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HomeMy WebLinkAbout04231997 City of Sebastian 12J25 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, APRIL 23, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consenxus of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops On accordance with R-97-21). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 97.112/ A. Proposed Parking Ordinance - Carried from 4/9/97 Workshop (Community Development 96.190 Transmittal 4/3/97, Code and LDC Sections) 5. ADJOURN 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 ENSU~ 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.) 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 (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, APRIL 23, 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 CALI~ ~it,v ¢o~tncil 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 Deputy City Clerk, Sally Maio Director of Community Development Bob Massarelli City Planner, Tracy Hass Administrative Secretary, Joanne Sandberg Falcon Cable Manager, Ken Vickers and Central Audio Visual, Inc. representative, Kerry Antley were also in attendance to adjust the new sound system during the workshop. City Council Workshop April 23, 1997 Page Two 4. WO~$HOP ITEMS 97.112/ A. 96.190 Proposed Parking Or0ioance - Carried from 4/9/97 Workshop (Community Development Transmittal 4/3/97, Code and LDC Sections) Mr. Taracka said he had surveyed 92 people and found the majority agreed with prohibiting parking in swales with special exceptions. He recommended the following language for Section 98-36, "No vehicle may be parked in any street right-of-way in the city limits of Sebastian. Any vehicle parked in any street right-of-way which is not removed within 24 hours after a notice requiring removal has been posted on the vehicle by a police officer shall be towed at the owners' expense. Located in the communications section of the police department will be a twenty four hour log kept current by an on duty communications officer. Within the log will be a list of residents having parties or other functions such as funeral gatherings or guests that are staying over, etc. The resident will be required to call in prior to any such activity and will have a 24 hour time period to have any and all vehicles removed after the initial call-in. Other exceptions would include emergency vehicles, tow trucks, contractors on-site, utility vehicles, city owned parks and parking areas and lawn service vehicles. For the purposes of this section, lawn service vehicles shall be parked only when the owner/operator is in the process of lawn maintenance." Mrs. Cartwright said she had a problem with the exceptions being written in the ordinance, suggested 48 hour notice rather than 24, and said Code Enforcement should be able to notice as well. Mrs. Sullivan said she wanted to see exceptions in the ordinance and discussed parking in the CAVcorp property. It was the consensus of City Council to allow Joe Generazio, Code Enforcement Board chairman to address City Council after Council deliberation time permitting. Mayor Barnes asked that ideas expressed on April 9 and tonight be incorporated into a draft ordinance to allow the public an opportunity for input. Mr. Paul said he was uncertain about 24 hour notice and having exceptions in the ordinance. He went over the current and proposed language suggesting: "dual rear wheels" was inappropriate language and too limiting; the reasons for Council to one-way streets should be spelled out; questioned prohibited parking on streets referred to paved or unpaved; questioned the reasons for prohibition of parking on Main Street and North Central; asked to what "enclosed structure" referred; questioned the prohibition on parking in front of unimproved lots; suggested penalties be increased; questioned the 2 City Council Workshop April 23, 1997 Page Three prohibition of running electricity to an RV and requirement for a camper to be stored in a collapsed state; questioned whether there should be an extension of the 48 hour emergency parking limit; and requested clarification of the regulations regarding which would prohibit washing a vehicle in the swale. Mrs. Sullivan again said that swales need to be protected from abuse and Mrs. Cartwright said the City needs to alleviate abuse without becoming a police state. Discussion took place on limiting the number of recreation vehicles per residence and Mayor Barnes suggested staff consider putting in a number, perhaps three, and seeing what the public has to say on the matter. It was noted that the new language will not count anything parked in a garage. The Director of Community Development said staff had the thrust of Council's intent and will come back with a draft ordinance and let City Council fill in final numbers. The City Manager, noting that Florida is a recreation state, and reminding Council what an impact this ordinance will have on staff, reiterated that a draft can be brought back with blanks for City Council to fill in when it determines what it believes to be right for Sebastian. Mr. Barnes said some time ago, Planning and Zoning addressed limiting the number of vehicles per residence and asked whether that needs to be addressed again. TAPE I - SIDE II (6:47 p.m.) Mr. Barnes asked if parking in grass could be prohibited and questioned whether prohibiting deliveries involved in home occupations was enforceable. The Director of Community Development said the regulation may be illegal and that staffwas reviewing it as well as other home occupational license regulations. Joe Generazio, said that Code Enforcement is reviewing language and that vehicles need to be kept off grass to protect the environment. The Director of Community Development said he would get with the Chief of Police and do a complete rewrite, bring it to Code Enforcement and anyone else on staff as prescribed by the City Manager. Mack May, 1106 Landsdown Drive, Sebastian, suggested limiting the number of vehicles per household. 3 City Council Workshop April 23, 1997 Page Four 5. Being no further business, Mayor Barnes adjourned the Workshop at 7:02 p.m. Approved at the Katbryn M. ~O 'Ha#oran, CMC/AAE City Clerk ,1997, Regular City Council Meeti.ng.' Walter W. Barnes Mayor 4 City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 23, 1997 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225MAINSTREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item - limit often minutes per speaker (R-97-02) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Department Chaplain Frank Camillo 4. ROLL CALL 5. AGENDA MODIFICATIONS_{AI)])I~iQNS AND/OR DELETIONS) items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) 6. pRQCLAMATIONS, ANNOUNCEMENT~; AI~I)/OR PRESENTATIONS 97.120 A. PresentatiOn of Certificate - Employee of the First Quarter 1997 97.121 97.122 97.123 97.124/ 96.110 CITY ATTORNEY MATTERS CITY MANAGER MATT]~R$ 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 - 4/2/97 Workshop, 4/9/97 Workshop, 4/9/97 Regular Meeting Approve Budget Transfer of $8001.61 and Authorize Purchase of 800 MHz Radio Equipment & System for Police Department, Public Works and Community Development - Piggy-back Contract Between Indian River County and Ericsson G.E. for a Total of $201,099.97 (City Manager Transmittal 4/16/97, Miscellaneous Documentation Re: System and IRC) Approve Appropriation of $5,151.97 from Undistributed Non-Departmental Funds - Authorize Purchase of Computer Software off State Contract and Low Bid Basis (City Manager Transmittal 4/17/97, Asst. Finance Director Memo 4/16/97) Do Adopt Resolution No. R-97-25 - Mutual Aid Agreement - City and IRC Sheriff (City Clerk Transmittal 4/9/97, Proposed R-97-25 w/Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-93-36; AUTHORIZiNG THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT BETWEEN INDIAN RiVER COUNTY SItERIFF'S DEPARTMENT AND THE CITY OF SEBASTIAN AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDiNG FOR AN EFFECTIVE DATE. Adopt Resolution No. R-97-26 - Community Development Block Grant Contract Amendment - Increasing Funding to $600,000 (Community Development Transmittal 4/17/97, R-97-26, Signature Page, Program Budget and Scope of Work) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF TI-W, CITY, AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE "DCA") AND TIlE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 97.119 10. 11. 12. 13. 14. 97.125 97.126 97.127/ 96.239 97.128 pUBLIC HEARING (Quasi-Judicial Matter) (Procedures on Back of Agenda) Conduct Public Hearing on Sebastian Lakes Shopping Ce~..er Final PUD_and l~jn01Plat - Con,sigl0r Adoption of Resolution No. R-97-24 - Deferred from 4/16/97 (Director of Community Development Transmittal 4/10/97, R-97-24, StaffReport, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. II~ITRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS - None NEW BUSINESS Determine City Council Attendance and Notice Requirement for Presentation by Bonnie Williams, State of Florida Commission on Ethics at Indian River County Administration Building in Vero Beach - 5/21/97 - Sponsored by Council of Public Officials (City Manager Transmittal 4/16/97, Caroline Ginn Letter 4/9/97) Determine City Council Attendance and Notice Requirement for Special Emerging Technologies Briefing by Dr. Eugene Webb Re: Issues Associated with Telecommunications Regulations and Local Government - Sponsored by Treasure Coast Council of Local Governments (City Manager Transmittal 4/16/97, TCCLG Memo 4/10/97) Bid Award for Annual Aquatic Weed Control to Applied Aquatic Management, Inc. of Eagle Lake, Florida at 70% Level - $24,540 (City Manager/Purchasing Transmittal 4/8/97, Bid Review and Recommendation Form, Hill Letter 4/1/97, Bid Documents) Drainage Ditch Encroachment - Unit 1, Block 12, Lot 23, Sebastian Highlands (City Manager Transmittal 4/16/97, Survey Under Separate Cover, Location Map, Hills Letters 8/30/96, 9/16/96, Morrison Letter 11/9/96, Votapka Memo 11/22/96) 97.129 97.084 97.036 Waterline Special Assessment for Oyster Pointe and Oyster Bay Resort (City Manager Transmittal 4/17/97, Abram Letter 1/10/97, King Memo 8/29/96 w/Backup Documentation) Review Parking Plan for the Airport and Direct City Manager Accordingly (City Manager Transmittal 4/17/97, 0-97-44, Pgs 7 & 8 of 3/26/97 Meeting) First Reading of Ordinance O-97-27 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-27) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-14.2. AND 20A-14.6. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING TREE PROTECTION BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.037 First Reading of Ordinance O-97-28 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-28) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-14.12. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING TREE PROTECTION BY CLARIFYING NATIVE TREE REQUIREMENT, AND LIMITING THE USE OF PALMS FOR THE TREE REQUIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.O38 First Reading of Ordinance 0-97-29 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-29) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-15.2., 20A-15.5.B., 20A-15.5.F., AND 20A-I 5.5.G. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING SIGNS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.042 First Reading of Ordinance 0-97-33 - Set Second Reading and Public Hearing for 5/28/97(Director of Community Development Transmittal 4/17/97, 0-97-33) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A~4.2., 20A-4.5., 20A-4.6., 20A-4.7., 20A-4.8., AND 20A-4.9. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY SUBSTITUTING FUTURE LAND USE DESIGNATION FOR ZONING DISTRICT AND ADDING FUTURE TO LAND USE MAP; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 97.043 First Reading of Ordinance 0-97-34 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, O-97-34) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.6., 20A4.7., 20A-4.9., 20A-4.10., 20A-4.11., 20A-4.12., 20A-4.13., 20A-4.14., 20A-4.16., OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR MAYOR, CITY CLERK, AND CITY ENGINEER AND BY REQUIRING CONSULTATION WITH THE CITY ENGINEER; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.044 First Reading of Ordinance O-97-35 - Set Second Reading and Public Heating for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-35) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.5.B., 20A-4.9., AND 20A-4.10., OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY PROVIDING FOR APPROVAL BY THE CITY COUNCIL, REQUIRING A PREAPPLICATION CONFERENCE, PROVIDING FOR PUBLIC NOTICE, PROVIDING FOR A WRITTEN REPORT FROM THE PLANNING AND ZONING TO THE CITY COUNCIL, AND PROVIDING FOR CITY COUNCIL DENIAL OF AN APPLICATION; PROVIDiNG FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDiNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.045 First Reading of Ordinance 0-97-36 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-36) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A,4.6 AND 20A-4.8 OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY EXCLUDING WHOLESALE PRODUCTION AND DISTRIBUTION BAKERIES AND CORRECTING A SECTION REFERENCE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.046 First Reading of Ordinance 0-97-37 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-37) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 16.1, 20A- 16.2, AND 20A- 16.3., OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE SUBDIVISION OF LAND BY DELETING THE MINOR SUBDIVISION CLASSIFICATION AND PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Upcoming Me~tings: Quarterly Open Meet~ng - Wednesday, April 30, 1997 ~ 7p.m. Special Meeting - Quasi-Judicial - Wednesday, May 7, 1997 ~ 7p.m. Regular Meeting - Wednesday, May 14, 1997 ~ 7p.m. Tentative ~rorkshop - Wednesday, May 21, 1997 ~ 7p.m. Regular Meet~ng - Wednesday, May 28, 1997 ~ 7p.m. Procedures for Quasi-Judicial Hearings as Follows tin accordance ~,ith R-96-87): Mayor/Presiding Officer Opens Hearing and Outlines Rules CiO~ Attorney reads Ordinance or Resolution (if Applicable) If Requested by Party or Party Intervenor - Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Who Intend to Testify For Non-Land Use Matters -Disclosure of Ex-Parte Communication Staff Initial Presentation Inquiry of Staff by Affected Parties through Mayor or Presiding Of J~cer Applicant Presentation - Uninterrupted 15 Minutes Inquiry of Applicant or Applicant's Witnesses by Council (or Staff or Affected Parties through Mayor or Presiding Officer) Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents by Council/Board Opponents' Presentation - Affected Party Opponents 15 Minutes - Non-Affected Opponents 3 Minutes or 10 Minutes if Representing a Group of 5 or More Inquiry of Opponents or Opponent's Witnesses by Council/Board Opening of Informational Testimony - A ny Member of Public with Information or Need for Clarification - 3 Minutes or 10 Minutes if Representing Groups of 5 or More Inquiry of lnformational Witnesses by Council/Board Closing of Public Information Period - No Additional Public Comments Allowed Except in Response to Council/Board Questions Staff Response and Summary - 10 Minutes (Response to Applicant, 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) Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or Staff May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Applicant or Applicant Witnesses) City Council/Board Inquiry of Applicants, Opponents or Staff Close Hearing and Formal Action Applicant, Staff and~4ff ected Landowners Entitled to Notice Under any Statute or City Code are considered ~4 ff ected Parties. Affected Parties May Request Extension of Time A person who appears before the decision making body who is not a party orparty intervenor 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 shah assign weight and credibility to such testimony as it deems appropriate. \wp-min\quasi.pro City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 23, 1997 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:19 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Department Chaplain Frank Camillo. ROLL CALL CiLv 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 Deputy City Clerk, Sally Maio Director of Community Development Bob Massarelli City Planner, Tracy Hass Administrative Secretary, Joanne Sandberg Regular City Council Meeting April 23, 1997 Page Two AGENDA MODIFICATIONS L~DDITIONS ANDIO_B DF~i~TIONS} Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) There were no agenda modifications. Mayor Barnes noted the new Chambers chairs were in place and the audience applauded. 6. pROCLAMATIONS. ANNOUI~CI~MEJ~T$ AND/OR PRESENTATIONS 97.120 A. Presentation of Certificatg - ~mpl~e~ oflhe_Fir~t Quarter 1997 The recipient was not in attendance and presentation will be rescheduled. 7. CiTY ATTO~EY MATTi~R$ None. 8. CITY MANAGER MATTERS The City Manager distributed a memo dated April 18, 1997 regarding audit firm selection (see attached) and asked whether City Council wanted to have an oral presentation by the three firms. It was the consensus of City Council that the presentations be scheduled for fifteen minutes each at the May 14, 1997 regular meeting. It was apparent from the City Council discussion that it was their intent to interview the two higher rated firms. 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 - 4/2/97 Workshop, 4/9/97 Workshop, 4/9/97 Regular Meeting 97.121 Approve Budget Transfer of $8001.61 and Authorize Purchase of 800 MHz Radio Equipment & System for Police Department, Public Works and Community Development - Piggy-back Contract Between Indian' River County and Ericsson G.E. for a Total of $201,099.97 (City Manager Transmittal 4/16/97, Miscellaneous Documentation Re: System and iRC) Regular City Council Meeting April 23, 1997 Page Three 97.122 C. Approve Appropriation of $5,151.97 from Undistributed Non-Departmental Funds ~ Authorize Purchase of Computer Software off State Contract and Low Bid Basis (City Manager Transmittal 4/17/97, Asst. Finance Director Memo 4/16/97) 97.123 D. Adopt Resolution No. R-97-25 - Mutual Aid Agreement - City and IRC Sheriff(City Clerk Transmittal 4/9/97, Proposed R-97-25 w/Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-93-36; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREElvlENT BETWEEN INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT AND THE CITY OF SEBASTIAN AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 97.124/ E. 96.110 Adopt Resolution No. R-97-26 - Community Development Block Grant Contract Amendment - Increasing Funding to $600,000 (Community Development Transmittal 4/17/97, R-97-26, Signature Page, Program Budget and Scope of Work) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read titles of Resolution Nos. R-97-25 and R-97-26. Mrs. Sullivan removed item E; Vice Mayor Taracka removed item B and Mrs. Cartwright removed item D. MOTION by Taracka/Cartwright I move to approve items A and C 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 Regular City Council Meeting April 23, 1997 Page Four Item B - 800 MHz Radios In response to Mr. Taracka, the City Manager said the City had selected the MPA radio. MOTION by Taracka/Paul I move to approve item B 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 Item D - R-97-25 Mrs. Cartwright recommended revision to Section 2 to add that the City Clerk will attest. There were no objections. MOTION by Cartwright/Sullivan I move to approve item D of the consent agenda as amended. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Item 13 - R-97-26 In response to Mrs. Sullivan, the $45,000 referred to was reimbursement to the City for the Yacht Club pier. 4 Regular City Council Meeting April 23, 1997 Page Five MOTION by Sullivan/Cartwright I would move that we approve that Resolution R-97-26. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 10. I~UBLJ(2 HEARING (Quasi-Judicial Matter) (Procedures on Back of Agenda) 97.119 Conduct Pul:~ljc Hearing on Sebastian Lakes Shopgh~g Center Final PUD and Final Plat - Consider Adoptiorl of Resolution No. R-97-24 - Deferr~(1 from 4/16/97 (Director of Community Development Transmittal 4/10/97, R-97-24, StaffKego~ Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the quasi-judicial hearing at 7:40 p.m. and the City Attorney read Resolution No. R-97-24 by title. The applicant waived administration of oath to other parties or party intervenors. The Director of Community Development had distributed a revised Resolution, explained the revisions and recommended approval. City Council made inquiries of staff TAPE II - SIDE I (7:52 p.m.) Regular City Council Meeting April 23, 1997 Page Six Edra Young asked when the ends of the sidewalk next to the library would be repaired and the Director of Community Development said he would look into it. Brian Kale, with Ron Howse, P.A., engineers for the project, thanked staffand said they have no problems with the conditions of approval. Mayor Barnes closed the public information period at 7:57 p.m The Director of Community Development again recommended approval of the revised Resolution No. R-97-24. Mayor Barnes closed the quasi-judicial hearing at 7:58 p.m. MOTION by Cartwright/Taracka I'll move to approve Resolution 97-24 as amended. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 11. INTRODUCTIOI~ OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required- limit often minutes for each speaker Wayne Brubaker, Phelps Garage, Louisiana Avenue, said a piece of metal had been projected from the mulcher at Grace's Landing through the roof of Phelps garage today, and said dust and run-offwere affecting his and an adjacent property. The City Manager said the Director of Community Development will contact the contractor on the matter tomorrow to install some landscaping trees. Mrs. Sullivan said she was aware a large oak had been removed and chipped and the Director of Community Development said he was unaware of any oaks being removed and would meet with her tomorrow. Regular City Council Meeting April 23, 1997 Page Seven 12. COMMITTEE REPORTSfRECOMMENDATION~ Mrs. Sullivan gave a Council of Public Officials report. She updated Council on the Johns Island legal case regarding an adjustment of ad valorem taxes and the affect of standing water in orange groves on the increase of mosquitos. Mr. Paul gave a Treasure Coast Regional Planning Council report. He said the Indian River County contingent was welcomed, said regional planning council funding was approved by the senate with an increase, and said he had spoken to the City Manager about contacting Treasure Coast regarding funding for the City's Comprehensive Land Use Plan, and advised that there will be a tourism and transportation conference by the Governor's Council in Orlando on May 15 and 17. 13. OLD BUSiNI~; - None 14. NEW BUSINESS 97.125 De~.~rmitle City Council Attendance and Notice Requirement for Pr~3entation by Bonnie William~,_$tate &Florida Commission on Ethics at Indian_~¥~r Coullty Administration Building in Veto Beach - 5/21/97 - Sponsored by Council of Pul~ljc Officials (City Manager Transmittal 4/16/97, CitcolJlle Gi~n Letter 4/9/97) Mrs. Sullivan said Bonnie Williams will be unable to attend but will send an attorney in her place. Mrs. Sullivan and Mayor Barnes said they will not be able to attend. The others will attend. City Council was advised that other City boards had been notified. Mayor Barnes said if the meeting was taped, he would like a copy. The Deputy City Clerk said she would contact the Council of Public Officials secretary. A notice will be posted. 97.126 Determine City Council Attendance and Notic~ J~equirement for Special Emerging Technologie~ Briefing by Dr. Eugene Webb Re: Issues Associate0 TelecommulliCati0ns Regulations and Local Government- $1)9/l~oregl by Treasure Coast Council &Local GoYernment~ (City Manager Transmittal 4/16/97. TCC,,LO Memo 4/10/97) Mayor Barnes urged attendance at this briefing in light of the City's involvement with the Falcon issue. Mrs. Cartwright and Mr. Paul said they would be unable to attend. The others will attend. A notice will be posted. 7 Regular City Council Meeting April 23, 1997 Page Eight 97.127/ C. 96.239 Bid Ps~artl for fi~anual Aquatic Weed Control to Applied Aquatic Management,, Inc. of l~agle Lake, Florida at 70% Level - $24,540 (City Manager/Purchasing Transmittal 4/8_/~7., Bid Review and Recommendation Form, Hill Letter 4/1/97, Bid Doculll~r~t~) John Hill, Craven Thompson, gave a brief presentation and recommended approval as presented. MOTION by Taracka/Paul I move to award the annual aquatic weed control contract to Applied Aquatic Management, Inc. of Eagle Lake, Florida, at the 70% level alternative 3 as outlined in Mr. John Hill's letter. After a trial period if the 70% level is unacceptable the City Manager is authorized to increase the treatment level and negotiate a fair price for increased service at his discretion so that we may achieve an acceptable level of weed control. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 John Hill noted that it was citizen participation that brought about this program. 97.128 D. Drairlage Ditch Encroachment - Unit 1, Block 12~ Lot 23, Sebastian Highlands (City Manager Transmittal 4/16/97, Survey Under Separate Cover, Location Mag, Hill.,s L~[l[?r~ 813!)[96, 9./]6/96, Morrison Letter 11/9/96, Votapka Mer!19 H/22/96) The City Manager reiterated his recommendation that City Council authorize him to obtain an appraisal for the subject lot and proceed with negotiations with the property owner for purchase. Mrs. Cartwright asked whether there were statutes to be complied with for public hearings for property purchase. The City Attorney said she would research it. Regular City Council Meeting April 23, 1997 Page Nine MOTION by Sullivan/Taracka I would move that we appropriate up to $1500 to cover the cost of an appraisal and that we authorize the City Manager to obtain on Lot 23 and to proceed with negotiation to purchase the entire lot because this would negate the ditch encroachment problem the City now has and that this lot could be used to connect the existing bike sidewalk located on the north side of Main Street and a route between the Airport Drive East and the cart path could concur without ever coming into contact with Main Street making it a safer utilization of the area with funds from undistributed non-departmental funds. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:55 p.m. All members were present. 97.129 E. Waterline Special Assessment for Oyster Poinlg al~l Oyster Bay Resort (City Manager Ir~,nslyljttal 4/17/97, Abram Letter 1 /10/97, King Memo 8/29/96 w/Baskllp Documentation) TAPE II - SIDE II (8:56 p.m.) Mayor Barnes declared a conflict of interest due to share ownership in the subject property and turned the chair over to Vice Mayor Taracka. Mrs. Sullivan inquired whether she had a conflict due to her the fact she was assessed on the Riverfront. The City Attorney advised she declare a conflict of interest due to her ownership in the assessment area. Mayor Barnes and Mrs. Sullivan abstained from any discussion on the matter. The City Manager explained that a square footage calculation error had occurred in the amount of an approximately $14,000 overcharge, however, no one from Oyster Bay had challenged the assessment amounts during the required equalization hearing. Regular City Council Meeting April 23, 1997 Page Ten The City Attorney advised that Chapter 170 Florida Statutes contained detailed steps to ensure the assessment is properly passed by a local government and Section 170.16 states that if proper procedure is followed and the assessment is not challenged, the fact that all steps have been taken and the tax roll has been confirmed is called competent and sufficient evidence that the assessment was duly levied and that any aberrations will be held to be not material until clearly shown that the party objecting was materially injured thereby. She advised that the City should either do nothing or if considering relief, to open up the entire assessment and redo it. Max Abram, 844 Westport Drive, Rockledge, Florida, President, Board of Directors, Oyster Point/Oyster Bay, said while he understands the legal aspects of the assessment, the City should recognize its moral obligation to correct its error. Attorney Philip Noor, Gray, Harris and Robinson, representing Mr. Abrams, said while he recognized appellate time had run out, he believed City Council had the inherent authority to correct its mistake. He said opening up a reassessment was not realistic and that he would be happy to work with the City Attorney. The City Attorney advised that general fund monies cannot be used and again advised that if the City wished to relieve the party, it should do a reassessment. She said she could contact an attorney in Tallahassee whose specialty is in this field. Mrs. Cartwright recommended contacting Attorney McClelland since it was he who prepared the original assessment documents. Mr. Paul asked about omissions and errors insurance and the City Manager said he was looking into this. The item was deferred to the May 14, 1997 meeting for a report from the City Attorney. 97.084 Fo Review parking Plan for the Airport and Direct City Manager Accord)ngly (City Manager Transmittal 4/17/97, 0-97-44, Pgs 7 ~ 8 of 3/26/97 Meeting) Following a brief City Council discussion, it was the consensus of City Council for the City Manager to proceed with his parking plan. 10 Regular City Council Meeting April 23, 1997 Page Eleven 97.036 G. First Reading &Ordinance 0-97-27 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-27) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-14.2. AND 20A-14.6. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING TREE PROTECTION BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-27 by title. MOTION by Cartwright/Sullivan I move to approve the first reading of Ordinance 97-21, set the public hearing and second reading for May 28, 1997. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 TAPE III - SIDE I (9:40 p.m.) 97.037 H. First Reading of Ordinance 0-97-28 - Set Second Reading and Public Hearing for 5/.28/97 (Director of Community Development Transmittal 4/17/97, 0-97-28) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-14.12. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING TREE PROTECTION BY CLARIFYING NATIVE TREE REQUIREMENT, AND LIMITING THE USE OF PALMS FOR 'I¥1E TREE REQUIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-28 by title. MOTION by Taracka/Paui I move to approve the first reading of Ordinance No. 0-97-28, set a public heating and second reading for May 28, 1997. 11 Regular City Council Meeting April 23, 1997 Page Twelve ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 97.038 First PaeaOing of Ordinance 0-97-29 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-29) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-15.2., 20A-i 5.5.B., 20A-15.5.F., AND 20A-15.5.G. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING SIGNS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND CiTY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-29 by title. MOTION by Cartwright/Paul I move to approve the first reading of Ordinance 97-29, and set the second reading and public hearing for May 28, 1997. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 97.042 First Reading of Ordinance 0-97-33 - Set Second Reading and Public Hearing fox 5/28/97(Director of Commun[t~ De'~tloll~er~t Txansmittal 4/17/97, 0-97-33) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.2., 20A-4.5., 20A-4.6., 20A-4.7., 20A-4.8., AND 20A-4.9. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY SUBSTITUTING FUTURE LAND USE DESIGNATION FOR ZONING DISTRICT AND ADDING FUTURE TO LAND USE MAP; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 12 Regular City Council Meeting April 23, 1997 Page Thirteen The City Attorney read Ordinance No. 0-97-33 by title. A brief discussion of the replacement of zoning district with future land use designation took place. The Director of Community Development explained the importance of the comprehensive plan and PUD procedures. The City Attorney and City Manager echoed his statements about the importance of the comprehensive plan over zoning regulations. MOTION by Taracka/Paul I move to approve the first reading of Ordinance 0-97-33, set a second reading and public hearing for May 28, 1997. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97.043 Ko First Reading of Ordinance 0-97-34 - Set Second R~acli~g and Public Hearing for ~[28j97 (,Director of Community Development Tr. aIl,~mittal 4/17/97, 0-97-34) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4,6., 20A-4.7., 20A-4.9., 20A-4.10., 20A-4.11., 20A-4.12, 20A-4.13., 20A-4.14, 20A-4.16, OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR MAYOR, CITY CLERK, AND CITY ENGINEER AND BY REQUIRING CONSULTATION WITH THE CITY ENGINEER; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-34 by title. Mrs. Sullivan recommended revisions to Sections j and m to include "with concurrence of the City Engineer" and Mr. Taracka noted that "City" should be "County" in j. There were no objections. MOTION by Paul/Sullivan I make a motion to approve the first reading of Ordinance 0-97-34 with modification that Mrs. Sullivan made on item j and m "Community Development Director with concurrence of the City Engineer" added into that section, set as public hearing and second reading for May 28, 1997 and changing "City" to "County" in j. 13 Regular City Council Meeting April 23, 1997 Page Fourteen ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul - aye - aye - aye - aye MOTION CARRIED 5-O 97.044 First Reading of Ordinance 0-97-35 - Set Second Reading and Public Hearing for 5/28/97 (Dkector of Community Dev~lol>_m~rtt_ Tr~n~mi~t~! qlZ/97, D-_97-35,~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A4.5.B., 20A4.9., AND 20A-4.10., OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY PROVIDING FOR APPROVAL BY THE CITY COUNCIL, REQUIRING A PREAPPLICATiON CONFERENCE, PROVIDING FOR PUBLIC NOTICE, PROVIDING FOR A WPdTTEN REPORT FROM THE PLANNING AND ZONING TO THE CITY COUNCIL, AND PROVIDING FOR CITY COUNCIL DENIAL OF AN APPLICATION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-35 by title. MOTION by Paul/Taracka I move that we approve the first reading of Ordinance No. 0-97-35, set a public hearing and second reading for May 28, 1997. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 14 Regular City Council Meeting April 23, 1997 Page Eighteen 97.045 M. First Reading of Ordinance Q-97-;}6 - Set ~;~cond Reading and Publi~ Hearing for 5/28/97 (Director of Community Development Transmittal 4/17/97, 0-97-36) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-4.6 AND 20A-4.8 OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY EXCLUDING WHOLESALE PRODUCTION AND DISTRIBUTION BAKERIES AND CORRECTING A SECTION REFERENCE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-36 by title. MOTION by Paul/Taracka I move to approve the first reading of Ordinance 0-97-36, set a public hearing and second reading for May 28, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.046 N. First geading of Ordinance O-97-37 - Set Second Reading and Public Hearing. for 5/28/97 [Dir~t.9[ of Community Development Transmittal 4/17/97, 0-97-37) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 16.1, 20A- 16.2, AND 20A- 16.3., OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE SUBDIVISION OF LAND BY DELETING THE MINOR SUBDIVISION CLASSIFICATION AND PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-37 by title. MOTION by Cartwright/Paul I move to approve the first reading of Ordinance 97-37, set second reading and public hearing for May 28, 1997. 15 Regular City Council Meeting April 23, 1997 Page Sixteen ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka - aye - aye - aye - aye - aye MOTION CARKIED 5-0 97.047 First Reading of Ordinance 0-97-38 - Set Second Reading and Public Hearing for 5/28/97 (Director of Community Developnaenl Transr~ittal 4/_l?/97, o-~_7-) 8.) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-16.2 AND 20A-16.4 OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE SUBDIVISION OF LAND BY SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR THE CITY CLERK, CITY ENGINEER, CITY COUNCIL, AND DESIGNATED STAFF OR REViEWING ENTITY BY INCLUDING THE DEVELOPER'S AGENT AND BY CLARIFYING THE PLANNING AND ZONING COMMISSION RECOMMENDATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-38 by title. Mrs. Sullivan recommended revisions to again include "with concurrence of the City Engineer" in b and changing the word "application" to "applicant" in one occurrence in c. The City Manager concurred with her. MOTION by Taracka/Paul I move to approve the first reading of Ordinance No. O-97-38 and set a public hearing and second reading for May 28, 1997 adding "the concurrence of the City Engineer" and "applicant". ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 16 Regular City Council Meeting April 23, 1997 Page Twenty-One 97.050 P. First Reading of Ordinance O-97-41 - Set Second Reading andPublic Hearing for 5/28/97 (Director of Community Development Transmittal 4/17_/97, 0-97-41) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-18.2, 20A-18.3, 20A-18.4, 20A-18.5, AND 20A-18.7 OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE CONSTRUCTION OF REQUIRED IMPROVEMENTS BY SUBSTITUTING COM/vIUNITY DEVELOPMENT DIRECTOR FOR CiTY ENGINEER AND CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-41 by title. MOTION by Paul/Taracka I move that we approve the first reading of the Ordinance 0-97-41, set a public hearing and second reading for May 28, 1997. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 15. CITY COUNCIL MATTERS A. Mrs. Louise Cartwright Mrs. Cartwright asked what remedy the City has when someone defaults on an assessment. The City Attorney advised that liens are placed on properties. She said in a case where a lien is uncollectible Council would have the authority to pay by other means. B. Mr~ Larry Paul Mr. Paul suggested looking into land available east ofi-95 for purchase and annexation. The City Manager said annexation of enclaves can be looked into. He suggested this be brought up at the April 30, 1997 open meeting. 17 Regular City Council Meeting April 23, 1997 Page Eighteen C. Mrs. Ruth Sullivan * Amended to "all" Mrs. Sullivan requested that the mixed parking ordinance and the requirement that a majority of board members be city residents be placed on a future workshop. She requested that COR zoning adjacent to residential be addressed throughout the code of ordinances. At 10:30 p.m. motion was made. MOTION by Taracka/Sullivan I move to extend the Council meeting 30 minutes until 11:00 p.m. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) D. Mayor Walter Barn~ The City Manager gave an update on the air conditioning unit at the Police Department stating that there will be a meeting this week, and bid should go out soon for bid award at the end of June. E. Vice Mayor Richard Taracka The Director of Community Development said the Riverfront Committee will be phasing down by the end of June. 16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:35 p.m. Amended and ~/~ ~// / Approved at the --,_/ , 1997, Regular City Council Meeting. Walter W. Barnes O~'~' ~ / ' Mayor H~lloran, CMC/~ ' City Clerk 18 FORM 8A MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS e <.AST NAME--FIRST NAME --MIDDLE NAME MAILING ADDRESS i2/3' Z_,v o CITY DATE ON WHICH VOTE OCCURRED COUNTY NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE NAME OF STATE AGENCY MY POSITION IS: /~ ELECTIVE D APPOINTIVE WHO MUST FILE FORM 8A This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting con- flict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION'112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective state office may vote on a measure which inures to his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. However, if the officer votes on such a measure he must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A ~business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). APPOINTED OFFICERS: A person holding appointive state office may vote on a measure which inures to his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. However, the officer must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communication, whether made by him or at his direction. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other members of the agency. ° The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: ° You must disclose orally the nature of your conflict in the measure before participating. ° You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM SA- 10-91 PAGE 1 FORM 8A  ST NAME--FIRST NAMF --MIDDI_E NAME MAILING ADDRESS CITY DATE ON WHICH VOTE OCCURRED MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE NAME OF STATE AGENCY COUNI'Y MY POSITION iS: iq APPOINTIVE WHO MUST FILE FORM 8A This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting con- flict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective state office may vote on a measure which inures to his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to thc special private gain of a relative; or to the special private gain of a business associate. However, if the officer votes on such a measure he must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father~in-law, mother~in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). APPOINTED OFFICERS: A person holding appointive state office may vote on a measure which inures to his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. However, the officer must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communication, whether made by him or at his direction. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-inqaw, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: * You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form must be provided immediately to the other members of the agency. o The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: o You must disclose orally the nature of your conflict in the measure before participating. * You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE FORM 8A - 10-91 PAGE I PUBLIC INPUT ON AGENDA ITEMS SIGN-UP SHEET APRIL 23, 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 IJM]T OF 10 MINUTES PER SPEAKER 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: 2- 97.119 B. QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, APRIL 23, 1997 (CONTINUED FROM 4/16/97) Conduct Public Hearing on Sebastian Lakes Shopping Center Final PUD and Final Plat - Consider Adoption of Resolution No. R-97-24 Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET APRIL 23, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPFAKER Name ~ Address: Subject: Name: Address: Subject: Address: Subject: Address: Subject: Name: Address: Subject: Name: Address: Subject: