such vehicle displays a parking , permit.,, or license plate issued pursuant to F.S. ~ 316.1958, 320.084, 320.Q842, 3.2..0.0843.~. 320.0845, or. 320.0848 and such vehicle is transporting a person eligible for .such a license plate or parking permit. ~__?,wever, any p.~erson who is chauffeuring a disabled person shall be allowed~ without need for an identification parking.permit or special license plate, momentary parking_.'m. ~ any such parldng place for the purpose of loading or unloadin~ a disabled person No penal.ty .shall b~, impos~ed.upon the drive for such momentary parking. ~'henever a r>olice officer finds a vehicle in violation of this se~ion, that officer shall make a reasonable effort to notify the owner or driver of the vehicle, ~ving the owner or driver of the vehicle the op. pommi~ to remove the unauthorized vehicle from the desig0ated disable park.'.sn, g space~. The officer ma~ave~the vehicle towed and stored at the owners ex0ense. The operator or other person in charge of the vehicle in violation shall be char~d with a noncriminal traffic violation as provided in section 316.008(4),.F.S. or 31818(7), .F_.S. 2~)~ 10 Draft 07/3 [/97 Sec. 98-38 - 98-50. Reserved. ARTICLE IH. NONMOVING TRAFFIC INFRACTIONS Sec. 98-51. Purpose. It is the intent of the city council in the adoption of this article to decriminalize the violations of the stopping, standing and parking provisions in articles I and II of this chapter, thereby facilitating the implementation for the disposition of municipal nonmoving traffic infractions. Sec. 98-52. Definitions. The following words and phrases where used in this article, shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: Cited means to notify a person that he has been charged with a municipal noncriminal infraction and must comply with the provisions of this article. infraction means a municipal noncriminal violation which is not punishable to incarceration and for which there is no right to a trial by jury or a court appointed counsel. Officer means any law enforcement officer charged with and acting under his authority to arrest persons suspected of, or known to be, violating statutes or ordinances regulating traffic or parking or the operation of equipment or vehicles. The term includes any individual employed or utilized by the police department who is acting as a parking enforcement officer without arrest powers. Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged 'in 11 Draft 07/31/97 loading or unloading of property or passengers as may be permitted under this chapter. Sec. 98-53. Municipal noncriminal traffic infractions; purpose. (a) Any person who violates a provision of article I or II of this chapter regarding a vehicle found parked, stopped or standing shall be deemed to have committed a municipal nonm0ving and noncriminal infraction and shall be cited for such an infraction. (b) Whenever any ~vehicle with a driver therein or thereby is found parked, stopped or standing in violation of any of the provisions of article I or Ii of this chapter, the officer finding the vehicle shall deliver to the driver therein or thereby a traffic citation or notice in writing on a form provided therefor. (c) Whenever any ,mc, tc~r vehicle without a driver therein or thereby is found parked, stopped or standing in violation of any of the provisions of article I II of this chapter, ~h~ officer finding the vehicle shall take or which ir, ay idcnZi~' it.~ c,:;~r-or--o/per~or, and shall conspicuously affix the vehicle a traffic~r notice in writing on a form provided therefor._~ ~ , ~ Ir- (d) Whenever a citation has been issued, the owner or driver of the vehicle must answer the citation or notice within 72 hours of the issuance of the citation or notice, during the hours and at the place specified in the citation or notice, or mail a check or money order as payment for the penalty by 12 Draft O7/31/97 (e) (f) U.S. mail. If such procedure is followed within 72 hours, the penalty for a violation of the parking, stopping or standing provisions of article I or II of this chapter is ~Ou, except for violations of no-parking provisions, in which case the penalty is $10.00. If the operator or owner of the vehicle cited for violation of any of the stopping, standing or parking provisions of this chapter does not deliver or mail a check or money order in timely response to the citation or notice delivered or affixed to the vehicle pursuant to this article, within a period of 72 hours, the police department shall mail to the registered owner of the vehicle to which the citation or notice was affixed, a letter to inform the owner of the violation and that the owner must deliver or mail a check or money order in response to such notice or citation within seven days of the date of such letter, and that the penalty for the violation is then $4.09r except for a violation of a no parking provision, in which case the penalty is then ~ If the registered owner fails to pay the proper penalty in full within the seven days from the date of such letter, or fails to request a hearing within such seven days in the manner provided in subsection (i) of this section, written notice of the violation shall be sent by mail to the registered, owner of the vehicle in the name of the traffic violations bureau of the clerk of the county court, Indian River County, Florida. The.-fovm'ofthe-no~iiye-shall~e sub stamimqyarfolt ows: 13 Draft 07/31/97 (g) You are hereby notified'that a citation or notice, numbered , has been issued against the following vehicle registered in your name, to wit: (list the motor vehicle license number and a brief description of the vehicle). Pursuant to the Code of Ordinances of the City of Sebastian, Florida, chapter 98, you have ten days from the date of this notice to tender payment of $10.00 ($20.00 if the violation is a no-parking violation). If the payment is not made in full within the time specified above, a summons for you to appear for a hearing before a county court judge, based on a sworn affidavit, will be issued. At the hearing you must answer to the charge and the court will determine whether or not the cited infraction has been committed. If the commission of the infraction is proven, the county judge may impose a civil penalty not to exceed $250.00. Such notice mailed by certified or registered mail to the registered owner or the address shown on the vehicle registration shall be sufficient and equivalent to notice having been received by the registered owner. If the person notified fails to pay the proper penalty in full within the time stated, or fails to request a hearing in the manner provided for in subsection (i) of this section, the clerk of the court, based on a sworn affidavit, shall issue a summons to appear directed to the re~stered owner of the vehicle. Failure to appear at the specified time and place shall be deemed a 14 Draft 07/31/97 contempt of court, which contempt may be punished as provided by the laws of Florida. (h) If the registered owner or operator of the vehicle pays the penalty prior to a finding by the court of an infraction, such payment shall admit the infraction and shall waive any right to a hearing or any appeal, h admission shall not be used as evidence in any other proc~ (i) Any person cited for an infraction may elect to appear before a county judge by requesting a hearing in writing. Such request shall be made at the place specified in the citation or notice. Such request must be made before a summons to appear is issued. (J)~x Any person electing to appear before a county judge, or who is required to appear, shall be entitled to a hearing to determine whether or not the cited infraction has been committed. If the commission of the infraction is found to have occurred by the court, the county judge may impose a civil penalty not to exceed $250.00. (k) ~ The commission of a charged infraction at a hearing under this article must be proven beyond a reasonable doubt. (1) , If the cited infraction is found to have been committed, the violator may appeal the judge's finding to the circuit court. Sec. 98-54. Evidence of identity of violator. (a) In any prosecution charging a violation of any provision of this chapter governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the citation or notice was stopped, standing 15 Draft 07/31/97 or parked in violation of any provision of this chapter, together with proof that the operator of the vehicle was not present at the time that the citation or notice was affixed to the vehicle, or was present but did not identify himself as the operator, the individual, corporation or other entity in whose name the vehicle is registered shall be held prima facie responsible for the cited violation. (b) The provisions of subsection (a)'of this section shall apply only when the notice or citation provisions for delivery or affixing the notice or citation to the vehicle have been followed. Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. if any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in ~ force and effect. 16 Draft 07/31/97 Section 5. 1, 1997. EFFECTIVE DATE. This Ordinance shall become effective on July PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF ,1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Coundlmember Louise R. Camvd~t Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this ,1997. ATTEST: _ day of CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor Kathpyn M. O~-Ialloran, CMC/AAE (Seal) Approved as to Form and Content: 17 Draft 07/30/97 ORDINANCE NO. O-97-ZZ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PARKING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Coundl of the City of Sebastian, Flodda, desires to amend the Land Development Code relating to parking; and WHEREAS, the City Council of the City of Sebastian, Flodda, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Sec. 20A-5.16. is hereby amended to read. Sec. 20A-5.16. Mobile homes, travel trailers, campers, recreational vehicles. A. Definitions. 1. boats, trailers, and Mobile home. A single- or multiple-family dwelling as described in section 20A-3.7(B)(1) of the Land Development Code. Travel trailer. A portable structure built on a chassis as described in section 20A-3.7(B)(2) of the Land Development Code. Camper. (a) A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or Draft 07/30/97 (b) Any motor vehicle which is designed, constructed, or modified, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently); or (c) trailer or a semitrailer, the chassis and extedor shell of which is designed and constructed for use as a camper, as defined in Subparagraphs (a) or (b), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of merchandise or services. Boat. Every description of self-propelled watercraft used or capable of beinq used as a means of transport on water includinR all types of boats and uses thereof. As used herein, the term boat or vessl are synonymou.s...with watercraft ?. ';;:tcrcr~ Sebas~n. Trailer. Any vehiCle, with or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. Recreational vehicle (RV). (a) (b) (c) Any travel trailer, camper, boat, or trailer as defined herein. If a boat is mounted on a trailer designed for the transport of such boat, then such boat and trailer shall be deemed to be a single RV. A travel trailer, camper or trailer in tandem with one or in any other combination shall not be deemed to be a single 2 ' Draft 07~30/97 RV, but rather each separate travel trailer, camper or trailer shall constitute a separate and distinct RV. 7. Pdmary front yard. The yard of an improved corner lot which is located between the side of the structure facing the street where the pdmary entrance is located and the street. 8. Secondary front yard. The yard of an improved comer lot which is located between the side of the structure facing the street where the pdmary entrance is not located and the street. Mobile homes prohibited. No mobile homes shall be permitted in any zoning distdct except the R-MH or RMH-PUD Districts. Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided thai: . ,,~L~ F~ 1. The recreational vehicle is owned ~by the person residing on the same~ lot on which the recreational vehicle is located. Except as provided in paragraph (13) (section 20A-5.16(C)(13)) and 20A-6.1.14b.(1), the recreational vehicle is not used for residential, office or commercial purposes. The recreational vehicle is not used for sleeping, housekeeping, or living quarters while parked on any improved lot. Draft 07/30/97' o The recreational vehicle~ ~ocated to the rear of the front bui;ding line, and in no event less than twenty-five (25) feet from the front lot line, o located wholly within a carport or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on the secondary front yard of an improved comer lot, the recreational vehicle need only be located behind the front yard setback for such improved comer lot and need not be located to the rear of front building line for the secondary front yard. /no it i~ooca The recreational vehicle ted within any road~ or utility right-of-way. In the event that the reCreational vehicle is a collapsible camping trailer, the trailer must be stored in the collapsed state. The recreational vehicle must bear a current State cf,~F~cdda registration. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed thirty-six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer shall not contain a car_qo box in excess of ~ fourteen (14) feet in length. No more than two (2) recreational vehicles shall be permitted on any ene~pt4~,~-Iot outside of a enclosed ~qara~e. ~ 4 Draft 07/30/97 10. 11,: 12. 13. ....... !mpro;~d ~t whgse Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous paragraphs contained in this subsection (C) of section 20A.5.16, trailers and boats utilized for commercial purposes may be kept on real property located in a residentially zoned district owned by the person who also owns the trailer or boat if the following provisions are complied with: (a) One' (1), but not more than one(l), commercial utility or cargo trailer, that does not exceed fourteen (14) feet in length and eight (8) feet in height, may be parked on any improved lot located in any residential distdct if it is parked in accordance with the other provisions of subsection 20A-5.16(C) and its is substantially screened by either vegetation or a six (6) foot stockade type fence from the 5 Draft 07/30/97 view of the adjacent property~"~::nc;s c; lc=sec.= =md from (by One (1), but not more than one (1), boat used for commercial purposes, not exceeding thirty*six (36) feet in length, may be parked or stored on any improved lot located in any residential district, if there is no unloading or loading of any matedal,i fish or shellfish when located in the residential distdct and the boat is substantially screened by either vegetation or a six-foot stockage type fence from the view of the adjacent property owners or lessees and from the view from the public right-of-way. For the purposes of the restrictions set forth in paragraphs (9) through (12) of this subsection (C) of section 20A-5.16, a commercial trailer or a commercial boat shall be counted as one (1) recreational vehicle. Temporary trailers. Trailers used temporarily in connection with construction as a dwelling, office, salesroom, or security headquarters may be located temporarily in all zoning districts only after a building permit has been issued and during the periods of construction activity, under a temporary zoning permit; provided, however, that any such trailer must be removed within ten (10) days after completion of construction or after the issuance of a certificate of occupancy, whichever first occurs, that all setbacks are co .rnplied with and all utilities, includinCl water and sewer are provided. Draft 07/30/97 E. COR Zoning District. For the purposes of this section, the Commercial Office and Residential District (COR) shall be deemed to be a residential district. Section 2. Sec. 20A-5.16.1. is amended as follows. Sec. 20A-5.16.1. Large trucks and heavy equipment. A. Definitions. As used herein, the following terms shall have the meanings herein stated unless the contract requires otherwise. (1) Road tractor means any motor vehicle designed or used for pulling semi-trailers, trucks, or other road tractors. (2) Semi-trailer means any vehicle with or without motive power designed for carrying freight and which is drawn or pulled by another vehicle. This does not include recreational trailers. (3) Heavy equipment means vehicles, machinery, or other heavy items that are only incidentally operated upon or moving over roads or highways, including but not limited to the following items: ditch-digging apparatus, well-boring apparatus, road construction machinery, asphalt spreaders, bituminous and other mixers, bucket loaders, tractors, ditchers, leveling rollers, earth moving equipment, carryalls, scrapers, power shovels, draglines, craines, forklifts, and all other somewhat similar items. B. Zoning districts where prohibited. It shall be unlawful for any person, either as owner, agent, occupant, lessee, tenant, landlord, or otherwise, to park, store, deposit, or to cause or allow any parking, storage, or deposit on any real property zoned as RE-40, RS-20, RS-15, RS-10, RM-8, RM-12, R-MH, PUD-R, PUD-MH, or COR, or any property then Draft 07/30/97 being used for residential use however zoned, any road tractor, semi- trailer, heavy equipment, or heavy truck. Exceptions. The restrictions of this section shall not apply to: (1) All other zoning districts unless the parcel of land is then actually being used as-single-family use. (2) Real property where construction is underway pursuant to a valid building permit and the items otherwise prohibited are being utilized for such ongoing construction. (3) The item otherwise prohibited is being loaded or unloaded. (4) Personal vehicle such as van, pickup truck or paneled truck, provided each such vehicle has a maximum carrying capacity not to exceed one (1) ton. (5) A reasonable number of such small trucks necessary to carry on then permitted commercial uses in the COl:{ zoning district. The number of such trucks shall be established by the planning and zoning commission. (6) Emergency parking of such prohibited items provided such emergency parking is removed within ~ hours of the start of the emergency. (7) Such items being utilized by any governmental entity for a legitimate purpose. (8) Vehicles not to exceed one (1) ton parked within an enclosed garage. Penalty and enforcement. Draft 07/30/97 (1) The owner or operator, or both, of any item that is parked, stored, or deposited in violation of this section shall be guilty of a noncriminal violation in accordance with Chapter 316, Florida Statutes. (2) No person shall allow or suffer any prohibited item to be parked, stored, or deposited in violation of this section. Section 3. Sec. 20A-6.1.14. Home occupations: (1) All activities pertaining to the home occupation that are to be performed at the dwelling (the "premises") shall be carded on entirely within the dwelling located on the premises and only by members of the family permanently residing therein. No person, other than the members of the family permanently residing in the dwelling on the premises, shall engage in any activities in furtherance of the home occupation at the premises. No persons shall be employed by the owner of the business seeking approval 'of the home occupation (other than as an address of convenience) except individuals who are members of the family permanently residing in the dwelling located on the premises where the home occupation is to be situate. No more than one (1) commercial vehicle shall be kept or parked at the premises in connection with such home occupation, and any such vehicle shall not have a carrying Weight in excess of ~thrcc~_,~'~'~,~,~ ~.f'~'~., "~, ." ton nor exceed twenty (~-g) feet in length. The parking or storage of commercial trailers and the storage of commercial boats shall be done in compliance with the provisions of section 20A-5.16(C)(13) of the Land Development Code. Draft 07/30/97 Materials or equipment associated with the home occupation may be stored within an enclosed compartment of the commercial vehicle or trailer. No home occupation shall occupy more than twenty (20) percent of the first floor area of the dwelling constituting the pdncipal residence exclusive of the area of any open porch or attached garage or any other space not suited or intended for ocCupancy as living quarters. All storage of materials, supplies and inventory at the premises related to the home occupation shall be located within the area of such twenty (20) percent, and such storage shall not compdse an area exceeding one hundred (100) square feet. No vehicles or equipment shall be stored at the premises other than with respect to the one (1) commercial vehicle described in clause (1), above. Therefore, all such equipment and vehicles shall be stored on real property zoned for such storage if stored within the city limits of the city. Section 4. CODIFICATION. It is the intention of the City Coundl of the City of Sebastian, Flodda, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Flodda, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. 10 Draft 07/30/97 SectionS. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ........... 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __ DAY OF ,1997. 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 Coundlmember Louise R. Cartwright Councilmember Larry Paul Coundlmember Ruth Sullivan of The Mayor thereupon declared this Ordinance duly passed and adopted this __ day ,1997. Draft 07/30/97 CITY OF SEBASTIAN, FLORIDA By:... Walter W. Bames, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content Valede Settles City Attorney 12 .... City of Sebastian, Florida Subject: Combined Parking Approved for Submittal by: Exhibits: Agenda No. ~./~ Department Origin: Community Development (mM) Date Submitted: July 30, 1997 ,,For Agenda of: August 6, 1997 EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY At the June 24, 1997 City Council Workshop, the City Council requested a workshop to discuss the combined parking regulations. This provision was in the original Land Development Code ordinance adopted August 28, 1985. That provision stated: 7. Combined parking spaces. The required parking spaces for any number of separate uses may be combined in one lot but the required spaces assigned to one use may not be assigned to another use at the same time, except that one-half of the parking spaces required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays. Any joint use of parking spaces 'on a pro-rated basis with a church, theater or assembly hall must have a document of joint use signed by all parties concerned and approved as binding by the city attorney. That section was amended in 1988 by Ordinance O-88-17. The amended Sec. 20A-8.3.7. states: A single parking area may be used to service more than one establishment if the normal hours of operaion of the establishments do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run during any concurrent period. Any joint use of parking spaces on a prorated basis must have a document of joint use signed by all parties concerned and approved as binding by the city attorney. This section has not been modified since then. I have discussed this provision with Mr. Les Solin who authored the Land Development Code.~ He indicated that this provision was included to allow a parking lot to be shared by two entitie~ whose operating hours were different. This reduces the amount of impervious area, reduces the amount of run-off and pollution from the city and increase the amount of open space. I have had the staff research the number of time that this provision has been utilized. To the best of my knowledge, this provision has been used twice. Once at Hurricane Harbor, where a party boat used the parking during the day and the restaurant use was restricted. The second time was at Captain Hiram's. This was in conjunction with the proposed hotel. It has never been implemented there. The regulations of this provision can been improved. One suggestion is to clearly state that the shared parking must be pan of approved site plans for both establishments approved by the Planning and Zoning Commission. Any modification to the use or size of the use at either establishment would require a review of the shared parking by the Planning and Zoning Commission. Termination of the shared parking should also require approval by the Planning and Zoning Commission to assure that adequate parking exists after the termination. RECOMMENDED ACTION Provide the staff with direction regarding any further revisions to the combined parking provision of the land Development Code. Subject: Regulation of Mulching Machines Approved for Submittal by: City of Sebastian, Florida Exhibit: Agenda No. EXPENDITURE REQUIKED: None Department Origin: Community Development Date Submitted: July 30, 1997 For Agenda of: August 6, 1997 AMOUNT BUDGETED: I None APPROPRIATION REQUIRED: None SUMMARY At the June 24, 1997 City Council Workshop, the City Council requested a workshop to discuss the regulation of mulching machines. The staff has contacted several manufacturers of mulching machines to receive additional information so that we may accurately describe the machine and establish safety distances. We do not want to inadvertently include small chipping machines used by Florida Power and Light sub-contractors or home owners. We have not received all the information at this time and will be prepared to make a presentation at the workshop. At this time we are proposing that such mulching machines be regulated as a special use with specific distance requirements as to setbacks from residential and public use areas such as schools and parks. Such a use would be limited to industrial areas. Other requirements such as regulating truck traffic and sound would be included. RECOMMENDED ACTION Provide the staff with direction regarding the regulation of mulching machines. Subject: Land Development Code, Special Use Permits and Special Exceptions Approved for Submittal by: City of Sebastian, Florida Agenda No. 5~ 7-/~_~, Department Origin: Commt~m.'ty Development (POM) Date Submitted: July 30, 1997 , For Agenda of: August 6, 1997 Exhibits: EXPENDITURE REQUII~D: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Special Use Permits are provided for in Section 20A-2.6. and are approved by the City Council. A special use permit is allowed "in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations, and shall satisfy the following required findings of fact by the City Council." The required findings of fact axe: "B. Required findings of fact. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented that: The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in wNch the property is located; and The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district." Prior to the City Council review, the Planning and Zoning Commission shall hold a public hearing to review and consider the application and make a recommendation to the City Council. In granting special use permits under this section, the City Council may require such conditions as will, in its' judgment, substantially secure the objectives and intent of the zoning regulations and other components of the City's land development controls. A Special Exception is provided for in Section 20A-11.2.C.2.b. and is approved by the Board of Adjustment. A Special Exception means a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as a ~ number, area, location or relation to the neighborhood, would not adversely affect the public.(Z-Pt/'At' health, safety, comfort, good order, appearance, convenience, morals and the general welfare. Such uses may be permitted in such zoning district or classification as Special Exceptions only if specific provisions and standards for such Special Exceptions are in the zoning ordinance and are met by the applicant. Prior to granting any Special Exceptions, the Board of Adjustment shall adhere to the following criteria: PubBc interest upheld In granting any special exception, the Board of Adjustment shall find that such grant will not adversely affect the public interest. Conditions and safeguards may be imposed In granting any Special Exception, the board may prescribe appropriate conditions and safeguards in conformity with Chapter 163, Florida Statutes, the comprehensive plan, and any ordinance enacted under it. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. Time limitations may be imposed The Board of Adjustment may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both. Coordinate determinations with Planning and Zoning commission. The board shall confer with the Planning and Zoning commission in all cases involving requests for special exceptions prior to rendering a decision. I have asked the City Attorney to review this matter and she has indicated to me that a Special Use Permit and a Special Exception are the same things. In some cases the terms were used interchangeably~ It is therefore recommended that either the Special Use Permit or the Special Exception provision of the Code be eliminated. RECOMMENDED ACTION Provide the staff with direction regarding the deletion of the Special Use Permit provision or the Special Exception provision of the Land Development Code. 97.001 97.018 97.026 97.051 97.054 97.060 97.066 PENDING LIST (Incomplete Council Agenda Items as of 8/1/97) 1997 Review City Board Appointment Procedures and Direct City Attorney Accordingly - 1/8/97 Agenda - City Attorney to draft ordinance for another workshop - 6/24/97 workshop - Mr. Taracka requested residents only - 7/9/97 workshop - reviewed - iff/tv Attorney. tO draft Ordinance O-97-09 - Amending the LDC Re: Procedures Re: Regulation Of Obstructions To Visibility - 1/15/97 workshop -further review - 3/26/97 workshop - to be.reviewed further and revised by new PW Director Ordinance 0-97-17 - Amending the LDC Relating To Procedures For Site Plan Procedures - 1/15/97 workshop - to come back for first reading - 4/9/97 agenda - deferred for Attorney review. 6/11/97 agenda - First Reading, Set Second Reading, Public Hearing and Final Hearing for 7/9/97 - revisions made and referred to 6/18/97 workshop - first reading 6/25/97 - time ran out - carried to 7/9/97 - amended'and approved on 1st reading - ph set for Discuss Park Use Policy - 1/22/97 workshop - City Attorney to draft ordinance for another workshop - 5/28/97 discussion City Manager distributed draft recently - workshop asap - 6/11/97 workshop - revisions made - to come back to Council Resolution No. R-97-05 - Falcon Cable Franchise Extension to March 19, 1997 (see 96.151) - 1/22/97 agenda - adopted - expiration 3/19/97 - City Manager distributed draft ordinance and guide to Telecommunications Act - Adopt Resolution No. R-97-15 - Falcon Cable Franchise 60 Day Extension to May 17, 1997 - 3/5/97 agenda - adopted - expires 5/17/97 - Resolution No. R-97-29 - 5/14/97 agenda - adopted - to expire July 15 - Adopt Resolution No. R-97-37 - Falcon Cable Franchise Extension to September 12, 1997 - 7/9/97 agenda - adopted - expires 9/12/97 - Telecommunications Ordinance - 7/16/97 workshop agenda - iCfityManagerto meet xvith IRC and reps frg. m other mtmicipalities on 8/4/97 Planning and Zoning Commission Recommendation to Request City Council to Direct City Manager to Develop Plan of Action to Address Louisiana Avenue from Main Street to Proposed Intersection with High Street and Palmetto Avenue - 1/22/97 agenda - deferred until after Grace's Landing appeal heard - City_ Manager directeqt to add to Capital Improvements as unfunded need Approve Fiscal Year 97/98 Budget Calendar - 2/12/97 agenda - approved - use this number for 97/98 budget - 7/21/97 budget workshop conducted - t st hearing 9/10/97 97.071 97.090 97.097 97.112 97.116 97.118 97.128 97.129 97.141 Cavcorp Property Parking Improvements - Conceptual Site Plan - 2/12/97 agenda - staff conceptual plan approved with minor modifications - staff to have re-engineered by CRA - brought back to City Council for review prior to bid - management plan to be brougla.back Review Final Plans for Cavcorp Property Prepared by CRA Engineering - Determine Council Satisfaction Prior to Submitting Plans to Planning and Zoning Commission for Site Plan Approval and Solicitation of Bids by Staff- 6/25/97 agenda - Engineer to do sketch showing parking for 7/9/97 - time ran out - carded to 7/23/97 - new design suggested by Mr. Paul approved with minor conditions - to go to P & Z for site plan a~oroval then to bid Bid and Contract Award for Annual Culvert Installation to C.R. McLellan of Malabar - 3/5/97 meeting - awarded - was 96.240 - Authorize City Manager to Execute Appropriate Change Order Not to Exceed $103,046 with C.I~ McClellan, Inc. for Culvert Installations as Outlined in John Hill's 6/18/97 Memo - 6/25/97 agenda ~ approved - Edwards property exempted from paying - Ci~ Manager to compare in-house installation cost with contractor cost- Review When COR (Commercial Office Residential) Zoning District is to be Considered Residential Use - 3/26/97 Workshop Agenda - carded to 4/2/97 workshop - staff to draft ordinance - First Reading of Ordinance No. 0-97-54 - Schedule Second Reading and Public Hearing for July 23, 1997 - 6/25/97 agenda - time ran out - carried to 7/9/97 - approved on 1st reading - ph~et for 8/.13/97 Parking ordinance - 4/9/97 workshop - certain revisions recommended - carried to 4/23/97 workshop - 6/18/97 workshop - revisions made - to be redrafted and brohght back - 8/6/97 workshop Police Department Purchase - Computer Voice Stress Analyzer and Training for Total of $8,970 from Drug Forfeiture Funds Account - 4/9/97 agenda - approved - ~ look into funding additional trainee Conduct Public Hearing on Application for Special Use Permit for a Proposed Libertino Daycare Center - Tract E, Block 485, South Wimbrow Drive in Residential Single Family District (RS-10) - Consider Adoption of Resolution No. R-97-23 - 4/16/97 special meeting - deferred to 5/7/97 special meeting - denied - Schedule Attorney/Client Meeting Re: Libertino/Ordonez Appeal - Authorize Staffto Obtain Services of Court Reporter - 6/25/97 agenda - scheduled for 7/1/97 Drainage Ditch Encroachment - Unit 1, Block 12, Lot 23, Sebastian Highlands - 4/23/97 agenda - Ci~ Manager authorized to obtain appraisal and negotiate for purchase of lot Waterline Special Assessment for Oyster Pointe and Oyster Bay Resort - 4/23/97 agenda - deferred to 5/14/97 for report from City. Attorney - City Attorney report - do nothing at this time - wait for CM to return Annual Review of City Attorney Contract - 5/14/97 agenda - deferred to 5/28/97 - C~ipy Manager to meet with each Council member - comnile sue~estions and bring back. to Council when ready 2 97.143 97.147 97.152 97.157 97.159 97.166 97.174 97.175 97.177 97.182 Review Proposed Ordinance No. 0-97-48 - Residential Use Screening - Section 20A- 3.1 l.D.7.(c) - 5/21/97 workshop agenda - deferred for..further reYiew by recommendation of P&Z Review Proposed Ordinance No. O-97-53 - Mini-Storage (96.191) - 5/21/97 workshop agenda - to be revised and brought back for first reading - First Reading of Ordinance No. 0-97-53 - Schedule Second Reading and Public Hearing for July 23, 1997 - 6/25/97 agenda - time ran out - carried to 7/9/97 - amended and approved on 1st reading - gh. set for 8/13/97 Mayor Barnes - North County Representative to Indian River County Recreation Appointment - 5/28/97 agenda - appointed Nancy Diamond - Kay Rogers to remain alternate - Mayor Walter Barnes - Accept Resignation from Kay Rogers - Indian River County Recreation Committee Alternate and Appoint New Alternate - 6/11/97 agenda - accepted with regret - leave appointment open for now - Kay Rogers plaque presentation - 7/9/97 Tree Advisory Board - Interview and Appoint or Re-Appoint Three Regular Members to Two Year Terms - 5/28/97 agenda - Kilkelly, Wininger and Cox appointed - advertise for alternate Cecrle Plaque - Tree Board - 6/11/97 agenda - not present at meeting - Present Plaque to Donna Starck. Tree Advisory Board 6/25/97 meeting - not present - Tree Advisory Board - Appoint Alternate Member - Unexpired Term to Expire 11/98 - Only One Application Received - Committee Recommends William Broguano - deferred to 8/13/97 Determine if City Council Desires to Proceed w/Waterfront Land Acquisition - Bird Realty. Group, Inc. - 5/28/97 agenda - council not interested - 6/24/97 workshop - Cartwright requested staff be authorized to look into re'ants Mrs. Ruth Sullivan Concern About Combined Parking Regulations - 6/11/97 agenda - placed on 6/24/97 wish list workshop - 8/6/97 workshop Determine Feasibility of One-Way Designation on City Streets for Traffic Calming - If Council Conctirs with Policy - Adopt Resolution No. R-97-39 - One-Way Wave Street (was 96.136) - 6/25/97 agenda - time ran out - carried to 7/9/97 - deferred to October 8. 1997 for further review by staff Review Pending List - 6/25/97 agenda - time ran out - carded to 7/9/97 - deferred to 7/23/97 - deferred to 8/6/97 workshop Approve the Airport Manager position job description with the modification regarding unicom - 7/9/97 agenda - time ran out - carried to 7/23/97 - tentatively approved with minor modifications - to come back in form of resolution (scheduled for 8/13/97) First Reading of Ordinance 0-97-55. Designate No Parking areas by resolution - Schedule Second Reading and Public Hearing for July 23, 1997 - 7/9/97 agenda - time ran out - carded to 7/23/97 - ph set for 8/13/97 97.183 97.187 97.190 97.192 96.009 96.021 96.033 96.035 Quasi Judicial Procedures - 7/16/97 agenda - revisions made - Ci~ Attorn~ to redraft Schedule Public Hearing for Consideration of a Permit and Certificate of Public Convenience and Necessity for A.D.M. Transport in Accordance with Section 106-54 of the Code of Ordinances - 7/23/97 agenda - ph scheduled for 8/,13/97 Planning and Zoning Commission - Interview and Appoint Regular Member - Term to Expire 6/1/00 - Board Recommends Horry Johns. 7/23/97 agenda - 3 nominations and tie votes - carded to 8/13/97 Riverfront Committee - Accept Resignation of Edward Moore Effective Immediately - 7/23/97 agenda - motiOn to accept tie vote - carded to 8/13/97 Riverfi.ont Committee (see 95.175) Membership Appointment (Vice Mayor Corum) - 1/10/96 agenda - deferred to 1/17/96 workshop - John Hill gave presentation on creation of a master plan - Council consensus for board w/5 members - 2 alternates - City Attorney to develop roles of procedure - Council ~ve names for ratification at !/24/96 meet. ing- district rr east to river - no. to so. city limit - 1/24/96 agenda - appoint members, City Manager submitted five names selected by Council members and received authority to select two at large members - on 3/13/96 agenda for final direction re: appointments - Tommy Thompson appointed at-large member - Stanley Krulikowski appointed at-large CATF member - switch Bennett and Moore membership affiliations - RESOLUTION NO. R-96-43 - Establish Theme for Riverfront - "Old Florida Fishing Village" ~ third revision adopted - Riverfront Advisory Committee Progress Report 11/13/96 agenda - presented by Tom Collins -~ eataio~e list for further action -_final report will be completed 7/28/97 RESOLUTION NO. R-96-12 - Amending Ahl~ort Field Rules Section V - Par'king and License Form - RESOLUTION NO. R-96-13 - Rescind Sebastian Aero Services Parking Agreement - 1/24/96 agenda - postponed to 2/14/96 - City Manager to notify tenants - not on 2/14/96 - update report at 6/26/96 meeting on pending list - City Manager to address - 10/2/96 r~vi~ of pending list - Ci_ty Manager reported notices still need to go out ORDINANCE NO. O.96-07 - Employee Career Service System - 1st Reading, Set Public Heating 3/13/96 - 2/14/96 agenda - tabled, to 2/28/96 at request of City Attorney - deferred at request of City Manager at 2/28 meeting for further review - 6/16/96 City Manager report - ordinance forthcoming 8/14/96 pending list review - City Manager said the document is done but that he wanted staff review prior to bringing it to Council - 10/2/96. review of nendine list - on hold until Human Resources Director on board Indian River County Recreation Department Agreement (see 95.217) - 2/14/96 agenda - removed fi.om agenda for workshop - at 2/16/96 meeting discussion of scheduling it for 3/20/96 - 2/28/96 meeting Firtion announced IRC will delete BSSC from proposal - Recreation Committee - 6/10/96 agenda - City Manager to set up workshop with IRC Recreation and all recreation groups - same report at 6/26/96 - 8/14/96 pending list review - City Manager said this will be addressed after budget - 10/2/96 review of pending list - item needs to be coordinated - 9r~ 6/24/97 wish list workshop agen~h - Mayor Bame~; to call Callahanto set up meetin~ - ~ 4 96.112 96.131 96.134 96.188 95.012 RESOLUTION NO. R.96-46 - Authorizing Mayor to Execute Cost Share Agreement with St. johns River Water Management Agreement - Drainage Management Plan - 6/5/96 agenda - adopted as amended - 6/10/96 - John Hill presented final Stormwater Management System Conceptual Master Plan - consensus to have Hill work with Clerk to schedule citizen input workshop and then 6/27/96 workshop with Council - subsequent to meeting citizen workshops were scheduled for 6/25, 7/12, and 7/17 - Council workshop to be rescheduled - Hill presented stormwater master plan at 8/8/96 workshop - consensus to have resolution drafted to formally approve plan. staffto work on.PW plan b~v end of Novemberand establish stormwater utility before end of year with sufficient time for review - Approve Resolution No. R-96-71 - Conceptual Stormwater Master Plan Prepared by Craven Thompson & Associates - 9/25/96 agenda - adopted - staff to prepare stormwater utili~ oydinance and schedule capital improvements meeting (10/15/96) - Approve Proposed ' Supplemental Agreements for Engineering Works for Fiscal Year 1996-97 by Craven Thompson and Associates - .11/13/96 agenda - approved - First Reading of Ordinance No. 0-96-33. Stormwater Utility - Set Public Hearing for 12/18/96 - 11/20/96 workshop agenda - City Manager revised recommended action - withdraw ordinance from regular agenda - obtain authority to advertise 12/19/96 ph to adopt resolution to allow collection of non. advalorem assessment - draft new ordinance at later date as well as assessment resolution - authority for advertisement and Mayor to execute agreement with IRC approved by Council at 11/20/96 regular - Conduct Public Hearing In Accordance with F.S. 197.3632 (3)(a) and Adopt Resolution No. R-96-90 - Electing to Use Uniform Method of Collecting Non-Advalorem Special Assessments for Stormwater Management and Road Projects and Services - 12/18/96 agenda - adopted - [997 NI.Y34BER TO BE ASSIGNED FOR ~;TQRMWATER.MATTERS 97.156 Refine Code Re: City Council Expenses - 6/10/96 agenda - Cartwright suggested all expenses be presented for payment within 60 days or before end of fiscal year - Finance Director is working on i travel and per diem policy - City Manager to review code - 8/14/96 Barnes requested this be 8/28/96 - establish policy like employee policy - 8/28/96 agenda - staff directed to bring back ordinance amending 2-34 and resolution establishing travel expense poli~ - 12/l 8/96 review of pending list - need for documents noted Economic Development Fund from Occupational Licenses - 6/10/96 agenda Cartwright request - 10/2/96 review of oending list - staffto research Martin Coun~ - method used and Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of Indian River Drive - Authorize Staff to Submit to FDOT - 8/28/96 agenda - adopted as amended - exhibit to reflect sidewalk change - stop at Floodtide - begin again north of Archie Carr and continue to north city limit while city negotiates with those property owners - waitine for r~sponse from FDOT Oberbeck Matters - Special Use P~nnits - 1/11/95 agenda - discussion - requested City Manager to bring back proposal for upgrading permit fees - 10/4/95 workshop agenda - staff to review and report on actual costs for applications and City Attorney. to draft resolution imposing $1000 bond - 6/26/96 - City Manager report - he'll bring back staff report on.fee schedule - does not agree with bond - per Community Development Director working on revision to'fee schedule to bring to Council (5/29/97) - on 6/24/97 wish list agenda - Director of Communi~ will have report for adjustment of fees ~ 5 ,