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Home My WebLink About08061997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, AUGUST 6, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Worlc, hop. 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 97.112 A. Revised Ordinances Re: Parking/Traffic (Community Development Director Transmittal 7/30/97, Proposed Ordinances O-97-YY and O-97-ZZ) 97.166 B. Combined Parking (Conm~unity Development Director Transmittal 7/30/97) 97.195 C. Regulation of Mulching Machines (Community Development Director Transmittal 7/30/97) 97.196 D. Special Use Permits and Special Exceptions (Community Development Director Transmiual 7/30/97) 97.175 E. Review City Council Pending List (List 8/1/97) 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RIiSI~ECT TO ANY' MATTER ('ONSIDERP~7.) AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PI~OCIz'EDINGS AND MAY NEt,.'D 'ID ENSURE 7'ttA T A VERBA IJA4 RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE' TESTIMONY AND EVIDENCE UPON WtlI('H THE APPEAL. IS TO BE HEARD. (286. O105 F.SO IN COMPLIANCE WITH THE AMERICANS WITtt DISABILITIES ACT (ADA), ANYONE' WHO NEEDS A SPECIAL ACCOMg40DATlON FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE Ob'TttlS MEETIN('; ' ~pcoming Meetings'. Regular Meeting - Wednesday, August 13, 1997 (~ 7pm Workshop - Wednesday, August 20, 1997 ~ 7pm - Riverfront Recommendations Regular Meeting - Wednesday, August 27, 1997 (_&~ 7pm City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, AUGUST 6, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 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 StaffPresent: City Manager, Thomas Frame City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Chief of Police, Randy White City Council Workshop August 6, 1997 Page Two It was the consensus of City Council to allow public input following each item. 4. WORKSHOP ITEMS 97.112 Revised Ordinances Re: Parking/Traffic (CQllllll~j~ Dewlopment Director Transmittal 7/30/97, Proposed Ordinances O-97-XX and O-97-ZZ) Ordinance O-97-XX The Chief of Police offered several amendments as follows: · 98-4 - add "median" before "islands" and add after the second "road" - during emergencies such as accidents or breakdowns" · 98-7 - add "against the city" after "offense" · 98-7b - replace "duty" with "responsibility" · 97-8 - replace "enact" with "erect" · 98-3 i.B. 1. - questioned how no parking areas will be designated · 98-3 I.B.2. - add "temporary" in two places before "extraordinary" · 98-3 I.B. - tighten up meaning for exceptions ° 98-3 I.B.3. - add "premises or" before "lot" · 98-3 I.B.6. - questioned how the thirty minute time limit can be enforced ° 98-33 - suggested looking into an interlocal agreement so school grounds are covered ° 98-36(c) questioned verifying insurance on a vehicle ° 98-37.A. - said there may be a conflict with Florida Statutes. The Director of Community Development suggested that the sentence beginning with "However ...... "be deleted. City Council concurred. · 98-7.B. - The first sentence was deleted. The words "cite and" were added before "have the vehicle" in the second sentence. Add "after eight hours" at the end of remaining first sentence · 98-53(c) - delete "take its license number and may take any other information displayed on or by the vehicle which may identify its owner or operator" and add "make a reasonable effort to identify the owner" in its place ° 98-53(d) - change $2 penalty to $5 - leave $10 as is · 98-53(3) - change $4 penalty to $15 and $15 penalty to $25 ° 98-53(0 - delete everything starting at "The form of the notice shall be substantially as follows:...." to "Such notice mailed by certified...." · 98-53(h) - delete "such admission shall not be used as evidence in any other hearings" · 98-53 (j)(k)(l) - may have to be deleted in accordance with other deletions City Council discussion took place. Mr. Taracka said he ~knew people did not like the proposal to notify the Police Department in the event of a gathering, but something must be done to protect City swales. Mrs. Cartwright suggested changing 98-31 .A. to 48 hours and deleting 98-3 I.B. TAPE I - SIDE II (7:46 p.m.) City Council Workshop August 6, 1997 Page Three The City Manager said there is an assumption that homeowners who disturb their swales should be held accountable. A lengthy discussion followed on who parks in swales, what percentage of people park in swales, whether or not most parking causes damage, the possibility of charging people who damage swales, and designating problem areas as no parking zones. Following the discussion it was decided to remove all of Section 98-31 from consideration of the ordinance until the attorney has a chance to review it relative to the possibility of fining for swale damage. Discussion of the rest of the ordinance continued. Mrs. Sullivan said she would rather limit prohibition of parking in right-of-way to problem areas, disagreed with the police log, and suggested posting signs at Riverview Park rather than using meters and posting that only boat trailers can use double lanes for parking at the Yacht Club. The City Manager said these restrictions will be able to be placed by the proposed Ordinance 0-97-55 which will allow designating no parking by resolution. Discussion followed on need for loading and unloading restrictions. Mayor Barnes suggested putting a limit on the number of cars parked on a residential lot and referred to 98-36(c). Following some discussion the City Manager said 98-36 and 98-31 are intricately linked and suggested both of those sections be pulled and reworked after review by the City Attorney. City Council concurred. Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m All members were present. Mayor Barnes said he would like to see moving vans required to have cones around them while loading/unloading. The following members of the public addressed Council: Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed damage caused by trucks in the alley behind his home parallel to CR512. TAPE II - SIDE I (8:49 p.m.) Tut Connelly, 149 Kildare Drive, Sebastian, said he was confused by Council's action on this ordinance and urged them to move forward. Harry Thomas, 654 Balboa Street, Sebastian, questioned several provisions of both proposed ordinances and urged City Attorney review for constitutionality Howard Geiger, 1026 Schumann Drive, Sebastian, asked what the rules would be where no swales exist. City Council Workshop August 6, 1997 Page Four Louise Cuttenberg, 973 Oswego Avenue, Sebastian, objected to the parking prohibition and stated her reasons. Fred Mensing, 7580 129th Street, Sebastian, discussed disabled parking and the need for enforcement. Tommy Thompson, 125 Main Street, Sebastian, objected to notification of police for a gathering. Ordinance O-97-ZZ The Chief of Police suggested the following: · 20A-5.16.C. 1. - add "rented or leased" after "owned" and perhaps add as a definition for vehicle owner somewhere in the code · 20A-5.16.C.3. - add "in any six month period" after "weeks." and language stating if there is a sidewalk it cannot be blocked should be added. · 20A-5.16.C.7. - change to "current and proper" registration ° 20A-5.16.C.4. - change instances of"is" to "should be" or "shall be" There was a consensus to change 20A-5.16.1.C.(6) to 24 hours from 48 hours. It was noted the effective date of this ordinance needs to be changed. 20A-5.16.C.3 - The Director of Community Development suggested deleting the second sentence. 20A-5.16.C.5. - Mrs. Cartwright said "is not" should be "shall not be" Mrs. Cartwright expressed concem for limiting to two RVs. (20A-5.16.C.9) and instead recommended better screening/fencing. TAPE II - SIDE II (9:35 p.m.) Mr. Paul, referencing 20A-5.16.C.9., objected to the limitation of the number of Rvs as long as they are screened and said the meaning is not clear and referencing C. 13. said many Rvs are parked on unimproved lots. The Director of Community Development suggested no more than two at a time. Mrs. Sullivan said Council had compromised on allowing three Rvs at a previous workshop. Mrs. Cartwright again said she had a problem with limiting the number of Rvs allowed. Mayor Barnes asked that "no parking in right-of-way" be added to 20A-5.16.D. and, referring to 20A-5.16.1.C.(4), asked whether length would be better in determining the size allowed. The City Manager and Chief agreed that perhaps length would be better. 4 City Council Workshop August 6, 1997 Page Five 97.166 B. 97.195 C. Fred Mensing, 129th Street, Roseland, said registration lists weight of truck and not carrying capacity and said a 3/4 or l ton pickups could be up to 23 feet in length. The Director of Community Development said staffwill come up with new language relative to length rather than carrying weight of vehicles. Mayor Barnes asked if 20A-5.16.1.D.(1) had to provide for a summons, to which the Director of Community Development responded that he will get with the Chief and City Attorney because this is a Code Enforcement matter. Discussion came back to limiting the number of Rvs allowed. Following further discussion, Mayor Barnes said he would like to postpone this ordinance for now so he, and other members if they wish to on their own, can drive around town and look at the need for screening and/or limitation and bring it back to the next available workshop. Howard Geiger, Schumann Drive, Sebastian, said the City should not step on the toes of people in the RV storage/camping business; and reported a tractor trailer that parks on a lot offof Schumann Drive. Louise Cuttenberg, Oswego Avenue, Sebastian, asked for consideration of personal freedom relative to guest RV parking. At 10:30 p.m. there was consensus to extend the workshop to 11:00 p.m. Combir!~0 Parkilag (Community Developmerl[ Director Transmittal 7/30/97) Following a brief discussion on the use of and possible abuses of this provision a consensus poll was taken on whether to delete this section or leave it in. Mr. Barnes - delete Mr. Taracka - delete Mrs. Cartwright - leave in Mr. Paul - leave in Mrs. Sullivan - delete The Director of Community Development will bring back an ordinance. Regulati01a__gf Mulching Machines (Comm~ity Development Director Tra~nsmittal 7/30/97) Following City Council discussion and consensus, the Director of Community Development said he will come back with an ordinance in accordance with his recommendation on mulching machines. 5 City Council Workshop August 6, 1997 Page Six 97.196 D. Special Use Permits and Special I~xq~pti0ns (Community Development Director Tran_snli[BlJ 7/30/97) Following City Council discussion and consensus, the Director of Community Development said he will come back with an ordinance to delete provisions for special exceptions. 97.175 E. Review City Council Pending Li~ 0~i~; 8/I/97) Deferred to August 13, 1997. 5. May~J~arnes adjourned the workshop at 11:00 p.m. Approved at the//¢~//i o7~ , 1997, Regular City Council Meeting. Kath:cyn 1~. O'Halloran, CMC/AAE City Clerk ter W. Barnes Mayor 6 QUASi-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, AUGUST 13, 1997 97.187 A. &D,M. Transport - Application for Permit and Certifma[e of Public ConxCnience and Nec_.essi..~ - Co~ider Adoption of R~olution No. R-97-44 A RESOLUTION OF THE CITY OF SEBASTIAN INDIAN RIVER COIJNTY, FLORIDA, GRANTING A CERTI17ICATE OF PUBLIC CONVENIENCE AND NECESSITY TO A.D.M. TRANSPORT; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF TI-IE CODE OF TI-IE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITIt: PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address Proponent Opponent Information Only Name Address Proponent Opponent Information Only Name Address Proponent Opponent Information Only Name Address Proponent Opponent Information Only