Loading...
HomeMy WebLinkAbout10102001SElu IIAN HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 10, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 01,224 Councilmember Barczyk called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence in memory of the September 11, 2001 terrorist attack. ROLL CALL City Council Present: Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio City Council Absent: Mayor Walter Barnes (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Records Specialist, Jennifer Maxwell INVESTITURE OF NEWLY APPOINTED COUNCILMEMBER RAY CONIGLIO The City Clerk swore in newly appointed City Council Member Ray Coniglio, who then took his place on the dais. Regular City Council Meeting October 10, 2001 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) None. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.226 "United We Stand Month" - October, 2001 - In commemoration of the incredible rescue and recovery endeavors as a result of the Tuesday, September 11, 2001 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. Mr. Barczyk proclaimed October 2001 as United We Stand Month. 01.227 B. National Arts and Humanities Month Proclamation-Kathy Khy .and Joy.ce Levy A.c. ceDtin(~ Mr. Barczyk read and presented the National Arts and Humanities Month Proclamation to Joyce Levy. 01.228 C. Excha..n.qe Club Proclamation - Jan Simberlund AcceotinQ Mr. Barczyk read and presented the Exchange Club Proclamation to Jan Simberlund. 7. CITY ATTORNEY MATTERS The City Attorney said he forwarded a revised property agreement to the Chamber of Commerce for their review. 01.157 A. Clarification of Parks & Recreation Impact Fee (O-01-15) The City Attorney clarified recreation impact fee Ordinance No. O-01-15, emphasizing the City is not allowed to use this fee for deficit in parks. He also stated our Comprehensive Land Use Plan has an abundance in levels of service requirements, and the North County's plan for two pools and a park meets the City's service requirement. The City Attorney also said he had met with the Treasure Coast Builder's Association relative to their concerns. 2 Regular City Council Meeting October 10, 2001 Page Three 8. CITY MANAGER MATTERS The City Manager further discussed staff's meeting with Treasure Coast Builders' Association regarding the recreation impact fee and distributed materials written by consultant Paul Tischler at the meeting. 01.239 A. Citizen Day/Open House October 25, 1-4 pm The City Manager then announced Student Government Day on October 24, 2001 and City Hall open house on October 25, 2001 during City Government Week, at which there will new voting equipment for the public to try out. 9. CITY CLERK MATTERS The City Clerk announced she would be away on Thursday and Friday at the International Institute of Municipal Clerks seminar in Palm Beach Gardens, and reported on the Make a Difference Day Food Drive by City staff, noting a box for donations of non-perishable food would be located in Council Chambers for the October 24, 2001 meeting if anyone attending from the public would like to contribute. 10. CITY COUNCIL MATTERS 01.229 A. Mr. Barczyk Appoint Mr. Coniglio to Economic Development Council and Tourist Development Council (Liaison List) Mr. Coniglio accepted the positions on Economic Development Council and Tourist Development Council. The City Manager gave a brief update on the arrival of the City clock which will be delivered within the next few weeks and will further update Council in his newsletter on Friday. Mr. Barczyk noted a display of proposals for County redistricting at the side of the room, and announced County Commission meetings on October 16 and 23, 2001 on redistricting. Mr. Barczyk stated that next two phases of installing the County waterline which began October 8th and he hoped the City is following up with the County because City swales have been ruined in the previous phases. Regular City Council Meeting October 10, 2001 Page Four 11. 01.230 01.231 01.232 01.233 01.234 B. Mr. Hill Mr. Hill reported on his trip to Tallahassee with the City Manager and Mr. Butt Jones, stated the City's grant was so solid there were only two questions asked and commended staff on the application. C. Mr. Maicher Mr. Majcher extended thanks of Lt. Mark Daniels, Dennis Molletti of Indian River County Fire Department and the Local 221 to the City Manager for allowing collection of donations on CR 512 for the September 11, 2001 relief fund. D. Mayor Barnes Absent E. Mr. Coni.qlio None. CONSENT AGENDA All items on the consent agenda are 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 acted upon separately. Request for Rental of Community Center for Gonzalez Wedding Reception NB (City Clerk Transmittal 10/2/01, Application) Bo Approval of Vero Beach/IRC Annual Halloween Parade (City Manager Transmittal 10/1/01, Letter of Request) C. 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) 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 Display (City Manager Transmittal 10/1/01, Proposal) 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) 4 Regular City Council Meeting October 10, 2001 Page Five 01.235 F. Approve Resolution No. R-01-70 Urging Congress to Provide Electronic Equity that Assures Out-of-State Vendors Collect and Remit Sales and Use Tax for On-Line (Finance Transmittal 10/3/01, R-01-70) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING CONGRESS TO PROVIDE ELECTRONIC COMMERCE EQUITY BY ADOPTING LEGISLATION THATASSURES OUT-OF- STATE VENDORS COLLECT AND REMIT STATE AND LOCAL SALES AND USE TAXES WHERE SUCH TAXES ARE DUE. 01.236 G. 01.238 H. Authorize the Reimbursement of Council and Charter Officers Attending the Treasure Coast Council of Local Governments Annual Banquet on Friday, Nov. 2nd, 2001 (City Manager Transmittal 10/4/01, Invitation) Approve Resolution No. R-01-71 Recognizing City Government Week, Oct. 21-27, 2001 (City Clerk Transmittal 10/5/01, R-01-71) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 21-27, 2001, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. Mr. Majcher removed item E and Mr. Coniglio removed item D. MOTION by Hill/Majcher "Move approval of consent agenda items A, B, C, F, G, and H." ROLL CALL: Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 4-0 Item D Mr. Coniglio asked, because U.S. 1 businesses decorate so nicely if some lights could be moved off US 1 and moved back toward the park for Winter Wonderland as in the past. The City Manager stated that he would relay this message to Clark Sales Display and report back to council. MOTION by Coniglio/Hill "With those modifications I move that we pass Item D." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent MOTION CARRIED 4-0 Regular City Council Meeting October 10, 2001 Page Six Item E Mr. Majcher expressed concern that there was only one bid and for the cost of the radios, The Finance Director stated Communications International is the sole provider of these radios, and that this is a decrease since the City originally purchased the radios four years ago, MOTION by Majcher/Hill "1 make a motion to pass consent agenda item E." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye MOTION CARRIED 4-0 12. PUBLIC HEARING 01,173 Public Hearing for Ordinance No. O-01-23,. Repealing Recreational Advisory Board LanQua.~e - (City Attor.n._ev Transmittal, O-01-23) 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; PROVIDING FOR AN EFFECTIVE DATE. Mr. Barczyk opened the public hearing at 7:33 p.m, and the City Attorney read Ordinance No. O-01-23 by title. The City Attorney briefly explained the ordinance. Mr. Coniglio suggested allowing non-resident business owners in the City to serve on boards. Being no further input, Mr. Barczyk closed the public hearing. MOTION by Hill/Coniglio "1 move to adopt Ordinance O-01-23." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - absent Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 Regular City Council Meeting October 10, 2001 Page Seven 01.237 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 Re.qulati_o..ns, Schedule Second Public Hearing 10/24/01 (GOD Transmittal 10/1/01, 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'I-I'ED, AND FOR THE ADDITION OF SECTION 54-2-5.2.4.e DIMENSIONAL REGULATIONS (FOR TOVVNHOUSE DEVELOPMENT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Mr. Barczyk opened the hearing at 7:35 p.m. The City Attorney read Ordinance No.O-01-24 by title and explained that staff recommendation is for 40% minimum open space and 60% maximum impervious surface in which patios, parking areas, and driveways do not count as open space. He said Planning & Zoning felt that 45% impervious surface would be sufficient, but for the developer to include patios and driveways, the lower ratio virtually encourages two story development. Being no public input, Mr. Barczyk closed the hearing at 7:48 p.m. Discussion continued and the City Attorney further advised that the maximum height limit for multi-family is 35 feet except the 25 foot limitation for the east side of Indian River Drive. He said Planning & Zoning recommends that the height limit should be 25 feet for everything east of U.S. 1 to protect the vista from U.S. 1. He further recommended that if the height limit is amended as recommended by P&Z, that Council amend section D of LDC 54-2-5.2.4. The City Attorney also recommended that the City follow state co-op rules which provide that 90% of sales must be consummated before an association is passed to the homeowners. Mr. Coniglio suggested a 15 foot setback between buildings rather than 5 feet to accommodate emergency equipment. MOTION by Hill/Majcher "1 would move staff recommendations other than the setbacks, i would increase the side yard setback to 15." The City Attorney clarified that paragraph D-3 (of Exhibit A) would be corrected and Councilmember Hill added, "So moved." The City Attorney stated the revisions would be included at the next reading. 7 Regular City Council Meeting October 10, 2001 Page Eight ROLL CALL: Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio - absent - aye - aye - aye - aye MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not othe~vise on the agenda * sign-up required - limit of ten minutes for each speaker Alita Hirshfeld, asked what the City is going to do to maintain canals. The City Manager said the stormwater utility master plan is being worked on for completion in 2002 and that City staff is maintaining the canals at this time. 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. OLD BUSINESS - None t6. NEW BUSINESS - None 17. Being no further business, Mr. Barczyk adjourned the Regular Meeting at 7:55 p.m. Approved atthe October,,,24th ,2001 Regular Council Meeting. Walter Barnes Mayor 8