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Home My WebLink About10221997 City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (56.1) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 22, 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 City Council with respect to agenda items immediate~,prior to deliberation of the item by the City Council. limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Chaplain Frank Camillo 4. ROLL C~LL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 97.245 A. Presentation of Plaque to Construction Board Member - Randy Mosby - 1991 - 1997 97.202 B. Presentation of Plaques to Rivcrfront Committee Members - 1996 - 1997 Bruce Bennett Stanley Krulikowski Donald Smith Kenneth Chapin Carolyn Corum J.W. "Tommy" Thompson Thomas H. Collins Edward H. Moore, Jr. Steven G. Wild 97.090 97.160 97.250 97.112 10. 11. 12. 13. 14. PUBLIC HEARING - None I,NTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RF~COMMENDATION$ OLD BUSINESS - None NEW BUSINESS Ao Authorize City Manager to Execute Change Orders with C.R. McClellan, Inc. for Culvert Replacements Not to Exceed $124,393.75 as Part of Annual Culvert Replacement Program (Public Works Transmittal 10/15/97, List of Culvert Replacements) Approve Dempsey/Vocelle Drainage Improvements - Change Order for Engineering Fees in the Amount of $13,130 for Craven Thompson and Associates Supplemental Agreement #8 and PO #1520 (Public Works Transmittal 10/15/97, CTA Letter) Consider Bench Advertising by Sebastian Lions Club (City Manager Transmittal 10/16/97, Barnhill Letter, Proposed Bench Locations, Draft Resolution, 337.408 FS, DCD Memo) Do First Reading of Ordinance No. O-97-61 as Revised - Parking/Traffic - Schedule Second Reading, Public Hearing and Final Adoption for November 19, 1997 (City Attorney Transmittal 10/16/97, 0-97-61, Minutes of 8/6/97 and 8/27/97) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-1 OF THE CODE OF ORDINANCES RELATING TO DEFINITIONS; ADOPTING THE FLORIDA UNIFORM CONTROL LAW; AMENDING SF_12TION 9g.4 OF THE CODE OF ORDINANCES RELATING TO DRIVING ONTO MEDIANS, SHOULDERS, ETC,, DELETING SECTION 98-5 RELATING TO OPERATION ON PUBLIC SCHOOL GROUNDS; AMENDING SECTION 98-6 RELATING TO LIMIT ON GROSS WEIGHT OF VEHICLES; AMENDING SECTION 98-7 OF THE CODE OF ORDINANCES RELATING TO ENFORCEMENT; AMENDING SECTION 98-S OF THE CODE OF ORDINANCES RELATING TO DESIGNATION OF ONE WAY STREETS; AMENDING SECTION 98-32 OF THE CODE OF OKDINANCES RELATING TO VERBAL NOTICE OF UNSAFE PARKING, REFUSALTO OBEY; DELETING SECTION 95-33 OF THE CODE OF ORDINANCES RELATING TO PARKING ON PUBLIC SCHOOL GROUNDS; DELETING SECTION 98-34 OF THE CODE OF ORDINANCES RELATING TO PARKING ON MAIN STREET; DELETING SECTION 98-35 OF THE CODE OF ORDINANCES RELATING TO PARKING ON CENTRAL AVENUE; AMENDING SECTION 9$-36 OF THE CODE OF ORDINANCES RELATING TO PARKING IN RESIDENTIAL DISTRICTS; CREATING SECTION 98-38 ENTITLED "PENALTIES FOR VIOLATION OF SECTION 316.1955, FLORIDA STATURES; HANDICAPPED ACCF3SIBIIITY FUND"; AMENDING SECTION 98.52 OF THE CODE OF ORDINANCES RELATING TO DEFINITIONS; AMENDING SECTION 98-53 OF THE CODE OF ORDINANCES RELATING TO MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS; PROVIDING FOR A PURPOSE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET OCTOBER 22, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEtV BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Address: , ,,, .. :~,, .... Subject:., )z, :,...' Nit/ne: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name~ Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 22, 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. invocation was given by Police Chaplain Frank Camille. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Chief of Police, Randy White Public Works Director, Pat Brennan City Engineer, Martha Campbell Deputy City Clerk, Sally Maio ,m.~Regular City Council Meeting cml)er 22, 1997 l~Page Two 97.202 AGENDA MODIFICATIONS (,4DDITIONS AND/OR DELETIONS~I Item not on the written agenda may be added on~ upon majoriO~ vote of City Council members (R.97.21) The City Manager requested the addition of a resolution stating the City's intent to establish and begin procedures for a moratorium in the Riverfront District as item 14.E. MOTION by Paul/Taracka I move to add Resolution 97-73 to the agenda. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Plaque to Construction Board Member - Randy Mosby - 1991 - 1997 Mayor Banes presented a plaque to Mr. Mosby. B. Preseatation of Pla0~es to Riverfront Committee Members - 1996 - 1~9_7 Bruce Bennett Stanley Krulikowski Donald Smith Kenneth Chapin Carolyn Corum J.W. "Tommy" Thompson Thomas H. Collins Edward H. k4oore, Jr. Steven G. Wild Mayor Banes presented plaques to the above referenced members, with the exception of Mr. Collins and Mr. Krulikowski who were not present. CITY ATT_O~y MATTERS None. CITY MANAGER MATTERS The City Manager reported on the Zurtrassen lawsuit. 2 ~l~Regular City Council Meeting tober 22, 1997 l~Page Three ~ONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discu~on of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 10/8/97 Regular, 10/15/97 Workshop 97.246 Pelican Island Preservation Society - 95th Anniversary of Pelican Island - Riverview Park - March 14, 1998 - 11 am to 4 pm - Electricity - Standard Conditions or Conditions in Effect at Time of Use (City Clerk Transmittal 10/2/97, Davies Letter 10/1/97) 97.247 Our Lady of Guadalupe Church - Halloween Dance Fundraiser - Community Center - 10/31/97 - 7 pm to Midnight - Security Pd - Approve Use to Midnight and Charging Admission Fee (City Clerk Transmittal 10/7/97, Application, Excerpt of Rules) 97.248/ 96.223 Proposed Settlement in the Citrus Utilities, Inc. vs City of Sebastian Case - No Cost to City - Authorize City Manager to Execute the Agreement - GDU Payment to Citrus Utilities May Be Changed (City Manager Transmittal 10/16/97, Torpy Letter, Proposed Settlement Agreement) 97.167 Award Bid for Construction of Observation/Fishing Pier at Riverview Park to Dockside Builders in the Amount of $12,700 (City Manager Transmittal 10/16/97, Notice to Bid, Sec. 2-92(c)(2), Bid Tabulation) 97.249 Renew Asphalt Contract for One Year for Type S-3 Asphalt - Ranger Construction Industries and Dickerson of Florida, Inc. and Mac Asphalt, Division of APAC When Ranger Cannot Supply (Public Works Transmittal 10/16/97, Letters of Consent from Vendors, Minutes) 97.218 Adopt Resolution No. R-97-71 o Sebastian Lakes Conunons Final Development Plan and Final Plat (Director of Community Development Transmittal 10/16/97, Application, Location Map, Staff Report, Final Plat Under Separate Cover, R-97-71) A RESOIArllON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR A PUD KNOWN AS SEBASTIAN LAKES COMMONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 97.201 Adopt Resolution No. R-97-72 - Creating Permanent Recreational Advisory Committee (Public Works Transmittal 10/14/97, R-97-72) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE SEBASTIAN RECREATIONAL ADVISORY BOARD; PROVIDINO 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 Nos. R-97-71 and R-97-72 by title. pR~gular City Council Meeting ctober 22, 1997 ge Four MOTION by Taracka/Paul I move to approve items C, D, E and F of the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Ilem A - Minutes Mayor Barnes requested the addition of"Fourth of July" prior to "parade" on page 13 of the October 8, 1997 minutes. Mrs. Sullivan requested addition of"Riverfront public parking area" rather than "lot" on page 7 and "voted by the full Strategic Committee that she prepared" after "list" on page 11 of the October 8, 1997 minutes. MOTION by Barnes/Sullivan I'll make a motion to approve item A as amended. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 item B - ['~lican Island Day Mr. Taracka expressed concern for canoe/kayak sales and rides through mangroves last year. A member of the audience connected with the event assured him this would not take place. MOTION by Taracka/Paul I move to approve item B of the consent agenda. ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwfight Mr. Paul MOTION CARRIED 5-0 - aye - aye - aye - aye - aye 4 pR~ggUlar City Council Meeting ctober 22, 1997 e Five Item Q - Resolution No. R-97-71 - Sebastian Lakes Comm~.ll~ Final Plat Mr. Paul expressed his wish that Walgreen's landscaping be less sparse than the Winn-Dixie and Walgreens in surrounding m'eas and said that the Director of Community Development and City Manager had assured him it would not be. Mrs. Sullivan requested that language be added relative to the City Engineer's provision that the developer upgrade the stormwater pond. The Director of Community Development said this issue will be addressed in Phase III which will be presented on November 5, 1997 and the City Attorney advised that it is not appropriate to change anything at this time if the applicant has complied with provisions of the approved preliminary plat. MOTION by Sullivan/Taracka I move adoption of Resolution R.97-71. ROLLCALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Item H - l~oluiion No. R-97-72 Recreation Comr~itt~ Mrs. Sullivan commended Mayor Barnes and Larry Driver for their efforts in establishing this committee. Mrs. Cartwright asked that Resolution Section 3 - A. 1-7 be gender neu~'al. MOTION by Sullivan/Taraeka I would move to adopt Resolution R-97-72 as amended. ROLLCALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 10. PUBLIC HEARING - None City Council Meeting October 22, 1997 Page Six 11. 12. 13. 14. iNTRODUCTION OF NEW BUSINESS FI{OM TIlE PUIILIC Which is not otherwise on the agenda - sign-up required- limit often minutes for each speaker Tut Connelly, 149 Kildarc Drive, Sebastian, stated his objection to the Eagles Nest Restaurant expansion agreement and "giving away" taxpayer money. Harry Thomas, 654 Balboa Street, Sebastian, suggested home occupational license approval procedures be reviewed. COMMITTEE REPORTS/RECOMME~IDATIONS None. OLD BUSINESS Non~. NEW BUSINESS Authorize City Manager to Execute Change Orders with C.~.lM~(~lellatl, Inc. for Culvert Replacements Not to Exceed $124,393.75 as PaB of Annual Culvert Replacement Program (Public ~/orks TransmittaL10/!~/97, List of Culvert Replacements) The City Manager briefly explained the program which will identify each installation as a change order and, in response to Mr. Taracka, said side yard culverts are being installed in groupings of priority. MOTION by Taracka/Paul I move to authorize the City Manager to execute change orders not to exceed $124,393.75 to CR McClellan, Inc. for culvert replacements. ROLL CALL: Mrs. Cartwfight - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 6 pR~ar City Council Meeting ctober 22, 1997 ge Seven 97.160 B. Approve Dempsey/Vocelle Drainage I~provements - Change Order for Eagine~ri~g Fees in the Amount of $13,130 for Craven Thompson and A~0~i~tes Supplemental Agreement #8 and PO #1520 (,P~IJ~ Works Transmittal 10/15/97, CTA Letter) The City Manager briefly explained the increase for supplemental $$8. In response to Mrs. Sullivan and Mayor Barnes, the City Manager explained the 10% markup and said the project will begin November 3. MOTION by Taracka/Paul I move to approve thc increase of $13,130 to Craven, Thompson and Associates supplemental agreement #8 (tape ended) and PO #1520. TAPE I - SIDE II (7:47 p.m.) ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taraeka Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 97.250 ~0r~sider Bench Advertising by Sel~ll~tisan Lions Club (City Manager Trall~it~al 10/16/97, Bamhill Letter, Proposed Bench Loc~l, iO~. Draft Resolution, 337.408 FS. ])CD Memo) The City Manager said he had received a request by the Lions Club and Treasure Coast Bench Advertising to consider placement of benches for public convenience and advertising and was seeking direction fxom City Council; the Director of Community Development explained that benches located in fight-of-way are currently prohibited and that placed on private property must meet current code requirements. A lengthy discussion followed on appropriate locations for these benches and state law requirements. Richard Barnhill, Treasure Coast Bench Advertising and Bench Chairman for the Lions Club, explained the advertising procedure and approval process and noted the submitted location list is subject to change. Mrs. Cartwright suggested that Riverfront theme, public convenience, safety and keeping them close to fight-of-way are issues that should be addressed. Tut Counelly, 149 Kildare Drive, Sebastian, questioned who would maintain the benches. Harry Thomas, 654 Balboa Street, Sebastian, suggested some sort of shelter be provided. Sal Neglia, 461 Georgia Boulevard, Sebastian, asked how many children will benefit. oRegular City Council Meeting ctober 22, 1997 Page Eight Mayor Barnes suggested statTlook at the City's ordinances and come back with a report. Mr. Bamhill responded to City Council questions and concerns. TAPE II - SIDE I (8:35 p.m.) 97.112 D. Mayor Barnes called recess at 8:40 p.m. and reconvened the Regular Meeting at 8:55 p.m.. All members were present. First Reading of Ordinance No, 0-97-6 ! as Revised - Parking/Traffic - Schedule Second Reading, Public Hearing and Final Adoptign fgr November 19, 1997 (City Attorney Transmittal 10/[6/97, O-97-61, Minutes of 8/6[~7 ~mcl 8/27/97) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING SECTION 98-1 OF THE CODE OF ORDINANCES RELATING TO DEFINITIONS; ADOPTING THE FLORIDA UNIFORM CONTROL LAW; AMENDING SECTION 98-4 OF THE CODE OF ORDINANCES RELATING TO DRIVING ONTO MEDIANS, SHOULDERS, ETC., DELETING SECTION 98-5 RELATING TO OPERATION ON PUBLIC SCHOOL GROUNDS; AMENDING SECTION 98-6 RELATING TO LIMIT ON GROSS WEIGHT OF VEHICLES; AMENDING SECTION 98-7 OF THE CODE OF ORDINANCES RELATING TO ENFORCEMENT; AMENDING SECTION 98-S OF THE CODE OF ORDINANCES RELATING TO DESIGNATION OF ONE WAY STREETS; AMENDING SECTION 98-32 OF THE CODE OF ORDINANCES RELATING TO VERBAL NOTICE OF UNSAFE PARKING, REFUSALTO OBEY; DELETING SECTION 9S-33 OF THE CODE OF ORDINANCES RELATING TO PARKING ON PUBLIC SCHOOL GROUNDS; DELETING SECTION 98-34 OF THE CODE OF ORDINANCES RELATING TO PARKING ON MAIN STREET; DELETING SECTION 9S-35 OF THE CODE OF ORDINANCES RELATING TO PARKING ON CENTRAL AVENUE; AMENDING SECTION 98-36 OF THE CODE OF ORDINANCES RELATING TO PARKING IN RESIDENTIAL DISTRICTS; CREATING SECTION 9S-38 ENTITLED "PENALTIES FOR VIOLATION OF SECTION 316.1955, FLORIDA STATUTES; HANDICAPPED ACCES$[BILgI~ FUND"; AMENDING SECTION 98-52 OF THE CODE OF ORDINANCES RELATING TO DEFINITIONS; AMENDING SECTION 98-53 OF THE CODE OF ORDINANCES RELATING TO MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS; PROVIDING FOR A PURPOSE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read Ordinance No. O-97-61 by title only. The City Attorney explained her revisions from the original ordinance. Mayor Barnes requested that "with the exception of temporary invited guests" be added to page 6 (b). Mr. Taracka said while he agrees with eliminating the prohibition against parking in swales, they must be protected. ,~Regular City Council Meeting l~October 22, 1997 Page Nine Mrs. Sullivan asked if Section 98-4 prohibiting driving on soft shoulders would affect Tast~ of Philly parking and was assured it would not. Mrs. Cartwfight said the word "unimproved" should have been deleted from page 6 (e). The Chief of Police said he would like to review the ordinance more thoroughly and come back with some minor amendments prior to the second reading. CliffEarl (?), 1334 Starboard Street, Sebastian, said parking should be prohibited in the swales. MOTION by Cartwright/'raracka I move to approve the fu'st reading of Ordinance 97-61 as amended and set the public hearing and second reading for November 19, 1997. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Resolution No. R-97-73 - AuthoriziRg Pj'~paration of Ordinance and Public Heatings .sspi~ropriate for Establirgliglg Moratorium The City Manager had distributed a copy of the resolution at the beginning of the meeting. The City Attorney read Resolution No. R-97-73 by title only and recommended several changes. MOTION by Cartwright/Taracka I move to approve Resolution 97-73 as amended. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Bamcs - aye MOTION CARRIED 5-0 ,~Regular City Council Meeting ctober 22, 1997 I~P ~age Ten 15. CITY COUNCII~ MATTERS A. Mr. Lar~ Paul Mr. Paul asked when the sign at Airport Drive West indicating businesses within will be completed and the City Manager responded he will work with Public Works to put up a temporary sign while a more professional sign is made. Mr. Paul requested that thc south city limit sign be taken down and the City Manager said the private property is in trust, for sale, that the City Attorney had prepared an agreement for thc city to maintain the area, but that the Public Works Director received a response that the city should deal with the next property owner. He suggested a sign be erected in the median as an alternative. Mr. Paul commended the Chief of Police on behalf of Skyline/Barber Street residents for the department's efforts in slowing down traffic. B. Mrs. Ruth Sullivan None. C. Mayor Walter Barnes Mayor Barnes asked about pending shared parking, mulching machine, and recreation vehicle ordinances. The City Attorney said she would check with Les Solin about shared parking, and the Director of Community Development said the mulching ordinance will be presented November 19 and he would check on the RV ordinance. The City Manager said it was his intent with Council consensus to reconfigure Yacht Club parking to provide 12 car spaces out of the six boat trailer spaces in the center of the lot. There was no objection. D. Vice Mayor Richard Tarackll The City Manager said he had not had time to review fight-of-way on the west side of Indian River Drive. E. Mrs. Louise Cartwrigbt Mrs. Cartwfight announced the Halloween parade on October 31 at 4 pm on Indian River Drive; and reported on her attendance at a Florida PTA convention, where it had been reported that work was being done on HB 2121, approved in May, which affects school funding statewide. TAPE II -SIDE II (9:37 p.m.) She urged people to contact Charles Sembler and Patsy Kurth before November 3 and ask them to use numbers of children actually sitting in classrooms in Indian River County and not erroneous numbers. 16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:43 p.m. 10 )egular City Council Meeting ctober 22, 1997 Page Eleven Approvedatthe A///~ .b~ 997, Regular City Council Meeting. Kathryn~I. O Halloran, CMC/AAE City Clerk Walter W. Barnes Mayor 11