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HomeMy WebLinkAbout04212004HOME OF PELICAN ISI-~ND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING ITEMS NOT COMPLETED AT THE APRIL 14, 2004 REGULAR MEETING WEDNESDAY, APRIL 21, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Special City Council meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLLCALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Stormwater Engineer, Ken Jones Growth Management Director, Tracy Hass Human Resources Director, Jim Sexton Police Chief, James Davis Public Works Director, Terry Hill Special City Council Meeting April 21, 2004 Page Two 4. ITEMS NOT COMPLETED AT THE APRIL 14~ 2004 REGULAR MEETING 9. PUBLIC HEARINGS (QUASI-JUDICIAL) (see back of agenda for quasi-judicial procedures) 04.107 143-184 First Readinq and Quasi-Judicial Public Hearinq of O-04-04 Rezoninq/Conceptual PUD Plan for 162+/- Acres of Land to be Known as Sebastian Preserve (4/5/04, O-04-04, Ad, Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN TOWNSHIP 31 SOUTH, RANGE 39 EAST, SECTION 18 NORTH OF ENGLAR DRIVE CONTAINING 162 ACRES, MORE OR LESS, FROM RESIDENTIAL SINGLE FAMILY (RS-10) TO PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN KNOWN AS SEBASTIAN PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-04-04 by title, noted that two public headngs are required due to denial by Planning and Zoning, and explained quasi-judicial procedures. Mayor McCollum opened the quasi-judicial hearing at 7:02 p.m. Disclosure of Ex-Parte Communication City Council members disclosed ex-parte communications with developers, receipt of e-mails and phone cells. The City Attorney said he will ask Council members to disclose ex-parte communicetions at the end of presentations if they received information that is not brought forth during this headng and may affect their decision. The City Clerk read a list of names of people who had sent letters and e-mails objecting to the issue (Exhibit 1). Ms. Monier disclosed another letter she had received from Kelly Mather (Exhibit 2). Swearinq In The City Clerk swore in all in attendance who intended to offer factual testimony. Applicent Presentation: Greg Casalino, O'Haire, Quinn, Candler and Casalino, Vero Beach, representing the applicent, presented the request as recommended favorably by staff, (staff recommendation from 4/14/04 agenda packet is Exhibit 3) although denied by Planning and Zoning. He said the project has been substantially reduced since its initial submittal, now at approximately two units per acre; 50% open space and perimeter lot size increased to 80 feet. He noted the extension of Fleming is a part of the long term MPO plan. Tom Yonge, Kimley-Hom, (sworn) presented a power point presentation on the initial concept, a brief history on the applicetion process, noted the developers received input from citizens and further input from the City Manager based on his meetings with Collier Creek residents, and proceeded to amend the project to satisfy those concerns. He described concept 2 of 2.09 units per acre, lots of 80 X 120 abutting RS-10, interior lots of 55' X 120' with 7.5' foot setbacks, and noted that the extension of Fleming will be set aside at this time. His presentation compared current RS-10 development with the benefits of the proposed PUD plan. Special City Council Meeting April 21, 2004 Page Three The Kimley-Hom power point presentation is Exhibit 4. Lynn Keller, Senior Biologist with Kimley-Horn, (sworn) described data collection performed on the site, means to identify wetlands for preservation, and their work with St. Johns River Water Management District and Army Corps of Engineers on the wetlands, and US Fish and Wildlife and Florida Fish and Wildlife Conservation Commission to identity species on the site. Staff Presentation of Findinqs and Analysis: The Growth Management Director discussed community needs and DCA's comments relative to the City's deficiency of multi-family housing, currently deficient by approximately 1600 units; described surrounding zoning districts of RS-10, RS-20, and RS-10 and RM-8, and transitional zoning issues, transportation issues, and the proposed extension of Fleming as a collector read which would have accommodated single or multi-family development on this site. He further described the reductions which have been made since original submittal, recommended an escrow account be established if the Fleming extension is not constructed at this time as stated by the applicant's representative, because although adjacent property owners may not like the increased traffic, the extension is contemplated in the City's comprehensive land use plan. The City Attorney clarified that Laurel Reserve to the east is PUD-R which with underlying land use of RM-8. Tom Yonge, described the area in which the eagle exists and their future plans if the eagle should leave the site. The City Attorney claried that on the phasing, the developer is not going to phase the area on which the eagle lives at this time. Council Questions Tom Yonge, responded to Council relative to the adult community target, although there is no age restriction; that four phases are proposed which would have approximately a three year build out; desribed the twenty-five foot opaque landscape buffer on the outskirts of the development for which existing natural areas will remain if in place; and noted interior lots of a minimum of 55' x 120'. The Growth Management Director (sworn) responded to questions relative to responsibility for streets if the area remained RS-10; required connection to water and sewer; that approximately 500 units could be built if it remained RS-10; and that water and sewer is available for connection; the difference in the PUD that allows Laurel Preserve multi-family development; that Collier Creek could have had a higher density than it chose to have; that there are 85 additional units contingent upon whether the eagle leaves; that Fish and Wildlife requires the conical protected area not the developer; and that the southern areas of Collier Creek Estates in 1998 had to cease development due to the presence of the eagle in that area. Special City Council Meeting April 21, 2004 Page Four Lynn Keifer, described the determination of the protected zone, said Fish and Wildlife Service will determine the counting of five years from a completely abandoned nest under the Endangered Species Act and the Bald Eagle and Eagle Act. She further noted there are possibilities of eastern indigo snakes on site, and that there are gopher tortoise, osprey, foraging scrub jays from off-site, sand hill cranes, wood storks, and bobcats on the site. Public in Favor - None._ Public Opposed TAPE I - SIDE II, 7:58pm Kelly Mather, 733 North Fischer Circle, 8:03 p.m., discussed Planning and Zoning denial; said the City's adopted zoning map is the City's contract with its citizens, that he was told the staff worked with the developer to come to PUD zoning, and that they should be advocates for citizens. Maureen Cummings, 134 Englar Drive, 8:10 p.m., (sworn) introduced her daughter Jasmine and her friend Charlotte, former members of the Pelican Island Elementary Ece Troop, and Charlotte discussed protection of the eagle. Mrs. Cummings said she and her family had personally seen Florida panthers on the site. She said she had been told that by law this land can be prevented from development if it is shown that development is detrimental, and said the developers cannot say there will be no impact on schools. Ray Halloran, 754 South Fischer Cimle, Sebastian, 8:14 p.m., urged protection of the RS-10 zoning as set out in the comprehensive plan. He described a list published by former Mayor Walter Barnes that cites protection of RS-10 zoning. Richard Reittinger, 774 Easy Street, President, Collier Creek Homeowners Association, 8:17 p.m., (sworn) spoke on behalf of 150 property owners who had signed a petition, which he handed to the City Clerk (Exhibit 5), and objected to anything but RS-10 zoning for this site. He said a variance should be granted only if the property is undevelopable as single family housing under RS-10, and the wildlife on this property should be protected. Terese Harber, 949 Potomac Avenue, 8:26 p.m., (sworn) volunteer for Eagle Watch, said she spoke before Planning and Zoning, asked why the City did not purchase the property where the eagle's nest was when it purchased the properbj for the Stormwater Park, citing that she had understood that it was determined the land was considered too sensitive. She noted that eagles are protected by four laws not the two previously described by the applicant's biologist. She asked, if there was grant money available, would the developer be willing to sell the property. Maryanne Krueger, 121 Miller Drive, Sebastian, 8:36 p.m., read from various publications including the National Arbor Day Foundation, and Harbor Branch Oceanographic Institute, and spoke on behalf of Dr. Baker, Audubon Society. She read from a letter from Robert Ruszala and submitted his photos for posting in City Hall (Exhibits 6, 7 and 8). Mrs. Krueger was sworn in at the advice of the City Attorney. Special City Council Meeting April 21, 2004 Page Five Kathleen Provancher, 107 Barbara Court, Collier Creek Estates, 8:40 p.m., expressed dismay with staff, noted the proposed price of homes at $200,000 is the price of lots in Collier Creek Estates, cited a multitude of reasons why she objects to the development due to its incompatibility with Collier Creek Estates, her distaste for Iow income housing inhabitants, and concerns about the eagle on the property. Susan Bowser, 715 South Easy Street, 8:50 p.m., said the developers knew this was RS-10 zoning when they purchased the property and it should remain RS-10. She said if this development with 341 homes goes in as is, it will ruin the ambience of Collier Creek Estates, South Moon Under and Harbor Point. She asked that the developers make their lots more like the surrounding areas. Peter Walls, 702 South Easy Street, 8:55 p.m., said he does not understand how a 660 square foot lot maintains the integrity of the surrounding community and urged Council to vote no. Andrea Coy, 333 Pineapple Street, 8:56 p.m., said PUDs are not compatible with this kind of land. Bev Kuseliauskas, 771 South Easy Street, 8:57 p.m., urged Council to deny this. Joyce McDermott, 700 South Easy Street, 8:58 p.m., discussed growth in south Florida and expressed concern for Sebastian going the same way. Susie Reittinger, 9:00 p.m., was sworn in, said she was a teacher at Pelican Island Elementary and expressed concern for school impact. Brad Cronin, 208 Chello Avenue, Sebastian, 9:02 p.m., (sworn) said surrounding properties are by choice less dense, and that this is not a transitional zoning but a step down. Joe Carroll, Vero Beach, Pelican Island Audubon Society, speaking on behalf of Dr. Baker,, 9:03 p.m., said the eagle may stay on the property to impact future development, asked that the developer do construction in the non-nesting season in an area of 750 to 1500 feet; and that as much wetlands as possible be preserved. Mayor McCollum closed the public hearing and called recess at 9:06 p.m. and reconvened the meeting at 9:15 p.m. All members were present. Applicant Response TAPE II - SIDE I Tom Yonge said the City's code requires more preservation and open space in PUD than it does in RS-10, the developer will continue to work with all agencies to protect habitat and wildlife species on the site; noted any future development within the site will be judged against this conceptual plan; discussed the City's long term transportation plan; stated this zoning does provide appropriate 5 Special City Council Meeting Apd121,2004 Page Six transitional zoning under its definition; and as to school impact, that impact fees will be paid if the County follows through on its impact fee plans. Lynn Keller responded to questions regarding protected wildlife and plants and their work with US Fish and Wildlife; said they will explore whether there is an alternate nest site; and that there will be deed restrictions but not with respect to age. The City Manager said SJRWMD acquired the existing 167-acre to develop the passive stormwater park site due its direct access to Collier Creek waterway and its being the appropriate size. The City Attorney said development can be banned to protect eagles if someone else purchases the property from the developer. Attorney Casalino thanked City Council and reminded them that this item is quasi-judicial~ and they have an obligation to consider the evidence and apply it to the law; and said he believed they had put forward substantial competent evidence that the plan has less impact than current zoning and that it is consistent and compatible with the City's comprehensive plan. He expressed concern for misconception with PUD plans. Staff Summary The City Attorney read from Land Development Code Article XX. Planned Unit Development (PUD). Section 54-4-20.1. General Regulations for Planned Unit Development. The City Attorney asked the applicant's attomey if there were any quasi-judicial deficiencies in this hearing that he would like to note for the record and Mr. Casalino said there were not. The Growth Management Director said a standard subdivision would be able to build at a higher density overall, and would not give the City the right to require preservation of land, which is the reason staff recommended the PUD design. He said the design has been changed to meet concerns in the initial design by eliminating multi-family, and reduced the density to 2.09 rather than the 5 units per acre allowed by RS-10 zoning; that the needs of an entire community have to be taken into consideration not only the adjacent property owners. He said this is not Iow- income housing but market rate housing. He said it is in the hands of City Council to decide what to do with Fleming Street, but MPO is still proposing Fleming in its transportation plan, and noted the City would have to waive the two ingress and egress accesses if Fleming was not utilized. He said administration has done what it is charged with. The City Attorney said this was not zoned PUD when the overall city zoning was put in because only a development request can change a property to PUD. He said City Council is representative of the people, but it must find that it either does or does not meet certain standards as set out in the Code. The Growth Management Director said future changes to this conceptual plan would require Planning and Zoning and City Council approval. Special City Council Meeting Apd121, 2004 Page Seven City Council Deliberation Ms. Monier said RS-10 is a more intense use than PUD zoning, the layout of the highlands could have been better, that PUD conserves more land, and that a variety of housing types is good for the community. She noted there is already a railroad cross over for Fleming. Mayor McCollum asked Richard Reittinger if he, as representative, was still opposed as to the development as proposed tonight and Mr. Reittinger said he was. Mayor McCollum said the City plans have been set out and people expect certain things and they expect compatibility; was concerned because of P & Z denial; and expressed concern for gated communities. Tom Yonge responded the community does not have to be gated. Mayor McCollum said City Council has charged staff with doing just what they did and the buck stops with City Council. He said it is their job to bring the Council the pros and cons and bring the best information they can. Mr. Barczyk noted staff is also following state law. The Growth Management Director said in RS-10 there is 30% green space and in PUD 50%. In response to Mr. Barczyk, the City Attorney said a covenant only comes in to play for proposed annexations. The Growth Management Director said RS-10 properties would still be required to connect to water and sewer. Mr. Coniglio thanked the Growth Management Director for his professionalism; said he considered the project well planned out; and said he liked the project due to the Iow density. In response to Mr. Heptinstall, the Growth Management Director said the average RS-10 lot is 85 x 125, that Fleming Street extension is part of the City's comprehensive plan. In response to Mr. Heptinstall, Tom Yonge said that there is no buffer requirement for RS-10; that there are no wetlands preservation requirements in RS-10 but they would still have to deal with SJRWMD; that a returning eagle would start the five-year clock again; that the developer would not attempt to aggrevate the eagles and would protect them as long as they are there. In response to Mr. Hepstinstall, when asked if he had concerns about no buffer, Mr. Reittinger said the people he represents don't see this property being developed as RS-10 even if it is denied tonight, due to mitigation issues. He said the issue is the interior lots and small setbacks inconsistency with the neighborhood, and the traffic. He said the property is a very nice design but doesn't fit the neighborhood. He said he had no quarrel with the Growth Management Director. 7 Special City Council Meeting Apd121, 2004 Page Eight 04.106 185-198 City Council Motion ON MOTION by Mr. Coniglio, and second by Ms. Monier, to pass Ordinance No. O-04-04 on first reading and schedule second reading and quasi-judicial public hearing for April 28, 2004, the motion failed 2-3 (McCollum, Barczyk, Heptinstall - nay) The City Attorney said City Council could move to deny, remand to P & Z for further recommendation or approve with different conditions, but if there were no further motion it would be deemed to be denied. ON MOTION by McCollum, and second by Mr. Heptinstall, to deny this project and keep it as RS-10, the motion passed 3-2 (Coniglio and Monier - nay) This motion eliminated the second hearing. The City Attorney advised that the motion could be reconsidered at the next meeting. A brief recess was celled from 10:10 p.m. to 10:15 p.m. Quasi-Judicial Hearin.q Resolution No. R-04-13 Special Exception Request for a Proposed Sinqle Family Residence to be Located within the Industrial Zonin.q District Alon.q Hiqh Street (GMD Transmittal 4/5/04, R-04-13, Ad, P & Z Recommendation, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR RESIDENTIAL USE IN AN INDUSTRIAL ZONING DISTRICT AT 730 HIGH STREET; PROVIDING FOR CONFLICTS HEREVVlTH; PROVIDING FOR AN EFFECTIVE DATE. Mayor McCollum opened the quasi-judicial headng at 10:15 p.m. Disclosure of Ex-Parte Communication Mr. Coniglio, Ms. Monier and Mr. Barczyk disclosed ex-parte communications with the owner of the properbj. Swearinq In The City Clerk swore in all who intended to offer factual testimony. Applicant Presentation: Joe Graham, Angler Inn, Indian River Drive, friend of the property owner, presented the request. Staff Presentation of Findinqs and Analysis: The Growth Management Director said this is exactly what staff would like to see in this area and recommended approval. 8 Special City Council Meeting April 21, 2004 Page Nine Council Questions There were no adverse comments. Mr. Graham responded to Mr. Heptinstall as to why there had been dirt hauled in to the property. Mr. Heptinstall said he did not appreciate people jumping the gun on properties. Mr. Graham said the City Engineer said there would be a need for engineering on the property. Mr. Heptinstall asked if the owner intended to open up a car business on the site, and Mr. Graham said he planned to bring down a few care to park there, but will only be a part time resident and will live on the property. Ms. Monier said she was all for mixed use in the Riverfront District. Public in Favor - None Public Opposed - None Applicant Response - None Staff Summary - None City Council Deliberation - None City Council Motion ON MOTION by Mr. Barczyk, and second by Mr. Heptinstall, the City Council unanimously passed Resolution No. R-04-13. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Henry Madsen, Tree and Landscape Advisory Board, 10:36 p.m., who had signed up for the last meeting, discussed the need for investigation of lack of enforcement of the landscape code by staff and problems with the design of landscaping for the new Municipal Complex. He said a meeting has been scheduled by the City Manager and he has been invited to the meeting. The City Manager said adjustments have addressed and a meeting will be held next week. Mr. Madsen said at least 90% of CO's are issued without complying with the landscape code. Mayor McCollum said a report will be brought back to City Council by the City Manager. The City Manager said he would like specific addresses of non-compliance from Mr. Madsen. Special City Council Meeting April 21,2004 Page Ten 11. OLD BUSINESS 04.088 199-208 First Readinq of Ordinance No. 0-04-03 Voluntary Annexation of 56-Acre Planned UnitDevelopment to be Known As Ashbury Subdivision (GMD Transmittal 4/5/04, O-04-03,Exhibit A, Letter of Request, Location Map, Survey, F.S. 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 56 ACRES, MORE OR LESS, BEING A PART OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST LOCATED SLIGHTLY NORTH OF SEBASTIAN ELEMENTARY SCHOOL; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-04-03 by title. Mr. Heptinstall requested that the conceptual plan for the Ashbury Subdivision come back to City Council at the next regular meeting. The City Attorney said May 12th would be the earliest due to advertising constraints. ON MOTION by Heptinstall and second by Mr. Coniglio to reconsider conceptual plan on Ashbury Subdivision, passed 4-1 (McCollum - nay) Mr. Barczyk said he would be absent on May 12, 2004. Mayor McColium announced the hearing will be held on May 12, 2004. The City Attorney said this will be a rehearing, Council would hold the record of the first hearing and hear new evidence, and if the vote was 2-2 the vote would have the same effect as the original vote. He continued that the annexation was strictly legislative, that this is first reading, and he recommends if it the consensus of Council not to approve it, it could deny it at the first reading. Mayor McCollum asked it the covenant would still reflect 3.47 units per acre, and the developers stated they would not come back with more than 3.47, and noted the contract states the owner must sign the covenant and it is yet to be signed. Mr. Heptinstall said after many hours of research he found several things about the project that concerned him and should be seen; and he is satisfied with what Council is doing. Ms. Monier said the way to control development is to annex it. Mayor McCollum said comments by a Planning and Zoning member at its last meeting that City Council should ignore to its constituents was inappropriate and not in compliance with the City Council's oath to represent people. 10 Special City Council Meeting April 21, 2004 Page Eleven Mr. Coniglio said Council also has to look at health, safety and welfare issues. Andrea Coy, 333 Pineapple Street, said she was motioned down by Ms. Monier at a previous Planning and Zoning Commission meeting. She said 500 people of Sebastian are asking that City Council not annex this property for anything but conservation. She asked why this ordinance is no longer tied to what occurred last week, and questioned the process. Mrs. Coy said the owner is Virgil Thornton who is here tonight. Ms. Monier said she was not in a position of authority to stop Mrs. Coy from speaking at the meeting she referenced and Mayor McCollum said he had been referring to a meeting of Planning and Zoning last week. The City Attorney advised that any item can be reconsidered up to the next meeting. Walter Barnes, 402 Azine Terrace, Sebastian, said this parcel is in the center of Sebastian and cries out for annexation, if not, the residents would use city services and would pay no taxes. Maryann Krueger, questioned the method being used and said she agreed with people who are opposing the development. Maureen Cummings asked what land use and zoning the annexation is being tied to. She said the Indian River County School District Committee, and Mr. Smith agreed to look into the possibility of purchasing the land and asked that this be put off until this is ascertained. The City Attorney suggested someone could contact the School Board. ON MOTION by Ms. Monier, and second by Mr. Coniglio, to approve the first reading of Ordinance No. 0-04-03, motion passed 3-2 (McCollum, Barczyk - nay) 04.037 2o9-214 First Readinq of Ordinance No. O-04-05 Establishinq a CRA Advisory Committee andSchedule Public HearinR for Apdl 28, 2004 (City Attorney Transmittal 4/6/04, 0-04-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE CHAPTER 78, ARTICLE III, PLANNING: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-04-05 by title and bdefly described the language. 11 Special City Council Meeting April 21, 2004 Page Twelve 04.050 221-230 Ms. Monier said the other four members should be people who own businesses in the CRA district. Mayor McCollum said he would be concerned if all these people were not residents. It was decided that Council members could review the parameters and decide at the second reading. ON MOTION by Barczyk, and second by Coniglio, the City Council unanimously passed Ordinance No. 0-04-05 on first reading and scheduled a public hearing for May 12, 2004. At this time, at the request of Mayor McCollum, the City Manager presented New Business items 12 A-G. The City Attorney said all items could be approved in one motion. On MOTION by Mr. Coniglio, and second by Mr. Barczyk, motion to approve New Business item A through G as recommended by staff in the agenda packet was unanimously approved by Council. 12. NEW BUSINESS Approve Work Authorization No. 1 Under Stormwater EnqineerinR with Contract/WCG/NeeI-Schaffer for Wentworth Ditch and Potomac Ditch (Phase I) Stormwaterlmplementation Proiect Consistent with Adopted Master Stormwater Manaqement Plan (MSWMP) and Appropriate Not to Exceed $51,605 from Stormwater Utility Revenue Bonds Proceeds (En.qineerinq Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 1 to WCG/Neel Schaffer under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Wentworth Ditch and Potomac Ditch (Phase 1) Stormwater Implementation Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $51,605 from the Ston'nwater Utility Revenue Bonds Proceeds. 04.050 231-240 Approve Work Authorization No. 2 Under Stormwater Engineering Contract with WCG/NeeI-Schaffer for Blossom Ditch Improvement Proiect Consistent with Adopted Master Stormwater Manaqement Plan (MSWMP) and Appropriate Not to Exceed $52,380 from Stormwater Utility Revenue Bonds Proceeds (Enqineerinq Transmittal 4/5/04, Proposed Work Authorization) 12 Special City Council Meeting April 21, 2004 Page Thirteen Staff recommended the award of the proposed Work Authorization No. 2 to WCG/Neel Schaffer under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Blossom Ditch System Improvements Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $52,380 from the Stormwater Utility Revenues. 04.050 241-250 Approve Work Authorization No. 3 Under Stormwater Enqineerinq Contract with WCG/Neel-Schaffer for Periwinkle Drive Stormwater Implementation Project Consistent with Adopted Master Stormwater Mana.qement Plan (MSWMP) and Appropriate Not to Exceed $65,692 from Stormwater Utility Revenue Bonds Proceeds (Enqineerinq Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 3 to WCG/Neel Schaffer under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Periwinkle Drive Stormwater implementation Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $65,692 from the Stormwater Utility Revenue Bonds Proceeds. 04.050 251-26o Approve Work Authorization No. 4 Under Stormwater En.qineerinq Contract with WCG/NeeI-Schaffer for Lower Stonecrop Stormwater Implementation Project Consistent with Adopted Master Storrnwater Manaqement Plan (MSWMP) and Appropriate Not to Exceed $134,722 from Stormwater Utility Revenue Bonds Proceeds (En.qineerinq Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 4 to WCG/Neel Schaffer under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Lower Stonecrop Stormwater Implementation Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $134,722 from the Stormwater Utility Revenue Bonds Proceeds. 13 Special City Council Meeting April 21, 2004 Page Fourteen 04.050 E. 261-274 04.050 F. 275-290 04.050 G. 291-304 Approve Work Authorization No. 1 Under Stormwater Enqineedn.q Contract with CDM for Collier Canal Rehabilitation and Stormwater Retrofit Project Consistent with Adopted Master Stormwater ManaRement Plan (MSWMP) and Appropriate Not to Exceed $174,795 from Stormwater Utility Revenue Bonds Proceeds (En.qineerinR Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 1 to CDM under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Collier Canal Rehabilitation and Stormwater Retrofit Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $174,795 from the Stormwater Utility Revenue Bonds Proceeds. Approve Work Authorization No. 2 Under Stormwater Enqineednq Contract with CDM for Collier Canal Seawall Desiqn Proiect Consistent with Adopted Master Stormwater Manaqement Plan (MSWMP) and Appropriate Not to Exceed $238,702 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 2 to CDM under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Collier Canal Seawall Design and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $238,702 from the Stormwater Utility Revenue Bonds Proceeds. Approve Work Authorization No. 3 Under Stormwater Enqineerin.q Contract with CDM for Twin Ditches Stormwater Retrofit Project Consistent with Adopted Master Stormwater Mana.qement Plan (MSWMP) and Appropriate Not to Exceed $134,722 from Stormwater Utility Revenue Bonds Proceeds (EnRineerinq Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 3 to CDM under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Twin Ditches Stormwater Retrofit Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $106,885 from the Stormwater Utility Revenue Bonds Proceeds. 14 Special City Council Meeting Apdl 21, 2004 Page Fifteen 04.108 C. 215-220 Potential Options for Relocation of Old Snowshoe House on United States H .qhway One(CM/GMD Transmittal 415104, Maps) The City Manager presented staff recommendation to locate the historic building at Colonel A.T. Jordan Park. Following a lengthy discussion, and input from Kerry Firth, Ruth Stanbddge, and Bill Ingui, Parks and Recreation Chairman, the City Manager was directed to get a clarification from Mr. Brown on what he wanted to do with the house, the item was sent back to Parks and Recreation for a recommendation. The following items were not addressed and will be set out as normally scheduled on April 28, 2004. t3. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS 04.110 Mr. Coni,qlio Ms. Monier i. Indian River County Utilities Rate Equalization Charqe Mr. Barczyk Mayor McCollum Mr. Heptinstall 17. Being no further business, the Mayor called the Special Meeting adjourned at 12:35 a.m. Hay 12~ 2004 Nathan B. McCollum, Mayor ~Sa~F~ A. Ma?/, 'OMC,~y Clerk 15 THIS PUBLIC INPUT SIGN-UP SHEET WAS USED AT THE APRIL 21, 2004 SPECIAL MEETING DUE TO INCOMPLETION OF THE APRIL 14, 2004 REGULAR MEETING AND THE REMAINDER OF 1TS ITEMS CARRIED TO 4/21/04. ~'"-' / INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET April 14, 2004 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: Name: ~L New Subject: Name: New Subject: Name: New Subject: THIS PUBLIC INPUT SIGN-UP SHEET WAS USED AT TIlE APRIL 21, 2004 SPECIAL MEETING DUE TO INCOMPLETION OF THE APRIL 14, 2004 REGULAR MEETING AND THE REMAINDER OF ITS ITEMS CARRIED TO 4/21/04. QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET APRIL 14, 2004 04.106 Quasi-Judicial Headng Resolution No. R-04-13 Special Exception Request for a Proposed Single Family Residence to be Located within the Industrial Zoning District Along High Street A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR RESIDENTIAL USE IN AN INDUSTRIAL ZONING DISTRICT AT 730 HIGH STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS THIS PUBLIC INPUT SIGN-UP SHEET WAS USED AT THE APRIL 21, 2004 SPECIAL MEETING DUE TO INCOMPLETION OF THE APRIL 14, 2004 REGULAR 1VI~ETING AND THE REMAINDER OF ITS ITEMS CARRIED TO 4/21/04. QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET APRIL 14, 2004 04.107 First Reading and Quasi-Judicial Public Hearing of 0-04-04 Rezoning/Conceptual PUD Plan for 162+/- Acres of Land to be Known as Sebastian Preserve AN ORDINANCE oF THE CITY OF SEBASTIAN, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN TOWNSHIP 31 SOUTH, RANGE 39 EAST, SECTION 18 NORTH OF ENGLAR DRIVE CONTAINING 162 ACRES, MORE OR LESS, FROM RESIDENTIAL SINGLE FAMILY (RS- 10) TO PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN KNOWN AS SEBASTIAN PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIUTY; PROVIDING FOR EFFECTIVE DATE. 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