HomeMy WebLinkAbout02251998 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, FEBRUARY 25, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the
item by the City Council - limit often minutes per speaker (R-97-21)
2.
3.
4.
5.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Police Chaplain Frank Camillo
~OLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
PROCLAMATIONS. ANNOUNCEMENTS AND/OR pRESENTATIONS
CYI~Y ATTORNEY MATTERS
CITY MANAGER MATTERS
98.044
98.001
98.004
98.045/
97.077
98.025
98.046/
97.160
98.003
98.047
98.O48
e
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 2/4/98 Workshop, 2/11/98 Regular Meeting
Resolution No. R-98-09 - Support Funding for Regional Planning Councils (City Manager
Transmittal 2/19/98, R-98-09, TCRPC Memo 1/23/98)
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
SUPPORTING PERMANtRqT AND CONSISTENI FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Resolution No. R-98-10 - Falcon Cable Franchise Extension to 5/7/98 (City Manager Transmittal
2/19/98, R-98-10)
A RESOLUTION OF THE cYrY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, GRANTINO AN EXTENSION
OF AN EXISTINO NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMIJM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDIiIONAL RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND
PROVIDINO FOR AN EFFECTIVE DATE.
Authorize City Manager and Police Department to Continue Participation in State of Florida EMS
Matching Grant Which Would Pay 75% of Cost of Automated External Defibrillators or $13,312.50
- Request Approval for 25% City Matching Funds in the Amount of $4,437.50 (Chief White
Transmittal 2/18/98, Grant Application and Appeal Letter)
Approve One Year Contract Extension/Renewal Entitled Agreement for Providing Sod - B & T Sod
(City Manager/Asst. to City Manager/Purchasing Transmittal 2/5/98)
Approve C.R. McLellan Change Orders 21 through 30 in the Amount of $121,936.95 - Culvert
Replacement Contract - 2nd Quarter FY 98 (Public Works Director Transmittal 2/18/98)
Approve Maxwell Contracting Change Order # 1 on Purchase Order 1861 in the Amount of
$8,379.84 and Craven Thompson Change Order #2 on Purchase Order 1520 to Craven Thompson in
the Amount of $3,000, Dempsey/Vocelle Drainage Improvement Project (Public Works Director
Transmittal 2/18/98)
Approve Wood 'N' Nichols Change Order in the Amount of $7,656.80 for Barber Street Sports
Complex Retention Pond Fencing Bid (Public Works Director Transmittal 2/9/98)
Damon Laziman Wedding Reception - Approve AfB Use in Conjunction with Use of Community
Center on March 14, 1998 - 2 pm to 6 pm - Age Verified (City Clerk Transmittal 2/17/98,
Application)
Patricia Jones Wedding Reception - Approve AfB Use in Conjunction with Use of Community
Center on April 18, 1998 - 6 pm to Midnight - Age Verified (City Clerk Transmittal 2/11/98,
Application)
2
98.041
98.019
98.O09
98.049
10.
11.
12.
PUBLIC HEARING
Procedures for public hearings: (R-97-20
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
· Public Input - Limit oflO Minutes Per Speaker
· StaffSummat~on
· 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
Ordinance No. 0-98-04 was advertised for public hearing at this meeting, however, in
accordance with recommendation of the City Attorney and due to substantial revision to the
ordinance, another first reading will be required The ordinance is listed under New B_usi~ess.
Advertised Secotld Reading. Public H~aring. and Final Adoption of Qrdinan~:e No. 0-98-04 - Shared
AN ORDINANCE OF THE CiTY OF SEBASTiAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING sECTION 20A-
8.3 OF THE LAND DEVELOPMENT CODE R.ELATING TO SHARED PARKING BY ADDING CONDITIONS;
PROVIDING FOR CODWICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. I st Reading 2/11/98, Revised, Advertised Legal 2/14/98)
First Reading and First Public Hearirlg of Ordinance No. O-98-06 - Riverfront Performance Overlay
District - Schedule Second Reading, Second Public Hearing and Final Adoptiola for 3/11/98
LDir~ctor of Cornraunily Developme0t Transmittal 2/;5/98, 0-98-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATING DMSION VI, PERFORMANCE OVERLAY DISTRICTS, CREATING THE
RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR
ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING
RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE,
ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN
REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Advertised Display 2/18/98
INTRODUCTION OF NEW BUSINESS FRQM THE I~UBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
~OMMITTEE REPORTSfRECO MMJgND&TI ON~
Ao
Code Enforcement Board
(City Clerk Transmittal 2/17/98, Fiescher Application, Board List)
Interview and Appoint to Three Year Regular Member Position - Term to Expire 3/2001
2. Direct City Clerk to Readvertise for Alternate Position
Handicapped Self-Evaluation Committee
(City Clerk Transmittal 2/17/98, Browning Application, Board List)
Interview and Appoint to Unexpired Regular Member Position - Term to Expire 6/99
Direct City Clerk to Advertise for Alternate Position
3
13. OLD BUSINESS .
98.050/ A.
97.235
Status Report on Parking Restrictions Along West Side of Indian River Drive (City Manager
Transmittal 2/20/98, R-97-68, R-97-66 and R-97-69)
14. NEW BUSINESS
98.006 A.
First Reading of Revised Ordir~ance No. 0-98-07 Mulching Machines - Schedule Second Reading
and Public Hearilag for 3/11/98 (Director of Commurlity Dcvelopme~ Transmittal 2/L9/98. Revised
0-98-073
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE REGULATION OF COMMERCIAL MULCHING
MACHINES AS A SPECIAL USE PERMIT; PROVIDIN(} FOR DEFINITIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILiTY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDINO FOR AN
EFFECTIVE DATE.
98.041 B.
First Reading of Revised Ordinance No. O-98-04 Shared_Parkj_ng - Schedule Second Reading, Public
Hearing for 3/11/98 (Director of CommuniW Development Transmittal 2/19/98, 0-98-04)
78.051 C.
AN ORDINANCE OF THE CiTY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDIN(~ SECTION 20A-
8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/11/98, Revised, Advertised Legal 2/14/98, Notice
of Cancellation of Heating 2/24/98, I st Reading 2/25/98)
Approve Cooperative Agreement for Sembler's Riverwalk Marina and Authorize City Manager to
Execute (Director of Community Development Transmittal 2/I 9/98, Agreement)
15. CITY COUNCIL MATTERS
Mayor Walter Barnes
B. Vice Mayor Richard Taracka
C. Mrs. Louise Cartwright
D. Mr. Larry Paul
E. Mrs. Ruth Sullivan
16.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City CounciO
ANY PERSON WHO DEC1DES; 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. (286.0105 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.
Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meethlg~:
Special Meeting (CLUP Transmittal Hearing)'- Wednesday, March 4, 1998 ~ 7pm
Regular Meeting - Wednesday, March II, 1998 ~ 7pm
Special Meeting (Election Matters) - Monday, March 16, 1998 ~ 7pm
Regular Meeting - Wednesday, March 25, 1998 ~ 7pm
98.019
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 25, 1998 REGULAR MEETING
First Re~ling and First Public Hearing of Ordinance No. 0-98_-06 - Riverfront Performance Overlay
District - Schedule Second Rea~ling. Secgnd Public Hearing and Fin{il A4option for 3/11/98(DireCtor of
Communi~De~elopment Transmittal 2/5/98.0-98-06)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATING DIVISION VI, PERFORMANCE OVERLAY DISTRICTS, CREATING THE
RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR
ADMINISTRATION, PERM1TS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING
RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE,
ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SION
REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDINO FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Advertised Display 2/18/98
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INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
FEBRUARY 25, 1998 REGULAR MEETING
USE THIS FOR3d ONLY FOR iNTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA -LIMIT OF 10 347N~ES PER SPEAKER
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, FEBRUARY 25, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camillo.
ROLL CALL
CiB, Council Pre~¢0t:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Shaft present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development, Bob Massarelli
Public Works Director, Pat Breunan
City Engineer, Martha Campbell
Chief of Police, Randy White
Deputy City Clerk, Sally Maio
~Regular City Council Meeting
~ebruary 25, 1998
~n~Page Two
AGENDA MODIFICATIOIS~ (ADDITIONS AND/OR DELETIONS,)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
The City Manager requested addition of two items relative to requested fundraisers for the Sebastian Soccer
Association and the Krocgel home restoration (see attached).
MOTION by Cartwright/Paul
I move to add item 14 D under New Business, the Capo request, and item 14 E, the Soccer request.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwdght - aye
Mr. paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
PROCLAMATIONS. ANNOUNC]~MENTS AND/OR PRESENTATION~
Nolle.
CITY ATTORNEY MATTERS
The City Attorney requested that Council obtain thc services of Attorney Ila Feld regarding the
telecommunications matter for approximately twenty hours at $200 per hour. It was the consensus of
Council to have this brought back by staff with further information.
CITY MANAGER MATTERS
The City Manager said that in light of problems with negotiations for land for the stormwater park, he would
be meeting soon with staff to address drainage and come back with other options.
CON~;ENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 2/4/98 Workshop, 2/11/98 Regular Meeting
2
Regular City Council Meeting
ebruary 25, 1998
age Three
98.044 B.
98.001 C,
98.004 D.
97.077
98.025
98.046/ G.
97.160
98.003 H.
98.047 I.
98.048 J.
Resolution No. R-98-09 - Support Funding for Regional Planning Councils (City Manager
Transmittal 2/19/98, R-98-09, TCRPC Memo 1/23/98)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
SUPPORTING PERMANENT AND CONSISTEIqT FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Resolution No. R-98-10 - Falcon Cable Franchise Extension to 5/7/98 (City Manager Transmittal
2/19/98, R-98-10)
A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS
LrlqLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY
cOLrlqCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENIJE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Authorize City Manager and Police Department to Continue Participation in State of Florida EMS
Matching Grant Which Would Pay 75% of Cost of Automated External Defibrillators or $13,312.50
- Request Approval for 25% City Matching Funds in the Amount of $4,437.50 (Chief White
Transmittal 2/18/98, Grant Application and Appeal Letter)
Approve One Year Contract Extension/Renewal Entitled Agreement for Providing Sod - B & T Sod
(City Manager/Asst. to City Manager/Purchasing Transmittal 2/5/98)
Approve C.R. McLellan Change Orders 21 through 30 in the Amount of $121,936.95 - Culvert
Replacement Contract - 2nd Quarter FY 98 (Public Works Director Transmittal 2/18/98)
Approve Maxwell Contracting Change Order # 1 on Purchase Order 1861 in the Amount of
$8,379.84 and Craven Thompson Change Order #2 on Purchase Order 1520 to Craven Thompson in
the Amount of $3,000 - Dempsey/Vocelle Drainage Improvement Project (Public Works Director
Transmittal 2/18/98)
Approve Wood 'N' Nichols Change Order in the Amount of $7,656.80 for Barber Street Sports
Complex Retention Pond Fencing Bid (Public Works Director Transmittal 2/9/98)
Damon Laziman Wedding Reception - Approve A/B Use in Conjunction with Use of Community
Center on March 14, 1998 - 2 pm to 6 pm - Age Verified (City Clerk Transmittal 2/17/98,
Application)
Patricia Jones Wedding Reception - Approve AfB Use in Conjunction with Use of Community
Center on April 18, 1998 - 6 pm to Midnight - Age Verified (City Clerk Transmittal 2/11/98,
Application)
3
~...Regular City Council Meeting
i~?bruary 25, 1998
Page Four
The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos.
R-98-09 and R-98-10.
Mr. Paul removed items D, E and H; Mrs. Cartwright removed item C and H.
MOTION by Taracka/Sullivan
I move to approve items A, B, F, G, I and J of the consent agenda.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
98.001
C. Resolution No. R-98-10 - Falcon Cable Franchis~ Extension to 5/7/98
Mrs. Cartwright recommended that preliminary franchise negotiations begin and be contingent upon
the ordinance adoption.
MOTION by Cartwright/Taracka
I move to approve item C of the consent agenda.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
98.004
Authorize City Manager and Pohc? Department to Continue Participation in Stat? of Florida EMS
Matching Grant
Mr. Paul commended the Police Department for pursuing this program. The City Attorney said any
risk is sufficiently covered by the City's insurance. The Chief of Police said the City is covered by
the Good Samaritan Law and procedures will be put in place.
Mrs. Sullivan thanked the Chief of Police for his efforts in obtaining the grant. The City Manager
said the City's match will come from undesignated funds and donations if found. Mrs. Cartwright
recommended the appropriation of $4,437.50 be included in the motion.
_Regular City Council Meeting
ebruaty 25, 1998
Page Five
98.o45/ E.
97.077
98.003 H.
MOTION by Paul/Sullivan
I move that we authorize consent agenda D with the amended recommendation of the
$4,437.50 from non-departmental funds.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Approve One Year Contract Extension/Renewal Entitled Agreement for Providing Sod - B 8~ T Sod
Mr. Paul said it appears that R & R Turf Farms is less expensive per cost overall. The Public Works
Director said R & R prices are delivered only and not installed with the exception of one type.
MOTION by PauLrraracka
I recommend passage of consent agenda item E.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Approve Wood 'N' Nichols Change Orcler in the Amoral[ of $7,656.80 fol- Barber Street Sports
Complex i~t¢l~tion Pond F~cing Bid
The Public Works Director said the linear foot measurement was estimated from the drawings prior
to the change in the plan.
MOTION by Paul/Taracka
I move to approve consent item H.
ROLL CALL: Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
5
o?gular City Council Meeting
ebruary 25, 1998
Page Six
98.041
98.019
10.
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input ~ Limit ofl 0 Minutes Per Speaker
· StaffSummation
· 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
Ordinance No. 0-98-04 was advertised for public hearing at this meeting, however, in
accordance with recommendation of the City Attorney and due to substantial revision to the
ordinance, another first reading will be required The ordinance is listed uttdcr New Business.
Advertised Se~90(t Reading, Public Hearing ancl Filaal Adoption of Ordinance No. 0-98-04 - Shared
Parkin~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. i st Reading 2/11/98, Revised, Advertised Legal 2/14/98)
Fir~[ Reading and First Publj~ Heating of Ordinance No. O-915-06 - Riveffront Perform~cc Overlay
District - ScheOul~ Second Reading, Seconlt Public Heating and Final Ado~lion for 3/11/98
(Director of Community Develognl~[ll Transmittal 2/5/98, O-98-0~
AN ORDINANCE OF THE' CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATING DMSION VI, PERFORMANCE OVERLAY DISTRICTS, CREATING THE
RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR
ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING
RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE,
ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN
REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (Advertised Display 2/18/98)
Mayor Barnes opened the public hearing at 7:28 p.m.
The City Attorney read Ordinance No. 0-98-06 by title.
The Director of Community Development gave a brief presentation, noting that requested changes
had been incorporated. The City Manager distributed a three page addendum with technical changes
to legal descriptions to the urban districts (see attached). He advised that this is the fa'st of two
public hearings.
Rebeg~lar City Council Meeting
mary 25, 1998
Page Seven
Tom Collins, business owner and member of Riverfront Committee, suggested several changes to the
ordinance.
TAPE I - SIDE II (7:45 p.m.)
Mr. Collins continued.
Willard Seibert, Indian River Drive, Sebastian, agreed with Mr. Collins' concerns, and said he
believed the ordinaneee was a little too restrictive. He suggested looking into alternative location of
power lines.
David Fahrnie, property owner on Indian River Drive, suggested City Council take more time for
people to review Mr. Collins' suggested changes.
Virginian Scherrer, Sebastian, said she did not have a copy of the current proposed ordinance.
Damian Gilliams, asked if zoning was being discussed tonight. The City Manager said he had
advised him to sign up under Introduction of New Business from the Public.
The Director of Community Development said most of Mr. Collins' recommendations are technical
in nature, reviewed them and recommended approval of certain of them.
Consensus was given on the following:
Page 3 - Paragraph B. - include "and south to the south City limits" to the boundaries.
Page 4 - Paragraph 3. - last sentence - change twelve to ten
Page 5 - Paragraph 11 - leave as is
Page 8 - Paragraph D - leave as is
Page 9 - Paragraph e. - change detailed to conceptual
Page 12 - Paragraph 2 - add "except vertical board and batten" after second to last sentence
Page 14 - Paragraph 5 - add language allowing dormer windows or other architectural features that
break up the roof
Page 17 - Paragraph 2 - Line 23 - change sentence to "All other walls or fences covered by this
section shall be a minimum of six feet in height."
Page 18 - Paragraph 3 - leave as is
Page 18 - Paragraph 7 - change to have colors be consistent with paragraphs 1, 2, 3 8:4
Page 19 - Paragraph 4 - change to "Wood board or batten board of a board width from 8" to 18""
Page 34 - Discussion on changing paragraphs b(1) and b(8) through (10)
Regular City Council Meeting
ebmary 25, 1998
age Eight
TAPE II - SIDE I (8:35 p.m.)
11.
Mayor Barnes called recess at 8:36 p.m. and reconvened the meeting at 8:48 p.m. All members were
present.
The Director of Community Development presented an overhead display of properties along the
Riverfront exhibiting impacts of proposed setbacks.
Page 34 - Paragraph b(1) change to fifteen feet
Page 34 - Paragraph b(3) change to five feet
Page 34 - Paragraphs b(8) through (10) - leave as is
Page 28 - leave measurement of buildings from crown of lowest adjacent road
Mayor Barnes closed the public hearing at 9:05 p.m.
MOTION by Cartwright/Taracka
I move to accept the fa'st reading and first public hearing of Ordinance 0-98-06 and
schedule the second hearing and final adoption for March 11, 1998 as amended.
ROLLCALL:
Mr. Taracka - aye
Mrs. Cartwdght - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Bob Ashcroft, 785 George Street, Sebastian, read a prepared statement relative to Wave Street and the
problems with George Street.
Fred Mensing, 7580 129th Street, Sebastian, discussed problems with trucks using dirt roads adjacent to the
new twin pairs.
Damian Gilliams, property owner on Jackson Street, said his property was proposed to be downgraded from
general commercial to commercial waterfront residential and requested it be left as general commercial.
8
egular City Council Meeting
ebruary 25, 1998
Page Nine
12. COMMITTEE REPORTS~F, COMMENDATIObl~i
98.O09 A.
98.049 B.
Code Enforg~ment Board
(City Clerk Transmittal 2/17/98, Flescher Application, Board List)
Interview and Appoint to Three Year Regular Member Position - Term to Expire 3/2001
Direct City Clerk to Readvertise for Alternate Position
Mr. Flcscherwasnot present.
MOTION by Taracka/Sullivan
I move to reappoint Joseph Flescher to the regular member position on the Code
Enforcement Board with term to expire in March 2001.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Handicagp~d Self-Evaluation Committee
(City Clerk Transmittal 2/17/98, Browning Application, Board List)
Interview and Appoint to Unexpired Regular Member Position - Term to Expire 6/99
Direct City Clerk to Advertise for Alternate Position
Mr. Browning was not present.
MOTION by Paul/Taracka
I so move to adopt Robert Browning in the unexpired regular member position to 6/99.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Re, gular City Council Meeting
February 25, 1998
>age Ten
13. OLD BUSINESS
98.050/ A.
97.235
Sta~ Report on Parkfllg Restrictions Along W~[ Side of Indian River Drive (Ciw Manager
Transllljttal 2/20/98, R-97-68, R-97-66 and R-97-69)
TAPE II - SIDE II (9:32 p.m.)
The City Manager gave a brief explanation of his review of right-of-way line issues on the west side
of Indian River Drive, recommended continuing to allow the exception for Taste of Philly, said he
had received a request from GJ's Saloon for an exception, and suggested loading zones for Flood
Tide.
A rather lengthy discussion took place on Resolution R-97-68 as originally proposed to restrict
parking in a limited area, and as it was adopted to restrict parking in right-of-way on all of the west
side of indian River Drive excluding Taste of Philly.
It was the consensus of City Council that the other two pending resolutions setting time limits for the
Yacht Club and Riverview Park East parking can be withdrawn.
MOTION by Sullivan/Taracka
I would like to move that we direct the City Manager to prepare in resolution form, if that's
necessary, that will restrict that portion of the right of right-of-way line west of the western edge of
the pavement of Indian River Drive lying 600 feet north of Jefferson Street running north to Davis
Street and that was one of the original recommendations the City Manager made to solve the
problems.
ROLL CALL: Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwfight - nay
Mr. Paul - nay
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
14. NEW BUSINESS
98.006 A.
First Rcadi/tg of Revised Ordinance No. O-98-07 Mulching Macllines - Schedule Second Reading
and Ptlblic Hearing for 3/11/98 (Director of Community Development Transmittal 2/19/98, Revised
0-98-07)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNIY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE REOUI_~TION OF COMMERCIAL MULCHING
MACHINES AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDINO FOR AN
EFFECTIVE DATE.
The City Attorney read revised Ordinance No. O-98-07 by title.
10
[Regular City Council Meeting
ebruary 25, 1998
age Eleven
In accordance with recolmnendation of Mr. Patti, It was the consensus of Council to strike "around
the commercial mulching machine" in paragraph 5. Mr. Paul said this ordinance is not as restrictive
as the previous draft nor does it protect the public.
Discussion took place on issues such as lack of hours of operation, safety provisions, regulation of
stockpiling of material, and site plan requirement.
Fred Mensing, 7580 129th Street, Sebastian, objected to the ordinance.
TAPE III - SIDE I (10:18 p.m.)
MOTION by SullivanFraracka
I move to hold the first reading of Ordinance 0-98-07 as amended and schedule a second
reading and public hearing for March 11, 1998 as amended.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Canwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
98.041
Firs[ Reading of Revi~5¢d Ordinance No. O-~98-04 Shared Parkillg - Schedule Second Reading, Public
Hearillg for 3/11/98 (,Dil~;tor of Community D~y~lopment TransmiBol 2/19/98, 0-98-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLINTY, FLORIDA, AMENDING SECTION 20A-
8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKINO BY ADDING CONDITIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/11/98, Revised, Advertised Legal 2/14/98, Notice
of Cancellation of Hearing 2/24/98, 1st Reading 2/25/98)
The City Attorney read Ordinance No. 0-98-04 by title and corrected the ordinance as follows:
Page 2 - Line 33 - change "multiple" to "separate"
Page 3 - Line 34 - change "500" to "300"
Page 3 - Line 13 - change "owners" to "owner"
The City Manager distributed comments from Les Solin relative to the ordinance (see attached). The
City Attorney pointed out that his fa'st comment is based on an error and therefore moot.
11
pR~:bgular City Council Meeting
ruary 25, 1998
age Twelve
MOTION by Sullivanfraracka
I would move to extend the meeting to 11 pm.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 4-! (Paul - nay)
Discussion took place on Mr. Solin's comments as distributed tonight.
Mrs. Cartwright expressed concern that there is no provision for sole owners or lessors and
suggested on page 2 - paragraph 7 after ownership add "or where two or more uses are located on the
same parcel but are leased to tenants which are not affiliated with the owner of the parcel" The City
Attorney advised that on page 3, paragraph 3 after parcel add "or the tenants as provided herein."
Mr. Paul suggested that revisions be made and brought back for another first reading.
Tom Collins, business owner, said this ordinance does not address tree shared parking.
MOTION by Cartwfight/Paul
I move to defer the first reading of Ordinance O-98-04 to March 11, 1998.
ROLLCALL:
Mr. Taracka - nay
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - nay
Mr. Barnes - nay
MOTION FAILED 2-3 (Taracka, Sullivan, Barnes - nay)
Louise Kautenberg, expressed concern that the ordinance was being pushed through without
thorough research.
12
Regular City Council Meeting
ebruary 25, 1998
age Thirteen
98.051 C.
MOTION by Sullivan/Taracka
I would move the frrst reading of Ordinance 0-98-04 and set a second, as amended, and the
amendments would be on page circle 151 - 7 - line 33, we would take out multiple and add the words
separate ownership; and the other amendment would be on circle 152 - line 13 where it would say the
owners to add 'or the tenants as provided herein'; and set a second reading and public hearing for.."
At this time, she was reminded of two other amendments discussed.
Mrs. Sullivan added the change of 500 feet to 300 feet, and with clarification by the City Attorney,
and in accordance with the suggestion of Mayor Barnes to just say "as amended", Mrs. Sullivan
added the amendment recommended on page 2, paragraph 7 (see above). She then went on to add
"and set a second reading and public heating no earlier than 3/11/98".
Mr. Paul said he was disappointed with Council that it is not taking the advice of the committees and
consultants who are stating objections to it; and said the ordinance should be brought back revised
for another first reading.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
Approve Coo~e.rtl~;ive Agreement for Sembler's Riverwalk Marina.lind Authorize City Managerl9
Execute (Director Of Community Development Transmittal 2/19/98. ~Agreement)
The Director of Community Development gave a brief presentation. The City Attorney noted a
change in the date on page 5 from March to August.
MOTION by Cartwrighffraracka
I move to approve the Cooperative Agreement for Sembler's Riverwalk Marina and
authorize the City Manager to sign said agreement.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
13
,~Regular City Council Meeting
~t?bruary 25, 1998
Page Fourteen
98.052 E.
Fund Raiser - S~l~tian Soccer Association - 3/7/98 - Rl~Iil~sage Sale at Barber Street Sports
Complex Sguth - Obtain Temporary Use Permit - Wl~ivO Fees
MOTION by Sullivan/Taracka
For the Sebastian Soccer Association I would move approval to hold a rummage sale March
7, 1998 at the Northwest comer of Sebastian Panthers football field.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
98.053 E.
Flmd Raiser - Jane Capo - R~build Kroegel Home - Rivervie~t Pork - 3/29/98 - Electric - Obtain
Tempora, l:y Use Permit - Waive Fees
MOTION by Sullivan/Taracka
I would move the recommendation of the City Manager.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
MOTION CARRIED 5-0
15. CITY COUNCIL MATTERS
City Council matters were not addressed. Mayor Barnes requested they be placed at the beginmng of the
March 11, 1998 agenda.
16.
Approved at the~c~
Being no further business, Mayor Barnes adjourned the Regular Meeting at 11:00 p.m.
// ,1998, Regular City Council Meeting.
Walter W. Barnes
Mayor
Clerk
14
SUBJECT: Fund raiser at the parking
grassed parking area adjacent To Tulip
Drive for a rummage sale by the Sebastian
Soccer Association
AGENDA NO.
DEPARTMENT ORIGIN: City Manager
DATE SUBMITTED: 2-25-98
Approved for Submittal by:
MEETING DATE: 2-25-98
EXIqIRITS: none
Expenditure Required:
N/A
Amount Budgeted:
N/A
SUMMARY
Appropriation Required:
N/A
The Sebastian Soccer Association would like to hold a rummage sale on March 7, 1998 at the
northwest comer of the Sebastian panther's Football facility (grassed parking area). It wold be
similar to a yard sale
RECOMMENDATION
Move to authorize a rummage sale on the Sebastian Panthers parking area subject to a special
events permit application and approval with filing fee permit and bonds waived.
SUBJECT: Fund Raiser at River Park on
March 29, 1998, for Rodney Kroegel
AGENDA NO.
DEPARTMENT ORIGIN: City Manager
Approved for Submittal by:
DATE SUBMITTED: 2-25-98
MEETING DATE: 2-25-98
EXHIBITS: Letter from Jane Capo
Expenditure Required:
N/A
Amount Budgeted:
N/A
Appropriation Required:
N/A
SUMMARY
Attached is a letter from Ms. Jane Capo requesting the use of Riverview Park for the coordination
of a fund raiser to raise money for the replacement of the Rodney Kroegel home. She is proposing
a fish fry' with the help of numerous community organizations. Proceeds of ticket sales would go
towards the fire fund to help replace Mr. Kroegel's home. The use of electricity would also be
necessary.
RECOMMENDATION
Move to authorize the use of Riverview Park on March 29, 1998, for raising funds for the home
replacement for Rodney Kroegel home, authoring the use of electricity and waiving any cash
deposits. Further, that there be a special events permit application and approval with filing fee
permit and bonds waived.
301Jettie Terrace
Sebastian, FL 32958
561-388-3449
February 17, 1998
Mr. Tom Frame, City Manager
Sebastian City Hall
1225 Main Street
Sebastian, FL 32958
Dear Mr. Frame:
I am writin§ to request permission to use Riverview Park on Sunday,
March 29, 1998 to hold a benefit fish fry to raise money for
the Rodney Kroegel Emergency Fire Fund, an effort to restore
the home of Rodney Kroegel on Indian River Drive.
We will need electricity to run the cookers. We have two tents
available (approximately 15' x 20' each) which we may or may
not use. Tickets will be sold in advance through 'local merchants
and at the March 14 Pelical Island celebration. We hope for
a turn-out of 200 to 400 people, and the times will be 1:00 to
4:00 p.m.
When I say "we," I actually mean "me." I have spoken with the
Fire Department and they will provide the cookers. I have spoken
with other local §roups, including the Chamber of Commerce and
Sebastian River Junior Woman's Club, about the Fire Fund. I
hope to have firm commitments for all aspects of the benefit
fish fry by the end of February.
I spoke with Rep. Sembler's office and he offered encouragement
and support for this project. He recommended that I call Judah
& Son about the fish, and I have done so. As I said, I hope
to have all plans in place by March 1st, and your permission
to use the park will, I am sure, contribute to the success of
this effort.
My telephone number is 388-3449 and you are welcome to call me
if there are any questions.
Sincerely,
Jane Capo
Enc
P.S. For your reference, I am enclosing a copy of an article
that appeared in the Florida Today newspaper on February 2, 1998.
Historical
group plans
to help man ::.:',"
rebuild home
By Rotan archer-Gallop "~ '
FLOnmATODAY -.~:, :-~ '.".~
SEB,~ET[~ -- While authodtles con-
tinue to seer~ for suspects in ~e fire that
destroyed Rodney Kroegel's.. home, a local
organization is rallying to raise-money so
the structure can be rebui~.. · · ..:'.
· "I'm U'eatlng this as a bur~arfar~°n,,~.
county fire investigator Robert. Von
Buelow said Friday of the Dec. 30 fire that:
"A burglary did take pla~,-.and we've
determined that three speclflC:ttousehold
items are missing,".he said. "I can't say
with 100 percent certainty that...the fire was~
a direct remit ot that'burglary, but it's pm,b:.
ably sa~e to assume they are related."-.::__ :?;
Authorities still are sear,-~tng for a late-
model brown Dod~,e Dakota ~ a
Von ~oe~ow snld he didn't find nny
dentnl ~use for the btam, ~ldeh ~tm-ted itt:
th~ mnin hallwny and dastro~ed.:mimy of.
the lifelong mementus'eollec'ted_'.by,.:the:'
~-:ear-eld ~on of me n~..un~ n~st
wn.~len, PanlKroegel:' -:'- < ...... --~ :".:~
1920s.style home scated on the om'~ktrtS of;
bis family's bome~ead for 70 years, He wes
a flu patleut in the Sebe.stian River Mediczi ·
Center when the fire oc~. -, .,-~-.~.
Kroegei, who now lives With bis Son
Wayne, said Friday that he iS feeling mucl
better and wou~d like to see his'home~e
builL "They say it can be rebuilt, so I'd llk~
to see that," he eaJd. '..,;"~:~..::
It's also something Sene Capo would I1~. ~
tO seedoue. ... ' ' , ,;~:
The Sebastian resident, Who met Kroe
gel through the Council on Agings Meatl
on Wheels program, has organized an
effort in conjunction with the Indian Rivex
County Historical Society to sell' ~0 of the
society's $10 calendars with proceeds dedY
cared to restoring the home..:-~.(.-':?~.~ ~' :.'.'
W/hen I found out that ~ honie could
be repalred,.I ttiou~t, why ~6uldn~lt tier'
shesald.
Capo hopes to begin selllR'li 'th~' caf
endar~ to area merchants today after find-
ing a sponsor for the effort. The caleudar~
which commemorate Paul Kroegel and the
Pelican Island National. Wildlife Refuge,
also can be found at the Sebastian: River
They also are being iold by members
the p~can maud Pr .es3r!~..
Don Bercaw, president of the .com!_ty_his-
toricai society, said the 8ro~
printed 200 more calendars ~ Its'usual
250 and that the surplus was pegged .to pay
for other society projects such as erecting
the Paul Kroegel statue in March and res-
toration efforts of Macedonia Baptist
Church in GlfforcL ·
"However, ail of thatmoney ~ nOW go
to the house rermration,' he said. "As a his-
torical society, we are fully committed to
preserving and restoring a historic struc-
ture. We believe this is a worthy cause."
Kroegel agreed. "We sure need the
money. Right now, I've 8of .to:star: .horn
scratch, and everylittle bit helps.'. "
R~gular City Council Meeting
ebruary 25, 1998
age Thirteen
DRAFT
98.05! C.
MOTION by Sullivan/Taracka
I would move the first reading of Ordinance 0-98-04 and set a second, as amended, and the
amendments would be on page circle 151 - 7 - line 33, we would take out multiple and add the words
separate ownership; and the other amendment would be on circle 152 - line 13 where it would say the
owners to add 'or the tenants as provided herein'; and set a second reading and public heating for.."
At this time, Mrs. Cartwright reminded her of two other amendments discussed.
Mrs. Sullivan added the change of 500 feet to 300 feet, and with clarification by the City Attorney,
and in accordance with the suggestion of Mayor Barnes to just say "as amended", Mrs. Sullivan
added the amendment recommended by Mrs. Cartwright on page 2, paragraph 7 (see above). She
then went on to add "and set a second reading and public heating no earlier than 3/11/98".
Mr. Paul said he was disappointed with Council that it is not taking the advice of the committees and
consultants who are stating objections to it; and said the ordinance should be brought back revised
for another first reading.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwfight - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
Approve Cooperative_Agreement for Sembler's Riverwalk.Marina and Authorize City Manager to
Execute (DirectOl of Commarlity Development Transmittal 2/19/98, Agreemen~
The Director of Community Development gave a brief presentation. The City Attorney noted a
change in the date on page 5 fi.om March to August.
MOTION by Cartwright/Taracka
I move to approve the Cooperative Agreement for Sembler's Riverwalk Marina and
authorize the City Manager to sign said agreement.
ROLL CALL:
Mrs. Cartwfight - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
13
02/25/98 DRAFT
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2
3
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5
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9
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13
14
15
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21
22
23
24
25
~6
27
2g
29
3O
31
32
33
34
35
36
37
3g
39
4O
Type I
Type II
Location description:
The following is the description of the location of the six Urban Types:
Beginning at the intersection of the east fight-of-way line of the Florida
East Coast Raikoad and the north city limits, proceed east along the north
city limits to the east fight-of-way line of US 1, thence proceed north along
said right-of-way line which is the city limits north to the end of the city
limits, thence proceed south along the city limits to the west fight-of-way
line of North central Avenue, thence south along said fight-of-way to the
south property line of the City Cemetery, thence west along said property
line to east lot line of parcel 30-30-38-00001-0060-00000.2, thence south
along the east lot line of said tot: 5, Block 6, Ocean Breeze Heights
Subdivision, thence south-dong said property line to north right-of-way of
Jackson Street, thence west along said fight-of-way to the east property
line of lot 5, block 5, Ocean Breeze Heights Subdivision, thence south
along the east property line of lots 5 and 10 , Block 5, Ocean Breeze
Heights Subdivision to the north right-of-way line of Madison Street,
thence east along said fight-of-way to the east property line of lot 2, block
4, Ocean Breeze Heights Subdivision, thence south along the east property
line of lots 2 and 13, Block 4, Ocean Breeze Heights Subdivision to the
north right-of-way of Davis Street, thence east along said right of way,. to
the east lot line of parcel 21-30-38-00001-9999-00021.0, thence south
along said parcel line to the south property line of parcel 21-30-38-00001-
9999700020.1, thence east along said lot line to the west right-of-way of
North Central Avenue, thence south along the west east fight-of-way line
of North Central Avenue to Fleming Grant Line, thence west along
Fleming Grant Line to the east right-of-way line of the Florida East Coast
Railroad, thence north along said right-of-way line to the point of
beginning.
Beginning at the intersection of the west right-of-way line of North
C_eentral Avenue and the north city limits proceed easterly along the north
city limits to the west right-of-way of Indian River Drive, thence south
along said fight-of-way to the north right-of-way line of Davis Street,
thence westerly along said right-of-way line to the east right-of-way line of
North Central Avenue, thence south along said right-of-way line to the
south lot line of parcel #2130380001999900011.0, thence east along said
lot line to the west lot line of parcel 21303800001999900015.0, thence
· , 02/25/98 DRAFT
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9
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II
12
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21
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31
32
33
34
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38
39
4O
Type III
south along the west lot line of parcel 21303800001999900015.0 to the
north lot line of lot 11. Block 1, Indian River Hills Subdivisions_thence west
along said lot line to the east lot line of lot 1, Block l r Indi_an River Hills
Subdivision. thence south along the east lot line of-a~lots 1, 2, 3, 4, and
the north half of lot 5, Block 1, Indian River Hills Subdivision to t.he line
diving lot 5 in half, thence west along said lot line to the ca.~t right of way
of North Central Avenue to the-west fight-of-way of North Central
Avenue, thence north along said right-of-way line to the south lot line of
parcel 21-30-38-00001-9999-00020.1, thence west along said lot line to
east lot line of parcel 21-30-38-00001-9999-00021.0, thence north along
said lot line to the north right of-way of Davis Street, thence west to the
east lot line of lot 13, Block 4, Ocean Breeze Heights Subdivision, thence
north along the east property lines of lots 13 and 2, Block 4, Ocean Breeze
Heights Subdivision to north right-of-way line of Madison Street, thence
west to the east property line of lot 10, Block 5, Ocean Breeze Heights
Subdivision, thence north along the east property line of lots 10 and 5,
Block 5, Ocean Breeze Heights Subdivision to the north right-of-way of
Jackson Street, thence east along said fight-of way to east lot line of parcel
30-30-38-00001-0060-00000.2 lot-5, Block 6, Ocean Breeze Heights
Subdivision, thence north along said lot line to the south lot line of the
City Cemetery, thence east along said lot line to North Central Avenue,
thence north to the point of beginning.
Beginning at the intersection of the west right-of-way line of Indian River
Drive and the north right-of-way line of Davis Street proceed south along
the west fight-of-way of Indian River Drive to south township line of
township 30s, thence west along said township line to the east fight-of-way
line of North Central Avenue, thence north along said right-of-way line to
south lot line of the north half of lot 5, Block l, Indian River Hills
Subdivision, thence east along said lot line to the west lot line of lot 5,
Block 1, Indian River I-r_fils Subdivision, thence north along the west lot line
of lots 1, 2, 3, 4, and lot 5, Block 1, Indian River Hills Subdivision to the
north lot line of lot 11, Block 1. Indian River Hills Subdivision. thence east
along said lot line to west lot line of parcel 21-30-38-00001-9999-00015.04
thence north along said lot line to the south lot line of parcel
210303800001999900011.0, thence west along said lot line to the east
fight-of-way of North Central Avenue, thence north along said right-of-
way line to the north right-of-way line of Davis Street, thence east along
said right-of-way line to the point of beginning.
2
02/25/98 DRAFT
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35
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Type IV
Type V
Type VI
Beginning at the imersection of the south township line of township 30s
and the west right-of-way line of Indian River Avenue, proceed south
along the west fight-of-way line of Indian River Drive to the south lot line
of lots 3 and 4 of the first addition to the City of Sebastian, thence west
along said lot line to the west right-of-way line of US 1, thence south along
said right-of-way line to the south property line eof lot 16 of Vickers Bros.
Subdivision, thence west along said lot line to the west lot line of lot 16,
thence north along the west lot line of lots 14, 15,-1- and 16 of Vickers
Bros. Subdivision to the south lot line of the parcel located between lots
11, 12, and 13 of Vickers Bros. Subdivision and the Florida East Coast
Railroad, thence along said lot line to the east right-of-way line of the
Florida East Coast Raikoad, thence north along said right-of way to the
Fleming Grant line, thence east along Fleming Grant Line to the south
township line of township 30% thence east along said township line to the
poim of beginning.
Beginning at the intersection of the south lot line of lot 4 of the first
addition to the City of Sebastian and the west right-of-way line of Indian
River Drive, thence south along the west right-of-way line of Indian River
Drive to the south city limits, thence west along said city limits to the east
right-of-way line of the Florida East Coast Railroad, thence north along
said right-of-way line to the south property line of a parcel located between
lots 11, 12, and 13 of Vickers Bros. Subdivision and the Florida East Coast
l~ailroad, thence east along said lot line to the west lot line of lot 14 of
Vickers Bros. Subdivision, thence south along the west lot line of lots 14,
15, and 16 of Vickers Bros. Subdivision to the south lot line 'of lot 16 of
Vickers Bros. Subdivision, thence east along said lot line to the west right-
of-way of US, thence north along said right-of-way to the south lot line of
lot 3 of the first addition to the City of Sebastian, thence east along the
south lot line of lots 3 and 4 of the first addition to the City of Sebastian to
the point of beginning.
Beginning at the intersection of the west right-of-way line of Indian River
Drive and the north city limits proceed easterly along the north city limits
to the east city limits, thence southerly along the easterly city limits to the
southern city limits, thence westerly along the southern city limits to the
west right-of way line of Indian River Drive, thence north along the west
right-of-way line to the point of beginning.
FEB 24 '98 13:J6 S[~.IN RND ASSOC.
2~? P02
Recommendation: Expand this section to include the following criteria: "The total number of
shared parking spaces required pursuant to the City's Land Development Code shall not be
reduced unless the applicant demonstrates to the satisfaction of the City tha~ a reduction in the
total number of parldn$ spaces is reasons_hie and complies with the following criteria:
Mutually Exclusive Hours of Operntion. The uses involved in shared parkin~ shall have
different and mutually exclusive hours of operation (i.e., the operatin~ hours of the uses do
not overlap). The applicants) .~mll provide a certited affidavit from all property owners and
all tenanti, as may be appropriate, stipulating that: 1) the hours of operation of the subject
uses for which the shared parking is desired are mutually exclusive and do not overlap; and
b) the parties shall specify which land uses shall use the parking spaces at any given time.
b. Required Minimum Number of Spnce~ The total number of parking spaces provided shall
be sufficient to meet the projected parking needs of the proposed uses. No shared parking
shall be approved unless a minimum of 20 parking spaces shall be provided.
c. Limitation on Parking Space Reduction. A shared parking a~reement shall not reduce the
total number of parking spaces by an amount which exceeds ftity percent (~0%) of the
park~ spaces required for the use generaing the least number of parking spaces.
d, Residential Uses Shall Not Be Included, Parking area required for residential uses shall not
be included in any shared parking area.
Required Legal Instruments, Any proposed red~ction in parking spaces.shall be sab~ect
to the recordin~ of enforceable covenants and agreements approved by the City prior to
issuance of a ~ permit or certifcate of occupancy as may be appropriate. The
covenants and a~nnn~ shall ensure that appropriate prolp~ns are hnplemented ~or the IRe
of the use and shall be requlr~ as a condition of the approval of the shared parking
atrangemn~ The covenants and a~reem~s shall state that there is an encumbrance on the
title of the affected properties which shall be valid for the total existence ofthe use or uses
for which the parking is needed.
Required Site Plan nnd Development Agr~ment. Any Cit~ approval of a shared parking
proposal shall require a site plan approval, the tenm and conditions of'which shall be executed
by a development a~,~ent duly approved pur .su~mt to Article llI of the proposed Land
~ Code (Note: In the interim, prior to the adoption of the Land Development Code
araendmeat% the development a~reement shall be compliant with §1633220-3243, F.S.).
SUMMARY. The ~ua~ suggested herein obviously can be varied to address unique local issues,
values, and inIerests, Howcwer, based on my pa~t experience, the issues acknowledged herein should
be addressed in the adopted shared parking ordinance.
FEB 24
F~'ual7 25,
SOLIN AND ASSOC.
PLANNING CONI~UI.TANT~
801 ~ ~VE~ ~ 207
MEMORANDUM
247
4C~BE.7~
FAX 407~o720el
TO:
BOB MASSAR~LTJ; AICP, COMMUNI'IT DEVELOPMENT DIRECTOR
FROM: LES SOL1N, AICP, PLANNING CONSULTANT TO SEBASTIAN
SUBJECT: COMMENTS ON SHARED PARKING ORDINANCE
Since you have previously requested my opinions on the shared parking is,sue, I believe it is
approprh~ that I provide comments on the current dra~ of the shared parking ordinance ~O-98-04.
Question Regulations ~ on Owaer~ip, §7 of the Shared Parking Ordinance allows share
parkin& to be considered only if located on different properties under multiple ownm-shlp. This
provision appears inconsistent with best pLmning practices and principles since:
In order to avoid a charge of arbitrary and capdSous regulation, land use ~egulations should
not be based on forms of land ownership.
All properties within the same zoning district should be treated equally under the law.
Therefore, a shared parking ordinauce should regulate ~ land uses'within a common
zoning district in a like manuer. No lot, parcel or building site should be given special
privileges not shared by other properties within the same zonin8 district. The proposed
ordinance would treat properties under multiple ownership differently ~ properties under
one ownership.
Reco~~n: This provision could targa the district or districts where the City wishes to
allow shared parking. At any rate, ownership should not be a criteria.
Need for More Substantive Crtteri~ for Rendering Decisions on Shared Pariclng. §7(i)
appears to be. the only guide to dec.'on makers comemed with determining whether shared
parking spac.~ should be approved and how many spaces should be provided. Th~s provision
states: "~ ~ ~~ ~7 ~ detertnined by the use with th~ highest parking
reqnireme~ o' the cammlative total for the a~es." TI~ provision should be deleted and replaced
by the following provisions: