HomeMy WebLinkAbout08131997 AUGUST 13, 1997 CITY COU~NCIL
S13COND RE/kDING, PUBLIC HEARING AND FINAL ADOPT[QN
97.026 A. Ordinal~¢ No. O-97-17 Name:
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN Address:
RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
l0.1 OF THE CODE OF ORDINANCES BY CREATING A ......................................................
SECTION ENTITLED "PURIK)SE"; AMENDING SITE PLAN Name:
REVIEW PROCEDURES; REQUIRING A Address:
PREAPPLICATION CONFERENCE PRIOR TO FILING AN
APPLICATION FOR SITE PLAN REVIEW; CREATIN(} NEW ......................................................
PROCEDURES FOR SITE PLAN REVIEW; PROVIDING Name:
FOR APPEALS FROM THE DECISION OF THE PLANNING Address:
A_ND ZONIN(} COMMISSION APPROVIN(} A SITE PLAN;
CREATING PROCEDURES FOR ADMINISTRATIVE ......................................................
APPROVAL OF SITE PLANS MEETIN(} CERTAIN Name:
CRITERIA; CREATIN(} PROCEDURES FOR Address:
MODIFICATIONS OF PREVIOUSLY APPROVED SITE
PI)uN'S; AMENDING SECTION 20A-10.2 OF THE CODE OF
ORDINANCES BY ADDIN(} MODI3"ICATIONS TO SITE
PLANS AND ADMINISTRATIVELY APPROVED SITE
PLANS; A_MENDIN(} SECTION 20A. 10.2L OF THE CODE
OF ORDINANCES BY ADDING "COM]x4UNITY
DEVELOPMElqT DIRECTOR"; AMENDING SECTION 20A-
10.3.14 BY ADDING "PLANNIN(} AND ZONING
COMMISSION"; AMENDING SECTION 20A-10.4 BY
CLARIFYING APPEAL PROCEDURES; AMENDING
SECTION 20A-10.5 BY LIMITINO 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. (1/15/97 Workshop I st
Reading 4/9/97 - Deferred for Further Review by City Attorney -
6/11/97 First Reading - Revised and Carried to 6/18/97
Workshop for Further Review - 1st Reading Scheduled for
6/25/97 - Time Ran out - Carried to 7/9/97 - Ph 8/13/97
97.147 B. Ordinam;~ No. O-97-5:~ Name: ...1
~ O~CE OF T~ CITY OF SEBAST~, ~D~ Address:
~R CO~TY, ~O~A, EST~LIS~G SECTION
20A-5.47. OF T~ L~ DE~LOP~NT CODE ......................................................
~G~G T~ ~G~TiON OF ~-STO~GE Name:
FAC~S; PRO~G FOR CO~ICTS; PROntO Address:
FOR SE~ITY; ~ PROLOG FOR ~
EFFECTI~ DATE. (lst Reading 7/9/97, AdveRised Legal ......................................................
7/30/97, PH 8/13/97) Name:
Address:
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Address:
97.097 C. Ordinance h[{}. 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. (lst Reading
7/9/97, Advertised Legal 7/30/97, PH 8/13/97)
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97.182 D. ~)rdj~ance No. 0-9%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
SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE.
Oat Reading 7/23/97, Advertised Legal 7/30/97, PH 8/13/97)
97.197 E. Review and Discuss a Presentation Re:
City's Intent to File an Application for Florida
Recreation Development Assistance Program Grant
to Improve and Upgrade Existing Green Metal
Building at Barber Street Sports Complex South
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INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
AUGUST 13, 1997 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
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Su ect:
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SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 13, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF TIIE CiTY CLERK. 1225 MAIN STREET, SEBASTIAN., FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council
- limit often minutes perspeaker (~-97-2])
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION/MOMENT OF SILENCE
4. ROLL CALL
AGENDA MODIFICATIO~N$ (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. PROCLAMATIO. NS, ANNOUNCEMENTS AND/OR PRESENTATIONS
7. CITY ATTORNEY.MATTeRS
8. CITY MANAGER MATTERS
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion. There will
be no separate discussion of consent agenda items unless a member of City Council so requests; in which
event, the item will be removed and acted upon separately.
Approval of Minutes - 7/16/97 Workshop, 7/21/97 Budget Workshop, 7/23/97 Regular Meeting,
7/30/97 Forum
97.177
Adopt Resolution No. R-97-43 - Airport Manager Job Description in Accordance with Section 2-
4(b) Code of Ordinances (Human Resources Director Transmittal 8/1/97, R-97-43 and Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB
DESCRIPTION FOR THE POSITION OF AIRPORT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB
DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDINO FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN
EFFECTIVE DATE.
97.187
10.
pUBI~IC HEARING (QUASI-JUDICIAL)
Procedures for Quasi-,Judicial Hearings as Follows (ln accordance with R-96-87):
o Mayor/Presiding Officer Opens Hearing and Outlines Rules
o City Attorney reads Ordinance or Resolution (if Applicable)
· If Requested by Party or Party Intervenor - Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors
Who Intend to Testify
° For Non-Land Use Matters -Disclosure of Ex-Parte Communication
o Stafflnitial Presentation
° Inquiry of Staff by Affected Parties through Mayor or Presiding Officer
° Applicant Presentation - Uninterrupted 15 Minutes
· Inquiry of Applicant or Applicant's Witttesses by Council (or Staff or Affected Parties through Mayor or Presiding
Officer)
° Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
° Inquiry of Proponents by Council/Board
Opponents' Presentation - Affected Party Opponents 15 Minutes - Non-Affected Opponents 3 Minutes or 10 Minutes if
Representing a Group of 5 or More
· Inquiry of Opponents or Opponent's Witnesses by Council/Board
· Opening oflnformational Testimony - Any Member of Public with Information or Need for Clarification - 3 Minutes or
10 Minutes if Representing Groups of 5 or More
° btquiry of Informational Witnesses by Council/Board
· Closing of Public Information Period - No Additional Public Comments Allowed Except in Response to Council/Board
Questions
· Staff Response and Summary - 10 Minutes (Response to Applicant, Opponents or Informational Witnesses ~ Affected
Parties May Request to be Allowed to Point Oul Errors of Fact or Ask Questions of Staff or Staff Witnesses)
· Applicant's Rebuttal Presentation - ] 0 Mittutes (Affected Parties or Staff May Request to be AIlowed to Point Out Errors
of Fact or Ask Questions of Applicant or Applicant Witnesses)
° City Council/Boardlnquiry of Applicants, Opponents or Staff
° Close Hearing and Formal Action
Applicant, Staff and Affected Landowners Entitled to Notice Under any Statute or City Code are considered Affected Parties.
Affected Parties May Request Extension of Tbne
A person who appears before the decision making body who is not a party or party #ttervenor may be allowed to testify before the
decision making body, may be requested to respond to questions frotn the decision maldng body but need not be sworn as a witness
and is not be subject to cross-examination and is not required to qualify as att expert witness. The decision making body shall
assign weight and credibility to such testimony as it deems appropriate.
Ao
A.D.M. Transport - Application for Permit and Certificate of Public (;9rl¥¢~i¢[!ce3nd Necessity -
Consider Adoption of~q:;sqlutjon No. R-97-44 (City Clerk Tran~n!ittal 8/7/97. Application
w/Supportiog Documentation, Excerpt Chapter 106)
A RESOLLrllON OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIYICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO A.D.M. TRANSPORT; PROVIDING FOR COMPLIANCE WITH
THE REQUIRElvlENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR
LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDINO FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS 1N CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
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97.026
97.147
97.097
11.
pUBLIC HEARING
Procedures for public hearings: (R-97-21)
Mayor Opens Hearing
o Attorney Reads Ordinance or Resolution
° StaffPresentation
· Public Input - Limit oflO Minutes Per Speaker
o Sta. ffSummation
· Mayor Closes Hearing
· Council Action
Anyone [Visiting to Speak is Asked to Sign Up Prior to the Meeting, Whe. Called go to the Podium and State His/Her Name for the
Record
Ao
Second Reading, Public He0fiog and. Final Adoption of Ordinance No, O-97-17 - Site Plan
Procedures (Director of CoIlxrol~nj~Dcvelopment Transmittal 8/6/97, 0-97-17)
AN ORDINANCE OF 12-1E CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
l 0.1 OF THE CODE OF ORDINANCES BY CREATING A SECTION 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 PLANNINO AND ZONING COMMISSION APPROVING A SITE
PLAN; CREATINO PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE PLANS MEETING CERTAIN
CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SITE PLANS;
AlvlENDING SECTION 20A-10.2 OF THY, CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS
AND ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20A.10.2L OF TIdY~ CODE OF
ORDINANCES BY ADDING "COMMUNITY DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A- 10.3.14 BY
ADDINO "PLANNING AND ZONING COM]vIISSION"; AMENDINO SECTION 20A-10.4 BY CLARIFYING APPEAI,
PROCEDURES; AMENDING SECTION 20A-10.5 BY LIMITINO THE NUMBER OF EXTENSIONS WHICH MAY BE
ORANTED TO A PREVIOUSLY APPROVED SITE PLAN; PROVIDING FOR CODIla'ICATION; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDINO FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
(1/15/97 Workshop 1st Reading 4/9/97 o Deferred tbr Further Review by City Attorney - 6/11/97 First Reading ~ Revised and
Carried to 6/18/97 Workshop for Further Review - I st Reading Scheduled for 6/25/97 - Time Ran out - Carried to 7/9/97 -
Ph 8/13/97
Seeond..R~fl~ting, Public Hearing and Final Adoption of Ordinance No. O-97-53 - Mini-Storage
Facilities (Director of CommutqiW_D~y~Lqpment Transmittal 8/6/97, 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. (1 st Reading 7/9/97, Advertised Legal 7/30/97, PH 8/13/97)
Co
$?cond Reading, Public Hearing 0~ql Final Adoption of Ordinance No. O-97-54 - '~hen COR is
~9nsidered Residential (Director_o£ ~OWanunity Development Transmittal 8/6/_97, 0-97-54)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO THE LAND
DEVELOPMENT CODE REGARDIN(} CONDITIONAL USES; PROVIDING THAT FOR CERTAIN SECTIONS TIlE
COMMERCIAL OFFICE AND RESIDENTIAL ZONING DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL;
PROVIDING FOR CODII~ICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EYFECTIVE DATE. ( 1 st Reading 7/9/97, Advertised Legal 7/30/97, PH 8/13/97)
77.182
97.197
12.
97.190
97.192
97.157a
97.157b
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14.
97.128
Do
Second Reading, Public Hearing and Final Adoptioll. of OrdLnance No. 0-97-55 - Designating No
Parking by Resolution (City Manager Tran~r0i~;l~gl 817.297, 0-97-55)
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 CIIY COUNCIL
MAY ESTABLISH"NO PARKING" OR "RESIRICTED 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 INCONSISTENI PROVISIONS; PROVIDING FOR
SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 7/23/97, Advertised Legal 7/30/97, PH 8/13/97)
Review and Discuss a Presentation Re: City's Intent to File an Application for Florida Recreation
Development Assistance Program Grant to Improve and Upgrade Existing Green Metal Building at
Barber Street Sports Complex South (No Backup)
INTRODUCTIO.~. OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMITTEE REPORTS/RECOMMI~NDPsT! OblS
A. Planning and Zoning Commission
Interview and Appoint Regular Member - Term to Expire 6/1/00 - Board Recommends
Horry Johns - Deferred from 7/23/97 Meeting (Community Development Director
Transmittal 7/15/97, Applications, P & Z Minutes 6/19/97)
B. Riverfront Committee
Accept Resignation of Edward Moore Effective Immediately - Deferred from 7/23/97
Meeting (Director of Community Development Transmittal 7/16/97, Moore Letter 7/14/97)
C. Tree Advj. g/~ D00rd
Appoint Alternate Member - Unexpired Term to Expire 11/98 - Only One Application
Received - Committee Recommends William Brognano (Director of Community
Development Transmittal 7/16/97, Application, Minutes)
ii.
Accept Resignation of David Cox (Director of Community Development Transmittal
8/6/97, Cox Letter)
OLD BUSINES~
Consideration of Acquisition of Lot 23, Block 12, Unit 1 - Sebastian Highlands Subdivision in the
Amount of $15,000 (City Manager Transmittal 8/8/97, 4/23/97 Minutes Excerpt, Morrison Letter
5/29/97, PW Memos and Letters, Appraisal, Map)
97.198
97.183
97.199
97.156
7.200
97.175
97.201
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17.
NEW BUSINESS
Adopt Resolution NO, R-97-42 - Establishing New Policy on Installation of Culyeffl[ Pipe and
Repealing Resolution N9.,_1~-95-35 (City Manager Transmittal 7/30/97. R-97-423
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION
NO. 93-35 THAT ESTABLISHED A CULVERT PIPE POLICY WITH COST SHARING FROM CITIZENS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EbTECTIVE DATE.
Adopt Resolution No. R-97-46 - R~Yisell Quasi-Judicial Procedures (City Manager Transmittal
8/5/97, R-97-46)
A RF_~qlOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES
FOR QUASI-JUDICIAL HEARINGS; ESIABLISHING RULES; DESIGNATING THE CONTENTS OF THE RECORD;
ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Consider Piping and Drainage Outfall Ditch Between Lots 14 and 15, Block 293, Unit 11, Sebastian
Highlands Subdivision (City Manager Transmittal 8/8/97, Cost Estimate, Survey, Location Map,
GDC Drainage Plan Data)
Approve Water Quality Monitoring Contract Between Sebastian & Brevard Teaching and Research
Laboratories Prepared by City Attorney - Authorize City Manager to Execute Contract (City
Manager Transmittal 8/7/97, BTR Letter, Proposed Contracts Prepared by BTR and City Attorney)
Eo
Review Proposed November and December 1997 Calendars and Reschedule City Council Meetings
Accordingly (City Clerk Transmittal 8/6/97, Calendars with City Manager Suggested Schedules)
F. Review Pending List
CITY COUNCIL LVlA~FRS
A. Mr. Larry Paul
B. Mrs. Ruth Sullivan
C. Mayor Walter Barnes
Discuss Establishment of City Recreation Committee
D. Vice Mayor Richard Taracka
E. Mrs. Louise Cartwright
ADJOURN (All meetings shall adjourn at lO:30 p. tn. unless extended for up to one half hour by a
majority vote of City Council)
NY PERSON WHO DECIDES TO APPEAL ANY DECiSiON MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
ONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 Al' LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Mee~ng~ :
Workshop - Wednesday, August 20, 1997 ~ 7pm - Riverfront Recommendations
Regular Meeting- Wednesday, August 27, 1997 ~ 7pm
Tentative Workshop- Wednesday, September 3, 1997 (~ 7 pm
Regular Meeting- First Millage/Budget Hearing- Wednesday, September 1 O, 1997 (5 7 pm
Special Meeting - Quasi-dudicial Hearing - Sebastian Lakes - Wednesday, September 17, 1997 (9 7pm
Regular Meeting - Final Millage/Budget Hearing - Wednesday, September 24, 1997 (5 7pm
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
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4.
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 13, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Regular City Council Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
A moment of silence was conducted.
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 Commtmity Development, Bob Massarelli
Deputy City Clerk, Sally Maio
AGENDA MODIFICATIONS (ADDITI~QN~ AND/OR DELETIQN$}
Items not on the written agenda may be added only upon major#y vote of City Council members (t(-97-21)
None.
]~.ROCLAMATIONS. ANNOUNCEMENTS AND/OR pRESENTATIONS
The Chief of Police showed City Council a new summer shirt police officers are considering. Council had no
objection.
Regular City Council Meeting
August 13, 1997
Two
97.177
e
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
The City Manager said the Indian River County Commission has approved the microwaving of Indian River
Community College classes to Falcon Cable for the north county area.
C~]N$1~NT AGENDA
,4ll items on the consent agenda are considered to be routine and will be enacted by one motion. There will
be no separate discussion of consent agenda items unless a member of City Council so requests; in which
event, the item will be removed and acted upon separately.
Approval of Minutes - 7/16/97 Workshop, 7/21/97 Budget Workshop, 7/23/97 Regular Meeting,
7/30/97 Forum
Adopt Resolution No. R-97-43 - Airport Manager Job Description in Accordance with Section 2-
4(b) Code of Ordinances (Human Resources Director Transmittal 8/1/97, R-97-43 and Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, ADOPTING A JOB
DESCRIPTION FOR THE POSITION OF AIRPORT MANAGER; PROVIDING FOR INCLUSION OF SUCIt JOB
DESCRIPTION IN THE C1TY OF SEBAS'IEAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Manager read the consent agenda and the City Attorney read Resolution No. R-97-43 by
title.
Mrs. Sullivan removed the 7/23/97 minutes, page 15.
MOTION by Cartwright/Taracka
I move to approve item B of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
2
oRegular City Council Meeting
August 13, 1997
Page Three
I[¢m A - 7/23/97 Minutes
Mrs. Sullivan requested that her statement that "I (Mrs. Sullivan) did question if Mr. Paul's plan had
eliminated the chaining off of the driveways and across the north, south or center of the property and
Mr. Paul said it did eliminate this" be added to the 7/23/97 minutes.
MOTION by Sullivan/Taracka
I move to approve for discussion.
Discussion took place on whether or not this detail is necessary to the minutes and Mrs. Sullivan said
she would prefer it in there.
ROLLCALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
MOTION by Sullivan/Barnes
i would move adoption and approval of minutes of 7/16/97 workshop and the 7/21/97
budget workshop as well as the 7/23/97 regular meeting as amended and we also have the formn, we
should add that as well.
ROLLCALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
10. pUBLIC HEARING (QUa, SI-JUDICiAL)
97.187
A.D.M. Tra~p0rt - Application for Permit ilrl~[ Certificate of Public Convenierl~? and Necessity -
Consider Adopl;i_~ll Qf Resolution No. R-97-44 (~iIy Clerk Transmittal 8/7/97, Application
w/Supporting Docttlltentation, Excerpt Chapter 106)
A RESOLLrI1ON OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO A.D.M. TRANSPORT; PROVIDING FOR COMPLIANCE WITH
THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASIIAN; AND ALL PUBLIC LAWS; PROVIDING FOR
LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWIIH; PROVIDINO FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Regular City Council Meeting
August 13, 1997
Page Four
The City Attorney read Resolution No. R-97-44 by title and Mayor Barnes opened the hearing at
7:12 p.m. The applicant waived swearing in of any parties.
Mrs. Cartwright said she had discussed the item with the City Manager and had inquired whether this
item needed this permit. No other Council member disclosed ex-parte communication.
The City Manager briefly explained that this is more a limousine service than a taxi service and most
trips are between the base of operation and airports; said the Chief of Police had expressed concern
about lack of standards for inspections; and said that this ordinance appears to be very old.
The City Manager said the insurance binder may have expired and should be requested to be
updated.
Being no input, Mayor Barnes closed the hearing at 7:22 p.m.
The City Manager said he may come back with suggestions to update the code.
MOTION by Taracka/Cartwright
I move to adopt Resolution R-97-44 Permit and Certificate of Public Convenience and
Necessity for A.D.M. Transport, providing updated insurance and on a yearly basis.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Bames - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
~ Council Meeting
August 13, 1997
Page Five
11. pUBLIC HEARING
97.026 A.
5ocond Reading, Public Hearing and Final Adoption. of Ordknance No. O-97-17 - Site Plan
Procedures (Director of Conmmnity Developme01~ Transmittal 8/6/97, 0-97-17)
AN ORDINANCE OF TI-iF. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
l0.1 OF THE CODE OF ORDINANCES BY CREATING A SECTION ENTITLED "PURPOSE"; AMENDING SITE
PLAN REVIEW PROCEDURES; REQI.m~ING A PREAPPLICATION CONFERENCE PRIOR TO FILINO AN
APPLICATION FOR SITE PLAN REVIEW; CRFc. A~O NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING
FOR APPEALS FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION APPROVINO A SITE
PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE PLANS MEETINO CERTAIN
CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SITE PLANS;
AMENDING SECTION 20A-10.2 OF TI-IE CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS
AND ADM]]qISTRATIVELY APPROVED SITE PLANS; AMENDINO 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 CLARIF~O 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.
(1/15/97 Workshop 1st Reading 4/9/97 - Deferred for Further Review by City Attorney - 6/11/97 First Reading ~ Revised and
Carried to 6/18/97 Workshop for Further Review - 1st Reading Scheduled for 6/25/97 - Time Ran out - Carried to 7/9/97 ~
Ph 8/13/97
The City Attorney read Ordinance No. O-97-17 by title and Mayor Barnes opened the public hearing
at 7:24 p.m.
The Director of Community Development recommended two minor changes as follows: move 20A-
l0. I.H.l.b. be moved to 20A-10. I.H.2. and read as follows: "A minor modification to a site plan
shall be limited to one time, one subject approval. Site plans approved before August 13, 1997 shall
be entitled to apply for a one time, one subject minor modification, any modifications shall be
processed as a major modification.", and to amend 20A- 10.5. regarding the affective date.
Mrs. Sullivan requested language be changed to "one time, one site" approval not "one subject" in
two areas of the ordinance.
Mayor Barnes said on page 16 the word "Director" was left out.
Mayor Barnes closed the public hearing at 7:29 p.m.
_Regular City Council Meeting
ugust 13, 1997
Page Six
97.147 B.
MOTION by Sullivan/Taracka
I would move adoption of Ordinance No. 0-97-17 as recommended by Mr. Massarelli, with
the change on b "one time, one site" instead of"one subject" and under c with the change of"one
time, one site" instead of "one subject" approval.
Mrs. Cartwright said this was going to adversely affect growth in Sebastian,
The Director of Community Development said "Director" should be added. Mrs. Sullivan added it to
her motion.
ROLLCALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
S¢~ond l~eading, Public Hearing and Final Adoption of Ordin.anc¢ NO, 0-97-53 - Mini-Storage
Facilities (Director o1~ Community Development Transmittal 8/6/97, 0-97-53)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, tSSTABLiSHING SECTION
20A-5.4T OF THE LAND DEVELOPMENT CODE REOARDING THE REGULATION OF MINI-STORAGE
FACiLITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading 7/9/97, Advertised Legal 7/30/97, PH 8/13/97)
The City Attorney read Ordinance No. 0-97-53 by title and Mayor Barnes opened the public hearing
at 7:31 p,m.
Joseph Schulke, Sebastian, recommended that "except where the lot line abuts another property lying
in industrial zoning district and except where the lot line abuts a railroad right-of-way" to proposed
20A-5.47.B.5
Constance Spates, Roseland, said the 10 foot buffer requirement is counter productive for safety
reasons.
The Director of Community said he had no objection to the amendment.
Mayor Barnes closed the public heating at 7:37 p.m.
MOTION by Cartwright/Taracka
I move to adopt Ordinance O-97-53 with the amendment suggested by Mr. Schulke for mini-
storage facilities only.
lklgular City Council Meeting
ugust 13, 1997
ge Seven
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
97.097
Second Reading. Publii l-l~ar~g and Final Adoption of Ordinance No. O-97-54 - When COR is
~ons. j, gl~r~:d Residential (Director of CommuniW Development Tran~ttal_.Sl6lgY, 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 RESID~ ZONING DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 7/9/97, Advertised Legal 7/30/97, PH 8/13/97)
The City Attorney read Ordinance No. 0-97-54 by title and Mayor Barnes opened the hearing at
7:38 p.m.
Being no input, Mayor Barnes closed the hearing at 7:39 p.m.
MOTION by Taracka/Paul
I move to adopt Ordinance 0-97-54.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
97.182
Secon0_ gca.ding~_Public Hearing and Final Adoption t2f Ordinatace No. 0-97-55 - Designating No
parking by Resolution (City Manger Transmittal 8/7/97, 0-97-55)
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 TIlE 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 TI.IAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 7/23/97, Advertised Legal 7/30/97, PH 8/13/97)
7
Regular City Council Meeting
ugust 13, 1997
Page Eight
The City Attorney read Ordinance No. 0-97-55 by title only and Mayor Barnes opened the public
hearing at 7:40 p.m.
The City Manager explained the purpose of the ordinance and recommended its approval.
Harry Thomas, 654 Balboa Street, Sebastian, said there is nothing in this language that prohibits
City Council from prohibiting parking in all swales.
The City Manager said there is no intent to allow Council to broadly prohibit parking in swales.
Mrs. Sullivan suggested changing language to "individual". The City Attomey suggested adding
"sites specific" and deleting "one or more". Council concurred.
Mayor Barnes closed the hearing at 7:46 p.m.
MOTION by CartwrighffTaracka
I move to adopt Ordinance 0-97-55 as amended.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
97.197
Review and Discuss a PresentgLgn_Re: Ci~'~ Intent to File an Application for Florida Recreation
Deyelopment Assistance Program Grant to Improve and ~).pgra~te Existing Green Metal Building at
Barber Street~pOrt$ Coml~lex South (No Backup)
Mayor Bames explained the purpose of the grant is to renovate the old GDC building at Barber
Street Sports Complex south, noting that Pat Richter had volunteered to pursue the grant on behalf of
the City.
TAPE I - SIDE II (7:48 p.m.)
The City Manager said the maximum grant would be $100,000 and the City would have to come up
with a $25,000 match in funds or in-kind services. He said Parks Foreman, Chris McCarthy is
working with Mrs. Richter.
Pat Richter, West Fischer Circle, Sebastian, said she was requesting unanimous support from the
City Council to pursue the grant. She said she would like a resolution of City Council and the City
Manager said he would have one prepared by the August 27, 1997 meeting.
pRigular City Council Meeting
ugust 13, 1997
ge Nine
The City Clerk asked if Council wanted a motion to approve this request.
MOTION by Sullivan/Cartwright
I so move.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
12.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Bob Freeland, 733 Wentworth Avenue, Sebastian, questioned the alarm ordinance and who was to enforce it,
citing many false alarms at Skydive Sebastian and other areas for which fines have not been imposed.
The City Manager said there were 2.8 alarm calls per day on average and it would be appropriate to look at
the ordinance for amendment.
Leonard Bassi, 573 Browning Terrace, Sebastian, said he had conducted his own investigation on Richard
Fey, Bruce Cooper, the police department, fecal matter in his yard, deceit and corruption, Steve Lulich, and
asked if the City was going to cut his grass because of the fecal matter.
Harry Thomas, 654 Balboa Street, Sebastian, discussed maintenance of fire hydrants. The City Manager said
he had spoken to Doug Wright, Director of Emergency Services, who informed him that through the end of
September, Emergency Management will maintain fire hydrants. Subsequent to that, Indian River County
Utilities will maintain them. Mayor Barnes said he had spoken to Fire Chief, Otis Humanes, who informed
him it takes about 20 minutes to maintain each hydrant.
Sal Neglia, 461 Georgia Boulevard, Sebastian, questioned funding fireworks when revenues are down in the
City and said he would gladly donate if it can be done without employee overtime.
A1 Vilardi, 445 Georgia Boulevard, Sebastian, questioned Highland Animal Hospital's sewer permits and
asked the difference between a minor and major modification to site plan. Mayor Barnes said it is the county
that will regulate discharge. The Director of Community Development said it was his understanding that the
septic will be used in the interim until they are connected to county sewer.
9
egular City Council Meeting
ugust 13, 1997
Page Ten
Frank Oberbeck, 601 Layport Drive, Sebastian, spoke on behalf of Aware Citizens and Taxpayers,
questioned prohibiting parking vehicles other than those registered to a property owner on a lot; suggested
enfoming destruction of public property for those who damage swales; questioned overspending in the City;
objected to allowing larger trucks to park in the Highlands; referred to statements made by the City Manager
during his interview regarding the need to reduce millage;
TAPE II - SIDE I (8:35 p.m.)
problems regarding return of citizen phone calls; and expressed concem for raises.
Mayor Barnes said Council was looking into penalties for swale damage, pickup tracks are being made larger,
and police have been asked to take a bigger part in enforcement throughout the city.
Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:55 p.m. All members were present.
13. CQMMITTEE REPORTS/RECOMMENDATiONS_
A. Planning and Zoning Commission
Interview and Appoint Regular Member - Term to Expir~6/l/00 - Board Recommends
Horry Johns - D_cferred from 7/23/97 Meeting (ComrmmiPd_Developrnent Director
Transmittol 7,/15_/97, Applications, P & Z MinuI.¢~_6/!9/97)
Mayor Barnes noted all applicants had been interviewed on July 23, 1997. Mr. Taracka said he
received a letter from Kelly Mather regarding his vote on the appointment and said he was concerned
about this (see attached). It was noted David Cox was moving out of town, therefore, no longer a
candidate.
MOTION by Paul/Cartwright
I'd like to make a motion for Horry johns to be reappointed to the Planning and Zoning
Commission.
ROLL CALL:
Mr. Barnes - nay
Mr. Taracka - nay
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - nay
MOTION FAILED 2-3 (Bames, Taracka, Sullivan - nay)
10
Regular City Council Meeting
August 13, 1997
Page Eleven
97.157a
MOTION by Taracka/Sullivan
I'd like to nominate Harry Thomas for the position on Planning and Zoning.
Mrs. Sullivan said there are several engineers on the Planning and Zoning Commission, although
there is no requirement for them and that she would like to see them on boards that do require them.
ROLLCALL:
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
Mr. Johns thanked City Council for the time he was able to serve on Planning and Zoning.
B. Riverfront Committee
Accept R~ignation of Edward Moore Effective Imm_csliotely - Deferred from 7/23/97
Meel[ogLDke~;tor of Community Development Tran~mi~ttal 7/16/97, Moore Letter 7/14/97)
MOTION by Sullivan/Taracka
I would move to accept the resigmation of Ed Moore from the Riverfront Committee.
ROLL CALL:
Mrs. Cartwright - nay
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 4-1 (Cartwright - nay)
C. Tree Advisory Board
Appoint Alternate M~lllber - Unexpired Tem~ to Expire ! [/98 - Only One Application
Received - Cgmmitt¢~_Recommends William Brogmlno (Director of Community
Developlll?rlt Transmittal 7/16/97, Applji~on. Minutes)
William Brognano was interviewed.
11
egular City Council Meeting
ugust 13, 1997
Page Twelve
MOTION by Cartwright/Taracka
I move to appoint Mr. William Brognano to fill the unexpired alternate member position to
expire November 1998.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
97.157b
ii.
Accept Resignation of David Cox (Director of I~Qmm~lnityDevelopment Transmittal
8/6/97, Cox Letter)
MOTION by TarackoYPaul
I move to accept the resignation of David Cox
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Shirley Kilkelly said this Tree Board position had been advertised and a candidate interviewed. The
Director of Community Development said it was his understanding that the position had not been
advertised as yet.
14. OLD BUSINESS
97.128
Consider~l~;jQn of Acquisition of Lot 23, Block 12, Unit I - ~4~bast/an Highlands Subdivision in the
Amount of $15,000 (City Mlnagcr Transmittal 8/8/97, 4/23/97 Minutes Excerpt, M0rrison Letter
5/29/97, PW Memos and Le_tler~,2~l~raisal, Map)
The City Manager gave a brief presentation of the recommended purchase.
Al Vilardi, 445 Georgia Boulevard, Sebastian, said he thought $15,000 was high.
MOTION by Taracka/Cartwright
I move to authorize the purchase of the property with $15,000 and a split of closing costs
and to include with the funding to come from the undistributed non-departmental fund for Lot 23,
Block 12, Unit 1 of Sebastian Highlands.
12
l~egular City Council Meeting ugust 13, 1997
Page Thirteen
ROLL CALL:
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
15. NEW tlLISINESS
97.198 A.
&dopt Resolution No. R-97-42 - E~tal~lBbing New Policy on Installation of Culyert Pipe and
Repealing Resolution No. R_-9_5-~5 (City Manager Transmittal 7/30/97, R-_97-42)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION
NO. 93-35 THAT ESTABLISHED A CULVERT PIPE POLICY WITH COST SHARING FROM CITIZENS; PROVIDING
FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-97-42 by title.
MOTION by Cartwright/Taracka
I move to adopt Resolution 97-42.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Bames - aye
MOTION CARRIED 5-0
97.183 B.
Adopt Resolution No. R-97-46 - Revi~3e0_ Quasi-Judicial Procedures Lq;ity Manager Transmittal
8/5/97. I~-97-46)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES
FOR QUASI-JUDICIAL HEARINOS; ESTABLISHING RULES; DESIGNATING IHE CONTENTS OF THE RECORD;
ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-97-46 by title only and briefly reviewed the amendments.
She said the next step will be to bring back additional language regarding use of a hearing officer and
a sign-up system.
Mrs. Sullivan changed "may" to "shall" in paragraph 2 of Section 1. The City Attorney concurred.
Mrs. Cartwright said a resolution of the property owners association was to have been submitted
The City Attorney suggested the following language "and proper resolutions of the board of the
property owners association authorizing said representation".
13
egular City Council Meeting
ugust 13, 1997
Page Fourteen
MOTION by Cartwright/Taracka
I move to adopt Resolution 97-46 as amended.
ROLL CALL:
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
97.199
Consider Piping and Drainage Outfall Ditch ][3q:tg/~¢ll Lots 14 and 15, Block 293, Unit 11, Sebastian
Highlands Subdivision (.(2iI~ Manager Transmittal 8/8/97, Cost Estimate, Survey, LQga[ion Map,
GDC Drainage Plan Data)
The City Manager reiterated his recommendation as stated in his agenda transmittal, gave a report on
a plan to bring forward an ordinance to regulate these matters in the future and possibly budget funds
each year to cover the cost of these types of installations; and requested direction to bring back a cost
share agreement for the August 27, 1997 meeting and an agreement whereby the property owner will
install the pipe.
Mrs. Cartwright asked that an accurate survey be required in the agreement.
TAPE II - SIDE II (9:37 p.m.)
The City Engineer said a survey was required for the building permit, however, elevation control will
be done as construction goes on. She said building in the City is currently being done on assumed
elevations and perhaps this needs to be changed in accordance with National Geodetic Surveys.
MOTION by Cartwright/Sullivan
I move to approve the proposal for the piping of the Zurstrassen properties and ask that staff
prepare a cost share agreement for council consideration at the August 27, 1997 meeting.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
14
{~egular City Council Meeting
ugust 13, 1997
Page Fifteen
97.156 D.
97.200 E.
~pprov~ Water Quality Monitoring Contract Betw_e~ Sebastian & Brevard Teaching and Research
Laboratories Pxepared_by (7, ity Attorney - Authorize City Manager to Ex~e, gg~ (~ontract (City
Manager Transmittal 8/7/97, BTR Letter_ prol:)osed Contracts Prepared by BTR and (~ity Atl~or~ey)
The City Attorney briefly reviewed the revised BTR contract.
John Hill, Craven Thompson, exhibited the nine test sites in which water quality will be monitored.
Carmen Weir, BTR Labs, explained the purpose of the Sebastian Water Guard, volunteers who are
monitoring water quality throughout the City and surrounding areas.
Mrs. Cartwright suggested a workshop be held at some point when all the data can be reported to
Council.
MOTION by Cartwright/Taracka
I move to execute the contract as drafted by the City Attorney authorizing the City Manager
to execute the contract with BTR Labs on behalf of the City Council.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Review Proposed November and D~:embcr 1997 Calendars and Reschedule Cil:y (2ouncil Meetings
A~¢ordingly (CiO Clerk Transmittal 8/6/97. Calendars with City Manager Suggeste~l Sqh~dules)
The City Manager reiterated his recommended schedule (see attached).
MOTION by Cartwright/Taracka
i move to approve the calendars for November and December City Council meetings as
presented.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
15
pRegular City Council Meeting
ugust 13, 1997
age Sixteen
97.175
F. Review Pending List
Mayor Barnes asked about item 96.188 the conceptual design for the Indian River Drive walkway.
The Director of Community Development reported (tape), said construction is scheduled to begin in
March.
16. CITY COI.]NCIL MATTERS
A. Mr. Larry Paul
Mr. Paul said he had been contacted by someone who would like to look at a City parking area for
large trucks. The City Manager said he had also been contacted and told him he would review the
matter.
The City Manager reported on the proposed canoe launch facility and the $100,000 grant that
Representative Sembler assisted the City in obtaining.
Mr. Paul reported that the City Police Department does have citations and they are being written.
B. Mrs. Ruth Sullivan
None.
C. Mayor Walter Barnes
97.201
I. Discuss Establishment of City Recreation Comtxtittc~
Mayor Barnes discussed the formation of a Recreation Committee existing of members of different
organizations, with its number to be determined and suggested a charter be established stating its
purpose. The City Attorney recommended that the committee's functions be adopted by resolution.
The City Manager suggested an ad be placed for members.
Pat Riviezzo suggested that the five sports organizations select someone to represent each of them
and let them decide when they will meet and establish rules. Mayor Barnes explained that there are
codes that must be followed.
The City Attorney suggested that a resolution be adopted prior to appointment of members.
TAPE III - SIDE I (10:25 p.m.)
The City Manager cautioned that once the committee is formed as a City Advisory Committee, it
must be careful that items are not discussed among the members in accordance with the Sunshine
Law.
16
Regular City Council Meeting
August 13, 1997
?age Seventeen
Mayor Barnes said he would still like to advertise but there is more thinking to do on the committee's
functions. The City Attorney suggested that the resolution could state that specific memberships are
required.
At 10:30 p.m. motion was made.
MOTION by Sullivan/Taracka
I make a motion to extend the meeting.
ROLLCALL:
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Bames
- aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Barnes said he had asked the City Manager to supply periodic reports as to what is going on
in the City departments; suggested a future workshop to review a proposal that when a person
resigns the position not be filled until a study has been done to verify that the position is needed; and
suggested a policy be established relative to department head raises.
The City Manager agreed that there probably needs to be some guidelines for department head
salaries.
Mayor Barnes requested input from Council on prohibiting heavy truck traffic on Schumann Drive.
The City Manager said he could try to get with the County but also do something about SchumaIm
D. Vice Mayor Richard Taracka
None.
E. Mrs. Louise CarLwrighl;
None.
17. ~/e,~ng no further business, Mayor Barnes adjourned the Regular Meeting at 10:40 p.m.
Approved at the // ~_~4~'~ ~?,7 ,1997, Regular City Council Meeting.
Mayor
Kathryn M. O/}qaliora'n, CMC/AAE
2ity Clerk
17