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Home My WebLink About10102001SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER.10, 200'1 -7:00 P.M. CITY COUNCIL CHAMBERS '122S MAIN STREET, SEBASTIAN, FLORIDA ALL A;ENDA iTEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK · 1225 I~AIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE taOMENT OF SILENCE 4. ROLL CALL 5. INVESTITURE OF NEWLY APPOINTED COUNC1LMEMBER RAY CONIGLIO AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon a majo#ty vote of City'Council members (R-99-21) PROCLAMATIONS,.ANNOUNCEMENTS AND/OR PRESENTATIONS 01.226 A. "United We Stand Month".- October, '2001 - In commemoration of the incredible rescue and recovery endeavors as a result of the Tuesday, September 11, 2'001 terrorist attacks on the United States of America; proclaiming heartfelt support and sympathy to the thousands of families whose lives have been forever impacted by the terrorist attacks upon the Twin Towers of the World Trade Center in the City of New York, the · Pentagon in WaShington, D.C. and the diverted plane crash in the State of Pennsylvania; and urging everyone to "Stand United" behind the greatest nation .... our United States of America. 01.227 B. National Arts and Humanities Month Proclamation-Kathy Khy and Mary Knapp Accepting 01.2.26 C. Exchange Club Proclamation-Jan Simberlund Accepting 01.157 %10 01.228 9. cITY ATTORNEY MATTERS A. Clarification of Parks & RecreatiOn Impact Fee (O-01-15) CITY MANAGER MATTERS "'A. "CitiZen Day/Open House October 25, 1-~ Pr~ ...... "-'-" ............... CITY CLERK MATTERS 01.229 11 10. 01.230 13-15 01.231 17-18 01 ;232 19-22 01,233 23-24 01.234 25-28 01.235 29-34 11. CITY COUNCIL MATTERS A. Mr. Barczyk Appoint Mr. Coniglio to'Economic Development Council and Tourist Development Council (Liaison List) B. Mr. Hill C. Mr, Majcher D. Mayor Barnes E. Mr. Coniglio cONSENT AGENDA All items on the consent agenda ere considered 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 ac~ed upon separately. Request for Rental of Community Center for Gonzalez Wedding Reception NB (City Clerk Transmittal 10/2/01, Application) Approval of Veto Bsa ch/IRC Annual Halloween Parade (City Manager Transmittal 10/1/01, Leffer of.Request) Interlocal Agreement Between Indian River County and the'City for the Purpose of Constructing a Boat Ramp at Schumann Lake (City Manager Transmittal 10/1/01., Agreement) .D. Approve Contract with Clark Sales Display, Inc. in the amount of'$10,831.00 and Appropriate $1,331.00 from the General Fund Contingency for Holiday Lighting/Decoration Dis play (City Manager Transmittal 10/1/01, Pro posal) Approve Purchase Of 16 Hand Held Radios from Communications International, Inc. in the amount of $14, 572.00 (Public Works Transmittal 10/3/01, Price Quote) Approve Resolution No. R-01-70 Urging Congress to Provide Electronic Equitythat Assures Out-of-State Vendors Collect and Remit Sales and Use Tax for On-Line (Finance Transmittal 10/3/01, R-0.1-70) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING CONGRESS TO PROVIDE ELECTRONIC COMMERCE EQUI'rY BY ADOPTING LEGISLATION THAT ASSURES OUT-OF- STATE VENDORS COLLECT AND REMIT STATE AND LOCAL SALES AND USE TAXES WHERE SUCH TAXES ARE DUE. 01.236 G. 35-36 · AuthOrize the ReimburSement of Council and Charter Officers Attending the Treasure Coast Council of Local Governments Annual Banquet on Friday, Nov. 2"~, 2001 (City Manager Transmittal 10/4/01, invitation) 01.288 H. Approve Resolution No. R-01~71 Recognizing City Government week, Oct. 21-27, 2001 .37-40 .......... (City.Clerk Transmittal 10/5/01, R-01--71) ................................................ A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RECOGNIZING CI'{'Y GOVERNMENT WEEK, OCTOBER 21-27, 2001, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATIN AND CORRESPONDING ACTIVITIES. 12, PUBLIC HEARING Pmceclures for public hoe#rigs: (R-99-21) · Mayor opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input- Ijrnit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name forthe record 01.173 .A. Public Hearing for Ordinance No. O-01-23, Repealing Recreational Advisory Board 41-46 Language - (City Attorney Transmittal, O-01 01.237 47-61 1:3. AN ORDINANCE OF THE- CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CODE .OF ORDINANCES ARTICLE VI., DIVISION 3, RECREATIONAL ADVISORY BOARD, PROVIDING FOR 'CONFLICTS; PROVIDING FOR SEVERABILITY;.PROV1DiNG'FOR AN EFFECTIVE DATE. B. First Reading and First Public Hearing Ordinance No. O-01-24, An Ordinance Adopting an Amendment to Land Development Code by Implementing Townhouse Development Regulations, Schedule Second Public Hearing 10/24/01 (GMD Transmittal 10/lj01, O-01- 24, P & Z Minutes) 'AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE 'LAND DEVELOPMENT CODE, SECTION 54-2-5.2,4.B MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT (RM-8), USES PERMI'CI'ED , AND FOR THE ADDITION OF SECTION 54.-2-§;2.4.e DIMENSIONAL REGULATIONS (FOR TOWNHOUSE DEVELOPMENT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months Which is not otherWiSe on the agenda - sign-up required - limit of ten minutes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. ~OLD BUSINESS.- None t6. NEW BUSINESS - None ¸17. ADJOURN (All meeting shall adjourn at 10:30 p.m. unless' extended for up to one half hour by a majority vote of City Council). ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH.RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE 'I-HAT A VERBATIM RECORD OF 'rile PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH '[HE APPEAL IS TO BE HEARD, (286.0105 F.S;) IN COMPLIANCE W/TH THE AMERICANS W/TH DISABILITIES ACT (ADA), ANYONE W/lO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOLILD CONTA C7' THE CITY'S ADA COORDINA'/'OR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING, HEARING ASS[STANCE I'IF-.4DPIfONES ARE AVAU. ABLE IN THE COLINCIL CHAllfBERS FOR' ACC GOVERNMENT MEETINGS. Upcomin~q Meetin~ls: Regular Council Neeting - October 24~, 2001 Regular Coundl Neeting- November 14~, 2001 Regular Council Neeting - November 28~, 2001 Regular Council Neeting - December 12th, 2001 4 ORDINANCE NO., ..0,01~15 ...-:: ..... ,AN ORDINANCE .OF ~ CITY OF S~BASTI-4.N, COD~.' O~' O~~S ' ~~ 74. ~~~ON~ ~ACT ~ES; ~RO~G FOR CO~CTS, -' "· ~S. ~ ~ ComPreh~ve ~o~ ~~t P~ ~Op~s l~ds of s~oe for v~ous, p~ ~ r~fio~ ~; md. ' ' ' req~e new'a~do~m~ to Pro,de f~fies n~ ~o~ ~e lower '~g ~dS ~ C~; md .. .. .. .. ,.' b~ed upon ~e ~a~e~ a~er~e .of 2.52 resifl~s Compr~ve '~ g ~ t .~ emte ~t ~e eom to .me~ ~e 1~ ~ s~ee gar ~AS, p~s~ to ~t ce~ a~ ~lefl In re Gen~ Dev'd~ent Co~or~on, ~ al, C~e No. 90-222M-~C-~C, Ummd ~meS ~~t~ C~n for the ~outh,m, ~ct .of ~o~, oonveyme~s · . s~on' of my ~e req~,m to de,cae ~d for p~k use ~ ~e d, vMopm,m .of. $~b~ ~&; ~d. ~S, a ~g so,ce is needed m dov~op ~s Mv~tou of mprowd pink lmd ~ w~g m ~mre p~k ~q~om; '~o~,, ~~0~, ~E = o~~ i .mended.to ~reate Chair 7,4, Article III ]lecr~c~'MImpaq~ j~e,beginning ~vith Sec. '~4--~. l~ee required. The'payment of a fee to the city,in the amoum of $975 to be used for the a~quisit~on, exp ,anaien, eonstructi°n and provision,· of city recreational · ,faviliiies ~ be require~ as a.condition ofthehmmn% of a building permit for a~ mewly °°nmm~ed dwelling unit of'my kiM. A dwelli~E unit 'shall be oonsid~ed newly eon~iru~ed whether h is consm~ed on a vacant lot or parcel, is the reconmu~o~ or .renovatio~ of a building-ttmt' was no~. pr~viot~sl¥ occupied 'as a dwelling~tmit.of.any .kind,.' or Whether it-is an addilional dwelling unit .ad~ied to a. lot, parc~ tra~' of. propert-y,, thereby increasingthe total number of dwetlinf units.to two (2) 'or more. sine, tied to .a'~te a new section, l°, be'numbered .s~.aion 74-51. which shal~ read as :follows:' .Sec, 74~-~1. Credit for .parcels vested under '1992 BankrUptcy Court Order,. . Pursuarit to the Settlement Agreement and Order in Case No. 90-12231.- BKC-AJC of the United Sta~es Bmkmptey Court for the Southm'~ Diarist of.Florida, the fee for Io~ d~veloped purmmnt ~o the plaE of the Hi~s Units 147 shall be $650, whi~ represents ,a credit' of '$S25 for lhe. pro-rata amoum of· the impact fee attributable 'to ~osts of land· 'a~quidfion under the level of service immdards of the Compreheamiv~ Plan. ~. ectioa ~. 'Thai.the Code of Or .'.d~ces, City of Sebastiau, .Florida is h~reby amended to create a new section to be numbered s~on 74-52 which shall' read as follows: · Sec. 7~-~2. Credit for the dedication ofland for active recreation use~. · Upon the dedioafion of two (2) or more contiguous acres ofhnd to 'the city as here~/ter set for~ a developer shall receive a credit ~ainst 'the fee otherv0ise required to be paid pursuam to ~ article. The aredi~ shall be appIied a~ ~ollows: ' - ._ _.-:_.:...- ._-_:...::- - ._. -(1)-:- The. cre~ sbmll become effective .upon .city :council aec.eptance of the dediea'don of the land. Said laud shall not 'be .accepted by the 'city eounoil unless g finds the land to be 'suitable for 'public park or active recrestion purposes. Ym determ~uing th~' suitability~, of the land for such purposes, the City coun~ may consider all factors ami variables such sukability, 'iuoludin~, bm not l~m~ted to: a. .Access from paved public b. Size. -. c. iFmir markm value. · . d. ?hy~ical zhsractezi~cs md qualities." ~. ?roximity of the land to other r~areatio,~ facilities.. f. 'Availability of city.fonds t.o zomu act facilities on th~ laud. 'g. Confonnan~.ewith the zitf~ .oomprehmmive plan.. ConservatiOn lauds required as a condition of development approval by re~ml~tory ageaaies shall.not be eligible for impact fe~ cr~dits~ The fair market 'value of. the land ~o b~ dedicated shall be ~stablished by a £omal 1VIAI appra/~al wkiah is .ac¢~ptable' to the city. The appr~ia~l shall be provided by the dsveloper at his expense. The develop~.r ~hall p. rovide tim City 1VJsnager or bis designee with d~Mled pl.~ 'sad specifiaatiorm of any improvemems 'md faaititi~ to be constructed .thereupo~ including emirnates and infommtion as m costs, and the c/ty shall make ~. det~rrn~,~ation as.'~o the credit available for such construction. (3) The land sha~ be dedicated To the city in fee simple,-and' sh~ be ~ree of amy liens or encumbrances. (4)' The credit shall .be calculated as a ratio of/he flit value of'.l~md dedicated, plus the value Of-any facilities constructed thereupon by the developez,, divided by the total recreational impact fee required to be poi/1. The fee required to be paid pursuant'to this article shall be ~:educed by the percentage of credit, detmmuined by the above formulal ($)' P,~creatio~ impact fees credited to'a developer,, for dedications and improvements eligible for imps~-t fee credits, Shall be provided on'a lot by lo~ basis. The .impact fee amount shall be 'reduced equally for each lot or in the aa~e of multi:family residential pr6jects each dwelling unit, v~l~u the development by assessing the total impam fee per lot or mit minus the proportionate share Of the credit, apph.'ed to. each lot. '(6) ' If the percentage of credit is one hundred (100) per cent or mcr% ~o 'fee sh~ be required to be paid. Any dedications valued in excess of the total projected impact fee due for thc project shall result in an hnpact fee credit in favor of the developer, which shall be. assignable'cud shall rcrnm~ in effe~ for a maximum of ten (10) years. Such' excess credits may be used anywhere wififin the City if arising from the dedication of N~ighborhood Park faclIiti~ amy only be ut~iized wi~bi~ the r~o~ zone h w~ch ~e ~opm~ (7) A re,cation .~p~ .~' ~e~ ~ be prodded g0v~g cre~ ~ p~ of fee~.. Su~ ~e~e~. s~ be a~c~le to ~e ~ ~om~ ~d ei~ ~er, md ~ be recorded.. ~ded to ~eate .a'~ scion ~o be n~b~ed Sea 7~5~. Time ~f pa~mt. ~e fee req~ed by p~ is ~d ~r ~ch dw~g ~ded to =cate a new se~0n to be ~ered scion. 74-54 w~ah. ~ r~ as Sec~ 7~-54. Establishment of l~reatiom Zones . ~e ~ s~ be ~ded ~o f~ (4) re~o~ zoos ~0n ~..~oe '~ for N~borhood P~k ~fies ~ fo~ow~: Zone ~ - Be~ at ~e ~t~e~o= of c~t~es of~g ~d ~ 512; ~ce fO~ow c~t~e of ~g $~a~ no~ to S~em', ~mce lo, ow e~t~e of ~ '~eet no~s~ ~ ~ ~e p~e~ ~m~om of~ lot.~e b~em Lots 3 12, Seb~ ~mds U~t 1; ~ee .lo,ow s~d ~de~ lot" ~ou~ ~o ~e bo~.. of Kosfl~d S~te ~eld Tra~' 1 M~dp~ ~o~); ~e~ce lo, ow ~o~ s~d bo~d~ to ~e we~ ~d no~ ~d oo~ue ~ong ~e s~e :~ g beaome~ ~e bo~ to Kos~d S~te~te ~d Tra~ 3, ao~mg ~ ~ s~e ~e 'beaomes L~s; ~mce fo~ow s~d Ci~ U~ts'to ~e wes~ ~ ~omd .~ hters~S ~ ~ 512; ~enae farow no~ ~ong fie e~e of 512 to fie ~o~ o[Be~g. and·CF. $12~ th~nc~ f:>Ilo~· ~can~r)ine of l~laming Str~t no~ ~o ~ ~ ~e P~~ e~on of ~e'lo~ ~e b~e~n Lo~s 3 & 4, .B]o~ ~ou~ ~o ~e bo~d~ of R°s~d Satire ~d Tr~ I (Ssb~ se~On ~ coring as h becomes ~e bo~d~ b~ Se~o~ 12 ~ of S~ons V a 18 ~om ~e no~;. ~ce lo, ow s~d ~ L~s ~ .~d ~omg smd se~on ~, coning ~ k b~omes ~c bo~d~ of Sc~o~ ? .~se~s ~e oentcr~ ~ 512; ~ce fo~o~ s~d se~on ~e'. earn ~ ~c fo~ow ~e ccnl~c .of ~c Co,er Wale~ay ~ -i~ ~t~se~s ~ .B~ber S~ee~ ~o ~e south ~d ~.~to ~c ~terse~bn ~ Power~e ~oad; ~ce lo,ow ~ong ~e ~:~e of~ ~t2 ~o ~e no~c~ to tc po~ of bc~g. .......................... Section .6~ ...... --~hat .~e Co~-o.f Ordm~ce~, C~ .of S=bast/~, ~oriCh ~s"~==~y ........ ~d~d 'to ~a~e a new s~on '~o be n~b~d s~on 7~55 w~ fo~ows: '... .. ,. ~ 7~-~5. Use offee~ p~d. ~e fe,s p~d p~mt to ~s ~e ~ be sewed ~d ~ e~ p~~' .fl~dopmm. ~ ~ ~o~,a~d d~opment shall b~ Uaed o~y m aaqm, eom~ or pm~e ~rovmems or f~fies, ~t may not be mod on a N6~borhood >~k o~a~'.d~elopm~, ~e ~. ah~ ~t~ moor& of . ~mded ~ ~e p~oses.for w~ ~ were ~mded. ~mbered for ~ qu,~i~ proje~ ~,~i~ sev~ .(7) collected. ' ."herewith Oxe'hereby repe_aied. All ordinances or par~s of ordinanee~ in conflict In the event a court of competent jurisdi~o~ hold or determine'that any p~ .of ~ Ordinance i~ .invalid or uneons~fionah the remainder of the Ordinance 'shall no~ be affected and it shall be .preSUmed that the City Coundl of the Cffy of Sebastian. did not intend to ena~ mc. la invalid or unconstitutional provision. It shall ~urther be asmm~ that .~he City Council would have enao~ed,the remainder .of 'O~is Ordinance without said invalid or unconstitutional provision, thereby c~sing said'remainder to rema~ m full force and effect. Section 9. '. E~'I~CTIVE DATE. This Ordinance shall ~flce effe~: August 1, 2001, following its adoption by the City CotmE. Complete and proper building permit applications mbmitted prior to the effective date shall not be assessed the fee~ however, -the'fee- sh~ become" duc upon 6]Mg any ml~plmmemta~' information for the appliomion or for.any ~temion ora pre-existing building pm'mit. Ba 7 c z~k ~ motion was seconded ~ Co~~b ~ Bisho~ ~ upon b~ ~ m a vote, ~e vot~ w~ ~ fo~ows: . .Mayor Walter Bm'nm aye Vice-lvI~yor Bern A. Bi,hop aye Counoilmmnber Joe Rarczyk. CounMlmember ~.dward $. 1Viajah~r, ~r .... CounMlmmuber ~ames I-Y:dl aye The Mayor th~r~'upon dechred .tMs Ordinance duly passed and adopted th~s 11m day of July, 2001. CIT~ OF SEBASTIAN, FLOKIDA ATTBST: C ry ¢l k Mayor W~lt~r Barnes Approved as to form and leg~ity for reliance by ~he' Cil3z of Sebastian City AtroPhy 0,~ ~y 1£, 2,001, at a speoial meetiz~ to complete ~e agen~ ~m i~ J~ 11, .2001 ~ ~ee~g, upon a Mofi~ '~ R~onsi~r Or~oe O-01-15 ~ by Viee- Counzi!m~ ~jch= ~ss~g) set ~~ O-01-i5 on ~e ~y 25, 2001 ~upon, ~ forgoing ~~e w~ moved f~ ~opfion by Angst 1, 2001, m O~tob~ 1, 2001. ~e motion w~ ~eeon~d by Vi~yor BlOop ~d, upon being put to ~ yom, ~e yom wm ~ foEow~: ~yox W~ B~es Vie~yor Be~ A. BlOop ave Co~mb= Joe B~Zyk' Co~c~lmemb~ Edw~ J. ~jch~, ~r, nay ~ ~yor ~upon ~c~d ~s Or--cc, ~-mottled upon ~c~i~afion, 'd~y p~scd ~d ~opted ~s 25m ~y of 3~y, 2001. CITY OF SEBASTIAN, PLOEIDA ATTEST: '. Mayor Walt~ Barnes Approvod as to foama and legality for reliance by the City of Sebastian: Pdch Stringer, City .A.t~ HOME OF .PELI~,N ISLAND 1'225 MAIN STREET · 8EBA~;TiAN,. FLORIDA 32958 TELEPHONE: (56!) 589-5330 · FAX (561) 589-5570 ., Ordinance O-01,1'5 CITY OF 'SEBASTIAN, ,.R ECREATI. ONAL ]MPACT..._F_,EE WOi,~,,iKSHEET .Faqility 'Neighborhood Park TOTAL FaciliW Tennis Cou.rts RackatbaH/Handball Basketball 'Courts 'Softball/Baseball Fielcts Community Pool -- .Golf Courses Boat Ramps Football/Soccer Fields Shuffleboard Courts Playgrounds Volleyball Courts TOTAL Note: Per the Housing Flemenf date survey ofthe Comprehensive Plan for fha City of Sebastian, each dwe~ing unit averages 2. 52 residents..Ail · ' ·Levels of Service (LOS) set in Recreafionel E/ernenl of Plan. 'PARK LANDS LOS 2 ac. per 10DD '. ;2 a~,.. per 1000 -. TOtal Cos~t . $15,D00.per acre .. ACTIVE FACILITIES '1 per.2,00O. 1 per 10,000. 1..per 5.000. 1 per 3,000 '1 per B,70O 9 ho'les/'SO,O0O fl per 4,700 1 per 4,000 1 per 1 · 1 per 7,500 1,per 12,1300 Total COst. $40,OOO each $62,500 each $16,400 each .~2.25-,0 OD each $550',000 each $1,2OOO,O'OO per '9 $175,000 each $68,450 each. $3,500 each $70,000 each Unit Cost $75.60 .$252.00 $327.60 Unit CoSt $8.27 $60.48 $93.80 $43.12 '.$8.8D '$23.52 $648.16 TOTAL IMPACT PER RESIDENTIAL UNIT $975.76 "An Eclual Opportunity Employer" Celebrating Our 7~th Anniversary SEBASTIAN CITY COUNCIL MEMBERS - LIAISONS TO COUNTY AND REGIONAL BOARDS March 2001. March 2002 AFFORDABLE HOUSING AD~/ISORY COMMITTEE: (Indian River Cty) Current Members: Tracy Hess (Growth Management Director) & George Bonacci (Building Director) Secretary: Rata Smith, IRC Commission Office - 567-800'0 Location: 'Cry Admin Bldg. b 1840 25th Street, Verc Beach, FL - 1 st Floor Conf. Rm - Otrly 2nd Thurs 3 pm BEACH AND SHORE PRESERVATION COMMITTEE Current Member: Walter Bames.(Mayor) ~OUNCIL OF PUBLIC OFFICIALS: :(indian River cry) · Current Member: Joe Barcz. yk (Coun~ilmemj~e~) - Alternate': Walter Barnes (Mayor)- Secretary: Vicki Phillips, IRC Commission Office - 567-6000 - Ext. 1447 Location: Cty Admin Bldg. - 1840 25th Street, Verc Beach, FL - 1 st Fir Conf Rm A - 3rd Wed of Month - 10am Except June,July~August and December ECONOMIC DEVELOPMENT COUNCIL: (indian River Cty) · Current Member: Ben Bishop (Vice Mayor) Alternate: Ed Majcher (Councilmember) Secretary: Cyndie Delstanches, IRC Commission Office * 567-8000,Ext 442 Location: Cty Admin Bldg. - 1840 25th Street, Veto Beach, FL - 1st Fir Conf Rm - On Call EMERGENCY SERVICES DISTRICT ADVISORY COMMi'FrEE: (indian River Current Member: Torrance Moore (City Manager) No Alternate Secretary: Vicki Phillips, IRC.CommiSsion Office - 557-8000 Location: cry Admin Bldg.- 1840 25th Street, Veto Beach, FL - 1st Floor Conf Rm. A - 3 or 4 x Per Yr 10 am · LAND ACQUISITION ADVISORY COMMITTEE: (indian River Ct?) Current Member: Ed Majch'er. 'Alternate: Walter Barnes (Mayor) Secretary: Reta Bmith, IRC Commission Office - 567-8000 Location: Cry Admin Bldg.. 1840. 25th Street, Yero Beach, FL-lst Fir Conf. Rm. Last Wed of Mor~th-l:30 pm INDIAN RI~/ER COUNTY PARKB & RECREATION COMMI'I-I'EE: (Cty) Current Member: Nancy Diamond (citizen) Alternate: Ed Majcher (Councilmembet0 Secretary: Rata Smith, iRC Commission Office ~ 567-8000 Meets: First Thursday of Month at 10:00 e. m, METROPOLITAN PLANNING ORGANIZATION (MPO): (indian' River Cty) Current Member: Jim Hill' (Councilmember) .Alternate: Walter Barnes (Mayor) Harry Thomas- MPO Citizen Advisory Committee Public Works rep. MPO Bikepath. Committee (Terry Hill, PW Director) .Secretary: Vicki Phillips, IRC Commission Office - 56%8000 Location: Cty Admin Bldg.- 1840 25th Street, Veto Beach, FL- lst'Ftr Conf. Rm- 2nd Wed' of Month-10am second Sebastian vo~ing member will be added dufin'g this term · SEBASTIAN RIVER AREA CHAMBER OF COMMERCE: Current Member: Torrance Moore (Ci.ty Manager) Alternate: Walter Barnes (Mayor) . Location: Chamber of Commerce Office - Main Street - Sebastian Time: 2nd Thursday of Month b ,5:00 pm TOURIST DEVELOPMENT COUNCIL: .(Cty) Current Member: Ben Bishop (Vice Mayor) Alternate: Jim Hill (CounCitmember) Secretary: Cyndie Deltanches, IRC Commission Office - 567-8000 Ext. 442 Location: Cty Admin Bldg. - 1840 25th Street, Vero Beach, FL - Commission Chambers . 3 to 4 times a year TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Joe Barczyk (Councilmember) Alternate: Jim Hill (Councilmember) Chairman: '. Bob Oliver City of Okeechobee Secretary: Lane Gamiotea (863) 763-3372, Ext..215 Mtg Location: St. Lucia Administration Bldg. 2300 Virginia Avenue Rm 3 Ft. Pierce, FL 34982 (across from College) Time: 1 st ~/Vednesday of Month - 10:00 A.M. TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) 301 East Ocean Boulevard, Suite 300, Btuat't, Florida 34994 Current Member: Jim Hill (Councilmember) Alternate: Walter Barnes (Mayor) Location: Howard Johnson's Motor Lodge 950 U.S. Highway One 'Stuart Send Correpondence To: 301 East Ocean Boulevard, Suite 300, Stuart, FI 34994 Time: 3rd Friday of Month - 9:30 A.M..(call ahead for any changes) Contact: Liz Guiick Phone: 561-221-4060 Suncom: 269-4060 Fax: 561-221-4067 E-Mail: admin@tcrpc.org revised 3/30/01 HOIV~E. 4:~1r' IP~..l~ .............. 1225.Main Street -- ' Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Rental of Community Center Agenda No. 01.230 Submitted: 10/02d01 Exhibits: Application dated 10/01/01 Expenditure Recluired: Amount Budgeted: Appropriation Required: The City has received an application from Lilia E. Gon~alez, requesting the use of(he Community Center on October 13, 2001 from 5:0'0 P.M. till 11:00 'P.M. for a wedding-reception. As required by '0-'00-20, Section 74~8(e) (copy attached), (he applicant is ' requesting permission to ser~e alcohol at the event. Proof of age has been received. RRCOMM~NDED ,ACTION Consider the request and act accordingly. .! If moreth~ ?$ ~tiumttee~, ecctr~ ctut~ p~li~ officer ~e~i~ ~re requi~ (R-01-IS) u L . SECURITY DEPO$1T .............. RENT ...................... - 7% TAX...... ..................... POLICE OFFICER 5ERVIL-'F.~ $250,00 OFFICE USE 'ONLY .DATE ,PAID · P~mt.: ............ TO~l ........... :....$ T~x ...... ~ ...... P. O. Services 'TOUt1 ....... : ....... RECEIPT ND. -~dcoholB~vemg~'~.mq~st [] DISAPPROVED Potice.D~l:m~t A~emmsm Con~iwncd (if. applicabl~.) Pickup Date: S~curity Dmpo~it P, emnmd By City CMolclt Da~ to ~eci:ion ~. new m~onto b~ ~~.~ J'~ion ?~ v~ich sh~ir~ a~ f~ows: i AgendaNo. 01. 231 Deparmaen~ Origin: Date Submitted: 10-01-01 For Agenda of: 10-10-01 Exhibits: 'Letter dated September 19, g001 from Sue Hansen, Aquatics Facility Manager regarding 'Vexo Beach/In~ Pdver County Annual Halloween Parade EXPF.2qDITURE RIgQUIRED: [ AMOUNT BUDGE'lED: APPR OPILL&TION RE~IUIEED: SUMMARY The RecreafioaDePartment of Veto B eaolfflnrllan River ComV ~s to hold its M~e om Sa~y, O~obg 27, 2001, at 2:00 p.m. Th~ be~~eup a 1:00 p.m., com~ of~ S~e~ ~d ~ ~v~ Drive ~ ~vM sou~ on h~ ~vg Drive to P~k wh~e ~ jud~g ~ ~t~~' ~ be held. ~dore,' ~ ~e're~e~g ~ use of ~v~ Pgk ~ ~e~ciW ~o~ ~ asist~e ~om ~e Seba~Po~ce Dep~ to blo~ off ~ ~cesS~ ~e~ ~ ~e~ accor~y. ~o, ~ ~dt~afive r~p~ ~ world ~ to res~e ~ Co~~. C~g for'~t day. Acx o Move to waive all fees and approve Veto Beach/Indian River County Recreation DeparmmnCs request to use Riverviow Park on Saturday, October 27, 2001,, at 2:00 pm, for their annual Halloween Parade, 'authorize the Sebastian Police Department to close all necessary streets and direct lraffic accordingly and reserve the Sebastian Community Center as, an alternative rain plan. Subject: Interloc~ A; or.~ ~ y: O~~r · Agencla No. 01. 232 D~partmant Od~: Date Submitmd: 10-01-01 For Agenda of: 10-10-01 Exhibits: Interlocal Agreement Between Indian River County and the City of Sebastian for the purpose of constructing.a boat ramp at. Sch~m~n Lake F2LPENT)ITTJR~ I1EQUIRED: [ AMO~ BL1DGE~: APPROPIilATION I1E~IJIRED: SUMMARY Since the City of Sebastian a~d Indima ~ver County recognize that each entity 'has certain responsibili6es with respect to the citizens of the City and County and their recreation needs, the attached Interloeal 'Agreement between'h~lLanl~iver~ County and the City of Sebastian provides for a $7,800.00' allocation from the Florida Boating Improvement Fund for the purpose of constructing boat ramp a~ Sctmmsnn Lake. 'RECOMMENDED ACTION Move to authorize the C/ty Manager to execute the Interloc~ Agreement between Indian River County and the City 0fSebastian, allocating $7,800.00 fromtheFloridaBoafinglmprovementl~und for the purpose .of constructing a boat ramp at Schumann Lake. INDI_42q RIVER COUNTY, FLOR]DA CITY OF SEBAS~, FLO. KtDA b,.,',"~¢en :IN'DI.&N ~ COD3q'Z~, :b-%ORlZ).&, ~. po.liti,'.~ mbdivi. Mon o£ thc. S'mte o£ Ro=kl~. h~,.in~er ~e._Ce:,,,d ro ss CO~, .md.the C.rFY 0..5' $"E~ASTL&N, :FLO.K.~...&, ~. mun..iSp~ co~o:m, tion o:r th~ Sm.-m of' Floa/d% har:inaker ~eazed to as CITY, £05 the pm~pose o£ :onstmcting a boat ramp at Sehmaann Lak~ WITNE$SETI-I: ~, the Florida Imterl. ocal Cooperation .&et Of 1969 COUNTY and CITY the attthadty to ~=~ter ~to int~oe~l ,~=nemsi and (Chapter -163, F.S.) .g.m~ts WHF_/LE2~, .the COUArTir and CITY ~'cognize that each entity ha, c:~am ~spomibilities ~ith respect to the.d, tizens 'o£the County and the Cit7 an;t thek.~ecmation needs.; and WHEtdE2~, the crrY mClUCsted.s $ 7,800 ,liocation from the Florida Boa. ting Improvemmt Fund 'for ~ boat=amp on Sehnm~n Lake; an8 '- and WI4W:R_E2~, the COUNTY at its September 18, 2001 ?egnl,r meerlng approved the City's ~equest; ~, it is in the public interest to set f0~:h, by'way re~pomibilities, of ~g~e ,e~ent, e~eh NOW, ~ORE, in consideration o£ the mutual tm, .conditions, promises, covenants and premises hereinafter set forth md pursuant to the statutory authority, contained in Chapter 163, F.S., the COLrNTY and CITY ag~.e ss £ollom: L ,The COUN2~ will provide CiTY with $7,800 h:om the Florida Boating Improvement' Fund for the cons~'ucdon of a boat zamp along SCh',am,,m Lake in SebasH.,~. · i 2. The CITY upon ~eceipt 0fthe $ 7,800 allocation md upon issuance of.~ll necessary pen~ts ~ begin e0nstmction'o£ the project. 'Th~ allomtion of. these f~ds by the COUNTY i~ the limit of pm-ticipation b7 the'COUNVl~ in the project. :he fmli~g of a f-t~ly em¢cmted copy ~ith .the Cl~.r~k of by ~h~ duly autbo=izcd of~ci~Is om *he d~y smd y~z ~irs: ~vzi~cn ~bove. BO~ OF COLrlqTY COlVINf~SIOlxrP__IL5 Atte.~ , Iz~ B?TON, C1¢¢k /~es ~. Chanale:, County Arras:. Sally Maio :, Clerk 'Cazoline D.' G~-~. Ch~6' C1TY OF SEBASTIAN By By, T~¢= Moo:c,-City Indian River Count~ Approved Date R~k Ma~gement " ( F: \!~tblic Works\Rebecca\PAP, KS\S~uma,,,~ Boat ~p-F~IP. cloc Subject: Holiday Lighting Display Terrence 1~/~oo~ ~ 01.233 Exhibits: Proposal from Clark Sales Display, Inc., for 2001 Holiday Decoration Display I~QUIRED: General Fund: $ 6,3S1.00 Riverfront Fund: $ 4,500.00 AMOUlCT BUD'GErED: Geaeral Fund: $ $,000.00 Riverfront Fund: $' 8,000.00 A.PPROPRIATION General Fund: $1,381.00 SUMMARY In preParatiOn of the holiday season, .City staff met with Clark Sales Display, Inc., Tavares, :FL., and reports that Clark Sales'Display, Inc., has offered the City a Lease Continuance Option Agrecmeat for the installation and removal of 2001 holiday lighting displays along U.S. iii and Indian River Drive, .pursuant to the terms, conditions m~l provisions of the ori~tml agreement with the City, ~ October 17, 2000, for a totallaase amount of $8,$60. : 'In addition, to the Lease Continuance Option Agree, meat, it is the recOmmendation of staff to · .purchase fi.om Clark Sales Display, Inc., Tavares,. ~Z., two (2) wreaths to be mounted on the City Hall. Building at .$465.00 each and two (2) 4' wreaths at $265..00 each to be mounted on the Police .Building, for 'a total of $1,460.00. lA addition to the purchase price of $1,460,00, the following charges will be added for the 2001 holiday season: $600.00 fee for the installation and removal of four (4) wreaths, $96.00 storage fee for four (4).wreatim. and a $115.00 fi.eight charge, for a Wtal · purchase price of $2,271.00. The additional $1,331.00 will be appropriated fi.om the Gemeral Cont~ nl~eaL'y of $28,516.00. p. ECOMMENDED ACTION Move'to waive the normal bidding'process and authorize the .City Manager to enter into a contract with Clark Sales Display, Inc., in the amount of $10,831.00 and appropriate $1,331.00 fi.om the General l~und ContingencY. . . ,' .-. ,.. ..- ... --..:'."( ....-. ...... : ..':" ..'..- :' '~ -' .... ~E City of Sebastian, Florida Subject: Hand Held Radios Agenda No. 01.2 3 4 Department. ~rl~: Pub~c/gJyVorks Dept. H.ead. ~ General Services: Date Submitted: 10/01/01 For Agenda of: 10/10/01 Exhibits: Hand Held 1Ladios for the Public Works Department- three divisions EXPENDITURE REQUII~D: $14,572 AMOUNT BUDGETED: $ 14,576 APPROPRI.~TION REQIYIRED: $ None SUMMARY The' Public Works Department has hand held radios budgeted for this fiscal year for all divisions except the Cemetery. These radios are needed to allow better communications-between the employees and the respective supervisors etc. The communication system is part of the 800-mgz system, which the entire county uses, and a sole source provider for the radios is Comma/cations International, inc. of Vero Beach. The cost for the radios is $910.75 each. The. Koads and Drainage DivisiOn will be buying 8 new radios, Building Maintenance w/il get 2 and the Parks division will get 6 new radios. RECOMMENDATIOI~ Move to approve the purchase of 16 new hand held radios from Communications International, Inc..of Yero Beach in the amount of $14;572. KDN¢3Z, KDC}Igl3 KD.I-I¢TP I;746.2! $73,00 $25,0~ i' $14.00 , $41,2S Sit.Z6 ahmu~. ~,~ m~ ~o c~e~ v,tt~_. _n~ .... .... nJDY ~l~v~ CUSTOND~ $1tRVlCE MANA.alh't 42 DAYS 561-$67.,2292' i 0'~I107A DATE! 1'0-01-;01 ' · ro~ r'UltCllA~i H~.IOEI;A RT~i gh,T Terry Zffill Public Works Held Radios · i'ltt31'O~l~D t'EI~IDUItl ' Communications Internationaln~nc. This ~o~pan~ is the sole source, for 800 M~Z r~dtos for th~ County Wide S~st~m. .i ..CEi[rIIqCAT~OI~ OlrA~½,,IILAIJILIT'Ii',,'RECEe.~,~..r__7~1~ ................. '. hereby t~rllFy tim{ J[ hn~,e Ihuro.l~l,l.~, reYJe~,etl Ihe fn~l~ anti t:lrt:unl~lnm:e.q;a[ ..~t, (i,~(. delft), [Iwuu~h ll,~ u~e ur tl~t-tJm~ ~u.,l~eliti1, e iw.~ur~tttettt this t'e~lfie~, ts itt Full t~umi~l!n,,ee will, Ih~ City J~Ullchlllilllg (~ City. of Sebastian, Florida Subject: P, esolufion R-01-70 - A Resolution to Urge Congress to Provide Electronic Equity that A~s~es Out-of-State Vendors Collect md , e~.'t S ales ~IJs¢ Tax for On-Line . Exhibits: · Resolutiom R-01-70 ': ,.. EXPENDITURE REQUI~D: Agenda No. 01.2 3 5 Department Ori~: Finance~''~ Date Submitted: October 3, 2001 For Agenda of: October 10, 20'01 IAMOUNT BUDGETED: N/A lAPPROPRIATION RBQLERED: N(4. SUlVlMARY Over the past three years untold billions of' dollars have been lost to the State and Local 'Municipalities due to a moratorium on'sales aud use tax collection for on-line purchases. There is a move afoot in the House of Representatives to extend that moratorium .for au additional five years in-order to come up with'au equitable way to solve and standardize the various sales md use tax methods being used by the various states who collect them. Over the past three years there has not be~n a real solid 'effort to come up with a method that will be fair and equitable to all and by extending the moratorium, au. additional five years, there, again, is no real incentive to do so. The Resolution before you is an effort 'by th~ City of Sebastian' to sUpport revised legislation · introduced in 5otb the Senate and House of P,.epresentatives that would urge the resohfion of the use tax collection issues that would be eqtdtable to Cities.· This Resolution has been provided by the Florida League of Cities as a grass roots campaign to support the sales and use tax compliance for on-line purchases. As you are aw~e of by now, the State of Florida is looking at a Special Session to cut expenditures in the wake of a budget shortfall in sales tax revenues, excess of $678 million, that has been exacerbated by the tragic bombing in New York. It becomes even more vital now that all sources of revenue are tapped to provide the necessary funds to continue the programs already estabhshed . by State and local entities· RECOMA~NDED ACTION Move to adopt l~esOlution R-01-70. RESOLUTION R-01-70 A RESOLUTION'OF TNE CITY .OF SEBASTL4N, INDIAN RIVER COUNTY, FLORIX)&. URGING CONGRESS TO PRO_.V'iDE- ELECTRONIC coMMERCE_ ~.E_Q_L~._TY__._BY ADOPTING LEGISLA~TION THAT ASSURES OVT-OF-STAtr vrm)o CO ,LECT Am) REm'r STATE AND LOCAL SALES AND USE TAXES VOtERE SUCH TAXES ARE DUE. WHEREAS, the use of the Internet as a way to pUrchase goods and services is stead.ily increasing; and ' WI:IEREAS, in October 1998, Congress passed the Interact' Tax Freedom Act, imposing a three-year moratorium on new state and local taxes for online transactions and sales; and ERE-AS, because of this law, goods and services purchased out-of-state in- many cases are not subject to existing sales and use taxes imposed by'the ~tate and local governments where the purchaser resides; and W2:IEREAS, the moratorium is set to expire in October, 2001, with no'resolve yet to this issue; and WHEREAS, H.K. 1552 has been filed in the'U.S. House of Representatives, .which would extend the Interact Tax Freedom .Act moratorium for five .years without · resolving sales and use tax collection issues; and Vv3:IEREAS, legislation has also been filed, S. 512 in the U.S. Senate and H.R. 1410 in the U.S. House of Representatives, entitled the '"In~ernet Tax Moratorium and Equity Act", and is supported by U.S. Senator Bob Gr~am and U.S. l~epresentative Mark t;oley, respectively; and Wlq-~'.REAS, S. 512 and H.P.. 1410 wduld encoUrage states to simplify their sales a~nd use tax systems by giving those states the authority .to collect taxes on goods or s~'vices sold through the interact and de]irc'md in-state, without regard to the location of the seller, provided the states' sales and use tax systems meet specific simplification criteria and the states join a federally authorized Compact; and ': :' WHEKEAS. thC-'City of Sebastian supports the establishmet/t"°fuhifO-~"~fio~ standards and definitions for use by states to simplify their individual tax structures, and supports a mechanism that allows for the collection of a sales tax on remote sales so that states can recoup lost sales tax revenues; and WHERE.. states need the flexibility to set their own simplified state use tax rate that recognizes local option application of,certain sales and use .taxes and meets the resource needs of individual state and local jurisdictions; and WBlgREAS, states need the authority to simplify their tax stmctttre withOut being subject to additional burdensome Congressional Oversight after such tax structure has been established; and WHEREAS, tax-collection software exists to facilitate.the collecti°n of use tax in multiple states with multiple rates and exemptions; and WHEREAS, the City of Sebastian supports legislation that .considers the tax collection challenges of small and start-up businesses when they conduct sales over the Interact, provided the legislation does not include a permanent de m~nlmls exemption from use tax collection requirements for a remote seller of a certain size; and WHEREAS, the 'City of Sebastian supports the efforts of U.S. Senator Bob Graham and U.S. Representative Mark FOley in co-sponsoring legislation that addresses electronic commerce fairness, and urges members of the Florida Congressional Delegation to support legislation that resolves the use tax collection issues in a manner that is equitable to cities. NOW, THE~ORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN: Section 1: That the City of Sebastian supports federal legislation that compels all retail merchants to collect and remit sales and use taxes for out-of-state purchases where such m~es are due. ....... s'6eti~i~' 2] Tl~i the City of S~b,,mtia~'~ises hereby urg8 Congress t°-~end S. 512 md H.R. ]4 lO to give. applicable states and local jurisdictions the authority'and flexibility to collect sales and use taxes for out-of-.smte purchases made wit~iu their jurisdiction. Section 3. That thc City of Seba~au supports federal legislation which would simplify the tax systems of s~atc and loc~ government and which would facilitate the collection of required state and local sales and use taxes from mail order, hternet and on- line sales transactions. Section 4. That the City of Sebastian Opposes any extension of the current moraorim, unless it is linked to Congressional authorization for state 'and local authorities to collect use tax on remote sales; and Section 5. That a copy of this resolution' shall be provided to the Florida Congressional Delegation, the National League of Cities, the U.S. Conference of Mayors, Florida Govemor Jeb Bush, and interested parties. The foregoing Resolution was moved for adoption by . The motion was seconded by Councilmember md, upon b~ing put into a vote, the vote was as follows: Counciknember Mayor Walter Barnes Councilrnember Joe Barczyk Councilmember Kay Coniglio Councilmember James Hill Counciknember Edwazd J. Majcher, Jr. THE MAYOR TI:~REUPON declared this Resolution duly passed and adopted this Day of October 2001. CITY OF SEBASTIA3q, FLORIDA Walter W. Barnes, Mayor ~ttest: Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich SU-inger, City Attorney Subject: A~nual Treasure Coast ' · Council of Local Governments Baxtquet Agenda Iqo. 01. 236 -Department'O$ Date Submitted: 10-04-01 ForAgenda of: 10-10-01. ]~jrl~JI~{t~: Iu~ita~ion ', EXJ?ENDITU~E ]IEQIJIRED: ]AMO~ ~I/DGETlgD: APPROPIII&TION ~QUIE~ED: In an effort to exchange ideas'.and to meet surrounding representatives fromMart~ St Lueie and Okeeehobee Counties, an invitation has been extended to members of ~ 'Sebastian City C°uncil and Charter Officers to attend the Treasure C°ast Council of · Local Governments Annual Banquet,' on Friday, November. 2, 2001, be~nning at 6:00 p..m., at the Radisson Beach Resart, Ft. Pierce, FL ~COMMENDED ACTION Move to authorize reimbursemmat to those City Council members and Charter. Officers attending the Treasure Coast Council of Local Governments AammlB~ onFriday, November 2, 2001, at the Radiss°n Beach Kesort, Ft. P/erce, FL. 'TREASURE ·COAST COUNCIL o~' LOCAL GOVERNMENTS cOul~f~s ,St Lucie CITIES Fart Pierce Indla~ River Shares , Jugite~ Islax~l Okeechobee Po~t St Lucie Sebastian Serf's Poi=~ Vezc Beach Cordially invites You to Attend our Annual Banquet .and Mee ting November 2, 2001 Radisscm Beach Resort 2600 North AIA.. Fort Pierce, ~ 6:00 p.m. Social Hour 7:00 p.m. Dinner Se~ ed Mu~c by .the Sophisica~ 6:3o to 9:30 p.~ Please return P~~~ Form .(enclosed) and your check($ 20.O0 per person) made payable to ~Ire~re ooast Council of Local Governments" .by October 22, 2001 to Lane .Gamiotea, City. of O~echobee, · 55Southeast 3rtAvenue ' Okeechobee, Florida 34974 (863) 763-3372 x 215 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-01-71 - Recognizing October 21-27, 2001 City Government Week Approved for Submittal by: City'Manager Exhibits: R.01-71 Expenditure Required: Amount Budgeted: Agenda No. 0 ~_. 2 2 8 Department Origin: ~ Date Submitted:-1,0/4/01' For Agenda of: 1_0/,10/0~ Appropriation Required: SUMMARY STATEMENT 'ThroUgh Resolution No. R-01-71 express, the City's support for City GoVernment Week. -AdoPt R-01-71 RECOMMENDED ACTION RESOLUTION NO. R-01-71 A RESOLUTION O1~ THE CITY OF SEBASTIAN, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 21-27, 2001, AND ENCOURAGING ALL C1TI~NS TO SUPPORT THE ..................... CELEBI~TION' AND CORRESPONDING ACTIVIT~S; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, city go',,ernment is the government closest to most citizens, and the one with the most direct daily impact upon its re.sidents; and · WHEREASi'citygovernment is administered for'and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, .city g°Vernment officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida'City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAs, this week offers an important oppommity to spread th9 word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and · WHEREAS, Florida City Government Week offers an important oppommity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE BE IT RESOLVED BY TH~ CiTY OF SEBASTIAN: Section 1. That the City of Sebastian does encourage all citizens, city govemmem. officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. Section 2. That the ~ity of Sebastian' does encourage educational partnerships between city government and schools. ' Section 3. That the City of Sebastian does support and encour, age all city. governments to actively promOte and sponsor "Floficla'City Government Week." The foregoing Resolution was moved for adoption by Councilmember The motion was ·seconded by Coun¢ilmember and, upon being pm into a vote, the vote was as follo'wsl Mayor Walter Barnes Councilmember Joe Bamzyk Conne~lmember Ray Coniglio Counciimember James Hill Couneilmember Edward Majcher TIlE MAYOR'THEREUPON teclared this Resolution duly Passed and adopted this .DaY of'Octobex, 2001. CITY OF SEBASTIAN, FLORIDA · Attest: Sally A. Male, CMC, City Clerk Walter Bame&.Mayor Approved as to form and legality for the Reliance by the City of Sebastian only: Rich SU'i.uger, Att0mey City of Sebastian, Florida OFFICE OF .THE-cml, .A~O~ET-- , AGENDA TRA.NSS/II'I~AL O1.173 Agenda No. Subject: Ordinance O-01-23; Parks & Recreation Committee Dat~ Submitted: 10/4/01 For Agenda of: 10/10/01 SUMMARY: Pursuant to Council direction, this Ordinance dissolves the permanent recreation committee under Chapter 2 of the Code, to be replaced by a temporary committee. RECOMMENDED ACTION: At Council's discretion -- ' MOve to adopt Ordinance O-01-23.. A~~ AUTI:IOI~IZED PLACEME~ ON AGENDA BY CITY MAN ORDINANCE NO:"' O~0~-23 AN ORDINANCE OF THE CI'I'~ OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, REPEALING CODE 'OF 'ORDINANCES ARTICLE Vi. DIVISION 3, RECREATIONAL ADVISORY BOARD, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FoR AN EFFECTIVE DATE. WHEREAS; the Recreational Adviso'ry Board has not met in over one year; and WHEREAS, City Council conducted a workshop on.AuguSt 2'2, 2001 to discuss the role Of the Recreational Advisory BoaTd; and 'WHEREAS, subsequent to the Cit:y Council's discussion, the CitY Attorney was directed to bring back iangua'ge repealing existing language relative to memberships; and '" ' ' WHEREAS, the City Attorney_ advised that City CounCil could adopt a Resolution to form a .temporary Recreation Committee with different membership requirements to allow time for determination of the function of the board and then establish a new Recreation Committee by ordinance at a later date. NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE ClT~ OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Repeal of Existing Language. City of Sebastian Code of Ordinances Article VI., Division 3. Recreational Advisory Board, Sections is. repealed in its.entiretY an~ reserve~. v.,.i~,.~.l~ll~.~., k.,/I LII~ I IIl~llV, dl~f II~llll[~ Pa~¢ -2- .Section 2. 'CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. sectiqn.,3. SEVERABILITY. in the eVent a court of competent jurisdiction shall hold' or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not .be affected and it shall be 'presumed that the. City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional proVision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE.. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by CoUncilmember and, upon being put 'to a . vote, the vote was as follows: Page -3- Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember-Edward J. Majcher, Jr. The 'Mayor thereupon declared this Ordinance duly passed and adopted, this ,2001. .CITY OF SEBASTIAN, FLORIDA __day of A'i-rEsT: Sally A. MaiO, CMC City Clerk By: . Walter Barnes Mayor Approved as to'Form and Legality for Reliance by the City of Sebastian Only: Rich Stringer, City'Attorney .' Page -4- ,. City of Sebastian, Florida Subject: _An x)rdinance adopting an,~ :...~_ _. amendment to the land development code by implementing townhouse development regulations. Agenda No. 0..! ~ 2 3 7 D~artment Orig~kj~;t:ro~ Management Tracy E. Hass4 [ ~ for .Sub/~.~ date Submitted: October 1, 2001 v Ag n& ..... of: 0, 200a Exhibilm: Ordi~e No. O-01;24, minutes from 9/20/01 p!anp!pgmdz0mg me~g. EXPEND1TLYRE AMOIJNT BUDGETED: APPROPRIATION KEQ~D: None REQ~D: None None " SUMIMARY Although we like to believe our laud development code is complete and not in need of modifications, unfortunately situations arise, which force us to realize changes are necessary. More specifically, we have received Several inquiries from property owners and developers' concerning townhouse development. Upon examination of the land development regulations, it was discovered that the. City does not have specific guidelines regulating development of such facilities. Currenfly there is One townhonse development within the City, and staff has been unable to determine exactly how the site plan was reviewed and ultimately approved. Hoping to avoid having to scramble to 'find appropriate regulations, staff opines that it is appropriate for the City to implement development guideIines, so as to provide proper control of such development. The following zoning text .amendment amends subsection 54-2-5.2.4 of the LDC concerning multiple family residential (KIVi-8) developments. Subsection E: Dimensional Regulations.. (for townhouse development) has been added to farther clarify development regulations pertaining to townhouses. The Plm'%ing and Zoning Commission held a public hearing and reviewed the proposed Ordinance at a regularly scheduled meeting on September 20, 2001. Within the proposed text amendment 'you will see (in parenthesis and boldface) certain modifications as recommended by the planning commissioners. RECOMMENDED ACTION Hold first public hearing and Schedule a second public hearing and adoption hearing for October 24, 2001. .QRD ~INANCE NO. ~)-'0~224 .... AN ORDINANCE OF Ttl2E CITY OF SEBASTIAN, FLORIDA,, AMENDING TIg[E LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2.5.2.4Jt MEDIUM DENSITY MULTIPL~ FAMILY RESIDENTIAL (RM-8), USES PERMITTED, AND FOR Tl:l]g ADDITION OF SECTION 54-2-$.2.4.E DIMENSIONAL REGULATIONS (FOR TOWNHOUSE DEVELOPMENT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ltERE~TH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC~ DATE. W-IIEREAS, the City of Sebastian has pm-existing townhouse developments within the City and such developments are a commonplace residential style within the general area; and WHEREAS, .there is no actual provision for townhouse development within the City Land Development Code; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on Septernbe~ 20, 2001, and that body (subject to minor modifications) recommends approval of the Land Development Code amendments herein; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, TI:/EREFORE, BE IT ORDAINED BY Tl-m~-CITY COUNCIL OF Tr-m~ CITY OF SEBASTIAN, IIqD~ RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-2-5.2.4 of the Land Development Code, City of Sebastian, Florida, MEDIUM DEN$JTY MULTIPLE FAMILY RESIDENTIAL (RM-8), is hereby amended as shown in'the attached Exhibit "A", which is hereby incorporated by reference. Section 2. CONFLICT. All ordinances or parts, of ordinances in. conflict herewith are hereby repealed. " .Section 3~" SE~RABIL1T~.-"qn the ~vcnt ~-Co~ ~'~mp~'~s~cdon sh~l dete~ne ~at ~y p~ of this Ordnance is inv~ the rem~n~r of ~e ~ce sh~ not be ~ezmd ~d it sh~ be pmsmed ~at ~e Ci~ Comcil of ~e CiW of. Seb~fim ~d not intend to enact such ~v~d or unconsfimfion~ provisions. It sh~ ~er be ~sumed ~at ~e Oty Council would have enacmd ~e mm~n~r of ~is Or~n~ce wi~out s~d inv~d.or uncons~mfion~ provision, ~emby earning s~d reminder to rem~n in ~1 force ~d effect. Section 4. E~CT~ DA~. ~s ~n~ce sh~ become effective i~e~ately. The foregoing. Ordinance was moved for'adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, MaYor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance November, 2001. duly passed and adopted this 14t~ day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of 'Sebastian only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney SUBSECTION 54-2-5.2.4: A. "EXHIBIT A" MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (P,M-8) INTENT. The RM-8 district is established to implement comprehensive plan policies for mauaging primarily duplex cud multiple family developments on land designated for medium density residential development. B: :" :: :"- USES 'PERMrrTED Single family dwellings Duplex dwellings Multi-familY dwellings C. CONDITIONAL USES Foster Care/Group Homes with > 6 tt.esidents Child Care Services Cultural or Civic Facilities Schools, ?ublic or Private .... Golf Courses and S~pport Facilities Bed and breakfast Foster Care/Group Homes w/th <6 Residents Townhouse development Accessory residential uses Nursing Homes Churches Utilities, public and private Parks and ~ecreation, public Protective and emergency services, public Model Homes Accessory uses to conditional uses D. DIMENSIONAL REGULATIONS (excluding townhouse develoo_ment) 1. Maximum Density: 2. Maximum Height: Shall not exceed eight (8) units per acre. 35 feet (25 feet for properties East oflmdian Kiver Drive). 3. Lot Coverage and Open Space: Maximum Building Coverage: 40% Maximumlmpervious Surface: 50% 4. Lot Dimensions: Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: 5. Milfimum Setbacks: Yard Minimum Open Space: 55% 10,000 square feet 80 feet' 100 feet All development must comply with requirements for setbacks from wetlands and open waters established in Section 54-3- ll.I(C). Setbacks 1 storX 2 stories Front 25 25 Rear 25 25 Side (interior) 10 15' Between residential structures on same lot 20 20 * Plus one (1) foot for each additional two (2) feet in height above twenty-five (25) feet Minimum Living Area: Single Family Dwellings: The minimum floor area required for a single family dwellfiag, exclusive of pomhes,..terraces, attached garages, carports or -' ..... -'- .............. -' other uti~ne]0sed areas, 'shall be nine 'flunked (900)~quare feet. Duplex Dwellings: 750 square feet per unit. Multiple Family Dwellings: II I III IIIIIIIIIIIIII II Ill .REQIYIRED NIINIMUM L1N'I~G AREA IN MULTIPLE DWELLINGS TYPe Dwelling/# Bedrooms B~ciencies One Bedroom Units Two Bedroom Units Three Bedroom Units Eac'~ Additional Bedr°oms. Bedroom Required # of Square l~eet ' 600 700 850 1~000 lO0 Sq. Ft. per Additional Bedroom Requited Accessory Structures: Every single family and duplex dwelling unit shall be required to provide a garage or carport. If a ca.t'Pon or similar unenclosed vehicle storage structure is provided then each unit with~ the principal smtcture shall containa fully enclosed utility storage area of at least sixty (60) square feet, which shall be designed as an integr~ part of the principal structure. If a fully, enclosed garage is provided, then no utility structure Shall be mandated. The garage or Carport shall have a minimum interior clear dimension often (10) feet by twenty (20) feet. D~Ns, IONAL,'I~E, GULA. TIONS (for townhouse develooment) 1. Ma~im,~m DensitY: Shall not exceed eiuht (8) ~.t.~_ver acre on overall site,. Individual lots (uni,ts) sh .all. not exceed eight (8) ~ts per t~rimarv building or structure.* Maximum Height: *For sites of record containing a hiuher density, the designated Comvrehensive Pl~densiW shall av~lv. 3.5 ,f.e. et (25 feet forproperties, East qf,.Indian River Drive). (35 feet west of U;$. 1 and 25 feet east of U.S. '1) · Lot Coverag.e. and O~en S~ace: Ma.~r~m B..uilding Coverage: 40% Ma~m .urn Impervious Surface: 60% Minimum Oven Snace: 40% (55%~ 4. Lot Dknensiom: 6~ 7. Minimum Lot Size (r~rior to vlattin~): Minimum interior lot size within a Site: M/nimum Interior Lot Width: ~imum Interior Lot Dc~th: 1.87.5. square feet 25 feet 75 feet All develovment must com~l¥ with reauirements for setba¢~ from wetlands and preen waters established_in_.. Section 54-3- Minimum Setbacks: Yard Setbacks Front 25 Rear 20 Side 10 · Side (interior) between buildings 5 (15) Minimum Living Area: 900 sonare feet Reauired Garages: Ever~ townhouse unit shall be .required to provide a .garage... The garage or carport shall have a m/nimum interior clear ,,dimension of ten (.!'0). feet by twenW, (2, 0) fee!,, .. Special Regulaffg~; Access. All dwelliu~ units shall have acces, s to a public .~...tre. et: either dkectlv or indirectly via an approach, private ,,r, qad~ or other area dedicated to ~ublic or nrivate use or common easement mmranteeine acce,s.,s,., The city ~hal!..be allowed access on r~rivatel¥ owned roads, easements, and common oven space to ensure r~ohce and fire protection of the area meet emerg,e,.ne¥ needs, conduct city services and ~enerallv ensure the health and safety of the residents of the develovment. Unified ControL Tifle'to all land within a propos,ed,,,Site shall be oWned or controlled bv the developer/owner submittin~ the,.,,, applications fo,,r., the development.,.,, For purposes of.this secti0n~ the term "c.,o, jatrolled b¥',L.sha, ll mean that the developer have the written consent of all owners of the vroperW~ w/thin the t~rovosed site got owned bY the developer. The consent shall contain a' notarized statement ~at the develor~er is authorized to rer~resent the oWners in the submission of an under the provisions of this section and that the .o.wners shall ameto be bounrt by the decision of the city council if the avvlicatio, n, is approved. c. Development Standards. The ,mjnimllm construction requirements for streets or roads, sidewal~. ,, utilities, and drainag.e,,,,shall be in eomnlianee with city standards, Common Oven Svace. All vrivatelv oWned common oven space sha!l conform to its intended use and remain as exvresse_d, in the final fleveloVment plan ,,.t~,.,ough the inchsion in all deeds of am~rovriate restric, ti,0ns to ensure th,at,,,the common op..,en space ispermanentl¥ preserved according to the.final development nlan, Such deed resixi0,,U.,'ons ,s,h.,al.,1 ,,,,,run with the land and for the benefit of present as well as future property owners and shall contain a prohibition a~ainst l~artifion, All common· '3 space, as well as ~ublic and recreation~._fac, ilities, .shall be_s.~ecificall¥ included in the development schedule and be constructed and fully 'n'n~roved by the developer at au ec~uivalent or ~eater rate than the construction of residential structures', The developer shall establish an association or nonprofit corporation of ali individuals or corporations ov~i~g l~roperties withi~ the development to ensure maintenance of ali co ,m.4n, on open space. The..aSso. ciation or nonprofit corporation shall conform to the "- .... f'olld~'infz'reauirements:"" ---"" ............ '"':" The devel0~er shall estabhsh the association or nonprofit comorafion ~rior to sale of an¥_!o, ts..._Control of all common often mace and recreation facilities shall be passed to the association when occupauc'~ permits for 80 percent or more of the residential units have been issued. Members.him in the association or nonprofit corpOration shall be mandatorf, for all resid,,e, ntial property owners within the development~ and such association or comoration shall not discriminate in its members or shareholders, The association or nonprofit comoration shall manage all common open space and recreational and cultural facilities~that are not dedicated to the tmblic: shall provide for the maintenance, administration and operation of such. land and an-f other land within the development not pubhcl¥ or privately o ,w~. e, .d,, [,, and,,,,s,,hall secure adequate liability ,insurance on the land, The title to all residential pro~ _ertv owners shall include an undivided fee simnle estate in all common open space or and unrestricted easement for the use and eniovment of the common open space. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING. OF SEPTEMBER 20, 2001 to changed his vote to a "yes" vote. Chron. Mather noted that the entire matter must be brought back by the entire Board. MOTION by Smith/Monier I make a motion to reconsider the previous motion to approve.the site plan for the installation and conStruction of the 'communication tower at 64~ Avenue (Park Place Mobile Home Park) including the two (2) conditions in the staff repot[. · Roll call! Mr. Mahoney ' - yes Mr. Barrett - yes Mr. Svatik(a) - yes Mr. Smith - yes Ms. Monier(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 7 - 0. Motion carried, MOTION 'by Smith/Monier(a) I make a motion to approve the site plan for the installation and construction of a communications tower at 64th Avenue, Atlantic Coast Communications Tower location in Park 'Place PuD, .including .the two (2). conditions in the staff report. Discussion: tower and he doesn't even notice them anymore. 'Roll call:. Mr. Mahoney - yes' Ms. Carbano - yes Ms. Monier(a) - yes Mr. Mahoney Commented that he lives near Florida Power ant Light main Mr, Barrett -.yes Mr. Smith - yes Mr. Svatik(a) - no Chmn. Mather - yes The vote was 6 - 1. Motion carried. · Recommendation to City Council - Land Development Code Text Amendment - Section 54-2-5.2.4 - Dimensional Regulations for Townhouses Tracy gave staff presentation on developing regulations to govern townhouses since his department has been approached bY several interested parties. He noted that the only townh, ouse community in Sebastian is River Oaks, and there are no records on how the site plan was reviewed.. By .reviewing some 'regulations from nearby communities, the proposed guidelines for construction and sale are presented to the Commission' tonight for their input. He noted that under present codes, a new multi-family facility of townhouses built in Sebastian could not be sold as individual units. He commented that this. proposal would allow the creation of a condominium or common ownership organization association and it would be responsible for all of the development and maintenance of the common open areas, He indicated that the first portion is very PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2001 similar to the current RM-8 zoning district for m~lti-family zoning, and the proposals on the last few pages are new, some from RM-8 and some from townhouse regulations fr.om Satellite Beach, FL. Mr. Barrett commented on the minimum square footage of 600 sq. ft. Tracy responded · that only the minimum square footage for single~family homes had been increased. Mr. Svatik(a) brought up the quality factor. Tracy responded with information about "affordable housing" and the need for this element in Sebastian to comply with Federal guidelines. He noted that architectural features and aesthetics can be influenced by this .Commission, but a variation of sizes needs to be-made available. Mr. Mahoney asked if there was a pressing need for townhouses in Sebastian at this time or is this decision to satisfy developers. Tracy responded that by implementing specific regUlations, it will avoid a site plan having to be qualified under codes that do not fit the use. Mr. Mahoney suggested telling developers that they just can't build them here. Tracy responded that he couldn't do that; and the site plan would be grouped under the present multi-family zoning category. Mr. Mahoney responded that his (Tracy's) job is to tell the developer "no, you can't build it here. Period." Tracy responded that he couldn't do that. Mr. Mahoney asked why he Couldn't? T. racy responded that it would.then be grouped under the multi-family zoning category, and he would .have to permit that, He said that he cannot just arbitrarily deny something because there aren't specific guidelines because it is not a prohibition within our code, it's .an actual lack of regulation within the code. Mr. Mahoney responded that.his feeling is that if a developer can't make enough money building eight units per-acre, he should go someplace else. Tracy responded that that has nothing to do with it -this 'iS eight u-nits per acre as well. Mr. Mahoney responded that this. text is allowing more impervious surface, less open space than you would have in a trailer park, and this is going to be thirty-five (35) feet · high. Tracy responded that this is no different from the existing'RM~8 zoning regulations. Mr. Mahoney replied that yes, it is. He indicated this proposal is allowing a five (5) feet interior displacement between buildings on the interior. Tr. acy responded that he may disagree, .but .this is something that, before long, we're going to see someone submitting an application, and we're going to have to have' regulations in place to guide us when reviewing these. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2001 Mr. Mahoney: Well, if the Board will indulge me, l'd like to give a little history of River Oaks and how that came to be. They submitted a plan back in '81 or '82 where.we didn't have a..G.rowt_h' .M...a. nagement to act, we didn't have Land Development Code. 'What ~ve'-h'ad essentially were fsi~r or five sheet's'with parking an8 landscaping on it. The rest was "submit a sketch and maybe we'll approve it". We turned them down. They came back again, sat there in the front row with their wives, holding little babies and they were pleading with us, 'please approve this, we're going to lose our funding, we won't be able to build it, and we're, going to be ruined financially'. We.were'more naYve back then, we said okay, go ahead, and then they took the .land across from indian River Drive and used that to compute their open space; If you looked at the GMC(I_DO), you'll see there's a prevision in there, non-residential 'land' may 'not be used in computing · residential density, and that's.the .reason it was put in the code, specifically for River Oaks. About the same time we were talking about putting in an asphalt botching plant on' U.S. #1. And there was such a public, uproar that they had to pull that. And I suppose if they had 'the Sebastian plant in there we'd be saying, 'well, we've, got one, we've gotta have more, .we just gotta allow them'. I mean, just the fact that some developer wants to p-ut in townhouses doesn't mean that this city has to roll over and let them do it. Tracy.responded that that is not the case. Ann Brock, the secretary asked'to speak on this item, and none of the Board members · had any objection. She spoke for older residents and single residents of Sebastian who don't want a single.family home anymore because of expense in both money and physical labor. She 'indicated :that.there is very little alternative available in Sebastian between'a single family home, and Grace's Landing'that has a long waiting list and strict income criteria to meet. She repeated that there is not much in the middle for residents who already live here.' She noted the height limitation that will control tall apartment buildings, and the fact that .there is very little difference between a condo and a townhouse. A townhouse provides another choice for people that choose to live in them rather than in a single family dwelling. Several Board members.commented agreement, and Mr, Mahoney indicated that he could accept Ann's extraordina~ advocacy, but he still opposed it and didn't see any reason for it (townhouses).. Mr, Mahoney. commented that if you look at the provisions in here, you'.re talking about 'shall not exceed eight units per primary building', and asked what is that secondary .building. You're going to have more than eight units per acre, you're going to have a secondary buildi.ng. Tracy responded that no, each building will be a primary building, each building that is separate from another building becomes a primary building. Mr. Mahoney commented that 'he doesn't think it is very trustworthy language, to be honest. He doesn't trust this 'eight unit per primary building & .structure'. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2001 Tracy responded that Commission members might want to make recommendations for changes, that's what this process is all about. 'Mr. Mahoney' oommer~ted'- that 'biAximum" building cs're'Cage--i~:":z~0%-; maximum impervious surface goes from 50% to 60%, from RM-8; minimum open space goes.from 55% to 40%, from RM-8; now we're whittling it down all the time, We're saying 'let's have more open space", but we're going back to 12 units per acre, which we took Out of the code. Tracy responded that staff is trying to provide regulations with flexibility within the code, trying to be pro-active here. Tonight he. said he will take full blame for not having a telecommunication ordinance and falling into this situation that we did tonight. At the same time, staff is trying to be pro-active and provide regulations for something that they foresee happening in the future., before it happens, so that they can have the guidelines . and can review these properly. He commented that if you'don't agree with them, please give him recommendations so that he can make changes. Mr.'Mahoney responded that maybe he shouldn't have them. His feelings are, why should it happen? Why do we have to turn it into a Ft. Lauderdale because some 'developers want to build? Tracy respo'nded that this will be jUst like earlier - if someone were to come in today with a 'townhouse development, he would have to review that. under the. RM-8 zoning 'regulations. Mr. Mahoney asked if he would allow a five foot spacing between the walls? I mean on the interior of the property, side and interior between buildings, 5 feet? That's an interior separation, 5 feet? Tracy responded that this a diversity, this is something different,, we have specific guidelin.es for each. zoning district. This is a .different zoning, so we're ali'°wing different zoning regulations. '..' Mr. M.ahoney responded that when you're talking about RM-8, you're talking abOut Commercial General, your' talking .about Limited Commercial which, essentially, we do not have now, but there's Commercial General all the way up U.S. #! and we can. see these rabbit warrens being built all along U.S. #1. it just doesn't comport with our .community and he always felt that we were a community apart, that ~ve didn't have to follow what other communities do and wind up with the air pollution and the traffic congestion and everything else, he thought we could say 'hey, let's be different'. Tracy responded that we are different, but we are in need of this type of housing. As a renter for the period of time that he has been here, he saw that there is a lack of units such as this, that many people 'especially his age,' would love to have, and there are more and more young families moving to this community who would benefit from this type of housing and it's going to happen. What he is trying to do is to provide some regulations so there is a guide when reviewing these. PLANNING AND ZONING COMMISSION MINUTES OF REGU[_AR MEETING OF SEPTEMBER 20, 2001 Many voices speaking at once. Chmn. Mather noted that what Bill is saying is these regulatio, n..s..aren'.t.as' s_t.r.i_ct__as~ et'l~er f,e-g~lation.~. ' ..... : ............. Mr. Mahoney commented "absolutely". Tracy replied that it's a different type of use. Chmn. Mather commented that he understands. The question really is the justification for why we are relaxing requirements for open space. Tracy responded that typically, as any townh°use or condominium association development, these are the types of regulations that you have in place.' You don't have · your typical multi-family guidelines, but you have buildings that are closer together, you have common open space 'that's .usually a.t the rear or the front, not. between buildings. _ That's kind of what we are looking at here. We are still going to have the open space, it's just going to be separated 'from the building in the rear or the front as opposed to being between them. We are not going to try to allow an industrial type development where you're going to see 50.to 7'0% building coverage on a lot. Chmn. Mather commented that the question is - t°wnhouses,, he agrees, we need to have regulations to regulate them, but he thinks the question really is - we have 55% minimum open space 'in .RM-8, and we've got 40% with townhouses, i.f they have their space in the front and back, why shouldn't they also have 50% as opposed to 40%. TracY responded that townhouses and condominiums are a more intensive use of property, typically, and that's why these guidelines are written with less open space and greater building coverage. If the Commission doesn't.like that, tell him how they want.it. changed. He noted'that the reason' he presents zoning 'text to this commission is for .their recommendation. If they don't agree with staffs recom.mendations, they give their recommendations and he makes the appropriate changes and takes it to City Council.. Chmn. Mather commented that the only question he'really has is why should we keep the open space, because he thinks the open space is what makes the community and he thinks We should go back to the open' space. He has no problem with the rest. of it. Tracy responded that if that's the way the commission feels, he'll change that figure. Mr. Smith commented that he agrees completely with Bill on this. He lived' in a townhouse condominium unit and had plenty of property front, rear and sides, with five units joined together, and had plenty of space - 30 feet between each group of buildings. They were very, very nice, and he doesn't see why .we couldn't adhere to something like that and still accomplish what staff wants, and noted there is a definite need for here. But he doesn't approve of the five foot. He commented that it is' ludicrous, and agreed completely with Bill Mahoney. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2001 Tracy responded that he can certainly .agree with that, and basically what.he brought here tonight, is just from his survey of other communities' codes. He indicated it wasn't just something that he threw out of his head. He noted that we don't have to do what sorhebod~/--else does, this -is -just'a guideline that 'he used -to follow to present to 'the ............ Commission this evening. If members agree that they want to go to 10 feet between buildings';-then that's what we'll do. Mr. Mahoney gave calculations from RM-8 that would give 15 feet between buildings in this instance. Chmn. Mather summarized by saying that the CommisSion would like to See '15 . feet between buildings and 55'feet(%) for open.space. Ms. Monier gave an oPinion based on her experience, and recommended individual language for townhouses, condos, and row-houses, and agrees with the aesthetics. She 'also recommended more open space in order to keep the units per acre affordable. She also spoke of these types of units in the Riveffront District. Mr:, Barrett posed a 'question on possible conflict with the Riverfront Overlay District regulations if the height of these subject units were restricted to 25 ft. east of U.S. #1 and 35 ft. west of U.S. #1. Tracy responded that height regulations are established By the LDC, not the overlay district regUlations, so, no, it wo. Uld not be in conflict. There was .discussior~ that the height could be set in the townhouse/cond° regulations that would be different from other structure heights in the City, but ?racy noted that. he would have to check on the legality of this. Mr. Barrett suggested that this 'Code Amendment should probably be held till the legalities are checked for discrimination and conflict. The issues of h~ight, building distances, impervious areas· seem to be the issues of controversy. There was also a discussion on the requirement of a garage and/or carport. Mr. Mahoney again voiced his opposition to this type of housing and did not agree that it is needed. 'Tracy furnished information that showed that Sebastian does not have its share of affordable housing. Ms, Monier was not in favor of a garage or carport on the front or back, from an aesthetic standpoint. Tracy responded that according to code, all single family and multi-family structures shall have a garage or carport. 13 PLANN'ING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2001 MOTION by Mahoney I make a motion that we involkate(?) it back to our administrators for some kind of emendations and '-reapplication to 'Plan~ifig--anS"Z6~ing'' a6d' s~e if theY' Can make some corrections to it, some emendations, and then bring it back before US. Tracy noted that the .Commission should tell him exactly what changes they want made. Chon. Mather indicated page 2. - 55% (open space); page 3. - Yard side (between buildings) 15 feei;, item 7'. reqUire carport or garage; Tracy will check on 25 ft. height east of U.S. #1 and 35 ft. height west of U.S. #1.. Mr. Mahoney asked for his motion to be read. back and the secretary responded that she could not hear most of the motion and would rely on the tape recording for the wording. MOTION by Mahoney/Smith I would make a motion that.we return it to Staff for further emendations with the modifications on the interior separation of buildings and other changes as noted. Discussion: Tracy suggested that instead Of sending it :back to staff, he would prefer.to have it sent to Council with the suggested modifications. Chmn. Mather indicated that the Commission could do that, but staff has al~o been asked to check the modification on the 35 ft. to 25 ft. Tracy responded'that this change will 'be made accordingly and approved ~vith the City .Attorney. Mr. Barrett also commented that it can be contained in the above motion .at a U.S. #1 split between 25 ft. and 35 ft. height, and 'if the City Attorney says it cannot be done in that manner, it can be changed back to the Indian River Drive split and sent to Council. Mr. Mahoney again noted that the maximum building coverage, maXimum impervious surface and.minimum open space should be the same as RM-8. This was already noted~ Tracy summed it up by saying that the Commission wants the majority of RM-8 as far as the development' guidelines, with special regulations implemented for the condo associations. .. Mr. Mahoney also commented.that the interior separation should be the same as in RM- 8, and if the developers can't make money with RM-8, let them .go down to Ft. Lauderdale. Chmn. Mather commented that Tracy is right, .that guidelines are needed for townhouses and need to be in place before the first request comes in. At this point, .Mr. Smith withdrew his second' on the motion, and .Mr. Mahoney withdrew his motion, 14 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2001 MOTION by Barrett (as stated by Chmn. Mather)/Smith I recommend to City Council that we go .with staffs recommendation_._with. the ........... following changes: ~inimu'm of open Spa~e' t6 55%~ the in(erior separation to be 15 fl:, that it be reviewed for the maximum height of 25 ft. east of U.S. #1 and 35 ft. west of u.s. #1, to be reviewed by the Attorney. Mr. Ma. honey asked that the motion be read back and it was done. Roll call: Mr. Mahoney - yes Mr. Barrett - yes ., Mr. Svatik(a) - yes Mr. Smith - yes Ms. Monier(a) '- yes Ms. Carbano - yes Chron. Mather - yes T'he vote'was 7 - 0. Motion carried. CHAIRMAN MATTERS: MEMBERS MATTERS: None Mr. Mahoney inquired about the Red Garlic Bistro and the parking on the east side of Indian River Drive. He likened this situation to the parking situation that existed for the air boat business, with no handicap parking, no wheel stops, and not an approved surface, Tracy responded that he was notified of this site, DEP was also notified and requires stabilization. He noted that parking was approved for the previous business, Taste of' ' Philly, but was never improved, and was used for employee parking. Mr. Mahoney disputed the previous parking approval, and Tracy responded that some issues would be Code Enf. ercement, but.his.Department is dealing with it currently. Mr. Mahoney asked if a stop work order could be issued. Ms. Carbano inquired about the activity at the Charter School with the concrete trucks. Tracy described the'permitted work being done. DIRECTOR MATTERS: A'I-I'ORN EY MATTERS: None Not present. Chmn. Mather adjourned the meeting at 9:17 P.M. AB)