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HomeMy WebLinkAbout06251997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 25, 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 DELETIONS] 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 97.157 A. Present Plaquc to Donna Starck - Tree Advisory Board 97.168 B. Proclamation - Amateur Radio Week - June 22 - 28, 1997 - Bill Wrocklage, President of Vero Beach Amateur Radio Club Accepting (Wrocldage Letter 6/12/97) 7. CITY ATTORNEY MATTI~I~ 97.118 A. Schedule Attorney/Client Meeting Re: Libcrtino/Ordoncz Appeal - Authorize Staff to Obtain Services of Court Reporter (City Manager Transmittal 6/19/97) 97.169 97.170 97.138 10. CITY MANAGER MATTER~ CONSENT AGENDA .411 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 separate~. A. Approval of Minutes - 6/4/97 Workshop, 6/11/97 Workshop, 6/11/97 Regular Meeting Bo Adopt Resolution No. R-97-36 - Vacation of Easement - Burr - Lots 16 & 17, Block 54, Unit 2 (City Clerk Transmittal 6/17/97, R-97.36, Application, Site Map, Survey, Staff'Report, Non-Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANI~NING AND DISCONTINUING THE WEST FIVE (5) FEET OF LOT 16 AND THE EAST FIVE (5) FEET OF LOT 17, BLOCK 54, SEBASTIAN HIGHS UNIT 2, LESS THE EAST TEN (10) FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-36, 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. Approve Purchase of Savin Model #9500 Copier for Community Development Department and Maintenance Agreement- Piggyback University of Florida Bid #96K-2YC - from Max Davis Associates, Inc. - West Palm Beach - $11,328 plus Monthly Maintenance (City Manager/Assistant to City Manager Transmittal 6/17/97) Award Contract for Barber Street Sports Complex Drainage and Improvements to Henry Fischer and Sons, Inc. in the Amount of $85,683.80 (City Manager/Assistant to the City Manager/Purchasing Agent Transmittal 6/16/97, Bid Tabulation, Pgs 1 & 2 of Proposal, Insurance Certificate) pUBLJC HEARING Procedures for public hearings: (R-97-21) , Mayor Opens Hearing , Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit ofl 0 Minutes Per Speaker StaffSummation ° Mayor Closes Hearing ° CouncilAction Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, l~en Called go to the Podium and State His/Her Name for the Record 2 97.048 Second Reading, Public Heating and Final Adoption of Ordinance No. O-97-39 (Director of Community Development Transmittal 6/19/97, 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 REGARDING PROCEDURES RELATING TO MAJOR SUBDIVISION PROCEDURES BY REQUIRING A PRE-APPLICATION MEETING AND REVISING THE REQUIRED INFORMATION TO BE PROVIDED AT THE PRE- APPLICATION MEETING, BY SUBSTITUTING PLAT FOR PLAN, BY REQUIRING COPIES OF INFORMATION PROVIDED TO BE IN A S 1/2 INCH BY 11 INCH FORMAT, BY REQUIRING A CONCEPTUAL MASTER STORMWATER PLAN FOR A PRELIMINARY PLAT, BY ~O STATEMENTS OF COMPLIANCE, BY ELIMINATING THE REFERENCE TO REQUIRED IMPROVEMENTS IN THE PRELIMINARY PLAT, BY SUBSTITLrrING 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. (lst Reading Originally Scheduled for 5/14/97 and Deferred to 5/28D7, Revised and Public Heating Set for 6/25/97) 97.049 Bo Second Reading, Public Heating and Final Adoption of Ordinance No. 0-97-40 (Director of Community Development Transmittal 6/19/97, 0-97-40) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING SECTIONS 20A-18.2, 20A- 18.6, AND20A-18.7. OFTHE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATINGTO 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. (lst Reading Originally Scheduled for 5/14/97 and Deferred to 5/28/97, Revis~ and Public Heating Set for 6/25/97) 97.050 Second Reading, Public Heating and Final Adoption of Ordinance No. O-97-41 - Second Reading and Public Heating Deferred from 5/28/97 (Director of Community Development Transmittal 6/19/97, O-97-41) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 18.2, 20A- 18.3, 20A-I 8.4, 20A-18.5, AND 20A-I 8.7 OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE 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, Public Heating Originally S,heduled for 5/28/97, Revised and Public Hearing Scheduled for 6/25/97) 97.140 Second Reading, Public Heating and Final Adoption of Ordinance No. 0-97-45 (Director of Community Development Transmittal 6/19/97, 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 TERMITE 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 AN EFFECTIVE DATE. (lst Reading 5/28/97, Revised and Public Hearing Sd for 6/25/97) 97.142 Second Reading, Public Heating and Final Adoption of Ordinance No. 0-97-47 (Director of Community Development Transmittal 6/19/97, 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 RESIDENTIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, Public Heating Set for 6/25/97) 97.144 Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-97-49 (Director of Community Development Transmittal 6/19/97, 0-97-49) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-5.7.D.4. OF THE LAND 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. (lst Reading 5/28/97, Public Hearing Set for 6/25/97) 97.145 Go Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-9%50 (Director of Community Development Transmittal 6/19/97, 0-97-50) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-I 3.13 OF THE LAND DEVELOPMENT CODE REGARDING VISIBILITY TRIANGLES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, Public Hearing Set for 6/25/97) 97.096 Second Reading, Public Hearing of Ordinance No. 0-97-52 - Final Public Hearing and Adoption Scheduled for 7/9/97 (Director of Community Development Transmittal 6/19/97, 0-97-52) 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 PUD-MH DISTRICT, THE MODIFICATION OF THE DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN THE RMH DISTRICT, PROVIDING FOR A DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN PUD-MH, AND PROVIDING FOR THE USE OF A RESIDENTIAL MANUFACTURED BUILDING AS A PERMITTED USE IN THE PUD-MH DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, 1st Public tleating Set for 6/25/97, 2nd Public Hearing and Adoption 7/9/97) 97.167 97.090 97.171 11. 12. 13. 14. INTRODUCTION O.F l~II~W BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORT~/RECOMMENDATIONS OLD BUSINESS - None NEW_ BUSINESS Authorize Design of Proposed Observation Pier at Riverview Park and Transfer of $7,740 from Undistributed Non-Departmental Budget (City Manager Transmittal 6/19/97, Permit Modification from DEP, 1/22/97 Minutes Excerpt, Indian River Lagoon SWIM Program Letter, Votapka Estimates) Bo Authorize City Manager to Execute Appropriate Change Order Not to Exceed $103,046 with C.R. McClellan, Inc. for Culvert Installations as Outlined in John Hill's 6/18/97 Memo (City Manager Transmittal 6/19/97, Hill Memos 6/18/97 and 2/27/97) Co Approve Clerk's Office to Utilize Services of NCR, Inc. as Sole Source for Computer Services (City Manager Transmittal 6/19/97, City Clerk Memo 6/11/97) 4 97.172/ '96.138 97.071 97.173 97.174/ 96.136 Request Site Plan Extension for Sandridge Estates Apartments - Staff Recommends Six Months to Expire January 6, 1998 (Director of Community Development Transmittal 6/18/97, Site Plan Application, Site Map) Review Final Plans for Cavcorp Property Prepared by CRA Engineering - Determine Council Satisfaction Prior to Submitting Plans to Planning and Zoning Commission for Site Plan Approval and Solicitation of Bids by Staff (Community Development Transmittal 6/19/97, Site Plan Under Separate Cover, CATF Minutes 1/6/97, Council Minutes Excerpt 2/12/97) Adopt Resolution No. R-97-38 - Capital Improvement Funds Transfer - 1997 Barber SWeet Resurfacing to 1997 Schumann Drive Resurfacing (Public Works Transmittal 6/9/97, Program Sheet, R-97-38) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING RESOLUTION R-96-83 PROVIDING FOR THE REALLOCATION OF CAPITAL FUNDS INCREASING THE AMOUNT OF FUNDING FOR SCHUMANN DRIVE RESURFACING FOR FISCAL YEAR 1996-1997 AND DECREASING THE AMOUNT OF FUNDINO FOR BARBER STREET FOR FISCAL YEAR 1996-1997; PROVIDING FOR AN EFFECTIVE DATE. Determine Feasibility of One-Way Designation on City Streets for Traffic Calming - If Council Concurs with Policy - Adopt Resolution No. R-97-39 - One-Way Wave Street (City Manager Transmittal 6/19/97, Proposed R-97-39, Location Map, Masteller & Moler Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO CONVERT WAVE STREET FROM A TWO WAY STREET TO A ONE WAY STREET; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 47 First Reading of Ordinance No. 0-9%53 - Schedule Second Reading and Public Hearing for July 23, 1997 (Director of Community Development Transmittal 6/19/97, 0-97-53) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 20A-~.47. OF THE LAND DEVELOPMENT CODE REGARDING THE REGULATION OF MINI-STORAGE FACILITIES; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.097 First Reading of Ordinance No. 0-97-54 - Schedule Second Reading and Public Hearing for July 23, 1997 (Director of Community Development Transmittal 6/19/97, 0-97-54) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING CONDITIONAL USES; PROVIDING THAT FOR CERTAIN SECTIONS THE COMMERCIAL OFFICE AND RESIDENTIAL ZONING DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.026 J. First Reading of Ordinance No. O-97-17 - Schedule Second Reading and Public Hearing for July 97.026 Jo First Reading of Ordinance No. O-97-17 - Schedule Second Reading and Public Hearing for July 23, 1997 (Director of Commtmity Development Transmittal 6/19/97, 0-97-17) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-10.1 OF THE CODE OF ORDINANCES BY CREATING A SF. x2'rION ENTITLED "PURPOSE"; AMENDING SITE PLAN REVIEW PROCEDURES; REQUIRING A PREAPPLICATION CONFERENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING FOR APPEALS FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE PLANS MEETING CERTAIN CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREViOUSLY APPROVED SITE PLANS; AMENDING SECTION 20A-10.2 OF THE CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS AND ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20A. 10.2L OF THE CODE OF ORDINANCES BY ADDING "COMMUNITY DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A. 10.3.14 BY ADDING "PLANNING AND ZONING COMMISSION"; AMENDING SECTION 20A-10.4 BY CLARIFYING APPEAL PROCEDURES; AMENDING SECTION 20A-10.5 BY LIMITING THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PREVIOUSLY APPROVED SITE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 97.175 K. Review Pending List 15. CITY COUNCIL MATTF,,RS A. Mayor Walter Barnes B. Vice Mayor Richard Taracka C. Mrs. Louise Cartwright D. Mr. Larry Paul E. Mrs. Ruth Sullivan 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THiS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TttE PROCEEDINGS IS MADE, WttlCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOblMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming 3/jcetings : Workshop - Wednesday, July 9, 1997 ~ 6pm Regular Meeting - Wednesday, July 9, 1997 ~ 7pm Special Meeting (Quasi-dudicial Hearing) - Wednesday, July 16, 1997 ~ 7pm Budget Workshop -Monday, July 21, 1997 ~ 7pm Tentative Budget Workshop - Tuesday, July 22, 1997 ~ 7pm Workshop, Wednesday, July 23, 1997 ~ 6pm Regular Meeting - Wednesday, July 23, 1997 ~ 7pm Quarterly Open Forum - Wednesday, July 30, 1997 ~ 7pm 6 III I INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JUNE 25, 1997 REGULAR MEETING USE THIS FORM ~ FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED/ / .4 , / ~j~~.AGENDA - LI)V~tT OF 10 MINUTES PER SPEAKER AddresS:subject.''6~-T-~/" ~ ) //5 .... ~ ~'~ ~--~¢' ~'~f' Name: ~ ~-,~/,//~r,,vo ~/.f.f ,' Address: ff2J ~/?v~,/~ r ,~g 'W~ R~,-Y(~ ~-z ~ ~~. Subject: Y~ ~f~/c~~ ~m~ ~ ~>/1~4~ ~0 ~/~y ~/. /~ ~ ~ ~.. ~_ ~.~_ _ ~ ~: _ _ _~ _ _ ~ ~ ~ ................................................ Name: '~::-~7 : · · Address: Subject: Address: Subject: Address: Subject: Name: Address: Subject: Address: Subject: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Address: Subject: 2 JUNE 25, 1997 CITY COUNCIL SECOND RF_~D_IiNG., I~UBLIC Hi~ARING AND FINAL ADOPTION ORDINANCE NO. 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 REGARDING PROCEDURES RELATING TO MAJOR SUBDIVISION PROCEDURES BY REQUIRING A PRE-APPLICATION MEETING AND REVISING THE REQUIRED INFORMATION TO BE PROVIDED AT THE PRE. APpI .ICATION IVIF~TING, 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 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 Tile 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. (lst Reading Originally Scheduled for 5/14/97 and Deferred lo 5/28/97, Revised and Public Hearing Set for 6/25/97) Name: Address: Name: Address: Name: Address: ...................................................... Name: Address: OR0INSNCE NO. 0-97-40 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR/DA, AMENDING SECTIONS 20A. I 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 CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading Originally Scheduled for 5/14/97 and Deferred to 5/28/97, Revised and Public Hearing Set for 6/25/97) Name: Address: Name: Address: Name: Address: Name: Address: ORDINANCE NO. 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-IS.5, AND 20A-18.7 OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE CONSTRUCTION OF REQUIRED IMPROVEMENTS BY SUBS~G COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER AND CITY CLERK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROViDiNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 4/23/97, Adv~xtised 5/14/97, Public Hearing Originally Schoduled for 5/28/97, Revised and Public Hearing Scheduled for 6/25/97) Name: Address: Name: Address: Name: Address: Name: Address: ORDINANCI~ NO, 0-97-45 AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES TO REQUIRE TERMITE SHIELDS ON AI~ 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. (lst Reading 5/2g/97, Revised and Public Hearing Set for 6/25/97) Address: Name: Address: Name: Address: Name: Address: ORDINAN~]~ NO. O-97-47 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.1 I.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. (lst Reading 5/28/97, Public Hearing Set for 6/25/97) Name: Address: Name: Address: Name: Address: Name: Address: ~)RDINANCE NO. O-97-49 Name: AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER Address: COUNTY, FLORIDA, AMENDING SECTION 20A-5.7.D.4. OF THE LAND DEVELOPMENT CODE REGARDING REQUIRING Name: ACCESSORY BUILDINGS TO COMPLY WITH THE COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; Address: PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Name: (lst Reading 5/28/97, Public Heating Set for 6/25/97) Address: Name: Address: 2 ORDINANCE NO. 0-9%59 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. (l~t Reading 5/28/97, Public He~'ing 5~t for 6/25/97) ORDINANCE NO. 0-9%52 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 PUD-MH DISTRICT, THE MODIFICATION OF THE DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN THE RMH DISTRICT, PROVIDING FOR A DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN PUD-MH, AND PROVIDING FOR THE USE OF A RESIDENTIAL MANUFACTURED BUILDING AS A PERMITTED USE IN THE PUD-MH DISTRICT; PROVIDING FOR CODIFICATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, 1st Public Heating Set for 6/25/97, 2nd Public Hearing and Adoption 7/9/97) Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 25, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225MAINSTREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. The Invocation was given by Police Chaplain Frank Camillo ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Public Works Director, Pat Brennan City Engineer, Martha Campbell Deputy City Clerk, Sally Maio Regular City Council Meeting  une 25, 1997 age Two 5. 97.157 97.168 97.118 AGENDA MODIFICATIONS (ADDITIONS AND/OR DI~LETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) None. PROCLAMATIONS. ANNQUNCEMENTS AND/OR PRES~ATIONS A. Present Plaque to Dollxl{l Starck - Tree Advisory Board Donna Starck was not present. B. Pr~lamation - Amateur Radio Week - June 22 -.28, 1997 - Bill Wrocklage, Presiden[ of Veto Beach Amateur Radio Club Ac~¢l~tirlg (Wrocklage Letter 6/12/97) Mayor Barnes read and presented the proclamation to Bill Wrocklage. Mr. Wrocklage invited all to visit their site at the Environmental Leaming Center this weekend. CITY ATTORNEY MATTERS A. ~h?dule Attorney/Client Meeting 1~: Lib?rtino/Ordonez Appeal - Authorize Staff ~Q Obtain Services of Court Rel~Ql-~¢r (City Manager Transmittal 6/19/97} The City Attorney requested an attorney/client meeting, it was the consensus of City Council to schedule the meeting for Tuesday, July 1, 1997 at 6:30 p.m. The City Attorney said this is not a public meeting. CITY MANAGER MATTERS The City Manager reported on a meeting with Indian River County Emergency Management meeting on June 17, 1997. He said the same staff members will attend a similar meeting tomorrow morning. 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 Ci.tv Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/4/97 Workshop, 6/11/97 Workshop, 6/11/97 Regular Meeting Regular City Council Meeting  un¢ 25, 1997 age Three 97.169 B. 97.170 C. 97.138 D. Adopt Resolution No, R-97-36 - Vacation of Easement - Burr - Lots 16 & 17, Block 54, Unit 2 (City Clerk Transmittal 6/17/97, R-97-36, Application, Site Map, Survey, Staff Report, Non-Objection Letters) A RF~SOLLITIOlq OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WESI FIVE (5) FEET OF LOT 16 AND THE EAST FIVE (5) FEE1 OF LOT 17, BLOCK 54, SEBASTIAN HIGI-tLANDS UNIT 2, LESS THE EASI IEN (10) FEET THEREOF, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-36, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUIIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFEClIVE DATE. Approve Purchase of Savin Model #9500 Copier for Community Development Department and 49 Maintenance Agreement- Piggyback University of Florida Bid #96K-2YC - from Max Davis Associates, Inc. - West Palm Beach - $11,328 plus Monthly Maintenance (City Manager/Assistant to City Manager Transmittal 6/17/97) Award Contract for Barber Street Sports Complex Drainage and Improvements to Henry Fischer and Sons, Inc. in the Amount of $85,683.80 (City Manager/Assistant to the City Manager/Purchasing Agent Transmittal 6/16/97, Bid Tabulation, Pgs I & 2 of Proposal, Insurance Certificate) The City Manager read the consent agenda and the City Attorney read Resolution No. R-97-36 by title. Mrs. Cartwright removed item B, Mayor Barnes removed item A. MOTION by Taracka/Paul I move to approve items C and D of the consent agenda. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Bames - aye MOTION CARRIED 5-0 Item A - Minutes Mayor Barnes changed "anyone" to "everyone" on page 12 of the 6/11/97 Regular Meeting minutes. Regular City Council Meeting  une 25, 1997 age Four 10. MOTION by Barnes/Sullivan I'll make a motion to approve item A as amended. ROLLCALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Item B- Vaca~aof ]~asement In response to Mrs. Cartwright, the Director of Community Development said the two lots have a unity of title and there is no reason for the easement. MOTION by Cartwright/Taracka I move to approve item B of the consent agenda. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Bames - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 PUBLIC H]~ARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit oflO Minutes Per Speaker · StaffSummat~on · 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 4 City Council Meeting June 25, 1997 Page Five 97.048 A. Seconcl Reading, Public Hearing and Final Adoptiola of Ordinance No. 0-97-39 (Dir?ctor of Community Devclol~m~o[ Transmittal 6/19/97, O-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 REGARDING PROCEDURES RELATING TO MAJOR SUBDIVISION PROCEDURES BY REQUIRING A PRE-APPLICATION MEETINO AND REVISING THE REQUIRED INFORMATION TO BE PROVIDED AT THE PRE- APPLICATION MEETINO, BY SUBSTITUTING PLAT FOR PLAN, BY REQUIRING COPIES OF INFORMATION PROVIDED TO BE IN A 8 1/2 INCH BY 11 INCH FORMAT, BY REQUIRINO A CONCEPTUAL MASTER STORMWATER PLAN FOR A PRELIMINARY PLAT, BY REQUIRiNO 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 FINAL PLAT APPROVAL TO THE COMMUNITY DEVELOPMENT DEPARTMENT, AND BY ELIMINATING REFERENCE TO THE APPENDIX; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading Originally Scheduled for 5/14/97 and Deferred to 5/28/97, Revised and Public Hearing Set for 6/25/97) The City Attorney read Ordinance No. 0-97-39 by title and Mayor Barnes opened the public hearing at 7:22 p.m. The Director of Community Development reviewed the changes since first reading and pointed out a scriveners error in the title, a reference to the wrong section number and had been assured by the City Attorney that the ordinance did not need to be readvertised. Mrs. Cartwright pointed out a minor error, i.e. "maintained". Mayor Barnes pointed out a minor error, i.e. "compliance" instead of"complacence". Mayor Barnes closed the public hearing at 7:30 p.m. MOTION by Taracka/Paul I move to approve Ordinance O-97-39 as amended. ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Regular City Council Meeting une 25, 1997 : Six 97.049 B. 97.050 C. Second Readillg, Public Heating and Final Adoption of Ordinance No. 0-97-40 (Director of Co. nlmuni~y Developrll~r~t Transmittal 6/19/97, 0-97-40) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-I 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 AFl'ER APPROVAL OF THE REQUIRED IMPROVEMENTS DF. SIGN, 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. (lst Reading Originally Scheduled for 5/14/97 and Deferred to 5/28/97, Revised and Public Heating Set for 6/25/97) The City Attorney read Ordinance No. 0-97-40 by title and Mayor Barnes opened the public hearing at 7:32 p.m, and being no public input, closed the public heating. MOTION by Taracka/Paul I move to approve Ordinance 0-97-40. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Second Reading. public Heating and Final Adoption of Ordinance No, O-97-41 - Secood Reading and Public Hearing Def~:tled from 5/28/97 £Director of Co~!lmunity Developm¢llt Transmittal fill 9/97, 0-97-4 D 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 REOARDING PROCEDURES RELATING TO THE CONSTRUCTiON OF REQUIRED IMPROVEMENTS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER AND CITY CLERK; PROVIDING FOR CODiFiCATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. (lst Reading 4/23/97, Advertised 5/14/97, Public Hearing Originally Scheduled for 5/28/97, Revised and Public Hearing Scheduled for 6/25/97) The City Attorney read Ordinance No. 0-9%41 by title and Mayor Barnes opened the public hearing at 7:33 p.m. and, being no public input, closed the public hearing. MOTION by Cartwright/Taracka I move to adopt Ordinance 97-41. Regular CityCouncilMeeting  une 25,1997 age Seven 97.140 D. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 Second Reading, Public H~0rjllg and Final Adoption of Ordinance INo. 0-97-45 (Director of Community Development Tr~mittal 6/19/97, 0-97-45) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES TO REQUIRE TERMITE SHIELDS ON ALL NEW CONSTRUCTION OF WOOD FRAME BUILDINGS AND STUCCO STOPS ON ALL NEW CONSTRUCTION OF STUCCO B[rlLDINGS, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILiTY, AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, Revised and Public Hearing Set for 6/25/97) The City Attorney read Ordinance No. 0-97-45 by title and Mayor Barnes opened the public hearing at 7:35 p.m. The Director of Community Development said he had asked the Building Official to write out standards in detail for distribution to developers. Mayor Barnes closed the public hearing at 7:37 p.m. Harry Thomas, 654 Balboa Street, Sebastian, said copper sheet is used in different areas of the COUlltry. The Director of Community Development said he would add it to the list of materials. Mrs. Cartwright asked if the language could be changed to "shield approved by the Building Department". MOTION by Taracka/Paul I move to approve Ordinance O-97-45 as amended. ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Regular City Council Meeting [ une 25, 1997 age Eight 97.142 E. 97.144 F. Second Reading. l~ublic Hearing and Final Adoption of Ordinance No. 0-97-47 (Director of Community Development Ir~llasmittal 6/19/97, 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 RESIDENTIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, (lst Reading 5/28/97, Public Hearing Set for 6/25/9?) The City Attorney read Ordinance No. 0-97-47 by title and Mayor Barnes opened the public hearing at 7:40 p.m. and being, no public input, he closed the public hearing. MOTION by Cartwright/Taracka I move to adopt Ordinance 97-47. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 ~ocond Reading, Public Hearing s3r~d trjnal Adoption of Ordinance 1~9, 0-97-49 (Director of Colllrll~llfity Development Transmittal 6/19.,/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 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. (lst Reading 5/28/97, Public Hearing Set for 6/25/97) The City Attorney read Ordinance No. 0-97-49 by title and Mayor Barnes opened the public hearing at 7:42 and, being no public input, he closed the public hearing. MOTION by Taracka/Paul I move to approve Ordinance No. 0-97-49. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 x Regular City Council Meeting  une 25, 1997 age Nine 97.145 G. Second Reading, Public Hearing and Final Altg~[i.911 of Ordinance No. 0-97-50 (Director of CommulliI~ Do¥~lopment Transmittal 6/19/97, O-97-50~} AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING SECTION 20A- 13.13 OF THE LAND DEVELOPMENT CODE REGARDING VISIBILITY TRIANGLES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROViDINO FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, Public Heating Set for 6/25/97) The City Attorney read Ordinance No. 0-97-50 by title and Mayor Barnes opened the public hearing at 7:43 p.m., and being no public input, he closed the public hearing. MOTION by Taracka/Paul I move to approve Ordinance No. 0-97-50. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye 97.096 H. MOTION CARRIED 5-0 Second Reading, Public Hearktgof Ordinance No. 0-97~52 - Final Pub_li~ l;Icari~g and Adoption Scheduled for 7/2./97 (Director of Community Develogmell~ Trimsmittal 6/19/97, 0-97-52) 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 PUD-MH DISTRICT, THE MODIFICATION OF THE DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN THE RMH DISTRICT, PROVIDING FOR A DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN PUD-MH, AND PROVIDING FOR THE USE OF A RESIDENTIAL MANUFACTURED BUILDING AS A PERMITTED USE IN THE PUD-MH DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/28/97, 1st Public Heating Set for 6/25/97, 2nd Public Hearing and Adoption 7/9/97) The City Attorney read Ordinance No. 0-97-52 by title and Mayor Barnes opened thc public hearing at 7:44 p.m. and, being no public input, he closed the public hearing. The City Attorney pointed out that "manufacture" should be "manufactured" in the title. MOTION by Cartwright/Paul I move to hold a second public hearing second reading for July 9, 1997. ROLL CALL: Mr: Taracka Mrs. Cartwfight Mr. Paul Mrs. Sullivan Mr. Barnes MOTION CARRIED 5-0 - aye - aye - aye - aye - aye ~Regular City Council Meeting ~une 25, 1997 Page Ten 11. INTROD].ICTiON OF NEW BUSINESS FROM THE PUtlLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Harry Thomas, 654 Balboa Street, Sebastian, requested that information for the press be filtered through the City Manager's Office. TAPE I - SIDE II (7:50 p.m.) Leonard Bassi, 573 Browning Terrace, Sebastian, discussed an alleged police investigation. Mayor Barnes requested that he have the item placed on an agenda. Mary Ellen Barrett, 526 Park Avenue, said the lot next to her is a jungle, had been to Code Enforcement and been told unimproved properties do not have to be cleared. The City Manager said perhaps there is something in the nuisance code and that he will look into it. Sal Neglia, 461 Georgia Boulevard, Sebastian, said he does not believe that board applicants have to appear before a committee when a current member is up for reappointment. Fred Wininger, 106 Thunderbird Drive, Sebastian, said Fischer and Sons hauled fill out of Barber Street Sports Complex several years ago, and asked why Mosby didn't set the grades properly back then; asked if there were specs for the Police Station during its construction; asked what was John Hill's expertise on weed control; said the new sound system stinks; asked when and by whom fire hydrants will be maintained; and asked when he was going to get a response to his concerns as expressed at the last meeting. Mayor Barnes responded to some of Mr. Wininger's concerns. 12. COMMITTEE REPORTS/RECOMMI~I~DATI ONS None. 13. OLD BUSINESS Nolle. 10 Regular City Council Meeting  une 25, 1997 age Eleven 14. NEW BUSINESS 97.167 A. 97.090 B. Al~thorize Design of Proposed O~rvBtion Pier at Riverview Park and Tl'RR~fer of $7,740 from Undistributed Non-Departmental Budget (City Manager Transmittal 6/19/97, Permit Modification bom DEP, 1/22/97 Mil~t~s Excerpt, Indian River Lagoon S~3~IM Program Letter, Votapka Estimates) Discussion took place on installation of a wave attentuator and protective rapping on pipes. The City Manager said he would look into it. MOTION by Sullivan/Cartwright I move to authorize the design of the proposed observation pier, utilizing 12" pilings instead of 8" pilings and authorize the transfer of $7,740 from the undistributed line of Non-Departmental budget for the City. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Authorize C~y Manager to Execute Appropriat~ ~10ange Order Not to Exceed $132,800 with C.R. McClellan, Inc, for ~¥~rt Installations as Outlined in john Hill's 6/18/97 Memo (City Manager Transmittal 6/19_/_97~ Hill Memos 6/18/97 and 2/27/9?2 The City Manager said he would like to ask Public Works to review whether they could install the pipes and at what cost and sought direction on Mrs. Edward's property. John Hill, Craven Thompson, said he had spoken with the Edwards advising them that other property owners were contributing. He said they contacted him today to say that they are not in a position to pay their share and thought it was a safety issue for the City to address. 11 Regular City Council Meeting une 25, 1997 Twelve Mrs. Cartwright suggested waiving the fee to the Edwards because it is a safety issue and the other property owners knew it was a cost share issue and willingly participated. MOTION by Taracka/Bames I move to execute the appropriate change order not to exceed $132,800 with C.R. McClellan, Inc. for the culvert installations as outlined in Mr. Hill's June 18, 1997 memo and authorize the City Manager to compare in-house costs for piping with contractor costs and exempt Mrs. Edwards. TAPE II - SIDE I (8:37 p.m.) ROLL CALL: Mr. Paul Mrs. Sullivan Mr. B'ames Mr. Taracka Mrs. Cartwright aye aye aye aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:52 p.m. All present. 97.171 Approve Clerk's Office_to Uliljz~ $~r~i~es of NCR, Inc. as Sole Source for Computer Manager Transmittal 6/1.,9/97, City Clerk Memo 6/11/97) The City Manager explained the reasons why the City Clerk would like to utilize NCR as a sole source. MOTION by TarackaJPaul I move to approve NCR as a sole source for the purpose of providing continuing computer services for the Clerk's office. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 12 Regular City Council Meeting  une 25, 1997 age Thirteen 97.172/ D. 96.138 97.071 E. Regu{:~[ Site Plan Extension for Sandridge l~tate~ Apartments - Staff Recommen~ Six Months to Expire January 6, 1998 (Director of Community Developmerl[ Transmittal 6/18/97, Site Plan Application, Site Map) The Director of Community Development reiterated his recommendation for a Six month extension. John King, 103 Harbor Point Drive, Sebastian, said he was uncertain when he would start the project and requested a one year extension. The Director of Community Development said the comprehensive land use plan is coming up for amendment and that modifications to the land use and COR zoning are being considered. Discussion took place on any consequences which would result from a one year extension. MOTION by Cartwright/Taracka i'll move to approve a site plan extension for one year to Sandridge Estates Apartments expiring 7/6/98. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Review Final.Pla~ls for Cavcorp Property Pr~lr¢ll by CRA Engineering - Deter. mine Council Satisfllc, lion Prior to Submitting Plans to planning and Zoning Commissio~for Site Plan Approval and_Solicitation of Bids by Staff (Community Development Transmittal 6/19/97, Site Plan Under Separa~ ~gver, CATF Minutes 1/6/97. Council Minutes Excerpt 2/1 ~¥97) The City Council requested input and direction from Council on the proposed design. The Director of Community Development introduced Mike Scipelli, with CRA Engineering, and reviewed the proposed plan (see attached). Mike Scipelli, CRA Engineering, reviewed the plan and responded to questions from Council. Mrs. Sullivan said this plan is not what the Citizens Advisory Task Force recommended. She said the plan prohibits boat trailer parking and bitterly opposed it. 13 Regular City Council Meeting une 25, 1997 age Fourteen The Director of Community Development said 16 boat trailer parking spaces would be eliminated by the landscaping. He said the code requires a hedge for parking areas and if Council wants the hedge removed, it could go to Board of Adjustment for variance. TAPE II - SIDE II (9:40 p.m.) A lengthy discussion took place on lighting, methods to increase parking and reduce landscaping, the honeycomb design of drives, the location of drives, leaving the north side green, leaving the east side open for the view, the fact that other than boaters paid for the property. The City Manager reminded Council that it was a previous Council's direction that resulted in this design. He again sought direction. MOTION by Cartwright/Paul I move to authorize staffto submit the plans to the Planning and Zoning Commission for site plan approval and the solicitation of bids for construction. ROLLCALL: Mr. Taracka - nay Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - nay MOTION FAILED 3-2 (Taracka, Sullivan, Barnes - nay) Mrs. Sullivan made a motion for a new plan that showed the size of the parking areas and how the driveways will work with overflow parking when necessary but later withdrew it. Mrs. Cartwright stated this is merely a conceptual plan and that Planning and Zoning will see the actual site plan. Discussion continued. TAPE III - SIDE I (10:25 p.m.) Mrs. Sullivan withdrew the motion at this time. MOTION by CartwrighffPaul I move to extend the meeting a half hour. ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright MOTION CARRIED 5-0 - aye - aye - aye - aye 14 Regular City Council Meting al~l[une 25, 1997 ~[~age Fift~n 97.173 F. MOTION by Sullivan/Taracka I would move that we receive a new drawing that will show us exactly by size by footage exactly what the parking represents so that we can see what we're losing and what we're picking up, with the north side left entirely green, the east side, I believe there's a huge oak tree there now on that property, basically keep the grOwth low along the east side so as people come over that rise they can see as much open view as exists now so that we don't lose our view of the river. Discussion continued on how a comparison of existing to proposed parking can be made, and taking a low floral approach to the east end landscaping. Mr. Scipelli said he can do a rough sketch revised drawing for the July 9, 1997 meeting showing the most efficient parking in the overflow area and to take a look at the most efficient area for the drives. He asked if he had authority to change the site plan. Mrs. Sullivan restated her motion "to show us what we're losing but the intention is to redraw it so he can show us what the driveways would represent in used up areas that can't be parked on and what the existing parking potential is for that piece of land and to keep the north end green and to keep the east of the property, as Mr. Frame suggested, a iow floral landscaping so that the riverfront view is not destroyed". ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay MOTION CARRIED 3-2 (Cartwfight, Paul - nay) Adopt Resolution No. R-97-38 - Cgpi~[s31 Improvement Funds Transfer - 1997 Barbgr 5[r~¢t Resurfacing to 1997 5chunaann Drive Resurfacing (Public Works Tronsmittal 6~/9/97, Program Sheet, R-97-38) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING RESOLUTION R-96-83 PROVIDING FOR THE REALLOCATION OF CAPITAL FUNDS INCREASING THE AMOUNT OF FUNDING FOR SCHUMANN DRIVE RESURFACING FOR FISCAL YEAR 1996-1997 AND DECREASING THE AMOUNT OF FUNDING FOR BARBER STREET FOR FISCAL YEAR 1996-1997; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-38 by title. Mrs. Cartwright asked when the widening of Schumann will take place and suggested with increased traffic by development south of the City, could staff look to Indian River County for additional funding for striping. The City Manager said he would look into it but did not want to hold up this paving. Mr. Paul suggested beginning paving in areas most used. Tut Connelly, 149 Kildare Drive, Sebastian, addressed Council. 15 Regular City Council Meeting  une 25, 1997 age Sixteen MOTION by Cartwright/Sullivan I move to approve the proposed Resolution transferring funds within the Capital Improvement Program from Barber Street resurfacing (fiscal year 1997) to Schumman Drive resurfacing (fiscal year 1998) ROLLCALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 The following items were not addre_sscd due to lack of time and will be carried to the July 9, 1997 regular meeting: 97.174/ 96.136 Determine Feasibili~ of_Q~-Way Designation on CiW Streets for Traffic Calming - If Council Concurs with Policy - Adopt Re~ll~tion [NO, R-97-39 - One-Way Wave Street (City Manager Ir011~mittal 6/19/97, Proposed R-97-39, Location Map, Plan Utlfler Separate Cover, Masteller & Moler Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COtYNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO CONVERT WAVE STREET FROM A TWO WAY STREET TO A (.)NE WAY STREET; PROViDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE, 97.147 First Reading of Ordinance No. ~-97-~ - Schedule Second Reading and Public Hearing for July 23, 1997 (Director of C~l~l~mi~y Development Transmittal 6/19/97, 0-97-53) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 20A-5.47. OF THE LAND DEVELOPMENT CODE REGARDING THE REGULATION OF MINI-STORAGE FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.097 First Rertdi~g of Ordinance No. 0-9%54 - Schedule Se~;oncl Reading and Public Hearing for July 23, 1997 (Director of Coramunity Development Transmittal 6/19/97. 0-97-54) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNI'Y, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING CONDITIONAL USES; PROVIDING THAT FOR CERTAIN SECTIONS THE COMMERCIAL OFFICE AND RESIDENTIAL ZONING DISTRICT (COR) SitALL BE CONSIDERED RESIDENTIAL; PROVIDING FOR COI)IFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 16 Regular City Council Meeting 1997 'age Seventeen 97.026 J. FirstRe~glillg 9f Or0jnance No. O-97-17 - Schedule Second Reading and Public Hearing for July 23, 1997 (Director of Community Development Transmittal 6/19/97._0-9%173 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, I:LORIDA; AMENDING SECTION 20A- 10.1 OF THE CODE OF ORDINANCES BY CREATING A SECTION EN ! ! I'LED "PURPOSE"; AMENDiNO SITE PLAN REVIEW PROCEDURES; REQUIRING A PREAPPLICATION CONFERENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING FOR APPEALS FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE PLANS MEETING CERTAIN CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SITE PLANS; AMENDING SECTION 20A-10.2 OF TIiE CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS AND ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20PuI0.2L OF THE CODE OF ORDINANCES BY ADDING "COMMUNITY DEVELOPMENT DIRECTOR"; AMENDING' SECTION 20A-10.3.14 BY ADDING "PLANNING AND ZONING COMMISSION"; AMENDING SECTION 20A-10.4 BY CLARIFYING APPEAL PROCEDURES; AMENDING SECTION 20A-10.5 BY LIMITING THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PREVIOUSLY APPROVED SH'E PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLLrHON OF CONFLICTS; PROVIDING FOR SEVERABll ,ITY AND PROVIDING AN EFFECTIVE DATE: 97.175 K. Review Pending List 15. CITY COUNCIL MATTER~ B. C. D. E. Mayor Walter Barnes Vice Mayor Richard Taracka Mrs~ Louise Cartwright Mr. Larr7 Paul Lv[l'~, Ruth Sullivan 16. Mayor Barnes adjourned the Regular Meeting at 11:00 p.m. Approved at the~ ,1997, Regular City Council Meeting. Mayor 17