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HomeMy WebLinkAbout09031997 City of Sebastian 122~; MAIN STREET g SEBASTIAN, FLORIDA 3:2958 TELEPHONE (561) 589-5330 o FAX (561) $89-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 3, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ROLL CALL 5. AGENDA_IMQDIFICATIONS (ADDITI0~$ AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members' (R-97-21) 6. PROCLAMATIQNS, ANNOUNCEMENTS AJND/OR PRESENTATIONS 97.156 A. Presentation by John Hill, P.E. - Craven Thompson & Associates - FEMA Flood Zones and Flooding Predictions for the Highlands Subdivision (City Manager/Public Works Transmittal 8/28/97, Hill Letter 8/28/97, FEMA Letter, City Manager Memo, Map) 97.203 B. Presentation by Advanced Commtmications Network, Inc. - Cable Service (City Manager Transmittal 8/28/97, Booklet Previously Distributed) 7. CITY ATTOIgNE¥ MATTERS 8. CITY MANAGI~J~.MATTERS 97.054 97.204 97.205 97.206 97.207 97.091 97.208 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. A. Approval of Minutes - 8/20/97 Workshop Adopt Resolution No. R-97-50 - Falcon Cable TV Franchise 60 Day Extension to 1 l/l 1/97 (City Manager Transmittal 8/28/97, R-97-50) A RESOLUTION OF TIlE CITY COUNCIL OF T}iF. CITY OF SEBASTIAN, I,Y,ORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS LrNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR TIIE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager to Apply for Local Law Enforcement Block Grant in the Amount of $10,794 Requiring Local Cash Match of $1,198 (Police Chief Transmittal 8/22/97, US Justice Letter) Authorize City Manager and Police Chief to Apply for Grant Funded PAL Program (Police Chief Transmittal 8/21/97, PAL Letter 8/11/97, Chief Letter 8/21/97) Authorize City Manager to Sign Agreement with Indian River Community College for TQM Training Services in the Amount of $2,988 and Purchase Training Booklets from International City Management Association for Approximately $1,958 Plus Shipping (City Manager Transmittal 8/28/97, IRCC Memo) Approve Request by Vero Beach/Indian River County for Temporary Closing of Indian River Drive and Use of Riverview Park for Halloween Parade and Costume Judging - Use of Electricity - 10/31/97 - 4 to 6 pm (City Manager Transmittal 8/28/97, VB/IRC Recreation Memo, City Clerk Memo, PD Memo) Approve Craft Club of Sebastian Request for Use of Riverview Park - 1997/1998 Aunual Shows - Based on Conditions in Effect on October 4, 1997 (City Clerk Transmittal 8/26/97, Stimmel Letter) Approve Lions Club Request for Use of Yacht Club at No Charge for Fourth of July Meetings (City Clerk Transmittal 8/27/97, Ellis Letters) 10. PUBLIC HEARING - None 11. iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 12. ~OMMITTEE REpORTS/RECOMMENDATIONS 13. OLD BUSINES5 97.199 97.156 97.166 97.209 97.197 14. NEW. I~USINESS Approve Agreement Between Rolfe Zurstrassen and City of Sebastian for Catch Basin and Culvert Pipe - Lots 14 and 15, Block 293, Unit 15 Sebastian Highlands (City Manager Transmittal 8/28/97, Agreement) Bo Approve First Amendment to Agreement Between St. Johns River Water Management District for Development and Implementation of Surface Water Management Plan for City of Sebastian (City Manager Transmittal 8/28/97, City Manager Letter 5/9/97, SJRWMD Letter 8/25/97, Proposed I st Amendment to Agreement) First R~oding of Ordinance No. 0-97-58 - Deleting Sh~lred Parking_Provision - Set Second Reading and Public Hearing for 9/24/97 - Deferred from 8/27,/97 Regular Meeting (Dir~tor of Community Developnlcnt Transmittal, O-97-58. P & Z Memo) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 8.3 OF THE LAND DEVELOPIvIENT CODE RELATING TO SHARED PARKING BY DELETING THAT PROVISION; PROVIDINO FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEX. rEP, ABILITY; PROVIDING FOR AN EFFECTIVE DATE. Consider U-Turn Proposal for U.S, J at Washington Street and Adopt R~solution No, R-97-51 if in Support CPublic Works Transmittal 8/28/97, (~J_ty Engine_er Memo, FDOT Letter, K-97-51, City Manager Memo.Maps) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING PROPOSED MEDIAN CHANGES ON US 1 IO ALLOW LEFT TURNS AND U-TURNS A1 WASHINOION STREET; PROVIDING FOR AN EFFECTIVE DAIE. Adopt Proposed Resolution No. R-97-49 - Recregtional Advisory Commi[t~e (City M0~Iaager Translmittal 8/28/97, R-97-49) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, CREATING A RECREATIONAL ADVLglORY CO1VIM~ FOR THE PURPOSE OF ESTABLISHING IHE FUNCTION, ROLE, AND FINAL MAKE-UP OF A PERMANENT RECREATIONAL ADVISORY COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE. 15. 16. CITY COUNCIL MATTERS A. Mayor Walter Barnes B. Vice Mayor Richard Taracka C. Mrs. Louise Cartwright D. Mr. Larry Paul E. Mrs, Ruth Sullivan ADJOURN (All meetings shall adjourn at lO:30 p. m, unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANT DECISION MADE BY II-lE CllT COUNCIL WITH RESPECT TO ANY MATTER t CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TIlE 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 ttEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISAB1LITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SIIOULD 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 Meeg~ng~5 Special Meeting (First Millage/Budget Hearing) - Wednesday, September 1 O, 1997 ~ 7 pm Workshop ~ Wednesday, September 15, 1997 Special Meeting - Quasi.Judicial Hearing - Wednesday, September 17, 1997 ~ 7pm Special Meeting (Final Millage/Budget Hearing) - Wednesday, September 24, 1997 (~ 7pm Regular Mee#ng- Wednesday, September 25, 1997 ~ 7pm 1225 MAIN STREET [] S~ TELEPHONE (561) 589-53; REFISED CA TALt SEBASTIAN CIr~-n3U~NCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 3, 1997 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the Ci(y Council with respect to agenda items immediately prior to deliberation oft. he item by the City Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ' ROLL CALL 5. AGENDA MODIFICATIONS (ADDIT[0~_AND/ORDELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 6. PROCLAMATIONS,~ A]~JQUb[CEMENTS AND/OR PRESENTATIONS 97.156 A. Presentation by John Hill, P.E. - Craven Thompson & Associates - FEMA Flood Zones and Flooding predictions for the Highlands Subdivision (City Manager/Public Works Transmittal 8/28/97, Hill Letter 8/28/97, FEMA Letter, City Manager Memo, Map) 97.211 B. Presentation by Advanced Communications Network, Inc. - Cable Service (City' Manager Transmittal 8/28/97, Booklet Previously Distributed) 7. CITY ATTORNI~Y MATTERS 8. CITY MANAGER MATTERS 97.054 97.212 97.213 97.214 97.215 97.091 97.216 10. 11. 12. 13. CONSKNT 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. A. Approval of Minutes - 8/20/97 Workshop Adopt Resolution No. R-97-50 - Falcon Cable TV Franchise 60 Day Extension to 11/11/97 (City Manager Transmittal 8/28/97, R-97-50) A RESOLLrrION 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 TIlE CITY COUNCIL; PROVIDINO FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager to Apply for Local Law Enforcement Block Grant in the Amount of $10,794 Requiring Local Cash Match of $1,198 (Police Chief Transmittal 8/22/97, US Justice Letter) Authorize City Manager and Police Chief to Apply for Grant Funded PAL Program (Police Chief Transmittal 8/21/97, PAL Letter 8/11/97, Chief Letter 8/21/97) Authorize City Manager to Sign Agreement with Indian River Community College for TQM Training Services in the Amount of $2,988 and Purchase Training Booklets from International City Management Association for Approximately $1,958 Plus Shipping (City Manager Transmittal 8/28/97, IRCC Memo) Approve Request by Vero Beach/Indian River County for Temporary Closing of Indian River Drive and Use of Riverview Park for Halloween Parade and Costume Judging - Use of Electricity - 10/31/97 - 4 to 6 pm (City Manager Transmittal 8/28/97, VB/IRC Recreation Memo, City Clerk Memo, PD Memo) Approve Craft Club of Sebastian Request for Use of Riverview Park - 1997/1998 Annual Shows Based on Conditions in Effect on October 4, 1997 (City Clerk Transmittal 8/26/97, Stimmel Letter) Approve Lions Club Request for Use of Yacht Club at No Charge for Fourth of July Meetings (City Clerk Transmittal 8/27/97, Ellis Letters) PUBLIC HEARING - None INTROPUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSI~F.o$$ 2 14. NEW BUSINESS 97.199 97.156 97.166 97.217 97.201 15. 16. Approve Agreement Between Rolfe Zurstrassen and City of Sebastian for Catch Basin and Culvert Pipe - Lots 14 and 15, Block 293, Unit 15 Sebastian Highlands (City Manager Transmittal 8/28/97, Agreement) Approve First Amendment to Agreement Between St. Johns River Water Management District for Development and Implementation of Surface Water Management Plan for City of Sebastian (City Manager Transmittal 8/28/97, City Manager Letter 5/9/97, SJRWMD Letter 8/25/97, Proposed I st Amendment to Agreement) First Reading of Or0ina, ce No. O-97-58 - Deleting Shared Parking ProyBJon - Set Second Reading and Public Hearing for 9/24/97 - Deferred from 8/27/97 Regular Meeting (Director Qf (~9mmlmity I)~y¢lopr~ent Transmittal, 0-97-58, P & Z Memo) AN ORDINANCE OF' THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A- 8.3 OF IHE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY DELETING THAT PROVISION; PROVIDINO FOR CODIFiCATK)N; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Consider U-Turn Proposal f~r U,$. 1 t~t Washington Street and Adopt ResolutiOn No. R-97-51 if in Support (Public Wo__rk~ Txansmittal 8/28/97, City Engineer Memg~.F_I)QT I,et~er, R-97-51, City Manager Memo, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING PROPOSED MEDIAN CHANGES ON US 1 TO ALLOW LEFT TURNS AND U-TURNS AT WASHINGTON STREET; PROVIDING FOR AN EFFECTIVE DATE, Adopt Proposed Re~l>lution No. R-97-49 - Recreational Advisory Committee (City Manager l.r~lnsmittal 8/28/97, R-97-49') A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, CRF_.~TRqO A RECREATIONAL ADVISORY COMMITTEE FOR THE PURPOSE OF ESTABLISHING THE FUNCTION, ROLE, AND FINAL MAKE-UP OF A PERMANENT RECREATIONAL ADVISORY COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE. *(A COPY OF R-97-49 WILL BE DISTRIBUTED AT THE CiTY COUNCIL MEETING) CITY COUNCIL MATTERS A. Mayor Walter Barnes B. Vice Mayor Richard Taracka C. Mrs. Louise Cartwright D. Mr. Larry Paul E. Mrs. Ruth Sullivan ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended fbr up to one half hour by a majority vote of City Council) OMAANY PERSON I, VHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL MIII RESPECT TO ANY TI'ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORDTr'~ OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HFMRD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meq#ng$ : Special Meeting (First Millage/Budget Hearing) - Wednesday, September 10, 1997 (9 7pm Workshop - Wednesday, September 15, 1997 Special Meeting - Quasi-Judicial Hearing - Wednesday, September 17, 1997 (~ 7pm Special Mee#ng (Final Millage/Budget Hearing)- Wednesday, September 24, 1997 ~ 7pm Regular Meeting- Wednesday, September 25, 1997 ~ 7pm INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET SEPTEMBER 3, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Address: Address: ~ A/-.~ ,,~ ~ ~- Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, SEPTEMBER 3, 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 Mr. Larry Paul Mrs. Ruth Sullivan City Council Absent: Mrs. Louise Cartwright (excused) StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Conmmnity Development, Bob Massarelli Chief of Police Randy White Public Works Director, Pat Bremmn City Engineer, Martha Campbell Deputy City Clerk, Sally Maio Regular City Council Meeting ~tember 3, 1997 Page Two 97.156 97.211 AGI~NI)A MODIFICATIONS (ADDITIONS AND/OIl DELETIONS) Items not on the written agenda may be added only upon maj'ority vote of City Council members (R-97-21) None. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS Presentation .by John Hill, P.E. - Crave~ Thompson & Associat~_,s - FEMA Flood Zones an[fl Flooding Predicljon~$ for the Highlands Subdivision (City Manager/P~blic Works Transmittal 8/28/9_7, Hill Letter 8/28/97.,_FEMA Letter, City Manoger Memo, Map) Jolm Hill, Craven Thompson & Associates, said that evaluation of the City's flood zones was a part of his contract with the City and made a brief presentation on his report and exhibited a map indicating the areas he believed would be subject to flooding in a 100 year storm although, he said, not all lots would be involved based on their elevations. His report discussed drainage solutions for the City such as actively engaging citizens in establishing priorities, allocating sufficient resources to restore drainage systems, adopting and supporting proper lot development regulations, continuing the City's alliance with St. Johns and the Department of Revenue, and introducing drainage programs. The City Manager presented a concept map showing six separate districts that could be designated as drainage districts with six members appointed from each district to a City Stormwater advisory cormnittee to provide reconunendations to City Council. Mr. Hill said FEMA has a program to pay for remapping, meanwhile, he said residents may want to consider flood insurance if their homes are Iow-lying. He said he believed that remapping would result in a much broader flood zone area. The City Manager said these items could be scheduled for upcoming meetings for action to allow some time for review by Council and additional information from staff. it was the consensus of Council to support the establishment of the advisory committee. presentation by Advanced Communicationa Network, Inc. - Cabl~ Service (City Mqnagcr TrRosmittal 8/28/97_~ Booklet Previously Distributed) George Shields, Advanced Communications Network, Inc., presented his offer to provide cable and other telecommunications services to the citizens of the City, and responded to questions fi.om City Council regarding the type of service, the importance of customer service, maintenance, employees, public access cham~el, TAPE I - SIDE II (7:47 p.m.) the financial ability of the company to provide the service. ~egular City Council Meeting September 3, 1997 Page Three The following ra¢mbers of the public provided questions as follows: John Ellis, 402 Rolling Hill Drive, Sebastian, requested names of investors and cost for cable. Ray Coniglio, 941 Carnation Drive, Sebastian, asked what other services could be provided. Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired about duplication of channels. Tut Connelly, 149 Kildare Drive, Sebastian, asked about intemet provider and channel menus. Harry Thomas, 654 Balboa Street, Sebastian, asked about program offerings and internet lines. Richard Schlausser, 817 Tulip Drive, Sebastian, asked how long it would take to install lines. Martha Wininger, 106 Thunderbird Drive, Sebastian, asked about company experience and duplication of channels. Fred Mensing, 129th Street, Roseland, asked whether the system will handle digital analog television and whether the service will reach beyond Sebastian. Mr. Shields responded to each of their questions stating that may of the issues will be determined during citizen meetings and negotiations; that he would provide cable to all homes in Sebastian and perhaps beyond the City; that he has sufficient financing to undertake the operation; that the company has no other current cable franchises, and stressed the importance of customer satisfaction. The City Manager said the company has requested a letter of interest from the City to begin franchise negotiations. He stated that one of the principles of the 1996 Telecommunications Act is to foster competition and that this may be an opportunity to bring some competition to the City. He said he will begin negotiations. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS The City Attorney said the Dempsey/Vocelle bids will be opened next week. eegular City Council Meeting ptember 3, 1997 Page Four 97.054 97.212 97.213 97.214 97.215 97.091 97.216 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. A. Approval of Minutes - 8/20/97 Workshop Adopt Resolution No. R-97-50 - Falcon Cable TV Franchise 60 Day Extension to 11/11/97 (City Manager Transmittal 8/28/97, R-97-50) A RESOL[ITK)N OF TI-[E CITY COUNCIL OF THE CITY OF SEBASTIAN, FI JORIDA, GRANTING AN EXTENSION OF AN EXISTINO 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 TIlE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE, Authorize City Manager to Apply for Local Law Enforcement Block Grant in the Amount of $10,794 Requiring Local Cash Match of $1,198 (Police Chief Transmittal 8/22/97, US Justice Letter) Authorize City Manager and Police Chief to Apply for Grant Funded PAL Program (Police Chief Transmittal 8/21/97, PAL Letter 8/11/97, Chief Letter 8/21/97) Authorize City Manager to Sign Agreement with Indian River Community College for TQM Training Services in the Amount of $2,988 and Purchase Training Booklets from International City Management Association for Approximately $1,958 Plus Shipping (City Manager Transmittal 8/28/97, IRCC Memo) Approve Request by Veto Beach/Indian River County for Temporary Closing of Indian River Drive and Use of Riverview Park for Halloween Parade and Costume Judging - Use of Electricity - 10/31/97 - 4 to 6 pm (City Manager Transmittal 8/28/97, VB/IRC Recreation Memo, City Clerk Memo, PD Memo) Approve Craft Club of Sebastian Request tbr Use of Rivcrview Park - 1997/1998 Annual Shows Based on Conditions in Effect on October 4, 1997 (City Clerk Transmittal 8/26/97, Stimmel Letter) Approve Lions Club Request for Use of Yacht Club at No Charge for Fourth of July Meetings (City Clerk Transmittal 8/27/97, Ellis Letters) Tile City Manager read the consent agenda and the City Attorney read Resolution No. R-97-50 by title only. Mrs. Sullivan removed items C and E, and Mayor Barnes removed A, D and H. 4 [egular City Council Meeting eptember 3, 1997 Page Five MOTION by Taracka/Sullivan I move to approve items B, F and G. ROLLCALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - absent - aye - aye - aye MOTION CARRIED 4-0 item A - Minutes Mayor Barnes asked if it has been discovered whether the City will receive the $45,000 as stated by the Department of Commmfity Aft'airs representative relative to the Conununity Development Block Grant. The City Manager said he was waiting to hear from Department of Community Affairs. MOTION by Bames/Sullivan I move to approve item A. ROLLCALL: Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 4-0 Item C - Locgl Law Enforcement Block The Chief of Police said there are currently four car video systems in operation and explained their importance in employee per£ormance, DUI convictions, and training value. Mrs. Sullivan conm~ended the Chief for recent upgrades in the department. MOTION by Sullivan/Taracka I move to authorize the City Manager to apply for the local law enforcement block grant in the amount of $10,794.00 requiring a local cash match of $1998. egular City Council Meeting eptember 3, 1997 Page Six ROLL CALL: Mr. Paul Mrs. Sullivm~ Mr. Barnes Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye - absent MOTION CARRIED 4-0 Item D - PAL Program The Chief of Police explained the Police Athletic League (PAL) program for area youth. MOTION by Barnes/Taracka I'll make a motion to approve item D. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - aye MOTION CARRIED 4-0 Item E - TOM The City Manager explained Total Quality Management Prograln and related training. TAPE II - SIDE I (8:35 pm.) MOTION by Sullivan/Taracka I move authorizing the City Manager to sign the agreement with the Indian River Community College for the training services in the amount of $2988 and to purchase the booklets for the International City Management Association for approximately $1958. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 6 _Regular City Council Meeting eptember 3, 1997 Page Seven 10. 11. Il;tm H - Lions Club The City Clerk read froul her menlo to City Council dated Septenlber 2, 1997 regarding her error in scheduling and the need to change dates for the Liou's Club (see attached). MOTION by Taracka/Sullivan I make a motion to accept tile corrected dates for the Lions Club. ROLLCALL: Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 4-0 Mayor Barnes called recess at 8:47 pm. aud reconvened the meeting at 9:00 p.m. Ail members present at roll call were present when the lneeting was reconvened. PUBLIC IilgARING - NOlle INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Frank Oberbeck, Board of Adjustment, discussed a variance approved for an eight foot fence which ended up being an eight foot concrete block wall along the rear yard and said the code needs to be looked into so that concrete walls are not allowed in tile Future. The Director of Community Development said the Land Development Code allows a concrete or masonry wall in residential. The City Manager said until such tilne as the code can be amended, the City could take a position to not approve or deny such requests. Harry Thomas, 654 Balboa Street, Sebastian, distributed newspaper articles from the Press Journal, regarding tourism and urged that only residents be allowed on city boards. Sal Neglia, 461 Georgia Boulevard, Sebastian, took exception to remarks made by Mrs. Cartwright relative to the Sebastian Property Owners Association; and showed photos of businesses along the riverfront possibly improper and unlicensed. The Director of Comnlunity Development said he was working with people trying to apply for a water taxi license and had told them to come back with a parking plan. Don Smith, 208 Poinciana Street, Sebastian, expressed his strong feeling that the local government had regressed in the last two weeks relative to remarks made by a Councilmember about the Riverfront. He asked that apologies or corrections be made for statements made in an editorial by Mrs. Sullivan which he believed were incorrect. 7 __Regular City Council Meeting eptember 3, 1997 Page Eight TAPE II - SIDE II (9:35 p.m.) Mr. Smith continued. Mrs. Sullivan responded to Mr. Smith, stating that she was not opposed to the committee but to the manner in which the public was treated. She said she and Mr. Smith may disagree on the Riverfront Plan but that it is their right. Mayor Barnes suggested that perhaps these matters can be brought up at the September 15, 1997 Riverfront workshop. 12. COMMITTEE REPORTS/RECOMMENDATIONS - None 13. OLD BUSINESS - None 14. NEW BUSINESS 97.199 AplXove Agreement Between R01fe Zurstrassen and City of Selpa~tian for Catch Basin and__C~lYer~ Pipe - Lot8 1.4 aM 15, Block 293, Unit 15 Sebastian Highlands (City Manager Transmittal 8/28/97, Agreement) MOTION by Paul/Taracka I make a motion that we approve the proposed agreement with Rolfe Zurstrassen agenda item 97.199 in an amount not to exceed $8,000. ROLL CALL: Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED -0 97.156 Approve First Amendment to Agrecment B~v~en St. Johns River Waist Maaagement District for Developmen~ ~d Implementation of Surface Water Management Plan for City of Sebasfi0n (City ~anager Transmittal 8/28/97, City Manager L~;ter 5/9/97, SJRWMD l~¢~[~r 8/25/97, Propose~. 1st Amendment to Agreement) MOTION by TarackadPanl I move to approve first amenchnent to agreement between St. Johns River Water Management District and the City of Sebastian for development and implementation of a surface water management plan for city of Sebastian ~[{egular City Council Meeting September 3, 1997 Page Nine 97.166 C. ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye - absent MOTION CARRIED 4-0 First Readinggf Ordinance No. 0-97-58 - Deleting Shared Parking Provision - 5¢t Second Reading and Publi~_Heari,~g for 9/24/97 - Deferreql from 8/27/97 Regular MeetLng 0)ir~ctor of Community Developmem Tr0r~smittal, 0-97-58, P & Z Memo) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDIN0 SECTIONS 20A- 8.3 OF THE LAND DEVELOPMENT CODE :RELATING TO SHARED PARKING BY DELETING THAT PROVISION: PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB[LITY; PROVIDING FOR AN EFFFCTIVE DATE. The City Attorney read Ordinance No. 0-97-58 by title only and reported that she originally thought that staff had reconm~ended the inconsistency with the Comprehensive Plan but found it was the Land Planning Agency that had recommended it but did not explain its reasons. She said she was at a loss relative to inconsistency and had found no area of the Comprehensive Land Use Plan that dealt with shared parking. She said shared parking is a good tool, is not environmentally based, and that the regulations could be tightened up to address Council concerns. Mrs. Sullivan urged adoption of the ordinance to prohibit overdevelopment and suggested mnendment to paragraph six to add after "such site .... owned by the building owner or use operator". The City Attorney said there are other mechanisms that can be used such as land lease tri-party agreements. Mayor Barnes objected to shared parking because of overdevelopment. Mr. Paul suggested that perhaps if the Riverfront area is removed from the regulation or additional regulations are added, shared parking could be left in the code and disagreed with Mrs. Sullivan's amendment. Tom Collins, Captain Hirams, said shared parking is a good concept but could use amendment. He suggested that Council ask its staff and other professionals for a recommendation. Harry Thomas, 654 Balboa Street, Sebastian, addressed shared parking. The City Attorney said if paragraph six is changed, another first reading would have to be held. Mr. Paul reconunended obtaining a staff reconunendation. The City Attomey suggested that consultant Les Solin look at this provision and come up with a recommendation for suggested amendments to make the provision shared provision more workable. 9 City Council Meeting September 3, 1997 Page Ten MOTION by Paul/Taracka I'll make a motion that we postpone item 97.166 to a time uncertain until its returned. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - aye MOTION CARRIED 4-0 TAPE III - SIDE I (10:20 p.m.) 97.217 D. Con?idc_r U-Turn Proposal for Id. S. I at Washington Street 0/Icl.Adopt Resolution No. R-97,15.1_ ii[ in Support (Public Works Transmittal 8/28/97, City Engineer Memo, FDQT Letter, R-97-51, City [Manager Melno, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING PROPOSED MEDIAN CHANGES ON US I TO ALLOW LEFT TUI-LNS AND I J-TI.rRNS Al' WASHINGTON STREET; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-51 by title only. The City Manager reiterated his recommended action and requested support of City Council by adoption of the resolution to forward to Indian River County for FDOT. Frank Oberbeck said the same problem exists in the southbound area. Dan Preuss, ReMax Real Estate, 936 U.S. 1, said Cleveland Street is being proposed for closing to eastbound traffic and requested relief. MOTION by Sullivan/Paul I make a motion to extend the meeting to 11 pm. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 10 _Regular City Council Meeting eptember 3, 1997 Page Eleven 97,201 E. The City Manager suggested this resolution be adopted tonight and then he be directed to contact Indian River County to let them know there was no contact with business owners in the corridor and ask them to look into Cleveland Street. MOTION by Paul/Taracka I move to adopt Resolution No. R-97-51 ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 4-0 The City Manager said he would contact Indian River County. Adopt Propg~;ed R~olution No. R-97-49 - Recreational Advisory Committee (City Manager Transmilt01 8/28/97, R-97-49) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, CILEATING A RECREATIONAL ADVISORY COMMITTEE FOR THE PURPOSE OF ESTABLISHING THE FUNCTION, ROLE, AND FINAL MAKE-UP OF A PERMANENT RECREATIONAL ADVISORY COM/vflTTEE, AND PROVIDING FOR AN EFFECIIVE DATE~ The City Attorney read Resolution No. R-97-49 by title only. The City Manager said this is a short-lived resolution to establish an advisory committee whose function will be to establish the purpose of a permanent recreation advisory board, identify its role and prepare a reconmaendation to City Council for action. The City Manager said he would contact the organizations tomorrow. Mr. Paul requested a citizen-at-large. MOTION by Sullivan/Taracka I would move to adopt proposed Resolution No. R-97~49 Recreation Advisory Committee to include a citizen-at- large as amended by the City Manager. ROLL CALL: Mrs. Cartwright - absent Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 4-0 11 City Council Meeting September 3, 1997 Page Twelve 15. CITY COUNCIL MA_TTER~ A. Maygr__~Y.aR~r B,'lmcs Mayor Barnes reported on IRC youth functions; requested parking restriction resolution for the Yacht Club, to which the City Manager responded he would like to prohibit other than boat trailer parking in the double spaces and limit parking along Riverview Park East. B. Vice Mayor Richard_To_rocka None. C. Mrs. L_oui~¢ C~lrtwright Absent. D. Mr. Larry Paul Mr. Paul inquired about spraying for mosquitos to which the Mayor responded there are limited funds therefore spraying is not being done in standing water. E. Mrs, Ruth Sulli~zan None. 16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:45 p.m. Approved at the~. ~%2~' Kathryn 1¢1. O'Halloran, CMC/AAE City Clerk 1997, Regular City Council Meeting. Mayor 12