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Home My WebLink About08271997I i I I I I I I I i I I I I I I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ri FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 27, 1997 ~ 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL,4GENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker.(R-97-21) 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATiON/MOMENT OF SILENCE ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/QR DELETIO~NSj Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21J PI~QCLAMATIONS. ANNOUNCEMENTS AND/OR PR]~SENTATIQ~qS CITY ATTORNEY MATTERS CITY MANA~GI~I~.MATTERS 1-23 97.203 25-27 97.197 39-67 97.083 69 97.204 71-72 97.205 10. 11. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda, items unless a member of City Council so requests: in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/6/97 Workshop, 8/13/97 Regular Meeting Adopt Resolution No. R-97-47 - Vacation of Easement - Lot 21, Block 288, Unit I0, Sebastian Highlands (City Clerk Transmittal 8/18/97, R-97-47, Application, Site Map, Survey, Staff Report, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 1.8 FEET OF THE SOUTHEAST 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 21, BLOCK 288, SEBASTIAN FIIGFK.AND UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDiNG AN EFFECTIVE DATE Adopt Resolution No, R-97-48 - Supporting FRDAP Grant Application for Old GDC Building at Barber Street Sports Complex South (City Manager Transmittal 8/22/97, R-97-48, Application) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE APPLICATION FOR A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR THE BARBER STREET RECREATION COMPLEX. Approve Transfer of Funds Not to Exceed $5,620 to Fund Green Building Septic Hook-up to New Drain Field and Step Down Transformer for Football Lighting at Barber Street Sports Complex and Authorize City Manager to Sign Amendment to Agreement with Sebastian Panthers, Inc. (Public Works Transmittal 8/21/97) Banghart/Quinn Wedding Reception - Community Center - Approve A/B Request - 9/20/97- 6 pm to 11 pm - Security Paid - Age Verified (City Clerk Transmittal 8/11/97, Application) Duhame/Freeman Wedding Reception - Community Center - Approve AfB Request - 2/14/98 - 3 pm to 7 pm - Security Paid - Age Verified (City Clerk Transmittal 8/18/97, Application) pUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Ye3ich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker I I i I i I I I I i I I I I I I 97.206 75-80 97.207 81-82 97.209 83-84 13. 14. 97.001a 85-93 97.001b 95-103 97.001c 105-109 COMMITT~}~ [~PORTS/RE ~?..QMMI~NDATI ONS A. oard of Adjustment Interview and Appoint Regular Member for a Term to Expire 6/1/2000 - Board Reconunends Gregory Gore (Director of CommUnity Development Transmittal 8/7/97, Application, 8/5/97 Bd. of Adj. Minutes) B. Code Enforcement Board Accept Resignation of Al Goelz (Director of CommUnity Development Transmittal 8/20/97, Letter) C. H~dJcapped Self-Evaluation Committ~ i. Accept Resignation of John Kanfoush (Human Resources Transmittal 8/12/97, Letter) OLD BUSINESS - None NEW B $ b ES$ First Reading of Ordinance No. O-97-56 - Creating Uniform Application, App0illt~ttml0_ [~edllgy01 Pro~dores for_Gib' Boards, Commissions ~lr~t Committees - Set $¢~0o.d Rea. ding and Pubii¢ Hearing for 9b2q~97 (CiW Manager Transmittal 8/5/97, O-97-56~l AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING UNIFORM PROCEDURES FOR APPOINTMENT TO CiTY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR DEFIlqlTIONS; PROVIDING FOR APPOINTMENTS; PROVIDING' FOR A LIST OF VOLUNTEERS; PROVIDING PROCEDURES FOR ANNOUNCEMENT OF VACANCIES AND APPLICATIONS FOR APPOINTMENT; PROVIDING FOR QUALIFICATIONS;PROVIDING FOR TERMS; PROVIDING FOR REMOVAL PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. t~irst Re0,~ljn. g 9f Ordinance No. O-97-57 - Deleting Certain_ Provisions in the Code to Consolidate P~eguirean~D for City Boards, Commissions and Committees- Set Second Reading and Ptlt~lk: H~;afing for 9]~f/~7 (City Manager Transmittal as above, Q-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING CERTAIN PROVISIONS IN THE CODE OF ORDINANCES IN ORDER TO CONSOLIDATE REQUIREMENTS PERTAINING TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Co &doptRes01[pti00 No. R-97-45 - Pertaining to Appointment Pro~fltlrcs for City Boards, Commissi.Ops. Committees (City Manager Transmittal as above, Px-97-45) A RESOLLrHON OF THE CiTY OF SEBAS~, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISI-tiNG DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. · I 97.166 D. 111-116 First Reo~ljt~g &Ordinance No. 0-97-58. D~leting Shared Parking Provi,~ion - Set3econd Reading and Public Healing for 9./24797 (Director of Community Development TransmittaLas above, 0-97-57) 97.112 E. 11~136 97.208 F. 13~140 15. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY DELETING THAT PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER.ABILITY; PROVIDING FOR AN EFFECTIVE DATE. Firs[,l~teading.pf Ordinance No. O-97-61 - parking - Set Second Reading ilnd Public Hearing for 912q/97 (Director of Commurlily Development Transmittal as above, 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 98 OF II-IE CODE OF ORDINANCES RELATING TO SEC. 98-1 DEFII'qTrlONS, SEC. 98-4 DRIVING ONTO MEDIANS, SHOULDERS, ETC., SEC. 98-5 OPERATION ON PUBLIC SCHOOL GROUNDS, SEC. 98-6 LIMIT ON GROSS WEIGHT OF VEHICLES, SEC. 98-7 ENFORCEMENT, SEC. 98-8 DESIGNATION OF ONE WAY STREETS, SEC. 98-32 VERBAL NOTICE OF UNSAFE PARKING, REFUSAL TO OBEY, SEC. 98-33 PARKING ON PUBLIC SCHOOL GROUNDS, SEC. 98-34 PARKING ON MAIN STREET, SEC. 98-35 PARKING ON CENTRAL AVENUE, SEC. 98-36 PARKING IN RF__.SIDENTIAL DISTRICTS, SEC. 98-37 DISABLED PARKING, SEC. 98-52 DEYRqTrlONS, SEC. 98-53 MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS, PURPOSE; OF THE CODE OF ORDll~ANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Damian Oilliams Request to Extend Hours for Establishments Serving Alcoholic Beverages (City Manager Transmittal 8/21/97, Gilliams Letter 8/20/97, PD Memo 8/21/97) CITY COI~CIL MATTER~ A. Mrs. Ruth Sullivan B. Mayor Walter Barnes C. Vice Mayor Richard Taracka D. Mrs. Louise Cartwright E. Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council} ANY PERSON WHO DECIDES TO APPF__,AL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE C1TY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ~pcoming Meetings: Tentative Workshop - Wednesday, September 3, 1997 ~ 7pm Regular Meeting (First Millage/Budget Hearing) - Wednesday, September 10, 1997 ~ 7 pm Special Meeting - Quasi-Judicial Hearing - Wednesday, September 17, 1997 ~ 7pm Regular Meeting (Final Millage/Budget Hearing) - Wednesday, September 24, 1997 ~ 7 pm 4 i i I I I I i I I I I I i I I I I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 t:] 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. BOLL {~ALI~ City Council present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwdght Mr. Larry Paul Mrs. Ruth Sullivan StaffPresenl; 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. ~,.VORKSHO.P ITEMS Revise0 Q. rdillgllc_~ 1~2 Pm'king/Traffic (Comml~ity Development Director Transmittal 7/30/97. t~roi~osed Ordinances O-97-XXand O-97-ZZ) Ordinance O-97-XX The Chief of Police offered several amendments as follows: * 984 - 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 * 98-31.B.2. - add "temporary" in two places before "extraordinary" * 98-3 I.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 enfomed . 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 fa:st sentence , 98-53(e) - 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 it~ 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(f) - delete eveEahing starting at"The form of the notice shall be substantially as follows:...." to "Such notice mailed by certified...," , 98-53(h) - delete "such admission shall not be used as evidence in any other heatings" * 98-53 (j)(k)(l) - 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 of a 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 I I I I I I I I I I I I I i I I i I I i I I i I I I i I I I I I i I 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 O-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: Sal 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 fonvard. Harry Thomas, 654 Balboa Street, Sebastian, questioned several provisions of both proposed 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 Mensing, 7580 129th Street, Sebastian, discussed disabled parking and the need for enforcement. Tonuny Thompson, 125 Main Street, Sebastian, objected to notification of police for a gathering. Qrdinance 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 de£mition 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 recommeoded 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 Wor 'kshop. Mrs. Cartwright again said she had a problem with limiting the number of Rvs allowed. Mayor Barnes asked that "no parking in right-of-way" be added to 20A-5.16.D. and, referring to 20A-5.16.1.C.(4), asked ~vhether length would be better in determining the size allowed. The City Manager and Chief agreed that perhaps length would be better. 4 I I I i i I i I I I I i I I I I i i City Council Workshop August 6, 1997 Page Five 97.166 B. 97.195 C. Fred Mensing, 129th Street, Roseland, said registration lists weight of track 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.(I) had to provide for a summons, to which the Director of Community Development responded that he will get with the Chief and City Attorney becaus~e 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. Cgrrtllil!o~P~lrking (Community Develol~mgrg 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. Cartwright - leave in Mr. Paul - leave in Mrs. Sullivan - delete The Director of Community Development will bring back an ordinance. RegulatiOn of Mulching Machines (Community. Developme,_nt Director Tra_n~_mitt_01 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 Permi.t~ ~md Special Exceptions (Community Developmer~t~ Director Tr. rm~mittal 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 City..Cou~dl Pending List (List 8/Id97) Del;erred 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'HallorarL, CMC/AAE City Clerk I I I i I I I I I I i i I I I I I 2. 3. 4. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 13, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular City Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was conducted. 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 Attorn~, Valerie Settles CiLy Clerk, Kathryn. O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio AGENDA MQ~IFICATIONS (.A_DDITIONS A.ND/OR DELETIONS) Items not on the written agenda may be a&ted only upon majority vote of City Council members (R-9 7-21) None. PROCLAMATIONS. ANNOUNCEMENTS AND/QR I~_RESENTtkTIONS The Chief of Police showed CiLy Council a new summer shin police officers are considering. Council had no objection. ~/~ Regular City Council Meeting August 13, 1997 Page Two 97.177 CITY ATTORNi~y MATTER~ None. CITY MANAGER MATTER~$ The City Manager said the Indian River County Commission has approved the microwaving of Indian River Community College classes to Falcon Cable for the north county area. 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 - 7/16/97 Workshop, 7/21/97 Budget Workshop, 7/23/97 Regular Meeting, 7/30/97 Forum Adopt Resolution No. R-97-43 - Airport Manager Job Description in Accordance with Section 2- 4(b) Code of Ordinances (Human Resources Director Transmittal 8/1/97, R-97-43 and Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCK1PTION FOR THE POSITION OF AIRPORT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; .AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read Resoluti°n No. R-97-43 by title. Mrs. Sullivan removed the 7/23/97 minutes, page 15. MOTION by Cartwright/Taracka i move to approve item B of the consent agenda. ROLL CALL: Mr. Taracka - aye. Mrs. Cartxwight - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 2 '1 i I I I I I I I I I i I I I I I I Regular City Council Meeting August 13, 1997 Page Three It, em A - 7/23/97 Minutes Mrs. Sullivan requested that her statement that "I (Mrs. Sullivan) did question if Mr. Paul's plan had eliminated the chaining off of the driveways and across the north, south or center of the property and Mr. Paul said it did eliminate this" be added to the 7/23/97 minutes. MOTION by Sullivan/Taracka I move to approve for discussion. Discussion took place on whether or not this detail is necessary to the minutes and Mrs. Sullivan said she would prefer it in there. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 MOTION by Sullivan/Barnes I would move adoption and approval of minutes of 7/16/97 workshop and the 7/21/97 budget workshop as well as the 7/23/97 regular meeting as amended and we also have the forum, we should add that as well. 10. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 PUBL~iC HEARING (QUASI-JUDICIAL) 97.187 A.D.M, Trar~l~Qrt -Al~plication for Permit, aofl-Certificate of Public Convenience and Necessity - Con~id~;r Adoption ofRe~olution NQ~ R-97-44 (City Clerk Transmittal 8/7/97. Application 3v/Supporting Documentation. Excerpt Chapter 106) A RESOLUTION OF THE CFfY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO A.DM. TRANSPORT; PROVIDING FOR COMPLIANCE WITH THE REQLqREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABIIffrY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVER.ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Regular City Council Meeting August 13, 1997 Page Four The City Attorney read Resolution No. R-97-44 by title and Mayor Barnes opened the hearing at 7:12 p.m. The applicant waived swearing in of any parties. Mrs. Cartwright said she had discussed the item with the City Manager and had inquired whether this item needed this permit. No other Council member disclosed ex-pane communication. The City Manager briefly explained that this is more a limousine service than a taxi service and most trips are between the base of operation and airports; said the Chief of Police had expressed concern about lack of standards for inspections; and said that this ordinance appears to be very old. The City Manager said the insurance binder may have expired and should be requested to be updated. Being no input, Mayor Barnes closed the hearing at 7:22 p.m. The City Manager said he may come back with suggestions to update the code. MOTION by Taracka/Canwright I move to adopt Resolution R-97-44 Permit and Certificate of Public Convenience and Necessity for A.D.M. Transport, providing updated insurance and on a yearly basis. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 -! I I I I I I I I i I I i I I I I I Regular City Council Meeting August 13, 1997 Page Five 11. pUBLIC HEARING 97.026 A. Second Reading. Public Hearin. gj~tld Final Adoption of Ordinance No. Q-97-17 - Site Plan Erocedures (Director of Commmai~ Deve. lol~ment Transtnittal 8/6/97~ 0-97-17_1 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A~ 10.1 OF THE CODE OF ORDINANCES BY CREATING A SECTiON ENTITLED "PURPOSE"; AMENDING SITE PLAN REVIEW PROCEDURES; REQUIRING A PREAPPLICATION CONFERENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING FOR APPEALS FROM THE DECISION OF THE PLANNING AND ZONIlqG COMMISSION APPROVING A SITE PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE PLANS MEETING CERTAIN CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SITE PIaKNS~ AMENDING SECTION 20A-I0.2 OF THE CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SiTE PLANS AND ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20A.10.2L OF THE CODE OF ORDINANCES BY ADDING "COMMUNITY DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A-10.3.14 BY ADDING "PLANNING AND ZONING COMMISSION"; AMENDING SECTION 20A- 10.4 BY CLARIFTING APPEAL PROCEDURES; AMENDING SECTION 20A-10.5 BY LINllTiNG THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PREVIOUSLY APPROVED SITE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLIGTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. (I/1:5/97 Workshop 1st Reading 4/9/97 - Deferred for Further Review by City Attorney - 6/11/97 First Reading - Revised and Carried to 6/18/97 Workshop for Further Review - 1st Reading Scheduled for 6/25/97 - Time Ran out - Carried to 7/9/97 - Ph 8/13/97 The City Attorney read Ordinance No. O-97-17 by title and Mayor Barnes opened the public hearing at 7:24 p.m. The Director of Community Development recommended two minor changes as follows: move 20A- l0.1.H.l.b, be moved to 20A-10. I.H.2. and read as follows: "A minor modification to a site plan shall be limited to one time, one subject approval. Site plans approved before August 13, 1997 shall be entitled to apply for a one time, one subject minor modification, any modifications shall be processed as a major modification.", and to amend 20A-10.5. regarding the affective date. Mrs. Sullivan requested language be changed to "one time, one site" approval not "one subject" in two areas of the ordinance. Mayor Barnes said on page 16 the word "Director" was left out. Mayor Barnes closed the public hearing at 7:29 p.m. 5 Regular City Council Me~ting August 13, 1997 Page Six 97.147 B. MOTION by Sullivan/'raracka I would move adoption of Ordinance No. 0-97-17 as recommended by Mr. Massarelli, with the change on b "one time, one site" instead of"one subject" and under c with the change of"one time, one site" instead of "one subject" approval. Mrs. Cartwright said this was going to adversely affect growth in Sebastian. The Director of Community Development said "Director" should be added. Mrs. Sullivan added it to her motion. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan ~ aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) Se~omt Reading,.PlJblic Hearing. tiltt Fi,no] P~ClOl>[iqn} of Ordinance N9,.O-97-53 - Mini-Storage Facilities (Director of Comlnunit~ Development Transmittal 8/6/97, 0-97-53) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 20A-5.47. OF THE LAND DEVELOPMENT CODE REGARDING THE REGULATION OF MINI-STORAGE FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/9/97, Advertised Legal 7/30/97, PH 8/13/97) The City Attorney read Ordinance No. 0-97-53 by title and Mayor Barnes opened the public hearing at 7:31 p.m. Joseph Schulke, Sebastian, recommended that "except where the lot line abuts another property lying in industrial zoning district and except where the lot line abuts a railroad right-of-way" to proposed 20A-5.47.B.5 Constance Spates, Roseland, said the 10 foot buffer requirement is counter productive for safety reasons. The Director of Communi~ said he had no objection to the amendment. Mayor Barnes closed the public hearing at 7:37 p.m. MOTION by Camvright/Taracka I move to adopt Ordinance O-97-53 with the amendment suggested by Mr. Schulke for mini- storage facilities only. i '1 I I I I I I I I I I I I I I I i I Regular City Council Meeting August 13, 1997 Page Seven ROLL CALL: Mr. Taracka Mrs. Camvright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 97.097 5.econd Reading. Public Hearing ao~LFinal AAqptkm__of Ordinance No~ O-97-54 - When COR is Considered_Resid.eotial (Directgr of (~Qmmur~ity Development Transmittal 8/6__/97. 0-97-54) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING CONDITIONAL USES; PROVIDiNG THAT FOR CERTAIN SECTIONS THE COMMERCIAL OFFICE AND RESID~ ZONING DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL; PROVIDiNG FOR CODIFICATION; PROVIDiNG FOR CONFLICTS; PROVIDiNG FOR SEVERABILITY; AND PROVIDiNG FOR AN EFFECTIVE DATE. (lst Reading 7/9/97, Advertised Legal 7/30/97, PH 8/13/97) The City Attorney read Ordinance No. 0-97-54 by title and Mayor Barnes opened the hearing at 7:38 p.m. Being no input, Mayor Barnes closed the hearing at 7:39 p.m. MOTION by Taracka/Paul I move to adopt Ordinance O-97~54. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 97.182 Do Second ReadingL?ublic Hearing and Final Adoption of Ordinance No. 0-9%55 - Designating No Parking by Resolution (City Millaager Transmittal 8/7/97, Q-97-55) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "DESIGNATION OF 'NO PARKING' AREAS" PROVIDING THAT'THE CITY COUNCIL MAY ESTABLISH"NO PARKING" OR "RESTRICTED PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY RESOLUTION; PROVIDING THAT II IS LrNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE: PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDiNG FOR SEVEP, AB~; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 7/23/97, Advertised Legal 7/30/97, PH 8/13/97) 7 Regular City Council Meeting August 13, 1997 Page Eight The City Attorney read Ordinance No. 0-97-55 by title only and Mayor Barnes opened the public hearing at 7:40 p.m. The City Manager explained the purpose of the ordinance and recommended its approval. Harry Thomas, 654 Balboa Street, Sebastian, said there is nothing in this language that prohibits City Council from prohibiting parking in all swales. The City Manager said there is no intent to allow Council to broadly prohibit parking in swales. Mrs. Sullivan suggested changing language to "individual". The City Attorney suggested adding "sites specific" and deleting "one or more". Council concurred. Mayor Barnes closed the hearing at 7:46 p.m. MOTION by Cartwright/Taracka I move to adopt Ordinance 0-97-55 as amended. ROLL CALL: Mrs. Cartwright - aye Mr. Patti - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 97.197 E. l*,e~i~w lind Discuss ~ Preselatation ~?: City's Intent to File ~lrl. t~pplication for Florida Recreit~ion Development Assistam;¢ Progrom Grant to Improve and Upgrade Existing Green Metal Building at 13~ber Street Sl~orB Complex South (No Backup~ Mayor Barnes explained the purpose of the grant is to renovate the old GDC building at Barber Street Sports Complex south, noting that Pat Richter had volunteered to pursue the grant on behalf of the City. . TAPE i - SIDE ti (7:48 p.m.) · The City Manager said the maximum grant would be $100,000 and the City would have to come up with a $25,000 match in funds or in-kind services. He said Parks Foreman, Chris' McCarthy is wor 'Idng with Mrs. Richter. Pat Richter, West Fischer Circle, Sebastian, said she was requesting unanimous support from the City Council to pursue the grant. She said she would like a resolution of City Council and the City Manager said he would have one prepared by the August 27, 1997 meeting. Regular City Council Meeting August 13, 1997 Page Nine The City Clerk asked if Council wanted a motion to approve this request. MOTION by Sullivan/Cartwright I so move. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 12. INTRODUCTIO._N OF ]NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Bob Freeland, 733 Wentworth Avenue, Sebastian, questioned the alarm ordinance and who was to enforce it, citing many false alarms at Skydive Sebastian and other areas for which fmcs have not been imposed. The City Manager said there were 2.8 alarm calls per day on average and it would be appropriate to look at the ordinance for amendment. Leonard Bassi, 573 Browning Terrace, Sebastian, said he had conducted his own investigation on Richard Fey, Bruce Cooper, the police department, fecal matter in his yard, deceit and corruption, Steve Lulich, and asked if the City was going to cut his grass because of the fecal matter. Harry Thomas, 654 Balboa Street, Sebastian, discussed maintenance of fire hydrants. The City Manager said he had spoken to Doug Wright, Director of Emergency Services, who informed him that through the end of September, Emergency Management will maintain fire hydrants. Subsequent to that, Indian River County Utilities will maintain them. Mayor Barnes said he had spoken to Fire Chief, Otis Humanes, who informed him it takes about 20 minutes to maintain each hydrant. Sal Neglia, 461 Georgia Boulevard, Sebastian, questioned funding fireworks when revenues are down in the City and said he would gladly donate if it can be done without employee overtime. Al Vilardi, 445 Georgia Boulevard, Sebastian, questioned Highland Animal Hospital's sewer permits and asked the difference between a minor and major modification to site plan. Mayor Barnes said it is the county. that will regulate discharge. The Director of Communi .ty Development said it was his understanding that the septic will be used in the interim until they are connected to county sewer. Regular City Council Meeting August 13, 1997 Page Ten TAPE li - SIDE 13. 97.190 Frank Oberbeck, 601 Layport Drive, Sebastian, spoke on behalf of Aware Citizens and Taxpayers, questioned prohibiting parking vehicles other than those registered to a property owner on a lot; suggested enforcing destruction of public property for those who damage swales; questioned overspending in the City; objected to allowing larger trucks to park in the Highlands; referred to statements made by the City Manager during his interview regarding the need to reduce millage; I (8:35 p.m.) problems regarding return of citizen phone calls; and expressed concern for raises. Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:55 p.m. All members were present. COMMITTEE REPORTS/RECOMMENDATIONS A. Pla0ning and Zot!ing Commission Intet-vjew and Appoint P,.~lar Member- Term to Expire 6/1/00 - Board Reco.~mends Horrv Johns - Deferred from 7/23/97 Meeting (Community Development Director Transmittal 7ll 5/97. Applications, P & Z Minutes 6/19/97) Mayor Barnes noted all applicants had been interviewed on July 23, 1997. Mr. Taracka said he received a letter from Kelly Mather regarding his vote on the appointment and said he was concerned about this (see attached). It was noted David Cox was moving out of town, therefore, no longer a candidate. MOTION by Paul/Cartwright I'd like to make a motion for Horry Johns to be reappointed to the Planning and Zoning Commission. ROLL CALL: Mr. Barnes - nay Mr. Taracka - nay Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay MOTION FAILED 2-3 (Barnes, Taracka, Sullivan - nay) I0 Mayor Barnes said Council was looking into penalties for swale damage, pickup trucks are being made larger, and police have been asked to take a bigger part in enforcement throughout the city, Regular City Council Meeting August 13, 1997 Page Eleven 97.192 97.157a MOTION by Taracka/Sullivan I'd like to nominate Harry Thomas for the position on Planning and Zoning. Mrs. Sullivan said there are several engineers on the Planning and Zoning Commission, although there is no requirement for them and that she would like to see them on boards that do require them. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay)' Mr. Johns thanked City Council for the time he was able to serve on Planning and Zoning. B. Riverfront t~0rr~it~;ee ~ccept Resignation of Edward Moore Effective Immediately - Deferred, fro2m_7/23/t/7 Meeting (Director ~f Community Devel0pmellt Transmithll 7l 16/97, Moore Letter 7/ MOTION by Sullivan/Taracka I would move to accept the resignation of Ed Moore from the Riverfront Committee. ROLL CALL: Mrs. Cartwright - nay Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 4-1 (Camwight - nay) C. Tree Advi~B~ard Appoint Alternate Meml~qr - Unexpired Tqrm to Expire 11/98 - Only One Application Re~iv.egt - Committee Rg:c,.gmmends Will, tn Brogn~no (Director of Community DeYelopmerg. Transmittal 7/16/97LApplication. Minutes) William Brognano was interviewed. I1 ' I Regular City Council Meeting August 13, 1997 Page Twelve MOTION by Cartwright/Taracka I move to appoint Mr. William Brognano to fill the unexpired alternate member position to expire November 1998. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye 97.15To 14. 97.128 MOTION CARRIED 5-0 ii. ficcept Resignation of David Co~ (l~i£~ct, or of Community De¥¢Jol~ment T. xonsmittal 8/6/97, Coax Letter) MOTION by Taracka/Paul I move to accept the resignation of David Cox ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright . - aye Mr. Paul - aye MOTION CARRIED 5-0 Shirley Kilkelly said this Tree Board position had been advertised and a candidate interviewed. The Director of Community Development said it was his understanding that the position had not been advertised as yet. ' Ao Consideration of Acquisition of Lot 23. Block 1¢, U, itt - Seb,q~[ian Highlands Subdivision in the Amount of $ ! 5Z)00 (Ci[v.Manager Trar~mjR~ll 8/8/97, 4/23/97 M~inutes Excerpt. Mo_ri~gr~ Letter 5/~9/97, PW Merrt0s and Letters. App_l-ai~ll. Mal~) The City Manager gave a brief presentation of the recommended purchase. Al Vilardi, 445 Georgia Boulevard, Sebastian, said he thought $15,000 was high. MOTION by Taracka/Canwdght I move to authorize the purchase of the property with $15,000 and a split of closing costs and to include with the funding to come from the undistributed non-departmental fund for Lot 23, Block 12, Unit 1 of Sebastian Highlands. 12 Regular City Council Meeting August 13, 1997 Page Thirteen ROLL CALL: MI-. B al-nes Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan MOTION CARRIED 5-0 - aye - aye - aye - aye NEW BUSINE$~ 97.198 A. Adopt R~9|t~tion No. R-97-42 - Establkshing New Policy on Ir~tallatioB of Culy~lrt Pipe and Repealir~g_Resolution No_ R_-95-35 (CiB'Manager Transmittal 7/30/97. R-97-47,.) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALINO RESOLUTION NO. 93-35 THAT ESTABLISHED A CULVERT PIPE POLICY WiTH COST SHARING FROM CITIZENS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-42 by title. MOTION by Cartwright/'raracka I move to adopt Resolution 97-42. ROLL CALL: Mr, Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.183 B. Adopt Resolution No. R-97-46 - Revised Ouasi-Judi~iill Procedures (Cit~ Manager Transmittal 8/5/97.., R-97-46~ A RESOLITYION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; ESTABLISHING RULES; DESIGNATING TIlE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-46 by title only and briefly reviewed the amendments. She said the next step will be to bring back additional language regarding use of a heating officer and a sign-up system. Mrs. Sullivan changed "may" to "shall" in paragraph 2 of Section 1. The City, Attomev concurred. Mrs. Cartwright said a resolution of the property owners association was to have been submitted. The City Attorney suggested the following language "and proper resolutions of the board of the property owners association authorizing said representation". 13 Regular City Council Meeting August 13, 1997 Page Fourteen MOTION by CartwrightYTaracka I move to adopt Resolution 97-46 as amended. ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka - aye - aye - aye - aye - aye MOTION CARRIED 5-0 97.199 Consider Piping and D. rginage Outfall DitchBetween Lots 14 Md 15, Block 293, Unit 11, Sebastian Highlands Subdivi~i. on (City Mallager Transm/ttaJ !~./8/97, Cost Estimate, Survey,.Loeatjoa.M01~, GDC Dr~inag~ plan Data.) The City Manager reiterated his recommendation as stated in his agenda transmittal, gave a report on a plan to bring forward an ordinance to regulate these matters in the future and possibly budget funds each year to cover the cost of these types of installations; and requested direction to bring back a cost share agreement for the August 27, 1997 meeting and an agreement whereby the property owner will install the pipe. Mrs. Cartwright asked that an accurate survey be required in the agreement. TAPE ii - SIDE II (9:37 p.m.) The City Engineer said a survey was required for the building permit, however, elevation control will be done as construction goes on. She said building in the City is currently being done on assumed elevations and perhaps this needs to be changed in accordance with National Geodetic Surveys. MOTION by CamvrighffSullivan I move to approve the proposal for the piping of the Zurstrassen properties and ask that staff prepare a cost share agreement for council consideration at the August 27, 1997 meeting. ROLL CALL: Mr. Paul - aye 'Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrsl Cartwright - aye MOTION CARRIED 5-0 14 i '1 i I i I i I I i I i I I i I I i I Regular City Council Meeting August 13, 1997 Page Fifteen 97.156 D. 97.200 E. Approve Water_Quality Monitoring Contract Betw¢~o Sebastian_& Brevard Teaching and Research Laboratories Prepared by Cily Attorney -.Au.tb0rize Ci~ Manager ~o~xecute Contract (City Manager Tratl~mittal 8/7/97., BTR Letter, PrOposed Contracts Prepare0. b~_BTR and City Attorney} The City A'ttorney briefly reviewed the revised BTR contract. John Hill, Craven Thompson, exhibited the nine test sites in which water quality will be monitored. Carmen Weir, BTR Labs, explained the purpose of the Sebastian Water Guard, volunteers who are monitoring water quality throughout the City and surrounding areas. Mrs. Cartwright suggested a workshOp be held at some point when all the data can be reported to Council. MOTION by Cartwright/Taracka I move to execute the contract as drafted by the City Attorney authorizing the City Manager to execute the contract with BTR Labs on behalf of the City Council. ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Re,dew Proposed Novc._mber and December 1997 C.~l~Ill;[a~o_nd Reschedule Citv Council Meetings Ac~ordillgly (City Clerk Transmittal 8/6/97. Caledl(;lar~_~v~th City Manager Suggested Schedules) The City Manager reiterated his recommended schedule (see attached). MOTION by Cartwright/Taracka I move to approve the calendars for November and December City Council meetings as presented. ROLL CALL: Mr. Barnes - aye Mr. Taracka - ave Mrs. Camwight - ave Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 15 Regular City Council Meeting August 13, 1997 Page Sixteen 97.175 97.201 F. Review Pending Li~ Mayor Barnes asked about item 96.188 the conceptual design for the Indian River Drive walkway. The Director of Community Development reported (tape), said construction is. scheduled to begin in March. 16. CITY COUNCIL MATTER~ A. lVls.3.,arryJ~aul Mr. Paul said he had been contacted by someone who would like to look at a City parking area for large trucks. The City Manager said he had also been contacted and told him he would review the matter. The City Manager reported on the proposed canoe launch facility and the $!00,000 grant that Representative Sembler assisted the City in obtaining. Mr. Paul r~ported that the City Police Department does have citations and they are being written. 13.Mrs. Ruth Sull.iy~ None. C.Mayor Walter t3.;~es I. DiscussEs.tablishrnen~; ot' City Recreatio~ Mayor Barnes discussed the formation of a Recreation Committee existing of members of different organizations, with its number to be determined and suggested a charter be established stating its purpose. The City Attorney recommended that the committee's functions be adopted by resolution. The City Manager suggested an ad be placed for members. Pat Riviezzo suggested that the five sports organizations select someone to represent each of'them and let them decide when they will meet and establish rules. Mayor Barnes explained that there are codes that must be £ollowed. The City Attorney suggested that a resolution be adopted prior to appointment of members. TAPE III - SIDE I (10:25 p.m.) The City Manager cautioned that once the committee is formed as a City Advisory Committee, it must be careful that items are not discussed among the members in accordance with the Sunshine Law. 16 I I I I I I i I i I I I I I I I I Regular City Council Meeting August 13, 1997 Page Seventeen Mayor Barnes said he would still like to advertise but there is more thinking to do on the committee's functions. The City Attorney suggested that the resolution could state that specific memberships are required. At I0:30 p.m. motion was made. MOTION by Sullivan/Taracka I make a motion to extend the meeting. ROLLCALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mayor Barnes said he had asked the City Manager to supply periodic reports as to what is going on in the City departments; suggested a future workshop to review a proposal that when a person resigns the position not be filled until a study has been done to verify that the position is needed; and suggested a policy be established relative to department head raises. 17. Approved at the The City Manager agreed that there probably needs to be some guidelines for department head salaries. Mayor Barnes requested input from Council on prohibiting heavy truck traffic on Schumann Drive. The City Manager said he could try to get with the County but also do something about Schumann. D. Vice Mayor Richard Taracka None. E. Mrs,.L9~ (~glgwfight None. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:40 p.m. · 1997, Regular City Council Meeting. Walter W. Barnes Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 17 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA FORM SUBJECT: ] AGENDA NO. e'~.,~.~),~ Resolution No. R-97-47 ] Vacation of Easement - Brittle ] Lots 21, Block 288, Unit 10 ] ] Dept. Origin: City Clerl~,0,~./ ] ] Date Submitted: 8/18/97 APPROVED FOR SUBMITTAL BY: ] ] For Agenda Of: 8/27/97 City Manager: . xhiblts: R-97-47 Application ] Site Map ] Survey ] StaffReport ] No Objection Letters EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION 'REQUIRED: SUMMARY STATEMENT We have received a request for an ab'andonment of the northwest 1.8 feet of'the southest 20 foot Public Utility and Drainage Easement of'Lot 21, Block 288, Sebastian Highlands Unit 10.. All utilities have been notified and have no objections. Adopt Resolution No. R-97-47. RECOMMENDED ACTION RESOLUTION NO. R-97-47 A RESOLUTION OF THE CITY OF SEBASTL4aN, INDIAN RIVER COUNTY, FLORIDA, VACATENG, ABOLISHllNG, ABANDONING AND DISCONTINU~G THE NORTHWEST 1.8 FEET OF THeE SOUTHEAST 20 FOOT PUBLIC UTILrrY AND DRAINAGE EASEMENT OF LOT 21, BLOCK 288, SEBASTIAN I-HGHLAND UNIT 10, ACCORDING TO THE PLAT TI-IEREOF, RECORDED IN PBI 6.37, PUBLIC RECORDS OF IND~ RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY TIIE CITY COUNCIL OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. VACATION OF EASEMENT. The City of Sebastian, indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The Northwest 1.8 feet of the Southeast 20 foot Public Utility and Drainage Easement of Lot 21, Block 288, Sebastian Highlands Unit 10, according to the plat thereof, recorded in PBi 6-37, of the Public Records of Indian River County, Florida. S~:tion 2. REPEAL. All resolutions or parts °fresolutions in conflict herewith are hereby repealed. Seqtion 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. ~]ection 4, EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution 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 Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of ,1997. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter W. Barnes, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgments, personally appeared Walter W. Barnes and Kathryn M, O'Hailo~ll known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the 1997. day of Approved as to Form and Content: Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE lVly Commission Expires: Valerie F. Settles, City Attorney 2 OUL.-18'97(FRl} 13:26 FPL ST. LUGIE DISTRIBUTION TEL:S61 489 6266 F. 002 . I JUL 87 '97 89:58RM CITY OF SEBR-qTI~ ~ P.Sz3' ~E~L ~s~Z~T~ON O~ ~AL PROPgRTY OM WJI~CH m DE3CRZPTZV~ LOCATION OF EA~EMSNT TO B~ ~SANOOHED: Z I1E~ESY C~RTZF~ that i. a'~~eb~ ~he folla~ing: (~l. Mnp, plat, .u~m~, ehawlng ~he pm~mel of ~lacud eft ~ha 1leas pcav~c[ed a.mvo ~m~,~h,. deec~p~mn. · I ( ) ~ W~t~B~ aubho~i~iofl o~ ~ho O-,~m~ O~ ,~hO pa~CeL o~ land '. . , C ) S. A~ach a ahee~ Seba~t~an' ~pqn eubmi~ta~ a~ C.~g ~t~lLcm, J.O,~ Ca Cl~a . JUL.-18'.97(FRI) 1;5:27 FPL ST. LUCIE DISTRIBUTION TEL:561 489 6266 P.,005 I '97 09:58AM CITY, OF 5F_~ASTI~M P.3/-~ · ~--.~---~ ...... '--~,' ~; ........ ~ .... ~;.~-,.; ' -- ' e~' N 55'3g'40" ~ ~O.OO ,' -: ~H.~ ~ ~ ~ I 0 "il." ) ,,.~. ,,,,c ' ' I I' - - '~' 3UL 07 i THT ~ IMqWN MII~ON ~ L~A~ IN F~D ~1 'J* I.cENtII~Nt ~.,COv~.lD ~,PI~III a~ [ ~ ~m I ~.U.L.~{~ l&g ~Tl~1T UNIS MAP OF SURVEY ~ g P41/S, LI~NB: i. FOUN~ NAIL D I-Iq' ~- I~%l~U NaIL tgTiO I E,G~&W~T t..~,l, S~I ~A ABANDONMENT OF EASEMENT StaffReport Project Name: Property of Walter Brittle Requested Action: Abandonmem of a portion of the public utility and drainage easement located on the northwest 1.8 feet of the southeast 20 feet of Lot 21, Block 288, Sebastian Highlands Unit 10. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 568 Rolling I-Ytll Drive Lot 21, Block 288 Sebastian Highlands Unit 10 Walter Brittle 6600 52nd Avenue Vero Beach, FL 32967 John Laman MGB Construction Project Description: Narrative of proposed action: Application has been made for abandonment of the northwest 1.8 feet of the southeast 20 foot public utility and drainage easement of Lot 21, Block 288, Sebastian Highlands Unit 10. The applicant wishes to construct a swimming pool and screen enclosure in this easement area. b. Zoning: c. Land Use: Utilities Comments: a. b. d. RS-10 (Residential Single Family) LD (Low Density) Florida Power & Light: Southern Bell: Falcon Cable: Indian River County Utilities: city Engineer (drainage): approved approved approved approved approved Community Development Director Comments: The applicant has redesigned the pool layout to reduce their request from approximately 7 feet to 1.8 feet. It should also be noted that an abandonment of easement was granted for Lots 22 and 23 of Block 288 (the abutting property) for 4.6 feet of the easement. Staff Recommendation: Staff'recommends approval of Resolution No. R-97-47. Date City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 BEQUEST FOR ABANDONMENT OF E~4SEMENT Descrigti0n of l~asement to be abandoned: THE NORTHWEST1.8 FEET OF THE SOUTHEAST 20 FOOT PUBLIC UT1LITYAND DRAINAGE EASEMENT OF LOT 21 BLOCK 288, SEBASTIAN HIGttLANDS UNIT 10. UTILITY; M,4RTHA_CAMPBELL, CITY OF SE.B,4ST!AN APPROVED: ~' DEN"LED: FAX NO.: N/A DATE: ?- I~-R-/ APPROVED/DEN[E1) BY: (S[ONATL~) Return to: Linda Galley, City of Sebastian, City Clerk's office, Fax No. (sal)ssg-SSTO. Clt~/ oJ; $~bas~tan 127-~ MAIN STREET n SEI~AETIAN, FLORIDA TELEPHONE ($61) 589.5330 I · '[ll~A~"{,,/~,~) I '/ Return to: Li~da GaUeT, City of Sebastian, City Clerk's Office, Fax No. IJU.,-l$',97(FRI)13:26 FPL ST. LUCIE DISTRIBUTION i . 2UL 87 '97 09:58AM CITY OF' SEBRBTIAM~ July 7, 1997 TEL:S61 489 6266 P. O01 City of Sebastian 1226 MAiN STREE, T = SEBASTIAN, FLORIDA 329~8 TELEPHONE (5611 589-5330 Q FAX (501} 581]-557D I Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No. I (561)589.-5570. I Cit9 of Sebastzan 1225 MAIN STREET o SEBA~"FIAN, FLORIDA 32958 I T~L. EPHONE (561) $8g-5330 o FAX ($61) 589-S570 ~gO.E,g,2~o n ,4a~r~o~2Z.O.E.~,~z.~*Tv'r I Desc~ptJon of Falment to bubandoned: 27~F. NOR~ 1.~ FF. ET OF 77-]E $OETHEASF 20 FOOT'PlYZtLIC EY'E.17'Y AND DRA~A GE EA,~EMENT OF LOT 2] I BLOC~ 2aZ, SE~77A~ 14rXGZE, ANZXY EAgT 10. ~,~o~~ ~: ~ --,,~~- :-~-- --- ~~' ~ I Return to: Llnda Gall of Se tiaa, Cityrk's Office, iFax No.I ($61)S89-5570. I PO1 P, Cit~ of I 1,32~ MAIN STREET a ~EaASTIAN, FLORIDA TELEPHONE (551) 58~-5330 o FAX (581) I ~e~p~n of ~sem~t to b~don~ ~OR~~TL sov~~r ~o root ~v~c vr~ ~ a~AO~ ~SZ~ Or ZOr i; I Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No. (S61)SSg.SS?O. I I I I i I i i I I I I I I i i I I i I City of Sebastian, Florida Subject: Approval to submit Florida Agenda No. q~/~ / q~/ Recreation Development Assistance Program Grant Application Department Origin: City Manager Approved for Submittal by: City Manager Date Submitted · August 22, 1997 EXPENDITURE REQUIRED: AMOUNT BUDGETED: $25,000 $25,000 in Proposed F.Y. 98 Budget EXHIBITS: 1. Copy of Grant Application 2. Proposed Resolution in Support of Grant Application For Agenda of August 27, 1997 APPROPRIATION REQUIRED: None if proposed budget approved SUMMARY STATEMENT Attached is a copy of the proposed grant application for the improvement proposals to the green building located at the Barber Street South Sports Complex. The grant is for $I00,000. If approved, there is a match requirement of $25,000. in anticipation of the grant, $25,000 was programmed into the proposed 1997-98 capital budget. The source of funding for the match would be discretionary sale tax. Also attached is a copy of proposed Resolution R-97-48 demonstrating the City Council's approval of the proposed grant application. RECOMMENDED ACTION Approve submittal of grant application and Proposed Resolution R-97-48. RESOLUTION R-97-48 A RESOLUTION BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, ENDLAN RIVER COUNTY, FLORIDA, SUPPORTING THE APPLICATION FOR A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR THE BARBER STREET RECREATION COMPLEX. WHE~S, the City of Sebastian, Indian River County Florida, is filing a grant application with the State of Flotida through the Florida Recreation Development Assistance Program; and WHEREAS, the City of Sebastian is experiencing a growing demand for diverse recreational needs within the City; and WH2ERF~S, there is an existing under utilized facility consisting of land and a building which could provide a significant unmet need for emergency storm shelter, football practice field, small soccer field, shuffleboard courts, basketball courts, picnic area, handicap accessible public restrooms and multipurpose sheltered space, equipment storage, and bicycle parking; and WHEREAS, this facility will meet an unmet need in support of recreation for a broad range of interests and age groups; and WHEREAS, the City of Sebastian and Indian River County are coordinating the future programming and planning of recreational activities at the Barber Street Recreational Complex; and WHEREAS, The City Council of the City of Sebastian held an advertised heating on Wednesday evening, August 13, 1997 at 7:00 P.M., for the purpose of publicly presenting its intent to file an application for these purposes and to receive public input; and WHEREAS, no one appeared in objection to said proposal at the advertised and noticed meeting, and I I i I i I I I I I i I I I I I I I I WHEREAS, it is the desire of the City of Sebastian to proceed forward with the grant application; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Sebastian, Indian River County, Florida this 27th day of August, 1997 that 1. The City officially approves the submittal of the Florida Recreation Development Assistance Grant in the requested amount of $100,000; 2. The City agrees to match the grant up to $25,000 for the grant of $100,000; 3. The City Council urges the approval of the application which supports recreational improvements and fosters intergovernmental cooperation between the City of Sebastian and Indian River County. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution 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 R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this ~ day of ,1997. CITY OF SEBASTIAN, FLORIDA " Walter W. Barnes, Mayor ATTEST: Kathryn M. 0'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney LORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (Response to DEP Form ~t42-010, Rev, 02/97) PART I GENERAL INFORMATION 1. APPLICANT INFORMATION A. Name of Applicant City of Sebastian B. Federal Employment Identification Number: 59-600427 C. Population: 13,500 D. Current Operating Budget: General Fund $10,917,741 E. Contact Person: Chris McCarthy Title: Parks Supervisor Address: 1225 Main Street City/State Sebastian, Florida Zip Code 32958 Telephone: (561) 589-5330 Suncom: 221-5412 FAX: (561) 589-5570 I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature Date Draft Version 2 August 19, ~1997 2. PROJECT INFORMATION A. Name of Project: B. Project Type Barber Street Recreation Complex Recreational Development On land owned by applicant (included is a boundary map of the project site as Exhibit J and a copy of the site control document as Exhibit M) C. Project Location Street Address: Barber Street City: Sebastian County: Indian River D. Legislative Districts in which the project site is located: STATE SENATOR: PATSY KURTH STATE REPRESENTATIVE: CHARLES SEMBLER SENATE DISTRICT: 15 HOUSE DISTRICT: 80 E. Physical Characteristics of the Project Site: Barber Street Sports Complex is an 18.5 acre site situated in the central highlands of Sebastian, Indian River County, Florida. It is the primary recreational complex serving a growing and increasingly diverse population. The multi- purpose complex includes baseball and softball fields, a basketball court, a creative playground, and is also used for football, soccer, and other recreational purposes. This project will provide for development of a football practice field, a small soccer field, shuffleboard courts, basketball courts, picnic area, handicap accessible public restrooms, emergency storm shelter in a multi-purpose sheltered space, equipment storage, and bicycle parking. It completes a link in the city-wide bicycle trail system making tennis courts accessible to area residents. The recreational complex is currently used by all age groups from T-ball Little Leaguers to Senior Citizen Softball players. The addition of shuffleboard courts, basketball courts, picnic area, and the availability of indoor/outdoor multipurpose space will increase the recreational potential for Sebastian's urban population and will better serve all age groups in the North County area of Indian River County.' The land, a fiat open area essentially devoid of trees, was acquired from General Development Corporation in a bankruptcy settlement by the City of .I i I I i I I I I I I I I I I I I I I Sebastian. While it has always been intended for recreational purposes, development of the complex has lagged behind the increasing needs of the rapidly expanding population. There is an existing aged storage building, measuring 40' x 80' on the site, which will be reclaimed in this project to serve as the foundation for public restrooms, emergency storm shelter, equipment storage, and for additional recreational activities (such as gymnastics and aerobics) that are more safely conducted indoors during summer months. Currently there is no shelter in the complex to protect the park users in the event of a suddenly appearing thunderstorm. This is of major concern in this area as during summer months, when the park is continually busy, lightning strikes are frequent and storms come upon us quickly. The complex is centrally located in a primarily residential area. It is accessible by car via paved streets and recently developed bicycle paths enabling the residents of the community to reach the park safely without interference from automobile traffic. The proposed project area completes the last link in the city- wide bicycle trail system. There is also ample provision for pedestrians to reach the park using the bicycle path and area sidewalks. At this time, there is no public transportation serving the Sebastian area. = FINANCIAL INFORMATION A. FRDAP Funds Requested: Line A $ B. Local Funds Available: 1. Cash Line B $ 2. In-Kind: Line C $ 3. Land Value Line D $ 25,000 (NOTE; IF PROPERTY IS DEVELOPED, LAND VALUE CANNOT BE USED) Total Local Funds Available: Line E $ C. Total Cost of Proposed Project Line F $ (NOTE: Total project cost (line F) must equal the grant request (line A) plus the total local funds available (Line E)) D. Project Cost Estimate (Must complete for development projects) (Notes to Chris McCarthy and Pat Richter:: If land value is used as match, it should be included under primary cost. Primary cost include all recreation facilities and opportunities. For each element, please indicate if it is a new facility or a renovation of an existing facility. Primary cost must be equal to or greater than 50 percent of the total cost. Attach a separate sheet if needed. REMEMBER TO iNCLUDE EACH ELEMENT IN YOUR CONCEPTUAL SITE PLAN.) PRIMARY RECREATION AREAS AND FACILITIES: NEW FACILITIES Quantity Description Estimated Cost Shuffleboard Courts Basketball Courts Small Soccer Field Football Practice Field RENOVATION OF FACILITIES Renovation of Existing Creative Playground Renovation of Existing Metal Building Cost of planning and site preparation $25,202 $6,000 TOTAL PRIMARY COSTS SUPPORT COSTS 2 Handicap accessible public restroom areas with multiple stalls, storage area and interior shells for offices Landscape plantings per site plan Bicycle rack to accommodate __ bicycles Improved public access (entryway paving) and sidewalks/bicycle trail Costs of planning and site preparation for above TOTAL SUPPORT COSTS TOTAL COST OF PROPOSED PROJECT $37,000.00 PART II EVALUATION CRITERIA 1. GENERAL EVALUATION CRITERIA A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule? Yes (See Exhibit A) A copy of the five-year capital improvement schedule included in the applicant's adopted LOCAL COMPREHENSIVE PLAN is included with this application. B. Explain the extent to which the proposed project would implement one or more of the outdoor recreation goals, objectives, and priorities specified in the currently effective State Comprehensive Outdoor Recreation Plan. (Use Chapter 9 in OUTDOOR RECREATION IN FLORIDA- 1994 SCORP) The proposed prOject implements multiple State Comprehensive Outdoor Recreation Plan goals as delineated in Exhibit B (Tab B). C. The priority resource/facility needs are as follows: (For Population Density 2, Population 10,000 to 24,999, the table is as follows:) Renovation Need/Index New Construction Need/Index X X Restrooms 46.5 X Rest Rooms 36.8 Playgrounds 39.5 X Playgrounds 36.0 Baseball Fields 30.7 Softball Fields 29.9 Tennis Courts 24.5 X Soccer Fields 27.3 Softball Fields 23.6 Baseball Fields 26.3 Basketball Courts 23.6 X Basketball Courts 25.4 Boating Facilities 21.1 X Picnic Facilities 21.1 Swimming Pools 18.5 Swimming Pools 19.3 Picnic Facilities 14.1 X Football Fields 14.9 Public Participation (Check all that apply) / 2. This project was discussed at regularly scheduled meetings of the City Council and was pre-advertised and announced. Agendas are attached as Exhibit C2. E. The proposed project does not provide for a linear park, however, it enhances existing open space and developed recreational park land. F. The proposed project is not for preservation purposes. G. The applicant has a full-time park department staffed to provide facility development, programming and maintenance capabilities. A copy of the agency organizational chart with a job description is shown as Exhibit F. '1 I I I I I I I I I I I I i I I I i I I I I I I I I I I I I I I i I I I 2. DEVELOPMENT CRITERIA A. List the existing facilities/improvements on the project site: The foundation and updghts of an old metal storage building are on the site. Baseball/softball fields, a creative playground, a basketball court, and a concession stand with some restrooms are on the site across the street from the area to be newly developed. As a part of a public-private partnership, local citizens have begun construction of a concession stand/scoreboard with limited-access restrooms to serve the football-field area, and work has begun on grading and outlining an area for football and soccer games and practices. Electricity and water are available to the site. A dirt path enables motorized vehicles to access the storage building area and beyond. The eventual plan is for the largest football field to feature bleachers to seat 200 and for the main football field to be lighted for night games and/or practices. B. New recreational and additional recreational opportunities provided: · · · · C. Shuffleboard Basketball Bicycle dding destination Football field Picnic area Soccer field Gymnastics and aerobics area in indoor/outdoor shelter Multipurpose open space for unspecified activity like volleyball and badminton Passive recreational, educational, and meeting space under shelter Renovated facilities: Storm shelter Multipurpose activities area Support: Handicapped-Accessible Public Restrooms Equipment storage Public Access Driveway Landscaping N/A F. N/A G. Facilities to be constructed as identified as a new construction or a renovation/repair need for the applicant population density in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA" are presented in the following list: For the population density of the City of Sebastian, the following new or renovated facilities apply as indicated in the "1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida:" New practice football fields New parking access and lot New picnic facilities in SW corner New shuffleboard courts New handicap accessible public restrooms New storage ama Renovated Creative Playground Renovated storm shelter/multipurpose area H. The proposed project addresses the highest pdority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA" 'This project qualifies as a # 1 Priority Funding Need 3. Acquisition criteda N/A PART III. SUPPORTING DOCUMENTATION Capital improvements schedule including the proposed project is presented as Exhibit A (Tab A). SCORP 'objectives support documentation - The written response to Part II, Item lB on p. 4 of this application, including narrative explaining how the project implements one or more of the outdoor recreation goals and objectives as listed in the 1994 SCORP document is presented as Exhibit B (Tab B). Public participation documentation: Copy of public meeting advertisements and agendas are presented as Exhibit C (Tab C) D. Linear park linkup (Tab D) Not applicable to this project E. Dept. of State letter if project is historical (Tab E) Not applicable to this project Documentation of ability to support programming and maintenance of project site is included as Exhibit F. (Tab F) FNAI letter to vedfy resources protected by the project.(Tab G) Not applicable to this project Ho Excerpts from the Recreation/Open Space element of the local comprehensive plan identifying needed acreage/distribution of acreage are included as Exhibit H. (Tab H) CONCEPTUAL SITE PLAN for development of project area: The Conceptual Site Plan is included as Exhibit I. (Tab I) NOTES TO Chris McCarthy and P. Richter Submit a conceptual site plan displaying the areas and facilities to be developed as proposed in the scope of the application. The site plan must correlate with the project area identified in the project boundary map and cost estimate. The site plan must CLEARLY DELINEATE between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. (NOTE: Color code site plan displaying all areas and facilities/opportunities which will be developed within 3 years) J. BOUNDARY MAP of the project area: A boundary map of the project area is provided as Exhibit J (Tab J) Photographs of the project site: (see Tab K) Color, on-site photographs sufficient to depict the physical characteristics of the project area are included as Exhibit K. Location map and directions: A detailed street map precisely locating the project site is included as Exhibit L, along with written driving instructions from the nearest federal or state highway. (Tab L) Site Control Document (deed or lease to property and building) A copy of the site control document (deed) for the project site is included as Exhibit M. (Tab M) INDEX TO EXHIBITS TAB A. TAB B. TAB, C, TAB F. TAB H. TAB I, TAB J, TAB K. TAB L. TAB M. iii CAPITAL IMPROVEMENTS SCHEDULE SUPPORT, DOCUMENTATION FOR 1994 SCORP OUTDOOR RECREATION GOALS AND OBJECTIVES (NARRATIVE) PUBLIC PARTICIPATION DOCUMENTATION PROGRAMMING AND MAINTENANCE SUPPORT DOCUMENTATION PRESENTING ORGANIZATIONAL CHART AND JOB DESCRIPTION EXCERPTS FROM THE RECREATION/OPEN SPACE ELEMENT OF THE LOCAL COMPREHENSIVE PLAN CONCEPTUAL SiTE PLAN FOR DEVELOPMENT AREA. BOUNDARY MAP OF THE PROJECT AREA COLOR PHOTOGRAPHS OF THE PROJECT SITE. PROJECT LOCATION MAP AND WRITTEN INSTRUCTIONS FOR FINDING LOCATION FROM U.S. HIGHWAY 95 AND COUNTY ROAD 512. INSTRUMENT OF PROPERTY OWNERSHIP EXHIBIT B. SUPPORT DOCUMENTATION FOR 1994 SCORP OUTDOOR RECREATION GOALS AND OBJECTIVES PART II EVALUATION CRITERIA EXHIBIT B B. The proposed project implements outdoor recreation goals and objectives as delineated in Florida's Statewide Comprehensive Outdoor Recreation Plan (SCORP 1994) as follows: As cited on page 9.1, the proposed project will serve a larger segment of the region's population, by promoting "educational and cultural enrichment and recreational activities outside traditional systems through the increased use of community and educational facilities and develop[lng] creative alternatives to educational programs in order to serve a larger segment of the population," By providing increased space to accommodate a growing population, this project will enable area program providers from the private sector, the schools, the county recreation department, and the state to offer more educational and cultural opportunities. The proposed project also directly fulfills the goal of the state cited on page 9.1 "to expand state and local efforts to provide recreational opportunities to urban areas, including the development of activity-based parks." The park, which will be a multipurpose facility, provides for specific activities heretofore unserved in this area. By providing football practice fields, additional soccer practice areas, picnicking, volleyball, shuffleboard, and some recreational activities that require shade, the project will expand state, county, and local efforts to provide for recreation in this increasingly urban area. The proposed project fulfills the goal of protecting and expanding park systems throughout the state. Further, it will "enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recreational activities." This project will fulfill the goal of stimulating "increased private-sector participation and support for historical and cultural programs," in that we will newly have a location in which to conduct such programs. And, finally, this project will comply with the goal of acquiring and managing "public lands to offer visitors and residents increased outdoor recreation experiences." In fulfillment of the educational goals of the SCORP document, the proposed project will provide for increased environmental awareness by providing a location in which to conduct programs regarding the area's environmental assets. Citizen support organizations for area wildlife refuges and the State Recreation Area are prepared to offer education, just as area recreational organizations from the private sector and the county are ready to offer, sports programs and education. On page 9.10 of the SCORP document, the goal of soliciting donations and cost-sharing arrangements, and Iow maintenance facility design are all applicable to this proposed project. Commitments are on record for the construction of a concession area to serve this site and work has begun at the time of this application. The costs of this phase of the project have been shared between the City of Sebastian and the private sector through both financial and in-kind support. All of the construction is being managed by the local private sector. Citizen support for the proposed project area is strong and commitments from the County and local sports groups are attached to this exhibit. On page 9.11, the goal of encouraging the private sector to become more involved is well served by this project. The proposal itself and all of the planning work has been undertaken by the private sector. Local citizens are providing the man power in obtaining all of the needed information and costs gathering for the project. The city is providing the managerial expertise and direction and enabling this grant application process. On page 9.13, regarding Bicycle Trails: The trail at the proposed project site completes a link in a city-wide bicycle trail plan and enables bicycle riders to access not only the park addressed in this' application, but through the finalization of this link, to reach the area's tennis courts located at the other end of the bicycle trail. The network of bicycle trails undertaken in Sebastian effectively connects from a potential user's home to a sedes of trails that travel through developed and undeveloped areas alike, linking the primary recreational Parks of the city. On page 9.15, picnicking, not previously accommodated at the project site, will be made possible in conjunction with the multiuse nature of the site. A specific, limited number of tables will be available to picnickers. However, because the storm shelter, multipurpose renovation of the 40'x 80' building is accessible with large overhead doors, more public events may be held, such as community-wide picnics, sports program registrations, award ceremonies, and the like. This is currently not possible because of the lack of a suitable facility. The versatility of this renovated structure and its redeployment as a multipurpose recreational shelter will greatly enhance the potential for broadened recreational and cultural opportunities. The availability of public restrooms and the presence of on-site maintenance will ensure adequate provision for solid waste disposal through the park to maintain a quality environment and to comply with all prevailing health regulations. On page 9.18, "User-oriented Recreation," while understood to be the primary responsibility of the local municipality, will be provided at this proposed project site by the City of Sebastian, the Vero Beach, Indian River County Recreation Department, and the private sector as evidenced by the letters of support attached and the. City's Organizational Chart shown as Exhibit F. Finally, the objectives stated on page 9.20, Outdoor Recreation Need Priorities, in Item 3: "Multi-purpose resources should receive priority over single- purpose resources...". (This goal will clearly be met by the proposed project because the development assistance sought will provide for a multi-purpose, multi-use, accessible recreational area with support facility.); Item 4: High-density use, as determined, by the greater number of users that will be served and the indication of need evidenced by the increase in population; and Item 7, which provides for facilities for the management of the resource. The renovation of an existing storage building into a park asset, useful for housing staff, weather- dependent indoor/outdoor activities, and care-taking equipment exactly addresses this priority need. EXHIBIT C. PUBLIC PARTICIPATION DOCUMENTATION EXHIBIT F. PROGRAMMING AND MAINTENANCE SUPPORT DOCUMENTATION VIA ORGANIZATIONAL CHART AND JOB DESCRIPTION vii EXHIBIT H. EXCERPTS FROM THE RECREATION/OPEN SPACE ELEMENT OF THE LOCAL COMPREHENSIVE PLAN VIII EXHIBIT I. CONCEPTUAL SITE PLAN FOR DEVELOPMENT AREA '1 i I I I I I I I i I I I I I i I I EXHIBIT J. BOUNDARY MAP OF THE PROJECT AREA EXHIBIT K. COLOR PHOTOGRAPHS OF THE PROJECT SITE EXHIBIT L PROJECT LOCATION MAPS AND INSTRUCTIONS FOR FINDING LOCATION FROM INTERSTATE HIGHWAY 95 AND COUNTY ROAD 5'12 xii WRITTEN INSTRUCTIONS FOR DRIVING TO THE PROJECT SITE: From Interstate 95, Southbound lanes, take Exit 69, indian River County Road 512, also known as the Fellsmere Road, and proceed East. Go approximately 5 miles, to the third light, and turn South '(right) on Barber Street. The Project Site is approximately six (6) city blocks from the intersection of 512 and Barber Street. City of Sebastian, Florida Subject: Transfer of Funds to fund the hooking up of the Green Building septic tank to the new drain field built by the Sebastian Panthers and to fund a step down transformer for the football lighting. Agenda No. q'/3. 0 ~5 Department Origin: Public Works/Parks Date Submitted: August 21, 1997 Approved for Submittal by: City Manager For Agenda of August 27, 1997 EXPENDITURE REQUIRED: AMOUNT BUDGETED: $5,620 $90,000 APPROPRIATION REQUIRED: None SUMMARY STATEMENT To comply with the requirements of the Indian River County Health Department, the septic system of the green building had to be hooked into the new septic system constructed by the Sebastian Panthers, Inc. The extra cost is $620. Staff authorized the Panthers to proceed with the hookup in that it would be more expeditious to have the work performed 'by the Panthers since they were in the final stages of completing the septic tank and drain field for the new concession building. The lighting controls for the newly installed football field lights are in the new concession stand building. In order bring the power into the building from a large outside transformer to be set by FP&L, a stepdown transformer is necessary. The stepdown transformer is a legitimate expense against the lighting costs. Again, became the Panthers already have their electrician available, it is more efficient to authorize the Panthers to facilitate the installation and hook up of the step down transformer and install the necessary breakers and switches to operate the football field lighting costing $5,000. RECOMMENDED ACTION Approve the City Manager to sign an amendment to the agreement between the City and the Sebastian Panthers, Inc. to provide for installation of septic tank hook-up and field lighting electrical installation for a not to exceed cost of $5,620. Also approve the transfer of $5,620 from capital improvement project #26-97-DST 003 into capital improvement project #26-97-DST 005. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589~5570 AGENDA FORM SUBJECT: RENTAL OF ] AGENDA NO. COMMUNITY CENTER FOR ] FOR A WEDDING RECEPTION ] ] ] ] ] APPROVED FOR SUBMITTAL BY: ] ] ] City Manager:.~,~,~. ~,,,~Exhibits: ] Dept. Origin : City Clerk !';~', D' ~ Date Submitted: AUGUST 11, 1997 For Agenda Of: AUGUST 27, 1997 Application dated 08/11/97 EXPENDITURE · REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~UMMARY STATEMENT The City has received an application from Darla Banghart requesting permission to rent the Community Center for a wedding reception on September 20, 1997 from 6:00 p.m. to 11 :OOp.m. She is also requesting the use of alcohol and decorations at this event. RECOMMENDED ACTION Move to approve the request. CITY OF SEBASTIAN RENTAL pERi~IIT APPLICATION Name oi' Permit'tee Name of O~aniza~ion or Group ~ App~c~le: R~n for Rent~ ~ ~ t ~ / APprox # o~ Persons Attendin~ Event TLme of ~ From ~ ~ To: ] YACHT CLU-B I I I Please Answer YES or NO: .... 1) Are kitchen fac/I/ties required? 2) Are you a resident of Sebastian? 3) Will decorations be put up?" 5) Will alczholtc beverages be served? (a) If answer to #5 is Yes, Permittee's Proof of e: ' (b) Ifalcoholisto~beservtscLA:ermissionisrequiredby ~ty ' Your request wia be presented to Make Checks Payable to: CITY OF $ _k'~ ASTIAN "' SPECIAL NOTE: A se~ce fee o! 5% or $20.00 (whichever ia greater} may he charged for any dishonored check per Florida State Statute 166.251. OFFICE USE Security \ Cash Check Initials Rental Fee Pu/d On , - Date Cash Check 'Initials ONLY_. Alcah~l Laevercge Request hecn'd ct the C.~uncil Mee~g cn Key Pickup Date Security Deposit Ret'umed By City Check: No. Comments: Key Return Dote in the cn'n~unt of APPROVED/D~NIED on I I I I i I I City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 cl FAX (561) 589-5570 AGENDA FORM i I I I I I i I SUBJECT: RENTAL OF COMMUNITY CENTER FOR WEDDING RECEPTION APPROVED FOR SUBMITTAL BY: ] AGENDA NO. ] ] ] ] ] ] ] ] ] Dept. Origin : City Clerk~ \ Date Submitted: AUGUST 18, 1997 For Agenda Of: AUGUST 27, 1997 APPLICATION EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT I i I The City has received an application from Mike Duhame requesting permission to rent the Community Center for a wedding reception on February 14, 1998 from 3:00 P.M. to 7:00 P.M. He is also requesting the use of alcohol at the event. .RECQMMENDED ACTION Move to approve the request. I I .I CITY OF SEBASTIAN ' I R. ENTAI, PERMIT AFPLICA TION · ~.m:: or OR~.~:,,:z~y:o:,: OR-~-~.OU:' ::' ^:':',.:C~,.::.' · PLEASE ANSWER }'~ OR NO: .! ,,"c' . "qO dO ' I ~. AR~ rrrcmN FACILmES REQUIRED? '¥ u,s : c~ · 2. ARE YOU A RESIDENT OF SEBASTIAN? ~ ¥~ ~' $. WILL DECORATIONS BE PUT UP7 N/C~ I I 4. WILL THERE BE AN ADMISSION OR/DOOR CHARGE? 5. WILL ALCOHOLIC BEVERAGES BE SERVED7. ,~ (a) IF ANSWER mo #5 IS Y~ PERMHTEE ~ pROOF OF AGE: "~,~. (13) IF ALCOHOL IS TO BE SERVED, PERMISSION IS REQUIRED BY_cITY COUNCIL. YOUR REQUEST WILL BE PRESENTED mo COUNCIL ON: SECURITY DEPOSIT $' ~-~ RENTALS' +7% TAX = $ M5I~ CHECKS PAYABLE TO; CITYOF$£B~ ~A SERVICE ~L~ OF ~ OR $$0.00 ONItICH I$ GREA TE£) h~A Y BE CHARG£D £OR A DISHONORED CI-I~CK P£R PL ORYDA STA T~ 5TA ~ I G G.2 U L OFFICE USE ONLY I SECURITY DEPOSIT PAID ON: RENTAL FEE PAID ON: CASH ~//~ CHECK DATE CASH CHECK INITIAJ~ I I ALCOHOL BEVERAGE REQUEST AT THE COUNCIL MEETING ON APPROVED/DENIED KEY FICKUP DATE: sECURITY DEPOSIT RETURNED BY CITY CHECK #: COMMENTS: , KEY RETURNED: FOR $_ ON: I I I Subject: Appointment of Regular Member to the Board of Adjustment, Term to expire June 2000 City of Sebastian, Florida Agenda No. effigY, ,~ ~--, Department Origin: Community Development Approved for Submittal by: Date Submitted · August 7, 1997 ~~l~d ~). ~ _ ..._For Agenda of August 27, 1997 Exhibits: 1) Application ~2) Minutes from Board of Adjustment 8/5/97 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY Mr. Gregory Gore's regular member term on the Board of Adjustment expired 6/97. The position was advertised to the public, accepting applications until May 23, 1997. An application was received for Mr. Gore. There were no other applications received. At its regular meeting of August 5, 1997, the Board of Adjustment passed a motion to recommend the City Council to re-appoint Mr. Gregory Gore to a three-year regular member term expiring 6/1/2000. However, the provisions of Section 10, Resolution R-94-51, requires the City Council to interview each applicant a at public meeting prior to voting for their selection. RECOMMENDED ACTION Interview the applicant and make an appointment to the regular member position, term to expire 6/1/2000. I I I I I I I I I I I I I I I I I 2. 3. 4. 5. 6. 7. 8. 9, APPLICATION TO SERVE O.N .CITY BOAR SOCIAL' SE~!~ ~ER: ~ ~ r ~ ~ [ ~ .... ,~- RESUME OF EDUCATION AND EXPERIENCE: O AJ (~/ , (use additional shee'~s if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. 18. Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes~ .No .... Yes No ~ Yes,,~ No__ PLEAS~ CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice bet~9 "1") , · · BOARD OF ADJUSTMENT ,~ CEMETERY COMMITTEE · CODE ENFORCEMENT BOARD · CONSTRUCTION BOARD · PLA2fNINGAND ZONING HANDICAPPED COMMITTEE What qu~kl~ficatton~,do you ha~ to serve on this board? 17. What reasons do you have for wishing to serve on an advisory boardh - ' 18. Have 'you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~ . other/than the 19 Would you consider serving on another Board one(s) you selected above? Yes No ~ I hereby certify that I am qualified to hold the position for which this application is made. Further,-I hereby authorize the Cit~ of Sebastian to investigate the truthfulness of all info~mation which I have provided in this application. unders%and that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I'Understand ~hat the City Council of the City of SEBASTIAN may suspend or remove from office any-municipal board member for malfeasance, misfeasance, neglectedduty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Fuz-ther, I understand that the City Council may suspend any municipal board member-who is-a~ested for a felOn~ or for a misdemeanor related to the duties of his office or who indicated or informed against for ~he Commission of any felony or misdemeanor I hereby aUthorize ~he-Sebastia~.Police Department to run an active warrant check on.me. t~o ~e _or has p~~d _ as iden%ificatton. ( S~A~. ) Not~F~'' Public, St~ ida Name of Notary (Printed or Typed) tommiSsion No. I I I I ! I I I I I I i I I I I I I CiTY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING AUGUST 5, 1997 Chairman Oberbeck called the meeting to order at 7:00 P.M. ROLL CALL: PRESENT: EXCUSED ABSENCE: Mr. Crockett Mr. Gore Chmn. Oberbeck Mr. Beckwith Mr. Capp Mr. Devito Mr. Freeland ALSO PRESENT: Robert Massarelli, Community Development Director Ann Brack, Recording Secretary OLD BUSINESS: APPROVAL OF MINUTES: MOTION by CappfDevito I make a motion to approve the December 3, 1996 minutes. A voice vote was taken. 5 - 0 motion carried. NEW BUSINESS: A. Recommendation to City Council - regular member position - term to expire 611120OO MOTION by Capp/Devito I make a motion to approve to City Council that we accept Greg Gore's application for regular member position, term expiring 611/2000. A voice vote was taken. 5 - 0 motion carried. Chnm. Oberbeck read the procedures and format for the quasi-judicial hearing B. PUBLIC HEARING: GEORGE AND RITA DALEY, in regards to property located at 139 Columbus St., City of Sebastian, Lot 6, Block 14, Sebastian Highlands, Unit #1, are requesting a variance from section 20A-5.6 of the Sebastian Land Development Code to allow a septic system within the rear yard, whereas the Code requires the septic system to be placed in the front or side yard, ~--~ and to allow placement of a well in the front yard, whereas the Code requires a J .~ ', 'l BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF AUGUST 5, 1997 well to be placed within either the portion of the side yard that is not forward of the front building line or within the rear yard. At this point Mr. Capp stepped down from the Board because he is representing Mr. & Mrs. Daley. He submitted a form 8B, conflict of interest. Mr. Massarelli noted that a recent decision on procedure for land use decisions changes the order of presentation where the applicant goes first, followed by the staff. Chnm. Oberbeck asked for agreement from the applicants, which they gave. Chnm. Oberbeck opened the quasi-judicial hearing at 7:12 P.M. Mickey Capp of 109 Harbor Point Drive, Sebastian, representing George and Rim Daley, was present and gave a brief presentation on this issue. Mr. Massarelli gave staff presentation and recommended approval with the seven (7) issues noted in the staff report, and the following additional finding included in the staff report: k is further recommended that the variance only be granted for the west 30 feet of lot 6, Block 14 for the septic tank variance and the south 15 fc~ of the east 10 feet of lot 6, Block 14 for the well variance. Mr. Massarelli added a recommendation that the variance ~plre in one year if'the well or septic tank have not been installed. There were no proponents and no opponents. Mr. Mike Treglio spoke to the Board about not having received a notice of this hearing, and it was explained that his purchase of the property occurred in July of 1997, and thc information has not reached the tax rolls as yet. All addresses for notice letters are obtained from the tax roles. Mr. Treglio proceeded to inquire about the distance of the Daley's septic from his property and home. Mr. Capp and Mr. Massarelli compared the surveys of the two properties and determined that the distance was adequate. After the discussion, Mr. Treglio commented that he and his wife do not object to the Daley's variance. Mx. Massarelli explained the discussion for the record. Chron. Oberbeck closed the quasi-judicial heating at 7:20 P.M. MOTiON by Gore/Devito I make a motion to grant the request for variance on the stipulation that the recommendation as shown on page three (3) of our package, paragraph twenty-two (22), I Subject: Resignation of regular member on the Code Enforcement Board. Approved for Submittal by: Exhibits: Resig~_fion letter dated July 31, 1997 EXPENDITURE REQUIRED: None City of Sebastian, Florida Agenda No. q'Z zc,7 Department Origin: Cornmu~nity Development Date Submitted: August 20,1997 For Agenda o~ AMOUNT BUDGETED: None August 27, 1997 APPROPRIATION REQUIRED: None SUMMARY The Code Enforcement Board at their regular meeting of August 20, 1997 accepted the resignation of regular member A1 Goelz, who is moving fi.om Sebastian. Mr. Goelz' position was termed the "resident" position because the architect' position, required by Section 2-179 of the Code of Ordinances, could not be filled by a registered architect. The position will be advertised as an architect position. RECOMMENDED ACTION Please accept resignation. 'JUL ~ 1997 I I I I .I I I ! I City of Sebastian i 1225 MAIN STREET n SEBASTIAN, FLOR DA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Handicapped Self- Evaluation Committee Resignation AGENDA NO. 9~- ~_~ DEPT. ORIGIN Human Resources DATE SUBMITTED: 8/12/97 MEETING DATE: 8/27/97 EXHIBITS: Resignation Letter from John Kanfoush Dated 8/7/97 APPROVED FOR SUBMITTAL: City Manager: ~~.~ c.L},~ EXPENDITURE AMOUNT REQUIRED: BUDGETED: APPROPRIATION REQUIRED: ~.UMMARY STATEMENT John Kanfoush, Chairman of the Handicapped Self-Evaluation Committee is resigning since he is moving out of Sebastian and is no longer eligible to be a member. RECOMMENDED ACTIOF Move to accept the resignation of John Kanfoush and advertise for a regular member. !1 i I I I I I I City of Sebastian, Florida Subject: Board Appointment Resolution No.Agenda No. ~, 00/ R-9745 and Ordinances No. 0-97-56 and 0-97-57 Department Origin: City Manager Approved for Submittal by: City ManagerDate Submitted · August 5, 1997 ~J,~ ' For Agenda of: August27, 1997 Exhibits: Resolution No. R-97-45 and Ordinances No. 0-97-56 and 0-97-57 EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: -0- SUMMARY At a Workshop held on July 16, 1997, the City Council reviewed a draft ordinance providing for uniform procedures for board appointments. This ordinance is attached for your consideration. Additionally, the existing board appointment resolution has been modified to reflect the code changes. Finally, we have enclosed copies of existing code provision which will be deleted, so that all board appointment procedures can be consolidated into one section of the code. RECOMMENDATION Move to set public hearing date of September 24, 1997 for Proposed Ordinance No. 0-97-56 and 0-97-57. Move to adopt Resolution No. R-97-45. 0-97-56 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING UNIFORM PROCEDURES FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPOINTMENTS; PROVIDING FOR A LIST OF VOLUNTEERS; PROVIDING PROCEDURES FOR ANNOUNCEMENT OF VACANCIES AND APPLICATIONS FOR APPOINTMENT; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR TERMS; PROVIDING FOR REMOVAL PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE WHEREA~, the City Council of the City of Sebastian,' Florida, ("City Council") desires to consolidate procedures for board, commission and committee appointments into one section of the Code of Ordinances; and WHEREAS, the City Council finds that this consolidation will clarify appointment procedures and that this will further the health, safety and welfare of the citizens of Sebastian, Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, A3 FOLLOWS: ~ection %. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-166 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: "Board" shall mean any board ~ committee of the city, which is established by ordinance as a permanent board or committee of the city. "Committee" shall mean any committee or commission of the city, which is established by resolution to study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion of its assignment or on a date certain as provided by the resolution creating the committee or commission. Neither "board', nor "committee" shall be construed to include the City Council. SectiQrt2. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-167Appointments. The City Council shall make all appointments and reappointments to the boards and committees of the city. Unless waived by the City Council and the applicant, the City Council shall' interview persons requesting consideration for appointment at a public meeting. Following said interview, the City Council shall fill the vacancy from the list of applicants. All boards and committees shall have at least one (1) alternate member, with a maximum of %~9~(2) alternate members. . . ' NO' member".O£ any~,.~.~,t~~rd ~or committee.shall become a candidate' for ~:~%'~51~ his or her ter~'[ Should any membe~ of a-:city b°ar~ or · committee qualify a~ a candidate fo~ elective political office' such qualification shall be deemed a tender of resignation from such board or committee. No person · shall serve on more than one~ (1) city' boardi:. simultaneously. new section of Chapter 2, Article VI, Division Section 3. A 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: ~ Section 2-168 List of volunteers. (a) Twice a year advertisements shall be published in a newspaper of general circulation setting forth a list of all city boards and committees, special qualifications necessary for membership and the city telephone number to call for additional information. 2 Sect~gn 4. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-169Announcement of vacancies, applications for consideration. Vacancies in the membership of a city board or committee shall be announced by the City Clerk by posting a notice of same at a public place in the City Hall and by publishing a copy thereof in a newspaper of general circulation in the city. Persons wishing to be considered for appointment shall file an application with the office of the City Clerk. Se~tiQn 5. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board, or committee is being considered for appointment or reappointment to a board, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to Chapter 112 Florida Statutes, relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee'. S~ction 6. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-171 Terms. Except as otherwise provided by ordinance or by State law, board and committee members shall be appointed to fill specific three (3) year terms of membership, which shall be staggered, so that no more than three (3) members of a particular board or committee shall be appointed in any given calendar year. In the event that an appointment is made to fill an unexpired term, the member shall serve until the end of the unexpired term. In no event shall any individual who has served as a member of the board or committee where a vacancy occurs for the greater of two (2) consecutive terms or six (6) years be reappointed to serve another consecutive term as a member of such board or committee, unless no other individual, who has otherwise legally qualified to serve as a member of said board or committee has a current application on file with the City Clerk seeking appointment to serve as a member of such board or committee. This provision shall not prevent appointment to a different board or committee. For purpose of this section, the calculation of service of a board member shall not include time served as an alternate member of the board or committee where the vacancy occurs. Sec~[QD 7. 'A new section 'of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian,' Florida, is hereby created to read as follows: Section 2-172 Removal. Any member of a board or committee of the city may be removed from office by the City Council without cause by a two thirds vo~e of the entire membership of the City Council. Any member of a .board or committee of the city may be removed from office for the violation of any provision of State law governing the conduct of elected or appointed officials; conviction in any court for a violation of law involving moral turpitude; misfeasance, nonfeasance or malfeasance in the performance of official duties; or abandonment of office by a majority vote of the members of the City Council present at the meeting where said removal is being considered. Upon the direction of a majority of the City Council, a notice of removal shall be served upon the member sought to be removed, which shall specify the grounds for removal. The notice of removal shall be delivered by personal delivery or by ordinary first class mail to the member at the address provided by the records of the City Clerk. Service shall be accomplished as soon as is practicable after the City Council directs service of the notice of removal. Except as provided in Section 2-173 below, the notice shall include a statement that the member has the right to request a hearing before the City Council and that the request for a hearing must be received by the City Clerk on or before a date to be specified in the notice which shall be seven (7) days from the date of service if the notice is personally served, or ten days from the date of mailing if the notice is served by mail. Upon timely request for a hearing before the City Council, the Council shall set a date and time for the hearing and direct the City Clerk to give the member notice of the hearing. At the hearing, the member may present evidence and argument as to why the removal :should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the City Clerk. The decision of the Council may be either to remove, suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be immediately after the expiration of the time in which the member has the right to request a hearing before the City Council. If the member timely requests a hearing, and if the City Council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hearing, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. Section 8. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-173 Attendance Requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three (3) consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the Chair of the board or committee deems appropriate. Upon notification by the Chair of the board or committee that a member has not complied with the attendance requirement, the City Council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to Section 2-172. Section 9. If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. ~ect~_~0. This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section XX. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember Councilmember 6 . The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Richard J. Taracka Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1997. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney 7 0-97-57 A/q ORDINA/~CE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING CERTAIN PROVISIONS IN THE CODE OF ORDINANCES IN ORDER TO CONSOLIDATE REQUIREMENTS PERTAINING TO CITY BOAd~DS, CO~4ISSiONS A/qD COMMITTEES; 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, ("City Council") desires to consolidate procedures for board, commission and coramittee appointments into one section of the Code of Ordinances; and WHEREAS, the City Council finds that this consolidation will clarify appointment procedures and that this will further the health, safety and welfare of the citizens of Sebastian, Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: Section 1. Section 2-180(5) of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: (5) In acc0rd~B~ with ~¢c. 2-170, ~ach member shall be a resident of the city. If a member of the board ceases to be a resident of the city, such member shall immediately notify the city clerk of such occurrence and their membership on the board shall terminate automatically and immediately. SeGtion 2. Section 2-181 of the Code of Ordinances of the City of Sebastian, FlOrida, is hereby amended as follows: Sec. 2-181. Terms of office. (a) Of the regular members initially appointed to the board: (1) Two members shall be appointed for a term of one year each. (2) Three members shall be appointed for a term of two years each. (3) Two members shall be appointed for a term of three years each. (b) After the initial appointments, all subsequent appointments shall be made for terms of three years each. (~) ~n no event shall any in~ivid~a! who has served as a regular member of the board fo~ the g~eater of two co~se~ut-ive te~ms or six consecutive years be ~eappointed to serve another c~nse~utive term as a regular member of the beaz'd unless no other individua}, who is o~herwiae legally ~uatified to as a reg,}ar member o~ the board, has filed an application, which is then still pending, with the city ¢}e~k, seeking appointment to ~erve as a ~eg~lar member of ~he Section 3. Section 2-182 of the Code of Ordinances of the City of Sebastian, Florida, is hereby deleted. Section 4. section 26-191 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended as follows: Sec. 26-191. Membership; terms; filling of vacancies. (a) The city construction board shall be composed of seven members and, as far as practical, shall consist of two certified contractors (residential, building, general), one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The city council may also appoint one or two alternate members who shall serve as necessary to assemble a maximum of seven voting members of the board. It is preferred that the alternate members consist of one certified contractor and one concerned citizen. All members and alternate members shall be appointed by the city council, pursuant to Sec. 2-170. The board ma~ make ~e~ommendation t~ the city co~n~it ~on~-e~nirrg membership to the b~d. (b) To be eligible for appointment, except as otherwise provided in this section, each contractor member shall be actively engaged in construction in the city, ~ resident ~f the ~>o~nty, or have an established business in the city limits. ~ c~ntractor member must meet two of th~e thre~ reg~ements. The concerned c~tizen member m~st be a ~es~ent ~f the city. The architect or engineer shall be licensed in the state~an~ be a ~esident of the county. (c) Each member of the board shall hold a valid certificate issued by the board or the state in addition to having the qualifications required in subsection (b) of this section, excepting the one concerned citizen member. If any member of the board, at any time during his term, no longer possesses the required qualifications such member shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced. (d) Of the regular members appointed to the board: (1) Two members shall be appointed for an initial term of one year; (2) Three members shall be appointed for an initial term of two years; and (3) Two members shall be appointed for an initial term of three years. Thereafter all appointments shall be made for a term of three years. All terms of office shall expire on September 30 of the last year of the term. (e) Each alternate member shall be appointed for a term of three years. ~f) ~n no event shall'any individual who has served as a regular member of the boa~ for the ~reater ~f two ~on~e~utive terms or six c~nsec~tive year~ be reappointed to serve anothe~ c~r~ecutive te~m as a regular membe~ of the bmar~ unless no other individual who is otkerwise le~alty gualified to serve as a regular member of the board has filed ~n ap~ticatfr~n with th~ city clerk, which is th~n still p~rrdin~, seekin~ aupointmemt to semve as a ~e~ula= member of the board. (g) Any member may be reappointed, limitations set forth in subsections {e) of this section. subject to the (d) through f and - ! ~h) AppointmeNts to {ill any vacan=y shall be for the remainder of the unexpiued te~m of office of the vacated board seat b~ing filled by the app%vintment. Fu[thermo=e, tw~r months prior ~ the expiration of the term of any member, or in the event of an~ vacancy, th~ city clerk shall provide the ~airperson, the city manager and the city c~unc£1 with a copy of ~} pending ap~kications for membership crn t~e board, even if the incumbent board m~mber intends to s~=k reappointment. Whenever a current or former board member ~s being considered for appointment or ~eappointment to the board, the city c~unc~l shall consider the number and natu=e of the memolanda of co~flict previously filed by such person pursuant to F.$. § 112.3143. Sect%Qn ~. Section 26-196 of the Code of Ordinances of the City of Sebastian, Florida, is hereby deleted. Sect%~D 6. Section 20A-11.2.A. of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows: Sec. 20A-11.2. Board of adjustment. A. Establishment, composition' and terms. The board of adjustment is hereby established and shall consist of five (5) members and two (2) alternates who shall'be residents of the city and shall serve without compensation. For all appointments occurring after September 30, 1991, the city council shall appoint the regular members to the board of adjustment as follows: One (1) member shall be appointed for a term of one (1) year. Two (2) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. Thereafter all appointments shall be made for a term of three (3) years. In no event shall an~ individual wh~ has served as a regular member of the boar~ ~or the greater of two consecutive te~m= o~ ~ix consecutive yea~s be reappointed to serve anoth=r consecuti~ term as a regula~ member of the board unless no ~ther individual who is otherwise legally quali~ie~ to ser~ a~ a regular member of the board has filed an auptication wit~ the city clerk, which ia then still pending, seekin~ appointment to ~erve as a regula~ membe~ ~ the board of adjustment. 1. Continuation of present board members. The present members of the board of adjustment shall continue in office until their respective terms expire and their successors are appointed in the manner provided by law. 2. Appointment of alternative members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the board of adjustment may attend all meetings of the board of adjustment but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the board of adjustment shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three (3) ~onsecutive meetings, without ~n excuse =pp~oved by the chairperson of the board of adjustment and noted in the minutes, shall be ~eemed cause ~or removal of the membe~ by the city c~unc~. Each atter~a%e membe~ shall fill in fo[ a regular member who is absent, disabled o~ disqualified on a rotating basis with t~e most senior alternate member to be the first in the initi=l rotation. If mole than one regular member is absent, disabled or disqualified, then b~th altermate members shaft act as men, ers of the board of adjustment. 3. Vacancies and reappointmen~s. Any membe[ may be reappointed, subject to the limit=riots set forth in ~ubsection A of this sectic~ ~nd Section ~0A I1.2, abo~e. Appeintments to fill any vacancy shall be for the ~emaind=~ of the unexpired te[m of office of the vacated k~ar~ of adjustment seat being fi}led by the appointmer~t. Furthe[more, two-months prior to ~he expiration of th~ term of any mem~, or in the event of any vacancy, the ~ity clerk shall ~ro~i~e th= chairperson, the city manager and th~ city council with a coUy of all pending applications for membe~skip on the board of adjustment, even if the incumbent b~a~ of adjustment member intends to seek reappointment. Wheneve~ a current or ferme~ bcar~ of adjus~_ment member is being considered for a~po~ntment or reappointment to the boa~-d o~ a~justment, th~ city coun~il shall consider the number and nature of the memoranda of c~fl~ct previously filed by such pearson pursuant to F.S. ~ 112.3143. Section 7. Section 20A-11.3. off the Code of Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows: Sec. 20A-11.3. City planning and zoning commission. A. Establishment, composition and terms. The board of adjustment is hereby established and shall consist of seven (7) members and two (2) alternates who shall be residents of the city and shall serve without compensation. The city council shall appoint the regular members to the board of adjustment as follows: Two (2) member shall be appointed for a term of one (1) year. Three(3) members shall be appointed for a term of two (2) ye a r s. ' ' ' ' ~'!~' Two (2) members shall be appointed'for a term Of three (3) years. Thereafter all appointments shall be made for a'term of three (3) years. In n~ event shall any individual who has served as a regular member of the planning and z~;ning commission for ~he greater of two ~nsecutive terms or six c~nsecut~ve years be ~eappointed to serve another consecutive term as a regula~ membe[ of the planning and zoning commissio~ unless n~ other ~ndividua} who is otherwise legally qualified t~ serve as a regular member of t~e planning and zoning ccnm~ission ~iled an application with the city clerk, which is then still pending, seeking appointment t~ s~r=e as a regular member of the planning and zoning commis~c~ 1. Appointment of alternative members and their duties. Each alternate member shall be appointed for a term of 6 three (3) years. The alternate members of the planning and zoning commission may attend all meetings of the board of adjustment but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three consecutive meetings, w~thcut an excuse approved by the chairperson of the planning an~/ zoning commission and noted i~t-he minutes, shall be deemed cause fo~ rem~vat of the member by th~ city council. Each alternate member ~halt fill in for a regular menfoer who is absent, disabled or disqualified o~ a rotating basis with the most senior a~ternate member to be the first ~n the i~it~at rotation. If more than one regular member is absent, ~sable~ or disqualified, then both alternate members shall act as members of the p~anning and zoning commission. 2. Vacancies arid reappointments. ~uny.member may be ~eappoi~te~, subject to the ~imitat~c~ set forth in subsection A of this sec~i~n and Section 20A 11.2, above. ~ppointments to fill any vacancy shall be for the remainder of the unexpired ter~ of office of the vacated board seat bein~ filled by the appointment. Furthermore, ~wo m~nths prior to the expiration of the term ~f any member, or in the e~ent of any vacancy, the c~ty clerk shall pr~ide the chairperson, th~ c~ty manager and the city c~m/ncil with a copy of all pending applications for membership on the planning and zoning =ommis=ion even if the incumbent boa[d member intends to seek ~eapp~intment. Whenever ~ current or former planning and zoning commission member is being considered for.appointment o~ reap~intment to the p~anning and zoning commission the city co%nncit shall c~ns~der ~he nun~er ~nd natuue of the memoranda uf conft~ct previously filed by =uch person Uursuant to P.S. ~ 112.3143. ~¢tion 8: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it 7 clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. ~e~ion 9. This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. ~ect~gn ~. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Councilmember Councilmember Ordinance was moved for adoption by The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Richard J. Taracka Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this ordinance duly passed and adopted this ..... day of , 1997. CiTY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney 9 RESOLUTION NO. R-97-45 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FORUNIFORMAPPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FORANEFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the performance of its duties; and WHEREAS, the City Council desires to establish procedures for appointment to such advisory boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. DUTIES OF THE CITY CLERK. a. The City Clerk shall keep and maintain a list of the names, addresses, and telephone numbers of all members of appointive boards, commissions, and committees; their date of appointment, reappointment, and term expiration. b. The City Clerk shall timely inform the City Council and City Manager of any changes made to the composition of any appointive board, commission or committee. b. The City Clerk shall provide each new appointee with a copy of the publication entitled "Florida Commission on Ethics Guide for Political Officers and Employees", the City Board Handbook and related financial disclosure forms. c. Two months prior to the expiration of the term of any I I I member of an appointive board, commission or committee, or in the 'event of any vacancy on any such appointive board, commission or committee, the secretary or clerk to any such appointive board, commission or committee shall notify the City Clerk of such opening to enable the City Clerk to advertise the position..The City Clerk shall then provide the chairperson, the City Manager and the City Council with a copy of all pending applications for membership on such board, commission or committee, even if the I I I I I incumbent member intends to seek reappointment. d. Pursuant to Section 2-168 of the Code, The City Clerk shall prepare and maintain a list of volunteers comprising those I I persons who have indicated an intention and willingness to serve as members of city boards and committees if appointed by the City Council for such purpose and who have filed an application with the City Clerk. Any preference of the volunteers to serve on a particular board or committee shall be so stated. The application shall be kept on file by the City Clerk for six (6) months, unless renewed by the applicant for an additional six (6) month period. The list shall be kept current and available to the members of the City Council, as requested. Twice a year advertisements shall be published in a newspaper of general circulation setting forth a list of all city boards and committees, special qualifications necessary for membership and the city telephone number to call for additional information. ,Section 2. APPLICATION. a. The City Council shall provide a uniform application which shall be completed by each individual seeking appointment to a board, commission or committee. b. Each applicant shall file a complete application with the City Clerk which is signed and dated by the applicant. Each applicant shall attest to the truthfulness of the information on the application. S~ction ~. RESIGNATION. Any member of an appointive board, commission or committee who .does not intend to seek reappointment shall notify the City Clerk and the chairperson of such board, commission or committee at least two (2) months in advance of the expiration date of his or her term of office. Section 4. VACANCIES AND REAPPOINTMENTS. a. Each member of an appointive board, commission or committee who seeks reappointment shall notify, in writing, the City Clerk and the respective chairperson of the board, commission or committee, of the intention of such member to seek reappointment at least two (2) months in advance of the term expiration date. In the event that the City Council fails to reappoint a~ 3 member for any reason prior to the expiration of the member's term, the member shall continue to serve until reappointment is ratified or a new appointment is confirmed. Section 4. SOLICITATION FOR APPLICANTS. The City Clerk shall, by press release in a newspaper of I I I general circulation in the City of Sebastian, notice open positions at the request of board secretaries. The City Clerk shall notify persons on the list of volunteers who have indicated I I a preference to serve on the board which is the subject of the solicitation of the open position. Section ~. SELECTION OF CHAIRPERSONS. CHAIRPERSONS AND VICE Whenever possible, the individual selected as the chairperson and vice chairperson of an appointiVe boa~rd, commission or committee, shall have served two (2) years as a regular member of such appointive board, commission or committee,' and shall have attended at least ninety percent (90%) of the I I I I i meetings of such appointive board, commission or committee, 'which such member was not otherwise excused frOm attending by the individual serving as the chairperson of such appointive board, I I commission or committee at such meeting or meetings. ! SectiQn 6.~. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. I I I I I Sec~Qn 7~ Ail conflict herewith are conflict. Section 8. immediately upon its adoption. The foregoing Resolution Councilmember Councilmember the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka tle s o lut ion~s~o r~~~a~t s of Resolutions in hereby repealed to the extent of such This Resolution shall become effective was moved for adoption by . The motion was seconded by and, upon being put to a vote, Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1997. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter W. Barnes, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney Subject: City of Sebastian, Florida First reading of O-97-58 Agenda No. c'~,~. Approved for Submittal by: Exhibits: 0-97-58 EXPENDITURE REQUIRED: None Department Origin: CommuAaity Development Date Submitted · August 21, 1997 For Agenda of: August 27, 1997 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY At the August 6, 1997 City Council workshop, the Council directed the staffto prepare an ordinance to delete section 20A-8.3.7 of the Land Development Code, the shared parking provision. The staffhas prepared the proposed ordinance and has mbmitted it to the Local Planning Agency (the Planning and Zoning Commission) for the required review. That Local Planning Agency will consider the proposed ordinance at their August 21, 1997 meeting At the time of the preparation of this package, the Local Planning Agency's comments were not available. These will be provided to the Council as soon as possible. Attached is the proposed ordinance deleting section 20A-8.3.7 of the Land Development Code. REcoMMENDED ACTION It is recommended that the City Council have the first reading of ordinance O-97-58 and set a- public hearing and second reading for September~, 1997. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE NO. 0-97-58 AN ORDINANCE OF TRE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AME~ING SECTIONS 20A-8.3. OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY DELETING THAT PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR' CONFLICTS; PROVIDING FOR SEVERABIIJTY; AND PROVIDING FOR AN EFFECTIVE DATE. WI~REAS, the City Council of the City of Seb~ Florida, desires to amend the Land Development Code by deleting the shared parking provision of the off-street parking and loading requirements; and ~REAS, the City Council of the City ofSebastian, Florida, believes that it isin the best interests of the health, safety, and general welfare of the community to do so, NOW TI~REFORE, BE IT ORDAINED BY THE cTrY COUNCIL OF THE ~ OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-8.3. of the Land Development Code, City of Sebastian, 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: 1. Floor area calculation. Floor area means the gross floor area of a particular use. 10 11 12 13 14 15 16 17 18 19 20 Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the next whole number. Requirements for uses not identified The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the planning and zoning commission. Requirements for mixed uses. In the case of mixed uses the parking spaces shall be equal to the sum of the several uses computed separately. Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this .section. Any parking deficiency shall be brought into conformity concurrently with the enlargement or change of use. Location of off-street par]~ng spaces. Except as otherwise prescribed for dwelling units, off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is 6 10 11 12 13 14 15 16 17 18 19 20 located. For buildings or uses located in a commercial district, parking spaces may be located on another ske, provided such site is not more than five hundred (500) feet from the building or use. Such parking space will be within a commercially zoned district. Parking sites located across public streets may require safeguards as determined by the planning and zoning commission. A single parking area may be used to service more than one establishment if the normal hours of operation of thc establishments do not overlap. If a single parking area is so used, additional parking may-be required as a condition of continued occupeney-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 ,~oncerned and-approved as binding by the city attorney. 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 0fthe 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. i I I I I i I I I I i I I i I I i I i I0 11 12 13 14 15 16 17 18 19 20 21 22 Section 3. CONFLICT. All other Ordinances or pans of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABIIJTY. If any clause, section, or other pan 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 5. EFFECIIVE DATE. This Ordinance shall become effective upon adoption.. 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 The foregoing Ordinance was ,1997, moved for motion was adoption by Councilmember 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 1[ Canwri~t Councilmember Larry Patti Councilmember Ruth Sullivan 4 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O~-Ialloran, CMC/AAE Approved as to Form and Content: Valerie Settles City Attorney Subject: City of Sebastian, Florida First reading of O-97-61 Agenda No. /~.//2. Approved for Submittal by: Exhiblts O 97-61 EXPENDITURE REQUIRED: None Department Origin: Community Development Date Submitted ' August 21, 1997 For Agenda of: August 27, 1997 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY At the August 6, 1997 City Council workshop, the staffwas directed to bring to the Council for first reading the proposed ordinance amending the parking regulations in the City. Attached is a copy of the proposed ordinance O-97-61 (formerly O-97-XX). This ordinance has the following changes fi.om the O-97-XX: 1. Sec. 98-4 has been mended to include medians, and defining emergencies to include accidents and breakdowns, and deleting the reference to driveways and intersections. 2. Sec. 98-7 has been amended to include a reference to offenses "against the city", and "duty" was changed to "responsibility". 3. Sec. 98-8 has been amended to change "enact" to "erect". Sec. 98-31 has been amended to stay as it currently reads. The changes previously proposed, i.e. the no parking in any fight-of-way, has been dropped pending further direction fi'om the City Council. Sec. 98-36 has been amended so that only the current sections (a) (definition of a vehicle) and (g) Disabled Parking are deleted. The phase "owned or leased to the owner or tenant of the lot" was added. The reference to 3A ton was replaced by 23 feet in length and 9 feet in height. Sec. 98-37 has been modified by establishing a civil penalty of $250. The Horida Statues allow a $100 fine or a $250 fine. If the higher fine is used, it is required to be deposited into a special fund. One third of the money may be spent on the administration of the provision and two thirds spent on improving accessibility and conducting public awareness programs. The section has been amended to establish a Handicapped Accessibility Fund for that purpose. The Statutes only provide for towing on publicly owned and operated parking areas. Therefore that provision has been limited to those areas. The time required before towing has been set/af~ eight hours. The provision for people chauffeuring a disabled person is a statutory provision and therefore has not been deleted from the proposed ordinance. Sec. 98-53 has been amended to delete "take its license number and may take any other information displayed on or by the vehicle which may identify its owner or operator" with "make reasonable effort to identify the owner'. The fines were changed as follows: $2.00 was increased to $5.00, $4.00 to $5.00, and $15.00 to $25.00. In (g), "Such admission shall not be used as evidence in any other proceeding" was deleted. RECOMMENDED ACTION It is recommended that the City Council have the first reading of ordinance O-97-61 and set a public hearing and second reading for September 24, 1997. I I I i I I I I I I I I I I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '20 21 22 23 24 26 27 28 29 3o 31 32 33 34 ORDINANCE NO. O-9%61 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 98 OF THlg CODE OF ORDINANCES RELATING TO SEC. 98-1 DEFINITIONS, SEC. 98-4 DRIVING ONTO MEDIANS, SItOULDERS, ETC., SEC. 98-5 OPERATION ON PUBLIC SCHOOL GROUNDS, SEC. 98-6 LIMIT ON GROSS WEIGHT OF VEHICLES, SEC. 98-7 ENFORCEMENT, SEC. 98-8 DESIGNATION OF ONE WAY STREETS, SEC. '98-32 VERBAL NOTICE OF UNSAFE PARKING, REFUSAL TO OBEY, SEC. 98-33 PARKING ON PUBLIC SCItOOL GROUNDS, SEC. 98-34 PARKING ON MAIN STREET, SEC. 98-35 PARKING ON CENTRAL AVENUE, SEC. 98-36 PARKING IN RESIDENTIAL DISTRICTS, SEC. 98-37 DISABLED PARKING, SEC. 98-52 DEFINITIONS, SEC. 98-53 MUNICIPAL NONCRIbliNAL TRAFFIC INFRACTIONS, PURPOSE; OF TE[E CODE OF ORDINANCES; .PROVIDING FOR CODIFICATION;' PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances relating to parking regulations; and WI~S, 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 THEREFORE, BE IT ORDAINED BY TH'E CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Chapter 98 of the Code of Ordinances is amended as follows: Article I. In General Sec. 98-1. Definitions. 10 11 12 13 14 15 16 17 18 19 20 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: Park means-~ playground, t~eacl~,-baltfield-or other land area- owned by the eity-o~ dedicatec[o~ otherwise-held in trust by the city for the public. Vehicle means any vehicle defined by section 316.003, Florida Statutes. wheeled conveyance, whether motor-powcred, animal drawn or self propelled. The word shall include any trailer ia--tow. T-he word shall include cars, tmoks, campers, recreational vehicles, bicycles, tricycles, mopeds, motorcycles and all other, similar items. The term includes golfcarts and dune buggies. This defiaitioh docs not include city vehiclcs while in use for amhorized city business er authorized emergency vehicles. Sec. 98-2. Adoption of Florida Uniform Disposition of Traffic Infractions ACt. There is hereby adopted by reference the Florida Uniform DispOsition of Traffic Infi'actions Act, F.S. ch. 318, which shall be in full force and effect in the city. See. 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, shoulders, etc. I I I I I I I I I I I I I I I I I I I 1 4 9 lO 11 12 13 14 15 16 17 18 19 20 No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as...medians, islands or similar land areas. No person shall ride or drive any motorized vehicle on the sot~ shoulder of any paved road, except as is necessary to get the motorized vehicle on or off the road. during emergencies, such as accidents and breakdowns.-into-a driveway oF at ma intersection. Sec. 98-5. ReservedOperation on-public school grounds, No operator of any-motor vehicle er moped-on any public ~hool grounds within the corporate limits of the city shall: (1-) Fail to obey all traffie-sig~s indicating speed, direction, caution, stopping, parking, parking hours, and att. other restrictions posted for control of motor vehicles er mopeds; or (2) Drive any motor vehicle or moped on any area except-roads or designated parking areas~ ~F such otheF areas as may be specifically designated as temporary-parking areas by the chief of police or his designee:. 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. (b) 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 3 10 11 12 13 14 15 16 17 18 19 20 submit to a weighing of the vehicle either by means of portable 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 against the ci~ and shall be punished by a fine as set forth in chapters F.S. cbs. 316 and 318, F.S., as presently constituted or as hereafter amended.. (b) Enforcement. It shall be the responsibility duty of the police department to enforce the provisions of this chapter. Sec. 98-8. 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 ~ department shall erect enae~ Proper signals to indicate such one-way designation pursuant to the Uniform Manual of Traffic Control Devices. Sec. 98.9- 98.30. Reserved. ARTICLE II. STOPPING, STANDING AND PARKING 4 lO 11 12 13 14 15 16 17 18 19 Sec. 98-31. Parking between hours of 2:00 a.m. and 6:0 a.m. It shall be unlawful for any person to park a vehicle on any street within the city limits between the hours of 2:00 a.m. and 6:00 a.m. of any day. Sec. 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 eve~ effort to notify the owner or operator ~v~.r of the vehicle, giving the owner or operator ~ 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 owner's exp__ense. , he shall be decmed-ia violation-of this section. Sec. 98-33. Reserved. l~a~kiag on public school-grounds. No operato~ of any motor vehicle or moped on-any public school-grounds within ~he--eorpoFate limits of the-ei~-y shall park such- motor vehicle or moped in other than established or designated pa~king areas. Sec. 98-34. Reserved. t~a~king-on-Main-Str-e~. IZiotation& tt shall be unlawful and a violation of the provisions of this article for any person who-causes, allows or permits: 10 11 12 13 16 17 18 19 (b) Sec. 98-35. (~-)- No p~king zone. A motor vehicle or moped-to park, stop or stand on either side of Main Street from Louisiana Avenue west to-the cmrance of the municipal golf course. ~2)- J~arallel parking zone. A motor vehicle or moped to be parked other than parallel to the curb where curbing exists on either side ~' Main Street from the west side of U.S. Highway No. t to the east side of the fight of-way of the t~lofida East Coast Railway. tn such area parking is allowed only in the designated parallel parking spaecs as authorized in subsection(b) of this section. Designation-of parking spaces. The chief of police is hereby directed and authorized to mark off individual parking spaces in the parlfiag zone designated and described-in'subsection (aX2) of this section, such parking spaces to be designated by lines painted or durably marked on thc curbing or surface of the street. At each space so marked off it shall be unlawful to park any vehicle in such a way-hhat-the vehicle shall not be eatirely within the limits ogthe space so designated. Reserved. tamqdag on Central Avent~e. Violations. It shall be unlawful and a violation of the provisions of this article for any person who-eausc~ allows or permits: 10 11 12 13 14 15 16 17 18 19 (4)- No parking zone. A motor vehicle ov moped to park, stop or stand on-the east side (northbound lane) of Central Avenue from 7-0 feet north of Main Street north to ~he intersection of U.S. I-tighway No. 5). Loading zone, IS-minute parleing. A motor vehicle or moped to park, stop, or s~and for more ~han 15 minutes in-the designated loading zone located on the east side (~northbound lane) of Cent~,al Avenue from thc intersection of Main Street to a point 70 feet north thereof. ,. (b) Designation of loading zone parking spaces. The chief of police is hereby directed and authorized to mark off individual undivided loading zone parking spaces in the loading zone designated and described in subsection (a)(2) of this section, such loading zone to be designated by lines painted or durably marked on the-eurbing or surface of the street-:. Section 98-36 Parking in Residential Districts and on Street Rights-of-way. (a) As used in this Section, the term "Vehicle" means any automobile, track, o~' other vehicle designed for operation on streets or roads, but not inctuding~: (1) Recreational vehiclcs as--defined in section 20A. 5.t6 of the Land Development Code. . . 4 6 7 9 10 I1 12 13 14 15 16 17 18 19 (g) (2~) Road tractor, semi trailer, ~r heavy eqeipment as defined in seetioa g0A 5.16.1 of the Land-Development Code. (3) Motorcycles, mopeds, bieyelcs, lawn tractors, golf carts, road-rollers; or vehiclcs which mn only-upon on a track For purposes of this section, a vehicle shall be considered to be parked if it is stopped other than for the purpose 'of and while actually engaged in loading or unloading merchandise or passengers. No vehicle may be parked on any lot in any residential district, except in an enclosed structure, unless said vehicle is licensed, registered, and owned or leased to the owner or tenant of the lot insured No vehicle displaying a "for sale" sign may be parked on any street right-of- way. No track or van with a rated carrying capacity of over 23 feet in length and 9 feet in height M-ton shall be parked on any street right-of-way: Any vehicle parked on any street right-of-way in front of any~rov~d}lot which is not removed within ~ hours ~er a ·notice requiring removal has been posted on the vehicle by the City will be towed at the owner's expense. No vehicle shall be parked in any parking space designa!ed wi~h the international symbol of accessibility or the caption "Pa~king By Disabled Permit Only," or with both such symbol or caption, unless such vehicle displays a 10 11 12 13 14 15 16 17 18 19 20 parking permit or license plate issued pursaam to-KS. ~ 3-t6.1958, 320.084, 3-20.0842, 320~0843, 320.0845, or 320.0848 and ach vehiele is oceupied by a peri. on digible for such a-license plate or parkiag-p~oweve~a~y~n who is chauffeuring a disabled person shall be allowed, without need for an · idemificafon partdag permit or special license plate, momemapy parkie, g-ha-aay such parking place for the purpose~f loading or unloading a disabled person. No penalty shall be impesed-upen the drive for such-momemary parkir~g-:. (_fla)Any violation of this Section Shall be a civil infraction, subject to a maximum civil penalty of $100.00 per day, or a. civil penalty of $50.00 per day if the person committing the civil infraction does not comest the citation. Sec. 98-37. Disabled Parkin~ A. No vehicle shall be parked in any parking space designated in conformance with Florida Statutes with' the international symbol of accessibility or the caption "Parking B_y Disabled Permit Only," or with both such symbol or caption, unless such vehicle displays a t~arking permit or license plate issued pursuant to F.S. ~. 316.1958, 320.084, 320.0842, 320.0843, 320.0845, or 320.0848 and such vehicle is occupied by a person eligible for such a license plate or parking permit. However, any person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit or special license plate~ momentary parking in any such parldng place for the 6 l0 I1 12 13 14 15 16 17 18 19 2O pu~ose of loading or unloadin~ a disabled person. No penalty shall be imposed upon the drive'for such momentary parking, B. The operator or other person in charge of the vehicle in violation_shall be. charged with a noncriminal traffic violation as provided in section 316.008(4), F.S. and is subject to a civil penalty of $250. One third of the l~enalty shall be deposited in to general fund of the City to defer expen~ of the administration of this provision. Two thirds of the penalty shall be deposited into the City's Handicapped Accessibility Fund., On publicly owned and operated parking facilities, the police officer may have the vehicle towed and stored at the owners expense if the vehicle has not been mo. yed~ght hour~ after the vehicle has been cited.. '- . C. There is hereby established a Handicapped Accessibility Fund to improve accessibility and equal 9ppommity to qualified physically disabled persons in the City and to conduct public awareness programs in the City concerning physically disabled persons. Sec. 95-38 - 98-50. Reserved. ARTICLE IF/. 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 10 2 4 10 11 12 13 14 15 16 17 18 19 20 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~e-{lias 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 fight 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 par/ring means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers as may be permitted under this chapter. 11 10 11 12 13 14 15 16 17 18 19 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 nonmoving and noncriminal infraction and shall be cited for such an infraction. (b) Whenever any m~er 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 tra~c citation or notice in writing on a form provided therefor. .. .... (c) Whenever any motor-vehicle without 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 make a reasonable effort to identify the ownertake its license number and may take any other information-displayed on or by-the vehicle which may identify its owner o~ operator, and shall conspicuously affix to the vehicle a traffic citation or notice in writing on a form provided therefor. (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 12 i I i I I I i I i I I i I I I I I I 1o 11 12 13 14 15 16 17 18 19 20 (e) (0 or notice, or mail a check or money order as payment for the penalty by 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 $5_~.00, 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 $15._._4.00, except for a violation of a no parking provision, in which case the penalty is then $25__~.00. If the registered owner fails to pay the proper penalty in full within the seven days fi.om 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 13 6 7 10 11 12 13 14 15 16 17 18 of the vehicle in the name of the traffic violations bureau of the clerk of the county court, Indian River County, Florida. ~he form-of the notice shall be substantially as follows: You are hereby notified tha~ a eitation or notice, number-ed , has beea issued against the following vehicle registered in your name, to wit: (list the motor vehicle licease number and a brief description of the vehicle):. gursuant~ 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-paddag 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 ma a-sworn affidavit, will be issued. At the heariag you must answer to the charge and the court wilt-determine whether or not the cited infraction has been committed. If the commissioa of the infraction is provert, the county judge may impose a eivil penalty not to exceed $2~0.00. l_-Ul4 2 10 ll 12 13 14 15 16 17 18 19 2O 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. (g) If the person notified falls 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 registered owner of the vehicle. Failure to appear at the specified time and place shall, be deemed a 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 infi'action and shall waive any right to a hearing or any appeal. Suzh admission shall not be used as evidencc ir, e, ny other proceedings. (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) 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 15 10 11 12 13 14 15 16 17 18 19 20 Sec. 98-54. (a) 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. ~ Evidence of identity of violator. 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 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 affaxed 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. 16 10 I1 12 13 14 15 16 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 axe hereby repealed to the extent of such conflict. Section& 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 5. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days atter adoption. 17 PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON 18 FI1LST READING, THIS DAY OF ,1997. PASSED AND ADOPTED BY 19 THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND 20 FINAL READING, THIS _ DAY OF ,1997. 17 4 5 .6 7 8 9 I0 Il 12 13 14 15 16 17 18 19 20 - 21 22 23 24 25 26 27 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 Councilmember Louise R. Cartwright Councilrnember Larry Paul Councilmember Ruth 'Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ,1997. CITY OF SEBASTIAN, FLORIDA By: · Walter W. Barnes, Mayor ATTEST: Kathryn M. O~alloran, CMC/AAE Approved as to Form and Content: Valerie Settles City Attorney 18 City of Sebastian, Florida Subject: Request from Damien Gilliams Requesting the extension of hours of Establishments Selling Alcoholic Beverages. Agenda No. q~-2~? Department Origin: City Manager Date Submitted: August 21, 1997 For Agenda off August 27, 1997 Approved for Submittal by: City Manager Exhibits: * Letter from Damien Gilliams o Comments from Police Department EXPENDITURE REQUIRED: I AMOUNT BUDGETED: $3,900 + [ n/a IAPPROPRIATION REQUIRED: n/a SUMMARY STATEMENT Attached is a letter from Mr. Damien Gilliams, owner of the "No Name Bar" in Sebastian. He is requesting Sebastian to consider the expansion of serve hours for establishments serving alcoholic beverages from 1:00 A.M. to 2:00 i~.M. and to allow the establishments to stay open until 3:00 A.M. without alcoholic beverages being served after 2:00 A.M. His justification for this request is outline in his letter of August 20, 1997. It cites competition in south Brevard County. it should be noted that the unincorporated areas of Indian River County are open until 1:00 A.M. seven days a week, and Vero Beach limits are 1:00 A.M. except Sunday at midnight. There is an impact to the Police Department is costs associated with just the manpower assignments. For your convenience, I have attached comments from Chief Randy White. RECOMMENDED ACTION The recommendation of the staff is maintain the current operating hours which are consistent with the rest of Indian River County. SHAHKY'$ DRAFTHOUSE, INC D/B/A' NO NAM~ BAli 1623 N. U. $. Il, SUITE A--5 SEBASTIAN, FLORIDA 3295S AUGUST 20, 1997 MR. TOM FRAME CITY MANAGER OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 DEAR MR TOM FRAME, PER OUR CONVERSATION OF AUGUST 20, 1997, I WISH TO F~LOW UP ON MY REQUEST TO GET ON THE AGENDA FOR THE CITY COUNCIL AGENDA AS SOON AS POSSIBLE. THiS REQUEST IS IN REFERENCE TO EXTENDING RESTAURANT AND LOUNGE HOURS FROM THE EXISTING i A.M. TO 3 A.M. FOR THURSDAY, FRIDAY AND SATURDAY NIGHTS. THE REASON FOR THIS REQUEST IS THAT 8REVARD CouNTY, DIRECTLY TO THE NORTH OF US, ALLOWS LOUNGES TO REMAIN OPEN FOR 8USINESS UNTIL 2' A.M. AND OPEN WITHOUT SERVING LIQUOR, UNTIL 3 A.M. THIS IS CAUSING US TO LOOSE OUR CUSTOMERS, SINCE THE OPENING OF NEW LOUNGES DIRECTLY ACROSS THE BRIDGE. WITH OUR HANDS TIED, WE CAN NOT COMPETE, TO REMEDY THIS WE WOULD LIKE THE ABILITY TO SERVE ALCOHOL UNTIL 2 A.M. AND STAY OPEN UNTIL 3 A.M. ~ THANK YOU SO MUCH FOR YOUR TIME, WHATEVER YOU CAN DO TO ASSIST THE BUSINESSES IN THIS COMMUNITY TO COMPETE FAIRLY WITH OUR NEIGHBORS, WOULD BE GREATLY APPRECIATED. DAMIEN GILLIAMS OWNER SEBASTIAN POLICE 1201 Main Street Sebastian, Florida 32958 DENNIS R. W=6ITE, Chief DEPARTFIENT Telephone 561/589-5233 Fax 561/589-2207 Date: 8/21/97 MEMORANDUM To: Re: Mr. Tom Frame, City Manager CLOSING HOURS FOR BARS Per your request, below are my reasons to oppose the request to extend our bars' closing hours beyond the current requirement of 1:00 am. Currently we are essentially in sync with the other jurisdictions within the county; bars in the unincorporated areas must close by 1:00 am and likewise in Vero Beach, except that they must close at 12:00 midnight on Sunday nights. Extending the'purrent hours would cause this department to have to amend our current staffing hours. We now drop from 4 officers on duty to 3 at 2:00 am. We get the best overall benefit from this schedule and it would hurt our overall coverage if we had to change from what we are now doing. Extending the current hours would allow bar patrons who drink to excess and possibly drive, more time to get more drunk. Extending the current hours would result in our officers devoting less time to protecting closed businesses and responding to prowler and suspicious incident calls because they would be tied up later into the night dealing with alcohol related calls. As it is now with the bars closing at 1:00 am, we have an hour to get things, wrapped up for the night by 2:00 am, and reduce staffing down to 3 officers for the remainder of the night. In general, our officer to population ratio is well below that of other communities in our area. We can do this because of the demographics, community standards and general life style of our city's inhabitants. Bars, by their nature, tend to become locations that require extraordinary police service. The one desiring the extension on operating hours, is the Page 2 of 2 scene of many calls for police service, due mainly to fights. Extending the hours would just allow for more time for problems requiring police intervention to occur. Dennis R. White Chief of Police City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 27, 1997 - 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. A moment of silence was held. ~QLL CALL City Council Pr~sel~t: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staff?resent: City Manager, Thomas Frame City Attorney, Valefie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Regular City Council Meeting August 27, 1997 Page Two 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) 6. PROCLAMATIONS. ANNOUNCEMENTS ANDIOR PRESENTATIONS 7. CIT[ATTORNEY MATTERS 1-23 97.203 25-27 97.197 39-67 97.083 69 97.204 71-72 97.205 73-74 CONSI~I~]T AGENDA ,4ll items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/6/97 Workshop, 8/13/97 Regular Meeting Adopt Resolution No. R-97-47 - Vacation of Easement - Lot 21, Block 288, Unit 10, Sebastian Highlands (City Clerk Transmittal 8/18/97, R-97-47, Application, Site Map, Survey, Staff Report, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 1.8 FEET OF THE SOUTHEAST 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 21, BLOCK 288, SEBASTIAN HIGHLAND UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDiNG FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE Adopt Resolution No. R-97-48 - Supporting FRDAP Grant Application for Old GDC Building at Barber Street Sports Complex South (City Manager Transmittal 8/22/97, R-97-48, Application) A RESOLUTION ~Y-C4:3g,xNC4L OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE APPLICATION FOR A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR THE BARI3ER STREET RECREATION COMPLEX. Approve Transfer of Funds Not to Exceed $5,620 to Fund Green Building Septic Hook-up to New Drain Field and Step Down Transformer for Football Lighting at Barber Street Sports Complex and Authorize City Manager to Sign Amendment to Agreement with Sebastian Panthers, Inc. (Public Works Transmittal 8/21/97) Banghart/Quinn Wedding Reception - Community Center - Approve A/B Request - 9/20/97- 6 pm to 11 pm - Security Paid - Age Verified (City Clerk Transmittal 8/11/97, Application) Duhame/Freeman Wedding Reception - Conununity Center - Approve A/B Request - 2/14/98 - 3 pm to 7 pm - Security Paid - Age Verified (City Clerk Transmittal 8/18/97, Application) 10. 11. PUBLIC HEARING - None INTRODUCTION OF NEY~ BUSINESS FRQM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 4 97.206 75-80 12. COMMITTEE REPORTS/RECOMMENDATIONS A. Board of A~ustment i. Interview and Appoint Regular Member for a Term to Expire 6/1/2000 - Board Recommends Gregory Gore (Director of Community Development Transmittal 8/7/97, Application, 8/5/97 Bd. of Adj. Minutes) 97.207 81-82 Code Enforcement Board i. Accept Resignation of Al Goelz (Director of Community Development Transmittal 8/20/97, Letter) 97.209 83-84 I:]~ndicapped Self-]~valuation Committee i. Accept Resignation of John Kanfoush (Human Resources Transmittal 8/12/97, Letter) 5 97.001a $5-95 OLD BUS!NESS - None NEW BUSINESS First Reading of Ordinance No. O-97-56 - Creating Uniform Appli~tion. Agpointment and Removal Procedures for City Boards, Commissions lind Committees - Set Second Reading and Public Hearing for 9,],~q4~97 (City Manager Transmittal 8/5/97, 0-97-56) AN ORDINANCE OF TttE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, i~ORIDA, CREATING UNIFORM PROCEDURES FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPOINTMENTS; PROVIDINO FOR A LIST OF VOLUNTEERS; PROVIDING PROCEDURJ~S FOR ANNOUNCEMElqT OF VACANCIES AND APPLICATIONS FOR APPOINTMENT; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR TERMS; PROVIDING FOR REMOVAL PROCEDURES; PROVIDINO FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR RESOI.UTiON OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 6 97.001b 95-103 First Reading Of Ordinance No, 0-97-57 - Deleting C~tlain Provisions in thc Code to Consolidate Requir~raents for City Boar~t~, Commissions and {2ommittees - Set S¢~:ond Reading and Public Hearing for 9/24/97 (City Manager Transmittal as above, 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING CERTAIN PROVISIONS IN THE CODE OF ORDINANCES IN ORDER TO CONSOLIDATE REQUIREMENTS PERTAINLNG TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 97.001c 105-109 Adopt Resolution No. R-9J-45 - Pertaining tO Appointment Procedures for City Boards. Commissions, Corrllnittees (City Manag?r Transmittal as [i)ove. R-97-45) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROViDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO blLL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISI~mqG APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUIIONS IN CONFLICI HEREWlTI.I; PROVIDING FOR SEVERABILIIY; AND PROVIDING FOR AN EFFECTIVE, DATE. 8 97.166 D. 111-116 First Reading o.f Ordinance No, O-97-~8 - Deleting Shat_ed Parking Provision - Set Second Reading Md Public Hearing for ~7 (Director of Community Development Transmittal as above. 0-97-57) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY DELETING THAT PROVISION; PROVIDING FOR CODIYICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; PROVIDING FOR AN EI~tECTIVE DATE. 9 97.112 E. 117-136 First Reading.gl Ordinance No. O-97-61 - Parking - Set Second Reading and Public Hearing for 91:24f[97 (Director of Cor~munity Developm~ Transmittal as ab~¥¢~ 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 98 OF THE CODE OF ORDINANCES RELATING TO SEC. 98-1 DEFINITIONS, SEC. 98-4 DRIVING ONTO MEDIANS, SHOULDERS, ETC., SEC. 98-5 OPERATION ON PUBLIC SCHOOL GROUNDS, SEC~ 98-6 LIMIT ON OROSS WEIGHT OF VEHICLES, SEC. 98-7 ENFORCEMENT, SEC. 98-8 DESIGNATION OF ONE WAY STREETS, SEC. 98-32 VERBAL NOTICE OF UNSAFE PARKING, REFUSAL TO OBEY, SEC. 98-33 PARKING ON PUBLIC SCHOOL OROUNDS, SEC. 98-34 PARKING ON MAIN STREET, SEC. 98-35 PARKING ON CENTRAL AVENUE, SEC. 98-36 PARKING IN RESIDENTIAL DISTRICTS, SEC. 98-37 DISABLED PARKING, SEC. 98-52 DEFINITIONS, SEC. 98-53 MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS, PURPOSE; OF II"IE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, 10 97.208 137-140 Damian Gilliams Request to Extend Hours for Establishments Serving Alcoholic Beverages (City Manager Transmittal 8/21/97, Gilliams Letter 8/20/97, PD Memo 8/21/97) 11 15. CITY COUNCIL MATTERS / A. Mrs. Ruth Sullivan / Bo Mayor Walter Bames~ Vice Mayor Richard Taracka Mrs. Louise Cartwright E. Mr. Larry Paul 16. ADJOURN (~ill meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City CounciO 12 ~TEM NO. ROLL CALL Mr. Taracka Mrs. Cartwfight Mr. Paul Mrs. Sullivan Mr. Barnes ITEM NO. BOLL C~LL2 Mrs. Cartwright Mr. Paul '/ Mrs. Sullivaa Mr. Baraes Mr. Taracka ITEM NO. aor , CA L ~. T~acka ~~~ ~s.C~~t ~ ROLL C~ 4 ~s. S~v~ 7 ~. T~acka 7 ~s.C~~t y ~. Pa~ ,/ ITEM NO. 97, 20 ,7 ROLL CALL 5_ Mr. Barnes V Mr. Taracka 5/ Mrs. C .aytwright y Mr. Paul ~ Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes / ITEM NO. ROLL CALL2 Mrs. Cartwright ~/ Mr. Paul Mrs. Sullivan ~/ Mr. Barnes /0 ITEM NO. ROLL CALL 3~// Mr. Paul Mrs. Sullivany Mr. Barnes ~/ Mr. Taracka · Mrs. Cartwright ITEM NO. ROLL CALL4 Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cattwright Mr. Paul ROLL CALL 5 Mr. Barnes ~ Mr. Taracka Mrs'C 'amvright ~// Mr. Paul Mrs. Sullivan SECOND MOTION SECOND MOTION SECOND 0 -c?7.-.5',F~ SECOND MOTION SECOND~ ITEM NO. ROLL CALL1 Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes iTEM No. q~ 7, ~ o(V ROLL CALL 2~ Mr. Paul '"~/ Mrs. Sullivan '7 Mr. Barnes Y Mr. Taracka ',/ ¢/ MOTION SECOND SECOND MOTION ITEM NO. ROLL CALL Mr. Paul '/ Mrs. Sullivan'Y' Mr. Barnes )/ Mr. Taracka . .Cmw ight )/ ITEM NO. ROLL CALL Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul SECOND MOTION SECOND ITEM NO. ROLL CALL5 Mr. Barnes Mr. Taracka Mrs. C .artw~ht Mr. Paul Mrs. Sullivan MOTION SECOND