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Home My WebLink About03261997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, MARCH 26, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL: City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli City Planner, Tracy Hass Deputy City Clerk, Sally Maio City Council Workshop March 26, 1997 Page Two WORKSItOr iTEMS City Manager's Not9: The proposed items for review reflect a few of the many LDC amendment proposals that the Council shall be requested to review and consider over the next several meetings. Because of the unknown level of discussion that these matters may require, only the items that can be reviewed within the designated hour will be discussed; remaining items, if any, shall be rolled forward to the next scheduled workshop. The City Manager reiterated his recommendation that this workshop not run past 7:00 p.m., and if not addressed, items will be carded forward to the next workshop. Ao Land Deveig_prgent Code (LDC) Amendments Overview (Community Development Transrai*;tal 3/17/97, Outline of Existing ~ Proposed Procedures, Schedule) The Director of Community Development gave a brief overview of Land Development Code procedural ordinances and noted that substantive language changes will be addressed later in the year in conjunction with amendment to the Comprehensive Land Use Plan. He demonstrated and explained current and proposed streamlined procedureS for these land development matters. He reviewed his tentative schedule for the remainder of the year which he had included in the agenda packet. He said all of these ordinances should be adopted by July 1. Mrs. Sullivan expressed concern for the Director of Community Development having the sole authority to approve certain site plans. He said minor modifications to site plans are currently approved by only the Chairman of the Planning and Zoning Commission. Mrs. Sullivan requested clarification that it is not all site plans and the Director of Community Development verified that it was not. P~eview ofLDC Or0inances Removed for Further Review at 1/15/97 Worksholl (Community Development Transmittal 3/17/96 £1/8/96 Original Submission), Ordinances) 97.018 i. Ordinance No. 0-97-99 - Regulation of Obstructions to Visibility The Director of Community Development said the code currently requires approval by P & Z and City Council for all structures and plantings in right-of-way, noting that technically, mailboxes fall under this code. He said a comprehensive right-of-way management ordinance is needed and will be addressed when the Public Works Director comes on board, therefore the language currently in the code will remain for now. Mr. Taracka questioned who was responsible for maintaining right-of-way. The City Manager said he would look into it. 2 City Council Workshop March 26, 1997 Page Three 97.022 ii. Ordir~ar~ce No. O-97-13 - Standards for Nuisance Abatement - Title Chaages The Director of Community Development said this was primarily to change titles. Mrs. Sullivan said she was concerned with suggested language that authorizes approval by the Director of Community Development "in consultation" with the City Engineer rather than "with the consent of". The City Manager said that perhaps the Public Works Director position rather than the City Engineer position should be referred to and then further suggested that the City Manager be given authority to determine appropriate staff. Mrs. Sullivan expressed concern about the lack of time limit in waivers for noise due to construction. The Director of Community Development again explained he was trying to stay away from substantive languages changes at this time and the City Manager cautioned about substantive language changes in the Land Development regulations until such time as the Comprehensive Land Use Plan is adopted to ascertain that they are consistent. He explained that procedural changes are being addressed now to bring the Code into compliance with the procedures that are currently being followed for land development matters. TAPE I - SIDE II (6:47 p.m.) Mrs. Cartwright said this entire code section needs amendment. Mayor Barnes said there is a process that must be followed and agreed that procedural matters should be taken care of first. City Council concurred to give the City Manager authority in this ordinance. City Council concurred to have a workshop on Wednesday, April 2, 1997 at 7:00 pm. to address the remainder of items on this agenda. 97.029 97.034 97.040 '4* nl. iv. V. Ordinance No. 0-97-20 - LDC & Board of Adjustment Procedures ~ Title Changes Ordinance No. 0-97-25 - Public Hearing Procedures Ordinance No. 0-97-31 - Subdivision Improvement/Design Standards - Title Changes - Muck or Clay Fill Permit City Council Workshop March 26, 1997 Page Four 97.041 97.048 97.049 97.096 97.097 vi. Ordinance No. 0-97-32 - Subdivision Improvement/Design Standards - IRC Review and Approval of Central Wastewater Systems vii. Ordinance No. 0-97-39 - Major Subdivision Procedures viii. Ordinance No. 0-97-40 - Procedures Re: Constmction of Required Improvements Review LDC Section 20A-4.8 Re: PUD(MH) Mobile Home Planned Unit Development Review When COR (Commercial Office Residential) Zoning District is to be Considered Residential Use (Community Development Transmittal 3/17/97, Conditional Use Criteria, Map Showing COR Zoning) 5. Being no further business, Mayor Barnes adjourned the Workshop at 6:58 p.m. Approved at the ~g~:~ ,1997, Regular City Council Meeting. Kathryn M. O~ Halloran, CMC/AAE City Clerk . ~-. q Walter W. Barnes Mayor 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE(561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, MARCH 26, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-97-02). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL WORKSHOP ITEMS C~[y Manager's Note: The proposed items for review reflect a few of the many LDC amendment proposals that the Council shall be requested to review and consider over the next several meetings. Because of the unknown level of discussion that these matters may require, only the items that can be reviewed within the designated hour will be discussed; remaining items, if any, shall be rolled forward to the next scheduled workshop. Land Development Code (LDC) Amendments Overview (Community Development Transmittal 3/17/97, Outline of Existing & Proposed Procedures, Schedule) 97.018 97.021 97.029 97.034 97.040 97.041 97.048 97.049 Review ofLDC Or~linall¢es Removed for Further Review at 1/15/97 Workshop (,.Community Development Transmittal. 3_/17~96 (1/8/96 Original Submission), Ordinances) i. Ordinance No. 0-97-09 - Regulation of Obstructions to Visibility ii. Ordinance No. O-97-13 - Standards for Nuisance Abatement - Title Changes iii. Ordinance No. 0-97-20 - LDC & Board of Adjustment Procedures - Title Changes iv. Ordinance No. 0-97-25 - Public Hearing Procedures v. Ordinance No. 0-97-31 - Subdivision Improvement/Design Standards - Title Changes - Muck or Clay Fill Permit vi. Ordinance No. 0-97-32 - Subdivision Improvement/Design Standards - IRC Review and Approval of Central Wastewater Systems vii. Ordinance No. 0-97-39 - Major Subdivision Procedures viii. Ordinance No. 0-97-40 - Procedures Re: Construction of Required improvements 97.096 C. Review LDC Section 20A-4.8 Re: PUD(MH) Mobile Home Planned Unit Development (Director of Community Development Transmittal 3/17/97, LDC Sec. 20A-4.8.A. and B.) 97.097 D. Review When COR (Commercial Office Residential) Zoning District is to be Considered Residential Use (Community Development Transmittal 3/17/97, Conditional Use Criteria, Map Showing COR Zoning) 5. AI)JOURN (Workshops should not exceed one hour in duration) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPONWHICH 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 AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CiTY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 26, 1997 7:00 P.M. OR SOON THEREAFTER 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 shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02) 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ~ Police Chaplain Frank Camillo ROLL CALL AGENDA.MODIFICATiONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS C~ ATTO~EY ~TT~;R$ CITY MANAGER MATTERS 97.098 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes- 3/5/97 Special Meeting, 3/5/97 Regular Meeting, 3/17/97 Special Meeting Adopt Resolution No. R-97-17 - Vacation of Easement - Vanlokhorst (City Clerk Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff.Report, Hill Letter, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 6 FOOT PUBLIC UTILITY AND DRAINAGE EASEME2qT OF LOT 29, BLOCK 359, SEBASTIAN HIGHLANDS UNIT 11, LESS THE SOUTHWEST 10 FEET THEREOF RECORDED IN PBI 7-56D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 97.099 Adopt Resolution No. R-97-18 - Vacation of Easement - Duncan (City Clerk Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff.Report, Hill Letter, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST 5 FEET OF LOT 21 AND THE EAST 5 FEET OF LOT 22, BLOCK 137, SEBASTIAN HIGHLANDS UNIT 4, LESS THE SOUTH 10 FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-101, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 97.100 Adopt Resolution No. R-97-19 - Vacation of Easement - Lulich (City Clerk Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff.Report, Hill Letter, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, 1NDiAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING TIlE SOUTHEAST 3 FEET OF LOT 13 AND THE NORTHWEST 3 FEET OF LOT 14, LESS THE SOUTHWESTERLY 5 FEET THEREOF, INDIAN RIVER HILLS SUBDIVISION, RECORDED IN PBI 4-5 I, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 2 97.101 Adopt Resolution No. R-97-20 - Application for Department of Community Affairs Waterfront Florida Grant (Community Development Director Transmittal 3/19/97, R-97-20) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDiAN RiVER COUNTY, FLORIDA, SUPPORTING AN APPLICATION TO THE WATERFRONT FLORIDA PROGRAM, AUTHORIZING THE CITY MANAGER TO DESIGNATE A PROJECT MANAGER, AUTHORiZING THE CITY MANAGER TO SIGN AND SUBMIT THE APPLICATIONS, AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.012 Adopt Resolution No. R-97-22 - Granting an Easement to and Accepting Easements from Cornerstone (Community Development Director Transmittal 3/19/97, R-97-21) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE GRANTING OF AN EASEMENT AND TO ACCEPT VARIOUS EASEMENTS; AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.102 97.103 97.104 97.105 Accept Resignation of Carolyn Corum from Land Acquisition Advisory Committee (City Manager Transmittal 3/20/97, Corum Memo 3/11/97) Accept Resignation of Ruth Sullivan from Citizens Advisory Task Force (Sullivan Letter 3/19/97) Appoint Phil Bowers, Human Resources Director as Americans with Disabilities Act (ADA) Coordinator (City Manager Transmittal 3/20/97) Sebastian Fishing Club - Use of Electricity in Riverview Park for a Meeting - 4/7/97 - 9 am to 11 am - Standard Conditions (City Clerk Transmittal 3/19/97, Kautzman Letter 3/19/97) 97.084 97.106 97.107 97.108 97.109 10. 11. 12. 13. PUBLIC HEARING Procedures for public hearings: (In accordance with R-97-02) · 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 Second Reading, Public Hearing and Final Adoption ~f Ordinance ~0, 0-97-44 A~tborizing City Manager to Restrict Parking on the Right-of-Way of Sebastian Airport Property (3Jrport Drive Wes0 £0-97-44) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MIIN-ICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/26/97, Advertised Legal 3/12/97, PH and Final Adoption 3/26/97) COMMITTEE REPORTS/RE COMMF_~D&T!ON$ OLD BUSINESS NEW BUSIN]~$.$ Department of Community Affairs Grant Project - Enforcement Activity Verification Program (Police Dept. Transmittal 3/20/97) Community Map and Information Guide (City Clerk Transmittal 3/18/97, 1993 Community Map and Information Guide) Proposal from Councilmember Sullivan for Invocation in Absence of Police Department Chaplain or Other Clergy (City Manager Transmittal 3/20/97) Request by Councilmember Sullivan for Discussion Re: Handbills as Found in Chapter 6, Article ii, Code of Ordinances (City Manager Transmittal 3/20/97, Chapter 6-Article ii) 4 14. INTRODUCTION OF NEW BUSINESS FROM TllE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker lS. CITY COU/qCII, M~TTKR$ A. Mayor Walter Barnes 97.110 Appointment of Liaisons to County/Regional Committees (City Clerk Transmittal 3/19/97, Liaison List) B. Vice Mayor Richard Taracka C. Councilmember Louise Cartwright D. Councilmember Larry Paul E. Councilmember Ruth Sullivan 16. ADJOURN (AIl meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council AIl meetings beginning at 7:00p. m. shall adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council,) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: Special Meeting - Attorney/Client - Monday, April 7 ~ 6 pm (No public allowed) Tentative Workshop - Wednesday, April 9, 1997 ~ 6pm Regular Meeting- Wednesday, April9, 1997 ~ 7pm (6pm if no workshop) Tentative Special Meeting - Quasi-Judicial Hearing - Wednesday, April 16, 1997 ~ 6 pm Tentative Workshop - Wednesday, April 23, 1997 ~ 6pm Regular Meeting - Wednesday, April 23, 1997 ~ 7pm (6pm if no workshop) 5 PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET MARCH 26, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR OWN SHEETS-TIME L1MIT OF 10 MINUTES PER SPEAKER Name: ~;~,~',,i~,'~ Address: Agenda Item No. and Title:~ Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: Name: Address: Agenda Item No. and Title: PUBLIC HEARING SIGN-UP SHEET MARCH 26, 1997 REGULAR MEETING ORDINANCI~ NO. 0-97.-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/26/97, Advertised Legal 3/12/97, PH and Final Adoption 3/26/97) Address ........ ...... ................................... -! Name Address NalTI~ Address INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MARCH 26, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE Address: Subject: Name: Address: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name~ Address: Subject: 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 26, 1997 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:07 p.m. The Pledge of Allegiance was recited. No Invocation was given. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staff.Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli City Planner, Tracy Hass Deputy City Clerk, Sally Maio Regular City Council Meeting March 26, 1997 Page Two AGENDA MOP!FICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-9 7-02) None. 6. pllOCLAMATIONS, ANNOUNCENI~NTS AND/OR PRESENTATIONS None. 7. CITY ATTORNEY I~ATTERS None. 8. CITY MANAGER MATTERS The City Manager said Patrick J. Brennan had accepted the position of Public Works Director and will begin April 14, 1997; said Bonnie Williams from Commission on Ethics will be in Indian River County on May 21, 1997 to speak to government officials; updated Council on the police station building; reported on a meeting he attended with Terry Hill in Ft. Lauderdale regarding airport capital improvements funding sources; and said there will be an airport tenants meeting on April 3. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes- 3/5/97 Special Meeting, 3/5/97 Regular Meeting, 3/17/97 Special Meeting Regular City Council Meeting ~ March 26, 1997 Page Three 97.098 B. 97.099 C. 97.100 D. Adopt Resolution No. R-97-17 - Vacation of Easement - Vanlokhorst (City Clerk Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff.Report, Hill Letter, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 6 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 29, BLOCK 359, SEBASTIAN HIGHLANDS UNIT 11, LESS THE SOUTHWEST 10 FEET THEREOF RECORDED IN PBI 7-56D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Adopt Resolution No. R-97-18 - Vacation of Easement - Duncan (City Clerk Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff.Report, Hill Letter, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST 5 FEET OF LOT 21 AND THE EAST 5 FEET OF LOT 22, BLOCK 137, SEBASTIAN HIGHLANDS UNIT 4, LESS THE SOUTH 10 FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-101, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Adopt Resolution No. R-97-19 - Vacation of Easement - Lulich (City Clerk Transmittal 3/18/97, R-97-17, Application, Site Location, Survey, Staff.Report, Hill Letter, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST 3 FEET OF LOT 13 AND THE NORTHWEST 3 FEET OF LOT 14, LESS THE SOUTHWESTERLY 5 FEET THEREOF, INDIAN RIVER HILLS SUBDIVISION, RECORDED IN PBI 4-51, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting ~March 26, 1997 Page Four 97.101 E. 97.012 F. 97.102 G. 97.103 H. 97.104 I. 97.105 J. Adopt Resolution No. R-97-20 - Application for Department of Community Affairs Waterfront Florida Grant (Community Development Director Transmittal 3/19/97, R-97-20) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING AN APPLICATION TO THE WATERFRONT FLORIDA PROGRAM, AUTHORIZING THE CITY MANAGER TO DESIGNATE A PROJECT MANAGER, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE APPLICATIONS, AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-97-22 - Granting an Easement to and Accepting Easements from Cornerstone (Community Development Director Transmittal 3/19/97, R-97-21) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE GRANTING OF AN EASEMENT AND TO ACCEPT VARIOUS EASEMENTS; AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Accept Resignation of Carolyn Corum from Land Acquisition Advisory Committee (City Manager Transmittal 3/20/97, Corum Memo 3/11/97) Accept Resignation of Ruth Sullivan from Citizens Advisory Task Force (Sullivan Letter 3/19/97) Appoint Phil Bowers, Human Resources Director as Americans with Disabilities Act (ADA) Coordinator (City Manager Transmittal 3/20/97) Sebastian Fishing Club - Use of Electricity in River,dew Park for a Meeting - 4/7/97 - 9 am to 11 am - Standard Conditions (City Clerk Transmittal 3/19/97, Kautzman Letter 3/19/97) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-97-17, R-97-18, R-97-19, R-97-20 and R-97-22 by title. 4 Regular City Council Meeting March 26, 1997 Page Five Mrs. Sullivan and Mr. Taracka removed item E; and Mayor Barnes removed item H. MOTION by Taracka/Barnes I move to approve items A, B, C, D, F, G, I and J of the consent agenda. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-O Item E - R-97-20 Department of Community Affairs (DCA) Waterfront Florida Grant In response to Mrs. Sullivan, the City Manager noted that the required grant match could be in-kind and not necessarily monetary. He advised that if Council does not want this grant it decide now and direct staff not to submit the grant application at all. He said additional information from DCA had been distributed tonight. The Director of Community Development described proposed uses of the grant funds to revitalize riverfront areas. A lengthy City Council discussion followed on the pros and cons of the grant, its uses and the required match. TAPE II - SIDE (7:38 p.m.) Discussion continued. 5 Regular City Council Meeting ~ March 26, 1997 Page Six 10. MOTION by TarackaYSullivan I'll make a motion to deny Resolution R-97-20. ROLL CALL: Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) Item H - Mrs. Sullivan Resignation Mayor Barnes inquired about advertising procedures for replacement. The City Clerk said an ad will be run and that a continuing ad has been running for alternates, although no applications have yet been received. MOTION by Barnes/Cartwright I'll make a motion to accept item H of the consent agenda. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-O PUBLIC HEARING Procedures for public hearings: (In accordance with R-97-02) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution ° StaffPresentation ° Public Input - Limit ofl 0 Minutes Per Speaker ° Staff Summation · Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 6 Regular City Council Meeting March 26, 1997 Page Seven 97.084 A. Second Reading, Public Hearing and Final Adoption of O/'dj~npnce No. 0-97-44 Authorizing City Manager to Restrict Parking on the Right-of-Way of Sebastian Airport property (AirpQrt Drive West) (0-97-44) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/26/97, Advertised Legal 3/12/97, PH and Final Adoption 3/26/97) The City Attorney read Ordinance No. 0-97-44 by title and Mayor Barnes opened the public hearing at 7:48 p.m. The City Manager briefly explained the need for the ordinance. Herbert Sturm, 549 Saunders Street, Sebastian, asked why only parking on right-of-way at the airport is being addressed. The City Manager said the funds that would be needed to repair swales on airport property has a different source than other city fight-of-way. Attorney Warren Dill, representing Skydive Sebastian, objected to the ordinance and suggested the signs also be posted on Airport Drive East and the City not single out his client. He inquired why no concerns have ever been expressed about Golf Course right- of-way parking. Being no further business, Mayor Barnes closed the hearing at 8:00 p.m. Mr. Taracka said a new parking ordinance will be brought forward in the near future affecting all City right-of-way. The City Manager said perhaps in the future if all traffic is directed into the paved entrance, the shelled area of the road could be designated for right-of-way parking. 7 Regular City Council Meeting March 26, 1997 Page Eight Mr. Paul asked if police presence would have to be increased. The City Manager said he had asked the police department to occasionally drive down Airport Drive West but did not anticipate any increased activity. He said he would be glad to bring a plan back prior to placement of no parking signs. Chief White said he did not see a need for increased manpower; that he would definitely like to see recreational vehicles off'the right-of-way area to allow emergency vehicle access; and said if the issue is not addressed now parking on right-of-way will increase. The City Manager suggested a deferred effective date to give Mr. Grimwade time to get his parking lot constructed or maybe that parking could be restricted to one side of the road. Mrs. Cartwright reminded Council that this ordinance merely gives the City Manager authority to establish no parking areas. The City Attorney said the City is acting as landlord and can establish rules and regulations for its property. The City Manager again said he could bring back a proposed plan at the next regular meeting. MOTION by Cartwright/Paul I move to adopt Ordinance No. 97-44 with the amendment that the ordinance will go into effect 30 days after adoption. ROLL CALL: Mrs. Sullivan - aye Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 8 Regular City Council Meeting March 26, 1997 Page Nine 11. COMMITTEE REPORTS~d~COMMENDATIONS Mrs. Cartwright reported on the Commission on Ethics meeting and its invitation to Bonnie Williams of State of Florida Commission on Ethics on May 21, 1997. Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:38 p.m. 12. OLD BUSINESS None. 13. NEW BU~LNESS 97.106 A. D~artment of Community Affairs CJrallt Project - Enforcement Activity Verificatioll Program &olic~ Dept. Transmittal 3/20/97) The Chief of Police gave a brief explanation of the DCA grant and the enforcement activity verification program. MOTION by Cartwright/Taracka I move to authorize the City and Police Department to enter into the grant agreement with Florida Department of Community Affairs for the project for video tape recorders with DCA $10,000 and the Police Department budget $1112.00. ROLL CALL: Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 TAPE II - SIDE II (8:44 p.m.) Regular City Council Meeting [ March 26, 1997 Page Ten 97.107 B. 97.108 C. Community Map and Information Guide (City Clerk Transmittal 3/18/97, 1993 Community Map and Informal[on_Guide) The City Manager and City Clerk explained the community map. MOTION by Cartwright/Taracka I move to authorize the City Clerk to proceed with the preparation and distribution of the map of the City of Sebastian. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 Proposal from Councilmember iSu!livan for Invocation in Absence of Police Department Chaplain or Other Clergy (City Manager Transmittal 3/29/,97} Mrs. Sullivan had presented a non-denominational prayer to be read by a Council member in the absence ora clergy person, however, the City Attorney stated that approval of this measure could put City Council in danger of violating the establishment clause of the U.S. Constitution and recommended against it. She said prayer by a chaplain, or a prayer by an audience member of his/her own choice or preferably a moment of silence would be acceptable. City Council discussed which were the best methods. Ina Genesco, Periwinkle, Sebastian, recommended a moment of silence. Tut Connolly, Kildare Drive, Sebastian, recommended a moment of silence with its purpose stated by the Mayor. 10 Regular City Council Meeting March 26, 1997 Page Eleven 97.109 14. MOTION by Sullivan/ I would like to make the motion then that there be a moment of silence after the Pledge of Allegiance in the absence of the Chaplain, that the moment of silence be held by the Council and be announced by the Mayor. Mrs. Sullivan had added "for the purpose of asking guidance and wisdom and good judgment in performing our duties", but was asked to eliminate that portion of the motion and leave it to the discretion of the Mayor to announce its purpose. She agreed. MOTION was then seconded by Mrs. Cartwright. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Request by Co~jjr~ember Sullivan for Discussion Re: Handbill~ as Found in Chapter 6, Article II, Code of Ord~rlce~ (City Manager Transmittal 3/20/97, ChapterO-Article II) The City Attorney said the ordinance is fine when used to enforce as it relates to commercial, however there can be no prohibition of protected speech rights. No action was required and the City Manager said he would inform enforcement staff. INTRODUCTION OF NEW BUSINESS FROM TJll~ PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the March 20 Planning and Zoning meeting at which a special use permit was approved without benefit of a site plan or drawing; said he will continue to bring items to Council as long as ordinances are not abided by; such as trucks parked in Walmart, the size of the Cornerstone sign, vendors at events in Riverview Park not obtaining health permits, use of the city's electricity by for profit vendors. 11 O Regular City Council Meeting March 26, 1997 Page Twelve 15. CITY COUNCIL NIAITER~ A. Mayor Walter Barnes 97.110 i. Appointment of Liaisons to County/Regional Committees (.City Clerk Transmittal ~_/.19/~7.~ Liaison List) Affo. rd~ble Housing The Community Development Director and Building Official will share the position. TAPE III - SIDE I (9:30 p.m.) Council of Public Officials Mrs. Cartwright and Mrs. Sullivan volunteered for the member position. Mayor Barnes said he would come back to this item. l~co/iornic Development Council Mr. Paul was appointed member and Mrs. Sullivan was appointed alternate. Emergency Services Vice Mayor Taracka was appointed member and Mrs. Cartwright was appointed alternate. ]~art{1 Acquisition Advisory Committee Due to some confusion as to whether the member was required to be an elected official or not, the City Clerk said she would check with Indian River County Assistant Attorney Will Collins tomorrow. Harry Thomas, 654 Balboa Street, Sebastian, MPO Citizen Committee member, said he would be happy to volunteer if needed. Metropolitan Planning Organization (MPO) Vice Mayor Taracka was appointed member and Mayor Barnes was appointed alternate. 12 Regular City Council Meeting March 26, 1997 Page Thirteen Seba~than Ri'~er .~r.ea Chamber of lTommerc~ City Manager was appointed member and Mr. Paul was appointed alternate. Treasure Coast Council of Local Governments Mayor Barnes was appointed member and Mrs. Cartwright was appointed alternate. Ir~a~ur~ Coast l~,egional Planning 170uncil Mr. Paul was appointed member and Vice Mayor Taracka was appointed alternate, however, Mr. Paul requested that after the first six months, Mr. Taracka attend the meetings when needed due to Mr. Paul's work schedule. Mr. Taracka agreed. Couodl of Public Officials Mrs. Cartwright and Mrs. Sullivan again requested membership on this committee, therefore a roll call was taken first on Mrs. Cartwright. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - nay Mr. Taracka - nay Mrs. Cartwright - aye MOTION F^ILED 2-3 (Sullivan, Barnes, Taracka - nay) Mrs. Sullivan was appointed member and Mrs. Cartwright was appointed alternate. Other Matt~rj Mayor Barnes received the concurrence of Council to direct the City Clerk to mail a letter of support regarding the proposed fishing reef} recommended quarterly open public meetings to allow the public to air issues important to them, and it was decided to place this item at the end of the April 2 workshop agenda time permitting. 13 Regular City Council Meeting March 26, 1997 Page Fourteen Vice Mayor Richard Taracka Mr. Taracka requested discussion of the Bert Harris Act be on a future workshop. Councilmember Louise Cartwright Mrs. Cartwright asked about the proposed park use policy ordinance; suggested that discussion of the procedures resolution R-97-02 be placed on the April 2, 1997 workshop. Councilnal~rrlber Larry Paul Mr. Paul requested information regarding regulation of skydiving activities on behalf of Constance Spates. The City Attorney said the City's hands are tied in these matters and that Mrs. Spates should contact the FAA. The City Manager said FAA had advised him that the City should look to trespass laws. Mr. Paul recommended that the City look into obtaining a moveable band shell for use in Riverview Park. go Councilmember Ruth Sulliyan None. 16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:05 p.m. Approved at the ~//~'_.~ ~ Katht3rn0M. O'Halloran, CMC/AAE City Clerk '-" ~- ; L .z_.L.~, ". ,1997 Regular City Council Meeting. Walter W. Barnes Mayor 14