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HomeMy WebLinkAbout02121997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [3 FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 12, 1997 ~ 6:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals shall 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 (R-97-02) I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Department Chaplain Frank Camillo 4. ROLL CAi~L 5. AGENDA MQDIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) 6. PROCLAMATIONS, ANNOUI~CEMENTS AND/OR pRESENTATIONS 97.065 A. Presentation of Certificate - Employee of the Quarter - 4th Quarter 1996 7. CITY ATTORNEY MATTER~; 8. CITY MANAGER MATTERS 97.066 97.067 97.061 10. 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 - 1/20/97 Special Meeting, 1/22/97 Workshop, 1/22/97 Regular Meeting, 1/31/97 Special Meeting Approve Fiscal Year 97/98 Budget Calendar (Finance Director Transmittal 1/31/97, Calendar) Co Approve Lion's Club Use of Riverview Park for Fundraiser Steak Dinner on April 5, 1997 from 12 pm to 7 pm - Electricity - Standard Conditions (City Clerk Transmittal 1/28/97, Moore Letter) PUBLIC HEARINGS Procedures for public hearings: (R-96-53) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution · Staff Presentation Public Input - Limit of 10 Minutes Per Speaker ° Staff Summation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Second Reading, Public Hearing and Final Adoptiol~ of Ordinance No. 0-9%03 - Unlax~'ful tO Repair Vehicles in Residential District Unless Registered to Property Owner or Resid~n*; (City Clerk Transmittal 2/7./97, 0-97-3) 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. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 2 97.013 Seconcl Reading, Public Hearing and Fir~al Adoption Ordinance No. O-97-04 - Substituting Community, Development Director for City Clerk and Building Officio! (Community Developmeot Director 2/6/97, 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 97.014 Second Reading, Public Hearing ar~l Final Adoptioll of Ordinance NO, O-97-05 - Special Use Permit Application Procedures (Community Development Director 2/6/97, 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PI-I 2/12/97) 97.015 Seconal Reading, Public Hearing and Fi/~al Adoption of Qrdinance No. 0-97-06 - l~?;cavation and Mining Regulatioo~ (Community Development Directgr 2/6/97, 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. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 97.016 Second Reading, Public Hearing ~d Final Adoption of Ordinance No. 0-97-07 - Rule for Location of Accessory Buiktiogs (Com~ulaity Development Director 2/6/97. 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 3 97.017 Second Reading, £ubl[c Hearing and Einal Adoption of Ordinanc~ No. 0-97-08 - Walls gnd Fences in Commercial and Industrial Areas (Community Development Director 2/6/97. 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 COIvlMERC~ 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, (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 97.019 Second Reading, Public Heating and Final Adoptiotl of Ordinance No. O-97-10 - Moving of Structures - Substituting Titles and Land Development Cod~ for Zolfing Code (Communit~ Development Director 2/6/97.0-97-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROC ~EDURES 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. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 97.020 Second Reading, Public Hearing and Final Adoption of Ordinance No. O-97-11 - F.,xca_vation and Mining Procedures (Community D~velopment Director 2[6/97, O-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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 97.023 Second Reading. Public Hearing and Final Adopl[ion of Ordinance_No. O-97-14 - Structural Alterations to Nonconformities_and Noncompliances (Community Development Director 2/6/97,. 0-97-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REOARDINO PROCEDURES RELATING TO STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES; SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (i st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 4 97.070 First Reading of Ordinance 1~0, 0-P7-43 - Vacating Adams~Ire~t Right-of-Way - ~5~hedule Second Reading. Public Hearing and Final Adoptio~n for 3/5/97 (Community Developntent Transmittal 2/6/97. 0-9%43) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING TI-IE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U.S. HIGHWAY 1; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.071/ 96.110 14. 15. 16. E. Cavcorp Property Parking Improvements - Conceptual Site Plan (Community Development Director Transmittal 2/6/97, CDD Memo 2/6/97, Alternate Site Plans) INTRODUCTION OF NEW BUSIL~l~;~ FROM THE PUBLI{~ Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mr. Raymond Halloran B. Mr. Richard Taracka C. Mayor Louise Cartwright D. Vice Mayor Walter Barnes E. Mrs. Norma Damp ADJOURN (All meetings beginning at 6:00p. m. shall adjourn at 9:30p. m. unless extended for one half hour by a majority vote of City Council All 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 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. O105 F.S.) 1N 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. Upcoming Meetings: Wednesday, February 19, 1997 - Special Meeting - Quasi-Judicial Hearings - 6p.m. Wednesday, February 26, 1999 - Regular Meeting - 6 p.m. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 12, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Cartwright called the meeting to order at 6:05 p.m. The Pledge of Allegiance was recited. No invocation. 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 Deputy City Clerk, Sally Maio Regular City Council Meeting February 12, 1997 Page Two 97.065 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) None. 6. PROCLAMATIONS. ANNOUNCEMEI~TS AND/OR PRI~$ENTATION~ A. Pre~entatior~ of Certi. ficate - Employee of the Quarter - 4th Quarter 199{5 Mr. Taracka read a brief bio and presented a certificate recognizing Gary Nicholas as Employee of the Quarter for the 4th quarter of 1996. 7. CITY ATTORNEY MATTERS The City Attorney explained procedures when a complaint is filed against the City. 8. ~2ITY MANAGER MATTI~RS Th e City Manager said he had been requested by the Art Club for a raindate this Sunday and had approved it administratively. There was no objection. He reported on the poor condition of street cuts for the water line installation in Phase I, that Indian River County had not pulled permits for street openings, and recommended asking the County to restore the roads properly. Mayor Cartwdght said Terry Pinto had told Council that the jack and bore method would be used. There were no objections from Council. CONSEblT AGl~NDA ~tll 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; itt which event, the item will be removed and acted upon separately. Approval of Minutes ~ 1/20/97 Special Meeting, 1/22/97 Workshop, 1/22/97 Regular Meeting, 1/31/97 Special Meeting 2 Regular City Council Meeting February 12, 1997 Page Three 97.066 B. 97.067 C. 10. Approve Fiscal Year 97/98 Budget Calendar (Finance Director Transmittal 1/31/97, Calendar) Approve Lion's Club Use of Riverview Park for Fundraiser Steak Dinner on April 5, 1997 from 12 pm to 7 pm - Electricity - Standard Conditions (City Clerk Transmittal 1/28/97, Moore Letter) The City Manager read the consent agenda. MOTION by Barnes/Halloran. I'll make a motion to approve the consent agenda, ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 PUBLIC HEARINGS Procedures for public hearings: (R-96-53) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° Staff Presentation Public Input - Limit of 10 Minutes Per Speaker ° Staff Summation · Mayor Closes Hearing ° Council A ction Anyone Wishing to Speak is' Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 3 Regular City Council Meeting February 12, 1997 Page Four 97.061 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-97-03 - Un. lawful to Repair Vehicles in Residential District Unless Registered to Property Owner or Resident (City Clerk Transrnitta! 2/7/97, 0-97-3) 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 INCONSIS'II~NT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:13 p.m. and the City Attorney read Ordinance No. 0-97-03 by title. Mayor Cartwright inquired whether legally parked includes a garage and ifCOR is considered a residential district and if so, were garages allowed in COR. Ms. Settles responded it would include cars parked in a garage and the Director of Community Development said that vehicle services were not allowed in COR. Mayor Cartwright closed the public hearing at 6:17 p.m., MOTION by Bames/Taracka I'll make a motion to approve Ordinance O-97-03, ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED .5-0 4 Regular City Council Meeting February 12, 1997 Page Five 97.013 B. 97.014 C. ~econd Reading. Public Hearing and Final Adoption Ordioance No. 0-9%04 - SubstitutiDg Community Development Director for_City Clerk and Building Official (Community DeYelopmenl Director 2/6/97, 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:18 p.m. and the City Attorney read Ordinance No. 0-97-04 by title. Mayor Cartwright closed the public hearing at 6:18 p.m.. MOTION by Taracka/Barnes I move to approve Ordinance 0-97-04. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - nay MOTION CARKIED 4-1 (Damp - nay) Second Ke. acljng, Public Hearing and Final AdoPtion of Ordinance bio. 0-97-05 - Special Use Permit Aogli~otion procedures (Community Development Director 2/6/97, 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. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:19 p.m. and the City Attorney read Ordinance No. 0-97-05 by title. Regular City Council Meeting February 12, 1997 Page Six Mayor Cartwright closed the public hearing at 6:19 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance 0-97-05. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - aye MOTION CARRIED 4-1 (Damp - nay) 97.015 Second Rea, gljllg, Public Hearing and Final Adoption of Ordinance No, O-97-06 - Excavation and Mirling Regulations (Community Development Director 2/6/97, 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:20 p.m. and the City Attorney read Ordinance No. 0-97-06 by title. Mayor Cartwright closed the public hearing at 6:20 p.m.. MOTION by Taracka/Barnes I move to approve Ordinance 0-97-06. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-1 (Damp - nay) 6 Regular City Council Meeting February 12, 1997 Page Seven 97.016 E. 97.017 F. Second Reading. Publj~ Hearing and Final Adoption of Ordinance No. O-97-07 - Rule for Location of Accessol:y Buildings (Community D~velopment Director 2/6/97, 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:22 p.m. and the City Attorney read Ordinance No. 0-97-07 by title. Mayor Cartwright closed the public hearing at 6:22 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance 0-97-07. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Second P~.eading, Public Hearir~ and Final Adoption of Or~linance No. 0-97-08 - Walls and Fences in Comvaercial and Industr~l Areas (Communi~ D~y~l. opment Director 2d6/9'~, 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. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 7 Regular City Council Meeting February 12, 1997 Page Eight 97.019 G. Mayor Cartwright opened the public hearing at 6:23 p.m. and the City Attorney read Ordinance No. O-97,08 by title. Mayor Cartwright closed the public hearing at 6:23 p.m.. MOTION by Taracka/Halloran I move to approve Ordinance 0-97-08. ROLL CALL: Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-1 (Damp - nay) Se~;orsd Reading, Public Hearjrlg and Final Adoption of Or~linance No. O-97-10 - Moving ofStrug:tures - SubstitutingTjtles and Land Development Code for Zoning Code (Community Developmeni Director 2/6/97, 0-97-103 AN ORDINANCE OF THE ~2ITY 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. (1 st Reading 1/26/97, Advertised Legal Notices i/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:24 p.m. and the City Attorney read Ordinance No. O-97-10 by title. Mayor Cartwright closed the public hearing at 6:24 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance O-97-10. 8 Regular City Council Meeting February 12, 1997 Page Nine 97.020 H. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 Second Reading, Public l-~aring and Final Adoption of Ordinance No., O-97-11 - Exca_~zali011 and Mining Procedures (Communit7 D~'~el0pment Director 2/6/97, O-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. (Ist Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:25 p.m. and the City Attorney read Ordinance No. O-97-11 by title. Mayor Cartwright closed the public hearing at 6:26 p.m.. The Director of Community Developement said he had revised the ordinance to make it clearer when he removed legislative marks. MOTION by Taracka/Barnes I move to approve Ordinance No. 0-97-11 as amended. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 Regular City Council Meeting February 12, 1997 Page Ten 97.023 I. 97.025 J. Second Reading. I~.ubJic Hearing and Final Adoption of O.t'~linanc¢ ~0. O-97-14 - Structural Alterations to Nonconformities and Noncompliances.(CommuniL~ ~Deyelop~e,t Director 2/6/97, 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:26 p.m. and the City Attorney read Ordinance No. O-97-14 by title. Mayor Cartwright closed the public hearing at 6:26 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance O-97-14. ROLL CALL: Mrs. ~Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARKIED 5-0 Second Reading, P~Jbli~ Hearing and Final Adol~Ii0n of Ordinance No, OO7-16 - COR Djl~trict Utility Storage Area Requirement for Carport or Similar Unenclosed Vehicle ~;torage Structure (Commur!jty Development Director 2/6/97, 0-97-16) AN ORDINANCE OF THE CITY OF SF~ASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE I~EGARDING 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. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) 10 Regular City Council Meeting February 12, 1997 Page Eleven Mayor Cartwright opened the public hearing at 6:27 p.m. and the City Attorney read Ordinance No. O-97-16 by title. Mayor Cartwright closed the public hearing at 6:27 p.m.. MOTION by Taracka/Barnes I move to approve Ordinance O-97-16. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 11. COMMITTEE REPORTS.~IgCOMMENDATION.~ None. 12. OLD BUSINESS 97.060 Recow~endation from Planning an~l Zoning Commissiou Concerning Louisiana Avenue and Palmetto Avenue (Community Develol~me~l~ Director Transmittal2/6197) The City Manager distributed a copy of the Capital Improvement budget (see attached) discussed the Masteller study done in 1991 which proposed a minimum 40 foot fight-of- way with curb and gutter and sidewalks as a preliminary recommendation; recommended this item be included in the Capital Improvements budget as an unfunded need at this time; said he needed to determine an estimated cost for the improvements, look at revenue streams, project when the improvements can be accomplished, do a PD and E on the area, break the area down into projected phases. He recommended staffbe directed to include Louisiana Avenue in the Capital Improvements budget as an unfunded need; and for Palmetto Avenue, the road width needs to be looked at at some point and if the project impacts the road, it may have to be moved up. 11 Regular City Council Meeting February 12, 1997 Page Twelve Mr. Halloran suggested that staff define the condition of the street pre-construction and if the street is not in the same condition afterward something be done. Mr. Barnes asked if block grant funds could be sought due to its historical value. The City Manager said once the current grant project is completed it may be eligible. Mayor Cartwright inquired how the cost can be determined and the City Manager responded that estimates could be obtained from Indian River County. Mayor Cartwright said she would like to see the numbers as soon as possible. She also said she'd like to take a pro-active view on Palmetto instead of waiting to see if the project impacts the street. The City Manager said there are other City streets in worse condition. The City Manager said if there is no objection he will proceed to include the item in the Capital Improvements budget. He said Council should think about funding sources and that it might want to consider some resident participation, although he was not advocating that. It was the consensus of City Council for the City Manager to proceed. 13. NEW BUSINE$~ 97.068 to Provide Dkectio~ l~e: Preferred Date for First City Council Meeting ill March 1997 (City Manager Transmiga! 2/5/97) MOTION by Halloran/Taracka I move to change the March 12, 1997 meeting date to March 5, 1997. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 12 Regular City Council Meeting February 12, 1997 Page Thirteen 97.069 B. 5Yaiver of Bid Requirement to Secure Biological Seal:yin:es for Municipal Airport - Authorize Cit~ Manag~ to Bring Back Agreement Between City and Carroll and Associates for Approval (City Manager Transmittal 2/6/97,.M. ap, H(~P, Quote) The City Manager gave a brief explanation of the need for the study. MOTION by Halloran/Taracka I move to waive the normal procurement procedures and authorize the City Manager to bring an agreement between the City and Carroll and Associates, back to the Council for their approval in the amount of $6,075. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 TAPE changed to TAPE i - SIDE II (6:52 p.m.) during roll call. 97.012 C. First Reading of Ordinance No. O-P7-4:l - Vacating Street Rights-of-W~ ill ,Sebastian island Pursuant to Agreement w/Cornerstone - Schedule Second ]~ea~tJl~g, Public Hearing and Final Adoption for 3/5/97 (CommuniI7 Development Transmittal 2/6/97, Map, O-97-4~2) AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING iTHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NOR'ITI LINE OF LOT 2 I, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO TIlE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-42 by title. 13 Regular City Council Meeting February 12, 1997 Page Fourteen 97.070 D. The Community Development Director noted that on January 15, 1997 the City Council had approved an agreement with Cornerstone Homes and that this vacation is required by the agreement. He explained the exchange of properties pursuant to the agreement. MOTION by Barnes/Taracka ' I move to approve the first reading of Ordinance 0-97-42 and schedule the second reading, public hearing and final adoption for March 5, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5~0 First I~eading Of Ordinance NO. 0-97-4:3 - Vacating Adams Street t~ight-of-Way - Schedule Second Reading, Public Heating and Final Adoption for 3/5/97 (Community Development Transmittal 2/6/97. 0-97-43) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. VACATING ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF.T.,U.S. HIGHWAY 1; PROVIDING FOR N~glL~. RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB1LITY; AND PROVID~~ FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-43 by title. The Community Development Director explained the needed vacation and recommended approval. MOTION by Taracka/Barnes I move to approve the first reading of Ordinance 0-97-43 and schedule the public hearing, second reading and final adoption for March 5, 1997. 14 Regular City Council Meeting February 12, 1997 Page Fifteen 97.071/ 96.110 ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka - aye - aye - aye - aye MOTION CARRIED 5-0 Eo Cavcorl~ Property Parking Improvements - Conceptual Site Plan l~Conlmunity Development Director Transmittal 2/6/97, (:DD Memo 2/6/97, Alternat~ Site Plans) The Director of Community Development gave a brief history on Riverview Park north, displaying a 1993 conceptual plan considered by City Council which apparently went no further until the Community Development Block grant was obtained in 1995. He reported on the October 1996 meeting at which the public was invited to come up with ideas for the design, said CRA Engineers came up with a series of drawings based on the public's input, which he displayed for the benefit of Council and the public. He finally presented staff recommendation (see attached) and said Fellsmere Road will not be closed due to the twin pairs project. Chuck Neuberger, 357 Melrose Lane, Sebastian, suggested leasing the property out. City Council allowed Ruth Sullivan to speak on the subject. Ruth Sullivan, 1215 Indian River Drive, Sebastian, member of CATF and President of the Indian River Drive Property Owners Association, distributed photos exhibiting the entire area used for parking during a craft show. She protested a Code Enforcement officer coming to her home to advise her that she could not distribute flyers about this issue. TAPE II - SiDE I (7:39 p.m.) 15 Regular City Council Meeting February 12, 1997 Page Sixteen Mrs. Sullivan continued her presentation recommending that the overflow area not be closed offto boat trailer parking. Mayor Cartwright recommended the access on the east end on to Coolidge only and some type of vegetation barrier between the parking area and the overflow area to protect children from running into the parking lot. Mr. Taracka recommended a temporary gate on two east end gates and Mayor Cartwright agreed. Mr. Barnes said this entire lot was never intended to be a parking lot, asked why boats should be parked on the east end so no one else can use that area; said Sebastian can not resolve access to the river by itself; and said there have to be comprises and the best place for parking boats is on the west side. He agreed with the recommended design with a picnic area on the east side. Mrs. Damp said she liked Mr. Silva's idea on charging for use of the ramp. The Director of Community Development said this will be discussed at the next Riverfront meeting. Mr. Halloran said the lot was not purchased as a parking lot and the recommended plan was a good compromise. Dennis Green, 143 Filbert Street, Sebastian, said it was a long walk from the west end to the boat ramp. The City Attorney said discrimination on use of public property must have a reasonable basis and case law shows that you can't differentiate between a City resident and someone outside the City when charging fees. The Director of Community Development said the hedge can be limited to three feet in accordance with the Land Development Code. The City Manager said he needs to come back with a recommendation on removal of the temporary barriers for the overflow area. The Director of Community Development said a management plan needs to be developed. 16 Regular City Council Meeting February 12, 1997 Page Seventeen Michael Galloway, 825 George Street, Sebastian, suggested a season ticket for parking. Larry Paul, 1701 Sunset Lane, Sebastian, said this plan was a good compromise for all residents. The Director of Community Development recommended approval of the conceptual site plan as amended for final engineering by CRA Engineers, to come back at bid time to assure that staff has done what was directed. MOTION by Halloran/Cartwright I move to adopt the conceptual site plan for parking improvements on the Cavcorp property as we have amended it this evening. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Cartwright called recess at 8:17 p.m. and reconvened the meeting at 8:35 p.m. All members were present. 14. INTRODU(2TJON OF NEW BUSINESS FROM THE PUBLL(2 Which is not otherwise on the agenda - fimit often minutes for each speaker Michael Galloway, 825 George Street, Sebastian, discussed the problem with speeders on George Street since the opening o£Wave Street. The City Manager concurred that there is a safety issue with the existing curve. Robert Farmer, 826 George Street, Sebastian, reiterated Mr. Galloway's concerns. TAPE II - SIDE ii (8:42 p.m.) 17 Regular City Council Meeting February 12, 1997 Page Eighteen 15. CITY Bob Ashcrofi, George Street, Sebastian, agreed with the safety problem on George Street. The City Manager responded that he intended to utilize the new City Engineer to properly mark the signs to one-way Wave Street. Chief of Police Randy White addressed City Council assuring that more attention would be given to this problem by its new traffic enforcement officer. Herb Sturm, 549 Saunders Street, Sebastian, congratulated the City Manager on his one year anniversary with the City; and cited 112.532 FS regarding proper police investigations. Kelly Mather, 733 North Fischer Circle, Sebastian, referred to the Boaters Alerts distributed by Ruth Sullivan and disputed its accuracy regarding Planning and Zoning action. COUNCIL MATTERS Mi, Raynlond Halloran None. Mr. Richard Taracka Mr. Taracka read from a letter offering a donation from a fishing club for the Main Street ramp. M~or Louis~ C~rt~right Mayor Cartwright asked the City Manager to commend the st~fffor the renovation of the outside restrooms; said she had received complaints about the realignment of Laconia Street and asked the City Manager to look into it; requested an update on the tennis courts, to which the City Manager responded he should be able to come back to Council by the 26th for bid award and a request for additional money; expressed concern that Ruth Sullivan used her title as Citizens Advisory Task Force chairperson on a handout that may contain inaccuracies and suggested that Council look at this at the meeting of the 26th or the City Attorney could send her a letter. The City Attorney said there are procedures for removal of board members in Florida statutes. 18 Regular City Council Meeting February 12, 1997 Page Nineteen The City Attorney said there are prohibitions against using an official title to further personal gain. Mr. Barnes concurred with a letter from the City Attorney advising her against use of her title. Mrs. Damp said she was very upset with the handouts. Council concurred that Ms. Settles send a letter. D. Vice Mayor Walter Bar0es None. E. Mrs. Norma Damp Mrs. Damp spoke on behalf of Bruno Cristofori, who is willing to donate fight-of-way on the south side of Palmetto. Mr. Barnes said several weeks ago that Sal Neglia was denied the fight to speak and cautioned that people not be discriminated against during public input. Mayor Cartwright said that there is no waiver for people to speak under "Introduction of New Business from the Public" only "Public Input on Agenda Items". 16. Being no further business, Mayor Cartwright adjourned the meeting at 9:15 p.m. ,1997, Regular City Council Meeting. ise R. Cartwright Mayor 19 PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET FEBRUARY 12, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT OF 10 MINUTES PER SPEAKER Address: Agenda Item No. and Title: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: PUBLIC HEARING SIGN-UP SHEET FEBRUARY 12, 1997 REGULAR MEETING 97.061 A. 97.013 B. 97.014 C. 97.015 D. 97.016 E. 97.017 F. 97.019 G. 97.020 H. 97.O23 I. 97.025 J. Ordinance No. 0-97-03 - Unlawful to Repair Vehicles in Residential District Unless Registered to Property Owner Ordinance No. 0-97-04 - Substituting Conununity Development Director for City Clerk and Building Official Ordinance No. 0-97-05 - Special Use Permit Application Procedures Ordinance No. 0-97-06 ~ Excavation and Mining Regulations ~ Ordinance No. 0-97-07 - Rule for Location of Accessory Buildings . Ordinance No. 0-97-08 - Walls and Fences in Commercial and Industrial Areas Ordinance No. O-9%10 - Moving of Structures - Substituting Titles and Land Development Code for Zoning Code Ordinance No. O-97-11 - Excavation and Mining Procedures Ordinance No. O-97-14 - Structural Alterations to Nonconformities and Noncompliances Ordinance No. O-97-16 - COR District Utility Storage Area Requirement for Carport or Similar Unenclosed Vehicle Storage Structure Name Address Agenda Number: Ordinance Number: Name Address' Agenda Number: Ordinance Number: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET FEBRUARY 12, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER ct: Name: Address: Subject: Name.: Address: Subject: Subject: Name: / //Address: Subject: