HomeMy WebLinkAbout07091997SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
WEDNESDAY, JULY 9, 1997 - 6:00 P.M.
CITY COUNCIL CltAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by consensus of CiO, Council at the beginning of the Workshop. Substantive
decisions may not be made at Workshops (in accordance with R-97-21).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WORKSHOp ITEMS
97.001
1-6
A. Proposed Language Re: Board/Committee Appointment Procedures
ADJOURN
ANY PERSON WttO 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. (286.0105F..S.)
IN COMPLL4NCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NFF. DS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
MINUTES
WEDNESDAY, JULY 9, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the workshop to order at 6:00 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
Secretary, Linda Galley
City Council Workshop
uly 9, 1997
age Two
4. WORKSHOP ITEMS
97.001 A. Proposed Language Re: Bo~l'~Committee Appointment Procedures
It was the consensus of City Council to allow public input.
The City Attorney reviewed the proposed language (see attached) and sought direction from Council
to draft an ordinance. She advised them that sections of the Land Development Code and Code of
Ordinances dealing with various boards of the City will need to be amended accordingly.
City Council discussion followed. Mrs. Cartwright suggested more general advertisements so that
alternates could be moved up and make new appointments at the same meeting without readvertising,
and suggested special consideration for members who are up for renewal. Mayor Barnes said he'd
rather readvertise but they could be given special consideration.
Mrs. Cartwright recommended a letter of warning in the event that removal is being considered. The
City Attorney said there would have to be language to give the City Council discretion to do so.
Mrs. Sullivan recommended deleting "the board or committee shall interview applicants at a
public ..... ", since the Council is the appointing body.
Mrs. Sullivan requested that all members of all boards be residents, requesting that "unless ordained
provided by this Code or by law" be deleted.
Mr. Taracka recommended that "Prior to consideration of applicants by the City Council, the board
or committee requiring the appointment shall interview applicants at a public meeting and shall make
recommendations to the City Council concerning the filling of each vacancy" be deleted and agreed
with residents only.
Mr. Paul suggested that one person who is not a resident be permitted on a board to keep the City's
options open and not be limited. He said he would like to see CATF reworked and treated as a
board.
A consensus poll resulted in a 3-2 vote on all members being residents (Cartwright, Paul - nay)
Bob Freeland, 733 Wentworth Street, Sebastian, disagreed with board members recommending their
peers and said Council may have to go outside the City to fill some positions.
Keith Miller, 961 Riviera Avenue, Sebastian, said Council may have to go outside the City to fill
some of the Construction Board positions.
Tut Counelly, 149 Kildare Drive, Sebastian, suggested boards attend an interview seminar.
Ed Moore, 11450 Indian River Drive, Sebastian, said he has invested his life savings in a local
business and asked not to be excluded from participation.
2
'Council Workshop
9, 1997
Page Three
Chuck Neuberger, 257 Melrose, Sebastian, said he found cronyism in a recent interview.
Mayor Barnes adjourned the workshop at 6:43 p.m.
Approved at the ~ C~ '~
Meeting.
, 1997, Regular City Council
-~:_ ~'- ; Ka~rg,.,~'a3¥1. O'Halloran, CMC/AAE
Walter W. Barnes
Mayor
PUBLIC HEARING SIGN-UP SHEET
JULY 9, 1997 REGULAR MEETING
97.096
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 BU1LDING IN THE RMIt
DISTRICT, PROVIDING FOR A DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN
PUD-MIt, AN-D PROVIDING FOR THE USE OF A RESIDENTIAL MANUFACT~D 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. Oat
Reading 5/28/97, 1st Public Heating Set for 6/25/97, 2nd Public Hearing and Adoption 7/9/97)
Name
Address
Address
Name
Address
Name
Address
PUBLIC HEARING SIGN-UP SHEET
JULY 9, 1997 REGULAR MEETING
97.146
A. Second Reading, Publi~ Heating and Final Adoption of Or~ljnltn~:~ No. O-97-51
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
20A-6.1.C.25. OF THE LAND DEVELOPMENT CODE REGARDING REQUIRED SCREENING FOR DRIVE-IN
RESTAURANTS; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 6/11/97, Public Hearing and Adoption 7/9/97)
Sallie
Address
Name
OAddress
Narlle
Address
Name
Address
Name
Address
Nalile
Address
NalTle
Address
Name
Address
Nanle
Address
2
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JULY 9, 1997 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED A GENDA . LIMIT OF 10 M1NUTES PER SPEAKER
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2
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 9, 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 Carnillo
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
97.152 A. Presentation of Plaque to Kay Rogers - Indian River County Recreation Committee Alternate
13 - 26
97.054
27 - 32
97.121
33 - 34
97.178
35 - 42
97.181
43 - 48
9.
10.
11.
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
CONSENT AGI~NDA
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 Oty Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 6/18/97 Workshop, 6/24/97 Workshop
Adopt Resolntion No. Ro97-37 - Falcon Cable Franchise Extension to September 12, 1997 (City Manager
transmittal 7/2/97; Proposed Resolution R-97-37)
RESOLUTION NO,.B.-97-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED
BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR
THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Approve the additional appropriation of $4,340.44 from the Non-Departmental undistributed funds of
the City budget, specifically for the purchase of two (2) hand held 800MHZ radios. (City Manager
transmittal 7/1/97; Requisition)
Authorize the City Manager to execute the Letter of Agreement between the City of Sebastian and Adams
and Associates Developers, Inc., setting forth the appropriate street maintenance provisions as identified
(City Manager transmittal 7/1/97; Proposed Letter of Agreement; Transcript of a portion of the Special
City Council Meeting held April 16, 1997)
Recommend approval of the License Agreement authorizing the Pelican Island Garden Club a non
exclusive irrevocable license for the planning and maintenance of certain landscaping upon and across
the subject property abutting Dominican Lake (City Manager transmittal 7/2/97; Letter from Margaret
Miqueloa, President Pelican Island Garden Club; Letter from City Manager to Garden Club; Proposed
License Agreement; Map of subject property)
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
o Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
° StaffPresentation
° Public Input - Limit ofl 0 Minutes Per Speaker
· StaffSummation
° Mayor Closes Hearing
· Council Action
97.182
79 - 82
First Reading Of Ordinance O-97-55 - Schedule Seqond Reading and Public Hearing for July 23.
1997 (Cigt Manager transmittal 7/2/97: O-97-55]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "DESIGNATION OF 'NO PARKING' AREAS"
PROVIDING THAT THE CITY COUNCIL MAY ESTABLISH "NO PARKING" OR "RESTRICTED
PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY RESOLUTION; PROVIDING THAT IT
IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
97.177 C..
83 - 84
97.179 D.
85 - 96
97.180 E.
97 - 98
16.
Approve the Airport Manager position job description with the modification regarding unicom
communications (City Manager transmittal 7/1/97, Airport Manager Job Description)
Approve the propsed Lease Agreement with Primeco Personal Communications and authorize the
City Manager to execute said lease (City Manager transmittal 7/1/97; Primeco Personal
Communications Lease Agreement)
Consider the request for a waiver of the perimeter setback for a proposed gasoline canopy.
(Community Development transmittal 7/1/97; letter from R~ Mosby to B. Massarelli dated 6/25/97;
Site plan)
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 I~rttO DECIDES TO APPEAL ANY DECISION MADE BY THE C37T COUNCIL IVITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING (OR HEARING) Ve'ILL N~D A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS I$ MADE, IVHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON Ve'HICH THE APPEAL
I$ TO BE ~. (286.0105F. S.)
IN COMPLIANCE WITH THE AMERI~NS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CI'IT 'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming City CouncilMeetings
Special Meeting -July 16, 1997 ~ 7pm (Quasi.dudicial Hearing)
Budget Workshop -Monday, July 21, 19976 7pm
Tentative Budget Workshop - Tuesday, July 22, 1997 ~ 7pm (if needed)
Workshop - Wednesday, July 23, 1997 ~ 6pm
Regular Meeting - Ve'ednesday, July 23, 1997 ~ 7pm
Quarterly Open Forum - Wednesday, July 30, 1997 ~ 7pm
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 9, 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.
There was a moment of silence.
ROLL CALL:
City Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
Director of Community Development, Bob Massarelli
City Engineer, Martha Campbell
Public Works Director, Pat Brennan
Deputy City Clerk, Sally Maio
Secretary, Linda Galley
Mayor Barnes commended the Lions Club and City staff for a successful Fourth of July celebration.
Regular City Council Meeting
9, 1997
Two
97.152
97.174/
96.136
AGENDA MODIFICATIQIN~ (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of C~ly Council members (R-97-21)
It was the consensus of City Council to defer item 97.179 Primeco Agreement to the July 23, 1997 Regular
Meeting.
PROCL~.MATIONS. ANNOUNCEMENTS _AND/OR PRESENTATIONS
A. Presentati.O. ll of plaque to Kay Rogers - IndiillL~'~¢r County Recreation Committee.Bltemate
Mayor Barnes presented the plaque to Kay Rogers.
ITEMS DEFERRED FROM JUNE 25. 1997 REG]dl, akR MEETING DUE TO LACK OF TIME
Determine Feasibili~ of One-Way Design0lJ.9.11 on City Streets for Traffic Calming - If Council
Concurs with.Policy - Adopt Resolution No, R-pT-39 - One-Way Wave Street (City Manager
Transmittal 6/19/97, Proposed R-97-39, Location Map, Plan Under Separate Cover, Mastell~r &
Moler R~l~grt)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AIfFItORIZING 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.
The City Attorney read Resolution No. R-97-39 by title.
The City Manager gave a brief history of this item, stated that this was ultimately a policy decision of
Council and said the City Engineer was prepared to discuss alternatives.
The City Engineer reported that she had looked at volume and safety issues, had conducted a traffic
count which resulted in a traffic count of approximately 2000 vehicles per day which is considered
light. She also noted there had been 2 traffic accidents since 1994. She said neither the volume or
safety record warranted one-waying Wave Street. She said however, there is no engineering reason
why it couldn't go one way, therefore, so she could not recommend either way.
The City Manager said the issue has been speed into the curves on George Street making it difficult
to back out of driveways, noting there had been a discussion of stop signs at George and Dyke but
that it had been found that Florida Statutes prohibits the use of stop signs to slow speeding. He said
the City Engineer had informed him FDOT has a manual of traffic calming methods which she could
review. He then gave a brief history on how Wave Street became a through street.
A lengthy discussion followed relative to alternative methods to slow speeders on George Street such
as stops signs, reducing the speed limit, conducting a speed study, and requirements of Florida
Statutes Chapter 316.
2
Regular City Council Meeting
~ 9, 1997
age Three
Beginning at 7:28 p.m. the following members of the public spoke on the matter of one-waying
Wave Street:
Betsy Field, 149 Kildare Drive, - opposed
Al Schofield, 734 Rose Avenue - information
Bob Ashcrofi, 785 George Street - in favor - submitted petition
Frank Oberbeck, 601 Layport Drive - opposed
Warren Dill, 11675 Roseland Road - opposed
Ellie Roberts, 781 George Street - in favor - submitted documents
TAPE II - SIDE I (7:51 p.m.)
Louise Cuttenberg, 973 Oswego - opposed
Maria Alterton, George Street - in favor
Howard Goldstein, 425 Seagrass Avenue - opposed
Chuck Neuberger, 357 Melrose Avenue - opposed
Sal Neglia, 461 Georgia Boulevard - information
Martha Wininger, 106 Thunderbird - opposed
Tut Connelly, 149 Kildare Drive - opposed
Public input ended at 8:33 p.m. and City Council and staff discussion continued.
Mayor Barnes suggested that since it is a policy decision of City Council, that new information has
been received tonight and to allow the City Engineer additional time for review of alternatives, this
item should be deferred.
MOTION by CartwrighffSullivan
I move to postpone the action on R-97-39 until the first meeting in October 1997 for the
purpose of garnering more information from the staff and public.
Mr. Paul said the berm idea Mr. Goldstein had suggested for Wave Street residents had merit.
TAPE II - SIDE II (8:36 p.m.)
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:55 p.m. All members were present.
Regular City Council Meeting
9, 1997
: Four
TAPE III - SIDE I (8:56 p.m. problem with TAPE ii - SIDE II)
97.147 H.
97.097 I.
First Reading of Ordinance No. 0-9%53 - Schedule Second Reading and Public Heorj3qg for h.ugu~l
13.1997 (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-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,
The Deputy City Clerk read Ordinance No. 0-97-53 by title.
Mrs. Cartwright suggested addition of language from paragraph m. on page 177 to the list of general
regulations of mini-storage facilities paragraph B. 11. There were no objections.
It was the consensus of Council to extend hours of operation to 10 p.m and to delete all language
relative to outside storage at this time until it can be addressed separately.
Keith Miller, 961 Riviera Avenue, Sebastian, addressed Council.
MOTION by Cartwright/Taracka
I move to accept the first reading of Ordinance 97-53 as amended, set the public hearing and
second reading for August 13, 1997.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 4-1 (Paul - nay)
First Reading of Ordinance,._LNo, 0-.97-54 - Schedule Second Reading and Pub!i_q Hearing for August
13, 1997 (Director 9f Community Development Transmittal 6/19/97, 0-97-54)
AN ORDINANCE OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE IAND 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.
The City Attorney read Ordinance No. 0-97-54 by title.
4
Regular City Council Meeting
~ 9, 1997
Five
MOTION by Taracka/Sullivan
I move to approve the first reading of Ordinance 0-97-54 and set a public hearing and
second reading for August 13, 1997.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
97.026
Jo
First Reading of Or!linance No. O-97-17 - Schedule S~gorl0~ Reading and Public Hearing forAugu~
13,_ ! 997 (Director of Community Develol~m_~ Transmittal 6/19/97, O-97-17)
AN ORDINANCE OF TI-[E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 10.1 OF THE
CODE OF ORDINANCES BY CREATING A SECTION ENI 1 ILED "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 SEVERABII,ITY
AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-97-17 by title.
Mrs. Sullivan suggested the following changes:
· Page 194 - add "or additional operations" after "any change of use" in previous paragraph
42
° Suggested references to "recommendations" be changed to "report", however, the City
Attorney advised Council needs staff recommendation
° Expressed concern that appeal is based only on the record, however, the City Attorney
advised her to leave as is
° Page 197 - H.l.b. should be "site" rather than "subject" - no concurrence by Council
° Page 199 - end of section 3 add "or affected parties" and delete "not" in 4.b.
· Page 201 - change "comment" to "concurrence" here and anywhere there is a reference to
city staff comment - the Director of Community Development suggested deleting "a
summary of" in the middle of paragraph b.
° Page 203 add "elevation" after "floor plan" in paragraph I.b. 1.
° Page 204 - add "affected parties" at the end of paragraph 2 and add reference to "Land
Development Code, Code of Ordinance and Comprehensive Plan" to 20A-10.2.
TAPE III - SIDE II (9:42 p.m.)
Regular City Council Meeting
~ 9, 1997
Six
175
The Director of Community Development added "six" to page 207 after "previous" in the middle of
20A-10.5.
Mayor Barnes was advised that affected parties will be defined in the LDC.
Mrs. Cartwright objected to only one minor modification being allowed. A poll of Council resulted
in a 3-2 (Cartwfight, Paul - nay) decision to allow only one minor modification.
MOTION by Bames/Taracka
I'll make a motion to approve the first reading of Ordinance O-97-17, schedule second
reading and public heating for August 13, 1997, second reading and public hearing as amended.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
K. Revie3v Pending List
MOTION by Cartwright/Paul
I move to defer review of the pending list until our meeting of July 23, 1997.
ROLLCALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
CITY COUNCIL MATTERS
A. Mayor Wt~lter Barnes
Mayor Barnes requested a name from each Council member by the end of the week for a participant
in the meeting with Indian River County Recreation next week. Mrs. Sullivan volunteered Kay
Rogers.
6
ulyegular City Council Meeting
9, 1997
Page Seven
97.054
10.
B. Vice Mayor Kichard Tar~}i0
None.
C. Mrs. Louise Cartwright
Mrs. Cartwright asked the City Manager to look at the problem of fire hydrant plastic wrap
unraveling all over city roads and congratulated city staff for its first prize float in the parade.
D, Mr. Larry Paul
None.
E. Mrs. Ruth Sullivan
None.
CITY ATTORNEY MATTERS
None.
CITY
The City Manager commended staff for its float and the Lions Club for the 4th of July celebration stating he
would work with them on areas that need improvement; reported that police facility HVAC bids came in and
were high; discussed the proposed canoe launch area grant; and that he had obtained a copy of Indian River
County's telecommunications ordinance and would be workshopping telecommunications on July 16, 1997.
CONSENT AGENDA
All ttems on the consent agenda are cons/tiered to be rout/ne and wtll 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 - 6/18/97 Workshop, 6/24/97 Workshop
Adopt Resolution No. R-97-37 - Falcon Cable Franchise Extension to September 12, 1997 (City
Manager Transmittal 7/2/97; Proposed Resolution R-97-37)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTiNG AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND
PROVIDING FOR AN EFFECTIVE DATE.
7
Regular City Council Meeting
t 9, 1997
Eight
97.121 C.
Approve the Additional Appropriation of $4,340.44 from the Non-departmental Undistributed Funds
of the City Budget, Specifically for the Purchase of Two (2) Hand Held 800rnhz Radios. (City Manager
Transmittal 7/1/97; Requisition)
97.178 D.
Authorize the City Manager to Execute the Letter of Agreement Between the City of Sebastian and
Adams and Associates Developers, Inc., Setting Forth the Appropriate Street Maintenance Provisions
as Identified (City Manager Transmittal 7/1/97; Proposed Letter of Agreement; Transcript of a Portion
of the Special City Council Meeting Held April 16, 1997)
97.181 E.
Recommend Approval of the License Agreement Authorizing the Pelican Island Garden Club a non
Exclusive In-evocable License for the Planning and Maintenance of Certain Landscaping upon and Across
The Subject Property Abutting Dominican Lake (City Manager Transmittal 7/2/97; Letter from Margaret
Miquelon, President Pelican Island Garden Club; Letter from City Manager to Garden Club; Proposed
License Agreement; Map of Subject Property)
The City Manager read the consent agenda and the City Attorney read Resolution No. R-97-37 by title.
Mr. Paul removed item C and Mayor Barnes removed item E. The City Manager asked that item D
be removed.
MOTION by Cartwfight/Taracka
I move to approve items A and B of the consent agenda.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
97.121 C.
Approve Ii0_,e Additional Appropriation of $4,340.44 from the Non-department0_! Undistributed Funds
0fthe City Budget, Specifically for the Purchase of TWO ~2) Hand Held 800mhz Radios
The City Manager explained the purpose of the radios for emergency/disaster purposes.
MOTION by Paul/Taracka
I move that we approve item C of the consent agenda.
ROLL CALL: Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwdght
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
Regular City Council Meeting
~ 9, 1997
~ge Nine
97.178 D.
97.181 E.
Authorize th~ City Nla~ager to Execute the Letter of Agreement Between the City of Se~n ~!nd
Adams and Associates Dcv~lol~r~. It~c,, Setting Forth the Appropriate Street Maintenance
Provisions as Identified
The City Manager distributed a revised letter agreement dated July 1, 1997 and explained the change,
however, subsequent to hearing from Attorney Warren Dill, he recommended approval of the
originally submitted June 2, 1997 draft.
MOTION by Cartwright/Taracka
I move to approve item D 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
Recommend Approval of the Lig_er~greement Authorizing the Pelican Island Garden Ciolo 0 Non
Excl~iv~ [rr~yogable License for the Planning and Maintengo~ Of Certain Landscaping Upon and
Across the Subject Propelly Ab~tting Dominican Lake
The City Manager recognized members of the Pelican Island Garden Club and commended thcm for
their efforts. Mrs. Miquelon briefly explained the club's plans for the park.
MOTION by Cartwright/Paul
I move to approve item E of the consent agenda.
KOLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
t 9, 1997
Ten
MOTION by Cartwright/Taracka
I move to extend the meeting to 11:00 p.m.
ROLL CALL:
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
aye
aye
aye
aye
aye
MOTION CARRIED 5-0
11.
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
· StaffPresentation
° Public Input - Limit ofl 0 Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and
State His/Her Name for the Record
146
Second Readirl& Public Hearing and Final Adol~fion of Ordinance No. O-97-51 (Director of
Community Development Transmittal 7/1/97, 0-97-51)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
20A-6.1 .C.25. OF THE LAND DEVELOPMENT CODE REGARDING REQUII~ED SCREENING FOR DRIVE-IN
RESTAURANTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading 6/l l/97, Public Hearing and Adoption 7/9/97)
The City Attorney read Ordinance No. 0-97-51 by title and Mayor Barnes opened the public hearing
at 10:28 p.m. and being no input, closed it.
MOTION by Taracka/Paul
I move to approve Ordinance O-97-51.
ROLLCALL:
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
10
Regular City Council Meeting
uly 9, 1997
age Eleven
97.096 B.
Final Reading. Second public Heating an0 Final Adoption of Ordinance No. 0-9%52 (Director 9f
(~ommunil;y Development Transmittal 7/1/97. O-97-5~
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 MANUFACT~D BUILDING IN PUD-MI-I, AND PROVIDING FOR THE USE OF' A
RESIDENTIAL MANUFACTURED BUILDING AS A PERMITTED USE IN THE PUD-MIt DISTRICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 5/28/97, 1 st Public Hearing 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 the public hearing
at 10:30 p.m. and being, no input, closed it.
TAPE IV - SIDE I (10:31 p.m.)
MOTION by Taracka/Paul
I move to approve Ordinance 0-97-52.
ROLL CALL:
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
12.
INTRODUCTION OF NEW BUSINESS F]IOM TIlE PUBLIC
Which is not otherwise on the agenda ~ sign-up required - limit often minutes for each speaker
Keith Miller, 961 Riviera Avenue, Sebastian, expressed concern for religious and confederate participants in
the parade.
John Ellis, 602 Rolling Hill Drive, Sebastian, Lions Club, thanked all those involved for a successful 4th of
July celebration.
Bill German, 1338 Cownie Lane, Sebastian, requested that item 14 A be delayed due to the late hour and
absence of the public.
13. COMMITTEE REPORTS/RECOMMENDATIONS
None.
11
{~tulegular City Council Meeting
y 9, 1997
Page Twelve
14. OLD BUSINESS
97.071 A.
Review thc Filltl[ plans for Parking Area on the Cavcorp Property Prepared by C~k Engineering and
Determine the Council's 50ti~faction Prior to Staff Submitting the Plans to the Planning.~n~l Zgning
Commission fQr ~;Jt¢ plan Approval and the Solicitation of Bids for Construction ((;orrlmunity
l)e¥$10Pment Director Transmittal 7/1/97; Site Plans AttachecD
The Director of Community Development gave a brief overhead display presentation. Mrs. Sullivan
objected to any elimination of parking spaces and forcing boaters to park at the west end, stating we
need parking not a park.
Mayor Barnes cited a brief history of the site, stating that boaters took over the site due to lack of
action by the city after it was purchased, but now the public has participated in the design of the site
and have reached a compromise of parking and park area. Mr. Taracka said he was happy with the
plan in front of him now, but suggested holding up on the chain on the north side for now and
eliminating the honeycomb.
Louise Cuttenberg, 973 Oswego Avenue, Sebastian, objected to boaters parking so far from the
ramp.
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, noted the City has landscape requirements it
must comply with.
G-reg Golien, 711 Wimbrow Drive, Sebastian, recommended leaving the site as is.
Sally Gore, Belfast Terrace, Sebastian, began to speak but time ran out.
Mayor Barnes adjourned the Regular Meeting at 11:00 p.m.
12
followiRg itOmS wore not addressed and will be deferred to the July 23. 1997 meeting ~10ng with the
CAVcorp item:
15. NEW BUSINESS
97.176/ A..
96.110
Adopt Re,~.ohltJoll R-97-40 - Supplemental Agreement No. 2 with CRA Engineering.
Inc., to Provide Consulting Services - Conurt!~il~ Block (~rant .(Communily Development Director
Transmittal 7/1/97, R-97-40, Supplemental Agreement No.2, Scope of Y~rork)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAOER TO SION AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL
AOREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT tIEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE.
97.182 B.
First Reading of Ordinance O-97-55 - Schedule 5~coll~t Reading and Public Hearing fbr July 23,
1997 (Cii7 Manager transmittal 7/2/97; 0-97-55)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
CREATINO A NEW SECTION TO CHAPTER 98, ARTICLE Fl OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "DESIGNATION OF 'NO PARKING' AREAS" PROVIDINO THAT THE CITY COUNCLL
MAY ESTABLISH "NO PARKING" OR "RESTRICTED PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY
RESOLUTION; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE;
PROVIDINO FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Approve the Airport Manager Po~ik~oll.Job Description with the Modification R~gordjrtg Unicom
Communicatio~ l~City Manager Transmittal 7/1/97. Airport Manager Job Description)
97.180 D.
Consider the Request for 0 Waiver of the Perimeter Setback for a Proposed Gasoline Canopy.
(Community Development Transmittal 7/1/97; Letter from R. Mosby tO_B. Ma~sarelli Dated
§/25J97; Site Plan)
Approved at the ~.L~ ~ ~
City'Clerk .-
,1997, Regular City Council Meeting.
Walter W. Barnes
Mayor
13