HomeMy WebLinkAbout10041995 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP
WEDNESDAY, OCTOBER 4, 1995- 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowe~t at a workshop unless provided in the meeting call
(in accordance with R-95-33)
1. CALL TO ORDER
2. ROLL CALL
3. WORKSHOP ITEMS
95.029
PGS 1-7
Review Parking Ordinance Nos. O-95-03 and O-95-23 (O~95-03
and 0-95-23)
Discuss Language Changes for Parking on Street Rights-of-
Way and Displaying a "For Sale" Sign
95.145
PGS 9-15
Discuss Proposed Changes to Amend Section 20A-5.9.F of the
Land Development Code Re: Fences (Director of Community
Development Transmittal dated 8/15/95, DCD Memo dated 5/17/95,
P & Z Memo dated 5/29/95)
95.165/ C.
94.120
95.012 D.
PGS 17-22
95.166 E.
PGS 23-25
Discuss Options Regarding the Future Utilization of the Former
"Utility Office" on Main Street (No Backup)
Option C:
Rent to the Chamber of Commerce
Rent to the Historical Society
Utilize for Community Development (Location
for the Community Redevelopment Agency and
City Planner and Engineering)
Combination of Any of the Above
Discuss Amendment to Fee Schedules (Director of Community
Development Memo 9/28/95, Fee Schedule)
Discuss Alternative Dates for November and December City Council
Meetings (City Clerk Transmittal 9/28/95, Calendars)
4. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL
WITH RESPECT TO ANY MA TTER CONSIDERED A T 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. 0105 F.$.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE
CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS iN ADVANCE OF THIS
MEETING.
2
ORDINANCE NO. 0-95-03
:-~' ORDINANCE OF THE CITY COUNCIL CF THE CITY
OF SEBASTIAn, FLORIDA, A~NDING THE CODE OF
ORDINANCES, RESTRICTING PARKING iN ~SiDENTIAL
DISTRICTS .AND ON STP~EET RIGHTS-OF-WAY,
PROVIDING DEFINITIONS, SETTING PENALTIES FOR
VIOLATIONS, PROVIDING M~THODS FOR ENFORCEMENT,
PROVIDING FOR SEVERA~ILiTY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, kND
PROVIDING FOR AN EFFECTIVE DATE.
W~EREAS, the City Council of the City of Sebastian, Florida,
desires to restrict parking in residential districts and on street
righ=s-of-wa? of the City; and
W~EI~EAS, the City Council of the City of Sebastian, Florida,
believes that it is in the bes~ in~ares~s of the health, safety,
and general welfare of the conu~uniUy to so restrict parking.
NOW THE~tEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTI3tN, FLORIDA, THAT:
Section !. The Code of Ordinances, city of Sebastian,
Florida, is hereby amended by adding a section to be nu/nbered
which shall read as follows:
Section Parking in Residen~ia! Districts and on Stree~
Rights-of-way
!. As used ~n this Section __, the ta_~m "Vehicle" means
any automobile, truck, or other vehicle designed for operation on
s~reets or roads, but nc~ including:
a) Recreational vehicles as defined
b) Road tractor, semi-trailer, or heavy e.cfuipment as
defined in §20A-~.!~.!
c)
Motorcycles, mopeds, bicycles, !awn trsctors,
golf carts, road rollers, or vehicles which Fun only
upon a track
2. For purposes of this section, a vehicle shall be
considered to be parked £f it is stopped o~er than for the purpose
of and while actually engaged in loading or unloading merchandise
or passengers.
3. No vehicle may be parked on any lot in any residennia!
district excep= in an enclosed st~dcture, unless said vehicle is
licensed, registered, and insured.
4. No vehicle displaying a "for sale" sign may be parked on
any street right-of-way.
~. No truck or van with a rated carrying capacity of over
3/4 ton shall be parked on any street right-of-way.
6. Any vehicle parked on any street right-of-way in front of
any unimproved lot which is not removed within 48 hours after a
notice requiring removal has been posted on the vehicle by the City
will be towed at the owner's expense. ,
7. Any violation of this Section shall be a civil
infraction, subject to a maximum civil penalty of ($!00.00), or a
civil penalty of $50.00 if the person committing the civil
infraction does not con,est the citation.
Section 2. It is the intention of the City Counci! of the
City of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made a par~ of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, re!ettered, and the word "ordinance" may be
changed ~o "Section", "Artic!e~', or such other word or phrase in
order to accomplish such inCan=ion.
Section 3. k!i other Ordinances or parts of Ordinances,
Resolutions or pa~s of Resolutions in conflict herewith are hereby
repealed ~o ~ke extent of suc~ conf!ic%.
Section 4. If any clause, sec%ion, or other par% or
application of ~his Ordinance shall be held by any Court of
competen= jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid Dar~- or application shall be considered
as e!iminatad, in no way affecting Zhe validity of the remaining
portions or applications, which shall remain in full force and
effect.
Section ~. This Ordinance shall become effective thirty
(30) days after i~s passage and adoption.
PASSED ~D ADOPTED BY TH~ CITY CO~CIL OF THIS CITY OF SEBASTI~,
FLORIDA, ON SECOND ~D FINA~ ~ADi~, THiS ~ DA~ OF
The foregoing Ordinance was
Councilmem~er
by Councilmember
/
into a vote, the vote was as follows:
moved for adoption by
The motion was seconded
and, upon being put
Hayer Arzhur L. Fi~ion
Vice Mayor Carolyn Csm~m
Counci!member Nurma J. Damn
Cuunci!member Ray Ha!!oran
Cuunci!member Louise R. Cat, wright
.Y
The ~ayor thereupon declared this ordinance duly passed and
ado~ed ~is C~"~/~ ~ da,; of __, 1995
ATTEST:
Ka~hry~/M. O'Haiioran, CMC/.~YE
CITY OF SEBASTIAN, FLORIDA
Amhur L. Fir~io-n, ~ayor
(Seal)
Approved as to Form and Con~ent:
....~Clifton A. McCle!!and, Jr.
City Attorney
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES, PROHIBITING PARKING iN DESIGNATED
HANDICAPPED SPACES, PROVIDING FOR
SEVERABILITY, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECT!~rE DATE.
WHE~S, the City Council of the city of Sebastian, Florida,
has enacted Ordinance No..0-95-03, restricting parking in the City;
and
WHEREAS, 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 amend said Ordinance to
prohibit parking in designated handicapped spaces.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1_______~. ordinance No. 0-95-03 of the Code of
Ordinances, City of Sebastian, Florida, its hereby amended by re-
designating paragraph 7 as paragraph 8 and by adding a new
paragraph 7 which shall read as follows:
7. No vehicle shall be parked in any parking space
designated with the international symbol of accessibility or the
caption "PARKING BY DISABLED PERMIT ONLY," or with both such symbol
or caption, unless such vehicle displays a parking permit or
license plate issued pursuan= to Sections 316.1958, 320.084,
320.0842, 320.0843, 320.0845 or 320.0848, Florida Statutes, and
such vehicle is occupied by a person eligible for such license
1
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 parking space for the purpose of loading or
unloading a disabled person. No penalty shall be imposed upon the
driver for such momentary parking.
Section 2. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 3. 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 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST P~--.~D!~G, TZIS ,~.~J DAY OF ~/~g~_~. ....... , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL ~F THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FTNAL READING, THIS /O~ DAY OF
,_~D...~?z~//i,~'~ , 1995.
/
The foregoing Ordinance
Councilmember ~.~d t/~&.~
by Councilmember
into a vote, the vote was as follows:
was moved for adoption by
The motionwas seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray ~alloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of .~/.¢ J--. /
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firtion, MR~_or
ATTEST:
Kathryn ~. O 'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
3
City of Sebastian
1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SUBJECT: RECOMMENDATION FROM
PLANNING ~ ZONING COMMISSION
REGARDING BARBED WIRE FENCES
Approval for Submittal By:
City Manager
) Agenda Number:,.
)
) Dept. Origin: Community DeveloDment
Date Submitted:
For Agenda Of:
Exhibits:
8/15195
8/23/95
· 1. Memo dated 5/17/95 from
Bruce Cooper
2. Memo dated 5/19/95 from
Planning and Zoning
Secretary
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning and Zoning Commission received a request from a local fence
contractor and developer to a~end the Land Development Code regarding
barbed wire fences. Currently, the code specifies that the lower strand
of barbed wire is not to be placed lower than 6 feet, 6 inches from the
ground nor angled outward. Apparently, the normal manufacturer of these
brackets for barbed wire cannot meet the specific distance requirement
from the ground. Therefore, it would be impossible for them to comply
with the existing ordinance.
The proposed language will provide for barbed wire to be placed on
fences at a minimum 6 feet in height with not more than three strands of
barbed wire. If the barbed wire is angled outward, the fence structure
shall be erected from the property line a sufficient distance to insure
that the barbed wire is contained on private property.
Due to a recent appeal/variance through the Board of Adjustment
regarding an earth berm, staff would request the attorney to advise
whether or not the fence ordinance should be amended to be consistent
with the decision from the appeal. The Planning and Zoning Commission
Agenda Cover Sheet
Barbed wire Fences
Page Two
did not want to recommend the allowance of earth berms in the
residential districts.
The Planning and Zoning Commission is also recommending that some
language be provided to allow some minor variation in the maximum height
of a fence. Recently, due to a neighborhood squabble, this department
received a complaint that the neighbor's fence was constructed as 6
feet, 1-1/2 to 2 inches in height. Due to small variations in grade, a
6' fence could be 6'2" depending where it is measured.
RECOMMENDED ACTION
Move to direct the city attorney to draft an ordinance regarding the
Planning and Zoning Commission recommendation on fences.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE
May 19, 1995
Mayor, city Council
Dorri Bosworth, Secreta .~.
Planning and Zoning Com~sion
Amendment to the Land Development Code
Barbed Wire Fences
At its regular meeting of May 18, 1995, the Planning and Zoning
Commission approved a motion to recommend~to City Council to amend
Section 20A-5.9.F of the Land Development Code.
After a discussion regarding a memorandum from Mr. Cooper dated May
17, 1995 (attached), Mr. Fischer made a motion that "the Planning
and Zoning Commission recommend to City Council that they amend the
fence ordinance with the changes proposed in a memo from Mr. Bruce
Cooper dated 5/17/95, pertaining only to the changes to Section
20A-5.9.F, and also to have the city attorney draft language to be
included in the fence section that allows for some discretion in
regards to fence heights." Mr. Munsart seconded the motion. The
Commission voted unanimously 7-0.
DATE:
City of Sebastian
1225 MAiN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
May 17, 1995
TO:
FROM:
REFERENCE:
Planning and Zoning Commission
Bruce Cooper ~
Director of Community Developme
Proposed Amendment to Fence Ordinance
The following would be my recommendations to the City Council to
amend the fence ordinance:
Section 20A-5.9.B Types of fences and walls permitted. - Add
the following:
7. Earth Berms
2. Section 20A-12.2 D~finit£on of Terms,- Amend the following:
Fence or wall. A frcc=tanding structure cf Any material
or combination of materials erected for confinement,
screening or partition purposes.
Sectio~20A-5.9.F Prohibited fences and walls. - Amend the
following:
Barbed wire fences. Barbed wire fences may be permitted
by the Planning and Zoning Commission in commercial and
industrial districts if the proposed fence is a minimum
of six (6) feet and a maximum of eight (8) feet in height
and topped with barbed wire of not more than three (3)
strands ..... ~ - ~ t .... d ~f b~b~d ....
~- ~- ~ ~ ~ "~-~'~-~ ~ ~ f the barbed
~ire .is ~qled outward, the fence structure shall be
~9~e. cted f.~.O~ the property line a sufficient di.s.~ance to
insure the barbed wire is contained on private DroDertv~
ank
yOU ·
TRAFFIC AND VEHICLES
§ 98-34
ARTICLE H. STOPPING, STANDING AND PARKING*
Sec. 98-31. Parking between hours of 2:00 a.m. and 6:00 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.
(Code 1980, § 26-20)
Sec. 98-32. Verbal notice of ~m~afe 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 every effor~
to notify the owner or driver of the vehicle, giving to the owner or driver the opportunlBr to
remove the vehicle from the parking location. If the owner or driver refuses to remove the
vehicle from such location after notification by the police officer, he shall be deemed in vio-
lation of this section.
(Code 1980, § 26-21)
Sec. 98-33. Parking on public school grounds.
No operator of any motor vehicle or moped on any public school grounds within the
corporate limits of the city shall park such motor vehicle or moped in other than established
or designated parking areas.
(Code 1980, § 26-22)
Sec. 98.34. Parking on Main Street.
(a) !fmlations. It shall be unlawful and a violation of ~.he provisions of this article for any
person who causes, allows or permits:
(1) No parking zone. A motor vehicle or moped to park, stop or stand on either side of
Mm Street from Louisiana Avenue west tothe entrance of the municipal golf course.
(2) Parallel parking zone. A motor vehicle or moped to be parked other than parallel to
the curb where curbing exSsts on either side of Main Sereet from the west side of U.S.
Highway No. 1 to the east side of the right.of-way of the Florida East Coast Railway.
In such area parking is allowed only in the designated parallel parking spaces as
authorized in subsection (b) of this section.
(b) Designation of parking spaces. The chief of police is hereby directed and authorized to
mark off individual parking spaces in the parking zone designated and described in subsection
(a)(2) of this section, such parking spaces to be designated by lines painted or durably marked
on the curbing or surface of the street. At each space so marked off it shall be unlawful to park
*Cross reference-Streets, sidewalks and other public places, ch. 90.
State law references-Stopping, standing or parking prohibited in specified places, F.S.
§ 316.1945; additional parking regulations, F.S. § 316.195.
CD98:5
§ 98-34
SEBASTIAN CODE
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any vehicle in such a way that the vehicle shall not be entirely within the Limits of the space
so designated.
(Code 1980, § 26-23)
Sec. 98-35. Parking on Central Avenue.
(a) V~olat/ons. It shall be unlawful and a violation of the provisions of this article for any
person who causes, allows or permits:
(1) /Vo parking zone. A motor vehicle or moped to park, stop or s~ud on the east side
(northbound lane) of Central Avenue from 70 feet north of Main Street north to the
intersection of U.S. Highway No. 1 (SR No. 5).
(2) L~ading zone, iS-rninute parking. A motor vehicle or moped to park, stop, or stand for
more than 15 minutes in the designated loading zone located on the east side (north-
bound lane) of Central Avenue from the intersection of Main Street to a point 70 feet
north thereof.
Co) Designation of ~oad£ng zone p,~rking 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 curbing or surface of the street.
(Code 1980, § 26-24)
Secs. 98.36--98-50. Reserved.
A.RTIC]%R ]IL NONli~OViNG TI:tAFFIC INFRACTIONS
Sec. 98-51. Purpose.
It is the intent of the city council in the adoption of this article to dec~nlu-llze the
violations o£ the stopping, standing and parking provisions in articles I and II of this chapter,
thereby facilita~ng the implementation for the disposition of municipal nonmoving traffic
infractions.
(Code 1980, § 26-50)
Sec. 98-52. Definitions.
The following words and phrases where used in this article, shall have the meanings
respectively ascribed to them in this sect-ion, except where the contex~ clearly indicates a
different meaning:
Cited means to notify a person that he has been charged with a municipal noncriminal
infraction and must comply with the provisions of this article.
Infraction means a municipal noncriminal violation which is not punishable by incarcer-
ation and for which there is no right to a trial by jury or a court appointed counsel.
CD98:6
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
I CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: AGENDA NO:
November and December 1995
Meeting Schedule DEPT. ORIGIN: City_ Clef
DATE SUBMITTED:
9/29/95
APPROVED FOR SUBMITTAL:
City Manager' (i~4/(_~
IExpenditure Required:
MEETING DATE:
EXHIBITS:
Calendars
I
Amount Budgeted: I Appropriation Required:
SUMMARY STATEMENT
Historically, the City Council has amended its Novembe~ and December schedules to
accommodate any holiday plans.
This year the second regular meeting in November is scheduled for the evening before
Thanksgiving and the second regular meeting in December is scheduled between
Christmas and New Year.
RECOMMENDATION
Should you desire to change those dates, we suggest the following:
Regular Meetings- November 1 and 15
Business Workshop - November 29
Regular Meetings - December 6 and 20
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