HomeMy WebLinkAbout05281997 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 28, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the
item by the City Council - limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Police Chaplain, Frank Camillo
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIQNS)
Items not on the written agenda may be added only upon majority vote of City Council
members (R-97-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
97.150 A. Presentation of Tree City USA Plaque and Flag (Director of Community Development Transmittal
5/22/97)
97.151 B. Proclamation - American Home Week - May 25-3 i, 1997 - Peter Armfield Accepting on Behalf of
Realtors Association of Indian River County
7. ITEMS DEFERRED FROM MAY 14, 19~97 REGULAR MEI~TING DUE TQ LACK OF TIME
97.048
97.049
97.140
97.152
First R~ading of Ordinaoq~ No. 0-97-39 - $~1 Second Reading~p~blic Hearing and
Final A~ioption for ~ 6/25/97 (Director of ~2ommunity Development Transmittal 5/7/97,
0-97-39)
AN ORDINANCE OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
9.7.F.4. OF ~ LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO MAJOR SUBDIVISION
PROCEDURES BY REQUIRING A PRE-APPLICATION MF~TING AND REVISING THE REQUIRED INFORMATION
TO BE PROVIDED AT THE PRE-APPLICATION MEETING, BY SUI3STITUTING PLAT FOR PLA~, BY REQUIRING
COPIES OF INFORMATION PROVIDED TO BE IN A 8 1/2 INCH BY I 1 INCH FORMAT, BY REQUIRING A
CONCEPTUAL MASTER STORMWATER PLAN FOR A PRELIMINARY PLAT, BY REQUIRING STATEMENTS OF
COMPLIANCE, BY ELI38INATING THE 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
AMENDING THE REQUIRED COMPLIANCE, BY MODIFYING THE TIME RESTRICTIONS ON DEVELOPMENT,
BY PROVIDING FOR THE APPLICATION OF FINAL PLAT APPROVAL TO THE COMMUNITY DEVELOPMENT
DEPARTMENT, AND BY ELIMINATING REFERENCE TO THE APPENDIX; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Orcli0a.nce No. O-97-40 - Set Second Reading. Public Heari0g.and
Final Adoption.for (zq-bg-7 6/25/97 (.l)irector of Commullity Development Transmittal 5/7/97.
O-97-40)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUlffFY, FLORIDA, AMENDING SECTIONS 20A-
l 8.2, 20A-I 8.6, AND 20A-i 8.7. OF TIIE, LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING
TO THE CONSTRUCTION OF REQUIRED IMPROVEMENTS BY PROVIDING THAT CONSTRUCTION MAY
BEGIN AFTER APPROVAL OF THE REQUIRED IMPROVEMENTS DESIGN, BY AMENDING THE TIME
EXTENSION PROVISIONS, AND BY MODIFYING THE ACCEPTANCE AND MAINTENANCE OF REQUIRED
IMPROVEMENTS PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Jo
l~irst Reading of Ordinance No. 0-9%45 - Set Second Rco0jng. Public Heatlog and Final Adoption
for 6.~I 1/97 6/25/97 (Dire~or of Communil~ Pcvclopment Transwgtal 5/7/97, 0-97-45)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA,
AMENDIN(~ THE CODE OF ORDINANCES TO REQUIRE TERMITE StHELDS ON ALL NEW CONSTRUCTION OF
WOOD FRAME BUILDINGS AND STUCCO STOPS ON ALL NEW CONSTRUCTION OF STUCCO BUILDINGS,
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
CITY COUNCIL MATTERS
A. Councilmember Larry Paul
Mayor Walter Barnes
I. North County Representative to Indian River County Recreation Appointment (New
Item)
C. Vice Mayor Richard Taracka
D. Councilmember Louise Cartwright
E. Councilmember Ruth Sullivan
2
97.153
97.154
97.155
97.156/
96.112
9.
10.
CITY ATTORNEY MATTERS
CITY MANAGER MATT.~EBfi.
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 - 5/7/97 Special Meeting, 5/14/97 Regular Meeting
Adopt Resolution No. R-97-31 - Second Amendment to Interlocal Agreement - Council of Public
Offidals l[City Clexl,_Tr_a~ruJIt015/12/97~ R:97-3 L w/~xn~u~lm~nt. K~ll~r Letter 5/7/97)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION
NO. R-94-08 WHICH AUTHORIZED ENTERING INTO AN INTERLOCAL AGREEMENT WITH INDIAN RIVER
COUNTY, ITS MUNICIPALITIES AND SCHOOL BOARD TO ESTABLISH THE "COUNCIL OF PUBLIC OFFICIALS";
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE "COUNCIL OF PUBLIC OFFICIALS" ADDING
INDIAN RIVER COUNTY HOSPITAL DISTRICT TO THE MEMBERSHIP; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDINO FOR SEVERABILITY; AND
PROVIDINO FOR AN EFFECTIVE DATE.
Adopt Resolufionk,lo. R-97-32~ - Vacatio0.Qf l~tl,~(;:,l~r).t - ~im~$ - ~[ 5, J~lo~_k 445_U~it 17 (City
Gl~rk Tran~mittol 5/22/97, R-97-32, Application, Site Map, Survey, Staff Report, Hill Letter, No
oki~tiou Form~)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EAST .44 FEET OF THE WEST 20 FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT OF LOT 5, BLOCK 445, SEBASTIAN HIGHlaNDS UNIT 17, LESS THE SOUTH 10 FEET
THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46 TO 46P, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Adopt Resolution No. R-97-33 - Vacation of Easement - Hamilton - Lots 18, 19 & 20, Block 4,
Sebastian Grove Estates (City Clerk Transmittal 5/22/97, R-97-33, Application, Survey,
5.taffR.e~ort. Hill Le.t. texA% Obj~gi.otl ~tter oncl Forms)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISItnqG,
ABANDONING AND DISCONTINUING THE SOUTH THREE (3) FEET OF LOT 18, THE NORTH THREE (3) FEET
OFLOT 19, THE SOUTH THREE (3) FEET OF LOT 19 AND THE NORTH THREE (3) FEET OF LOT 20, LESS THE
WEST FIVE (5) FEET THEREOF, ALL OF WHICH ARE LOCATED IN BLOCK 4 OF SEBASTIAN GROVE ESTATES
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED iN PBI 5-85, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN
CONFLICT HEREWiTH; PROVIDING FOR RECORDiNG; AND PROVIDiNG AN EFFECTIVE DATE.
E. Set June 4, 1997 Workshop for Stormwater Matters (City Manager Transmittal 5/23/97)
97.036
11.
PUBLIC HEARING
Procedures for public hearings: ~-97-20
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
° Public Input - Limit oliO Minutes Per Speaker
° Staff Summation
° Mayor Closes Hearing
· Council Action
Anyone }Fishing 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
$?¢ond Reading, Public Hearing and Final Adoption - Ordinance No. 0-97-27 - Tree Protection -
Substituting Titles (Director of Community Developn!~nt Tr_ogtsrnit[a! ~/22/97, 0-_97_-,273
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS
20A-14.2. AND 20A-14.6. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING TREE
PROTECTION BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
97.037
S¢C9t~ l~¢ading, Public Hearing and Final Adoption - Ordinance No. O-97-28 - Clarifying Native
Tree Requirement - Limiting Use of Palms (Director of Community D~_~rdol~menCrrnn$miltn!
5/22/97, 0-97-28)
AN ORDINANCE OF iHE 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 CODIFICAiION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
97.038
Second Reading, Public H~ill'ir~g 01~1 Final Adoption - Ordinance No. O-97-29 - Signs -
Substituting Titles (Dirt;~:Igr 9f_,{20lllm~,mity Development Transmittal 5/22/97, 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-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 SEVE1LABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
[97.042
Second Reading, Public Hearing and Final Adoption - Ordinance No. 0-97-33 - PUD -
Substituting Future Land Use Designation for Zoning District and Add Future to Land Use Map
(Director of Communily Development Transmittal 5/22/97, 0-9%33)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-
4.2., 20A4.5., 20A4.6., 20A4.7., 20A4.8., AND 20A4.9. 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. (lstReading 4/23/97, Advertised 5/14/97, PH 5/28/97)
97.043
Second Reading, Public Heating and Final Adoption - Ordinance No. 0-97-34 - PUD
Substituting Titles - Require Concurrence of City Engineer (Director of Community
Transmittal 5/22[97, 0-97-34)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS
20A4.6., 20A4.7., 20A4.9., 20A4.10., 20A4.11., 20A4.12., 20A-4.13., 20A4.14., 20A-4.16., OF THE LAND
DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY
StIBST1TUTING COMMUNrrY 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.
(1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
97.044
Second Reading, Public Hearing and Final Adoption - Ordinance No. O-97-~35 - PI,JI~ -
Pre-Application Conference and Other Procedures (Director of Community Development
Transmittal 5/22/97, 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 REaX~RT FROM THE PIakNNING AND ZONING TO THE CITY COLINCIL, AND PROVIDING FOR CITY
COUNCiL DENIAL OF AN APPLICATION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
97.045
Second Reading, Public Hearing and Final Adoption - Ordinance No. 0-97-36 - PUD - Exclude
Wholesale Production and Distribution Bakeries (Director of Community Development Transmittal
;5/22/97, O-97-36)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS
20A4.6 AND 20A4.8 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 CODWICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (I st Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
5
[97.046
Second Reading, Public Hearing and Final Adoption - Ordinance No. 0-9%37 - Subdivision of Land
- Deleting Minor Subdivision Classification and Procedures (Director of ¢gmmuai l~¥el.9.p, llaent
Transmittal 5/22/97, 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 TI.IF. SUBDIVISION OF LAND BY DELETING TIlE MINOR SUBDIVISION CLASSIEICATION
AND PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN E}'~ECTIVE DATE. (lst Reading 4/23/97, Advertised 5/14/97, PH
5/28/97)
97.047
Second Reading, Public Hearing and Final Adoption - Ordinance No. 0-97-38 - Subdivisions -
Substituting Titles - Requiring Concurrence of City Engineer (Director of Community Development
Trans~tta| 5/22/97.0-9'/-38~
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
SUBDMSION OF LAND BY SUBSTITUTING TIlE COMIvIIJNITY DEVELOPMENT DIRECTOR FOR THE CITY
C ~LERK, CITY ENG ~INEER, 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. (1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
97.050
~5¢cond Rea{ling Public Hearing and Final Adoption - Ordinance No. O-97-41 - Required
Improvements - Substituting Titles (Director of Community Development Transmittal 5/22/97,
O-97-41)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, 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 TIlE CONSTRUCTION OF REQUIRED IMPROVEMENTS BY SUBSTITUTING
COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER AND CITY CLERK; PROVIDING- FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
97.157
12.
13.
INTRODUCTION 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
A. Tree Advisory Board
I. Interview and Appoint or Re-Appoint Three Regular Members to Two Year Terms (Director
of Community Development Transmittal 5/13/97, Applications, 5/5/97 Minutes)
14. OLD BUSINESS
97.119
97.141/
96.013
15.
97.158
97.159
97.160
083
97.161
97.142
Adopt Resolution No. R-97-34 - Sebastian Lakes Shopping Center Final Pla[ Molli~J~ltj_on (Director
of ColIgnu0ily Development Transmittal 5/22/97, R-97-34, PTC Letter)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, APPROVING THE FINAL
PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT i; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEKEWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Annual Review of City Attorney Contract - Deferred from 5/14/97(City Manager Transmittal
5/23/97, Professional Agreement)
NEW BUSINESS
Acceptance of Grant of Easement from American Legion for Ingress and Egress off Fellsmere Road
in Exchange for In-Kind Services of Grading Parking Lot and Driveway (City Manager Transmittal
5/21/97, Proposed Easement Agreement, Survey Drawing)
Determine if City Council Desires to Proceed Waterfront Land Acquisition - Bird Realty Group, Inc.
(City Manager Transmittal 5/21/97, Proposal, Portions of '97 Capital Improvement Budget)
Surveying Costs Associated with Drainage Design of the Dempsey/Vocelle Drainage Project (City
Manager Transmittal 5/23/97, Capital Improvement Budget Pages, Supplemental Agreement//8,
Masteller Invoice, Hill Memo 4/10/97, Rate Schedule for Masteller)
Request to Realign Barber Street Sports Complex Capital Funds to Provide $75,000 Towards
Installation of Elevated Drainfield and Septic System Associated with Restroom installation for
Sebastian Panthers (City Manager Transmittal 5/23/97, Capital Improvement Budget Pages)
Allow Limited Commercial Advertising in the Form of Corporate Logos on Electronic Scoreboards
at Barber Street Sports Complex (City Manager Transmittal 5/23/97)
First Reading of Ordinance No. O-97-47 - Size of Garage or Carport in MCR Zoning District - LDC
Section 20A-3.1 I.D.6.- Set Second Re0ding, Public; H?aring_and. Fi~[ Agloption for 6/25/97
(,Director of Community Developmctll Transmit!al $122/9Y. Q-97-._47)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
3.11.D.6. OF THE LAND DEVELOPMENT CODE REGARDING MINIMUM SIZE OF A GARAGE OR CARPORT IN
THE MARINE COMMERCIAL AND RESIDENTIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
7
[97.144
FirsLKeading of Or. flillarl~¢ 1',[9, 007-49 - Requiring Accessory Building Permits to be ¢orlsi,ster~t
with Comprehensive Plan - LDC Section 20A-5.7.D.4. - Set Second Reading, Public Hearing and
Final Adoption for 6/25/97 (Director of Community Development Trgnsmittal 5/22/97. 0-97-49)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
5.7.D.4. OF THE LAND DEVELOP~ CODE REGARDING REQUIRING ACCESSORY BUILDINGS TO COMPLY
WITH THE COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDINO FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE.
97.145
Ho
First Reading of Ordinance No. 0-97-50 - Visibility Triangles - LDC Section 20A-13.13 - Set
Second Kcading,.Public He, arj.tag oIld Einnl Adol~fiort for 6/735/97 (Director Of Community
Development Transmittal 5/22/97, 0-97-50)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
13.13 OF THE LAND DEVELOPMENT CODE REGARDING VISIBILITY TRIANGLES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABrt.ITY; AND PROVIDING FOR AN
EFFECTivE DATE.
97.096
16.
First Reading of Ordin~.nce ['IQ, Q-97-5:~ - R¢~i0ential Manufactured Horo~s ,~ P~rmitted Use in
PUD-MH Zoning District - LDC Section 20A-4.8. - Set First Public ISe,3ring for 6/25/97 and
Final Public Hearing and Final Adoption for 7/9/97
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS
20A-3.7 A.ND 20A-4.8 OF THE LAND DEVELOPMENT CODE REOARDINO THE DELETION OF RESIDENTIAL
MANUFACTURED HOMES IN THE PUD-MH DISTRICT, THE MODIFICATION OF THE DEFINITION OF
RESIDENTIAL MANUFACTURED BUILDINO IN THE RMH DISTRICT, PROVIDINO FOR A DEFINITION OF
RESIDENTIAL MANUFAC1RJRED BUILDINO IN PUD-MH, AND PROVIDINO FOR THE USE OF A RESIDENTIAL
MANUFACTURED BUILDINO AS A PERMITTED USE IN THE PUD-MH DISTRICT; PROVIDINO FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDINO FOR AN
EFFECTIVE DATE.
ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANY PERSON WHO DECIDES' TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WiTH THE AMERICANS WITH DIS'ABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Upcoming CiO, Council Meetings:
Workshop - Wednesday, June 4, 1997 ~ 7pm
Regular Meeting- Wednesday, June 11, 1997 (~ 7pm
oWorkshop - Wednesday, June 18, 1997 ~ 7pm
Regular Meeting - Wednesday, June 25, 1997 ~ 7pm
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
MAY 28, 1997 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE
ON THE PREPARED AGENDA - LIMIT OF 10 MINU'IES PER SPEAKER
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
MAY 28, 1997 CITY COUNCIL
SECOND READING, PUBLIC HEARING AND FINAL ADOPTION
,Adoption - Ordinance No. 0-9%27 - Tree Protection
Substituting Titles
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-
14.2. AND 20A-14.6. OF THE LAND DEVELOPMENT
Name:
Address:
Name:
Address:
CODE RELATING TO PROCEDURES REGARDING TREE ......................................................
PROTECTION BY SUBSTITUTING COMMUNITY Name:
DEVELOPMENT DIRECTOR FOR CITY CLERK;
PROVIDING FOR CODIFICATION; PROVIDING FOR Address:
CONFLICTS; PROVIDING FOR SEVERABILITY; AND ......................................................
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading Name:
4/23/97, Advertised 5/14/97, PH 5/28/97) Address:
97.037 B.
Adoption -
Requirement - Limiting Use of Palms
AN ORDINANCE OF T}.lt~. CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
14.12. OF THE LAND DEVELOPMENT CODE ILELATING
Address:
Name:
Address:
TO PROCEDURES REGARDING TREE PROTECTION BY ......................................................
CLARIFYING NATIVE TREE REQUIREMENT, AND
LIMITING THE USE OF PALMS FOR THE TREE
REQIJIREMENT; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (l~tReading 4/23/97, Advertised 5/14/97, PH 5/28/97)
Name:
Address:
Name:
Address:
97.038 C. [Second Reading, Public Hearing and Final
Adoplion - Oxdinon¢~lqo, O-97-29 - Signs - Substituting Titles
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-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. (lst Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
Address:
Name:
Address:
Name:
Address:
Name:
Address:
97.042 D. Second Reading, Public Hearing and Final
P~dopfion - Ordinance No. O-97-33 - PUD - Substituting
Fu[1Jr~ LaM Hs~ ~l]~[~l~Lgoning D~tm) ~d Ad~
Futura mL~ H~
~ O~CE OF T~ CITY OF SEBAST~, ~
~ CO~Y, ~O~A, ~~0 SECTIONS 20A-
4.2, 20A4.5., 20A4.6., 20A4.7., 20A4.8., ~ 20A4.9. OF
~ ~ DE~LOP~NT CODE RELAT~G TO
PR~ED~S ~O~O P~D U~T
DE~~ BY S~S~G ~T~ ~ USE
DESIGNATION FOR ZO~G DIST~CT ~ ~D~G
~ TO L~ USE ~; PROLOG FOR
COD~CA~ON; PROLOG FOR CO~LICTS;
PROLOG FOR SE~ITY; ~ PROLOG FOR
AN EF~CTI~ DATE. (lst Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
Address:
Name:
Address:
Name:
Address:
Name:
Address:
97.043 E. Second Reading. Public Hearing and ]~inol
Adoption - Ordinance No. 0-97-34 - PUD - Substituting Titles
- Require Concurrence of City Engineer
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-
4.6., 20A4.7., 20A4.9., 20A4.10., 20A4.11., 20A4.12., 20A-
4.13., 20A4.14., 20A4.16., OF TIIE LAND DEVELOPMENT
CODE RELATING TO PROCEDURES REGARDING
PLANNEI) UNIT DEVELOPMENT BY SUBSTITUTING
COMMUNITY DEVELOPMENT DIRECTOR FOR MAYOR,
CITY CLERK, AND CITY ENGINEER AND BY
REQUIRING CONSIJLTATION WITH THE CITY
ENOINEER; PROViDiNG FOR CODIFICATION;
PROVIDINO FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
Address:
Name:
Address:
......................................................
Name:
Address:
......................................................
Name:
Address:
97.044 F. ~gec~d~!jpg~ publ[e Hearing and Final
Adoption - Ol;~ir~aq:~ NO. 0-97-35 - P~ - ~
~p~qation Conference and Other Procedures
~ O~CE OF T~ CITY OF SEBAST~, ~
~ CO~Y, ~O~A, ~~O SECTIONS 20A-
4.5.B., 20A4.9., ~ 20A4.10., OF I~ L~
DE~LOP~NT CODE ~T~G TO PROCED~S
REG~G PL~D ~T DE~LOP~NT BY
PROLOG FOR ~PROV~ BY T~ CITY CO~C~,
~Q~G A P~PLICATION CO~NCE,
PRO~G FOR P~LIC NOIICE, PRO~G FOR A
~~RT ~OM ~ P~G ~D ZONING
TO T~ CITY CO~C~, ~ PROLOG FOR CITY
CO~C~ DE~ OF ~ ~PLICATION; PRO~G
FOR COD~CA~ON; PRO~G FOR CO~ICTS;
~O~O FOR ~~iTY; ~ PRO~ING FOR
~ EF~CT~ DA~. (1 st Reading 4/23/97, Advefli~d
5/14/97, PH 5/28/97)
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
2
97.045 O. ~.~[~ ~,eq0ing. publig Hearing and Fi,mi
Adoption - Or~inance~o, O-~7-3~ - P~ - ~clude Wholesale
pr~uction an~Di~i~tion B~jes
~ O~CE OF T~ CITY OF SEBAST~, ~
~ CO~Y, ~O~A, ~~O SECTIONS 20A-
4.6 ~ 20AM.8 OF T~ ~ DEVELOP~NT CODE
~LAT~G TO PR~ED~S ~G~G PL~D
~T DE~LOP~NT BY EXCL~O ~OLES~E
PRODUC~ON ~ DIST~UTION B~R~S A~
CO~C~O A SEC~ON ~CE; PRO~O FOR
COD~CA~ON; PRO~G FOR CO~LiCTS;
~O~O FOR SE~ITY; ~ PRO~O FOR
~ E~CT~ DATE. (1~ Readiug 4/23/97, Advenised
5/14D7, PH 5/28D7)
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
97.046 H. Second Reading. Public Hearing and Final
Adoption - Ordinance NQL Q-~...7-37 - Subdi.vi$ioq of Land -
D~kli~g Minor $.0b~ljvision Classification and Procedures
AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDINO 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. (lstReading 4/23/97, Advertised 5/14/97, PH 5/28/97)
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
97.0~7 I. Second Reading. Public Hearing and Final
/~¢loption - Ordinance No. 0-97-38 - Subdivisions -
Substituting Titles - Requiring Concurrence of City Engineer
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLOKIDA, ADIENDING 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
DESIONATED STAFF OR REVIEWING ENTITY BY
INCLUDING THE DEVELOPER'S AGENT AND BY
CLAR~YING THE PLANNING AND ZONING
COMMISSION RECOMMENDATIONS; PROVIDINO FOR
CODIlqCATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. Oat Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
97.050 J. [S~cond Reading. Public Hearing and Final
Adoption - Ordinance No. 0-97-41 - Required Improvements -
Substitu~ingXitl~
AN' ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-
l 8.2, 20A- 18.3, 20A- 18.4, 20A- 18.5, AND 20A~ 18.7 OF THE
LAND DEVELOPMENT CODE REGA1LDING
PROCEDURES RELATING TO THE CONSTRUCTION OF
REQUIRED IMPROVEMENTS BY SUBSTITUIINO
COMMUNITY DEVELOPMENT DIRECTOR FOR CITY
ENGINEER AND CITY CLERK; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROViDiNG FOR
AN EFFECTIVE DATE. (lst Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 28, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain, Frank Camillo.
ROLL CALL
City Coua01 P_r~xit:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Sta. ff Present;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
Deputy City Clerk, Sally Maio
City Council Meeting
May 28, 1997
Page Two
97.150
97.151
97.048
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council
members (R-97-21)
None.
PROCLAMATIONS. ANNOUN~I~MI~NT$ AND/OR PRESENTATIONS
Presentatigll of Tree City USA Plaque and Flag (Director of Conlmunity Development Transmittal
5/22/97)
The Director of Community Development, on behalf of the Tree Advisory Board presented the Tree
City USA plaque and flag to Mayor Barnes for City Council.
Pro~lalllation - American Home Week - May 25-31.1997 -_RIP Wheeler Accepting on Behalf of
Realtors Assocjalj01~ of Indian River County
Mayor Barnes read and presented the proclamation to Rip Wheeler, accepting for the Realtors
Association of Indian River County.
ITEMS DEFI~RRED FROM MAY 14. 1997 REGUL&I~ MI~ETING DUE TO LACK OF TIMI~
Fj/~[ lK?ading of Ordinance NQ. 0-97-:39 - ~;~[ ~3w, oncl Reading, Public Heafingand
Final Adoption for ~ 6/25/97 (Director of Conununity I~¥~!opm~rlt~ Transmittal 5/7/97,
0-97-39)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
9.7.FA. OF THE LAND DEVELOPMENT CODE REOARDING PROCEDURES RELATING TO MAJOR SUBDIVISION
PROCEDURES BY REQUIRING A PRE-APPLICATION MEETING AND REVISING THE REQUIRED INFORMATION
TO BE PROVIDED AT ~ PRE-APPLICATION MEETING, BY SUBSTITUTING PLAT FOR PLAN, BY REQUIRING
COPIES OF INFORMATION PROVIDED TO BE IN A 8 I/2 INCH BY 11 INCH FORMAT, BY REQUIRING A
CONCEPTUAL MASTER STORMWATER PLAN FOR A PRELIMINARY PLAT, BY REQUIRING STATEMENTS OF
COMPLIANCE, BY ELIMINATING THE 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
AMENDING THE REQUIRED COMPLIANCE, BY MODIFYING THE TIME RESTRICTIONS ON DEVELOPMENT,
BY PROVIDING FOR THE APPLICATION OF HNAL PLAT APPROVAL TO THE COMMUNITY DEVELOPMENT
DEPARTMENT, AND BY ELIMINATING REFERENCE TO THE APPENDIX; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-97-39 by title only.
Regular City Council Meeting
}May 28, 1997
Page Three
97.049 I.
The Director of Community Development said the effective date would be July l, 1997.
Mrs. Sullivan suggested "one" twelve month period for extensions; and "with bonding to be held by
thc City for eighteen months after completion of construction to guaranty satisfactory conditions";
and asked the City Manager and Community Development Director to set a value for the bond. The
City Manager said this language might need to be modified slightly and those changes can be made
and a bond value set prior to the second reading.
Mrs. Sullivan recommended that recording be done by the City Clerk and not the applicant.
The City Attorney recommended "Acceptance shall be conditioned upon the applicant's posting of a
maintenance bond in a form acceptable to the City which will ensure proper maintenance of the
improvements for 18 months from the date of acceptance by the City."
Mayor Barnes said "may" should be replaced by "shall" and found another occurrence of a
requirement for recording by the City Clerk.
MOTION by Taracka/Bames
I move to approve the first reading of Ordinance 0-97-39 and set a public hearing and
second reading for June 25, 1997 as amended.
ROLLCALL:
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
First Reading 9[ Ordinance No. 0-97-40 - Set Se~ood Reading, Public Hearing aad
Final Adoption fol 6~497 6/25/97 (Director of Co,~almunity Development Transmittal 5L7/97,
O-97-40)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-
l 8.2, 20A-18.6, AND 20A-18.7. OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING
TO THE CONSTRUCTION OF REQUIRED IMPROVEMENTS BY PROVIDING THAT CONSTRUCTION MAY
BEGIN AFTER APPROVAL OF THE REQUIRED IMPROVEMENTS DESIGN, BY AMENDING THE TIME
EXTENSION PROVISIONS, AND BY MODIFYING THE ACCEPTANCE AND MAINTENANCE OF REQUIRED
IMPROVEMENTS PROVISIONS; PROVIDING FOR CODII:ICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-97-40 by title only.
[Regular City Council Meeting
May 28, 1997
Page Four
97.140 J.
The Director of Community Development, in response to Mrs. Cartwright, explained that the City
Engineer supervises construction of projects for the City following approval.
Mrs. Sullivan recommended adding "one" twelve month extension.
MOTION by Taracka/Sullivan
I move to approve the first reading of Ordinance 0-97.40 as amended and set a public
hearing and second reading for June 25, 1997.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
First Reading of Ordinance No. O-97-,~$ - SSt Second Reading, Public Hearing and Fjaal Acl01~ion
for 6/lJ/p~' 6/25/97 (Director of Communi~ De~elgl:~m~tl~ Transmittal 5/7/97, O-97-45)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES TO REQUIRE TERlVIITE SHIELDS ON ALL NEW CONSTRUCTION OF
WOOD FRAME BUILDINGS AND STUCCO STOPS ON ALL NEW CONSTRUCTION OF STUCCO BUILDINGS,
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR Alq EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-97-45 by title only.
Mrs. Cartwright asked if there is a standard of quality for the shield. The Director of Community
Development said termite shields are not included in the Standard Building Code. The City Manager
said staff will establish a standard prior to the second reading.
4
[Regular City Council Meeting
May 28, 1997
Page Five
97.152
MOTION by Sullivan/Cartwright
I would move the fa'st reading of Ordinance 0-97-45 and set the public hearing and second
reading for June 25, 1997.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taraeka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
CITY COUNCIL MATTERS
A. Councilmember Larry Paul
Mr. Paul discussed traffic problems on Periwinkle and Skyline and that the Chief has increased
patrol. The City Manager said Public Works staff advised him they had placed 30 mph speed limit
signs on Skyline.
B. Mayor Walter Barnes
NortJl C0~tY Representative to Indian River County Recreation
Item)
Mayor Barnes appointed Nancy Diamond to the Indian River County Recreation Committee as north
county representative. He said Kay Rogers will continue as alternate.
Mayor Barnes said he would like to get the park ordinance resolved as soon as possible. The City
Manager said he had prepared a draf~ and recommended a workshop meeting prior to a regular
meeting to get it finalized.
Mayor Barnes suggested a workshop in late June or early July to provide an opportunity for each
Council member to submit items of concern to the City Manager for placement on the agenda. It was
decided to have the workshop on Tuesday, June 24, 1997 at 7:00 p.m. Agenda items are to be to the
City Manager by June 10. He inquired about the Riverview Park pier project. The City Manager
said staff has applied and is waiting for the DEP permit.
Regular City Council Meeting
[May 28, 1997
Page Six
C. Vice Mayor Richard Taracka
Mr. Taracka commended the Police Department for its arrest of a murder suspect.
D. Councilmember Louise Camvright
Mrs. Cartwright said St. Johns has approved funds for Indian River Lagoon license plate sales to be
contributed to the cost share agreement with the City for baffle boxes and associated stormwater
management systems; that Paul Risenback was named ISS Golf Course Superintendent of theYear;
commended the Indian River County Health Department, Sebastian Elementary staff and the school
district for TB testing; commended Chris Morrow, Indian River County Traffic, for new traffic lights
at intersections on CR 512; noted Mr. Priore had suggested street lights on Main Street and asked for
an update, to which the City Manager replied they had been requested of FPL; said there was a need
for new reflectors on the island at the intersection of Fleming and Main; said there was a need for
lights at the entrances to Airport Drive West at Roseland to which the
TAPE I - SIDE II (7:48 p.m.)
City Manager suggested lights only at the north entrance since the south will be gated soon; said
she'd had complaints about newspapers thrown on properties and questioned what can be done. The
City Manager said he would check into it.
E. Councilmember Ruth Sullivan
Mrs. Sullivan said she had a tour with Vero Beach Chamber of Commerce of the industrial plants in
the area and had been informed that what drew the owner of one to the area was the fine living
conditions in Indian River County and another said the Police Chief was very knowledgeable with
computers and was updating the department.
8. ~!TY ATTORNEY MATTERS
The City Attorney said she had submitted draft language on boards to City Council last week and said the
City Manager had agreed to give her workshop time to review it; and said that she needed a workshop to
discuss new quasi-judicial procedures language.
9. CITY MANAGER MATTl~RS
The City Manager said he had a request for a joint funding agreement for a 50/50 $35,000 grant for baffle
boxes from St. Johns that he will bring to Council on June 11, 1997. Mrs. Sullivan asked if any of the
community development block grant money can be used for stormwater along the Indian River Drive. The
City Manager said it may and he will look into it.
6
Regular City Council Meeting
28, 1997
Page Seven
The City Manager said a slip accident occurred on the Yacht Club boat ramp, and that Public Works
staff has scraped the ramp and will post caution signs.
10.
CQ~SENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 5/7/97 Special Meeting, 5/14/97 Regular Meeting
97.153
Adopt Resolution No. R-97-31 - Second ~fl~r~t to Interlocal Agreement - Council of Public
Officials L~ity Cl~rk Trgn,smittal 5/12/97, R-97-31 w/Amendment. K~!!~r L~[t~$ 5/7/97)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION
NO. R-94-08 WHICH AUTHORIZED ENTERING INTO AN INTERLOCAL AGREEMENT WiTH INDIAN RIVER
COUNTY, iTS MUNICIPALITI~ AND SCHOOL BOARD TO ESTABLISH THE "COUNCIl, OF PUBLIC OFFICIALS";
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE "COUNCIL OF PUBLIC OFFICIALS" ADDING
iNDIAN RIVER COUNTY HOSPITAL DISTRICT TO THE MEMBERSHIP; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLLrYIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
~97.154
· ~dopt Resolution No. R-97-32 - Vacation of Easem.cnt - :Simes - Lot 5, Block 445, Unit 17 (City
Clerk Transmittal 5/22/97. R,97-32, Application, Site Map, Survey. Staff l~ol:t, Hill Letter, No
Objection Forms)
A RESOLI. FI'ION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, H,ORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EAST .44 FEET OF THE WEST 20 FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT OF LOT 5, BLOCK 445, SEBASTIAN HIGHLANDS UNIT 17, LESS THE SOUTH 10 FEET
THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBi 8-46 TO 46P, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
97.155
Adopt Kesohjti0B No. R-97-33 - Vacation of Easement - I-J. on~jltorl - Lots 18, 19 & 20, Block 4.
SebastiajkOrove Estates (City Clerk TransmittalS~22/.97. R-97-33, Application, Survey,
Staff Regon. t-hll Letter, No Objection Letter and EormO
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE SOUTH THREE (3) FEET OF LOT 18, THE NORTH THREE (3) FEET
OF LOT 19, THE SOUTH THREE (3) FEET OF LOT 19 AND THE NORTH THREE (3) FEET OF LOT 20, LESS THE
WEST FIVE (5) FEET THEREOF, ALL OF WHICH ARE LOCATED IN BLOCK 4 OF SEBASTIAN GROVE ESTATES
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-85, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
97.156/
96.112
Set June 4, 1997 Workshop for Stormwater Matters (City Manager Transmittal 5/23/97)
~Regular City Council Meeting
May 28, 1997
Page Eight
The City Manager read the consent agenda and the City Attorney read titles for R-97-31, R-97-32 and
R-97-33.
Mayor Barnes removed A and C and Mrs. Cartwright removed item C.
MOTION by Cartwright/Taracka
I move to approve items B, D and E of the consent agenda.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Item A - Minute~
Mayor Barnes requested amendment to the May 14, 1997 minutes to change a public hearing
opening time from 9:56 p.m. to 8:56 p.m.
MOTION by Bames/Taracka
I make a motion to accept item A.
Mrs. Cartwright referred to the City Clerk's memo advising of a correction to the May 7, 1997
minutes relative to R.97-30.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Itel~ (~ - R-97-32
Mayor Barnes asked that Mr. Hill's condition be included in the approval and Mrs. Cartwright
agreed and asked that a new section be added. The Director of Community Development suggested
language for a new Section 2 as follows: "The equipment pad may remain in the easement unless and
until the City, in its sole discretion, wants the use of the land for any construction or maintenance
activity" and then renumber subsequent sections.
MOTION by Cartwright/Taracka
I move to adopt Resolution 97-32 as amended.
~ Regular City Council Meeting
May 28, 1997
Page Nine
ROLL CALL:
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
11.
PUBLIC HEARI~IG
Procedures for pub lic hearings: (R-97-21)
Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° Staff Presentation
· Public Input - Limit oflOMinutes 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
97.036
Second Reaclillg. Public Hearing and Final Adoption - Or~ilall~:¢ No, 0-97-27 - Tree Protection -
Substituting Titles (Director of Communi~ ~velopment Transmittal 5/22/97, 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 DEVELOP~ CODE RELATING TO PROCEDURES REGARDING TREE
PROTECTION BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABIL1TY; AND PROVIDING FOR
AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-27 by title and Mayor Barnes opened the public hearing
at 8:08 p.m. Being no input Mayor Barnes closed the hearing.
MOTION by Cartwright/Taracka
I move to adopt Ordinance 97-27.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
28, 1997
Page Ten
97.037 B.
Second Reading, Public Hearillg and Final Adoption - Or~ll~;e NO, O-97-28 - Clarifying Native
Tree Requirement - Limiting Use of Palms (Director of (~ol~murli~ Development Transmittal
5/22/97, 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, A_ND LIMITING THE USE OF PALMS FOR THE TREE
REQUIRElvtENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-28 by title and Mayor Barnes opened the public hearing
at 8:10 p.m. Being no input Mayor Barnes closed the hearing,
MOTION by Sullivanfraracka
I would move the second reading and to adopt Ordinance No. O-97-28.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
97.038 C.
Second Reading, Public Hearitlg and Final.~loptiOn - Ordinance No. O-97-29 - Signs -
Substituting Titles (Director of Comraunily Deygl.gp~0ent Transmittal 5/22/97, 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-15.5.G. OF THE LAND DEVELOPMENT CODE RELATING TO
PROCEDURES REGARDING SIGNS BY SUBSTITUTING COMMU'NITY DEVELOPMENT DIRECTOR FOR
BUILDING OFFICIAL AND CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (i st Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-29 by title and Mayor Barnes opened the public heating
at 8:11 p.m. Being no input Mayor Barnes closed the hearing.
MOTION by Taracka/Paul
I move to adopt Ordinance 0-97-29.
ROLL CALL:
Mr. Paul - aye
Mrs, Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
May 28, 1997
Page Eleven
97.042 D.
97.043 E.
Second Reading. Pul>li.~earing and Final Adoption - Ordinance No, O-97-33 - PUD -
Substituting Futul'~ L~gl Use Designation for Zoning District and Add Futlg-~ ~ ].dlla0 Use Map
(Director of Community Development Transmittal 5/22/9_7,, Q-97-~3)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-
4.2, 20A-4.5., 20A-4.6., 20A4.7., 20A-4.8., AND 20A4.9. OF THE LAND DEVELOPMENT CODE RELATING TO
PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY SUBSTITUTINO 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. (lst Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-33 by title and Mayor Barnes opened the public hearing
at 8:12 p.m. Being no input Mayor Barnes closed the hearing.
MOTION by Cartwright/Paul
I move to approve Ordinance 97-33.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Second Reading, Public Heating and Final Adoption - Ordinance No. O-97-34 - PUD -
Substituting Titles - l~¢~luire Concurrence of City Engineer (Dire~t~>r of Colllmlmity Development
Transmittal ~./22/97, 0-97-34)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDING SECTIONS
20A-4.6., 20A4.7., 20A4.9., 20A4.10., 20A-4.11., 20A4.12., 20A4.13., 20A-4.14., 20A-4.16., OF THE LAND
DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING PLANNED UNIT DEVELOPMENT BY
SUBSTITUTING COMMUNrrY DEVELOPMENT DIRECTOR FOR MAYOR, CITY CLERK, AND CITY ENGINEER
AND BY REQUIRING CONSULTATION WITH THE CITY ENGINEER; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONF~CTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(1 st Reading 4/23/97, Advertisod 5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. O-97-34 by title and Mayor Barnes opened the public hearing
at 8:14 p.m.
Mayor Barnes closed the public hearing at 8:15 p.m.
11
Regular City Council Meeting
t 28, 1997
Page Twelve
97.044 F.
MOTION by Taracka/Paul
I move to approve Ordinance O-97-34.
ROLL CALL:
Mr. Barnes
Mr. Taracka
Mrs. Canwright
Mr. Paul
Mrs. Sullivan
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Se~..ol~ll K~adirlg, public Hearing and Final Adoption - Ordinance No. Q-.97-35 - PUD -
Pre-Application Conference and Other Pro~¢dure~ (Director of Communil;y Development
Transmittal 5/22/97, 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, PROVIDIN(} FOR A
WRITTEN REPORT FROM THE PLANNIN(} AND ZONING TO THE CITY COUNCIL, AND PROVIDINO FOR CITY
COUNCIL DENIAL OF AN APPLICATION; PROVIDINO FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDIN(} FOR AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. O-97-35 by title and Mayor Barnes opened the public heating
at 8:16 p.m. Being no input Mayor Barnes closed the heating.
MOTION by Taracka/Sullivan
I move to adopt Ordinance 0-97-35.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
}May 28, 1997
Page Thirteen
97.045 G.
97.046 H.
See~tgl Residing. Public Hearing and Final Adoption - OrdinanceNo~ O-97-36 - PI, Il) - l~clude
Wholesale Production and Distribution Bakeries (Director of Cotllrrltjllity Development Transmittal
5/22/97, O-97-36)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO SECTIONS
20A-4.6 AND 20A-4.8 OF THE LAND DEVELOPMENT CODE RELATINO TO PROCEDURES REOARDINO
PLANNED UNIT DEVELOPMENT BY EXCLUDING WHOLESALE PRODUCTION AND DISTRIBUTION BAKERIES
AND CORRECTING A SECTION REFERENCE; PROVIDINO FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised
5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-36 by title and Mayor Barnes opened the public hearing
at 8:19 p.m. Being no input Mayor Barnes closed the heating.
MOTION by Taracka/Paul
I move to adopt Ordinance 0-97-36.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Second Reading, Public Heating and Final Adoption - Or~ljnance No, 0-97-37 - Subdivision of Land
- Deleting Minor Subdivision Classiticatiotl ~ll~! Procedures (Director of CommuniW Development
Transmittal 5/22/97, 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 REOARDIN(} PROCEDURES
REI_~TING TO THE SUBDMSION OF LAND BY DELETING THE MINOR SUBDMSION CLASSiYlCATiON
AND PROCEDURES; PROVIDINO FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. (1 st Reading 4/23/97, Advertised 5/14/97, PH
5/28/97)
The City Attorney read Ordinance No. 0-97-37 by title and Mayor Barnes opened the public
heating at 8:20 p.m. Being no input Mayor Barnes closed the hearing.
MOTION by Cartwright/Taracka
I move to adopt Ordinance 97-37.
13
jRegular City Council Meeting
May 28, 1997
Page Fourteen
ROLL CALL:
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
97.047
Second Readillg, Public He~ll~g ~l Final Adoption - Ordinance No. O-97-38 -Subdjyj~ioll~ -
~hjbstitutirlg Titles - Requiriag Concurrence of Cily_~llgitt~er (Director of Community Development
Transmittal 5/22/97, 0-97-38)
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 DF.,SIGNATED 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. (1 st Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-38 by title and Mayor Barnes opened the public
heating at 8:21 p.m.
Mrs. Sullivan requested recording by the "City Clerk" instead of applicant.
Mayor Barnes closed the public hearing at 8:22 p.m.
MOTION by Taracka/Paul
I move to adopt Ordinance 0-97-38.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
14
Regular City Council Meeting
May 28, 1997
Page Fifteen
97.050 J.
Second Reading Public Hearillg and Final Adoption - Ordio~ce No. 0-97-41 - Required
Improvements - Substituting Till~s (Director Of CommuniW Development Transmittal 5/22/97,
O-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 SUBSTITUTIN(}
COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER AND CITY CLERK; PROVIDING FOR
CODIlZlCATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 4/23/97, Advertised 5/14/97, PH 5/28/97)
The City Attorney read Ordinance No. 0-97-41 by title and Mayor Barnes opened the public
hearing at 8:23 p.m.
Mrs. Sullivan suggested bond language be added under "workmanship and material agreement". The
Director of Community Development suggested the second reading of this ordinance be deferred for
the amendment. The City Attorney said this reading could be treated as a first reading.
Mayor Barnes suggested a motion to defer the second reading and adoption to June 25, 1997.
MOTION by Sullivan/Taracka
I would move.
Mayor Barnes then closed the heating, however Mrs. Sullivan noted a typo "plant" should be "plat".
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 8:28 p.m. and mconvened the meeting at 8:45 p.m. All members were present.
TAPE II - SIDE I (8:45 p.m.)
12.
LlXJTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Harry Thomas, 654 Balboa Street, Sebastian, said an American Red Cross member will address the Sebastian
Property Owners on Monday, June 2, 1997 at the North County Library and invited all to attend.
15
Regular City Council Meeting
iMay 28, 1997
Page Sixteen
13. COMMITTEE REPOI~T~[I~COMMENDATIONS
A. Tree Advisory Board
97.157
Ill/,~rvi,~ and Al~point or Re-Appoint Three Regn, il~']M~mbvrs to Two Year Terms (Director
of Communi~ Development Transmittal 5/13/97, Api~lieations. 5/_5{~? Minutes)
City Council interviewed David Cox, the only applicant in attendance. Mrs. Kilkelly had requested
that she be excused.
Mayor Barnes asked if Mr. Cox was appointed to a regular member position could Council fill the
vacant alternate position tonight. The City Attorney said under the City's board resolution every
open position must be advertised for. It was decided to obtain the advertisement to verify what it
asked for and address the matter then.
MOTION by Cartwright/Paul
I move to reappoint to reappoint Shirley Kilkelly for a two year term.
ROLLCALL:
Mr. Taraeka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
MOTION by Taracka/Sullivan
I move to appoint Martha Wininger for the second regular position on the Tree Advisory
Board term to expire on 4/30/99.
ROLL CALL: Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
16
Regular CityCouncilMeeting
May28,1997
Page Seventeen
MOTION by Cartwright./Paul
I move to reappoint Donna Starck as the third regular member.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - nay
Mr. Barnes - nay
Mr. Taracka - nay
Mrs. Cartwright - aye
MOTION FAILED 2-3 (Sullivan, Barnes, Taracka - nay)
MOTION by Taracka/Sullivan
I move to nominate Mr. David Cox for the third regular member position, two year term to
expire 4/30/99.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Canwfight - aye
Mr. Paul - aye
MOTION CARRIED 5-0
The alternate position was deferred at this time.
14. OLD BUSINESS
97.119
Adopt Resolution No. R-97-34 - Sebasti~ L~es Shopping Center Final Plat Modifi~l~
of Community Development Tr~'ll~mitt~l 5/22/97, R-97-34, PTC Letter)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE 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; PROVID1N(} FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-97-34 by title. The Director of Community Development
gave a brief explanation of the amendments.
Mrs. Cartwright suggested amendments as follows: 3rd Whereas correct the word "final"; in Section
1. correct the word "dele~:l"; requested an explanation for the amendments in the resolution or
attach the PTC letter; 4th Whereas add "as of this date". The Director of Community Development
suggested "as described in the May 17, 1997 letter from PTC Enterprises, Inc. to Robert J.
Massareili, City of Sebastian, attached as Exhibit A".
¸17
Regular City Council Meeting
May 28, 1997
Page Eighteen
MOTION by Cartwright/Sullivan
I move to adopt Resolution 97-34 as amended.
ROLL CALL:
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
' aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Barnes said the press release called for three regular member positions on the Tree Board,
therefore the alternate position vacated by David Cox will have to be readvertised.
97.141/
Al~ual Review of City Attorney Contract - DefeIxe~.from ;~/14/97(City Manager 96.013
Transmittal 5/23/97, Professional Agyeemen0
The City Manager said he would meet with each City Council member to go over any suggested
changes to the contract.
Mrs. Cartwfight suggested the City Attorney meet with the City Manager also.
The City Manager said he will bring any suggested changes back to City Council when ready.
1~. NEW BUSIIN]~S$
97.158
Accel:>tance of ~}r.~t of Easement from American Legion for Ingress and Egress off Fellsmere Road
in Exchange for In-Kind Serv. jces of Cjrading Parking Lot and Drivew~ (Cil~ Manager Transmittal
5/21/97, Prol~osed F.~l~¢mcnt Agreement, Survey Drawing)
The City Attorney said she needed to make some non-substantive changes to the easement
agreement.
MOTION by Cartwright/Sullivan
I move to approve the easement agreement between the City of Sebastian and the American
Legion, authorize the City Manager to sign and the City Clerk to attest, subject to changes of the City
Attorney.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
18
Regular City Council Meeting
tMay 28, 1997
Page Nineteen
97.159 B.
Determine if ~ty Council Desires to Proceed Waterfront Land A{~quisition - Bird Realty Group, Inc.
(Cil~ M~ager Transmittal 5/21/97, Proposal. Portio~ 0f'97 Capital Improvement Budget)
The City Manager explained the proposal for sale of the mobile home park south of Riverview Park
in an amount of $660,000.
Chuck Cunningham, Bird Realty Group, inc., addressed City Council. The City Manager said staff
could look into what grants may be available if Council wishes.
City Council members said they were opposed to the idea because they felt the property should
remain on the tax rolls and that the City had inadequate funding at this time.
97.160 C.
Surveying.C0~ts Associated with Drainage Desigla pf the Dempsey/Vocelle Drainage Project.LGjly
Manager Trar~mittal 5/23/97, Capital Improvement Budget pages, Supplemental Agreement #8,
lga~teller Invoice, Hill Memo 4/10/97o Rate $..eil~lfle for Masteller)
Mrs. Cartwright asked about the timing to piggyback with Indian River County. The City Manager
said Indian River County's survey for the water project timing was off and the level of service was
different. Mrs. Cartwright suggested offering the City's survey to Indian River County for the water
project. The City Manager agreed to offer it to the county with the hope that there can be a cost
saving to citizens.
MOTION by Taracka/Cartwright
I move to authorize the payment of $10,715 to Masteller, Moler & Reed, Inc. said funding to
come from project 30-97-SWMS 005, Improvements in Dempsey/Vocelle area.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
97.083 D.
Request to Realign Barber Strl}~[ Sports Complex Capital Funds.to Provid~ $7,500 Towards
Installation of Elevated Drainfield and Septic ~,~ystelll Associated with Restroom InsRtlhltion for
Seba~Im Panthers (City Manager Transnai~;titl 5,/23/97, Capital Improvement~lldget Pages)
The City Manager gave a brief explanation of the need for reallocation of funds for the project. He
said he will bring a formal agreement with the Panthers back on June 11, 1997.
MOTION by Taracka/Sullivan
I move to approve the alignment of $5,000 bom Project ID: 26-97-0006, and $2,000 from
Project ID: 26-97-DST010 to Project ID: 26-97-005 increasing the amount from $45,000 to
$52,500.
19
Regular City Council Meeting
May 28, 1997
Page Twenty
ROLL CALL:
Mr. Paul
Mrs, Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
TAPE II - SIDE I (9:32 p.m.)
97.161 E.
Allow Limited Conl~¢rcial Advertising in the Form of Co~orate Loges on Electronic Scoreboards
at Barber Stre~ Sports Complex (Cil;y Manager Tr0J~mittal 5/23/97)
Discussion took place on whether or not other types of advertising should be allowed along the fence
line, The City Manager said he would obtain further information from all interested parties including
neighbors and report back.
Chief White agreed that hanging signs on fences would hide the view.
It was the consensus of Council to authorize the City Manager to bring amendments to the lease
agreements with the sports organiations allowing for the placement of score boards with advertising
loges with a stipulation that no alcohol or tobacco products be allowed as a sponsoring company.
97.142 F.
First Readinll of Ordinance No. O-97-47 - Size o£Oarage or Carport in MCR ZQri~ District - LDC
Se¢IiQr120A-3.11.D.6.- Set Second Rea~l~g, Public Heating and Filltll A~loption for 6/25/97
(Director of Communily Dey¢l~pment Transmittal 5/22/97, 0-97-47)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
3.11.D.6. OF THE LAND DEVELOPMENT CODE REGARDING MINIMUM SIZE OF A GARAGE OR CARPORT iN
THE MARINE COMMERCIAL AND RESIDENIIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDiNG FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-97-47 by title only.
Mr, Taracka asked about establishing a maximum size for garages/carports and the Director of
Community Development suggested this come back at a later date to add a maximum size to all
sections of the LDC.
MOTION by CartwrightfPaul
I move to accept the first reading of Ordinance 0-97-47 and set a public hearing and second
reading for June 25, 1997.
ROLL CALL: Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
20
Regular City Council Meeting
[May 28, 1997
Page Twenty One
97.144 G.
97.145 H.
First Reading of OIdiaan~ No. O-97-49 - Requiring Accessory Building Permilj t,O ~ Consist~ot
with Comprehensive Plan - LI)¢ Section 20A-5.7.D.4. - Set Second Reading, Pu.bli~ He,ring and
Final Ado~p[i9~ for 6/25/97 (Director of Community Dev~l~naer~t Transmittal 5/22/97, 0-97-49)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
5.733.4. OF THE LAND DEVELOPMENT CODE REGARDING REQUIRING ACCESSORY BUILDINGS TO COMPLY
WITH THE COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-97-49 by title only.
MOTION by Taracka/Paul
i move to approve the first reading of Ordinance O-97-49 and set a public hearing and
second reading for June 25, 1997.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
First Reading of Ordinance NoLQ-97-50 - Visibility Triangles - LDC Section 20A-13. l~ - Scl;
Second Reading, Public Hearing a/id Final Adoption for 6/25/97 (Director of C~.rar~miW
Development Transmit. tal~/22/97, O-97-50)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
13.13 OF THE LAND DEVELOPMENT CODE REGARDING VISIBILITY TRIANGLES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-97.50 by title only.
MOTION by Cartwright/Taracka
I move to accept the first reading of Ordinance 97-50 and set public hearing and second
reading for June 25, 1997.
ROLL CALL:
Mr. Taracka - aye
Mrs. Canwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
21
Regular City Council Meeting
[May 28, 1997
Page Twenty Two
97.096 I.
First l~ding of Ordinance No. 0-97-52 - Residential M~llllfactured Homes as Permitted Use in
PUD-MH Zoning District - LDC Section 20A-4.8. - Set First Public Hearing for 6/25/97 and_
I3in01 Public Hearing and Final Adoption for 7/9/97
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDING SECTIONS
20A-3.7 AND 20A-4.8 OF THE LAND DEVELOPMENT CODE REGARDING THE DELETION OF RESIDENTIAL
MANUFACTURED HOMES IN THE pLrD-MH DISTRICT, THE MODItrlCATION OF THE DEFINITION OF
RESIDENTIAL MANUFACTURED BUILDING IN THE RMH DISTRICT, PROVIDING FOR A DEFINITION OF
RESIDENTIAL MANUFACTURED BUR,DING IN PUD-MH, AND PROVIDING FOR THE USE OF A RESIDENTIAL
MANUFACTURED BUILDING AS A PERMITTED USE IN THE PUD-Mit DISTRICT; PROVIDINO FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDINO FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-97-52 by title only.
MOTION by Taracka/Paul
I move to approve the first reading of Ordinance 0-97-52 and set a first public hearing for
June 25, 1997 and the second public heating and second reading for July 9, 1997.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:15 p.m.
/
Approved at the ~'v~ // ,1997, Regular City Council Meeting.
Kathrytt M. O'Halloran, CMCTAAE/
tCity Clerk
Mayor
22