HomeMy WebLinkAbout03111998 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, MARCH 11, 1998 - 7:00 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 - limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION/MOMENT OF SILENCE
4. ROLL CALL
5. ~_GENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
6. P~;OCI~AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATI~).N~
98.038 A. Presentation of Plaque to Former Tree Board Member Martha Wininger
98.036/37 B. Presentation of Plaque to Former Planning and Zoning Commission and Recreation Advisory Board
Member Larry Driver
98.055 C. Proclamation - Keep America Beautiful - Pat Harris Accepting
98.056 D. Presentation by Nate McCollum - Emergency Warning Systems
7. CITY COUNCIL MATTERS
98.057
98.058
)8.059/
97.212
98.060/
97.081
98.061
98.062
98.063
98.064
9.
10.
B.
C.
D.
E.
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
CITY ATTORNEY MATTER~
CITY MANAGER MATTERS
~O~ENr 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 - 2/24/98 Forum, 2/25/98 Regular Meeting
Authorize City Manager and Police Chief to Accept New COPS Grant for One Additional Police
Officer (Chief Transmittal, Grant Award Notice Documents)
Appropriate $6,188.44 and Waive Procurement Policy for Purchase of an Alamo Machete Severe-
Duty Boom Mower (Tractor Attachmen0 for Public Works in the Amount of $26,188.44 from
Robinson Equipment Co., Inc. of Mims, Florida - One Year Warranty (PW Director/Purchasing
Agent Transmittal 3/3/98, Brochure and Justification)
Appropriate $1,199 from Drug Forfeiture Funds for 10% Grant Match and Waiver Normal
Purchasing Procedures for Purchase of Three Video Cameras and Related Supplies from Mobile
Vision, Inc. in the Amount of$11,385 (90% to Be Paid by Local Law Enforcement Block Grant)
(Police Chief Transmittal 3/3/98, Quote and Grant Award)
Approve Extension of Bellsouth Mobility Agreement from April I through March 31, 1999 at a
Rental Rate of $700 Per Month - Authorize City Manager to Execute (City Manager Transmittal
3/5/98, Bellsouth Letter)
Approve Use of Riverview Park by Ministerial Association for Easter Sunrise Service - April 12,
1998 - 6:30 am to 7:30 am - Use of and Placement of Bleachers - $100 Security Paid (City Manager
Transmittal 3/5/98, Letter)
Approve Use of Riverview Park by Vero Beach/Indian River County Recreation Depamnent and
Sebastian River Junior Women's Club for Easter Egg Hunt - April 4, 1998 - 10 am to 11:30 am
(City Manager Transmittal 3/5/98, VB/IRC Recreation Letter)
Approve Use of Riverview Park by Jim Geller for "Fun Day on Sunday" - March 22, 1998 - 9 am to
3 pm - Subject to Posting $100 Cash Bond (City Manager Transmittal 3/5/98, Announcement)
Patricia Brennan Birthday Party. Approve A/B Use in Conjunction with Use of Yacht Club on
March 11, 1998 from 7 pm to 11 pm - Age Verified - Security Paid (City Clerk Transmittal 3/5/98,
Application)
2
98.041
98.006
98.019
11.
I~UBLiC HEARING
Procedures for public hearings: (R-9 7-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input - Limit oflO 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/l-ler Name for the Record
Ao
Second Reading, Public Hearing and Final Adoption of Ordinance No, O-98-Q4 ~h~ ]~g
(Director of CommuniW Development Transmittal 3/4/98, 0-98-04 as Revised on First Readirt~
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; PROVIDINO FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF
CONFLICTS; PROVIDINO FOR AN EFFECTIVE DATE. (Ist Reading 2/11/98, Revised, Advertised Legal 2/14/98, Another
I st Reading 2/25/98, Revised at First Reading, Advertised Legal 2/28/98, Hearing 3/11/98)
Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-98-07 Mulching (Director
of Communily Development Transmittal 3/4/98, 0-98-07 as Revised on First Reading)
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; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 2/11/98, Revised, Another 1st Reading Required 2/25/98, Revised at First Reading,
Advertised 2/28/98, Public Heating 3/11/98)
Second Readittg. Second_Public Heariag and Final Adoption of Ordinance No. 0-98-06 Riveffront
?effomlall~ Ov0rl~ Pi~tr/~t (PJr¢ct9l of Cotam~it~ De,(¢lopment Transmittal ~14/~)8, 0-2~t-06 as
Revised on First Readitlg)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE BY CREATINO DIVISION VI, PERFORMANCE OVERLAY DISTRICTS, CREATING THE
RIVERFRONT DISTRICT, STATINO PURPOSE AND INTENT, PROVIDINO FOR DEFINITIONS, PROVIDING FOR
ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHINO
RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLiSHINO RIVERFRONT DISTRICT URBAN CODE,
ESTABLISHINO RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SION
REGULATIONS; PROVIDINO FOR CODWiCATION; PROVIDING FOR SEVERABILITY; PROVIDINO FOR
RESOLIYrION OF CONFLICTS; PROVIDINO FOR AN EFFECTIVE DATE. (Advertised Display 2/18/98, I st Reading and
Hearing 2/25/98, Revised at First Reading, Advertised Display 3/4/98, Final Hearing 3/11/98)
12.
QUASI-JUDICIAL HEARING
(Procedures listed on back of agenda)
98.065/
97.257
Col!i~r ~r~k E~t~te~ Sandmining Special Use Pemlit - Resolution No. R-98-11 (Director of
Community Development Transmittal 3/5/98, R-98-1 I, Application, Staff Report, Location Map)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND MINING PERMIT TO MR. HAROLD ADAMS FOR A SAND MINE AT THE COLLIER CREEK
ESTATES SUBDMSION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
14. COMMITT]~I~ REPORTS/RECOMMENDATIONS
98.036
Planning and Zoning Commission
1. Interview and Appoint Alternate Member - Unexpired Term to Expire 1/99 (City Clerk
Transmittal 3/3/98, Application, Board List, Ad)
98.037
Recreation Advisory Board
1. Interview and Appoint Alternate Member - Unexpired Term to Expire 12/99 (City Clerk
Transmittal 3/3/98, 4 Applications, Board List, Ad)
t8.038
Tree Advisory t50~'~
1. Interview and Appoint Regular Member - Unexpired Term to Expire 4/99 (City Clerk
Transmittal 3/3/98, Application, Board List, Ad)
15. OLD BUSINESS - None
16. NEW BUSINESS
98.066/
97.251
Ao
First Reading of Ordinance No. O-98-02 Lifting Riverfront Moratorium - Schedule Two Public
Hearings 3/25/98 and 4/8/98 (Director of Community Development Transmittal 3/4/98, 0-98-02)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, IN'DIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE
NO. 0-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERIVflT MORATORIUM";
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to 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 MA TTER CONSIDERED AT THIS MEETING
(OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NF_.ED TO ENSURE ~'HA T AVE. RBA TIIvl 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,)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589~5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for ail Government Meetings.
4
Upcoming Meetings:
SpeciaI Meeting (Election Matters) - Monday, March 16, 1998 ~ 7pm
Regular Meeting - Wednesday, March 25, 1998 ~ 7pm
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-97-46):
· Mayor/Presiding Oj~cer Opens Hearing and Outlines Rules
· CiO,Attorney reads Ordinance or Resolution (if Applicable)
· If Requested by Affected ParO, - Clerk/Secretary Administers Oath to Other Affected ParO,(ies) Who Intend to Testify
· For Non-Land Use Matters- Disclosure of Ex-Parte Communication
· Applicant Presentation - Uninterrupted 15 Minutes
· Inquiry of Applicant or Applicant's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding
Officer)
· StaffPresentation - Uninterrupted 15 Minutes
· Inquiry of Staffby Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Oj~icer)
· Proponents' Testimony - Up to 15 Minutes (these are affectedparties)
° Inquiry of Proponents by Council/Board (or Staffor Applicant or Other Affected Parties through Mayor or Presiding Officer)
· Opponents' Presentation - Uninterrupted 15 Minutes (these are affectedparties)
· Inquiry of Opponents or Opponent's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or
Presiding Officer)
· Opening of Informational Testimony - Any Member of Public with information or Need for Clarification - 3 Minutes or 10 Minutes if
Representing Groups of 5 or More
· Inquiry of Informational Witnesses by Council/Board
· Closing of Public Information Period - No Additional Public Comments Allowed Except in Response to Council/Board Questions
° Applicant's RebuttaIPresentation - 10 Minutes (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask
Questions of Applicant or Applicant Witnesses)
· Staff Response and Summary - 10 Minutes (Response to Applicant, Proponents, Opponents or Informational Witnesses- Affected Parties
May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff Witnesses)
· CiO, Council/Board Inquiry of Applicants, Proponents, Opponents or StaffMember
Close Hearing Upon Completion of Testimony
Act Upon Application
Persons who desire to make a presentation or present information or comment on an application or item must register with the CiO, Clerk or Board
secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures)
Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut~ A honveowners or property owners association
whose members include an affected parO, shall be granted affected parO, status by the CiO, Council/Board provided the association has been
established pursuant to Florida Law. A certificate of good standing from the Florida Secrqtary of State's office and a resolution of the board of the
association authorizing said representation shall be filed with the CiO, Clerk's office prior to the entiO, 's request to be granted affected parO, status.
Affected Parties May Request Extension of Time from CiO, Council/Board and may object to the introduction of any evidence, whereupon, the presiding
o.O;cer may rule upon the objection to the admissibiliO, of any evidence. The CiO, Council/Board members may affirm or overrule the ruling. Persons
addressing Council/Board shall identify any educational, occupational or other experience which may be relevant to the matter.
Disclosure of ex-parte communication in land-use matters is not required and such non-dtsclosure shall not be deemed prejudicial to the decision of
the CiO, Council/Board. All decisions of the CiO, Council/Board on land use matters must be supported by substantial, competent evidence in the
record pertinent to the proceeding irrespective of such communications.
A person who appears before the decision maldng body who is not an affectedparO, may be allowed to testify before the decision making body, may be
requested to respond to questions from the decision making body but need not be sworn as a witness and is not be subject to cross-examination and is
not required to qualify as an expert witness. The decision making body shall assign weight and credibiliO, to such testimony as it deems appropriate.
\wp-min\quasi.pro
5
98.041 A.
45-52
PUBLIC HEARING SIGN-UP SHEET
MARCH 11, 1998 REGULAR MEETING
Second Readi~lg. Pulpli9 Hearing and Final Adoption of Ordinance No, O-98-04Slx~red P~rl~h~g
(Director of Communi~ DgxcloplllCnt Transmittal 3/4/98, 0-98-04 as Revised on First Reading)
AN ORDINANCE OF THE CITY OF SEBASTIAN, nqDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS;
PROVIDING FOR CODnzlCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTIONr OF
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 2/11/98, Revised, Advertised Legal 2/14/98, Another
i st Reading 2/25/98, Revised at First Reading, Advertised Legal 2/28/98, Hearing 3/I 1/98)
Name
Address
Name
Address
Name
Address
Name
Address
Name
Address
Name
OAddress
PUBLIC HEARING SIGN-UP SHEET
MARCH 11, 1998 REGULAR MEETING
98.006 B.
Second Reaqling. PUI~Ii~ Hq~nll W~t Final 6~top0~n of Or~linan~ No. Q-.,08-07 Mulqhing (Dir~cdor
of Community Development Transmittal 3/4/98, 0-98-07 as Revised on FirstReading)
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; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIt:ICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION' OF CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 2/11/98, Revi~l, Another l~t Reading Required 2/25/98, Revised at First Reading,
Advertised 2/28/98, Public Heating 3/11/98)
Name
Address
Name
Address
Name
Address
Name
Address
PUBLIC HEARING SIGN-UP SHEET
MARCH 11, 1998 REGULAR MEETING
98.019
Second Readh~g. Second Public Heahng and Fh~al Adoption of Ordh~ance No. 0-98-06 Pdverfront
Pcrfonnan~ Ov~r[~ ])i~tri~ 0~¢¢tor of Community Development Transmittal 3/4/98. O-915-
06 as Revised on First Reading)
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, STATRqG PURPOSE AND INTENT, PROVIDING FOR DEFIHITIONS, PROVIDING FOR
ADMINISTRAIlON, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING
RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVER~RONT DISTRICT URBAN CODE,
ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN
REGULATIONS; PROVIDING FOR COD~ICATION; PROVIDING FOR SEVERAB~LITY; PROVIDING FOR
RESOLUIION OF CONFIICTS; PROV~ING FOR AN EFFECllVE DATE. (Adver~sed Display 2/18/98, 1 st Reading and
Heating 2/25/98, Revised at First Reading, Adve~ised Display 3/4/98, Final Heating 3/11/98)
Name
Address
Name
Address
Name
Address
Name
Address
Name
98.065/
QUASI-JUDICIAL HEARING SiGN-UP SHEET
WEDNESDAY, MARCH 11, 1998
Collier Creek Estates Sandmining Special Use Permit - Resolution No. R-98-11
(Dire~tQr of ~29111m~ty Dcy.c~m~nt Tr~stnitt~[ 3/5/98, R-98-11. Appli~atio~
Staff Report, Location Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND MllqllqG PERMIT TO MR. HAROLD ADAMS FOR A SAND MINE AT THE COLLIER CREEK
ESTATES SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Persons who desire to make a presentation or present information or comment on an application or item must register with the
Cio' Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute A homeowners' or property
owners' association whose members include an affected paro' shall be granted a. ffected paro' status by the CiO, Council/Board
provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary
of State's office and a resolution of the board of the association authorizing said representation shall be filed with the Cio' Clerk's
ofce prior to the entio' 's request to be granted affected party status.
A person who appears before the decision making body who is not an aff¢Ctq~,p.~.r~ may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shall assign weight
and credibilio' to such testimony as it deems appropriate.
Name
Address
Name
Address
Na/n~
Address
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
MARCH 11, 1998 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEIg BUSINESS NOT OTHERgFISE ON THE
PREPARED AGENDA - LIMIT OF 10 MlNUTES PER SPEAKER
Name: ~
Address:
Subject: ~"
Name:
Address:
Subject:
Name:
Address:
Subject:
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Address:
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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, MARCH 11, 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
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwfight
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Katinyn O'Halloran
Director of Community Development, Bob Massarelli
Chief of Police, Randy White
Public Works Director, Pat Breunan
Deputy City Clerk, Sally Maio
Regular City Council Meeting
March 11, 1998
· Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIQ~)
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 the following items:
1. Resolution No. R-98-13 Parking Restriction - West Side of Indian River Drive Right-of-Way.
Pelican Island Preservation Society - Temporary Closure of Indian River Drive Between Harrison for
Pelican Island Day
Vero Beach/Indian River County Recreation - Teen Street Dance in Riverview Park - 3/28/98 - Close
Fellsmere Road Between Riverview Park and Cavcorp Property
MOTION by Cartwright/Taracka
I move to add item J, the request by Pelican Island Preservation Society to the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
MOTION by Cartwright/Taracka
I move to add item K to the consent agenda, the request by the County Recreation Department.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Regular City Council Meeting
March 11, 1998
Page Three
MOTION by Sullivan/Taracka
I would move that it be added under Old Business item 15A. (R-98-13)
Mrs. Cartwright expressed concern that there was no public notice to affected property owners.
ROLL CALL: Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
MOTION CARRIED 3-2 (Paul, Cartwright - nay)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR.PRgSENTATIONS
98.038
A. Present~tjOl~ of Plaque to Former Tree Board Member Mtlrtha Wininger
Mayor Barnes presented a plaque to Mrs. Wininger.
98.036/37
Presentation of Plaque tc~ F~rmer planning and Zoning Commission aod.geere~tkon Advisory Board
Member Larry.Driver
Mayor Barnes presented a plaque to Mr. Driver.
98.055
C. Proclamation - Keep America Beautiful. Pat Hams Accepting
Mayor Barnes read and presented the proclamation to Alice Russell.
98.056
D. Presentation by_,Nat¢ McC011um - Emergency Warning Sy~Iems
Nate McCollum, Indian River County Emergency Management, gave a brief presentation on the
importance of citizens purchasing early warning weather radios.
7. CITY COUNCII~ MATTERS
A. M~lyOr Walter Barnes
Mayor Barnes requested information on the following: code violation on Toledo Street, whether a
piece of equipment had been sunk at Vickers Grove, an ordinance relative to alarms, the Sebastian
Lakes petition, correspondence objecting to the widening of U.S. 1. The City Manager said he would
follow up on his inquiries and bring a resolution to Council at the next regular meeting relative to the
widening of US 1.
Mayor Barnes said he and other members of Council had been subject of ethics complaints, stating
he believed them to be frivolous and political. He thanked the citizens of Sebastian for his election to
office and City staff who have been very helpful, and said he was proud of the many
accomplishments of this Council.
Regular City Council Meeting
March 11, 1998
Page Four
B. ¥ice Mayor Richard Taracka
Vice Mayor Taracka said it was announced today that FDOT will begin sidewalk along Indian River
Drive in September; inquired about CAVcorp property construction, to which the City Manager
responded no bids were received and the bid package will be reviewed; said he enjoyed working with
residents and Council; said being a Council member is a learning experience and that he enjoyed
working with staff. He said the past year was the busiest on record with 63 meetings.
C. IV, rs. Louise Cartwri. ghi
Mrs. Cartwright requested an update on the US 1/Park Place repair and asked thc City Manager to
follow up; noted that eastbound traffic on eR512 to US 1 is dangerous and that the City Manager
working on it with Indian River County; and said school crossing guards asked that speed limit signs
be placed on CR512 westbound.
D. Mr. Larry Paul
Mr. Paul questioned the placement of green lights in the northbound lane of US I at the intersection
of CR512 west; and said he had been asked to say thanks to staff for a repaired drainage problem on
Mainsail.
E. Mrs. Ruth Sullivau
None.
TAPE I - SIDE II (7:45 p.m.)
8. ~{TY ATTORNEY MATTI~RS
The City Attorney said she had found additional information on telecommunications so that outside counsel
will not be needed.
9. {~ITY MANAGER MATTi~RS
The City Manager said he had provided a copy of a letter to Senators Mack and Graham regarding HR-1534
local zoning matters provided to him by Commissioner Ken Macht. It was the consensus to direct the City
Manager to prepare letters for the Mayor's signature.
The City Manager said he had received a fax from Florida League of Cities regarding HB 329 l-
telecommunications. He said he will review the information and report back.
Regular City Council Meeting
March 11, 1998
Page Five
10.
CONSF~r AGI~NDA
~1ll 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 - 2/24/98 Forum, 2/25/98 Regular Meeting
98.057
Authorize City Manager and Police Chief to Accept New COPS Grant for One Additional Police
Officer (Chief Transmittal, Grant Award Notice Documents)
98.058
Appropriate $6,188.44 and Waive Procurement Policy for Purchase of an Alamo Machete Severe-
Duty Boom Mower (Tractor Attachmen0 for Public Works in the Amount of $26,188.44 from
Robinson Equipment Co., Inc. of Mims, Florida - One Year Warranty (PW Director/Purchasing
Agent Transmittal 3/3/98, Brochure and Justification)
98.059/
97.212
Appropriate $1,199 from Drug Forfeiture Funds for 10% Grant Match and Waiver Normal
Purchasing Procedures for Purchase of Three Video Cameras and Related Supplies from Mobile
Vision, Inc. in the Amount of $11,385 (90% to Be Paid by Local Law Enforcement Block Grant)
(Police Chief Transmittal 3/3/98, Quote and Grant Award)
98.060/
97.081
Approve Extension of Bellsouth Mobility Agreement from April 1 through March 31, 1999 at a
Rental Rate of $700 Per Month - Authorize City Manager to Execute (City Manager Transmittal
3/5/98, Bellsouth Letter)
98.061
Approve Use of Riverview Park by Ministerial Association for Easter Sunrise Service - April 12,
1998 - 6:30 am to 7:30 am - Use of and Placement of Bleachers - $100 Security Paid (City Manager
Transmittal 3/5/98, Letter)
98.062
Approve Use of Riverview Park by Vero Beach/Indian River County Recreation Department and
Sebastian River Junior Women's Club for Easter Egg Hunt - April 4, 1998 - 10 am to 11:30 am
(City Manager Transmittal 3/5/98, VB/IRC Recreation Letter)
98.063
Approve Use of Riverview Park by Jim Geller for "Fun Day on Sunday" - March 22, 1998 - 9 am to
3 pm - Subject to Posting $100 Cash Bond (City Manager Transmittal 3/5/98, Announcement)
98.064
Patricia Brennan Birthday Party - Approve A/B Use in Conjunction with Use of Yacht Club on
March 11, 1998 from 7 pm to 11 pm - Age Verified - Security Paid (City Clerk Transmittal 3/5/98,
Application)
98.067
Pelican Island Preservation Society - Temporary Closure of Indian River Drive Between Harrison
and Fellsmere Road
Regular City Council Meeting
March 11, 1998
Page Six
98.068 K.
Bo
Vero Beach/Indian River County Recreation - Teen Street Dance in Riverview Park - 3/28/98 8 to
midnight. Close Fellsmere Road Between Riverview Park and Cavcorp Property
The City Manager read the consent agenda.
Mrs. Sullivan removed item H; Mrs. Cartwright removed items B, C, and H; Mr. Paul removed D.
MOTION by Taracka/Paul
I move to approve items A, E, F, G, I, J, and K 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
Accept New COPS Grant for O!1¢ A~lqlitional Police Officer
Mrs. Cartwright asked about required duties for the police officer. The Chief of Police said one
officer has to be dedicated full-time to community oriented matters and that position is in place at
this time.
MOTION by Cartwright/Taracka
I move to approve item B of the consent agenda.
ROLL CALL:
Mrs. Sullivan ~ aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Regular City Council Meeting
March 11, 1998
Page Seven
Purchase of an Alamo Machete Severe-Duty Boom Mower (Tractor Attachment) for Public Works
Mrs. Cartwright said the suggested motion does not include the $6,188.45 appropriation and that she
will include it in her motion.
The City Manager said the current long ann mower is broken; and the Public Works Director
reported on the tractors function, and said it should be received in approximately one month.
Mrs. Sullivan said she would be more comfortable to add the word "emergency". Mrs. Cartwright
suggested "critical".
MOTION by Cartwright/Taracka
I move to approve item C of the consent agenda as amended.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Purchase of Three Video CajIl~r0~ all~l Related Supplies
Mr. Paul asked the Chief about the certificate of availability clause.
The City Manager and Chief responded that these models have been proven to be the best available;
and this would be considered sole source, since this vendor is the only one that produces them.
MOTION by Paul/Taracka
I move to accept item D of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Regular City Council Meeting
7
March 11, 1998
Page Eight
98.041
11.
H. Apl~rgy¢ Use of Riverview Park by Jim Geller for "Fttn Day on Sunday"
Council members said they would have liked more information to act on this request.
MOTION by Taracka/Cartwright
I move to deny.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
pUBLIC HEARING
Procedures for public hearings: (R-97-20
· 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
Ao
Second Read, ne. Public Hearing and Final Adol~ion of Ordinance No. O-98-04 Sha/cd Parking
{Director of Community Dcvelgpnlent Transmittal 3/4/98, O-9~-04 as Revised on First Reading)
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; PROVIDINO FOR AN EFFECTIVE DATE. (1 st Reading 2/11/98, Revised, Advertised Legal 2/14/98,
Another 1st Reading 2/25/98, Revised at First Reading, Advertised Legal 2/28/98, Hearing 3/11/98)
Mayor Barnes opened the public hearing at 8:05 p.m., the City Attorney read Ordinance No. 0-98-
04 by title, and the Director of Community Development gave a brief presentation.
Mayor Barnes closed the public hearing at 8:07 p.m.
Mrs. Cartwright said she did not think the ordinance was in compliance with Les Solin's comments.
Regular City Council Meeting
March 11, 1998
Page Nine
MOTION by Taracka/Sullivan
I move to approve Ordinance 0-98-04.
ROLLCALL:
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
98.006
~_eq:gJld Reading, Public H¢oring and Final Adoption of Ordinance No. 0-98-07 Mulching (Djrr&_tor
of Commu~t~ D~elo~m~at TxammittaL3/4/98, 0-98-07 a~ Revised on First Reading)
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; PROVIDING FOR DEFINITIONS; PROVIDINO FOR CODIFICATION;
PROVIDiNG FOR SEVERABiLITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 2/11/98, Revised, Another 1st Reading Required 2/25/98, Revised at First Reading,
Advertised 2/28/98, Public Hearing 3/11/98)
The City Attorney read Ordinance No. O-98-07 by title, Mayor Barnes opened the public hearing at
8:09 p.m., and the Director of Community Development gave a brief presentation.
Fred Mensing, Roseland, objected to the ordinance.
Mayor Barnes closed the public hearing at 8:15 p.m.
Mrs. Cartwright asked that Council consider some restrictions on the machine and stockpiling, based
on input from residents in the area where a mulcher is currently located.
Mr. Paul objected to the ordinance due to its lack of regulation.
The City Attorney said a special use permit conditions can be imposed.
MOTION by Sullivanfraracka
I move to the second reading and action on Ordinance 0-98-07.
ROLLCALL:
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
Regular City Council Meeting
March 11, 1998
Page Ten
98.019 C.
Se~:orld Reading, Second Public Hearing grid Final Adoption of Ordinance No. 0-98-06 Riverfront
Pefformtlll~;e Overlay District (Director of Community Development Transmittal 3/4/98, 0-98-06 as
1.~yise~l on First Reading)
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
RIVERFROlqT DISTRICT, STA TING PURPOSE AND INTENT, PRO VIDING FOR DEFINITIONS, PR O VIDING FOR
ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING
RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE,
ESTABLISHING RIVERFROlqT 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, 1 st Reading and
Hearing 2/25/98, Revised at First Reading, Advertised Display 3/4/98, Final Hearing 3/11/98)
The City Attorney read Ordinance No. 0-98-06 by title, Mayor Barnes opened the public hearing at
8:21 p,m., and the Director of Community Development gave a brief presentation.
The Director of Community Development recommended an amendment as follows: Page 13 C. 1. on
line 13 - add provision "When the width of a building exceeds 40 feet Planning and Zoning may
approve a slope of no less than 3:12 (rise:nm)". City Council concurred.
Mayor Barnes closed the public hearing at 8:25 p.m.
MOTION by Taracka/Cartwright
I move to approve Ordinance 0-98-06 as amended.
ROLL CALL:
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Barnes called recess at 8:27 p.m. and reconvened the meeting at 8:38 p.m. All members were
present.
Regular City Council Meeting
March 11, 1998
Page Eleven
12. QUASI-JUDICIAL HEARING
98.o65/ A.
97.257
Collier Creek Estates Sandmining Special U~ PggllJ[ - Resolution No. R-98-11 (Director of
Community Development Tran~llJlt~ll 3[5/98, R-98-11, Application, Staff Report, Location Map)
A RESOLLrrION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, GRANTING A SPECIAL USE
PERMIT AND MINING PERMIT TO MR. HAROLD ADAMS FOR A SAND MINE AT THE COLLIER CREEK
ESTATES SUBDMSION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Barnes opened the public heating at 8:39 p.m., and the City Clerk read Resolution No. R-98-
11 by title.
Attorney Warren Dill, representing the applicant, gave a presentation, stating that most of the fill will
be used on site, however, excess fill will have to be removed in phases
TAPE II - SIDE I (8:45 p.m.)
Mr. Dill submitted a document listing the applicant's recommended conditions (see attached) for
approval. The Director of Community Development said he had no problems with any of the
conditions.
After review of Mr. Dill's submittal, changes to it were made as follows:
Condition 1. The City Attomey suggested changing to "The mining shall be consistent with and
shall be limited to the lakes shown on the construction drawings for Collier Creek Estates." City
Council concurred.
Condition 6. Mrs. Cartwright recommended changing "entrances" to "access points" in 6. City
Council concurred.
Condition 11. It was the consensus of Council not to use Mr. Dill's suggested language in the
resolution, but to go with the original language in the resolution. The City Attorney suggested
"completion bond" instead "restoration bond." City Council concurred.
The City Manager suggested a new condition 12: "Permit approval should be subject to an
agreement between the developer and City Engineer relative to issues addressed in her memo dated
March 5 and if there is any disagreement it be brought back to Council." City Council concurred.
The Director of Community Development said the amount of fill being excavated is a minimal
amount.
Regular City Council Meeting
March 11, 1998
Page Twelve
TAPE II - SIDE II (9:30 p.m.)
Mayor Barnes closed the public hearing at 9:31 p.m.
The Director of Community Development recommended approval of R-98-11 as amended.
MOTION by Taracka/Cartwright
I move to approve Resolution R-98-11 as amended.
ROLLCALL:
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
13.
INTRODUCTION OF NEW llU$INESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Harry Thomas, 654 Balboa SWeet, Sebastian, read a prepared letter to the Editor of the Press Journal.
14. ~OMMITTEE REPORT.$fI~ COMMENDATIONS
98.036
Planniag and Zoning Commission
1. Interview and Appoint Alternate Member - Unexpired Term to Expire 1/99 (City Clerk
Transmittal 3/3/98, Application, Board List, Ad)
City Council interviewed Kevin MacWilliam.
MOTION by Taracka/Sullivan
I move to appoint Mr. Kevin MacWilliam to the alternate member position term to expire
January 1999.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
March 11, 1998
Page Thirteen
98.037
98.038
Keereation Advisory Board
1. interview and Appoint Alternate Member - Unexpired Term to Expire 12/99 (City Clerk-
Transmittal 3/3/98, 4 Applications, Board List, Ad)
City Council interviewed Larry Vickers, John Denise, Jr., and Gerald Berkheimer. Murray Baker was
not present.
MOTION by Cartwrightrraracka
I move to appoint Larry Vickers to the alternate member position term to expire December
1999.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Tree Advisory Board
1. interview and Appoint Regular Member - Unexpired Term to Expire 4/99 (City Clerk
Transmittal 3/3/98, Application, Board List, Ad)
City Council interviewed Carl Behr, Jr.
MOTION by SullivaWTaracka
I would like to move to appoint Carl Behr, Jr. to the regular member position to expire April
1999.
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
March 11, 1998
Page Fourteen
15. OLD BUSINESIt
98.050 A.
98.066/
97.251
16.
Resg.[ll[jgll No. R-98-13 - Parking Restriction on Well,Side of Indian River Drive (City Manager
Transmittal 3/11/98, R-98-13]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
REPEALING RESOLUTION NO. R-9748, ESTABLISHING 'NO PARKING' (OR RESTRICTED PARKING)
AREAS PURSUANT TO 0-97-55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-13 by title only.
In response to Mr. Paul, Chief White said he did not have information on problems in the subject
area.
MOTION by Taracka/Sullivan
I move to approve Resolution R-98-13.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
First Reading of Ordinance No, 0-98-02 Lifting Riverfront Moratorium - Schedule Two Public
Hearings ~3125/98 and 4/8/98 (Direc[9r. Qf Community Development Transmittal 3/4/98, 0-98-02)
AN ORDINANCE OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE
NO. 0-9745, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM";
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance 0-98-02 by title only.
MOTION by Cartwright/Paul
i move to accept the first reading of Ordinance 98-02 and set the first hearing for March 25,
1998 and second for April 8, 1998.
14
Regular City Council Meeting
March 11, 1998
Page Fifteen
ROLL CALL:
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:05 p.m.
Approved at the '~~C~ ~
,1998, Regular City Council Meeting.
City Clerk
Mayor
15