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HomeMy WebLinkAbout12031997 City of Sebastian 122~; MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 g FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, DECEMBER 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 MAINSTREET, SEBASTIAN, FLORIDA Individuals shall address the CiO~ Council with respect to agenda items immediate~ prior to deliberation of the item by the Ci~ Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 4. RQLI~ CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION~ Items not on the written agenda may be added only upon majority vote of City Council members 6. pROCLAMATIONS, ANNOUNCEMENTS AND/OR PRF~]~NTATIONS 97.272 A. Presentation of Certificate - Employee of the Quarter - Third Quarter 1997 7. ITEMS DEFERRED FROM 1 U19/97 I~AR ME]~TIi~IG 97.112 97.235 97.195 97.270 97.271 CONTINUATION OF PUBLIC HEARING Second Reading, Public Hearing andfinal Adoption- Ordinance No. O-97-61 as Revised - Parkina/T. ra.rfi (Community Development Director Transmittal 11/11/97, Revised 0-97-61) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 9g-I 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 98-5 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 9g-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 9g-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 STATUTES; HANDICAPPED ACCESSIBII2['YY FLrND"; 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 CONFLIC'Eg; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/2,2/97, Revised Legal Ad 11/5/97, Public Heating 11/19,97, Deferr~ ~ 12/3/97, Readv~tised Cootinuanc~ 11/22/97) OLD BUSINESS AdoptP~csolution No. K-97-68 - Restricting Parking on West Side of Indian River Drive (City M~ag~r Transmittal 11/13/97. R-97-68 w/m..o~jfied area description) A RESOLI_~ON OF THE CITY COUNCIL OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING '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. NEW BUSINESS First l~ading of Or~li~l~ No, 0-~7-60 - Mul~hiag Nl~chin~- $ch~lol¢ Second Rcadiag and public Heating for 12/17/97 (Director of Community Development~T~ransmittal 11/11/97, Q-97-60) AN ORDINANCE OF THE CITY OF SEBAffrlAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE ~TION OF STATIONARY MUL~CHING MACHINES; ADDING STATIONARY MULCHING MACHINF~ 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. First Reading of Ordinance No. 0-97-68 - Vocation of E0semerll Procedures - Schedule Second Rvading and Public Heating 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; AMENDING SECTION 90-1'27 OF THE CODE OF ORDINANCES RELATIVE TO NOTIHCATION 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, Co Discussion and Direction 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) 97.269 97.269 97.196 97.124 97.248 First Readiag of Ordin~ No, 0-97-(;6 - Riverfront Performance Overlay District - Public Heariag~ Scheduled for 12/3/97 and 12/17/97 (Commtmity D~yg;!0pment Director Transmittal 11/12/97, O-97-66} AN ORDINANCE OF THE CITY OF SEBASTIAN, 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, PROCEDURF, S, WAIVER3, 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. I~UBLICHEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing Attorney Reads Ordinance or Resolution ° StaffPresentation Public Input - Limit oliO 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 AG First public Hearing on Ordinance No. 0-97-66 - Riverfront Performance Overlay District - $c~du!~ S~cond Public Heariag 12/17/97 (Communily I~velogment Director Transmitl~tl 11/25/97. O-97-66 - ~ee pI'~¥jou~ it~ro) AN ORDINANCE OF'I'HE crrY OF SEBASTIAN, 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, PROCEDUP..~;, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING RIVERFRONT DISTRICT ARCHITECTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SION REOUId~,TIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ~LUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (l~t R~.ding 12/3/97, Adv~rti~d Diaplay 11/25D7, 2nd PH Svh~dul~d f~ 12/17/97) Second Readi{lg. Pltblig. tto~ lind Final Adol~fion of Ordinance No. O-97-59 - Deletion of Special [3xceptions- (Director of Community Develqpment Transmitllll l 1/25/97. 0-97-59) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE DELETING THE SPECIAL EXCEPTION PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLIYYION OF CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 11/5/97, Advertised L~gal 11/19/97, PH and Adoption 12/3/97) Public Hearing on City Request to l~g~o~ent of Community Affairs for Six Month Extension of Commuaity Development BIgck Ori0g (~O¢str~¢tion Schedule (Director of Community Development Iransmittal 1.125/97) CITY ATTORNEY MATTERS A. Verbal Report on Citrus Utilities Matter 97.201 97.265 97.090 97.273 10. 11. 12. 13. 14. 15. CITY MANAGISR MATTERS CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/12/97 Workshop, 11/19/97 Regular INTRODUCTION OF NEW BUSINESS FROM THI~.PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS A. Recreational Advisory Committee Interview and Appoint Members to Appropriate Positions for Three Year Terms in Accordance with Resolution R-97-72 2. 3. 4. 5. 6. 7. 8. 9. 10. Sebastian River Area Little League, Inc. - Randall Snyder Sebastian Panthers, Inc. - Maura Raborn Sebastian Soccer Association, Inc. - Cory Richter Sebastian Old Boys - Clifford Moss Friendly Tennis Group - Virginia Nichols Sebastian River Art Club - No Designee Yet Named Crat~ Club of Sebastian - No Designee Yet Named Indian River County Parks and Recreation Board - Nancy Diamond Citizen-at-Large (3 Applicants) Two Alternate Members OLD BUSINESS 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 - Deferred for City Manager Report (Verbal) - (City Manager/Asst. to City ,Manager Transmittal 10/30/97, Dealer Proposal) l~W I1USINESS Emergency Culvert Pipe Replacement on Chesser Avenue - Approve C.R. McClellan Change Order # 19 to Increase Purchase Order 1829 by $8,883 (Public Works Director Transmittal 11/24/97, Cost Breakdown) B. Discussion Re: Gambling Boats and Water Taxis (Requested by Councilmember Sullivan) 4 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 17. 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 ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS il4EETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS A4EETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT $89-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. U~coming Special Meeting - Wednesday, December 10, 1997 ~ 7pm Regular Meeting - Wednesday, December 17, 1997 ~ 7pm DECEMBER 3, 1997 REGULAR CITY COUI~CU~ PUBLIC HEARING 97.269 A. First Public Hearing 0B Ordinance No. O-~q7-66 - Riverfront Performance Overlay_ District S~hed~le ,Second Publh: Hearing 12/17/97 AN ORDINANCE OF THE CITY OF SEBASTIAN, 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. (1 st Reading 12/3/97, Advertised Display 11/25/97, 2nd PH S~heduled for 12/17/97) ............... Ld:~.~ .............................. ........... ~ ................ ~.~... N~c: A~ess: N~c: Ad&ess: N~e: Ad.ess: Ad~s: N~e: Ad.ess: ...~.~ ....................................... N~: Ad&~ss: N~e: Ad.ess: Ad.ess: N~e: Ad.ess: Ad.ess: N~e: Ad&ess: 97.196 B. Second Reading. Public Hearing and Final ,Adoption of Ordinance No. 0-97-$9 - Deletion of Special Exceptions AN ORDINANCE OF THE CITY OF SEBASTIAN, Name: Address: Name: Address: INDIAN RIVER COUNTY, FLORIDA, AMENDING ...................................................... THE LAND DEVELOPMENT CODE DELETING THE Name: SPECIAL EXCEPTION PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ( 1 st Reading 11/5/97, Advertised Legal 11 / 19/97, PH and Adoption 12/3/97) Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Address: ~..~ ........................................ Name: Address: 2 97.124 C. l~ublic I~lrillg o~ City Request to ])¢gartment of (~9mn~unity Affairs for Six Month ]~xtensi011 of Community Develol~ment Block Grant Construction Schedule Name: Address: Name: Address: Name: Address: Name: Address: Address: Name: Address: Name: Address: Name: Address: Address: Name: Address: Name: Address: Name: Address: INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET DECEMBER 3, 1997 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTiON OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA . t. l147T OF l O MlNUTES PER SPEAKER Subject: ¢-~;~./~o--~-~ ~--w-, ' ~,~ -,~/?~ Address:" t~ Subject: ~-~..e.~~,,~ .... -~.~ /] / ,~o~oc~-,57d~90 Name: Address: Subject: Name: Address: Subject: Name ~ Address: Subject: Name ~ Address~ Subject: Name~ Address: Subject: Nam e: 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, DECEMBER 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. Them was a moment of silence. ROLL CALL ~ity Coullcil Present: Mayor Walter Barnes Mrs. Louise Cartwfight Mr. Larry Paul Mrs. Ruth Sullivan City Council Abscnl: Vice Mayor Richard Taracka (excused) StaffPmscnt: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Public Works Director, Pat Brennan Chief of Police, Randy White Deputy City Clerk, Sally Maio Rcgular City Council Meeting Deccmb~ 3, 1997 Page Two 97.201 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) Mayor Barnes recommended the Recreation Committee appointments be moved to item 7A and Council concurred. PROCLAMATIONS. ANNOUNCEME1yI'$ AND/OR PRESENTATIONIi Presentation of certificate to the Employee of thc Quarter was deferred for the employee's arrival. ITEMS DE[ERReD FROM 11/19/97 REGULAR MEETING A. ge~r~Rtioaol Advisory Committee Interview and Appoint Members to Appropriate Positions for Three Year Terms in Accordance with Resolution R-97-72 2. 3. 4. 5. 6. 7. 8. 9. 10. Sebastian River Area Little League, Inc. - Randall Snyder Sebastian Panthers, Inc. - Maura Raborn Sebastian Soccer Association, Inc. - Cory Richter Sebastian Old Boys - Clifford Moss Friendly Tennis Group - Virginia Nichols Sebastian River Art Club - Marjorie Schaub Craft Club of Sebastian - Robert Bates Indian River County Parks and Recreation Board - Nancy Diamond Citizen-at-Large (3 Applicants) Two Alternate Members Mayor Barnes suggested dispensing with interviews for the designees and conduct interviews for the citizen-at-large and alternate positions. Mrs. Sullivan asked if Kay Rogers could be considered for the at-large position and Mayor Barnes said she was welcome to fill out an application. City Council interviewed David Nisbctt and Larry Driver. Carol McConncll had not yet arrived. The City Attorney said the Recreation Board is established by resolution and not ordinance, therefore, in this case Mr. Driver can serve on this and another board. She suggested, however, that the Recreation Board should have been established by ordinance, and she would like to see that done. 2 oRegular City Council Meeting December 3, 1997 Page Three Discussion took place on whether terms should be three years or staggered. It was decided that the citizen-at-large would be three years, and the alternates one and two years. MOTION by Cartwright/Paul I move to appoint Carol McConncll for the three year term citizen-at-large. ROLL CALL: Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 4.0 Mayor Barnes called for a nomination on the two year alternate position. MOTION by SullivardBames I'd like to nominate Larry Driver. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent MOTION CARRIED 4-0 MOTION by Cartwright/Sullivan I move to appoint David Nisbet to the one year alternate position. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwfight - aye MOTION CARRIED 4-0 MOTION by Paul/Sullivan I would like to make a motion to appoint fi.om thc Sebastian River Area Little League, Inc., Randall Snyder; Sebastian Panthers, Inc.; Mama Rabom; Sebastian Soccer Association, Inc., Cory Richter; Sebastian Old Boys, Clifford Moss; Friendly Tennis Group, Virginia Nichols; Sebastian River Art Club, Marjoric Schaub; Craft Club of Sebastian, Robert Bates; and also Indian River County Parks and Recreation Board, Nancy Diamond. 3 oRegular City Council Meeting December 3, 1997 Page Four ROLL CALL: Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwdght Mr. Paul - aye - aye - absent - aye - aye MOTION CARRIED 4-0 CONTINUATION OF PUBLIC HEARING 97.112 Second Reading. P~bJi~ Hearing and Final Adoption - Ordinance No. O-97-61 as Revised - Porking/Traffic (Community Development Director Transmittal ! 1/11/97, R~vised 0-97~61) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-1 OF THE CODE OF ORDINANCES RELATING TO DEFINmONS; 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 98.5 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 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 8TATIYITS; HANDICAPPED ACCESSIBIiATY 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 EFFFXYFIVE DATE. (l~t Reading 10/22/97, Revi~ed Legal Ad 11/5D7, Public Hearing 11/19D7, Defcnv~l to 12/3/97, lt~dvertia~d Continua~e 11/22/97) Mayor Barnes announced the continuation of the hearing from November 19, 1997. Mrs. Cartwright questioned the difference between no parking and parking prohibited, and as a result, changes were made as follows: Pg. 8 line 22/23 change amount to $10 and delete everything at, er; and Pg 9 line 11/12 change amount to $25 and delete eveoa~fing after. Mayor Barnes closed the public hearing at 7:28 p.m. MOTION by Cartwright/Sullivan I move to adopt Ordinance 97-61 as amended. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent MOTION CARRIED 4-0 Regular City Council Meeting December 3, 1997 Page Five Mayor Barnes, at this time, presented a certificate and savings bond to Gloria Brown, honoring her as Employee of the Third Quafl~ for 1997. OLp 9USINESS 97.235 A. Adopt Resolution No. R-97-68 - Restricting parking on West Side of Indian River Drive (City Manager Tr~igill l 1/l ~/97, R-97-68 w/modified area descripfio~ A RESOIXITION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHINO 'NO PARKINO' (OR RB.ql~CTED PARKING) AREAS PURSUANT TO 0-97-55; PROVIDINO FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDINO FOR SEVERABILITY; PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-68 by rifle. The City Manager noted this item had been previously presented with three other resolutions prohibiting parking in the Indian River Drive district and deferred for further review; described the subject area where people were choosing to park in right-of-way; and said he had been contacted by property owners and requested to make a more in-depth study. Warren Dill, representing Captain Hirams and Hurricane Harbor, distributed documentation (see attached) stating his clients' contention that selective implementation of no parking zones for only certain businesses is unfair and had no jusrification. He cited FS 112.312(2) in regard to his opinion that Mrs. Sullivan had a conflict on this vote; and suggested an advisory committee be formed to look at parking in the area. Tom Collins, Captain Hirams, asked why vehicles parked in front of his business are any more dangerous than vehicles parked in front of other businesses. TAPE I - SIDE II (7:45 p.m.) Mr. Collins continued, questioning the selective prohibition and suggesting a uniform solution. The City Manager said he felt there was a safety issue in this general subject area. Jack Eroehman, Hurricane Harbor, objected to the prohibition. Mrs. Cartwright agreed that this revision is selective and would like the prohibition to cover all of the west side of Indian River Drive; and the City Manager said again he believed there is an identifiable problem in the subject area. The City Attorney said the parking prohibition ordinance's intent is to give the City Manager the fight to prohibit parking in problem areas and said there could be liability for the City if there was obstruction in the fight-of-way. Mr. Paul asked the Chief if there have been accidents in this area, and the Chief said nothing stands out but he was not prepared to answer tonight. He suggested encouraging the two business owners to discourage their customers from parking in the right-of-way while the area is studied. 5 ,Regular City Council Meeting December 3, 1997 Page Six The City Manager offered three alternatives. The City Attorney, in response to Mr. Paul's question relative to a perceived conflict for Mrs. Sullivan, said she cannot advise City Council members individually since she works for City Council as a whole, and that this was an issue between the Councilmember and the Commission on Ethics. She advised that if anyone questioned whether a conflict existed, they should contact the Commission. Mayor Barnes said thc City has a right to address safety issues and prohibit parking in rights-of-way. Mrs. Cartwright suggested amending Section I of the resolution to add "on the west side of Indian River Drive with the exclusion of the property occupied by Taste of Philly", and remove the attachment. The City Attorney said City Council could do this if based on public health, safety and welfare issues and the exclusion is based on uncertainty of the location of the right-of-way line at Taste of Philly. The City Manager requested direction to bring the Taste of Philly report back within 60 days, and said he will also report on east side parking. MOTION by CartwrightJPaul I move to approve Resolution 97-68 as amended. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwfight - aye MOTION CARRIED 3-1 (Sullivan - nay) Mayor Barnes called recess at 8:28 p.m. and reconvened the meeting at 8:40 p.m. NEW BUSINESS 97.195 First Readiug of Ordinance No. O-97-60 - Mulchirlg Milclli~$ - ~¢h~du!~ ~;¢,ond Reading and PtJblic Hearing for 12/17J97 (,Director of Community Development Tragsmittal 11/11/97. O-97-60) AN ORDINANCE OF THE CITY OF SEBA$TIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE RF_GULATION OF STATIONARY MULCHING MACHINES; ADDINO STATIONARY MULCHING MACHINE~ TO CONDmONAL USES IN THE IN, INDUSTRIAL DiSTRiCT; ESTABLISHINO REQUIREMENTS FOR THE APPROVAL OF A CONDmONAL USE; PROVIDiNO DEFINITIONS; PROVIDINO FOR CODIFICATION; PROVIDINO FOR SEVER. ABILITY; PROVIDINO FOR RESOLUTION OF CONFLICTS; PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-60 by title. 6 ORegular City Council Meeting December 3, 1997 Page Seven The Director of Community Development said Planning and Zoning have recommended a new section allowing mulching machines on tracts of ten acres or more in any zoning district, that have received site plan approval, by a special use permit. Mrs. Cartwright suggested using Planning and Zoning's recommendation but changing it to five acres; that it be a conditional use and not a special use; questioned the prohibition of access from residential streets; TAPE II - SIDE I (8:47 p.m.) and whether the Code allows construction on Sunday. It was determined it is not allowed on Sunday. Mrs. Sullivan said she had requested this ordinance when a piece of metal went through the roof of a business bom a distance of approximately 900 to 1000 feet and that this language was insufficient to protect the public. She said it was her intent that commercial mulcbers remain stationary in one location and not be moved. She suggested "A stationary commercial mulching machine is to be located on a permanent site with debris trucked to the machine on a minimum of 10 acres." Mayor Barnes suggested adding on page 3 (3) change "No" to "The" and after "within" add "the site at a point furthest fi'om any residential zone abutting the zone, and not less than" and then continue the sentence; and said he was comfortable with the screen; It was the consensus of Council to concur with the LPA recommendation, but to change special use to conditional use; include Mayor Bame's suggestion but change "residential zones" to "residential structures"; and to delete "and Sunday". MOTION by Cartwright/Paul I move to accept the fa'st reading of Ordinance No. 97-60 as amended and set the second public hearing for Decemb~ 17, 1997. ROLL CALL: Mrs. Sullivan - nay Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwfight - aye Mr. Paul - aye MOTION CARRIED 3-1 (Sullivan - nay) 7 Regular City Council Meeting tDecember 3, 1997 Page Eight 97.27O B. 97.271 C. 97.269 D. First Reqilillg of Ordinance No. O-97-68 - Vacation Of t~asement Procedures - Schedule S~o~d Reading mCI Public Hearing for 12/17/97 (City ~l~rk Transmittal 11/12/9_7, 0-97-62) AN ORDINANCE OF THE CITY OF SEBAgTIAN, 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 ORDINANCF_~ 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. The City Attorney read Ordinance No. 0-97-68 by title. Mrs. Cartwright recommended adding "and appropriate city staff' relative to notification in Section 90- 127. There were no objections. MOTION by Cartwright/Paul I move to accept the fu-st reading of Ordinance 97-68 as amended and set the second public hearing for December 17, 1997. ROLL CALL: Mr. Barnes - aye Mr. Taracka - absent Mrs, Canwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 Discussion an~l.Dir~tion to Staff- Extension of..Br~ter Mains for Businesses L..o~al~d West of US 1 md North of Main Street ~JtY Manager Transmittal Ii/! 3/97. Oquist Letter) It was the consensus of Council to direct staff to send letters to area property owners to determine their level of support, come back to Council with a report, and then obtain petitions firom the property owners. First ReqOing of Ordinance No. O-97-66 - Riverfront Pexformattc,.~ Overlay District - Public H~arings Scheduled for 12d)[97 and 12/17/97 (Corrlmul~ity Development Director Transmittal 11/12/97, 0-97-66) AN ORDINANCE OF THE CITY OF SEBASTIAN, 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, PROCEDURF~, 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. The City Attorney read Ordinance No. O-97-66 by title only. Regular City Council Meeting December 3, 1997 ~Page Nine The Director of Community Development gave a brief description, recommended approval, and explained the purpose of the overlay performance district. Mayor Barnes expressed concern that if this is adopted tonight, and zoning is addressed at~nvard, these regulations may have to change. The City Manager and City Attorney explained that the overlay district will impose additional regulations and not negate what is required within existing or future zoning districts. Mrs. Sullivan began her review and comments: Pg 3 - objected to including Indian River Lagoon in the Riverfront District TAPE II - SIDE II (9:33 p.m.) A lengthy discussion took place on why the lagoon should be included and gambling ships. Mrs. Sullivan continued: Pg 3 - Arcade - concern about allowing encroachment into the setback Pg 4 - Architectural features - suggested height be measured from crown of lowest road adjacent to development and limit to three stories (consensus to add this definition of height) Pg 4 - Balconies - objected to balconies extending over fights-of-way and sidewalks (consensus not allow over public fight-of-way and sidewalk) Pg 5 - Outbuilding ~ recommend unenclosed porch be included in gross floor area Pg 5 - Parapet Wall - recommend be included in building height - (the City Manager suggested the definition correlate with that in Southern Building Code) Pg 5 - Porch - recommend be counted in total footprint of building Pg 5 - Renovation - additions should be treated differently Pg 5 - Substantial Renovation - did not agree with method - lengthy discussion - City Manager explained its purpose - she recommended "and of 500 square feet or more"; Mayor Barnes suggested adding "since passage of this ordinance" at the end of pg. 6 line 3. Mayor Barnes requested concurrence to allow public input at this time. Robert Collins, resident of the Keys, property owner near north city limit on US 1, asked that the zoning district be moved south of his property so it is not affected by these regulations. TAPE III - SIDE I (10:21 p.m.) MOTION by Cartwright/Sullivan I move to extend the meeting to 11:00. ROLL CALL: Mrs, Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka MOTION CARRIED 4-0 - aye - aye - aye - aye - absent 9 Regular City Council Meeting December 3, 1997 ~Page Ten 97.269 Ruth Wingate, Irving Street, Sebastian, expressed concern about urban design standards being imposed. It was decided to defer this item to a workshop and complete as much of this agenda as possible. Jean Bower (?), 357 Warren Street, Sebastian, distributed Requests for Reconsideration on Riverfront Sign Regulations (see attached) MOTION by Sullivan/Barnes I would move to hold a special workshop on Tuesday, December 16, at 7 pm. (for review of the Riverfront Performance Overlay District ordinance) VOICE VOTE carried 4-0. PUBLIC HEARING Procedures for public hearings: (R.97.21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Lima oflO 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 Firl~t Public Hearing Qn Ordinance No. O-97-66 - Kivcrfront Performance Overl~ District - Schedule Second Public Hearing 12/1'/197 (Community l~¥elopment Director Transmittal ! 1/25/97, 0-97-66 - see previous item) AN ORDINANCE OF THE CITY OF SEBASTIAN, 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, ESTABLISFflNG RIVERFRONT DISTRICT SIGN REGULATIONS; PROVIDING FOR CODIFiCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLIT~ON OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (l~t R~ding 12/3/97, Advt~tised Display 11/25/97, 2nd PH Sch~dulad fo~ 12/17/97) This item was not addressed since there had been no motion to accept the fa'st reading. The ordinance will be reviewed at a workshop on December 16, 1997. 10 ~ Regular City Council Meeting December 3, 1997 Page Eleven 97.196 B. Secon~li0g. Public Hearing and Final Adoption of Ordinance No. O-97-59 - Deletion of Special Exceptions (Director of Comraunity Development Transmittal 11/25/97,. 0-97-.59) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE DELETING THE SPECIAL EXCEPTION PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILYrY; PROVIDING FOR RESOLUTION OF CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 11/5/97, Advertised Legal 11/19/97, PH and Adoption 12/3/97) The City Attorney read Ordinance No. 0-97-59 by title; Mayor Barnes opened the public hearing at 10:51 p.m; and, being no input other than staff recommendation, closed the public hearing at 10:52 p.m. MOTION by Cartwright/Paul I move adoption of Ordinance 9%59. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 4-0 97.124 C. Public Hearing on City Request to Department of Community Affairs for. Six Month Extension of Community Development Block Grant Construcfiorl ~h~dul~ (Director of Community Development Transmittal 11/25/97~1 Mayor Barnes opened the public hearing at 10:54 p.m.; and, being no input other than staff summation, closed the public hearing at 10:55 p.m. MOTION by Paul/Sullivan I recommend City Council authorize staff to request a six month extension to the Community Development Block Grant. ROLL CALL: Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 11 Regular City Council Meeting ~December 3, 1997 Page Twelve 9. CITY ATTORNEY MATTERS 97.248 A. Verbal Report on Citrus Utilities Matter The City Attorney said she would meet with each Councilmember individually on this matter. 10. CITY MANAGER MATTERS None. 11. 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 - 11/12/97 Workshop, 11/19/97 Regular MOTION by Sullivan/Cartwright I move the approval of the consent agenda. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - absent - aye - aye - aye - aye MOTION CARRIED 4-0 12. INTRODUCTION OF NEW ~.I.J$IJNESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker This item was not addressed due to lack of time. 13. ~OMMITTEE REPORTS/RECOMMENDATIONS This item was not addressed due to lack of time. 12 ORegular City Council Meeting December 3, 1997 Page Thirteen 14. OLD BUSINESS 97.265 A. 97.O90 97.273 15. 16. 17. ApI~I:O.Y.C purchase of Replacement Vehicle for Communil~, D~:vclopment/Code Enfor~ill~l~t - !998 Ford F-150 Pickup Track -Pigl~hack Florida Sheriffs Assoq:itlti0n Bid Aw0xd - Don Reid Ford. Maitland - $13,889 - Deferred for City M~bager R~0rt (Verbal) - (City Manager/Asst. to Cig, Manager transmitta! !0/,3Q/97, Dealer Proposal) The City Manager withdrew this item, and said a used police vehicle will be utilized. NI~W BUSINESS [~merggll~ COvert Pipe Replacement on Chesser Avenue - Approve C.R. McClellan C]lallge Order # 19 to Increase Purchase Order 1829 b~ $8,883 (Publi~; "~ork~ Dir~tor Transmittal 11/24/97, Cost Breakdown) MOTION by Cartwdght/Paul I move to authorize a change order to C.K McClellan, increasing P.O # 1829 to $131,890.25. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - absent Mrs. Cartwright - aye MOTION CARRIED 4-0 B. Discussion Re: Gar31~jillg Boats and Water Taxis (Requested b~ Councilmember Sullivao) This item was not addressed due to lack of time and will be deferred to the December 17, 1997 Regular Meeting. CITY COUNCIL MATTERS B. C. D. E. Mayor W01ter Barnes ViceMayor Ritbar~l Tarilcka Mr$~ Louise Canwright Mr. Larry Paul Mrs. Ruth Sullivan Council matters were not addressed due to lack of time. Being no further business, Mayor Barnes adjourned the Regular Meeting at 11:00 p.m. 13 Regular City Council Meeting IDecemb~ 3, 1997 Page Fourteen Approved at the ~-,4-~ /g ,1997, Regular City Council Meeting. Kathryn 1¢4~' 6;Hall0ran, cMC/AAE City Clerk Walter W. Barnes Mayor 14 RI_,QUESI S i OR RLC( NSI. I)[,I~A I I.)N ON RIVF;RFRONT SIGN REGUI,ATIONS PR()P()SE1) I N 11 / 12/97 DRAFT Page 178 - 'Number 10, Page 178 - Number 11 Page 178 - Number 12 Page 179 - Number 13 I,I.~OIHBITEI) Weathered wood would might be appropriate for an old fishing village sign. (see sample) r ~S_UJ_t_~_ a. A tlat sign without dimension, h3yj:og_._a..~e__m_b_b!~_c_e___t0.g., plysy~..9od . p_L.~_~.~!p._o_ra~.j.(_ ~p.ki~m sig~,_"_ Space and location availvble on approved site might warrant only a flat sign dependir, g on thc circmnstances, (sample to be shown) dcsig!!..fi)r a pcrma!:~c, nt ~ig,.!.:...ins_.J3!!atipn_.o..[ !!.g a_ .d_.d.j.tj~m.a_l_sign__(_o_r_. s.ignsi.[D.at dg..c__s. Consistency in materials may not always be advisable. The main sign, for example may be hand painted, sand blasted or carved. ()thor signs subjected to river water or road dust, tbr example, might well bt; more al~propriately consm~ctcd with vinyl letters to prevent early delcrioration. :.t_"_Q !~. L~S .C_..0.B ~ !!y.p~r ~!! ~:!_Le_n_t_...! LI_(?..n_._t~!g¢..fl...t,_i0:e~.~._l_a_n..._d_ jgg,__0_l~_r.0.~_?_~Jg!!~. .... ' [J~cy..a !'e_..a_.!~o dj ~c 0t!r~g_e_.~;! s j g ~.~ ~. ! I! _a_ [ ..._e.g~ c.e.~! ti! !;~..(~.). 5q.q'_a._r:~ ...[~.e._[,__.....W.._ j !~fJ_q_w__ 5i g!h.%a_.s~, a. g 9__,,.Ye__d. ig ~!~.is .C!! ap!.e.r..~r...e..c x~!.~!_40 l~_o. mLhi s___.~m_tri..c._li_t!L~._.R...~gar0_[~.~___o f_s_j:z.e,_. a pp.! i_.q u ~ ~._.pr yi~y [.!__c.t~7.s.._a_r__e_.p.Lohi_b_i!~d_ t~r_t.!~s_e_o_n_ 1 ~ La. ~_tj c_ s_ jg .n_ .fa c_e_s. To discourage the use of high perfi~rmance vinyl could discriminate against a small, but very appropriate business in the riveffront area. Thc financial capabilitie:~ of the owner might prevent his/i~er investment because of the ~vidc price differential. Small appropriate businesses help keep our lax base down and provide thc opportunity fbr residents to shop in town. Page 2 ENCOURAGED (F) Page 179 - Number 1 O.t!roct:i__v_~ ~_aj)_d_..d:u_r_a_Ne._nA_a.t, eria~!.~su~c~s__.t_h.e ,fo!lo~wi~3_g and are ~9_t!~i~t._e_!~LsethA!~_e_i~Ql_d__Etgridafis_hj!!g_y_i.!la_~ge_". theme are .~!_1..c.9..tJj'_a_gg_.d__: Sl!~.p_¢d_ a_.t!_4~lhS[~_ig_~3_e_.d__~o_oQ¢_.loo_k_." ~m..u__[tijevek~ are cncourag_e_d ( i..~., .:_ .S a n_t.j___b_! o_~s!~:.d_ _9~' .9.a~.e_d_),_....(_2..o_nsi d_e_ r ir!g _t ._h_e~...eg _~ p 0 d.j ! j_9.n ~_i.!L f~.~kr_5~.r_¢a...~.__a_lg._sv !!l~j_t~_t.~ga_~3_c__..c_-.~ .~r a.~.!~e~3t~ri~ ~uc h a...s_ high _o...v__e_ r _a ~.!.~_m_! ..~9_9_d...t..~ .._.M_!)._o. Certain methods used in creating a "wood look" may deteriorate bcfi~rc a sign designed of high quality plywood (MDO) or PVC. Also, lhere is a wide price differential when comparing sand blasted and carved signs vs. high quality MDO or PVC- again making an investment difficult or impossible for some small businesses. For comparison, dimensional signs would be approximately $75 per square foot vs. $10 per square foot for the off,er. In any case, it could be appropriate to encourage the upkeep of Bn~ sign since first impressions are extremely i~nportant to any potential client or customer and a 'well-kept sign adds to the beautification of our city which we all desire. City Council Meeting, December 3, 1997 Resolution No. R-97-68 Issues and Law Prepared for: Captain Hiram's Selective Implementation of a no parking zone for Captain Hiram's and Hurricane Harbor when at least six other business along Indian River Drive have vehicles parked in the Indian River Drive right of way, west of the pavement. Bo Co Fairness, this Resolution affects only two (2) business, when at least eight (8) businesses have vehicles parking in the right of way. Those other businesses are GJ's, A Taste of Philly, Mel Fisher's Treasure Museum, Harbor Lights, Washington Plaza and Flood Tide. Equal Protection, Government can not impose greater burdens on a few than are equally imposed on all others under like circumstances. What is the justification to severely limit the location of no parking zones along Indian River Drive and how does the area of restriction differ from other locations along Indian River Drive. Due Process, of law prohibits government from the adoption of laws that are arbitrarily or capricious and requires laws that are adopted to have a real and substantial relationship to the objective. How will prohibiting parking in the right of way along a small strip of Indian River Drive accomplish any legitimate objective of the City. II Conflict of interest for Councilwoman Ruth Sullivan to vote on this when she owns one of the other approximate eight (8) businesses with vehicles parked in the Indian River Drive right of way, west of the pavement. "No ... municipal or other local public officer shall vote in his official capacity upon any measure which inures to his special private gain...". Section 112.312(2) Florida Statutes. The Commission on Ethics has repeatedly advised that a conflict is premised on whether the official would stand to gain or lose from the adoption of the measure. Councilwoman Sullivan has a business located west of the edge of /payment~of Indian River Drive; however, it is located South of the prOposed no parking area. Therefore a vote for Resolution R-97-68 would inure to her special private gain because her business, which is considered to be one of the eight (8) businesses which have vehicles parking in the fight of way along Indian River Drive, would not be prevented from having vehicles frequenting the business from parking in the City right of way. Iii. Traffic studies to justify parking restrictions. Who determined that no parking zones were needed. What are the traffic engineering qualifications of person making this determination. What are the safety reasons. What are the accident statistics, relating to parking in the right of way from the police department for the affected area, as well as the rest of Indian River Drive. what are the number and frequency of vehicles parking in the right of way in the restricted area, as well as along the remainder of Indian River Drive. Drainage studies to determine when parking in the right of way adversely affect the functions of any swale in the fight of way as a drainage facility. Ao Where there are drainage swales in the right of way, are they working as intended. What improvements are needed along the entire length of Indian River Drive in order to improve the function of the drainage. Has it been determined that parking in a right of way with a swale is detrimental to the function of the swale. V Lack of community involvement in the preparation of Resolution No. R-97-68. Parking within the River Front District was addressed in the Riverfront Advisory Committee Recommended Plan of Action dated July 1997. This report recommends that the City develop a plan for public parking; including on existing right of way. To arbitrarily prohibit parking along a short distance of Indian River Drive is contrary to the efforts of the Committee and prior support given to the Committee by the Council. Before any no parking zones are established, a committee consisting in part of concerned business owners along Indian River Drive should be established to study the issue and report to the City Council for future action. CAPTAIN HIRAM'S RESPECTFULLY REQUEST THAT RESOLUTION NO. R-97-68 NOT BE ADOPTED AS WRITTEN.