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HomeMy WebLinkAbout11191997 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 19, 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 - Police Chaplain Frank Camillo 4. ROLI~ C.,AL~ AGENDA MODIFICATIONS (3~DDITIONS 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, ANNOIJ~LCEMENTS AND/OR PRESENTATIOI~I~ 7. ITEMS ~ARRIED OVER FROM NOVEMBER $. 1997 REGULAR MEETING 97.112 D. Fir~; Re&~;lillg of Ordinance No. O-97-62 - P01'king Recreational Vehicles - Schedul~ ,,q~ond Reading and Publi~ Hearing for 12/17/97 (Community DCv0!Opll~nt Diroctor Transmittal 10/30/~7~ O-97-62 as Submitted hl 11/5/~)7_ packet. NEW Dk~ctor of Community Development Transmittal 11/11/97. Revised 0-97-62.) AN ORDINANCE OF THE CITY OF SEBASTiAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-5.16, 20A- 5.16.1, AND 20A-6.1.14 OF ~ LAND DEVELOPMENT CODE REGARDING THE DEFINITiON OF A BOAT, THE PARKINO AND STORAGE OF RECREATIONAL VEHICLES, THE PARKING AND STORAGE OF COMMERCIAL TRAILERS AND BOATS, TEMPORARY TRAILERS, THE PARKING OF LARGE TRUCKS AND HEAVY EQUIPMENT AND HOME OCCUPATIONS; PROVIDING FOR CODIFICATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.262 97.138 97.264 97.265 97.266 10, Correction Agreement with Cornerstone Select Homes Re: Abandonment of Streets in a Portion of Unit 17 (Community Development Director Transmittal 10/30/97, Correction Agreement, Location Map) Discuss Tennis Professional at Schumann Park and Provide Direction to City Manager (City Manager Transmittal 10/30/97) Barber Street Sports Complex North Drainage Improvements - Change Orders for Fischer & Sons in the Amount of $3,352 and Craven Thompson in the Amount of $7,750 - Appropriate Additional $24,828.19 fi.om BSSC Football Field Lighting and Hardee Park Restrooms (NEW City Manager Transmittal 11/13/97, Public Works Director Transmittal 10/29/97, BSSC Drainage Improvements Budget Analysis) CITY COUNCIL MATTERS B. C. D. E. Mrs. Ruth Sullivan Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Report on Culvert Pipe Installation on Louisiana Avenue (Verbal Report) CO~$...ENT 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 - 11/5/97 Regular Approve Purchase of Replacement Emergency Generator for City Garage fi.om Cummins Southeastern Power, Inc. in an Amount Not to Exceed $9,692 (Public Works Transmittal 10/31/97) Approve Purchase of Replacement Vehicle for Community Development/Code Enforcement - 1998 Ford F-150 Pickup Truck - Piggyback Florida Sheriffs Association Bid Award - Don Reid Ford, Maitland - $13,889 (City Manager/Asst. to City Manager Transmittal 10/30/97, Dealer Proposal) Approve Purchase of Seven Replacement Police Department Vehicles - Florida Sheriff's Association/FCA Statewide Bid Contract - Two Ford Taurus fi.om Don Reid Ford, Maitland for Total of $29,500 - Two Chevrolet Lumina fi.om Garber Chevrolet, Green Cove Springs for Total of $37,980 - Three Chevrolet Malibu fi.om Gateway Chevrolet, Lake City for a Total of $47,247.24 - Grand Total of $114,375 (Police Department Transmittal 10/24/97, Dealer Quotes) 2 97.268 97.248 97.251 11. Approve Purchase of Vehicle for Public Works - Two Ford F-150 1/2 Ton Pickup Trucks w/Cargo Boxes - Piggyback Florida Sheriff's Association Bid Award from Don Reid Ford, Maitland in thc Amount of $14,179 Each - Total $28,358 (Public Works Transmittal 11/13/97, FSA Documents) Adopt Resolution No./t.-97-80 - Tree Ad¥i,qory Board Recommended N~ttivc Tree Shortlist (,Director of Community l~:elopment_Transmittal 11/! !/97. R-97-80) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TREE ADVISORY BOARD'S RECOMMENDED NATIVE TREE LIST; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R,~}7-81 - Citrus Utilities 1~¥i~ Settlement Agreement - AutborizeMayor to Execute (City M~ager Transmittal 11/13/97.1~-97-8 D A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, AND INDIAN RIVER COUNTY TO RESOLVE ALL CLAIMS, KNOWN AND UNKNOWN, ARISiNO OUT OF A UTILITY AGREEMENT RELATING TO A WATER AND WASTE WATER TREATMENT FACIlitY LOCATED IN THE CITY OF SEBASTIAN, INCLUDING A SUIT FILED BY CITRUS/rrHATW3, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC IlgARINGS Procedures for public hearings: (R-97-21) Mayor Opens Hearing o Attorney Reads Ordinance or Resolution ° StaffPresentation o Public Input - Limit oflO Minutes Per Speaker ° StaffSummation o Mayor Closes Hearing o Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record mo SecondReading, Second Pi~I~Ij.c Heariag and Final Adoption - Ordinance No. O-97-~5 - Builditlg Moratorium in Riverfront l~l/J~t - (City Manager Transmittal 11/13/97, 0-97-65) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCF_3 ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED ~UILDINO PERMIT MORATORIUM"; PROVIDING FOR A BUILDING PERMIT MORATORIUM FOR THE RIVERFRONT AREA LOCATED BETWEEN THE FLORIDA EAST COAST RAILROAD AND THE INDIAN RIVER LAGOON WITHIN THE CITY OF SEBASTIAN, FLORIDA FOR A PERIOD OF SIX MONTHS; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDINO FOR AN EFFECTIVE DATE. Oat Display Ad 10/28/97, 1st Reading an d 1st Public Hearing 11/5/97, 2nd Display Ad 11/13D7, 2nd Reading and 2nd Public Heating 11/19D7) 97.112 97.195 12. 13. 14. 15. Second Reading, Public Hearing alld Fia0,! Adoptj.on - Ordinance No~O-97-61 as Revised - P~king/Traffie (Community Develogment Director Transmittal 11/11/97. Rv~j~d 0-97-61) 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 TRAFFIC CONTROL LAW; AMENDING SECTION 98-4 OF THE CODE OF ORDINANCES RELATING TO DRIVING ONTO MEDIANS, SHOULDERS, ETC., DELETING SECTION 98-$ 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 98-8 OF THE CODE OF ORDINANCES RELATING TO DESIGNATION OF ONE WAY STREETS; AlviENDINO SECTION 98-32 OF THE CODE OF ORDINANCES RELATING TO VERBAL NOTICE OF UNSAFE PARKING, REFUSAL TO OBEY; DELETING SECTION 98-33 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 98-36 OF THE CODE OF ORDINANCES RELATING TO PARKING IN RESIDENTIAL DISTRICTS; CREATING SECTION 98-38 ENTITLED "PENALTIES FOR VIOLATION OF SECTION 316.1955, FLORIDA STATLr'IZS; HANDICAPPED ACCESSIBILITY 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. (lst Reading 10/22/97, Revised · Legal Ad 11/5,97, Public Hearing 11/19/97) INTRODUCTION OF NEW BUSINESS FROM THE.PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTSfRECOMMENDATION$ OLD l~U~!~li Adopt Resolution No. R-97-68 - Restricting Parking 9n W~t_Side of Indian River Drive (City Manager Transmittal 11/13197o R-97-68 w/modified area descripti0r0 A ~LUTION OF THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FI~RIDA, ESTABLISHING 'NO PARKING' (OR RES'rRI~D PARKING) AREAS PURSUANT TO 0-97-55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. NEW BUSINESS First Reading of Ordinance No. 0-97-60 - Mulching Machines - ;Schedule S~ond Reading and public Hearing for 12/17/97~Director of Community Development Trat~mitta! 11/J ~[9_7. 0-97-60) AN ORDINANCE OF THE CITY OF 8EBA,VHAN, INDIAN RIVER COUNTY, FLORID& AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE RFA3UI~TION OF STATIONARY MULCHING MACHINES; ADDING STATIONARY IVIUI.CHING MACHINES TO CONDITIONAL USES IN THE IN, INDUSTRIAL DISTRICT; ESTABLISHING REQUIREMENTS FOR THE APPROVAL OF A CONDITIONAL USE; PROVIDING DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 4 Bo 97.270 C. 97.271 D. 16. First Readj,,lg p.f OrdJn~ng~ No, 0-27-66 - Riverfront performance Overlay District - Schedule Two Public Hearings for 12/31~7 and 12/17197 (Community Development Director Transmiltal 11/12]97. 0-97-66) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATINO DIVISION VI, PERFORMANCE OVERLAY DISTRICTS,, CREATING THE RIVERFRONT DISTRICT, STATING PURPOSE AND IN'rENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR ADMINISTRATION, PERMrrs, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SION REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance bio. O-97-68 - Vacation of Easement~Pxocedur~s - Schcdul~ Second Reii~ljng ~l p~blj~_H~ging for 12/17/97 (City Clerk Transmittal 11/12/97, 0-97-68) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDING CHAPTER 90, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO EASEMENTS; AMENDING SECTION 90.126 OF THE CODE OF ORDINANCES RELATIVE TO REQUESTS TO VACATE; AMENDINO SECTION 90-127 OF THE CODE OF ORDINANCES RELATIVE TO NOTIFICATION OF PUBLIC UTILITIES, OB/ECTIONS; PROVIDING FOR CODIFICATION; PROVIDINO FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR SEVER.ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion and Direetion to Staff- Extension of Water Mains for Businesses Located West of US 1 and North of Main Street (City Manager Transmittal 11/13/97, Oquist Letter) ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City Counci0 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 MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPONWHICH 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 AT LEdST 48 HOURS iN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Uocomin~t Meetimt~: Regular Meeting - Wednesday, December 3, 1997 ~ 7pm Special Meeting - Wednesday, December 10, 1997 (~ 7pm Regular Meeting - Wednesday, December 17, 1997 (~ 7 pm NOVEMBER 19, 1997 REGULAR CITY COUNCIL ~ARING 97.251 A. S~cond Read~g. $~l~d ~ublic Hcarirlg and Final Adqgtion - Ordinance bio. 0-97-65 - Buil~li~g Moratorium in Riverfront District - (City Manager Transmittal ! 1/!3/97. 0-97-6~) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A OF THE · qEBASTIAN CODE OF ORDINANCES ENITILED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM"; PROVIDINO FOR A BUILDINO PERMIT MORATORIUM FOR THE RIVER.FRONT AREA LOCATED BETWEEN THE FLORIDA EAST COAST RAILROAD AND THE INDIAN RIVER LAGOON WITHIN THE CITY OF SEBASTIAN, FLORIDA FOR A PERIOD OF SIX MONTHS; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (l~t Diaglay Ad 10/28/97, lat Reading aa d 1~ Public Hearing 11/5/97, 2nd Display Ad 11/13/97, 2nd Reading and 2nd Public Heating 11/19/97) Address: ~'~ d /~...C. f ..... ............................... Name: Address: ........ Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Address: 97.112 B. $econd Rc,4gliag Publi~ Hearing and Final Adoption - Ordinance No. O-97-61 a~ Revised - Pafldng/Traffic (Community Development Direct01 Transmittal 1 I/11/97,,Revised O-97-61) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 9g-I OF THE CODE OF ORDINANCES RELATINO TO DEFINITIONS; ADOPTINO THE FLORIDA UNIFORM TRAFHC CONTROL LAW; AMENDINO S~-TION 98-4 OF THE CODE OF ORDINANCES RELATINO TO DRIVINO 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; AMENDINO SECTION 95-7 OF THE CODE OF ORDINANCES RELATING TO ENFORCEMENT; AMENDING SECTION 98-8 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, REFUSAL TO OBEY; DELETING SECTION 98-33 OF THE CODE OF ORDINANCES RELATING TO PARKING ON PUBLIC SCHOOL GROUNDS; DELETING SEC-q~ON 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 9g-36 OF THE CODE OF ORDINANCES RELATING TO PARKING IN RESIDENTIAL DISTRICTS; CREATING SECTION 98.3g ENTITLED "PENALTIES FOR VIOLATION OF SECTION 316.1955, FLORIDA STATUTES; HANDICAPPED ACCESSIBILITY FUND"; AMENDING SECTION 98-52 OF THE CODE OF ORDINANCES RELATING TO DEFINITIONS; AMENDING SECTION 9g-53 OF THE CODE OF ORDINANCES RELATING TO MUNICIPAL NONCRIMINAL TRAFFIC INFRACTIONS; PROVIDING FOR A ~E; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 10/2:2/97, Revised, Legal Ad 11/5/97, Public Hearing 11/19/97) ame.~;~ Address:'-~ Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: N~me: Name: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHF, F~ NOVEMBER 19, 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: 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, NOVEMBER 19,1997 - 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. Thc Pledge of Allegianee was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StalTPresent: City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development, Bob Massarelli Police Chief, Randy White Public Works Director, Pat Breunan City Engineer, Martha Campbell Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley ,~m, Regular City Council Meeting ~ovember 19, 1997 Page Two AGI~ND~ 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) The City Manager suggested moving items 15. C. and D. before item 15. B. and City Council concurred. He then requested the addition of an item relative to funding for plaques for participants of the Santa Sail-In Boat parade (see memo attached). Mayor Barnes requested that it be added under item 6 Proclamations, Announcement and/or Presentations. MOTION by Taracka/Bames I move to add the Santa Sail-in as presentation item 6. 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 Mayor Barnes welcomed Cub Scouts from Den 589 Pack 7 who were in attendance to earn badges. Wally Kramer, Micco, requested that the City fund plaques for participants of the Santa Sail-In boat parade. Ray Coniglio, 941 Carnation Drive, Sebastian, Chamber of Commerce, said the Chamber intends to provide plaques for winners of all three judged events: Winter Wonderland/Santa Sail-In/Light Up Night. Mayor Barnes said he would be happy to be present for the plaque presentations to represent the City. 2 Regular City Council Meeting ovember 19, 1997 Page Three 7. ITEMS ~ARRIED OVER FROM NOVEMBER $. 1997 REGULAR MEETING 97.112 D. First Reading of Ordinance No. 0-97-62 - Plgkillg Recreational Vehicles - Schedule Second Readirtg and Public Heating for 12/17/97 (Communil~' Development Director Transmittal 10/30/97, 0-97-62 as Submitted in 11/5/97 Packet. NEW Director of Communig, Development Transmittal 11/11/97, Revised O-97-62~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-5.16, 20A- 5.16.1, AND 20A-6.1.14 OF THE LAND DEVELOPMENT CODE REGARDING THE DEFINITION OF A BOAT, THE PARKING AND STORAGE OF RECREATIONAL VEHICLES, THE PARKING AND STORAGE OF COMMERCIAL TRAILERS AND BOATS, TEMPORARY TRAILERS, THE PARKING OF LARGE TRUCKS AND HEAVY EQUIPMENT AND HOME OCCUPATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion took place on the need to restrict Recreational Vehicle parking and the Mayor noted a typo on page 22 "an" and page 27 "exceeding"; it was noted that other occurrences of"improved" needed to be deleted. Mr. Taracka said he would provide copies of letters he received to Mrs. Cartwright. Louise Kautenberg, 973 Oswego Avenue, Sebastian, objected to the ordinance. Tut Connelly, 149 Kildare Drive, read a letter from Betsy Field objecting to the ordinance. MOTION by Taracka/Sullivan I move to approve the fa'st reading of Ordinance 0-97-62 and schedule second reading and public heating for December 17, 1997 as amended. ROLL CALL: Mrs. Cartwfight - nay Mr. Paul - nay Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) 97.012 E. Correction Agreement ~j[§ Corn~rstQ~l? Select Homes Re: Abandonment of Streets in a Portion of ldRJ~ [7 (Community Development Director Transmittal 10/30/97, Correction/kgxecm_.~llt, I~O~al;jon The City Manager explained the conditions of the original agreement and need to correct it. TAPE I - SIDE II (7:45 p.m.) Regular City Council Meeting November 19, 1997 Four 97.138 G. He suggested, in light of traffic concerns on Day Drive, that Council consider retaining its easement on Empress for now; however, noted he had not yet discussed this with Cornerstone Homes. The City Attorney said the City is legally bound by its original agreement, and, unless Cornerstone agreed to the change, must abide by it. Bill Adair, Cornerstone Homes, Inc., said he was not willing to amend the agreement since it already has plans for that site. MOTION by Taracka/Cartwright I move to approve the Correction Agreement with Cornerstone Select Homes, Inc. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Discuss_Tennis Professional at Schumann Park and Provide Direction to City Manager (City Manager Transmittal 10/30/97) It was the consensus of City Council to authorize the City Manager to put a request for proposal together for a tennis professional. Barber Street Sports Complex North Dl'oinage Improvements - Chang~ Order~ for Fischer & 5Qns in ~ Am9~ ~f $~t52 ~d Craven Thomson ~ ~e Amo~t of $7,750 - ~propfia~ Ad~tional $24.828.19 from BSSC F~tball Field L~ti~ ~d H~dee P~k ~s~ms ~EW CiW M~er ~I~B~] ! 1/1)J97~ ~b~ ~9r~ Di~tor Tr~s~al 10/29/97. ~C ~ain~e I~r~v~ents Buret Ana~sis) John Hill displayed the site design on an overhead, and explained the need for the change orders. Larry Driver, 1593 Pleasantview Lane, Sebastian, inquired about the slope on the third base line on field four. Mr. Hill explained its reason for being there and said once grassed, there will be less of a slope. Louise Kautenberg, 973 Oswego Avenue, Sebastian, asked Council not to forget other parks in the City that are not being maintained. 4 City Council Meeting November 19, 1997 Page Five Discussion took place on erecting fences around the drainage ponds. MOTION by Taracka/Barnes I move to authorize a transfer from BSSC Football Field Lighting budget in the amount of $12,9.12.61 and from Hardee Park Restrooms in the amount of $25,064.50 and to approve the change orders to H. Fischer for $6,150.92 and to Craven Thompson Associates for $7,750. ROLL CALL: Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan MOTION CARRIED 5-0 - aye - aye - aye - aye - aye Mayor Barnes called recess at 8:28 p.m. and reeonvened the meeting at 8:45 p.m. All members were present. CITY COUlq_.(~II, MATTERS A. Mrg. R~th ~;ulljv~ Mrs. Sullivan requested Council consideration of an ordinance prohibiting gambling boats; and prohibiting water taxis. Mayor Barnes said these could be addressed at a future meeting. B. Mayor Walter Bame~ Mayor Barnes said, despite opinions expressed recently, Council is working very hard on the Riverfront; TAPE II - SIDE I (8:48 p.m.) announced that Friends of the Library is looking for library volunteers; and requested a workshop in January on Code Enforcement procedures, to which the Director of Community Development said he would come back at the next meeting with a proposed schedule for hearings to be scheduled on the first and third Wednesdays. C. Vi~e Ma,vor Riclltgd Vice Mayor Taracka said he had been informed of grants available for cultural facilities through the Hazlett Corporation, and was looking for people who might like to pursue them for the City. 5 l?gular City Council Meeting ovember 19, 1997 Page Six D. Mrs. Louise Cartwright Mrs. Cartwright suggested that the City present a plaque to the Chamber for its efforts in the holiday events; inquired when median work on US 1 adjacent to Park Place would begin, to which the City Manager responded that work should begin in January; asked that a grass triangle on Laconia be marked with reflectors, to which the City Manager responded he would contact Lennar; and wished everyone a Happy Thanksgiving. E. Mr. Larry Paul Mr. Paul asked about airport signs and the City Manager responded that the sign shop is making them; asked about the City accepting the streets in Point-O-Woods, to which the City Engineer responded that she will review the files again and the City Manager will bring a report to Council at the fa'st meeting in January; asked about the status of the Oyster Bay/Point water assessment problem. This developed into a lengthy discussion with input from the City Manager and City Attorney responding to Council concerns relative to re-opening the assessment and whether there were Council conflicts of interest. Mrs. Cartwright requested that the City Manager obtain survey costs. Max Abrams, Oyster Point/Bay, said he wanted a definite answer from Council as to the status of his request. Discussion followed as to conflict again and Mrs. Cartwright asked for copies of Commission on Ethics letters stating there is no conflict for Mayor Barnes and Mrs. Sullivan. Mayor Barnes said any action on this matter should be delayed until he obtains his letter. Mr. Paul continued, stating Council must be open to growth in the City; and said Sebastian River High School Principal Fran Adams had extended an invitation for Council to tour the facility. 8. CITY ATTORNEY MATTERS The City Attorney said she was working on the shared parking ordinance, and suggested a workshop; however, it was decided to put it on the December 3, 1997 regular meeting agenda. TAPE II - SIDE II (9:34 p.m.) She went on to report on a suit filed naming the City in a property dispute regarding a unity of title. 6 Regular City Council Meeting  l~q~ ovember 19, 1997 Page Seven 97.263 97.264 97.265 97.266 97.267 97.268 10. CITY MANAGER MATTER~ A. Re~ort on Culwrt Pipe Installation on Louisiana Avenue (Verbal Re, por0 The City Manager reported on the installation of a culvert pipe by the City during installation of water mains on Louisiana Avenue at a cost of less than $5000 utilizing the same contractor; discussed the need to work with Indian River County on the problem with clogged baffle boxes on CR 512; discussed an ongoing drainage problem in the area between Barber and Roseland and the need to redirect this outfall; and said there were two unanticipated pipe failures on Chesser and Columbus that must be addressed immediately. 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 - 11/5/97 Regular Approve Purchase of Replacement Emergency Generator for City Garage from Cummins Southeastern Power, Inc. in an Amount Not to Exceed $9,692 (Public Works Transmittal 10/31/97) Approve Purchase of Replacement Vehicle for Community Development/Code Enforcement - 1998 Ford F-150 Pickup Truck - Piggyback Florida Sheriffs Association Bid Award - Don Reid Ford, Maitland - $13,889 (CitY Manager/Asst. to City Manager Transmittal 10/30/97, Dealer Proposal) Approve Purchase of Seven Replacement Police Department Vehicles - Florida Sheriff's Association/FCA Statewide Bid Contract - Two Ford Taurus from Don Reid Ford, Maitland for Total of $29,500 - Two Chevrolet Lumina from Garber Chewolet, Green Cove Springs for Total of $37,980. Three Chevrolet Malibu from Gateway Chevrolet, Lake City for a Total of $47,247.24 - Grand Total of $114,777.24 (Police Department Transmittal 10/24/97, Dealer Quotes) Approve Purchase of Vehicle for Public Works - Two Ford F-150 1/2 Ton Pickup Trucks w/Cargo Boxes - Piggyback Florida SheriWs Association Bid Award from Don Reid Ford, Maitland in the Amount of $14,179 Each - Total $28,358 (Public Works Transmittal 11/13/97, FSA Documents) Fo Adopt Resolution No. R-97-80. Tree Advisory Board Recommended Native Tree Shortlist (Director of Community Development Transmittal 11/11/97, R-97-80) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TREE ADVISORY BOARD'S RECOMMF2qDED NATIVE TREE LIST; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDINO FOR AN EFFECTIVE DATE. 7 _Regular City Council Meeting ovember 19, 1997 Page Eight 97.248 G. Adopt Resolution No. R-97-81 - Citrus Utilities Revised Settlement Agreement - Authorize Mayor to Execute (City Manager Transmittal 11/13/97, R-97-81) A ~LUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A SETrLEMENT AGREEMENT WITH CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, AND INDIAN RIVER COUNTY TO RESOLVE ALL CLAIMS, KNOWN AND UNKNOWN, ARISING OUT OF A UTILITY AGREEMENT RELATING TO A WA'IT:,R AND WASTE WATER TREATMENT FACILITY LOCATED IN THE CITY OF SEBASTIAN, INCLUDING A $urr FILED BY CITRUS ~ INC.; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-97-80 and R-97-81 by title. Mayor Barnes removed items A, B, C, D, and E; and Mrs. Cartwright and Mrs. Sullivan removed item G. MOTION by Taracka/Paul I move to approve item F of the consent agenda. ROLL CALL: Mr. Taracka Mrs. Cartwfight Mr. Paul Mrs. Sullivan Mr. Barnes MOTION CARRIED 5-0 - aye - aye - aye - aye - aye Agpro~al of M~utes - 11/5/97 Mayor Barnes noted a word missing on page 10 of the minutes Introduction of New Business from the Public, last line, before "business". (Added "look to") MOTION by Bames/Taracka I'll make a motion to accept item A, ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 ~a:gular City Council Meeting November 19, 1997 Page Nine 97.264 B. Agprove Purchase of Re, placement Emergen~ Generator for Cily Garage from Cummins Southeastern Power, Inc. in an Amount Not to Exceed $9,692 (Public Works Transmittal 10/31/97) Mayor Barnes asked if there was a warranty; the Public Works Director said there was at least one year; and the City Manager said if there was not at least one year, he would bring it back to Council. MOTION by Bames/Taracka I'll make a motion to accept item B. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka. - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97.265 C. Approve Purchase of Replacement Vehicle for Community Development/Code Enforcement - 1998 Ford F-150 Pickup Truck - Piggyback Florida Sheriffs Association Bid Award - Don Reid Ford. Maitland - $13,889 (City Manager/Asst. to City Manager Transmittal 10f30/97, De~l~r Propo~D Discussion took place on the need for this large a truck and it was decided the item would be deferred and the City Manager would review it further. (See motion next page) 97.266 D. ApprovcPurchasc of Seven Replacement Police Department Vehicles - Florida SheriWs Association/FCA Statewide Bid Contract - Two Ford Taurus from Don Reid Ford, Maitland for Total of $29,500 - Two Chevrolet Lumina from ~3arber ChcvrQleL C, rccn Cove Spring~ for Total of $37,980 - Three Chevrolet Malibu fi.om (3atew~ Chcvrole[. Lake City£or a Total of $47.247.24 - Orand Total of $1 I4~75 (Police Department Transmittal 10/24/97, Dealer Quotes) The Chief responded to Mayor Barnes' inquiry about the need for cruise control, stating these vehicles are used administratively for long distance travel. MOTION by Bames/Taracka. I'll make a motion to approve item D. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 9 _Re~ar City Council Meeting ovember 19, 1997 Page Ten Mrs. Cartwright, at this time, asked Mayor Barnes to return to item C and call for a motion to defer. MOTION by Bames/Cartwright I'll make a motion to defer item C to the next meeting. ROLL CALL: Mrs. Sullivan - aye Mr. Banes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 Mr. Paul suggested looking into using recycled Police vehicles. 97.267 Appro¥~ purch~c of Ydli~!c for PubU~ Wor~ - Two Ford F-150 1/2 Ton Pickup Trucks w/Cargo Box~ - Piggyback Florida Sheriff's A~ociation Bid Award from Don Reid Ford, Maitland in the Amount of $14,179 Each - Total $28,358 (Public Works Transmittal 11/13/97, FSA Documents) The Public Works Director said 8' beds have been added, thus the price difference. MOTION by Barnes/Taracka I'll make a motion to approve item E. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 97.248 Adopt Resolution No. R-97-81 - Citrus Utilities Revised Settlement Agreement - Authorize Mayor to Execute (City Manager Transmittal 11/13/97. K-97-813 A RESO~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, AND INDIAN RIVER COUNTY TO RESOLVE ALL CLAIMS, KNOWN AND UNKNOWN, ARiSINO OUT OF A LrIILiTY AOREEMENT RELATING TO A WATER AND WASTE WATER TREATMENT FACILITY L~CATED IN THE CiTY OF SEBASTIAN, INCLUDING A SUrF FILED BY CITRUS UTILITIES, INC.; PROVIDINO FOR CONFLICT; PROVIDINO FOR SEVEILABIL1TY; AND PROVIDINO FOR AN EFFECTIVE DATE. Mrs. Sullivan noted there is no cost to the City in this settlement. Mrs. Cartwfight asked if the City had any recourse for recovering costs due to this error. The City Attorney said she would review the files and report back at the next regular meeting. 10 ..?gular City Council Meeting ovember 19, 1997 Page Eleven 97.251 11. MOTION by SullivarVCartwright I would move to adopt Resolution R-97-81 and authorize the Mayor to execute. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 540 PUBLIC HEARINGS Procedures for public hearings: (R-97-21) o Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit of 10 Minutes Per Speaker · StaffSummation · Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Second Reading, Sevond public Hearing and Final Adol~tion - Or,in,ce No. 0-97-65 - Building Mgr~torium in Riveffront District - (City Ma~0g~r Transmittal 11/13/97, 0-97-65) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUIldING PERMIT MORATORIUM"; PROVIDING FOR A BUILDING PERMIT MORATORIUM FOR THE RIVERFRONT AREA lOCATED BETWEEN THE FLORIDA EAST COAST RAILROAD AND THE INDIAN RIVER LAGOON WITHIN THE CITY OF SEBASTIAN, FLORIDA FOR A PERIOD OF SIX MONTHS; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (l~t Display Ad 10/28/97. 1st Reading an d l~t Public Heating 11/5/97, 2nd Display Ad 11/13/97, 2nd Reading and 2nd Publio Heating 11/19/97) Mayor Barnes opened the public hearing at 10:00 p.m. and the City Attorney read Ordinance No. 0-97-65 by title. The City Attorney noted amendments to the legal description in the body of the ordinance, the revised page having been distributed at the beginning of the meeting. She distributed a copy of FS 380.04, the definition of development. The Director of Community Development recommended the effective date be 11/22/97. Discussion took place on the length of time needed for the moratorium. Dan Preuss, 936 U.S. 1, Sebastian, objected to the moratorium. 11 ORegular City Council Meeting November 19, 1997 Page Twelve TAPE iii - SIDE I (10:20 p.m.) Nancy Offutt, Government Affairs Coordinator, Realtors Association of Indian River County, objected to the ordinance. Art Firtion, 750 South Fischer Circle, Sebastian, objected to the ordinance. MOTION by Sullivan/Taracka I would move to extend one half hour. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5.0 Mr. Firtion continued. City Council discussion followed. The City Attorney said she did not foresee any problems with the City setting this short term moratorium. The Director of Community Development requested that the blank Section in the ordinance be 20A-3.17. Mayor Barnes closed the public hearing at 10:35 p.m. MOTION by Sullivan/Barnes I move to adopt Ordinance 97-65 to take effect on the 22nd of November as amended. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay MOTION CARRIED 3-2 (Cartwright, Paul - nay) 12 ORegular City Meeting Council November 19, 1997 Page Thirteen 97.112 B. $~cond Reading, Public Hearing and Final Adoption - Ordinance No. O-97-61 as Revised - Parking/Traffic (Community Development l)ire~tor Trs3ll~ll~ittat 11/l 1/97. t~yi~e,4 0-97-61~) AN ORDINANCE OF THE CITY OF SEBA,.qTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-1 OF THE CODE OF ORDINANCES RELATING TO DEFINITIONS; ADOPTING THE FLORIDA UNIFORM TRAFFIC CONTROL LAW; AMENDING SECTION 984 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 98-8 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, REFUSAL TO OBEY; DELETING SECTION 98-33 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 9S-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 STATUTF3; HANDICAPPED ACCESSiBILITY FUND"; AMENDING SECTION 9S-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. (lst Reading 10/:22/97, Revised L~gal Ad i 1/5/97, Public Heating 11/19/97) The City Attorney read Ordinance No. O-97-61 by title and Mayor Barnes opened the public hearing at 10:45 p.m. Mayor Barnes suggested a measure to prevent people from parking road tractors, and following some discussion, it was decided to add "road tractor as defined in 20A-5.16.1" to line 6 of page 6 of the ordinance. Mr. Taracka noted that the reference to "48" hours had been changed to "24" previously. City Council concurred with both corrections. Time ran out and Mayor Barnes adjourned the meeting at 11:00 p.m. This public hearing will be continued to December 3, 1997. The following agenda items were not addressed and will also be carried to the December 3, 1997 meeting: 13 ?~ar City Council Meeting ovember 19, 1997 Page Fourteen 12. iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required- limit often minutes for each speaker 13. COMMITTEE REPORTS/RECOMMENDATIONS 14. OLD BUSINESS 97.235 Adopt Resolution No~ R-97-68 -l~strictiag Parking on West Side of Indian River Drive (City ManagcrTransmittal 11/13/97, R-97-68 w/modified area dcscriptio~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHINO 'NO PARKING' (OR RESTRICTED PARKING) AREAS PURSUANT TO 0.97.55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 15. NEW BUJlNESS 97.195 First Reading of Ordinance No. 0-97-60 - Mulching Machines - Schedule Second Reading and Public Hearing for 12/17/97 (Director of Community Development Transmittal 11/11/97, 0-97-60) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE RE(RJI~T1ON OF STATIONARY MULCHING MACHINES; ADDING STATIONARY MULCHING MACHINE5 TO CONDITIONAL USES IN THE IN, INDUSTRIAL DISTRICT; ESTABLISHING REQUIREMENTS FOR THE APPROVAL OF A CONDITIONAL USE; PROVIDING DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 97.270 [?irst Reading of Ordinance No. O-97-68 - Vacation of Easement Proggdures - Schedule Second Reading and Public Hearing for 12/17/97 (City Clerk Transmittal 11/12/97, 0-97-68) AN ORDINANCE OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 90, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO EASEMENTS; AMENDING SECTION 90-126 OF THE CODE OF ORDINANCES RELATIVE TO REQUESTS TO VACATE; AMENDING SECTION 90-127 OF THE CODE OF ORDINANCES RELATIVE TO NOTIFICATION OF PUBLIC UTILITIES, OBJECTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.271 D_i u$,jon_aad Dir~tion t9 Staff- 13nl~r~$i0n of Water Mains for Businesses Located West of US l and North of Main Street (City Manager Transmittal 11/13/97, Oquist Letter) 97.269 First Reading of Ordinance l'qo~ O-97-66 - Riverfront Performance Overlay District - Schedule Two public H~oJhlg~ for 1213.197 and 12!!Y/~7 (C0nl~unity Development Director Transmittal 1 I/12/97. 0-97-66) AN ORDINANCE OF THE CITY OF SEBA~, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING DIVISION VI, PERFORMANCE OVERLAY DISTRICTS,, CREATING THE RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 14 til~.Regular City Council Meeting ~November 19, 1997 Page Fifteen Approved at the ~ ,1997, Regular City Council Meeting. City Clerk Walter W. Barnes Mayor 15