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HomeMy WebLinkAbout05141997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 14, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (~-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Chaplain Frank Camillo 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR ])i~[~]~TIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 97.131 97.129 97.054 97.132 A. Audit Firm Selection Process Adopt Resolution No. R-97-28 Establishing Audit Firm Selection Procedures and Ratifying Procedures Used for Current Selection (Finance Director Transmittal 5/2/97, R-97-28) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PERMANENT AUDIT FIRM SELECTION PROCEDURES IN ACCORDANCE WITH 11.45 FLORIDA STATUTES; RATIFYING AUDIT FIRM SELECTION PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ii. Interview Audit Firms (Scoresheet) a. O'Haire, Kmetz & Co. b. Hoyman, Dobson & Co. CITY ATTORNEY MATTERS Report on Waterline Special Assessment for Oyster Pointe and Oyster Bay Resort (No Backup) CITY MANAGER MATTER~ 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 - 4/16/97 Special Meeting, 4/23/97 Workshop, 4/23/97 Regular, 4/30/97 Open Forum Adopt Resolution No. R-97-29 Falcon Cable Franchise Additional 60 Day Extension (City Manager Transmittal 5/8/97, R-97-29) A RESOLUTION OF THE CITY COIINCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF TI-LE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Purchase of Two Carryall Utility Vehicles for Golf Course for a Total of $9,310.96 - Piggyback GSA Contract (City Manager/Purchasing Transmittal 5/5/97, Club Car II Information) 2 Regular City Council Meeting 14, 1997 Page CITY ATTORNEY MATTERS 97.129 A. 97.054 97.132 Report on Waterline Special Assessment for Oyster Pointe and Oyster Bay Resort(No ~ackup) The City Attorney said she had contacted an attorney in Tallahassee, who the City Manager had consulted on stormwater issues, who agreed it would be imprudent to refund money to one party without looking at the whole assessment to see if any other errors were made. Mayor Barnes reiterated his conflict of interest and turned the gavel over to Mr. Taracka. The City Attorney said she would advise no action at this time and wait until the City Manager returns to see if he would like to place it on the agenda again. CITY MANAGF~R.IMATTERS None. CONSENT AG_.I~b{DA 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 - 4/16/97 Special Meeting, 4/23/97 Workshop, 4/23/97 Regular, 4/30/97 Open Forum Adopt Resolution No. R-97-29 Falcon Cable Franchise Additional 60 Day Extension (City Manager Transmittal 5/8/97, R-97-29) A RESOLUTION OF THE CITY COUNCIL OF ]'fiE CITY OF SEBASTIAN, FLORIDA, ORANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXIENDED BY PASSAGE OF AN ADDIIIONAL RESOLUTION OF THE ClIY COUNCIL; PROVIDING FOR IHE RETROACTIVE COLLECIION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Purchase of Two Carryall Utility Vehicles for Golf Course for a Total of $9,310.96 - Piggyback GSA Contract (City Manager/Purchasing Transmittal 5/5/97, Club Car II Information) 4 Regular City Council Meeting 14, 1997 Page Five 97.133/ D. 96.098 St. Sebastian PUD Purchase - Approve Conceptual Approval Agreement for State-Cost Share Reimbursement to Indian River County and Authorize Mayor to Execute (City Manager Transmittal 5/8/97, DeBlois Memo 4/18/97, Proposed Agreement w/Exhibit A) 97.134 E. Fourth of July Festivities - Approve Ail Requests of Lions Club, Chamber of Commerce as Submitted Re: Street Closings in Coordination with Police Chief- Use of Yacht Club and Community Center -'Use of Electricity in Riverview Park - LaPorte Farms Animal Petting Zoo - Cathy Lees Pony Rides and Photos - Placement of Advertising Hot Air Balloon on Corner of U.S. I and CR512 - Moonwalk (City Clerk Transmittal 5/6/97, Ellis Letters 3/1/97, Sherbrooke Memo, City Clerk Memo 4/15/97, Chamber Letter 3/21/97, Anderson Letter 4/10/97) 97.135 F. Sebastian Soccer Association - Use of Riverview Park for Annual Family Picnic - Sunday May 18, 1997 - 10 am to 4 pm - 150 People - Request Use of Electricity - $100 Security Required (City Manager Transmittal 5/8/97, Richter Letter dated 5/5/97, Standard Conditions) 97.136 G. MAC Academy of Sebastian River High School - Use of Riverview Park for Barbecue for Students Given by Teachers and Advisory Board - Sunday, June 1, 1997 - Noon to 6 pm - No Electric Required - $100 Security Required (City Manager Transmittal 5/8/97, Wagner Letter 4/30/97, Standard Conditions) The Chief of Police/Acting City Manager read the consent agenda and the City Attorney read Resolution No. R-97-29 by title. Mayor Barnes removed item B and C for Keith Miller and item D for himself, Mrs. Sullivan removed item A and E; and Mrs. Cartwright removed item D for the Director of Community Development. MOTION by Taracka/Cartwright I move to approve items F and G of the consent agenda. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting May 14, 1997 Page Six Item A - Minute~- 4_/.16./97 Special Meeting Mrs. Sullivan expressed concern regarding the title for Resolution No. R-97-23 being in the April 16, 1997 minutes. The City Attorney said legally it will not compromise the city's position and it is unique to the City of Sebastian where most cities provides an application for special use hearing, the City brings a resolution. Mrs. Sullivan amended the April 23, 1997 minutes under her matters stating that "majority" of board members should be changed to "all". MOTION by Sullivan/Barnes I would like to move that the minutes of April 23, 1997 workshop, that the wording be changed to read "and the requirement that all board members be City residents" and I would also add item A. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 ~[~i~ B - R-97-29 Falcon Cable Franchj_se Ext~3~i0~l Keith Miller, 961 Riviera Avenue, expressed concern tbr further extensions and Falcon service. MOTION by Barnes/Cartwright I'll make a motion to approve item B. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 6 Regular City Council Meeting 14, 1997 Page Seven Item C - Golf Course Carry-All Purch.a~¢ Keith Miller asked how general funds can be used. The Finance Director explained that the funds are coming from Golf Course enterprise capital outlay. MOTION by Barnes/Taracka I'll make a motion to approve item C. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 Item D - St_~ba~tiarl.PUD Purchase - Cost Share Agreement The Director of Colnmunity Development explained the purpose of the agreement to provide reimbursement back to Indian River County from the State for the purchase of the St. Sebastian PUD property and had previously distributed a suggested motion and additional backup (see attached). Mayor Barnes asked if it was important that this be approved tonight, to which the Director of Community Development responded he thought there was a deadline. MOTION by Taracka/Barnes I move to approve the Conceptual Approval Agreement for the State-Cost Share Reimbursement to Indian River County and authorize the Mayor to execute with the understanding that the issues raised in the Community Development Director's memorandum of May 8, 1997 to Mr. Roland DeBlois will be addressed in the management plan contelnplated by this agreement. Sal Neglia, 461 Georgia Boulevard, Sebastian, said he was concerned about rushing in to this. Regular City Council Meeting May 14, 1997 Page Eight ROLL CALL: Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - nay Mr, Barnes - aye Mr, Taracka - aye MOTION FAILED 2-3 (Cartwright, Paul and Sullivan - nay) MOTION by Sullivan/Cartwright I would move to reconsider the motion. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Cartwright/Sullivan I move to defer item D of the consent agenda until the City Manager has time to address the issues in front of us. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CA1LRIED 5-0 8 Regular City Council Meeting 14, 1997 Page Nine Item E - 4tll 9f Jul7 Mrs. Sullivan asked why the Yacht Club parking lot would be closed from July 3 to July 5. Al Zukowski spoke on behalf of the Lions stating this is normal procedure. Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the closing and asked why there was no request for food vendors from the Lions. TAPE II - SIDE I (8:35 p.m.) Mrs. Cartwright said she had talked to the City Manager about this and that vendors will be checked. Tut Connolly, Kildare Drive, Sebastian, echoed Mr. Neglia's concerns. Al Zukowski said the Lions Club took over the 4th of July because no one else wanted to do it. Julio Carosi said Lieutenant Sherbrooke can take care of everyone's concerns since he has been involved with the event before. Mayor Barnes said he would check with the City Manager on the Yacht Club parking lot issue. MOTION by Barnes/Taracka I'll move to approve item E of the consent agenda. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:45 p.m. and reconvened the meeting at 8:55 p.m. All members were present. 9 Regular City Council Meeting May 14, 1997 Page Ten 10. IPUBLiC HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation ° Public Input - Limit oflO Minutes Per ,Speaker · StaffSummation Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record 97.021 Second Reading, Public Hearing and Final Adoption of Ordinance No. O-97-12 - (Cor~nlunity Development Transmittal 5/7/97, 0-97-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDUPd~,S KELATED TO CONDITIONAL USES; AMENDINO SECTION 20A4.1 .B. REGARDING PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR A CONDiiIONAL USE PERMIT; AMENDING SECTION 20A-6.1 .C.8.A CORRECTING THE APPLICABLE ZONING DISTKICIS IN WHICH CULTURAL OR CIVIC FACILIIIES ARE PERMITTED; PROVIDING FOR CODnqCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/9/97, Advertised Legal Notices 4/30/97) amended Mayor Barnes opened the public hearing at 9:56 p.m. and the City Attorney read Ordinance No. 0-97-12 by title. Mrs. Sullivan said she was concerned that newspaper notice was not being required and that conditional use permit approvals should go before City Council. The Director of Community Development said these changes are no different than what is currently being done. The City Attorney said if there are substantive changes the ordinance will have to have another first reading. Mayor Barnes said perhaps advertising could be looked at later during a review of home occupational licenses. Keith Miller, 961 Riviera Avenue, Sebastian, addressed Council. Mayor Barnes closed the public hearing at 9:11 p.m. 10 ORegular City Council Meeting May 14, 1997 Page Eleven MOTION by Paul/Cartwright I make a motion for final adoption of Ordinance No. 0-97-12. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - aye MOTION CARRIED 4-1 (Sullivan - nay) 97.024 Second Rea0ing. P~blic Hearing. and Final Adoption of Ordinance No~ O-.97-15 - (Community D~vqlopment Transmittal 5/7/97, 0-97-15) AN ORDINANCE OF TiIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 13.6.E., 20A- 13.7.13., 20A- 13.10.D., 20A- 13.14., 20A- 13.16., AND 20A- 13.17. OF THE LAND DEVELOPMENT CODE REGARDING PROCEDIJRES RELATED TO TREES WITHIN RZQIJIRED LANDSCAPE STRIP, LOCATION OF LANDSCAPE STRIP, INTERIOR LANDSCAPING REQUIILEMENTS, ILEQUIRED LANDSCAPE PLAN SUBMITTAL, MAINTENANCE REQUIREMENTS INCLUI)ING iRRIGATION, VARIANCES; SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR TIlE BUII,DING OFFICIAL, CITY ENGINEER, AND CITY CLERK; SUBSTI'I1J'IlNG THE PLANNING AND ZONING COMMISSION FOR THE CITY COUNCIL; SUBSTITUTING THE STAFF FOR 'ITIE URBAN FOR. ESTER; CORRECTING THE TITLE OF THE BOARD OF ADSUSTMENT; PROVIDING FOR CODiI*'iCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVEILABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 4/9/97, Advertised Legal Notices 4/30/97) Mayor Barnes opened the public hearing at 9:14 p.m. and the City Attorney read Ordinance No. 0-97-15 by title. Being no input, Mayor Barnes closed the public hearing at 9:'15 p.m MOTION by TarackedSullivan I move to approve Ordinance 0-97-15. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 11 Regular City Council Meeting May 14, 1997 Page Twelve 97.027 C. Second R~li~g, Public Hearing and Final Adoption of Ordinance No, O-97-18 - (Community D_.e,v¢loplnent Transmittal 5/7/97, 0-97-18) AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDiNG SECTIONS 20A-10.2.G. AND 20A-10.2.H.3. OF IHE LAND DEVELOPMENT CODE RELATiNG TO PROCEDURES REGARDING APPLICABILIIY AND FILINO PROCEDUILES FOR SiTE PLANS, CONSIDERATIONS IN REVIEWING SITE PLANS, FLOOD PRONE LAND AND WETLAND PRESERVATION, DEFINITIONS, SURFACE WATER MANAOEMENT PERMIT APPLICATION AND REVIEW ADDIIIONAL CONSIDERATIONS IN SITE PLAN REVIEW, INFORMATION IO BE INCLUDED iN A SITE PLAN, APPROVAL, DISAPPROVAL AND APPEALS, AND TERMINATION, EXTENSION AND TRANSFERABILIIY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/9/97, Advertised Legal Notices4/30/97) The City Attorney read Ordinance No. O-97-18 by title and Mayor Barnes opened the public hearing at 9:17 p.m. Mayor Barnes closed the public hearing at 9:17 p.m. MOTION by Paul/Taracka I make a motion to adopt final adoption of Ordinance O-97-18. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97.028 Seco_n_.0 R~a. cling, Pul~lic Hearing and Final Adoption of Ordinance NO, O-97-19 - (Community Development Tran~j[t31 ~/7197.0-97-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER CO[INTY, FLORIDA, AMENDING SECTION 20A- 10.2.1'I. I0. OF TIlE LAND DEVELOPMF2qI CODE RELAIING TO PROCEDURES, AMENDING SURFACE WATER MANAGEMENT PERMIT APPLICATION AND I>~EVIEW PROCEDUI[E BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/9/97, Advertised Legal Notices 4/30/97) the City Attorney read Ordinance No. 0-97-19 by title and Mayor Barnes opened the public hearing at 9:18 p.m. Mayor Barnes closed the public hearing at 9:18 p.m. 12 ORegular City Council Meeting May 14, 1997 Page Thirteen 97.030 E. MOTION by TarackedSullivan I move to approve Ordinance O-97-19. ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Second Reading, Public H_earing_0_ad Final Adoption of Ordinance No. O-97-21 - (Community Development Transmittal 5/7/97. O-97-;}'[) AN ORDINANCE OF THE CITY OF SEBASTIAN. iNDiAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- l 1.2.E. OF THE [.tL.ND DEVELOPMENT CODE I~7.LATING TO PROCEDURES FOR LAND DEVELOPMENT CODE ENFORCEME2~rF. BOARD OF ADJUSTMENT RULES OF PROCEDUKES. PROCESSING MATTERS BEFORE THE BOARD OF ADJUSTMENT. PLANNING AND ZONING COMMISSION OFFICERS. PLANNING AND ZONINO COMlvILSSION REVIEWS REQ[JIRED, CITY COUNCIL'S ROLE. ADOPTING. SUPPLEMENTING OR AMENDING THE ZONING ORDINANCE, PUI31,IC HF&PdNGS, AND AIvIENDINO THE COMPREHENSIVE PLAN; PROVIDING FOR CODWICATION; PROVIDING FOR C()NFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/9/97, Advertised Legal Notices 4/30/97) The City Attorney read Ordinance No. 0-97-21 by title and Mayor Barnes opened the public hearing at 9:19 p.m. Mrs. Sullivan again requested newspaper notice be added in. The Director of Community Development said an amendment to Section 20A-11.7 will list required public notices. Mayor Barnes closed the public hearing at 9:21 p.m. MOTION by Cartwright/Taracka I move to adopt Ordinance 97-21. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay MOTION CARRIED 4-1 (Sullivan - nay) 13 City Council Meeting May 14, 1997 Page Fourteen 97.031 F. ~ecorld Reading, Public Hearing and Final Adoption of Ordina_.!ice No, O-97-;~ - (Community Development Tran3_mjttal 5/7/97, 0-97-22) AN ORDINANCE OF TI-~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- l 1.3.D. OF ii-YE LAND I)EVE1A')PMENT CODE RELATING TO PROCEDURES FOR PLANNING AND ZONING COMMISSION REVIEWS REQUII{ED; PROVIDING FOR CODWiCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/9/97, Advertised Legal Notices 4/30/97) The City Attomey read Ordinance No. 0-97-22 by title and Mayor Barnes opened the public hearing at 9:22 p.m. Keith Miller asked the definition of conflicts. Mayor Barnes closed the public hearing at 9:23 p.m. MOTION by Sullivan/Paul I move to adopt Ordinance 0-97-22. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.032 G. S~goncl Reading, Public Hearing and Final Adoptioln o_f Qrdinance lhl~ 0-97-23 - (Community Development Trar~mjttal 5/7/97, O-97-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- l 1,4 OF IHE LAND DEVELOPMENT CODE RELATING TO ClIY COUNCIL'S ROLE; PROVIDING FOR CODIFICAIiON; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EI:FECTIVE DATE. (1 st Reading 4/9/97, Advertised Legal Notices 4/30/97) The City Attomey read Ordinance No. 0-97-23 by title and Mayor Barnes opened the public hearing at 9:24 p.m.. Being no input, Mayor Barnes closed the public hearing at 9:24 p.m. ¸14 Regular City Council Meeting 14, 1997 Page Fifteen MOTION by Paul/Taracka I move to adopt Ordinance No. 0-97-23. ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka - aye - aye - aye - aye - aye MOTION CARRIED 5-0 97.033 Second Re.ading, Public Heariog. and Final Adoption of Ordinance No, 0-97-7.4 - (Community Development Transmittal 5/7/97, 0-97-24) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOILIDA, AMENDING SECTION 20A- l 1.6. OF THE [AND DEVELOPMENT CODE RELATING TO PROCEDURES FOR ADOPTING, SUPPLEMENTING OR AMENDING THE ZONING ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/9/97, Advertised Legal Notices 4/30/97) The City Attorney read Ordinance No. 0-97-24 by title and Mayor Barnes opened the public hearing at 9:25 p.m. Mrs. Sullivan again suggested adding in newspaper notice and questioned whether Council is limited to criteria listed in C. 1-10 in determining zoning and the City Attorney responded this is minimum criteria. Mayor Barnes closed the public hearing at 9:27 p.m. MOTION by Taracka/Paul I move to approve Ordinance 0-97-24. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 15 ORegular City Council Meeting May 14, 1997 Page Sixteen 97.035 I. 11. Second Reading, Public Hearing and Final Adoption of Ordinance No, 0-97-26 - (CQrornunity D~velopment Tra_n~mittal 5/7/97, 0-97-26) AN ORDiNANCE OF TIlE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 11.8 OF THE LAND DEVELOPMENT CODE RELAIING IO PROCEDURES FOR AMENDING THE COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILrrY; AND PROVIDING FOR AN Ei;I, ECTIVE DATE. (1 st Reading 4/9/97, Advertised Legal Notices 4/30/97) The City Attorney read Ordinance No. 0-97-26 by title and Mayor Barnes opened the public hearing at 9:28 p.m. Being no input, Mayor Barnes closed the public hearing at 9:28 pm. MOTION by Paul/Taracka I move that we adopt Ordinance 0-97-26. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS FROM THE PU]3LIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Mary Ann Shaw, 106 Empire Drive, Sebastian, thanked Council for responding to her recent Cornerstone concerns as stated at the April 30 forum, but wondered why the City had agreed to close Empress Avenue for Sebastian Island Subdivision. She said property owners were not noticed of the City meetings that were held with Cornerstone and asked that Council rescind their vote on the Cornerstone agreement. The City Attorney said Council entered into an agreement and took subsequent actions in compliance with the agreement. TAPE II - SIDE II (9:37 p.m.) 16 Regular City Council Meeting 14, 1997 Page Seventeen 97.137 12. Mayor Barnes advised Mrs. Shaw that she would probably not get an answer tonight but that he would talk to the City Manager and ask him to contact Mrs. Shaw. The Director of Community Development said there were time frames in the agreement which were waived by both parties. The City Attorney said she would provide Mrs. Sullivan with a copy of the agreement. COMMiTTEI~ REPQRTS/RECOMMENDATIONS A. Citizen Advisory Task Force (Director of Community Development Transmittal 5/1/97) I. ACCePt Resignation of Stanley Krulikowski (Letter of Resignation) MOTION by Taracka/Sullivan I make a motion to accept the resignation of Stanley Krulikowski. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 ii. interview All Applican[~ (Applic04ions, t/29/97 CA_T]? Minules) City Council interviewed Cindy Dierkes, Diane Reynolds, Sal Neglia, and Chuck Neuberger. Richard Walter and Tut Connolly were not present. a. Appoint Two Regular Members MOTION by Sullivan/Taracka I would like to nominate Thomas Connolly to the regular position on the on the task force. 17 oRegular City Council Meeting May 14, 1997 Page Eighteen ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) MOTION by Paul/Cartwright I'd like to nominate Cindy Dierkes for the regular member position on the Citizens Advisory Task Force. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - nay Mr. Taracka - nay MOTION FAILED 2-3 (Sullivan, Barnes, Taracka - nay) MOTION by Taracka/Sullivan I'd like to nominate Sal Neglia for the regular position on the CATF. ROLL CALL: Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay MOTION CARRIED 3-2 (Paul, Cartwright - nay) b. Appoint TWO Alternate Members MOTION by Sullivan/Cartwright For the first alternate I would like to nominate Chuck Neuberger. 18 Regular City Council Meeting 14, 1997 Page Nineteen ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul - aye - aye ~ aye - aye - aye MOTION CARRIED 5-0 MOTION by Taracka/Sullivan I'd like to nominate Cindy Dierkes for the second alternate position. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 13. OLD BUSINI~$$ - None 14. NEW BUSINESS 97.138/ 96.179 Re~tu~:t~ Apgrx>yal to Solicit Bids for Improvem.~nl;$ tQ the Barber Street Sports Complex in Advance of the Water Management Permit (City Manager Transmitt[I 5/8[97. Hill Letter ~v_/~Attachments) John Hill, Craven Thompson, gave a brief presentation of the design. Keith Miller recommended building up the property and Chuck Neuberger said he had see. n this design functioning well in other places. MOTION by Taracka/Paul I move to approve the soliciting of bids for Phase I with a bid for Phase II alternate. 19 Regular City Council Meeting 14, 1997 Page Twenty ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 97.139 First_B, eacling of Ordinance No. O-97-46 - Set Seconc! Rei~ding, Public Hearing and Final Acloption for 6/LId97 (Finance Director Transmiit. gl ~_/7/97. 0-97-46) AN OKDiNANCE OF TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN PdVER COUNTY, FLORIDA, AMENDING TIlE BIJDGET FOR TILE.*, FISCAl, YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997; DETERMINING AND FIXING TIlE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING ILECEiPTS AND EXPENDITURES FOR THE GENERAL FUND, EXHIBIT "A', GOLF COURSE FUND, EXHIBIT "B", AIRPORT FUND, EXHIBIT *~C", SPECIAL REVENUE FUND, EXHIBIT "D" AND DEBT SERVICE FUND, EXI-[IBII "E"; AND CHANGES IN PERSONNEL CLASSIlrlCATIONS IN PUBLIC WORKS, EXHIBIT "F"; PROVIDING FOR SEVEItABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-46 by title only. The Finance Director gave a brief explanation of the amendments. Mrs, Cartwright requested that the legality of expending funds that are not budgeted be looked into prior to the second reading. TAPE III - SIDE I (10:20 p.m.) Whether or not the positions could be advertised prior to final adoption. MOTION by Taracka/Sullivan I move to approve the first reading of Ordinance 0-97-46, the second reading, public hearing and final adoption on Ordinance 0-97-46 for Wednesday, June 11, 1997. ROLL CALL: Mrs. Cartwright - nay Mr. Paul - aye Mrs. Sullivan - aye Mr. iBarnes - aye Mr. Taracka - aye MOTION CARRIED 4-1 (Cartwright - nay) 20 Regular City Council Meeting 14, 1997 Page Twenty-One 97.022 C. First Reading of Ordinance No,_ O-97-13 - Set Second Reading, Public H~aritag and Final Adoption for 6/11/97 (Director of Community Development Tr~lnsmit.tal ~5,/7/97, O-97-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 7.3.B. AND 20A-7.4.G.6. OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO PERFORMANCE STANDARDS, PROCEDURJS~S FOR ENFORCEMENT, SPECIYIC STANDARDS FOR NIIISANCE ABATEMENT; SUBSTITUTING COMMUNITY DEVELOPMENI DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODWiCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DAiE. The City Attorney read Ordinance No. O-97-'I 3 by title only. Mrs. Sullivan requested that "in consultation with a written report by the City Engineer" be included and the Director of Community Development suggested "with the concurrence of the City Engineer". MOTION by Sullivan/Taracka I would move to extend the meeting time for a half hour. ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mrs. Sullivan suggested a limitation on construction activity extensions. Discussion continued on the need for a City Engineer written report. MOTION by Cartwright/Paul I move to accept the first reading of Ordinance 97-13 and set a second reading and public hearing for June 11, 1997. ROLL CALL: Mrs. Sullivan - nay Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye ' Mr. Paul - aye MOTION CARRIED 4-I (Sullivan - nay) 21 oRegular City Council Meeting May 14, 1997 Page Twenty-Two 97.029 D. First Reading of Or0i~aance No. 0-97-20 - Set Second R¢o,0hlg, Pul~lic Hearing and Final Adoption for 6/11/97 (Director of Community Development Transmittal 5/7/97, 0-97-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN PdVER COUNTY, FLORIDA, AMENDINO SECTIONS 20A- l 1.1, 20A-11.2.C.3., AND 20A-11.3.C.3.a. OF IHE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR LAND DEVELOPMENT CODE ENFORCEMENT AND II-tE BOARD OF ADJUSTMENT RULES OF PROCEDURES SUBSTITUTING TI-IE COMMUNITY DEVELOPMENI DIILECTOR FOR BUILDINO OFFICIAL, MAYOR, AND CITY CI,ERK, SUBSTITUTING THE CITY MANAGER FOR TIlE CITY COUNCIL, PROVIDING FOR APPEAl, OF THE COMMUNITY DEVELOPMENT DIRECTORS ACTION TO THE PLANNING AND ZONING COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-20 by title only. Mrs. Sullivan requested that "official" be added prior to "minutes" on page 6 paragraph (c). MOTION by Sullivan/Taracka I would move that the first reading of Ordinance 0-97-20 with the correction on circle 227, insert the word "official" so that it will read "The official minutes of the proceedings, showing the vote of each member upon each matter of business (including absent members and members failing to vote for other reasons) shall be filed with the office of the city clerk" and that we set the public hearing and second reading for June 11, 1997. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 97.034 E. Fir~sl;l~eading of Ordinance No~ 0-97-25 - Set Second Reading, Pu_blJ~; l-leafing and Final Acloption for 6/11/97 (Director 9[Corrlmunity Development Trar~rnittal 5/7/97, O-97-2~ AN OPd3INANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- l 1.7. OF THE LAND DEVELOPMENT CODE REI.,,ATING TO PROCEDURES FOR PIJBLIC HEARINGS; PROVIDINO FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-25 by title only. 22 Regular City Council Meeting 14, 1997 Page Twenty-Three 97.040 F. Mr. Taracka requested that 'hnay be posted" be changed to "shall be posted" on page 3(a). MOTION by TarackedSullivan I move to approve the first reading of Ordinance 0-9%25 and set a public hearing for June 11, 1997 including the word "shall" in subsection (a). ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 First Reading of Ordinance No, 0-97-31 - Set Second Reading, PubliC Hearing and Final.Adoption for 6/11/97 (Director of Community Development Transmittal 5/7/97, 0-9%31) AN ORDINANCE OF THE CITY oF SEBASTIAN, INDIAN R1VER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 17.1 AND 20A-17.2. OF TiIE I,AND DEVELOPMENT CODE RELAIING TO PROCEDURES REGARDING REQUIRED IMPROVEMENTS AND DESIGN STANDARDS FOR SUBDIVLSIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER, REQLrIRING CONSULTATION WITH THE CITY ENGINEER, SUBSIITUTING INDIAN RIVER COUNTY UTILIIIES DEPARTMENT FOR CITY ENGINEER RELATING TO CENTRAL WATER SYSIEMS, BY CLAI~IFYING PERMIT REQUIRED FOR FILL IN A MUCK OR CLAY ARb, A; PROVIDING FOR CODIFICATION; PROVI13ING FOR CONFLICTS; PROVIDING FOR SEVERABILIIY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-31 by title only. Mrs. Sullivan said she would prefer a written report from the City Engineer. MOTION by Cartwright/Taracka I move to accept the first reading of Ordinance 97-31, set public hearing and second reading for June 11, 1997. 23 Regular City Council Meeting 14, 1997 Page Twenty-Four 97.041 G. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 4-1 (Sullivan - nay) First Reading of Ordinance No. 0-97-32 - Set Second Reading. Public Hearing and Final Adoption for 6_/11_/97 (Director of Community Development; Trar~smittal 5/7/97. 0-97-32) AN ORDINANCE OF TtIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 17.2. OF IHE LAND DEVELOI:'MENT CODE RELATING IO PROCEDURES REOAIG)ING REQUIRED IMPROVEMENTS AND DESIGN STANDAiLDS FOR SUBDIVISIONS BY REQUIRING INDIAN RIVER COUNTY UTILITIES DEPARTMENT REVIEW AND APPROVAL OF CENTRAL WASTEWATER SYSTEMS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILIIY; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-32 by title only. MOTION by Taracka/Sullivan I move to approve the first reading of Ordinance 0-97-32 and set the public hearing and second reading for June 11, 1997. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 24 Regular City Council Meeting 14, 1997 Page Twenty-Five 97.048 H. First Readigg 9f Ordinance No. 0-97-39 - Set Second Reading, Public Hearjng lind Final Adoption for 6/11/97 (Dir~c_tor of Community Development Transmittal 5/7/97, 0-97-39) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 9.7.F.4. OF THE LAND DEVELOPMENT CODE I~EGAILDING PROCEDURES RELATING TO MAJOR SUBDIVISION PROCEDU1LES BY REQUIRING A PI?~E-APPLICATION MEETING AND REVISING THE REQUIRED iNFORMATiON TO BE PROViDED AT THE I'RE-APPLICATION MEETING, BY SUBSTITUTING PLAT FOR PLAN, BY REQUIRING COPIES OF INFORMATION PROVIDED TO BE IN A 8 1/2 INCH BY 11 INCH FORMAT, BY REQUIRING A CONCEPTUAL MASTER SIORMWATER PI.AN FOR A PILELLM1NARY PLAT, BY REQUIRING STATEMENTS OF COMPLIANCE, BY ELIMINATING TIlE REFERENCE TO REQUIRED IMPROVEMENTS IN THE PRELIMINARY PLAT, BY SUBSTITUTING APPLICATION FOR APPLICANT, BY PROViDING PROCEDURES FOR REQUIRED IMPROVEMENT DESIGN APPROVAl. BY PROVIDING FOR CITY COUNCIL APPROVAL OF A FINAL PLAT, BY ~ING THE I~EQUIRED COMPLIANCE, BY MODIFYING TIlE TIME RESTRICTIONS ON DEVELOPMENT, BY PROVIDING FOR THE APt'LICATION OF FINAL PLAT APPROVAL TO TIlE COMMUNITY DEVELOPMENT DEPARTMENT, AN[) BY ELIMINATING REFEPdX~NCE TO Tt-~ APPENDIX; PROVIDING FOR CODIFICATION; PROVIDING FOR CONELICTS; PROVIDING FOR SEVEILM3ILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-39 by title only. Mrs. Sullivan asked the difference in scale. The Director of Community Development said he would review this and report back at the second reading. Mrs. Sullivan suggested in the last sentenc'e on page 12 "Community Development Director" replace "applicant". Mrs. Sullivan suggested that "for 18 months" be inserted in paragraph D on page 10 in the sentence "No such required improvements including streets, drainage and other required facilities shall be accepted and maintained by the city .......... ". The Director of Community Development said he would determine the start date and come back with the change. Mr. Taracka noted the word "may" should be stricken on page 2 in paragraph A. The meeting ended at 11:00 p.m., therefore, this item will have to come back revised for first reading. 25 City Council Meeting May 14, 1997 Page Twenty-Six The folio_wing items and Ordknance No. 0-9%:39 will be carried for~ard to the beginning of tht May 28, 1997 Regtflar Meeting. 97.049 I. First Reading of Ordinance No. O-97-40 - Set Second Reading, Public Hearing and Final Adoption for 6/11/97 (Director of Community Development Transmittal 5/7/97, O-97-40) 97.140 J. Alq ORDINANCE OF Ti IE CiTY OF SEBASTIAN, INDIAN RIVER COIJN-fY, FLOI~iDA, AMENDING SECTIONS 20A- l 8.2, 20A-18.6, AND 20A-18.7. OF TI-IE~ 1,AND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO It-!E CONSTRUCTION OF Pd~QUIRED IMPROVEMENTS BY PROVIDING IHAI CONS'rRUCTION MAY BEGIN AFIER APPROVAL OF THE REQUIRI£D IMPR()VEMENTS DESIGN, BY AMENDING THE TIME EXTENSION PROVISIONS, ANI) BY MODIFYING TIIE ACCEPTANCE AND MAINTENANCE OF REQLr[RED iMPROVEMFNTS PROVISIONS: PROVIDING FOR CODiI:ICATION; PROVIDING F()R CONFLICIS; PROVIDING FOR SEVEI~M:JILITY; AND I-,R()VIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. O-97-45 - Set Second Reading, Public Hearing and Final Adoption for 6/11/97 (Director of Community Development Transmittal 5/7/97, O- 97-45) AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF SEBASTIAN, INDIAN R/VER COUNTY, FLORIDA, AMENDING THE CODE OF OI,?33INANCES IO I~dgQUI~E TERMITE SII1ELDS ON ALL NEW CONSTRUCTION OF WOOD FILtuME BUILDINGS AND STUCCO STOPS ON ALL NEW CONSTRUCTION OF STUCCO BUILDINGS, PROVIDING FOR CODIIqCATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILIiY, AND PROVIDING FOR AN EFFECTIVE DATE. 97.141/ K. 96.013 ~rmual Review of City Attorney Contract (Cit7 Manager Transmittal 5/8/97, Em~IQym¢lat Agreement) This item had been previously deferred to the May 28, 1997 meeting. 15. CITY COUNCIL MATTERS Approved at the //C/t~ * as amended{, Kathryn l~I. O'Hhll6'fan, CMC/AAE City Clerk 1997, Regular City Council Meeting. Walter W. Barnes Mayor 26