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HomeMy WebLinkAbout012820044. ROLL CALL City Council Present: Mayor Walter Barnes Vice -Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 28, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. Colors were presented by the Sebastian River High School ROTC and the Pledge of Allegiance was recited. 3. No moment of silence. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Finance Director, Shai Francis Growth Management Director, Tracy Hass Police Chief, James Davis Police Lieutenant Greg Witt Police Lieutenant Bob Lockhart Police Lieutenant Michelle Morris Human Resources Director, James Sexton Golf Course Director, Greg Gardner Public Works Director, Terry Hill Regular City Council Meeting January 28, 2004 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND /OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R- 03 -14) The City Manager noted for the record that Consent Agenda item D Resolution No. R -04 -03 Final Plat for Collier Creek Estates Phase VI was being withdrawn. City Council concurred. Mayor Barnes requested that the Step Up Florida walk on February 13, 2004 currently on the agenda under his matters be approved at this time. MOTION by McCollum /Coniglio "So moved." Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Roll Call carried 5 -0 6. PROCLAMATIONS, ANNOUNCEMENTS AND /OR PRESENTATIONS 04.022 A. Legislative Update by State Representative Stan Mayfield (R- District 80) Representative Mayfield gave a brief legislative update and offered his assistance to the City. Mayor Bames requested assistance with DEP on the new city piers. 04.023 B. Presentation of Certificate to Employee of the 4 Quarter for 2003 Mayor Barnes presented Employee of the 4 Quarter for 2003, Officer Theo Robinson, with a certificate and bond. 04.015 C. Presentation of Certificate of Appreciation to Jayne Barczyk for Code Enforcement Board Service Mayor Barnes presented Jayne Barczyk with a Certificate of Appreciation. 04.025 E. Partnership Request by Sebastian River High School Naval Junior Reserve Officers 1 Training Corp for Use of Yacht Club Wednesdays 5 7:30 pm and New Waterfront Facilities for Sail Training /Lessons (NJROTC Letter) Tom Adams introduced Sebastian River High School ROTC members and addressed City Council on their proposal to use the Yacht Club and new waterfront facilities for sail training. 2 Regular City Council Meeting January 28, 2004 Page Three MOTION by McCollum /Hill "Move approval Mayor." The City Attorney suggested working with the group to organize a regatta for the Clambake Festival. Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Roll Call carried 5 -0 04.026 F. Presentation by City Insurance Representative Regarding Lightning Strike Warnings The Human Resources Director presented a power point presentation on lightning strike risk and available training that can be offered to coaches, city employees, etc., signs that can be installed at city athletic facilities, and finally recommended City Council participation in lightning safety awareness week during the last full week in June. Mr. McCollum said NOAA radios are only activated for severe weather, and that 95% of weather moving through this area with lightning does not activate the radios. He recommended that conditions be imposed for all athletic league leases to require they leave the field under certain conditions. The Human Resources Director suggested that a training video be produced and played for all athletic groups. Mr. Coniglio and Mr. Hill also suggested that there be a warning siren installed at the Municipal Golf Course. The City Attorney said education and signs are good tools, but installing sirens might create more liability for the City if a siren is not activated. He said the City should not be training the coaches but require them to get training. Mr. McCollum said the weather service puts on a program called Sky Watch and offers a certificate for participation in the program. Mr. McCollum noted that February 23 -27 is Florida Weather Awareness Week. 04.024 D. Presentation of Certificate Formally Declaring Sebastian Historic District The City Manager formally presented the Sebastian Historic District Certificate. 3 Regular City Council Meeting January 28, 2004 Page Four 04.027 G. Presentation by Representatives from Indian River County Department of Emergency Services Criteria for Flashing Warning Signal at Community Fire Stations John King, Indian River County Emergency Services Director, addressed City Council on the idea of warning signals at fire stations in Sebastian. He said the department is not experiencing any substantial problems and would not recommend any action at this time. Mr. Coniglio said on January 3, 2004 he had an emergency at his home and the EMS staff who responded were extremely professional. 04.028 H. Presentation by Patterson -Bach Representative— Economic Development Marketing Progress Report Jennifer Shaddock, Patterson -Bach, presented a progress report. 7. CONSENT AGENDA Al! 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. 3 -14 A. Approval of Regular Meeting Minutes 1/14/04 04.029 B. Approve the Purchase of Two 2004 Chevrolet Silverado Pickups at a Cost of $11,969 15 -23 Each for Roads and Maintenance and Cemetery Based on Piggyback Prices from the Florida Sheriffs Association Bid (03- 11- 0825)(Public Works Transmittal 1/28/04, Asset Replacement Requests, Sheriffs Bid) 04.030 C. Resolution No. R -04 -05 Vacation of Easement Lots 22 23, Block 61, Unit 2 (Growth 25 -40 Management Transmittal, R- 04 -05, Site Map, Staff Report, Engineering Letter, Grant of Easement, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 61, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 04.011 D. Rocolution No. R 04 03 Final Plat for Collior Crook Estatos Phaco VI (GMD 41 47 Transmittal 1/7/01, R 01 03, Application Final Plat) 04.031 E. Approve Additional One -Year Renewal with Allied Tube and Conduit for Sign Posts 49 and Accessories on As Needed Basis as Provided in Existing Contract (Engineering Transmittal) 4 Regular City Council Meeting January 28, 2004 Page Five 04.032 F. Approve City of Sebastian Relay for Life Team Fundraiser Adult "Sweethearts of the 51 -54 USO" Dance at Community Center 2/14/04 7 pm to 11 pm Waive Police Officer Requirement and Fees Due to City Sponsorship Approve Collection of Donation as Door Charge (City Clerk Transmittal, Application, Section of Rules Paragraph K) 04.033 G. Approve Use of Alcoholic Beverages at Marron Wedding Reception at Community 55 -58 Center 2/7/04 4 pm to Midnight DOB Confirmed Approve Use after 11 pm (PW Transmittal, Application and Money Order) The City Attorney read Resolution No. R -04 -05 by title. Mayor Barnes noted item D was withdrawn from agenda and pulled item G for discussion. MOTION by Hill /Barczyk "Mayor I move to approve consent agenda items A -C and E -F." Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Roll Call carried 5 -0 Item G Council discussed the need for a staff member in attendance and allowing the applicant to decide whether they want a uniformed or plain clothes police officer. MOTION by Barnes /Coniglio "I make a motion to approve item G." Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Roll Call carried 5 -0 5 Regular City Council Meeting January 28, 2004 Page Six 04.034 A. Planning and Zoning Commission 59 -104 TAPE I SIDE (1 (8:02 p.m.) 8. COMMITTEE REPORTS /RECOMMENDATIONS Interview Unless Waived, and Appoint One Regular Member to Unexpired Position to Expire 4/1/2005 (City Clerk Transmittal 1/20/04, Applications, Ad, Board Member Listi Fill Alternate Position if Necessary The City Clerk noted that R. Scott Taylor was withdrawing his application and that Jean Vesia had submitted an application after the deadline and her application was available if City Council wished to review it. Mayor Barnes advised applicants that Council may give weight to consideration of an alternate on the board to the regular member position. He expressed his pleasure at the large number of applicants for this position. City Council interviewed applicants Jean Carbano, alternate Daniel Keough, and alternate Edward Seeley. The other applicants were not present. Mayor Barnes called for nominations for the regular member unexpired position to expire 4/1/2005. Mr. Hill nominated alternate Ed Seeley. Being no further nominations, Mr. Seeley was appointed to the regular member position. Mayor Barnes called for nominations for the alternate member position vacated by Mr. Seeley to expire 11/2004. Mr. Barczyk nominated William Simmons. Mr. McCollum nominated Mary Ann Krueger. Mr. Coniglio nominated Jean Carbano. 6 Regular City Council Meeting January 28, 2004 Page Seven Mr. Coniglio Carbano Mr. Barczyk Simmons Mr. Hill Simmons Mr. McCollum Simmons Mayor Barnes Carbano Mr. Simmons was appointed to the alternate position. Mayor Barnes called recess at 8:17 p.m. and reconvened the meeting at 8:28 p.m. All members were present. 9. PUBLIC HEARING 04.017 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -04 -01 105 -114 Sebastian River Landings Phase II Annexation (Growth Management Transmittal, 0- 04 -01, Request Letter, Map, Survey, Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 62.827 ACRES, MORE OR LESS, BEING A PART OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED SLIGHTLY SOUTH OF THE INTERSECTION OF CR510 AND CR512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (e Reading 1/14/04, Display Ad 1/16/04 PJ and 1/23/04, public hearing and adoption 1/28/04) Mayor Barnes opened the public hearing at 8:30 p.m., and the City Attorney read Ordinance No. 0 -04 -01 by title. The Growth Management Director presented the annexation request and cited DCA comments relative to the subsequent land use amendment. He said the development is coming in at 2.99 units per acre. Mike Evans, Sebastian River Landings LLC, in response to Mr. Hill, stated they want to be a part of the City. Also in response to Mr. Hill, the Growth Management Director stated the County's future land use for this area is currently 3 units per acre, and if approved by Sebastian it will be 5 units per acre. He confirmed the proposed density is 2.99 units per acre, which, if approved by the City, will not increase the number of houses over what could have been developed. The Growth Management Director further stated the County's set back from the waterway varies from 25 -100 feet from the "mean high water mark." He also confirmed the distance from the northeast corner of the property is about 100 feet which results in a wider buffer. Mr. McCollum asked if any streets would be entering into any existing streets and the Growth Management Director replied they would not. Ron Trahan, 988 Franciscan Avenue, said he was an environmentalist who lives on Stonecrop, and he would like to be pro- active to protect the Sebastian River and its environs. He asked that if the property was annexed, was there any way it could not 7 Regular City Council Meeting January 28, 2004 Page Eight TAPE 11- SIDE 1(9:18 p.m.) be rezoned. He also asked for a better clarification of the required buffer, protection of trees, and stormwater runoff. Due to the fact that discussion was taking place relative to the conceptual plan, which is a quasi judicial matter, the City Clerk inquired whether individuals needed to be sworn. The City Attomey concurred and all who intended to offer testimony were sworn in. Mr. Trahan displayed a list of names of area residents concerned with the annexation. Mary Ann Krueger said she had a list of flora and fauna in the area of the St. Sebastian buffer, and recommended not annexing and developing this property. Timothy Jelus, developer of property to the north, said pollutants from the old orange grove currently drain directly into the South Prong of the Sebastian River and this project would actually provide for retention ponds for run -off as opposed to going into the River as well as the re- planting of native plant species. Mr. Jelus also pointed out that Phase I of the projected removed a great deal of evasive species to the area. The City Attorney said the St. Johns River Water Management has lauded the City for this development because it has eliminated pollutant runoff from the old grove. Damian Gilliams, 1623 US Highway 1, cited financial information prepared by Tischler and Associates, noting that there is a positive financial impact from this annexation. Ruth Stanbridge, Indian River Historical Society, expressed concern for preservation of the south prong St. Sebastian buffer, Fellsmere Cemetery and railroad right -of -way. She recommended a special ad hoc committee be established to protect these areas. Tim Glover, Friends of the St. Sebastian River, read a letter into the record regarding the St. Sebastian River requesting the same provisions as Indian River County Section 929.07 be adopted by the City. (see letter attached) Richard Baker, Pelican Island Audubon Society, reiterated the request for an ad hoc committee to protect the buffer. Ron Trahan, 988 Franciscan Avenue, questioned the environmental asset of preventing the grove run -off into the river. Timothy Jelus responded it would be an asset because there is currently no protection from or treatment for the runoff. The Growth Management Director responded to Mr. McCollum regarding City tree protection provisions, and explained that the proposed shoreline buffer exceeds County requirements. Mr. McCollum took exception to Mrs. Krueger's comment about Council "waivers and favors Mayor Barnes said it is nearly impossible to stop growth and that the City is doing its best to manage growth. 8 Regular City Council Meeting January 28, 2004 Page Nine Being no further business, Mayor Barnes closed the hearing at 9:18 p.m. MOTION by Coniglio /Hill "Move to adopt Ordinance No. 0- 04 -01." Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Roll Call carried 5 -0 04.017 B. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -03 -13 115 -132 Comprehensive Land Use Plan Amendment for Sebastian River Landings Phase II (Growth Management Transmittal, 0- 03 -13, Maps, P Z Recommendation. Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVDING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L -1) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1u public hearing 8/13/03 for transmittal to DCA, 2 public hearing and adoption 1/28/04) Mayor Barnes opened the public hearing at 9:21 p.m.; and the City Attorney read Ordinance No. 0 -03 -13 by title, noted that Council conducted a unified hearing of these three related items during the previous item. Being no further input, Mayor Barnes closed the hearing at 9:22 p.m. MOTION by Coniglio /Hill "Move to adopt Ordinance No. 0- 03 -13." Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Roll Call carried 5 -0 9 Regular City Council Meeting January 28, 2004 Page Ten 04.017 C. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -03 -14 133 -158 Zoning and Conceptual Development Plan for Sebastian River Landings Phase II (Growth Management Transmittal, 0- 03 -14, Conceptual plan, Staff Report, P Z Recommendation, Application) This Hearing is Quasi Judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD -R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A -1) FOR LAND CONSISTING OF 63- ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (Tabled at 8/13/03 Meeting, 1 public hearing 10/22/03, 2 public hearing and adoption 1/28/04) Due to sworn testimony given for the previous two items which became a unified hearing for all three items, the City Attorney asked the applicant to waive any procedural defects in the quasi judicial hearing and Mr. Jelus agreed to do so for the record. There was no ex -parte communication to disclose. The City Attorney said a unified hearing for Ordinance 0 -04 -01 previously held would apply as the hearing for this item. The City Attorney read Ordinance No. 0 -03 -14 by title. No one from the public requested to be heard. MOTION by Hill /Coniglio "Move to adopt Ordinance No. 0- 03 -14." Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Roll Call carried 5 -0 10. 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 None. 11. OLD BUSINESS None 10 Regular City Council Meeting January 28, 2004 Page Eleven 12. NEW BUSINESS 04.035 A. Resolution No. R -04 -04 Adopting an Amended Fiscal Year 2003/2004 Budget 159 -216 (Finance Transmittal 1/21/04, R- 04 -04, Memo, Status Reports, Schedules, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the Resolution by title, and the Finance Director gave a brief presentation on the proposed fiscal year 2003/2004 budget amendment. City Council discussion followed. Mr. McCollum said health insurance and workers compensation are driving most of the increases in the budget. The Finance Director was commended for the format. Mr. Barczyk inquired whether administration knew that they would be requesting additional personnel prior to the budget. The City Manager responded this position had been discussed, advertised in November, and that no one had as yet filled the position. Damian Gilliams, 1623 US Highway 1, said adding $300,000 in the first quarter is unacceptable. The City Manager reminded Council that each year budget adjustments are made. MOTION by Coniglio /Hill "Move to approve R- 04 -04." Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Roll Call carried 5 -0 04.036 B. Approve Non Aviation Airport Lease Agreement and Option to Rent Additional Acreage 217 -256 Between Steve Phillipson and City of Sebastian (Airport Transmittal 1/21/04, Agreement) The Airport Director gave a presentation on the proposed lease agreement. 11 Regular City Council Meeting January 28, 2004 Page Twelve Damian Gilliams, 1623 US Highway 1, said this is a bad deal for the City due to increased market value, recommending an updated appraisal be obtained. Chris Trahan, 688 Franciscan Avenue, agreed with another appraisal. Steve Phillipson made a brief presentation to City Council. MOTION by Coniglio /Hill "Move to approve non aviation airport lease agreement between the City of Sebastian and Mr. Steve Phillipson and attached Addendum entitled "Option to Rent Additional Acreage Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Roll Call carried 5 -0 04.037 C. Community Redevelopment Agency Consider Establishing a New Committee and 257 -259 Direct Staff Accordingly (City Clerk/City Attorney Transmittal, FS) Mr. McCollum reiterated his recommendation to establish a committee and each councilmember would choose one member, and there would be one local realtor appointed by all, one general contractor appointed by all, one member of the Chamber of Commerce and community development as non voting members. Mr. Coniglio recommended a local attorney, concurred with Chamber of Commerce member but was not sure about community development department member, and that all should have voting powers. Mr. Hill agreed with nine members, one member appointed by each Councilmember, one local attorney, one local realtor, one local general contractor, and one Chamber member. Council concurred and directed the City Attorney to bring back an ordinance to effect this change. 04.038 D. Resolution No. R -04 -06 Repeals R -84 -19 Re: Public Record Duplication Cost (City 261 -264 Clerk Transmittal 1/21/04, FS 119.07, R- 84 -19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R- 84 -19, WHICH PROVIDED FOR COST OF DUPLICATION OF PUBLIC RECORDS; PROVIDING FOR AN EFFECTIVE DATE. 12 Regular City Council Meeting January 28, 2004 Page Thirteen The City Clerk presented the request to increase the copy charge to the maximum set out in Florida Statutes, based on actual cost of duplication currently at approximately fourteen cents per page. MOTION by McCollum /Coniglio "Move approval of Resolution 04 -06." Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Roll Call carried 5 -0 E. Establish Policy to Allow Charge Maximum Allowed by Florida Statutes for Duplication of Public Records Currently Fifteen Cents for One -Sided Copy Additional Five Cents for Second Side and $1 for Certified Copies MOTION by Coniglio Barczyk "Establish policy by motion by City Council shall charge the maximum allowed by Florida Statutes for duplication of public records." Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Roll Call carried 5 -0 12. CITY ATTORNEY MATTERS Announced a dance hosted by the City's Relay for Life team which will feature Big Band and swing. Stated the City prevailed in recent arbitration on personnel matter. Explained that the members of the Planning and Zoning commission plan to look at lower density than currently allowed in PUDs. Pointed out that the walls for new City Hall are going up. 14. CITY MANAGER MATTERS Distributed an Indian River County letter regarding consideration of impact fees. (attached) Discussion followed. TAPE II—SIDE 11 (10:20 p.m.) 13 Regular City Council Meeting January 28, 2004 Page Fourteen The City Manager noted a meeting to be held on February 4, 2004 at the Richardson Center with the Indian River County Commission and School Board regarding School Concurrency. The Mayor made a motion to extend the meeting. MOTION by Barnes /Barczyk "I make a motion to extend the meeting to 11 o' clock." VOICE VOTE on the motion carried 5 -0 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Hill None. B. Mr. Coniglio Read a letter from Walker Brothers Circus to the Boys and Girls Club and announced locations of tickets. Announced he had a new granddaughter. C. Mr. McCollum None. D. Mr. Barczvk Asked about the railroad station and the City Manager responded with the schedule for site planning. Stated the Vero Beach Police Department is enforcing the prohibition of scooter use on public right -of -way. The City Manager said he is working with Police Chief on this right now and will advise Council. Asked if the City saves some trees when PUDs are built. The City Manager stated it is done through Building Department. E. Mayor Barnes Stated he has received complaints from residents on visibility problems at cut throughs on US 1. 14 Regular City Council Meeting January 28, 2004 Page Fifteen Gave an e-mail to the City Manager from a resident concerned about traffic safety for bicyclists at US 1 and CR512. 04.039 1. Consensus of City Council on Joint Workshop with Vero Beach City Council on 265 Matters of Mutual Concern To Be Scheduled at a Later Date (City Clerk Transmittal 1/21/04) 04.040 2. City Participation in Step Up Florida Statewide Public Health Walk February 13, 267 -270 2004 (City Clerk Transmittal, Program Information and IRC Schedule/ This item was approved at the beginning of the meeting. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:42 p.m. Approved at the February 11, 2004 Regular City Council Meeting. CbD-xx A a, Walter W. Barnes, Mayor ATTEST: Sally A. Maio, C, City Clerk It was the consensus of Council to participate. 15 U O 0 ct H O U 4 0 O 0, t cJ C 0 O U: cn O E L te V F-t Ca PUBLIC HEARING SIGN -UP SHEET 04.17 Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -03 -13 Comprehensive Land Use Plan Amendment for Sebastian River Landings Phase II NAME ADDRESS 1A jL k V 0 t t 1 T Tf�1nttt' ;IA it*coN1;■ awk >fl ScL fi e NAME ADDRESS NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVDING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L -1) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1 public hearing 8/13/03 for transmittal to DCA, t' public hearing and adoption 1/28/04) ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS Telephone: 1772) 567 -8000 Fax: (772) 978-1806 December 23, 2003 Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, Fl 32958 Dear Mr. Moore: corrections public schools fire /emergency services law enforcement libraries parks public buildings solid waste BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 -3365 Based upon the BCC's direction, staff proposes to develop impact fees for the following facilities: Recently, the Board of County Commissioners (BCC) directed staff to survey surrounding counties to determine the number and type of impact fees that those counties impose. Table 1, attached, provides that information. As indicated in Table 1, all of the surrounding counties impose more impact fees than does Indian River County. While Indian River County charges only road impact fees, most of the surrounding counties impose between six and seven types of impact fees. Like all of the surrounding counties, Indian River imposes water and sewer connection charges. Those, however, are not considered impact fees. After reviewing this information, the BCC directed staff to initiate the process of establishing impact fees for all of the facilities that surrounding counties charge impact fees for. To that end, staff has obtained impact fee study scopes of services from other jurisdictions and has started drafting a request for proposals (RFP) to obtain consultant services. Of those, four (corrections, public schools, libraries, and solid waste) are facilities that serve the county as a whole, including municipalities. Because of the countywide benefits provided by those facilities, any impact fees enacted to offset the development related costs of those facilities would need to be imposed countywide. A fifth facility (Fire /emergency services) serves the entire county except for the Town of Indian River Shores. Consequently, any Fire/EMS impact fee would need to be imposed by all jurisdictions except for Indian River Shores. The purpose of this letter is to request that you notify me as to whether the City of Sebastian agrees to participate with the county in the imposition of the above referenced impact fees. If all jurisdictions agree to participate, the county will obtain consultant services, manage the consultant project, coordinate with the municipalities in establishing the fees, and administer the impact fee program once it is established. Program administration for the new fees would be similar to the current traffic impact fee program, whereby each jurisdiction collects impact fees with building permit issuance and transmits those fees to the county. As with the traffic impact fee program, an interlocal agreement would need to be executed by all parties in order to impose the referenced fees. If any questions arise regarding this matter, please do not hesitate to contact me. Sincerely, Robert M. Keating, CP Community Dev opment Director Enclosure cc: Joe Baird Board of County Commission Jason Brown Sasan Rohani RMK /d F:1Conmmnity Development \Daen \CDADMARBK\School Concuncncylmunicipalitiea.doc SUMMARY OF IMPACT FEES FOR SINGLE FAMILY BY COUNTY (2003) 1 ST. LUCIE* I 00' I90`£$ I 0O88Z$ I 00691$ $179.00 I I 00'677$ I 00'ZV£$ I 00'6L6`1$ N 00'L97`9$ PALM BEACH S6'6SZ`IS V0' LZV$ 06"711$ S9'Z0Z$ VZ'OS£`I$ 57'991$ £L'£09`£$ h 96'7ZI`L$ OSCEOLA* 00'80L`6$ 00 6S'099`S$ fin 6S'99V`SIS .IMI.LUIVW $1006.03 6VIZ1$ ZI'L6l$ SI'71£$ Sl'SV9`I$ 60£7£$ SV'80VZ$ n 87'S£0 GlIVA3 IB 66 L$ S9'8£$ 80175$ I 78'£9$ bI'78Z`I$ $160.00 0L'ZL9`1S INDIAN RIVER 0OiZS` I 00TZS`i$ IMPACT FEE I Corrections looyaS /uolle3np3 I saaluJa .Sauanam3 I I Fire Rescue I Law Enforcement I Libraries I Parks I Public Buildings peon I Solid Waste I Total of Impact Fees I Total Fees cn Y 4) H V") 3 0 0 CO CU Y 0 cn .Q i g 5 5 h 'O 0 s u J o rei DO Impact fees for units less then 800 sq. ft. are $3,398.18. Fees NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME PUBLIC HEARING SIGN UP SHEET 04.17 Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -04 -01 Sebastian River Landings Phase II Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 62.827 ACRES, MORE OR LESS, BEING A PART OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED SLIGHTLY SOUTH OF THE INTERSECTION OF CR510 AND CR512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (1 Reading 1/14/04, Display Ad 1/16/14 PJ and 1/23/04, public hearing and adoption 1/28/04) wvt k<NA.c ov V` (Ccte \t 't a.. t ADDRESS c oV\ 1 s55 (roi1La.& q Phie., c L, NAME ADDRESS NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 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 Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: Name: r) Aryl ,P n INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN -UP SHEET January 28, 2004 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months New Subject: New Subject: PUBLIC HEARING SIGN -UP SHEET 04.17 Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 -03 -14 Zoning and Conceptual Development Plan for Sebastian River Landings Phase II NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME This Hearing is Quasi Judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD -R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A -1) FOR LAND CONSISTING OF 83- ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.. (Tabled at 8/13/03 Meeting, 1 public hearing 10/22/03, 2" public hearing and adoption 1/28/04) ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS Friendcg of &St. eSebutinn Piver Walter Bames, Mayor City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor Bames: As you are well aware, there are great changes taking place along the South Prong of the St. Sebastian River. The Friends are concemed about the impact on the river habitat. Unfortunately any negative impacts will be hard to correct or mitigate after -the -fact. It has come to our attention that the City of Sebastian has no ordinances that provide for protection of the shoreline along the river. As the properties get annexed into the city, we would like to ask that the council seriously consider the impacts of those changes and ways to protect the river. Indian River County does have an ordinance providing for a shoreline buffer, which would affect those properties, until they are annexed into the city. Therefore we are requesting that the council, at minimum, consider implementing the same provisions as the county's ordinance, to provide the same buffer protection as exists prior to annexation. The Indian River County ordinance is entitled Section 929.07 St. Sebastian River and Indian River Lagoon Aquatic Preserve Shoreline Protection Buffer Zone. You will find the text of that section of the county ordinance attached hereto. The St. Sebastian River is habitat for some rare and endemic species. Protection of the river habitat is essential to their survival. Maintaining the `old Florida" nature of the river is also important to those of us who recreate on the river. Any of our members and guests who have joined us on our occasional canoe trips on the river, are always amazed at how unspoiled, peaceful and amazingly beautiful it is so close to the city! cc: Terrence Moore, Manager, City of Sebastian Tracy Hass, Director, Growth Management, City of Sebastian Enclosures: 1 P. 0. Box 284 Roseland, Florida 32957 January 28, 2004 Sincerely, Tim Glover President, FSSR Section 929.07. St. Sebastian River and Indian River Lagoon Aquatic Preserve Shoreline Protection Buffer Zone. (1) For parcels created after June 18, 1991 along the St. Sebastian River, a one hundred -foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or fifty (50) feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater (cross reference section 911.12(4)(e)). For parcels of record which existed prior to June 18, 1991, a fifty-foot shoreline protection buffer for unplatted parcels, and a twenty- five -foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River or the Indian River Lagoon Aquatic Preserve, measured from the mean high water line. In no case, however, with reference to parcels or lots of record, which existed prior to June 18, 1991, shall the buffer(s) exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway. (2) Within the shoreline protection buffer, no development shall be permitted with the exception of docks, boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway. (a) No more than twenty (20) percent or twenty -five (25) feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed through county trimming regulations. (3) Shoreline alteration shall be prohibited, unless it is in the public interest or prevents or repairs erosion damage, or provides reasonable access to the water, does not adversely impact water quality, natural habitat or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances except as may be allowed in subsection 929.07(2)(a), shall be relocated or replaced on -site with comparable vegetation and amount. (Ord. No. 90 -16, 1, 9- 11 -90; Ord. No. 91 -48, 89, 12 -4 -91)