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HomeMy WebLinkAbout08282002 REGULARCITY OF HOME OF PELICAN ISLAND CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, AUGUST 28, 2002, 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals 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. The Mayor called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. The Invocation was given by Rev. Alan Yarborough of First Baptist Church. 4. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Ray Coniglio Mr. Ed Majcher Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Tracy Hass Public Works Director, Terry Hill Airport Director, Jason Milewski Human Resources Director, Jim Sexton Police Lt. Bob Lockhart Regular City Council Meeting August 28, 2002 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added °nly upon a majority vote of City Council Members (R-99-21) Mayor Barnes requested that Item D - Brief Presentation by Mr. Wally Kramer be added. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 02.184 A. GFWC Sebastian River Junior Woman's Club 25th Anniversary Proclamation -To Be Read By Mayor Barnes Mayor Barnes read the proclamation and noted it will be presented to the group at its anniversary celebration. 02.028 B. Certificate of Appreciation to Tut Connelly for Code Enforcement Board Service Mayor Barnes presented the certificate of appreciation to Tut Connelly. C. Proclamation Commemoratin.q the Events of September 11,2001 Mayor Barnes read and presented the September 11,2001 proclamation to Councilmember Ed Majcher. 02.183 D. American Character Week Proclamation - Character Counts Coalition = of Indian River County - The Honorable Judqe Joe Wild - Chairman - Accepting Mayor Barnes read and presented the proclamation to Carole Johnson. E. Wally Kramer, challenged City Council, Chamber of Commerce and Sebastian Property Owners to enter the wacky raft race to be held at the Sebastian Clambake festival. 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. A. Approval of Minutes - 8/14/02 Workshop B. Approval of Minutes - 8/14/2002 Regular Meeting Regular City Council Meeting August 28, 2002 Page Three C. Approval of Minutes - 8/21/02 Budget Workshop 02.185 Approve City Employee Picnic A/B at Community Center 9/21/02 (City Manager Transmittal 8/13/02, Application) 02. 186 Authorize the Expenditure of $141,298.42 to Asphalt Recycling in Accordance with the Approved Contract Prices and Authorize Staff to Execute a Contract with Dickerson Florida, Inc. for Paving Based on Piggyback Prices from the Indian River County Contract (Engineering Transmittal 8/22/02, List, Letter, Contract) 02.187 Resolution No. R-02-38 - Vacation of Easement - Lot 11, Block 405, Sebastian Highlands Unit 11 (GMD Transmittal 8/21/02, R-02-38, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 11, BLOCK 405, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING, PROVIDING FOR EFFECTIVE DATE. 02.188 Award Contract for Construction of the Pad and Wall Portion of the Veterans Memorial to Chilberg Construction of Vero Beach in the Amount of $21,900.00 (Engineering Transmittal 8/21/02, Bid Tabulation Form) 02.030 Approve LPA Group Work Authorization - Engineering for Bidding of Phase 1 of Runway 9-27 (Airport Transmittal 8/22/02, Letter, Cost Breakdown) The City Attorney read Resolution No. R-02-38 by title, and Mr. Hill removed item E. MOTION by Conglio/Barczyk "1 move we accept items A-D and F-H." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting August28,2002 Page Four Item E In response to Mr. Hill, the City Manager confirmed that water pipes would be installed before the paving takes place. MOTION by Hill/Coniglio "Very well, on that I move approval of consent agenda Item E." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 8. PUBLIC HEARINGS Hearin.q of Appeal - Planning and Zoninq Commission Denial of Site Plan for Capt'n Butcher's Floodtide (City Attorney Transmittal 8/22/02, Evidence Submitted to Planninq & Zoninq) (Advertised PJ Legal) Mayor Barnes opened the public hearing and the City Attorney advised City Council of the following: · Council must consider the appeal on the record presented to Planning and Zoning · The applicant, staff and affected parties may argue as to how the facts before Planning and Zoning support the denial or require approval · Modifications may be proposed but without factual support · If new information is desired, it is preferred the matter be remanded back to Planning and Zoning He sited that Council may: · uphold the denial of the site plan application; · overturn the denial and grant approval of the site plan; or · approve the site plan with modifications, conditions, or in any other manner which the Planning & Zoning Commission could have addressed the matter He noted that four affirmative votes of the Council are required to overturn the denial. Regular City Council Meeting August 28, 2002 Page Five John King, addressed City Council and responded to their questions. Mr. Coniglio suggested a crosswalk midpoint in the Jackson Street extension. The Growth Management Director said this would result in removing at least four parking spaces, which would require a special variance. Mr. King said he could provide a crosswalk in the median. Mr. King said provisions for irrigation of the median have been provided. Mayor Barnes suggested the developer be asked to enter into an agreement to allow shared parking. The City Attorney said the developer could have applied for a reduction in parking requirements due to mixed uses proposed, and staff could have recommended joint use. Mayor Barnes said he wanted to avoid other developers coming in and asking for similar consideration. The City Attorney cited section 54.3-15.4 (b) LDC. He said some of the parking spaces in Jackson would not have been required, and spaces could be eliminated to accommodate a crosswalk. The Growth Management Director said the hotel/motel proposed use makes the use conditional in this zoning. Mr. Majcher expressed concern about trailer parking, and Mr. King said they did not prefer trailer parking and would look at off-site storage. Mr. Hill said there is no sidewalk on the north side to connect a crosswalk to. He said he would rather see trees in the median than a crosswalk, and that reduction of the speed limit would do a better job. The Growth Management Director said a traffic study would have to be conducted first. Mr. Barczyk suggested rumble strips and Mr. Hill noted it will be city right-of-way. The Growth Management Director said by reducing parking spaces, public spaces will be reduced as well. Mr. Majcher suggested eliminating three parking spaces on the south side to provide access to the adjacent land discussed during the CRA meeting. The City Attorney said at least two or three spots could be eliminated, but it would be up to the developer to work out arrangements with the adjacent property owner. The Growth Management Director highlighted other elements of the multi-use commercial/retail/residential five building proposed development. He said any imposed conditions will have to be reflected in a revised plan before construction takes place. Becky Hoch, adjacent property owner, 1724 N. Central Avenue said it was not her intention to blindside the developers, that it was her understanding that the city owned the right-of-way, said she hoped some parking spaces could be traded. TAPE I - SIDE II (8:08 p.m.) Regular City Council Meeting August 28, 2002 Page Six Lisanne Monier, read a letter into the record, suggesting revisions to the plan as to intensity and for the protection of the riverfront. Damian Gilliams, suggested that a sidewalk be added on the south side of Jackson to US 1. The City Manager said there is a sidewalk proposed in front of the Community Center at this time for fiscal 2002/2003. Sal Neglia, objected to the discussed crosswalk. MOTION by Coniglio/Hill "I'd like to move that we overturn the denial and grant approval of the site plan with the addition of the stop signs as proposed by the--as proposed." Mr. Hill noted that the street will be city right-of-way and the city can conduct the appropriate studies and accomplish whatever is necessary. Mr. Majcher said he wanted to add the access to other property owners. Mr. Hill said the only way that could be done is to purchase the land and reduce the parking requirements, and that is a responsibility of the landlord to purchase the needed land. ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - nay Mayor Barnes - aye MOTION CARRIED 4-1 (Majcher- nay) Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:33 p.m. All members were present. 02.189 First Public Hearinq on Ordinance No. O-02-13 - Sebastian River Landings Comprehensive Land Use Amendment for 72 Acre Planned Unit Development- CR510 and CR512 - For Transmittal to DCA (Growth Management Director Transmittal 8/21/02, O-82-13, Conceptual Plan, Location Map, and P & Z Recommendation) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Advertised PJ Display) Regular City Council Meeting August 28, 2002 Page Seven Mayor Barnes opened the public hearing at 8:34 p.m. and the City Attorney read the Ordinance by title. He advised that the acreage is actually 66.912 acres due to the removal of a lateral canal and that as a first reading this is allowable since it is a reduction, not an increase. The Growth Management Director presented the proposed comprehensive land use plan amendment for property scheduled for annexation based on City Council favorable action on land use and rezoning. He advised that with Council approval, the land use will be transmitted to the Department of Community Affairs and upon return with comments, scheduled for a second hearing. It was noted that this was an area considered during the impact analysis study. The Growth Management said lot sizes have not yet been determined and will be addressed in the preliminary development plan. Mr. Majcher asked if Council could set a minimum lot size when considering whether or not to annex this property, due to the fact that this is the gateway to the City. The Growth Management Director said the PUD ordinance allows flexibility. The City Attorney said special concerns can be incorporated. Discussion took place on the density of 3.5 units per acre as requested. Tim Jelus, 1688 West Hibiscus Boulevard, Melbourne, described the types of deed restricted developments they provide, which require a higher density to offset improvements such as curb and gutter, elaborate landscaping, open recreation area, brick entrances, lighting, fountains, etc. He said the average home will be 1800 to 2000 square feet at an average cost of approximately $150,000. MOTION by Majcher/Hill "1 would make a motion than that we would approve it based on what the county would go for which would be 3.0 units per acre as opposed to 3.5." The City Attorney advised that the approval being requested is only Iow density residential land use for transmittal to the Department of Community Affairs and that the appropriate time for this motion is during the next item. The motion was withdrawn. Jack Davis, addressed City Council on history of development in this area. Dan Bryant, Vero Beach, supported the annexation. TAPE II - SIDE I (9:17p. m.) Regular City Council Meeting August 28, 2002 Page Eight Wesley Davis, encouraged Council's attention to this annexation. Pete Connelly, Land Acquisition Agent for McCauley Development, urged approval. Sheri Reichert, 772 Cavern Terrace, Sebastian, expressed concern about impact of annexation, suggesting imposing assessments for future needs. The City Attorney apologized for allowing density to be discussed at this stage and recommended that the testimony given be submitted as evidence with the conceptual plan. MOTION by Barczyk/Majcher "1 recommend we hold first reading and public hearing for Ordinance No. O-02-13, and move to authorize staff to transmit the proposed land use amendment to the Florida Department of Community Affairs for review." The City Attorney clarified the motion included the amended acreage. ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 02.189 First Public Hearinq on Ordinance No. O-02-14- Sebastian River Landinqs Conceptual Development Plan and Rezonin.q for 72 Acre Planned Unit Development - CR510 and CR512 - 2nd Public Hearinq to be Conducted at a Later Date (Growth Manaqement Director Transmittal 8/21/02, O-82-14, Conceptual Plan, Location Map, and P & Z Recommendation) This item is Quasi-Judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISITING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDING; 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 the Ordinance by title, clarified that this is the first of two hearings. Mayor Barnes opened the hearing at 9:29 p.m. There was no ex-parte communication to disclose. The City Clerk swore in the Growth Management Director and the applicant, Timothy Jelus. The City Attorney asked them to swear by their preVious testimony for this quasi-judicial matter. Regular City Council Meeting August 28, 2002 Page Nine MOTION by Majcher/Hill "Hold a first public, excuse me, hold a first of Ordinance No. O-02-14 as amended with 66.91 reading and public hearing 2 acres at 3 units per acre." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 02.094 Public Hearinq on Resolution No. R-02-36 - Laurel Reserve Preliminary Development Plan for Proposed 80 Acre Planned Unit Development (Growth Manaqement Director Transmittal 8/21/02, R- 02-36, Preliminary Plan, Location Map, P & Z Recommendation) This item is Quasi-Judicial A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS LAUREL RESERVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-02-36 by title and Mayor Barnes opened the public hearing at 9:33 p.m. There was no ex-parte communication to disclose. The applicant was not in attendance and there was no public input. MOTION by Hill/Barczyk "1 move to approve Resolution No. R-02-36. ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 5-0 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 Mort Smedley, addressed City Council on the traffic and road condition problems on Barber Street and Powerline Road. The City Manager responded on work that is being currently conducted in that area. The Public Works Director noted that Council approved the paving of a portion of Powerline Road tonight. Regular City Council Meeting August28,2002 Page Ten 10. COMMITTEE REPORTS/RECOMMENDATIONS - none. 11. OLD BUSINESS 02.164 A. Developer's A.qreement between the City of Sebastian and Capt'n Butcher, Inc. a Florida Corporation, for Construction of the Jackson Street Extension (Growth Manaqement Director Transmittal 8/21/02, Agreement, Analysis, Cost Estimate, Appraisal, Survey) The City Manager sought direction from Council regarding this public/private partnership. John King, described costs for the project as cited on circle page 162 of the agenda packet and said this is a fair deal for both parties. City Council members expressed their views and concern for the adjacent property owner. Mr. King said this access is not a city issue but that they are not shutting the door on surrounding property owners. MOTION by Hill/Coniglio "1 move approval of the developer's agreement between the City of Sebastian and Capt'n Butcher's Inc., a Florida Corporation for the construction of a Jackson Street extension." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. NEW BUSINESS 02.190 Employee Health and Dental Insurance (Transmittal 8/22/021 Commentary, Appendices A-E) The City Manager gave a brief presentation and introduced Mr. Kurt Gehring of the Gehring Group, West Palm Beach. (See copy of power point presentation by the Gehring Group attached.) Kurt Gehring addressed City Council and recommended the Florida League of Cities Silver plan. Regular City Council Meeting August 28, 2002 Page Eleven The Human Resources Director presented a table representing current employee costs, and proposed costs for the Florida League of Cities silver and gold plans. He said the other issue to be resolved is whether or not to cover the costs over the $3,900 cap set out in the CWA contract. (see agenda page 170 attached) TAPE II - SIDE II (10:20 p.m.) Antoine Van Meir, representing CWA employees questioned the vote of the insurance committee and the HR Director noted it was 4-2 for the Florida League of Cities gold plan. Mr. Van Meir said the union voted for the gold plan, and would like the Council to pick up the extra cost. Steve Marcinik, representing the police union and the employee insurance committee, recommended the gold plan. The Human Resources Director noted that the police union per employee cap is $8500. MOTION by Hill/Barczyk "I'd like to make a new motion not to extend past 11 ." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 The City Attorney advised that Mr. Hill had no conflict of interest due to his relationship to an exempt employee because exempt employee benefits are a management decision. Discussion followed regarding the cost the City would absorb. The City Manager stated the total cost would be $15,000 for silver plan and the City could absorb that cost. MOTION by Hill/Coniglio "That is what I would support." Regular City Council Meeting August 28, 2002 Page Twelve ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 13. CiTY A'I-FORNEY MATTERS 02.191 A. Seek Council Direction Concerninq Utility Franchise Fee Charges Against School Property (No Backup) The City Attorney had submitted a memo prior to the meeting (see attached) relative to litigation filed against the City by the School Board relative to the utility franchise fee, and requesting a refund of past payments. He said the School Board had submitted an offer to drop the past charged payments if the City will agree not to apply the fee to them in the future. He said if Council wants to continue to collect the charge the ordinance should add "institutional", however, he did not recommend adding another charge to the school system, and said he felt it was a fair deal. MOTION by Hill/Majcher "Mr. Mayor on that, I would move to accept the settlement and no longer charge the schools." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 The City Attorney said he will be taking vacation time until the clambake is over. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. Regular City Council Meeting August 28, 2002 Page Thirteen 16. CITY COUNCIL MA'n'ERS A. Mr. Coniqlio None. Mayor Barnes -requested $800 for a Sebastian River High School band ad. Council concurred -received some word regarding people taking sand from the spoil islands for Pelican Island -read from a memo from the City Attorney regarding funding for the clambake festival (see attached.) MOTION by Coniglio/Hill "1 would make a motion that we authorize the City to transfer funds up to $2000 to the Sebastian Clambake Festival as an on needed basis and I would add to that city accept donations that come in and transfer them too or hand them over too." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 5-0 The City Attorney advised that per the Public Works Director, the boat parking area should be closed at noon Thursday prior to the clambake. There was no objection. C. Mr. Hill None D. Mr. Barczyk -requested that Coolidge Street be utilized for parking during special events A. Mr. Maicher None Regular City Council Meeting August28,2002 Page Fourteen 17. Being no further business, Mayor Barnes adjourned the meeting at 10:52 p.m. Approved at the September 12, 2002 Regular Council Meeting. ~.~er W >_Barnes Mayor James A. Hill, Vice Mayor for C I rl~' O F HOME OF PELICAN ISLAND CIT COUNCIL IN THE MATTER OF: Captain Butcher's Floodtide Marina FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came before Sebastian City Council on August 28, 2002 after due notice to the Respondents, and based on the evidence presented the City Council made the following motion: MOTION by Coniglio/Hill "I'd like to move that we overturn the denial and grant approval of the site plan with the addition of the stop signs as proposed by the~as proposed." ROLL CALL: Mr. Hill -aye Mr. Barczyk -aye Mr. Coniglio -aye Mr. Majcher -nay Mayor Barnes -aye MOTION CARRIED 4-1 (Majcher - nay) DONE AND ORDERED in Sebastian, Florida this 28th day of August, 2002. CITY OF SEBASTIAN, FLORIDA Sally A.~,- CM~ City Clerk Walter W. Barnes, Mayor Presiding Officer ADMINISTRATION AND ENFORCEMENT § 54-1-2.5 statement in rebuttal to such presentations if the appellant so desires. The presiding officer may, at the commencement of the hearing, or at any time during such hearing, require that parties desiring to make a presentation identify themselves, and may specify the time to be allowed for each party to make such presentation. (6) Effect of appeal and stay of proceedings. An appeal to the city council shall, upon filing, stay all proceedings in furtherance of the order or decision appealed from, unless the city council finds that, by reason of facts presented by the planning and zoning commission or city staff, a stay would cause immediate peril to life or property, in which case, proceedings shall not be stayed except by a restraining order granted by the city council for due cause shown after notice to the party filing the appeal. Nothing in this section shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or stay actions of the city council. (7) Decision and order by the city council. Action by the city council upon any matter subject to the provisions of this section shall be announced by the presiding officer immediately following the vote determining such action and shall thereafter be embodied in a writte~ order prepared by the city clerk and executed by the presiding officer and the city clerk. Such written order shall be incorporated into the minutes of the meeting at which such action occurred. (8) Finality of decision. When the city council has taken action respecting an appeal of a planning and zoning commission action, no application for the same relief shall be accepted by the city for consideration by the commission for a period of two years from the date of such action, provided however, after one year, an applicant may request that the city council waive the provision of this section for proper cause based on changed conditions and/or the advent of new information which substantiallY impacts material issues. If a request for such waiver is submitted by the applicant, the dlty council shall determine if the changed conditions and/or the new information is sufficient to convene a new hearing on the applicant's appeal. If the city council determines that a hearing should be held on the applicant's appeal, the city manager shall direct the city clerk to provide due public notice of the scheduled public hearing in the same manner as required for the original appeal as described in section 54-1-2.8. (9) Judicial review of decisions. Any person or persons, jointly or severally, aggrieved by a decision of the city council respecting an appeal of a decision by the planning and zoning commission, may apply by writ of certiorari in the manner provided by law, to the Indian River County Circuit Court for judicial relief within 30 days after rendition of the written decision. Sec. 54-1-2.5. Board of adjustment. (a) Establishment. The city council shall act as the board of adjustment. (b) Authority, power and rules of procedure. (1) Authority. In no instance shall the board grant any use of land in any zoning district other than those uses allowed in such district as a permitted use or a conditional use. Supp. No. 2 LDC2:13 17.1: ~,~ ARTICLE 15 .GROUP INSURANCE 15. I: During the term ol'this Agreemem, tile Employer agrees to pa)' the premium during tile term of this contract to provide continued group insurance coverage to alt regular full-time bargaining unit members. It is expressly understood by all parties that tile Employer shall pay for any additional group insurance premium for continuation of bargaining Ui'lil member coverage up to a maximmn of $3,900 per year. In the event that group insurance premiums at any point during the term of this Agreement exceed the $3~ ~00~ mum I mit set, thc C' .and CWA a r s ,~'v- . : ~!I~'~. gee to re-open this section of Article 15 to eek aHemate li~ealth coverage from another carrier. 15.2: 'In the event that tile premium rate for dependent group insurance ~overage increases, tire Employer agrees to notify the CWA as soon as is practicable. The (3WA agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require each covered bargaining unit member to contribute Irls pro rata share of the increased premium cost for dependent coverage, wbichever may be applicable. In tire event that the carrier increases the premium rate for dependent group insurance coverage the parties agree to abide by Section 15.3 of this Article. 15.3: Any full-time qualified bargaining unit member who elects to participate in the group insurance dependent coverage option plan will pay fifty (50%) percent of the cost of lhe premium. Any additional supplemental insurance that is optional coverage to tile bargaining unit member and that member elects to purchase such optional coverage will be paid for in total by the member. _ARTICLE 16 .RETIREMENT CONTRIBUTION' 16.1: Effective April I, 2001, the employer shall contribute an amount equivalent to nine (9%) percent ora bargaining unit member's annual gross earnings into a deferred compensation program offered by tire City. The nine (9%) percent contribution will be in addition to the bargaining unit member's annual gross earnings. This benefit will be prorated and paid bi-weekly over twenty-six (26) pay periods. This benefit will remain in effect for the life of this agreement. _Eligibility: Only regular full-time bargaining unit members are eligible for inclusion in tire deferred compensation program. New employees are eligible for entry into this program as of the first day of the next full pay period following sixty (60) days from their date of hire. ARTICLE 17 P_ERFORMANCE EVALUATION _P. urpose: Tile purpose of tile City of Sebastian pertbrmance appraisal program is to provide a consistent practice of establishing written goals and evaluating the performance of tile bargaining unit 27 OFFICE OF To: From: Date: Re: Mayor and Council Rich Stringer, City Attorney~ August 28, 2002 Franchise fee and schools In the past I informed you of litigation filed on behalf of the School Board seeking a court declaration that the utility franchise fee cannot legally be charged against School Board facilities, and further requesting a refund of past payments. The Board's attorney has put an offer on the table to settle the litigation. The Board will drop its request for a refund if the City will agree to not apply the fee to the schools in the future. It is my obligation to forward any settlement offer to you for consideration. While I believe we are in a strong position against their argument based on the theoretical differences between fees and taxes, their secondary argument may be successful. Our ordinance only requires payment of the fee by "residential, commercial and industrial" accounts. While Florida Power has classified the schools as one of these accounts based upon past practices, the plain language argument is that "institutional" customers are an entirely different classification and are not required to pay under our franchise agreement. In considering the offer, the Council may want to consider the degree to which it wants the City to be considered a partner in education, versus its traditional and strictly legal role as a distinct and totally separate branch of government. THE Sebastian Clambake L~ ~-~uvm.~, 2002 August 28, 2002 Mayor Walter Barnes and Council re: Clambake funding Dear Mayor and Council: We would like to thank each of you for the support you have shown the Clambake Festival, and for the partnership exhibited in the Hosting and Sponsorship Agreement approved at your last meeting. At that time there was discussion as to the Council adding some start-up funds to assist in this first year. We never intended to ask for additional City funds. Of course, such a one-time grant would help to make this inaugural event even better. It is also not our business plan to mount a general donation drive each year - in the future we will seek event sponsors only - but as a new event we needed "seed" money. Among our start-up costs are an estimated $3,500 in up-front food costs (not to mention serving containers, etc.), printing costs of several hundred, almost $1500 in costs for the fishing tournament.., well, it all adds up. Financially, we will pull this off} some of our Board members have pledged to finance any expenses needed to get the festival underway from their own pockets. If the Council is willing to assist with a grant, it will be greatly appreciated. If not, we are very pleased with the partnership and helping hand you have already provided. One area where we can use some help, however, involved our own fund-raising efforts. We have received a number of checks mistakenly made out to the "City of Sebastian" for the Clambake. Also, a number of people come to the City to make donations, then are sent down the hall to get the information, and then have to take the money elsewhere (sometimes they never show up!). It would greatly assist us if the City could accept donations on our behalf. This has been done before for other groups and endeavors, and is not difficult to accomplish. Again, thank you all for all you have done. ~~c~Resv~C~r, o~n be o~f The Sebastian Clambake Foundation, Inc. Blue Cross & BlUe Shield FY 2002/2003 INSURANCE PREMIUMS EMPLOYEE MONTHLY PREMIUMS Health Health Health Health Dental Dental Dental Dental Employee Spouse Child Family Employee Spouse Child Family Current Monthly per Employee 0.00 159.12 78.10 . t94.85 0.00 9.16 13.24 IMPACT ON CII'Y PAYING FULL AMOUNT OF PREMIUMS 22.40 FLC Gold FLC Silver Monthly per Employee 0.00 150.25 75.12 225.37 O.00 8.42 12.63 20.82 Increase/Decrease 0.00 -8.87 -2.98 30.52 0.00 -0.74 -0.61 -1.58 Monthly per Employee 0.00 137.10 88.55 205.65 0.00 8.42 12.63 20.82 Increase/Decrease 0.00 -22.02 -9.55 10.80 0.00 -0.74 -0.81 -1.58 IMPACT ON CITY CAPPING EXEMPT & CWA EMPLOYEE PREMIUMS TO $3900 PER YEAR (current contract) FLC Gold Monthly per Employee [~2.80 213.05 137.g2 288.10 0.00 8.42 12.63 FLC Gold Increase/Decrease 52.80 53.93 5g.82 g3.25 0.00 -0.74 20.82 -1.58 FLC Silver Monthly per Employee 30.73 1§7.83 99.28 236.38 0.00 8.42 12.63 20.82 FLC Silver Increase/Decrease 30.73 8.71 21.18 41.53 0.00 -0.74 -0.81 -1.58 IMPACT ON CITY CAPPING EXEMPT & CWA EMPLOYEE PREMIUMS TO $4,07'?.S0 PER YEAR (current cap) FLC GOLD Monthlyper Employee 48.01 198.26 123.13 273.31 0.00 8.42 12.63 20.82 FLC GOLD Increase/Decrease 48.01 39.14 45.03 78.48 0.00 -0.74 -0.61 -t.58 FLC SILVER Monthly per Employee FLC SILVER Increase/Decrease 15.g4 153.04 84.49 221.59 0.00 8.42 12.63 20.82 15.g4 -8.08 6.39 26.74 0.00 -0.74 -0.§1 -1,58 *Assuming each employee has employee health, dental, and vision PUBLIC HEARING SIGN-UP SHEET August 28, 2002 02.189 First Public Hearing on Ordinance No. O-02-13 - Sebastian River Landings Comprehensive Land Use Amendment for 72 Acre Planned Unit Development - CR510 and CR512 - For Transmittal to DCA AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. ADDRESS ADDRi:SS ADDRESS~ ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET August 28, 2002 02.164 A. Hearing of Appeal - Planning and Zoning Commission Denial of Site Plan for Capt'n Butcher's Floodtide Marina NAME NArVIE NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET AUGUST 28, 2002 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New SubjectJ V'(.~ ~ ~... ~-'~------~ Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: