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Home My WebLink About05122004HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 12, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor celled the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Councilman Heptinstall. The invocetion was given by Father Morrissey of the St. Sebastian Catholic Church. ROLL CALL City Council Present: Mayor Nathan McCollum Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier City Council Absent: Vice-Mayor Joe Barczyk (excused) Staff Present: City Manager, Terrence Moore City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Assistant Finance Director, Debra Krueger Growth Management Director, Tracy Hass Public Works Director, Terry Hill Stormwater Engineer, Ken Jones Police Lieutenant, Greg Witt City Attorney, Rich Stringer (excused absence) Regular City Council Meeting May 12, 2004 Page Two 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) On MOTION by Mayor McCollum and second by Mr. Coniglio, Council added a dedication of easement to Indian River County for the airport to the consent agenda as item I. (see request attached) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.124 A. National Hurricane Awareness Week May 16-22, 2004 The Mayor read the proclamation and presented it to Etta LoPresti, Indian River County Emergency Management. 04.125 B. National EMS Appreciation Week May 16-22, 2004 The Mayor read the proclamation and presented it to Indian River County Chief Brian Burkeen and Deputy Chief Corey Richter. 04.035 Presentation by Director of Finance, Shai Francis 2nd Quarter Budqet Amendment The Director of Finance presented the 2003/2004 budget amendment. CONSENT AGENDA All items on the consent agenda are considered murine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a momher of City Council so requests; in which event, the item will be removed and acted upon separately. 1-16 A. Approval of Special Meeting Minutes - 4/21/04 17-26 B. Approval of Regular Meeting Minutes - 4/28/04 04.126 27-28 Approve Contribution in Amount of $200.00 to Sebastian River Middle School for 2004 Third Annual 8th Grade Graduation Celebration (City Manager Transmittal 5/3/04, Letter) 04.035 29~4 Resolution No. R-04-19 Adopting an Amended FY2003/2004 2na Budget Quarter (Finance Transmittal 4/230/04, R-04-19, Exhibit A, Memo, Reports, Schedules, Statement) 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. 2 Regular City Council Meeting May 12, 2004 Page Three 04.127 85~6 04.128 87102 04.129 103-138 04.050 139-140 new E. Approval of Fiscal Year 2004-2005 Budget Calendar (Finance Transmittal 4/29/04) Resolution No. R-04-21 Vacation of Easement Sebastian Village Resort, Lots 13 & 14, Block 1, Indian River Hills Subdivision (GMD Transmittal 5/5/04, R-04-21, Map, Report, Letters, Easement, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 13 AND 14, BLOCK 1, INDIAN RIVER HILLS SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Approve Grant Proposal to Florida Department of Environmental Protection for Participation in Federal Clean Water Act Section 319 Program (Engineering Transmittal 4/30/04, Application) Blossom Ditch Improvements Project (Engineering Transmittal 4/29/04) Easement to Indian River County (added during agen~la modifications) On MOTION by Mr. Coniglio and second by Ms. Monier, Council unanimously approved the consent agenda in its entirety (items A-I) (4-0). 04.037 141-146 COMMI'I-rEE REPORTS/RECOMMENDATIONS - none PUBLIC HEARING Second Readin.q, Public HearinR and Adoption Hearinq of Ordinance No. O-04-05 Citizen Redevelopment Advisory Committee (City Attorney Transmittal 5/5/04, 0-04-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 78, ARTICLE III, PLANNING: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Clerk read the title and the Mayor opened the public hearing at 7:15 p.m. Ruth Sullivan, Indian River Drive, Sebastian, urged that all members be City residents as is required of other City boards, and that district taxes not go to private developers such as was done with Jackson Street. 3 Regular Ci~ Council Meeting May12,2004 Page Four Ms. Monier suggested the Chamber representative be a regular member and Mayor McCollum suggested the Sebastian Property Owner representative should also be a regular member. There were no objections. Ms. Monier suggested initial Council appointees serving only one year be ex-officio members for one additional year when the City Council term ends. There were no objections. On MOTION by Mr. Coniglio and second by Ms. Monier, Council unanimously approved Ordinance No. 0-00-05 with changes. (4-0) 04.122 147.150 Second Readin.q, Public Hearing And Adoption Hearinq of Ordinance No. O-00-06 City Park Alcohol Use (City Attorney Transmittal 5/5/00, O-04-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE SECTION 74-4: GENERAL REGULATIONS FOR RECREATIONAL FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the title and the Mayor opened the public hearing at 7:30 p.m. On MOTION by Ms. Monier and second by Mr. Coniglio, Cout3cil unanimously approved Ordinance No. 0-00-06 (4-0). Ms. Monier suggested an area for alcoholic beverage sales in parks be established. It was noted that this would be included in the permitting process and that a companion resolution would be brought back to correspond with this ordinance. 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 Mary Ann Krueger, expressed concern for growth. Mickey Groeppler, Wimbrow Drive, Sebastian, suggested the snowshoe house be located in Riverview Park. It was noted that this item will be on the next agenda. Ken Mitchell, said the school zone in the area of Pelican Island Elementary is poorly marked and that people are speeding because they are unaware of the zone. The City Manager said staff is in the process of making the zone more clear, and asked Mr. Mitchell if he would meet him on the site. Andrea Coy, Vice President Sebastian Property Owners Association, said the Recreation Board does not support the snowshoe house being moved next to the Chamber. Walter Barnes said the purpose of a joint meeting with Indian River County and the other municipalities never came to be, and advised that someone on this Council needs to take control of the agenda. 4 Regular City Council Meeting May 12, 2004 Page Five He further advised that in the past Council has not allowed people to criticize staff or Council; and urged annexations be approved to keep control of development; and expressed concem for NIMBY (not in my back yard) groups who object to development. Daniel Moira, talked about Barber Street traffic and truck use and asked for stop signs to control it. The City Manager said he planned to put an article in the Pelican Bdef explaining the types of roads. He offered a future presentation explaining stop sign and traffic light requirements and legalities with the City Engineer. Mayor McCollum suggested an item for June 23, 2004. Mr. Moira requested truck use also be explained at the meeting. Ruth Sullivan, Indian River Drive, Sebastian, said money is being taken from the Community Redevelopment District and used for private development rather than projects that will benefit the entire community. Warren Dill said quality development of the Riverfront should not be stopped by voices of objection, noting that Council oversees the expenditure of these funds. Tape I, Side II, 8:00 pm Damian Gilliams said the parking along Jackson Street is available to the public. Mayor McCollum called recess at 8:13 p.m. and reconvened the meeting at 8:20 p.m. All members present at roll call were present. 11. OLD BUSINESS - None 12. NEW BUSINESS 04.130 a. 151-162 First Readinq Ordinance No. 0-04-07 Cross Creek Annexation - Set Public Hearinq For June 2, 2004 (GMD Transmittal 514104, 0-04-07, Letter. MaD. FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES. MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the title. The Growth Management Director said he had a formal presentation prepared for the June 2nd hearing. In response to Mr. Heptinstall the Growth Management Director speculated that Indian River County would probably support an increase of density from its current zoning. Ms. Monier asked if it was Council's intent to do a blanket three units per acre in the covenants for annexation. The Growth Management Director said if the City gets into specific densities in its covenant, it is getting into the area of contract zoning. Mayor McCollum gave a power point presentation regarding all annexations. 5 Regular City Council Meeting May 12. 2004 Page Six He said taxes wi!l not be seen for at least three tq four years, new houses will be eligible for exemptions, additional staff will ~ needed, general funds may need to cover enterprise funds, the core of the City which has been paying taxes expect maintained levels of service, noted that the only major thoroughfare affected that is maintained by the City is Barber Street, density is likely to remain the same, businesses will continue to flourish whether or not they annex, said added commercial and infrastructure would be benefits of annexation. Mr. Coniglio agreed there is a need for commercial, however, this would increase the need for police, permit fees are in the control of the City, people will use our services, the developments are cleaner than anything we have currently, the County will not leave these properties agricultural, these areas are within the urban service area, and City taxpayers will pay for increased police protection whether or not it is annexed. Mayor McCollum said he supports Cross Creek annexation since it will provide infrastructure and has addressed citizen concerns. Ruth Sullivan, Sebastian, said residential growth does not pay for itself. On MOTION by Mr. Coniglio and second by Heptinstall, City Council unanimously passed Ordinance No. 0-04-07 on first reading and set public hearing for June 2, 2004. (4-0) 04.130 163-178 First Readinq Ordinance No. O-04-08 Cross Creek Rezoninq - Set Public Hearinq for June 2, 2004 (GMD Transmittal 5/4/04, 0-04-08, Plan, Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMiLY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL I UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the corrected title. 04.131 179-188 On MOTION by Mr. Coniglio and second by Ms. Monier, City Council unanimously passed Ordinance No. 0-04-08 on first reading and set public hearing for June 2, 2004. (4-0) First Readinq Ordinance No. O-04-09 Spencer Annexation - Set Public Hearinq for June 2, 2004(0-04-09, Le~er. MaD. FSI AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 6 Regular Ci~ Council Meeting May12,2004 Page Seven The City Clerk read the title. Ms. Monier said she did not believe it would be necessary to hire police officers in the beginning stages of the development. Mayor McCollum said this offers no tax benefit to the City, and expressed concern for safety on CR 510. Mr. Coniglio said the City is the only entity in the county that has a covenant. Mr. Heptinstall said some of the developments seem to be an effort to increase density and would not support this annexation. The Growth Management Director noted that another development in this same area was just approved at three units per acre. Ms. Monier noted the current land use of L1 which already allows three units per acre. Ruth Sullivan said annexation destroys the small town atmosphere as evidenced by a study conducted several years ago. Ann Putman, Cross Creek Circle, asked if the City is prepared to build roads to this development. Bruce Moia, Mosby and Associates, project engineer, said this is not an attempt to increase density and would be a simple rezoning for the county. He said Mr. Spencer has been working this land for twenty years and now wants to develop it as residential. He said this piece and other pieces will be used to develop a new collector read to the school. Mickey Groeppler said there will be a tremendous strain on the City's resources. Andrea Coy, 333 Pineapple Street, Sebastian, said there is about 40% of the existing City left to be developed and there is already a need for increased staff. Tape II, Side I, 9:11 pm Damian Gilliams, Sebastian, said the gentleman has worked his land for years and now wants to develop his land. On MOTION by Mr. Coniglio, and second by Ms. Monier, to pass Ordinance No. 0-04-09 on first reading, the motion tied 2-2 (failed - McCollum, Heptinstall nay) The City Attorney was contacted by telephone and advised that since the opportunity exists to reconsider this item by the two prevailing members and the absent member at the next regular meeting, a motion to table the following item could be made. 7 Regular City Council Meeting May 12, 2004 Page Eight 04.131 D. 189-202 04.132 203-212 04.132 213-230 First Readinq Ordinance No. O-04-10 Spencer Development Rezoninq - Set Public Hearinq for June 2, 2004 (GMD Transmittal 5/4/04, O-04-10, Plan, Report, Recommendation. ADDlication) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SiNGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31. RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the corrected title. MOTION by Ms. Monier and second by Mr. Coniglio to table to time uncertain, Council tabled 0-04-10 to time uncertain (4-0). First Readinq Ordinance No. O-04-11 Sebastian Crossinqs Annexation - Set Public Hearinq for June 2, 2004 (GMD Transmittal 5/4/04, O-04-11, Letter. MaD. FS) AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Clerk read the title. The Growth Management Director responded to concerns of Council. Andrea Coy, 333 Pineapple Street, Sebastian expressed the same concerns as the previous annexation. The Growth Management Director noted a correction to the packet. On MOTION by Mr. Coniglio and second by Ms. Monier, City Council unanimously passed Ordinance No. O-04-11 on first reading and set public hearing for June 2, 2004. (4-0) First Readinq Ordinance No. O-04-12 Sebastian Crossin,qs Rezonin,q - Set Public Hearing for June 2, 2004 (GMD Transmittal 5/4/04, O-04-12, Plan, Report, Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL GENERAL (cg) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR REPEAL OF QRDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8 Regular City Council Meeting May 12, 2004 Page Nine 04.133 231-240 On MOTION by Ms. Monier and second by Mr. Coniglio, City Council unanimously passed Ordinance No. O-04-12 on first reading and set public hearing for June 2, 2004. (4-0) G. First Readinq Ordinance No. O-04-13 River Oaks Preserve Annexation - Set Public Hearinq for June 2, 2004 (GMD Transmittal 5/4/04, O-04-13, Letter, Map, FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the title. Ms. Monier expressed her concern for protecting the Sebastian River buffer. Andrea Coy said she would address her same concerns before the County Commission. On MOTION by Ms. Monier and second by Mr. Coniglio, City Council passed Ordinance No. O- 04-13 on first reading and set public hearing for June 2, 2004, by a vote of 3-1 (McCollum - nay) 04.133 241-262 First Read n.q Ordinance No. O-04-14 River Oaks Preserve Rezonincl - Set Public Hearinq for June 2, 2004 (GMD Transmittal 5/4/04, O-04-14, Plan, Report, Recommendation, Application) 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-l) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Clerk read the title. On MOTION by Mr. Coniglio and second by Mr. Heptinstall, City Council passed Ordinance No. O-04-14 on first reading and set public headng for June 2, 2004, by a vote of 3-1 (McCollum - nay) Mayor McCollum called recess at 9:43 p.m. and reconvened the meeting at 9:48 p.m. All members present at roll call were present. 9 Regular City Council Meeting May 12, 2004 Page Ten 04.039 1. Impact Fee Discussion (Memo, IRC Impact Fee Study) 263-284 Council comments: Mr. Coniqlio What is cost to city to collect impact fees Noted fees have to be used in six year period or lose them, must be used on capital projects Noted exemptions to affordable housing will fall back on taxpayers Said county needs to answer fourteen questions listed in the policy summary Noted this may increase property taxes Mr. Heptinstall Stated there were problems with formula calculations at yesterday's traffic impact meeting - inquired how will they calculate and formulate other impact re.es People living here now are using amenities now Commission admitted to being seven years behind and now want to jump too high to catch up with growth County and Cities should sit down and come up with equitable way to do this Impact fees are important but they need to come up with fair and equitable process Ms. Monier Problem with sense of urgency Problem with city residents who may want to build and won't be able to afford it Mayor McCollum Requested staff report on cost to collect the impact fee. The City Manager responded 5 to 10%. Suggested sending a letter asking County to make a presentation and advise them what it would cost the City to administer. City Council concurred. 13. CITY ATTORNEY MATTERS Absent. t4. CITY MANAGER MATTERS None. 10 Regular City Council Meeting May 12, 2004 Page Eleven 15. 04.039 285-286 16. 287-288 Tape II, Side Ii, 10:21 pm CITY CLERK MATrERS A. Joint Meetin.q with Indian River County Commission, School Board and Other Municipalities Reqardin.q Visioninq -June 1, 2004 (City Clerk Transmittal 5/5/04) Informational only. CITY COUNCIL MATTERS A. Mr. Barczyk - absent B. Mayor McCollum i. Indian River County Hospital District Planninq Advisory Committee (City Clerk Transmittal 5/4/04, Letter) Mr. Coniglio said he would serve on this committee. Other Matters Mayor McCollum distributed material regarding available property. Damian Gilliams said there are six acres available from Clark Olmstead, which could provide 248 parking spaces and other amenities. On MOTION by Mr. Coniglio and second by Ms. Monier, City Council extended the meeting to 11 p.m. It was the consensus of Council to have the City Manager look into the possibility of the Boys and Girls Club partnering or other options for put. chase, terms with Mr. Olmstead, and whether the property could be annexed. The City Manager said he would report on May 26t~. Mayor McCollum asked for an up to date report and monthly financial reports on the Municipal Complex project. Mayor McCollum asked if a contract has been signed for the existing City Hall project, and the City Manager said he will be reporting back with a recommendation in June. C. Mr. Heptinstall None. 11 Regular City Council Meeting May 12, 2004 Page Twelve t7. D. Mr. Coniqlio Reported on correspondence regarding perceived problems with Skydive Sebastian. The City Manager reported staff is t~ing to get a commitment from them for the new skydive area and that he will report in his Friday newsletter. Suggesting starting a tree bank behind the new complex; requested a presentation from the County health department on height of lots. The City Manager will invite the Health Dept. to make a presentation; noted the last concert in the park is tomorrow. E. Ms. Monier None. Being no further business, the Mayor adjourned the Regular Meeting at 10:40 p.m. 2004 "~j~t~an B. McCollu~', Mayor ~~~, C~ Clerk City Council Meeting. 12 HOME OF PELICAN ISLAND MEMORANDUM To: From: Subject: Date: Cc: Mayor McCollum and City Council Members Sally Maio, CMC - City Clerk~Yw Correction to 5/12/04 Agenda - titles for Ordinance Nos. 0-04-08 and O-04-10 5/11/2004 Terrence Moore, City Manager; Rich Stringer, City Attorney; Jeanette Williams, Deputy City Clerk Attached please find revised first pages for Ordinance Nos. 0-04-08 Cross Creek Rezoning and O-04-10 Spencer Rezoning. Titles for these ordinances contained errors. sam ORDINANCE NO. 0-04-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS- 10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its smffand Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. ORDINANCE NO. 0-04-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS- 10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND FOR LAND CONSISTING OF 38.27 ACRES, MORE OR LESS, WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510 BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel Spenser has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. HOME OF PELICAN ISLAND MEMORANDUM To: From: Subject: Date: Cc: Mayor McCollum and City Council Members Sally Maio, CMC - City Clerk Requested Addition to 5/12/04 Agenda - Easement and Bill of Sale of Utilities to Indian River County 5/11/2004 Terrence Moore, City Manager; Rich Stringer, City Attorney; Jeanette Williams, Deputy City Clerk The City Manager has requested the addition of the following item to the May 12, 2004 Consent Agenda: Easement and Bill of Sale of Utilities to Indian River County Attached to this memo please find: · Airport Director, Jason Milewski Memo dated May 10, 2004 · Easement · Bill of Sale Sam MUNICIPAL Memorandum · TO: Cc: FROM: DATE: RE: Terrence Moore, City Manager :~a;;;~0 i41ewski, Airport Directo~____~ Easement and Bill of Sale of Utilities to Indian River County This memo is in reference to the recently installed waterlines at Sebastian Municipal Airport. In order for the Indian River County Utilities department to issue water meters and allow serrate along the newly constructed line, we must execute the attached "Easement and Bill o£$ale to Indian River County." This is a standard procedure and part of the County's mandatory submittals in order to activate service. The document has been reviewed by both Airport staff and our City Attorney. In order to expedite the issuance of a Certificate of Occupancy (CO) for Sheltair Sebastian's T- hangar development, I'm requesting that this item be placed on the agenda for the May 12, 2004 regularly scheduled meeting. If the item is approved, the T-hangar project can be closed out as soon as the CO is received. Please also note that per our lease agreement with Sheltair, the 'investment fee' portion of their annual rent ($56,000/year) begins as soon as the CO is issued, hence my recommendation to expedite this matter. Please contact me should you require any additional information. Eno. (1) /jm E:\Coorespondence\City ManagerhMEMO UtJtily dedication.doc EASEMENT AND BILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, that: The City of Sebastian the address of which is: 1225 Main Street, Sebastian, FL 32958 , hereinafter called GRANTOR, in consideration of value received, thc receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, alien, remise, release, convey, and confrrm unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Veto Beach, FL 32960, hereinafter called GRANTEE, a perpetual easement and right of way for UTILITY PURPOSES over, across, and beneath the following described land, situate, in Indian River County, Florida, for the purpose of installing, replacing, rcpairing, and maintaining the hereinafter described utilities, and firrther sells, assigns or conveys title to all utility facilities now installed by or on behalf of GRANTO!~, to-wit: EiX H I RITS ATTACHJED H ~;RETO AND MADE A PART H E REOF (Description of Real Propc'rty and U~51ity Facilities) And GRANTOR hereby warrants to the GRANTEE that it is lawfully seized of free and unencumbered title to the above-described real estate and facilities conveyed hereby; that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the granting and sale of said property and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoevex. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE, due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR shall be solely table and shall save GRANTISE harm/ess from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. Page 1 of 2 EASEMENT AND BILL OF SALE OF UTILITY FACILITIES IN WITNESS WHEREOF, the GRANTOR has hereto set its hand and seal this __ day of ,20 Signed, sealed, and delivered in the presence of.' Company Name: Witness: sign printed name: Witness: By: sign Printed name: (title, if eorp.) printed name: (corporate acknowledgment) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this , 20 , by ~ as said corporation. S/he is 'personally known to me or did produce identification. day of , on behalf of as My Comrmssion Expires: Notary Public printed name: Commission # (individual acknowledgment) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this 20 ., by who is personally lmown as identification. My Commission Expires: day of to me or did produce Notary Public Commission # Attachment: EXHIBITS Page 2 of 2 EASEMENT AND BILL OF SALE OF UTILITY FACILITIES MUNICIPAL AI£POR3' Sebastian Municipal Airport City of Sebastian Bill of Sale Project: Sebastian Airport UCP #2257 Bill of Sale Date: 16-Apr-04 Estimator: MCJ Item No. ISr~ec, NO. Iltem Description I Quantity Unit Unit Pricet Extension 8" WATER SERVICE a 2501 8" PVD 4,297 LF $18.00 $77,346 18" DIP 371 LF $21.00 $7,791 b 2501 c 2501 16" HDPE 780 LF $9.90 $7,722 d 2501 i6' PVC 633 LF $11.0¢ $6,963 e 2501 i6" DIP 20 LF $16.00 $320 f 2501 6" HOPE 40 LF $6.30 $252 g 2501 8" DIRECTIONAL BORE INSTALLATIONS 5 EA $10,000.00 $50,000 h 2501 6" DIRECTIONAL BORE INSTALLATIONS 1 EA $1,750.00 $1,75C i 2501 FFTTINGS 1 TON $6,000.00 $6,00C j 2501 8" HOPE RESTRAINERS 14 EA $440.00 $6,16C k 2501 6" HOPE RESTRAINERS 3 EA $332.00 $996 I 2501 8" PVC/DIP RESTRAINERS 138 EA $86.20 $11,696 'm 2501 6" PVC/DIP RESTRAINERS 6 EA $51.40 8308 n 2501 12" x 8" TAPPING SLEEVE 2 EA $2,005.00 $4,010 o 2501 12" x 6" TAPPING SLEEVE 1 EA $2,000.00 $2,000 p 2501 8" TAPPING VALVE 2 EA $700.00 $1,400 q 2501 6" TAPPING VALVE 1 LF $500.00 $500 r 2501 8" SOLID WEDGE GATE VALVE 12 EA $750.00 $9,000 s 2501 6" SOLID WEDGE GATE VALVE 1 EA $535.00 $535 t 2501 1" PRE-MOLDED PE TAP & CORP. STOP 1 EA $250.00 $250 h 2501 1" WATER SERVICE (COMPLETE) 6 EA $550.00 $3,300 v 2501 FIRE HYDRANT ASSEMBLY (COMPLETE) 11 EA $3,350.00 $36,850 w 2501 TEMPORARY WATER SUPPLY JUMPER 1 LS $680.00! $660 x 2501 BACTERIOLOGICAL SAMPLE POINT 8 EA $305.0C $2,440 y 2501 205 LF16" STEEL CASING PIPE W/SPACER~ 1 LS $22,000.0C $22,000 z 2501 VIANAGEMENT OF TAXIWAY TRAFFIC 1 LS $750.0C $760 aa 2501 SURFACE RESTORATION OF TAXIWAY 1 LS $10,000.0C $10,000 ab 2501 SURFACE RESTORATION I LS $2,500.0C $2,500 Totat: On-Site Water $273,71c, 4/16/2004 1 of 1 bDI oDssUe*x26*mad-~e~ater_sa~er.,~sV~cess Reads Water Sever FOR SALE OR LEASE OFFICE / RETAIL -- 11640 U.S. Highway 1 Sebastian -lndian River County Florida 32958 t 2[LO00 OFFICE I RE'rAIL C.B.S. BUILDING 44,050 Sq. FL General Notes ........ 6 Acres Site Area ............... Building Area ..................44,050 Gross Square Feet Fenced in Area .... ~ ............ 5,000 Square Feet Future Expansion .............. 20,000 Square Feet Number of parking spaces .... 248 MID-FLORIDA REAL ESTATE, Inc. Sebastian Executive Building · Suite A-5 Have a Great Day Free Inlormatlc~ 1623 N, U.S. Hwy 1 · Sebastian, FL 32958 Damien H. Gilliams, G.R,I, Broker-Owner "We Make Real Estate Careers" Off: 772-589-4378 Cell: 772-713-5071 Fax: 772-589-8907 772-589-RENT INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET May 12, 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 carls for input. New Subject: New Subject: New Subject: New Subject: PUBLIC HEARING SIGN-UP SHEET May 12, 2004 04.122 Second Reading, Public Hearing And Adoption Hearing of Ordinance No. O-04-06 City Park Alcohol Use AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE SECTION 74-4: GENERAL REGULATIONS FOR RECREATIONAL FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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 PUBLIC HEARING SIGN-UP SHEET May 12, 2004 04.037 Second Reading, Public Hearing and Adoption Hearing of Ordinance No. O-04-05 Citizen Redevelopment Advisory Committee AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 78. ARTICLE III, PLANNING: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMH ~ t::E; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS ADDRESS NAME NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS