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01221997
City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, JANUARY 22, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No tmbBc input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-97-02). 2. 3. 4. 97.051 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL WORKSHOP ITI~blS Discuss Park Use Policy (City Manager Transmittal 1/16/97, City Documents and Other Municipalities' Codes) 5. ADJOURN (Workshops shouM not exceed one hour in duration) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TttE 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, WttlCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITtt DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM31ODATION FOR THIS MEETING SHOULD CONTACT TIIE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JANUARY 22, 1997 - 6:05 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Workshop to order at 6:05 p.m. The Pledge of Allegiance was recited. ROLL CALL City. Council Presel~l: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPr~sent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn M. O'Halloran Deputy City Clerk, Sally Maio City Council Workshop January 22, 1997 Page Two 97.051 WORKSHOP iTEM8 Discuss_Park Us~.Policy (City Manager Transmillal l/16/97, City Documents and Other Mmlicipalities' Codes) The City Manager reviewed documentation submitted to Council, said sale of goods seems to have been the most prevalent issue over the years, and noted that there is no clear policy by which requests for use of parks are justifiably brought to Council for approval. He said defined policies need to be established, limitations on use of the property set, approval methods decided upon, a formalized application form utilized and a determination made of which parks the rules in the City will apply to. Mrs. Damp suggested a check-off list application, and said she preferred no alcoholic beverages be allowed. Mr. Halloran said by leasing out use to individuals Council prevents other citizens from using the parks, said he was hesitant to come with rules that don't get enforced, suggested applicants be responsible for costs of police, said he regularly sees dogs in parks and suggested alcoholic beverage use be banned from parks and deleted in the code. Mr. Taracka expressed concerns for the many times grant conditions were discussed in the past, inquired what conditions might be in place for Riverview Park by Department of Natural Resources. The City Clerk said an annual use report was submitted many years ago by a former Finance Director. Mr. Taracka discussed sale of handmade goods. Mayor Cartwfight said that would apply to a craf~ sale but not to other types of events. The City Attorney cautioned about discriminating by limiting sale of handmade goods for one group and not others without a valid public health, safety and welfare reason. Mayor Cartwright recommended eliminating condition #6 allowing sale of only handmade goods. The City Attorney said Council might want to look at special events permitting process. The City Manager explained that the temporary use permit had been used in the past, however, the City's temporary use policy is for use of private rather than public property. The City Attorney said the Clearwater code looked good. Mr. Taracka suggested adding language that park use is non-exclusive and inquired what the City considers "standard electricity conditions". The City Clerk said people are informed that use is non-exclusive and that something such as a coffee pot is considered standard electric use. City Council Workshop January 22, 1997 Page Three It was the consensus of Council to prohibit alcoholic beverages in parks with no provision for approval. Mayor Cartwright said parks should be open for the general enjoyment and benefit of all residents and events sponsored by either for profit or non-profit organizations. The City Manager said non-exclusive use needs to be clearly defined since certain events do use certain areas of the park exclusively for extended periods of time. Mayor Cartwright suggested a formalized application be submitted at least 60 or 90 days prior to use. Mr. Taracka suggested any groups of 25 and over be requested to obtain a permit. Mr. Barnes said he thought Council was to draft a policy for more administrative approval with Council overview at the request of the City Manager if the application was outside of parameters established by the City Council, discussed the differences in City parks, questioned the use of City properties for profit making, use of City workers to accommodate these uses and costs involved, and monthly use of Riverview Park by certain groups, suggested banning swimming at all public parks, requiring proper Health Department permits for food vendors, requiring penalty for violations and insurance. Mayor Cartwright recommended the rules apply to all parks, agreed with no swimming, said Health Department permits for food vendors is required, agreed with pre-booking of events such as Craft and An Shows, agreed with.penalties, and suggested a minimum $250 damage deposit. Other Council members agreed with a ban on swimming. TAPE I - SIDE II (6:44 p.m.) A minimum of $250 security was agreed upon. The City Manager said he would like to come back with a recommendation on the security, noting that certain uses might require more. Mayor Cartwright said she thought vendors were a plus to certain events. The City Attorney said for profit sales should be allowed only when in connection with some public purpose. Mr. Barnes said the areas where vendors can park needs to better delineated. City Council Workshop January 22, 1997 Page Four Mayor Cartwright reiterated conditions discussed by Council as follows: 0-25 people no application or permit required 26 and over need to apply for any reason Minimum $250 security deposit with scale to brought back No alcoholic beverages in any park anytime with no provision for waiver No swimming in any park Handmade goods or manufactured goods are fine Vendors connected only to event Designated areas for placement of vendors Rules apply to all parks Non-exclusive use of parks (entire park not utilized at one time with exception of 4th of July) No animals allowed in parks Mr. Taracka asked if the property on the east side Barber Street north of Barber Street Sports Complex is a park. The City Manager said he would verify that it was. Discussion took place on use of City manpower and costs involved. The City Manager said this is another area that needs to be looked into and defined. Mr. Halloran said people holding the event should be responsible for police whether on or off duty. The City Manager said he preferred use of off-duty officers for events. Mr. Barnes reiterated the need for Health Department permits for food vendors. This was added to the list of rules. The City Manager said staffwill take Council's recommendations and bring back language and a sample application. 5. Being no further business, Mayor Cartwright adjourned the Workshop at 6:55 p.m. Approved at the ~~ Kathry. n M.-D'Hailoran, CMC/AA~ City Clerk ..... · [qC[r7 ,1996, Regular City Council Meeting. Mayor City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 22, 1997 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLOR/DA ALL AGENDA iTEMS MAYBE 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 if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (~-97-02) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE $. INVOCATION - Police Department Chaplain Frank Camillo 4. ROLL CALL 5. AGl~DA MODIFICATIQ~NS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) 6. PROCLAMATIONS, ANNOUNCI~TS AND/OR PI~SENTATIONS 97.052 A. Presentation 0£95/96 Audit Report by Finance Director (Finance Director Transmittal 1/15/97, Report Previously Distributed) 8. 9. 97.053 10. 97.054/ 96.151 CITY ATTORNEY MATTERS CITY MANAGER MATTERS ELECTION MATTERS A. Mayor to Read Proclamation Calling March 11, 1997 General Election Adopt Resolution No. R-97-01 in Accordance with Charter 4.07 - Designating Polling Places, Offices to be Filled and Questions to be Decided (City Clerk Transmittal 1/2/97, R-97-01) RI3$OLUTION NO. R-97-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 11, 1997, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING ONE REFERENDUM QUESTION ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Co Formal Request to Supervisor of Elections to Administer March 11, 1997 Election (See Transmittal Above) D. Affirm Canvassing Board Appointments (See Transmittal Above) CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes- 1/8/97 Workshop, 1/8/97 Regular Meeting, 1/15/97 Special, 1/15/97 Workshop Adopt Resolution No. R-97-05 - Falcon Cable Franchise Extension to March 19, 1997 (City Manager Transmittal 1/16/97, R-97-05) RE~;OLUTION NO. R-97-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. 2 97.055 97.056 97.057 11. 12. 13. 14. 97.058/ 96.049 97.059/ 96.057 97.060 Adopt Resolution No. R-97-06 - Vacation of Easement - Bell - Lots 3 & 4, Block 83, Unit 2 Sebastian Highlands (City Clerk Transmittal 1/16/97, R-97-06, Application, Survey, Letters of No Objection, StaffRepor0 RESOLUTION NO. R-97-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EAST 5 FEET OF LOT 3 AND THE WEST 5 FEET OF LOT 4, BLOCK 83, SEBASTIAN HIGHLANDS UNIT 2, LESS THE NORTH 10 FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, 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. Sebastian Extension Homemakers - Use of Electricity at Riverview Park - 3/12/97 - 9 am to 2 pm (City Clerk Transmittal 1/13/97, Letter 1/8/97) Eo Sebastian United Methodist Church - Use of Riverview Park for Easter Sunrise Service - Bleacher Set Up and Electricity - 3/30/97 - 6:30 am to 7:30 am (City Clerk Transmittal 1/15/97, Rev. Harris Letter 1/15/97) PUBLIC HEARING - None COMMITTEE REPORTSfI~COMMENDATIONS OLD BUSINESS I~IEW BUSINESS Modification to Proposed Riverview Park Observation Fishing Pier - Authorize City Manager to Proceed with Request to FDEP for Approval. to Enlarge Terminal Platform - Appropriate $2,700 Additional from Undistributed Non-Departmental Funds (City Manager Transmittal 1/16/97, Letter from Indian River Lagoon SWIM Program) B° Approve Request for Appeal of Site Plan Approved by Planning and Zoning Re: Grace's Landing and Schedule Public Hearing (Community Development Transmittal 1/16/97, P & Z Minutes 1/2/97, 20A-10.4) C° Planning and Zoning Commission Recommendation to Request City Council to Direct City Manager to Develop Plan of Action to Address Louisiana Avenue from Main Street to Proposed Intersection with High Street and Palmetto Avenue (Community Development Director Transmittal 1/16/97, P & Z Minutes 1/2/97, 20A-10.2.D.5.) 97.061 97.013 97.014 First Reading of Ordinance No. 0-9%03 - Unlawful to Repair Vehicles in Residential District Unless Registered to Property Owner or Resident - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (City Manager Transmittal 1/16/97, 0-97- 03) ORDINANCE NO. 0-97-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY"; PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES .IN A RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR REPAIR, UNLESS THE VEHICLE IS REGISTERED IN THE NAME OF THE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE VEHICLE IS PARKED; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-04 - Substituting Community Development Director for City Clerk and Building Official - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-04) ORDINANCE NO. 0-97-0_4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO THE OFFICIAL ZONING MAP AND LAND USE CLASSIFICATIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK AND BUILDING OFFICIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLiTY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-05.- Special Use Permit Application Procedures - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-05) ORDINANCE NO. 0-97-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER. ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 97.015 97.016 97.017 Go First Reading of Ordinance No. 0-97-06 - Excavation and Mining Regulations - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, Oz97-06) ORDINANCE NO. O-97-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING HEIGHT EXCEPTIONS, REGULATIONS FOR REQUIRED 'YARDS, EXCAVATION AND MINING - WATER MANAGEMENT STANDARDS, EXCAVATION AND MINING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MINING - INSPECTION AND REVOCATION OF PERMITS SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DIRECTOR OF PUBLIC WORKS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-07 - Rule for Location of Accessory Buildings - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-07) ORDINANCE NO. 0-97-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR AN EXCEPTION TO THE GENERAL RULE OF LOCATION FOR ACCESSORY BUILDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-08 - Walls and Fences in Commercial and Industrial Areas - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-08) ORDINANCE NO. 0-97-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LIMITATIONS AND RESTRICTIONS FOR WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR THE APPROVAL OF FENCES AND WALLS NOT EXCEEDING EIGHT FEET IN HEIGHT BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.019 97.020 97.023 First Reading of Ordinance No. 0-97-10 - Moving of Structures - Substituting Titles and Land Development Code for Zoning Code - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-10) ORDINANCE NO. O-97-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CITY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMENDING PROCEDURES; PROVIDING FOR COISIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-11 - Excavation and Mining Procedures - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-11) ORDllqA~GE NO. 0-97-11 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILL, EXCAVATION AND MINING - EXCEPTIONS, EXCAVATION AND MINING - MINING PERMIT REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-14 - Structural Alterations to Nonconformities and Noncompliances - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-14) ORDINANCE NO. 0-97-14 AN ORDIN)kNCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES; SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR. SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. 6 97.024 97.025 97.062/ 96.123 15. Mo First Reading of Ordinance No. 0-97-15 - Landscape Regulations - Substituting Titles - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-15) ORDINANC]5 NO. 0-97-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO TREES WITHIN REQUIRED LANDSCAPE STRIP, LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING REQUIREMENTS, REQUIRED LANDSCAPE PLAN SUBMITTAL, MAINTENANCE REQUIREMENTS INCLUDING iRRIGATION, VARIANCES; SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR THE BUILDING OFFICIAL, CITY ENGINEER, AND CITY CLERK; SUBSTITUTING THE PLANNING AND ZONING COMMISSION FOR THE CITY COUNCIL; SUBSTITUTING THE STAFF FOR THE URBAN FORESTER; CORRECTING THE TITLE OF THE BOARD OF ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-16 - COR District Utility Storage Area Requirement for Carport or Similar Unenclosed Vehicle Storage Structure - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-16) ORDINANCE NQ~ 0-97-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING COMMERCIAL OFFICE RESIDENTIAL DISTRICT; AMENDING THE UTILITY STORAGE AREA REQUIREMENT FOR A CARPORT OR SIMILAR UNENCLOSED VEHICLE STORAGE STRUCTURE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Proposed Lease for Use of City Building Located at Corner of U.S. 1 and Main Street by Sebastian Historical Society and Chamber of Commerce (No Backup) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 16. 17. CITY COUNCIL MATT. ER~ A. Mrs. Norma Damp B. Mr. Raymond Halloran C. Mr. Richard Taracka D. Mayor Louise Cartwright E. Vice Mayor Walter Barnes ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council ~Ill meetings beginning at 7:00p. m. shall adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y 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 VERBATIAt RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIbtONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCObIMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upgoming Meetings: Regular City Council Meen'ng - Wednesday, February 12, 1997 Regular City Council Meeting - Wednesday, February 26, 1997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 22, 1997 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Cartwright called the regular meeting to order at 7:02 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Department Chaplain Frank Camillo. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff.Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Finance Director, Joel Haniford Deputy City Clerk, Sally Maio Regular City Council Meeting January 22, 1997 Page Two AGENDA MODIFiCATION_.~ (,ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) MOTION by CartwrighffTaracka I move that we move to add to the agenda the presentation of the awards for Trees are Terrific Art contest. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Cartwright/Halloran I move to move item O under New Business right before the item D which is the first reading of Ordinance 97-03. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 2 Regular City Council Meeting January 22, 1997 Page Three 6. I'ROCLAMATIONS, ANNOU~Ci~MENT~; APtP/OR PRESENTATIONS Trees Are Terrific Art Coflt~S~ Winners Mayor Cartwright presented awards to Category I winners, Michael Block, Vanessa Roe and Bethann Donini; Category II winners Jacqueline Moon, Mary Parson, and Kimberly Viela; Category III winners Lorien Creden, Melissa McGinn, and Chris Wollack; Category IV winners Morgan Bishop, Rudy Smith and Kate Leach. 97.052 presentation..of 95/5}6 Au~lit Report by Finance Director (Finance Director Transmittal 1/15/97, Report Previously Distributed) The Finance Director presented the 95/96 fiscal year financial statements. He noted this is the first clean audit in many years and introduced and commended staff members Nancy Veldt, Vaunette Davis and Margie Poole. Tom Kirk of the audit firm Hoyman, Dobson and Co. addressed City Council. He distributed further comments 'to City Council. 7. CITY ATTORNEY MATTERS The City Attorney said she had received "Florida Forms" on CD-ROM and was working with the City Manager to tailor some of the forms to create a form file for the City. 8. CITY MANAGER MATTERS The City Manager said runway 4-22 is open, noted there was a minor dispute which will require a retesting; said the airport office has been located at the airport; said he will have a meeting with FAA Flight Standards relative to skydive activities to be attended by FBO's and other concerned parties on February 5, 1997; discussed city staff picking up debris along Airport Drive West which was left by a previous tenant; said he had asked the City Attorney to draft language restricting parking on airport right-of-way; said the new sound system will be installed January 31, 1997; said the chair vote results have been tallied; and said he had distributed a draft franchise ordinance and a local officials guide to the Telecommunications Act. ¢ Regular City Council Meeting January 22, 1997 Page Four 97.053 I3LECTiON MATTERS A. Mayor to Read Proclamation Calling March 11, 1997 General Election Mayor Cartwright read the proclamation calling the March 11, 1997 election. Bo Aclopt Resolution No. R-97-01 in Accordance with Charter 4.07 - l)esigrla~jllg Pollirlg Places, Offices to be Filled and Questions to be Decided (City Clerk Transmittal 1/2/97, R-97-01) RESOLUTION NO. R-97-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 11, 1997, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING ONE REFERENDUM QUESTION ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-01 by title only. MOTION by Cartwright/I-Ialloran I move adoption of Resolution No. R-97-01. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 4 Regular City Council Meeting January 22, 1997 Page Five 10. Forroal Request to Supervisor of Elections to Adnlirlister March 11, 1997 El~cti0n (See Tra. n~mittal Above) MOTION by Cartwright/Barnes I move to request the Supervisor &Elections to administer the March 11, 1997 election. ROLL CALL: Mr. Taracka ' aye Mrs. Cartwright - aye ~l Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 D. Affirm Canvassing Board Appointments ~ee Transmittal Above) MOTION by Cartwright/Halloran I move to affirm the canvassing board appointment as provided by the City Clerk. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 1/8/97 Workshop, 1/8/97 Regular Meeting, 1/15/97 Special, 1/15/97 Workshop Regular City Council Meeting January 22, 1997 Page Six 97.054/ B. 96.151 Adopt Resolution No. R-97-05 - Falcon Cable Franchise Extension to March 19, 1997 (City Manager Transmittal 1/16/97, R-97-05) RESOLUTION NO. R-97-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. 97.055 C. Adopt Resolution No. R-97-06 - Vacation of Easement - Bell - Lots 3 & 4, Block 83, Unit 2 Sebastian Highlands (City Clerk Transmittal 1/16/97, R-97-06, Application, Survey, Letters of No Objection, Staff Report) RESOLUTION NO, R-.97-06 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EAST 5 FEET OF LOT 3 AND THE WEST 5 FEET OF LOT 4, BLOCK 83, SEBASTIAN HIGHLANDS UNIT 2, LESS THE NORTH 10 FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, 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. 97.056 D. Sebastian Extension Homemakers - Use of Electricity at Riverview Park - 3/12/97 - 9 am to 2 pm (City Clerk Transmittal 1/13/97, Letter 1/8/97) 97.057 E. Sebastian United Methodist Church - Use of Riverview Park for Easter Sunrise Service - Bleacher Set Up and Electricity - 3/30/97 - 6:30 am to 7:30 am (City Clerk Transmittal 1/15/97, Rev. Harris Letter 1/15/97) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-97-05 and R-97-06 by title. Regular City Council Meeting January 22, 1997 Page Seven MOTION by Taracka/Barnes I move to approve the Consent Agenda as read. ROLL CALL: Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 11. PUBLIC HEARING - None 12. COMMITTEE REPORTS/RE(~QMMENDATIONS None. 13. OLD BUSINESS - None 14. NEW BUSINESS 97.058/ 96.049 Modification to Prollosed l~iverview Park Observation Fishing Pier - Authorize City M~nager to Proceed with Request_lO lq)EP for Approval to Enlaxge Terminal Platform - Appropriate $2,700 Addition0,[ from Undistributed Non-Departmental Funds (City Manag~£ Transmittal 1/16/97, Letter fi:om In~liar~ River Lagoon SWIM Prograro) The City Manager explained the proposed modification to the observation pier. TAPE I - SiDE II (7:48 p.m.) MOTION by Halloran/Barnes I move to authorize the City staff to proceed with a request to the Florida Department of Environmemal Protection for approval to enlarge the terminal platform from 10 feet wide by 12 feet long to a platform 12 feet by 24 feet and to provide additional funding of $2,700 to be appropriated from the undistributed non-departmental accoum, which currently is in excess of $250,000. 7 Regular City Council Meeting January 22, 1997 Page Eight 97.059/ B. 96.057 ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 Approve Request for Appeal of Site Plaa.App~'oved by Planning and Zoning Re: Grace's Landing and Schedule Public Hearing.(,Commurlity Development Transmittal L/16197., P & Z Minutes 1/2/97, 20A-10.4) The City Manager gave a brief explanation of the appeal and recommended February 5, 1997 as the public heating date. George Maloney, 997 Flamingo, Sebastian, spoke in favor of the appeal. The City Attorney recommended that the City Council not hear evidentiary evidence at this time since the public hearing will be quasi-judicial. MOTION by Cartwtight/Halloran I move that we schedule the appeal of the Planning and Zoning decision for Grace's Landing for 6 pm on Wednesday, February 5. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwtight - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 Regular City Council Mbeting January 22, 1997 Page Nine 97.060 C. 97.062/ O. 96.123 Planning and Zoning Commi~iqr~.l*xe~ommendation to Request City Council to Direct City Manager to Develop Plan of Action toAddress Louisiana Avenue florrl. Main to Proposo~l In~r~ection with High Street and Palmetto Avenue (Community Development Director Trall~mitt~! 1 / ! 6/97, P & Z Minutes 1/2/97, 20A- 10.2.D. 5.) The City Attorney cautioned against Council receiving information relating to the application for Grace's Landing until after the quasi-judicial hearing is conducted. Janet Cristofori, 1044 Palmetto Avenue, Sebastian, began to speak, however, the City Attorney again expressed concern and recommended that this item be tabled until such time as the appeal is heard. Mayor Cartwright recommended deferring action on this item until after the February 5, 1997 heating and so advised others signed to speak. There were no objections from City Council. Proposed Lease for Use of City Building Located at Co~£ ofU, S~ 1 ,;nd Main Street by ~ebastian Historical Society and Chamber of Commerce (No Backup) The City Manager had distributed a revised lease agreement to City Council prior to the meeting and briefly explained its conditions. Harry Thomas, Jr., 654 Balboa Street, Sebastian, objected to the proposed lease and suggested it be taken to referendum. Robert Pliska, 1590 DeWitt Lane, Sebastian, recommended putting the use of the building to a vote. Wally Kramer, Micco, commended the Sebastian Historical Society, however, expressed concern about the activities of the Chamber of Commerce and agreed to a vote. Al Vilardi, Sebastian, 445 Georgia Boulevard, Sebastian, objected to the proposed lease. Tony Finazzio, 449 Georgia Boulevard, Sebastian, objected to the proposed lease. Regular City Council Meeting January 22, 1997 Page Ten Sal Neglia, 461 Georgia Boulevard, Sebastian, asked what would become of the old Chamber building, will the tenants maintain the grounds, will there be a charge for the museum, questioned the annual lease amount, and said the lessees should not be able to sublease. Martha Wininger, 106 Thunderbird Drive, Sebastian, agreed with a referendum and disagreed with use of tax dollars for a charitable organization. Bob Freeland, 733 Wentworth Street, Sebastian, discussed the reverter clause in the Chamber's current warranty deed and suggested the current building be taken back if Council is inclined to approve the use. Chuck Neuberger, 357 Melrose Lane, Sebastian, said the value of 700 Main Street is $315,900 and recommended Council think twice before it acts on the lease. ' The City Manager said only the building and not the grounds will be leased, therefore grounds' will be maintained by the City, said the electrical service will be on one meter, discussed the identified improyements and recommended if Council does not enter into the lease it get rid of the building. Tut Connelly, 149 Kildare Drive, Sebastian, spoke against the lease citing "taxation without representation". He recommended that Mayor Cartwright and Mrs. Damp withdraw from the vote or the item be deferred until the City Attorney can review the matter. TAPE II - SIDE I (8:37 pm.) Michael Flout, Roseland, spoke on behalf of the Historical Society and the community service it provides. Ed Moore, President, Chamber of Commerce, explained the Chamber's vision for the property as an information source for visitors and said he saw no conflict of interest. He said it was the Chambers intent to knock down walls and turn the old building into meeting rooms for them and other organizations. He said they intend to work to improve the building. 10 Regular City Council Meeting January 22, 1997 Page Eleven Mrs. Damp said wherever she has lived there has been a Chamber and Historical Society. She says she has nothing to gain by voting on this issue. Mr. Halloran commended the Historical Society on its work for the City and said he was delighted to support the lease. Mr. Taracka inquired about maintenance of the Schumann property. The City Manager said the City would continue to maintain it. He said he had not received many calls of support for the lease. Mr. Barnes recommended a straw ballot on the matter and said he would be willing to go along with the wishes of the people. Mayor Cartwright gave a history of the presentation of this proposal in 1995 by the Sebastian River Historical Society. She said the majority of people she heard from were in support of the lease and it was her job to represent the majority. MOTION by Halloran/Cartwright I move to approve the proposed lease for the use of the'City building located at the comer of US 1 and Main Street by the Sebastian Historical Society and Chamber of Commerce. ROLL CALL: Mr. Taracka - nay Mrs. Cartwright - aye Mr. Barnes - nay Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 3-2 (Taracka, Barnes - nay) Mayor Cartwright called recess at 9:07 p.m. and reconvened the meeting at 9:20 p.m. All members were present. 11 Regular City Council Meeting January 22, 1997 Page Twelve 97.061 D. 97.013 E. FirstReading 9£ Ordil~ance No. 0-97-03 - Unlawful to Repoir ¥~hJ~l~ in Residential District U~I~ l~egistered to Property Owner orResid~r~ - $~hed~le Second Reading, p~blic Heating and Final Adol~tion for ~/12/97 (City Manager Transmittal 1'/16/97, 0-97-032 ' ORdinANCE NO. 0-97-03 ANORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY"; PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES IN A RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR REPAIR, UNLESS THE VEHICLE IS REGISTERED IN THE NAME OF THE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE VEHICLE IS PARKED; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTiVE DATE. The City Attorney read Ordinance No. O-97-03 by title only. MOTION by Barnes/Taracka I'll move to approve the first reading of Ordinance No. O-97-03 and schedule second reading, public hearing and final adoption for 2/12/97. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye. Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97-04 - Substituting Community Development Director for City Clerk and Building Official - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-04) 12 Regular City Council Meeting January 22, 1997 Page Thirteen ORDINANCE NO, 0-97-04 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO THE OFFICIAL ZONING MAP AND LAND USE CLASSIFICATIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK AND BUILDING OFFICIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-04 by title only. MOTION by Barnes/Cartwright I'll move to approve the first reading of Ordinance 0-97-04 and schedule second reading, public hearing and final adoption for 2/12/97. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97.014 First Reading of Ordinance No. 0-97-05 - Special Use Permit Application Procedures - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1 / 16/97, 0-97-05) OR~AN(~E NO. 0-97-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-05 by title only. 13 Regular City Council Meeting January 22, 1997 Page Fourteen MOTION by Taracka/Halloran I move to approve the first reading of Ordinance 0-97-05, set the public hearing and second reading for February 12, 1997. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.015 First Reading of Ordinance No. 0-97-06 - Excavation and Mining Regulations - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-06) ORDINANCE N0, 0-97-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORiDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING HEIGHT EXCEPTIONS, REGULATIONS FOR REQUIRED YARDS, EXCAVATION AND MINING - WATER MANAGEMENT STANDARDS, EXCAVATION AND MINING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MINING - INSPECTION AND REVOCATION OF PERMITS SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DIRECTOR OF PUBLIC WORKS; PROVIDING FOR CODiFiCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-06 by title only. Carolyn Corum, 881 Dolores Street, Sebastian, discussed littoral zones. The Director of Community Development said mining will be addressed in the future. 14 Regular City Council Meeting January 22, 1997 Page Fifteen 97.016 H. MOTION by Halloran/Taracka I move to approve the first reading of Ordinance 0-97-06, and set the public heating and second reading for February 12, 1997. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-O First Reading of Ordinance No. O-97-07 - Rule for Location of Accessory Buildings - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-07) ORDINANCE J~O~ 0-9%07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR AN EXCEPTION TO THE GENERAL RULE OF LOCATION FOR ACCESSORY BUILDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-07 by title only. MOTION by Taracka/Halloran I move to approve the first reading of Ordinance 0-97-07, and set the public heating and second reading for February 12, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 15 97.017 97.019 First Reading of Ordinance No. O-97-08 - Walls and Fences in Commercial and Industrial Areas - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-08) ORDINANCE NO. Q-97-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LIMITATIONS AND RESTRICTIONS FOR WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR THE APPROVAL OF FENCES AND WALLS NOT EXCEEDING EIGHT FEET IN HEIGHT BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER. ABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-08 by title only. MOTION by Barnes/Damp I move to approve the first reading of Ordinance 0-97- 08 and schedule the second reading, public hearing and final adoption for 2/12/97. ROLL CALL: Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 First Reading of Ordinance No. O-97-10 - Moving of Structures - Substituting Titles and Land Development Code for Zoning Code - Schedule Second Reading, Public Heating and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-10) ORDINANCE NO. 0-97- ! 0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CITY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMENDING PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 16 Regular City Council Meeting January 22, 1997 Page Seventeen The City Attorney read Ordinance No. O-97-10 by title only. MOTION by Taracka/Halloran I move to approve the first reading of Ordinance 0-97-10 and set the public heating and second reading for February 12, 1997. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.020 First Reading of Ordinance No. 0-97-11 - Excavation and Mining Procedures - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1 / 16/97, 0-97-11) ORDINANCE N0~_0-97-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILL, EXCAVATION AND MINING - EXCEPTIONS, EXCAVATION AND MINING - MINING PERMIT REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-11 by title only. Carolyn Corum, 881 Dolores Street, Sebastian, discussed the need for dust control. The Director of Community Development responded that it may be difficult to regulate the method within the ordinance. He explained that special use permit procedures will be followed for sandmining permits and that Planning and Zoning and Council review are not eliminated. Mrs. Damp noted a typo on page 136, which the Director of Community Development will correct. 17 Regular City Council Meeting January 22, 1997 Page Eighteen 97.023 L. MOTION by Barnes/Halloran I'll move to approve the first reading of Ordinance 0-97-11 and schedule the second reading, public hearing and final adoption for 2/12/97. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97-14 - Structural Alterations to Nonconformities and Noncompliances - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-14) ORDINANCE nO. 0-97-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES; SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-14 by title only. MOTION by Halloran/Barnes I move to approve the first reading of Ordinance O-97-14 and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 18 Regular City Council Meeting January 22, 1997 Page Nineteen 97.024 M. First Reading of Ordinance No. 0-97-15 - Landscape Regulations - Substituting Titles - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, 0-97-15) ORDINANCE NO^ 0-97-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO TREES WITHIN REQUIRED LANDSCAPE STRIP, LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING REQUIREMENTS, REQUIRED LANDSCAPE PLAN SUBMITTAL, MAINTENANCE REQUIREMENTS INCLUDING IRRIGATION, VARIANCES; SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR THE BUILDING OFFICIAL, CiTY ENGINEER, AND CITY CLERK; SUBSTITUTING THE PLANNING AND ZONING COMMISSION FOR THE CITY COUNCIL; SUBSTITUTING THE STAFF FOR THE URBAN FORESTER; CORRECTING THE TITLE OF THE BOARD OF ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-15 by title only. The City Manager suggested that this ordinance be deferred until it is seen by the Advisory Board. MOTION by Cartwright/Halloran I move to remove it from tonight's agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taraeka - aye MOTION CARRIED 5-0 19 Regular City Council Meeting January 22, 1997 Page Twenty 97.025 N. 15. First Reading of Ordinance No. 0-97-16 - COR District Utility StOrage Area Requirement for Carport or Similar Unenclosed Vehicle Storage Structure - Schedule Second Reading, Public Hearing and Final Adoption for 2/12/97 (Community Development Transmittal 1/16/97, O-97-16) ORDINANCE NO, O-~)7-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING COMMERCIAL OFFICE RESIDENTIAL DISTRICT; AMENDING THE UTILITY STORAGE AREA REQUIREMENT FOR A CARPORT OR SIMILAR UNENCLOSED VEHICLE STORAGE STRUCTURE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDiNG FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-16 by title only. MOTION by Taracka/Cartwright I move to approve the first reading of Ordinance O-97-16 and set the public hearing and second reading for February 12, 1997. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Michele Egon-Byron, 1168 Croquet Lane, Sebastian, TAPE II - SIDE II (9:45 p.m.) 20 Regular City Council Meeting January 22, 1997 Page Twenty One 16. read a statement regarding a police investigation involving she and her son and expressed disapproval for the way it was handled. CITY COUNCIL MATTERS None. B. Mrl~, Norrna Damp Mr~RaymorlO Halloran Mr. Halloran commended the current City Council on its dignity in its dealings, said he hoped Council pay remains as is, and said he will not seek re-election. C. Mr. Richard Taracka Mr. Taracka commended Police who were involved in an ocean rescue at Sebastian Inlet. D. Mayor Louise Cartwright Mayor Cartwright commended the City Clerk for preparation of election documents. E. Vice M~or Walter Barnes Mr. Barnes gave results of vote tallies by this Council and said this Council works to take care of business. 17. Being no further business, Mayor Cartwright adjourned the regular meeting at 9:55 p.m. Approved at the (-~~ ~ / ~ ,1997, Regular City Council Meeting. Kathnz~'n _-M?D' Hall_.q r._an, City ~lerk: Mayor 21 PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET JANUARY 22, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HAVE THEIR OWN SHEETS -TIME LIMIT OF 10 MINUTES PER SPF~KER Agenda Item No. and Title: ................................. ~..~.~...~ ...................... ~ ................................... Name: ]X~ .... ~ [~:;L ...... : ............................... ~Agenda Item No. and Title: / ............. 27~" ...................... , .............................................................. /. ') / /Address:~ /c~o ,, ~){,:':L'/ Agenda Item No. and T~tle. .................................................. , ............ .&C_ .............. .J._. 222, ................. Agenda Item No. and Title: ddress: Agenda Item No. and Titl e.~ ~0 g ~ Agenda Item No. and Title: q~ (,6~ ~ (/'~~~" enda Item No. and Title: Address: I© L,! L! t Agenda Item No. and Title: , ,<, ~)~:~, S~'_..~ ,,.., .f,"' <,-,. Name: ~".~ ' ' ., :..~ l',<~ ~ i.~ Address: ~ 6 '-t (.( ['~.:::, 'i ~-: Agenda Item No. and Title: ':!' v~ddress: ~/Address: , 2 /' ,? ^, Agenda Item No. and Title: V ~Address: ' .... ' Agenda Item No. and Title: ' '"" ~/Address: 2'~' ~ ? " ' Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Address: Agenda Item No. and Title: Nallle: Address: Agenda item No. and Title: $8lfle~ Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: 3 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JANUARY 22, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Subject: dress: v Subject: Subject: Nam e: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address~ Subject: Name: Address: Subject: Name: Address: Subject: 2