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HomeMy WebLinkAbout08271997..It, City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 27, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK . 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items itnmediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL &GENDA 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) PRQCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENT~_ATION$ CITY ATTQRNEY MATTF~ CI'i~Y MANAGER MATTERS 97.203 97.197 )7.083 97.204 97.205 e CONSENT AG_~lXlDA 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 Councd so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/6/97 Workshop, 8/13/97 Regular Meeting Adopt Resolution No..R-97-47 - Vacation of Easement - Lot 21, Block 288, Unit 10, Sebastian Highlands (City Clerk Transmittal 8/18/97, R-97-47, Application, Site Map, Survey, Staff Report, No Objection Letters) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISIffNG, ABANDONING AND DISCONTINUING TI-~ NORTHWEST 1.8 FEET OF THE SOUTHEAST 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 21, BLOCK 288, SEBASTIAN HIGHLAND UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE Co Adopt Resolution No. R-97-48 - Supporting FR.DAP Grant Application for Old GDC Building at Barber Street Sports Complex South (City Manager Transmittal 8/22/97, R-97-48, Application) A RESOLUTION OF THE cITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE APPLICATION FOR A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR THE BARBER STREET RECREATION COMPLEX. Approve Transfer of Funds Not to Exceed $5,620 to Fund Green Building Septic Hook-up to New Drain Field and Step Down Transformer for Football Lighting at Barber Street Sports Complex and Authorize City Manager to Sign Amendment to Agreement with Sebastian Panthers, Inc. (Public Works Transmittal 8/21/97) Eo Banghart/Quinn Wedding Reception - Community Center - Approve A/B Request - 9/20/97- 6 pm to 11 pm - Security Paid - Age Verified (City Clerk Transmittal 8/11/97, Application) Fo Duhame/Freeman Wedding Reception - Community Center - Approve A/B Request - 2/14/98 - 3 pm to 7 pm - Security Paid - Age Verified (City Clerk Transmittal 8/18/97, Application) 10. I~UBI~!C HEARING - None 11. INTRODUCTION OF NEW [I[J$1NESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 2 12. COMMITTEE RI~pORTS/RECOMME~_I)ATI ONS 97.206 97.207 97.209 13. 14. 97.001a 97.001b 97.001c A. Board_of Adjustment Interview and Appoint Regular Member for a Term to Expire 6/1/2000 - Board Recommends Gregory Gore (Director of Community Development Transmittal 8/7/97, Application, 8/5/97 Bd. of Adj. Minutes) B. Code Enforcement Board Accept Resignation of Al Goelz (Director of Community Development Transmittal 8/20/97, Letter) C. ~a~dicapped Self-Evalualion Committee i. Accept Resignation of John Kanfoush (Human Resources Transmittal 8/12/97, Letter) OLD BUSINESS - None NEW BUSINESS First Reading o£~0rdinance No, 0-97-36 - Creating UnifonB Application, Appointment and Removal Procedures for City ]5oards, Commissions ~nd Committees - S. et Second Reading ami Public Hearing for 9/24/97 (City Manager Transmittal[ 1~/5/97, 0-97-56) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING UNIFORM PROCEDURES FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPOINTMENTS; PROVIDING FOR A LIST OF VOLUNTEERS; PROVIDING PROCEDURES FOR ANNOUNCEMENT OF VACANCIES AND APPLICATIONS FOR APPOINTMENT; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR TERMS; PROVIDING FOR REMOVAL PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. 0-97-57 - Deleting Cer~oin Provisions in th~ Code to Consolidate geqljirements for Ci~ ]Boards, Commis.~jons and Commilte~$ - Set Second Reacling and Public Hearing for 9/24/97 (City Manager Transmittal as above. 0-97-57) AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING CERTAIN PROVISIONS IN THE CODE OF ORDINANCES IN ORDER TO CONSOLIDATE REQUIREMENTS PERTAINING T() CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution ]NO. R-97-45 - P~rtaining to Appointment Proce~l~es for City Boards, CommissionsLCommittees (Ci~v Manager Tran~r0ittal as above. [~-97-45) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLIS~ffNG A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE C1TY CLERK TO PROVIDE APPOINTEES WITtt ETHICAL ANt) FINANCIAL DISCLOSURE INFORMATION~ PROVIDING FOR REPEAL OF RESOLUIIONS OR PARIS OF RESOLUTIONS IN CONFLICT HEREWl'rH; PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. 97.166 D First Reading of Ordinance No. 0-97-58 - Deleting Shared Parking Provision -~[ ~¢cond Reading public Hearing for 9/24/97 (Director of Community Development Transmil~o[ as above, 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 8.3 OF THE LAND DEVELOPMFLNT CODE RELATING TO SHARED PARKING BY DELETING THAT PROVISION; PROVIDINO FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDINO FOR AN EFFECTIVE DATE. 97.112 E. First Reading of Ordil~a,uce No. O-97-61 - Parking - Set ~9nd Reading and Public Hearing for 9/24/97 (,Director of Community Development Transmittal as above, 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 98 OF THE CODE OF ORDINANCES RELATING TO SEC. 98-1 DEFINITIONS, SEC. 98-4 DRIVING ONTO MEDIANS, SHOULDERS, ETC., SEC. 98-5 OPERATION ON PUBLIC SCHOOL GROUNDS, SEC. 98-6 LIMIT ON GROSS WEIGHT OF VEHICLES, SEC. 98-7 ENFORCEMENT, SEC. 98-8 DESIGNATION OF ONE WAY STREETS, SEC. 98-32 VERBAL NOTICE OF UNSAFE PARKING, REFUSAL TO OBEY, SEC. 98-33 PARKING ON PUBLIC SCHOOL GROUNDS, SEC. 98-34 PARKING ON MAIN STREET, SEC. 98-35 PARKING ON CENTRAL AVENUE, SEC. 98-36 PARKING IN RESIDENTIAL DISTRICTS, SEC. 98-37 DISABLED PARKING, SEC. 98°52 DEFINITIONS, SEC. 98-53 MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS, PURPOSE; OF THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 97.208 F. Damian Gilliams Request to Extend Hours for Establishments Serving Alcoholic Beverages (City Manager Transmittal 8/21/97, Gilliams Letter 8/20/97, PD Memo 8/21/97) 15. CITy COUNCIL MATTER~ A. Mrs. Ruth Sullivan B. Mayor Walter Barnes C. Vice Mayor Richard Taracka D. Mrs. Louise Cartwright E, Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WIIICtt RECORD INCLUDES TItE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERIC, ANS WITH DISABILITIES ACT (ADA), ANYONE WtlO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEEITNG. Upcoming Meetings: Tentative Workshop- Wednesday, September 3, 1997 (.~ 7pm Regular Meeting (First Millage/Budget Hearing) - Wednesday, September 10, 1997 (_~ 7 pm Special Meeting - Quasi-Judicial Hearing - Wednesday, September 17, 1997 ~ 7pm Regular Meeting (Final Millage/Budget Hearing) - Wednesday, September 24, 1997 (~ 7 pm 4 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET AUGUST 27, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Address: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 27, 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. A moment of silence was held. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan ~;lOff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Chief of Police, Randy White Deputy City Clerk, Sally Maio ~. egular City Meeting Council August 27, 1997 Page Two AGENDA MOD!F[CATIONS (ADDITIONS AND/OR D]~LETIONS) items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) The City Manager requested new business item 14 G to consider rescheduling meetings as proposed in his memo distributed tonight regarding rescheduling September meetings (see attached). MOTION by Cartwright/Paul I move to add iteml4 G to the agenda at the request of the City Manager. ROLLCALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 PROCLAMATIONS. ANNQI~]NCEMENTS AND/OR PRE$~_NTATIONS None. ATTORNEY MATTER~. None. CITY MANAGI~R MATTERS The City Manager reported on the following: The Florida Dept. of Environmental Protetion request for information to draw up a contract for the grant for canoe launch facility; the possible November 4 start date for the police facility improvement; a submittal from Advanced Conuntmications Network, Inc. to provide cable TV, telephone, intemet connections and other services and his intention to have them attend a future City Council meeting; his request to the City Attorney to draft ordinances amending the alarm code and limiting through trucks through the City; and reported that the University of Florida Bureau of Economic Research set the City's population at 14,470 as of April 1997. ~Aegular City Council Meeting ugust 27, 1997 Page Three 97.203 97.197 97.083 97.204 97.205 e CQ~$ENT AGENDA ,,Ill items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests: in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/6/97 Workshop, 8/13/97 Regular Meeting Adopt Resolution No. R-97-47 - Vacation of Easement - Lot 21, Block 288, Unit 10, Sebastian Highlands (City Clerk Transmittal 8/18/97, R-97-47, Application, Site Map, Survey, Staff Report, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST 1.8 FEET OF THE SOUTHEAST 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 21, BLOCK 288, SEBASTIAN HIGHLAND I/NIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: PROVIDING FOR REPEAI. ()F RESOLUTIONS OR PARTS OF KESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AN[) PROVIDING AN EFFECTIVE DATE Adopt Resolution No. R-97-48 - Supporting FRDAP Grant Application for Old GDC Building at Barber Street Sports Complex South (City Manager Transmittal 8/22/97, R-97-48, Application) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FI,ORIDA, SUPPORTING TI. lit. APPLICATION FOR A FLOKIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGILAM FOR THE BARBER STREET RECREATION COMPLEX. Approve Transfer of Funds Not to Exceed $5,620 to Fund Green Building Septic Hook-up to New Drain Field and Step Down Transformer for Football Lighting at Barber Street Sports Complex and Authorize City Manager to Sign Amendment to Agreement with Sebastian Panthers, Inc. (Public Works Transmittal 8/21/97) Banghart/Quinn Wedding Reception - Community Center - Approve A/B Request - 9/20/97- 6 pm to 11 pm - Security Paid - Age Verified (City Clerk Transmittal 8/11/97, Application) Duhame/Freeman Wedding Reception - Community Center - Approve A/B Request - 2/14/98 - 3 pm to 7 pm - Security Paid - Age Verified (City Clerk Transmittal 8/18/97, Application) The City Manager read the consent agenda. The City Attomey read Resolution Nos. R-97-47 and R-97-48 by title. Oegular City Council Meeting August 27, 1997 Page Four 10. 11. Mrs. Sullivan removed item A. MOTION by Sullivan/Taracka I would so move adoption of consent agenda items B, C, D, E and F. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 It,m A Mrs. Sullivan requested that on page nine of the August 13, 1997 it be noted that Mr. Neglia questioned funding for additional fireworks for Labor Day. MOTION by Sullivan/Cartwright I would move to accept item A as amended. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Bames - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Barnes thanked Pat Richter, Clu:is McCarthy and Pat Riviezzo for their efforts on obtaining the grant. Mrs. Sullivan asked for a letter of thanks from the Mayor to those involved. PUBLIC HEARING - None I[~RQDUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Edra Young, 1151 Clearmont Street, Sebastian, discussed a newspaper poll she had found in Georgia and suggested this method be used when the City Council is to vote on a controversial matter. Regular City Council Meeting August 27, 1997 Page Five 97.206 97.207 12. COMMITTEE R~PQR~$/RECOM M ENDATIONS A. Board of Aclju_~tm~nt Iaterview and Appoint Regular Member for a Term to Expir~ 6_/1/.2900 - Board Recommends Gregory Gore (Director of Community Development Transmittal 8/7/97, Application. 8/5_/97 Be[ 0f_Aclj~ Minntes) City Council interviewed Mr. Gore and the Mayor asked for a motion to reappoint Mr. Gore. MOTION by Sullivan/Canwright I would so move to the Board of Adjustment for a term to expire 6/1/2000. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 B. C~d{~ Enforcement Board Accept Resignation of Al Goelz (Director of Community Development Transmittal 8/20/97, Letter) MOTION by Cartwright/Taracka I move to accept the resignation with regret of Al Goelz. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Regular City Council Meeting ugust 27, 1997 Page Six C. Handicapped Self-Evaluation Conm~itte~ 97.209 I. Ac~:ept Resignatio0 of John Kanfol~sh (Hun~an Reso[trc_es Transmittal 8712/97, Letter) MOTION by Taracka/Paul I move to accept the resignation of John Kanfoush as Chairman of the Handicapped Self- Evaluation Committee. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 13. OLD BUSINF~IS - None 14. NEW BUSINESS 97.001a Firlit Reading of Ordinance No. O-9J-56 - Creating Uniform AppliCation, Appoi,tment and gemoval PrQccdures for City Boards, Commissions and Cgnlmittees - Set~¢cond Reading and Public Hearing for 9/24/97 ~City Manager Transmittal 8/5/97, 0-97-56) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN lOVER COUNTY, FLORIDA, CREATING I.INIFORM PROCEDURES FOR APPOINTMENT TO CITY BOAILDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR DEFINIIIONS; PROVIDING FOR APPOINIMENTS; PROVIDING FOR A LIST OF VOLUNTEERS; PROVIDING PROCEDUR. ES FOR ANNOUNCEMENT OF VACANCIES AND APPLICAIIONS FOR APPOINTMENT; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR TERMS; PROVIDINO FOR REMOVAL PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; PROVIDING FOR RESOLUIION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-56 by title and gave a brief overview of this and the succeeding ordinance and resolution. She suggested the effective date of the companion resolution be changed to have the same effective date as the two ordinances. The City Manager said the item he had added to this agenda deals with rescheduling the second September regular meeting to September 25, 1997 and this will affect the public hearing date of these first reading ordinances. Mrs, Sullivan suggested that removal under Section 2-173 be the same as under 2-172. The City Attorney explained that if someone missed tlu:ee consecutive meetings it would mean automatic removal. City Council agreed to leave as is. Mayor Barnes requested a provision for recording the absences and the City Attorney said the proper place for this is the resolution and suggested language to be brought back. aRegular City Council Meeting ugust 27, 1997 ge Seven Mrs. Cartwright asked that "conunission" be added to definition of board on page 1; and asked if current language required board members to be residents and not property owners, to which the City Attorney responded it may not be enforceable to require property ownership; she asked City Council to reconsider allowing property owners who are not residents to be on City boards, citing Sebastian Property Owner by-laws which require members to own property in the City. Harry Thomas, 654 Balboa Street, Sebastian, responded he would be happy if all members of boards within the City were both residents and taxpayers. The City Attorney reconunended that removal be by a vote of four of the entire City Council. MOTION by TarackaYSullivan I move to approve the first reading and set the second reading and public hearing for the date of September 25, 1997 for Ordinance 0-97-56 with the two amendments (adding "commission" and with vote of four of entire Council for removal). TAPE I - SiDE II (7:47 p.m) ROLL CALL: Mrs. Cartwright - nay Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) 97.001b Bo First R~ilqlilag of Ordinance No, O-97-~7 - Deleting Certain Provi_~i0ns in the Code to Consolidate Requirements for City Boards, Commissions and Committees - Set Second Reading a~d_ PtlbJic Hearing for 9/24/97(CiI7 Manager Transmittal s'ls above, 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING CERTAIN PROVISIONS IN THE CODE OF ORDINANCES IN ORDER IO CONSOLIDATE REQUIREMENIS PERIAINING TO CIIY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING FOR CODWICATION; PROVIDING I;OR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVF DATE The City Attorney read Ordinance No. 0-97-57 by title. MOTION by Taracka/Sullivan I move to approve the first reading of Ordinance O-97-57 and set the second reading and public hearing for September 25, 1997. egular City Council Meeting ugust 27, 1997 Page Eight 97.001c C. ROLL CALL: Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay MOTION CARRIED 3-2 (Paul, Canwright - nay) Adopt Rcsolotion No. R-97-45 - Pertaining t9 Appointment Procedures for City Boards. Commissions, Committees (City Mtln0.ger Transmittal as above, R-97-45) A RESOLUTION OF THE.: CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABI,ISHING DUTIF. S OF 'FIIE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICIIAIION OF APPLICANTS BY THE CITY CLERK; ESIABLISHiNG AJ'PLICANT INIERVIEW PROCEDURES; REQUIRING IHE CITY CLERK TO PROVIDE APPOINIEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICI HEREWITtl; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-45 by title and suggested language for Section 6, "Excused Absences. In accordance with 2-173 a board or conunittee member shall be automatically removed if, in a given fiscal year, he or she is absent for three consecutive meetings without an acceptable excuse. A member's excuse shall be conveyed to the secretary of the board or committee prior to the meeting to which the request for an excuse has been submitted. The members request for an excused absence shall be considered at the beginning of the meeting for which the excuse has been requested." MOTION by Cartwright/Taracka I move to approve Resolution No. 97-45 as amended with effective date of 9/25/97. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 .-. Regular City Council Meeting ii,August 27. 1997 n~rPage Nine 97.166 D. First Reagliog Of Ordinance No. 0-97-58 - D~lctJllg Shared Parking Provision - $~ Second Reading and Publj.q Hearing for 9/24/97 (Director Of Community Development Tra~mittal as above, 0-97-57) AN ORDINANCE OF THE CITY O1: SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATINO TO SttAI:G/.D PARKING BY DELETING I}-LAI PROVISION; PROVIDINO FOR CODI~iCATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-58 by title. The Director of Community Development briefly explained the deletion of the shared parking provision and stated that the Planning and Zoning Commission, on August 21, 1997, recommended denial of this ordinance based on its non-compliance with the Comprehensive Land Use Plan as stated in a memo he distributed to City Council tonight (see attached). City Council discussion followed. The Director of Community Development cited F.S. 163.3174 and 163.3194 regarding Comphrehensive Plan compliance issues. Harry Thomas, 654 Balboa Street, Sebastian, member of Planning and Zoning, objected to the ordinance. Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, member of Piamfing and Zoning, said she had pointed out the non-compliance. Don Smith, 208 Poinciana Street, Sebastian, suggested the City Attorney's input on legality of the ordinance. The City Attorney said the Comprehensive Plan is the building block for anything to do with land regulation in the City and all regulations and development must be consistent with it. She said the Comprehensive Plan can be amended. The City Manager suggested that this item be delayed until September 3, 1997 to allow the City Attorney time to review the non-compliance issue. 9 egular City Council Meeting ugust 27, 1997 Page Ten MOTION by Sullivan/Taracka I would so move that we defer Ordinance 0-97-58 to September 3, 1997. ROLLCALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:37 p.m. All members were present. 97.112 Eo First Re~l~ling of Ordinance No. O-97-61 - Parking - Set Second R~ading and Public Hearing for 9/24/97 (Director of Commmfi~y D~¢lopmeot Transtnittal as above, 0-97-57) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 98 OF THE CODE OF ORDINANCES RELATING TO SEC. 98-1 DEFINITIONS, SEC. 98-4 DRIVING ONTO MEI)IANS, SHOULDERS, ETC., SEC. 98-5 OPERATION ON PUBLIC SCHOOL OROUNDS, SEC. 98-6 LIMIT ON GROSS WEIGHT OF VEHICLES, SEC. 98-7 ENFORCEMENT, SEC. 98-8 DESIGNATION OF ONE WAY STREETS, SEC. 98-32 VERBAL NOTICE OF UNSAFE PAICKING, REFUSAL TO OBEY, SEC. 98-33 PARKING ON PUBLIC SCHOOL GROUNDS, SEC. 98-34 PARKING ON MAIN STREET, SEC. 98-35 PARKING ON CENTRAL AVENUE, SEC. 98-36 PARKING IN RESIDENTIAL DISTRICTS, SEC. 98-37 DISABLED PARKING, SEC. 98-52 DEFIixYITIONS, SEC. 98-53 MUNICIPAL NONCRIlVIINAL TRAFFIC INFRACTIONS; PURPOSE, OF TI ]E CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILIIY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-61 by title and advised that the title needs to be changed to delete "Purpose, of the Code of Ordinances". The Director of Community Development said if the City intends to impose a $250 fine, it must establish a special fund and deposit 2/3 of the amount into that fund improving handicapped accessibility and public awareness. It was the consensus of City Council to go with the $250 fine. He went to say that Florida Statutes provides only for towing on public property. The Director of Community Development reconunended changes as follows: Page 5 - "cited" rather than "sited" Page 10 - "driver" rather than "drive" and add "within" before "eight" Page 11 - add "in writing they have" in line 7 Page 8 - leave as 48 hours TAPE II - SIDE I (8:47 p.m.) and remove "unimproved" l0 egular City Council Meeting ugust 27, 1997 Page Eleven Mayor Barnes said paragraph b on page 8 prevents visitors from parking. The City Manager suggested "with the exception of temporary invited guests" Edra Young, Clearmont Street, Sebastian, questioned towing for illegal handicapped parking, ?, 334 Orange Avenue, Sebastian, co~mnended Chief White for his assistance in elinfinating a problem with gangs in his neighborhood. Chief White suggested that the City Attorney review the provisions of the ordinance for compliance with the Florida Statutes. MOTION by Cartwright/Taracka I move to defer the first reading of Ordinance 97-61 to Thursday, September 25, Regular City Council meeting ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.208 Damiarl Gilliams Request to Extend Hour~ fgr l~tablishments Serving Alcoholic B~¥¢rag¢~ .(Cig/ Manager Transmittal 8/21/97. Gill iam$ Letter 8/20/97, PD Memo 8/21/97) The City Manager reiterated his and the Chief of Police's concerns and recommended it does not seem appropriate to change the hours. Damian Gilliams, presented his request for extended hours for sale of alcoholic beverages to 2:00 a.m and stated he had a petition with approximately 200 signatures. Doris ?, Indian River County MADD and President of State MADD, had previously distributed a packet and reviewed it. TAPE II - SIDE II (9:32 p.m.) Tut Com~elly, 149 Kildare Drive, Sebastian, addressed Council. 11 e~ar City Council Meeting ugust 27, 1997 Page Twelve 15. The Chief of Police reiterated his concerns and a lengthy Council discussion with Mr. Gilliams on the pros and cons of an extension of hours followed. MOTION by Sullivan/Taracka I would move to approve the reconm~endation of the Police Chief and City Manager to maintain the current operating hours which are consistent with Indian River County because extending the operating hours would require reorganization of the police department's duty schedule and would set a precedence that could see extension of operating hours for all of the bars in the City. ROLL CALL: Mrs. Cartwright - nay Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 4-1 (Cartwright - nay) $~gtember Meeting Schedule The City Manager reiterated his recommended schedule as stated in his August 27, 1997 memo distributed this evening (see attached). MOTION by Canwright/Sullivan I move to accept the meeting dates, not happily, that the City Manager has recommended. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 CITY COUNCIL MATTI~RS A. Mrs. Ruth Sullivan None. B. Mayor Walter Barnes None. 12 ,~Regular City Council Meeting ugust 27, 1997 I~P ~age Thirteen C. Yic~ M~or ~r~_Iara~a Mr. Taracka asked about cutting the high grass at Riverview Park East; said people have asked the City to open up one City park for people to walk dogs; TAPE III - SIDE I (10:20 p.m.) recommended placing boat moorings in the Indian River; and requested parking restrictions be placed in the Yacht Club parking lot. D. Mrs. Louise Cartwright None. E. Mr. Larry Paul None. 16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:27 p.m. Approved at the~, City Clerk , 1997, Regular City Council Meeting~}{~"~ &tn 0.;r,,de4. Walter W. Barnes Mayor 13