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HomeMy WebLinkAbout01122005HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 12, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor McCollum called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Coniglio. There was a moment of silence. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Trace Hass City Engineer, David Fisher Public Works Director, Terry Hill Airport Director, Jason Milewski Human Resources Director, Jim Sexton Police Chief, Jim Davis Regular Ci~ Council Me~ing Janua~ 12,2005 Page Two 1-34 05,002 05.002 = 05.003 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on file written agenda may be added only upon a unanimous vo~e of City Council members (R- 04-26) Mayor McCollum explained that he has bells palsy in case anyone was wondering why he was holding his face when he speaks. CITY COUNCIL VACANCY (City Clerk Transmittal 1/5/05, Applications, Eligibility Forms) A. Consider Fillin.q Vacancy There was no public input. Mayor McCollum said he has received many phone calls on this issue, that it is difficult to select someone for the position because there are only four meetings left before the election and it would take someone a long time to catch up. He said there are no decisions to be made in the coming weeks on annexations until after the March election, only land use applications tonight which will not come back to Council until probably April with the annexations. He recommended, to meet Charter requirements, whoever is elected on March 8t~ be appointed on March 9th to fill the vacancy; and said he would not be in a position to support anyone tonight nor will obstruct the land use issues. The rest of Council agreed to wait to appoint the vacancy and thanked all applicants who expressed an interest in the position. On a MOTION by Mayor McCollum and SECOND by Mr. Coniglio the filling of the vacancy was tabled until Mamh 9 and at that time the appointment of the individual elected to Council on March 8~ will be placed first thing on the agenda on a roll call vote of 4-0. B Swearing in by City Clerk if Applicable Not applicable. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS A. Accolades to 2004 Employee of the Year, Vaunette Davis Mayor McCollum read a brief commendation for Employee of the Year, Vaunette Davis. Ms. Davis thanked former Human Resources Director Rich Samolewicz for getting her started in human resources, and current Human Resources Director, Jim Sexton for his inspiration. 2 Regular City Council Meeting January 12, 2005 Page Three 05.004 B. 05.005 35-44 45-47 05.006 49 05.007 51-54 Presentation by Representatives from the Florida, Power and Li,qht Company: Appreciation for Partnership with Sebastian Municipal Airport - Staging Area for Hurricane Frances and Hurricane Jeanne Recovery Program and Electricity Restoration Bart Gaetjens, FPL Account Manager, presented the Airport Director with a plaque to show FPL's appreciation for the City's cooperation dudng hurricane recovery by allowing use of the municipal airport as a staging area. Presentation by Department of En,qineering and Stormwater Utility Division: Status Report and Update ReRardincl Stormwater Bond Project Scheduling and Implementation The City Engineer reported on the progress of the four stormwater capital improvement projects (see copy of report and map attached). He thanked CDM and WCG Neel-Schaffer for their expertise and assistance, and responded to questions from Council regarding tiering for the seawall repair, stating it would be aesthetically sound. He then read a letter from the Stormwater Engineer commending stormwater crews during hurricane recovery. CONSENT AGENDA All items on the consent agenda are considered rou~ne and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 12/8104 Regular Meeting B. Approval of Minutes - 12/20/04 Special Meeting Authorize the Acceptance of Easement Dedications from Louisiana Property Owners for Neighborhood Revitalization Program (City Manager Transmittal 1/4/05) Approve the Purchase of One 2005 Chevrolet Colorado Pick-Up Truck from Garber Chevrolet, Inc. Per Florida Shedffs Association Bid Award #04-12-0824 in the Amount of $13,760 (Bldg. Dept. Transmittal 1/3/05, Bid) 3 Regular Cid Council Meeting Janua~ 12,2005 Page Four 05.008 E. 55-56 05.009 F. 5~63 05.010 G. 65-78 05.011 H. 7g-93 05.012 I. 95-98 Approve the Fifth Annual Fine Arts & Music Festival at Riven/Jew Park on January 28, 29 & 30, 2005 · Approve the Following Road Closures from Noon Fdday, January 28, 2005 until 8:00 pm Sunday, January 30, 2005: Indian River Dr. from Coolidge Street South to Southern City Limits, Sebastian Blvd. from Just East of Hess Station, East to Indian River D~fve and Ha~fsoo Street Just East of Dry Cleaners East to Indian River D#ve Approve Beer/Wine Sales and Consumption East of Indian River Drive in the Food & Music Area on Saturday, January 29, 2005 from 10 am to 6 pm and Sunday, January 30, 2005 from 11 am to 4 pm (Public Works Transmittal 12/27/04, Letter) Approve the Exchange Club of Sebastian 12th Annual Blue Water Open Sport fishing Tournament at Riverview Park on Fdday, August 5th, 2005 and Saturday, August 6th, 2005 · Authorize Special Event Agreement Between Exchange Club of Sebastian and the City of Sebastian for Annual Blue Water Open Sport Fishing Tournament - Approve BeerNVine Sales East of Indian River Drive from Harrison Street South to the City Limit on Friday, August 5, 2005 and Saturday, August 6, 2005 (Public Works Transmittal 12/27/04, Application, Agreement) Resolution No. R-05-02 Vacation of Easement - Ruggiano/Perry - Lots 9 & 10, Block 71, Sebastian Highlands Unit 2 (GMD Transmittal 1/5/05, R-05-02, Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 71, REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-05-03 Vacation of Easement - Ames - Lots 22 & 23, Block 159, Sebastian Highlands Unit 5 (GMD Transmittal 1/5/05, R-05-03, Map, Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 & 23, BLOCK t59, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Authorize Change Order #2 to Obstruction Clearing, Runway 9-27 Contract Between City of Sebastian and Ali-Rite Paving Contractors in the Amount of $20,950.00 (Airport Transmittal 1/5/05, Request, Letter) Items C, D, E, and F were removed for discussion. On a MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, items A, B, G, I~ ~d I were approved. Regular City Council Meeting January 12, 2005 Page Five Item C The City Attorney noted that the easements have not yet been received and recommended that the motion be changed to "acceptance upon receipt of Louisiana Avenue easement dedications per approved engineering plans from the above mentioned property owners." On a MOTION by Mayor McCollum, and SECOND by Mr. Coniglio, item C was approved as amended on a roll call of 4-0. Item D Mr. Barczyk asked how the vehicle was funded and the City Manager said it will be a 1 st quarter budget amendment and then stated that there is $14,000 available in the capital budget. On a MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio item D was approved on a roll call of 4-0. Item E Mr. Barczyk said Council decided that all read closings for events are supposed to come before council and all businesses notified, and asked if it is necessary to block off all of Indian River Drive. Ms. Monier and Beth Mitchell addressed City Council citing the agreement in place for this event. Mayor McCollum said Council had previously required that business owners be notified of these uses, though he had discussed this issue with the City Manager yesterday who admitted it was a ~confusion in instructions" thinking the City would notify for unscheduled events or non City- sponsored events and that now, no matter what event, everyone will be notified. Sal Neglia asked if beer and wine sales were always on the east side of the river, and suggested using the park rather than the east side. Beth Mitchell said traditionally they have served beer and wine, and the east side is used so there can be a roped off area specifically set out for this use. Ms. Monier reiterated that no changes have been made for this year's use. She apologized to Mr. Gilliams for not notifying him but did recall noting the event at a past Council me~. Mayor McCollum said this will be the first major event since the hurricane, an event the city is ready for. In response to Mr. Barczyk, the Chief said this is not something his department can't handle. Regular City Council Meeting January 12, 2005 Page Six On MOTION by Mr. Barczyk, and SECOND by Mr. Con/gl/o, item E was approved on a roll call vote of 4-0. Damien Gill/ams began input, however, the City Attorney advised that unless the second was withdrawn, no further deliberation should take place because of the motion on the floor. He also advised that Ms. Monier had no conflict of interest on this vote. Side II, Tape I (8:05pm) Item F Mr. Barczyk requested that business owners be notified. Mr. Coniglio said notification should be by the City. On MOTION by Mr. Barczyk, and SECOND by Mr. Con/gl/o, item F was approved on a roll call vote of 4-0. Mayor McCollum called recess at 8:07 p.m. and reconvened the meeting at 8:17 p.m. All members were present. 9. COMMITrEE REPORTS/RECOMMENDATIONS 05.013 99-119 Plannin.q & Zoning Commission i. Interview Unless Waived, Submit Nominations for Re,qular & Alternate Member Positions (City Clerk Transmittal 1/4/05, Code, Applications, List, Ad) Mr. Barczyk moved to waive the interview due to incumbent interest in the positions, however there was no second. Ultimately the incumbents Mr. Keough and Mr. Simmons were the only nominations and were reappointed to their respective positions. 05.014 121-129 Construction Board i. Interview Unless Waived, Make Nomination for Alternate Member Position (City Clerk Transmittal 12/13/04, Code, Application, List, Ad) Ms. Lanning was the only nomination and was appointed to the contractor position. Cindy Falco-Corrado, an applicant for Planning and Zoning Commission, was nominated for the concerned citizen position and appointed. Regular Ci~ Council Meeting Janua~ 12,2005 Page Seven 10. 04.220 131-133 05.015 13.5-152 PUBLIC HEARING Second Readin,q and Public Hearin.q Ordinance No. O-04-20 Desi.qn Standards Wind Speed (City Attorney Transmittal 1/6/04, 0-04-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26- 31(a) TO DESIGNATE 140 MPH MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. (Press Journal 12/29/04) Mayor McCollum opened the public headng at 8:23 p.m. and the City Attorney read Ordinance No. 0-04-20 by title only. The City Attorney said manufactured homes come under the state building code. There was no public input. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. 0-04-20 was adopted on a roll call vote of 4-0. First Reading & Transmittal Headn.q Ordinance No. 0-05-02 Land Use Amendment for a Proposed 46-Acre Private Subdivision Situated Along Gardenia Street North of San Sebastian Springs Subdivision (GMD Transmittal 1/5/05, 0-05-02, Map, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHESIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF CONSERVATION, 1 UNIT PER TWO AND A HALF ACRES (C- 3) FOR LAND CONSISTING OF 46 ACRES, MORE OR LESS, LOCATED WEST OF GARDENIA STREET AND DOLPHIN AVENUE KNOWN AS CYPRESS BEND SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05 and 1/12/05) Mayor McCollum opened the public hearing at 8:25 p.m; and the City Attomey read Ordinance No. 0-05-02 by title only and advised City Council to disregard the conceptual layout plan when making their decision because it will come back with a rezoning request at a later quasi-judicial hearing. He said the financial analysis submitted can be considered. The Growth Management Director said that Council received conceptual layouts for two of the three properties but he will limit his input to the land use. He recommended approval for transmittal to DCA. He explained the reason for delay of submittal of these applications in response to Mr. Barczyk based on many factors. In response to Mayor McCollum, the Growth Management Director said reduction to three units per acre for Iow density land use will go before Planning and Zoning in February and then on to Council to be part of the City's comprehensive plan and eliminate the need for executed covenant agreements. Regular City Council Meeting January 12, 2005 Page Eight Mayor McCollum stated that this is simply land use and annexation will not be addressed until April or May when DCA comments are received. Robert Hill, Boy Scouts of America, stated they camp on this property. Tim Glover, Friends of St. Sebastian River, said he would reserve his comments for a later time. Richard Scurlock, 1190 Barber Street, suggested going no further and to leave it in the county. Andrea Coy, asked why the City would consider allowing development of a county conservation district. Earl Masteller, Masteller & Moler, Engineers for the project, said the property is presently zoned agriculture. The Growth Management Director said the City has recently seen several properties proposed for development in the county; and stated that Planning and Zoning had recommended approval of this item. Mr. Coniglio cited areas that the county has recently approved for development, noted that no one from Sebastian attended the county meetings to be heard, he said the subject property will be developed and said he hoped it will be developed in the City. Ms. Monier urged approval to give the Council later ability to control and manage growth. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. 0-05-02 was passed on first reading for transmittal to DCA on a roll call vote of 4-0. 05.016 153-170 First Readin.q & Transmittal Hearin.q Ordinance No. 0-05-05 Land Use Amendment for a Proposed 25.5-Acre Addition to the Recently Annexed Cross Creek Subdivision (GMD Transmittal 1/5/05, 0-05-05, Map, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05 and 1/12/05) Regular City Council Meeting January 12, 2005 Page Nine 05.017 171-188 Mayor McCollum opened the public hearing at 8:45 p.m. and the City Attorney read Ordinance No. 0-05-05 by title only. The Growth Management Director gave a brief presentation and recommended approval for transmittal to DCA. Richard Scurlock, objected to approval. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. 0-05- 05 was passed on first reading for transmittal to DCA on a roll call vote of 4-0. First Reading & Transmittal Headnq Ordinance No. O-05-08 Land Use Amending for a Proposed 40-Acre Subdivision Located South of Sebastian River Landings Phase II (GMD Transmittal 1/5/05, O-05-08, Map, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENITAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 40 ACRES, MORE OR LESS, LOCATED EAST OF CR510 AND THE SEBASTIAN RIVER HIGH SCHOOL KNOWN AS THE HAMMOCKS; AUTHORIZING FINDING AND ADMINISTRATIVE ACTIONS; PROWDNG OR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Joumal 1/5/05 and 1/12/05) Mayor McCollum opened the public hearing at 8:52 p.m. and the City Attorney read Ordinance No. 0-05-08 by title only. The Growth Management Director gave a bdef presentation and recommended approval for transmittal to DCA. Bruce Moia, Mosby and Associates, said this property will be developed either way and requested approval. Richard Scurlock, recommended the land be developed at one unit per acre. The Growth Management Director said it is safe to say that all of these properties were once citrus groves, are in the urban service boundary, and in all likelihood the county would be required to designate a land use category if the developers were to go to the county for approval. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. 0-05-08 was passed on first reading for transmittal to DCA on a roll call vote of 4-0 9 Regular Ci~ Council Meeting Janua~ 12,2005 Page Ten 11. 12. 13. 05.018 189-191 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occulted or was discovered within the previous six months which is not othen~ise on the agenda - sign-up required - limit of five minutes each speaker Mary Ann Krueger, Sebastian, reported on problems with the clearing of the Ashbury Subdivision. Ann Putman, Sebastian, reiterated the concerns about Ashbury Subdivision. She asked Mr. Moore the meaning of "clear cutting ten feet plus or minus' and recommended a citizens oversight committee. Sal Neglia, Sebastian, questioned why the City received a complaint on December 27 for an unlicensed land clearing contractor and the Building Official refused to stop the work. Andrea Coy, 333 Pineapple Street, Sebastian, exhibited photos of the clearing of Ashbury Subdivision, and also questioned why the land clearing company was not stopped. She cited other issues for which complaints were made and no action was taken by the City. She asked Council to look into these allegations and a cease and desist on the Ashbury Subdivision until it can be looked into. The City Manager said he responded in wdting and shared them with Council. He said there are several other agencies involved in this and the Building Official did a great job in his response. The City Attorney said the lack of tree survey, and not registering the license are violations of code, clear cutting ten feet plus or minus is violated if you're getting into the forty foot area, so clearly there are violations there and you can be taken to the Code Enforcement Board. Damien Gilliams, Layport Drive, and Mr. Coniglio had an exchange of words and Mr. Giliams then addressed the next agenda item. OLD BUSINESS - None NEW BUSINESS First ReadinR Ordinance No. O-05-10 Alcohol Sales in the Community Redevelopment District, Schedule Public Hearin,q 2/9/05 (City Attorney Transmittal 1/5/05, 0-05-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 10-1 TO ALLOW RESTAURANT AND ANCILLARY RETAIL SALES OF ALCOHOL IN ALL PARTS OF THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-05-10 by title only. Regular City Council Meeting January 12, 2005 Page Eleven Sal Neglia, and Damien Gilliams objected to the ordinance, Andrea Coy asked if the church had been contacted. Side I, Tape II, 9:35 pm Mr. Barczyk said he thought it was originally was to be in the tdangle area and now included the whole CRA district. Mr. Coniglio said the item should be tabled until the church is contacted. Ms. Monier said she lives in her home and has no intention of selling liquor, but brought this forward because she was approached by a businessman to the south of the church and it will only affect people in a certain area. Mr. Barczyk asked if alcoholic beverage use could be permitted on a case-by-case basis. Mayor McCollum suggested changing the headng date to February 23~ to allow time for staff to contact people. Mr. Barczyk asked if any group using another building would be considered a church and the City Attorney advised that court law has found that they would be. The City Attorney advised Ms. Monier to declare a conflict on this issue. On MOTION by Mr. Coniglio, and SECOND by McCollum, a motion to pass Ordinance No. O-05-10 on first reading and set public hearing for February 23, 2005 with certified return receipt mailing to property owners within 500 feet of the church on US 1 failed on a roll call vote of 2-1. (Monier-abstained, Barczyk-nay) (Charter requires 3 affirmative votes) '14. CITY ATTORNEY MATTERS 04.247 A. Modification of Thunderbird Ddve Access ARreement (no backup) The City Attorney advised that the agreement will be amended and not go forward as approved at the last meeting. 15. CITY MANAGER MATTERS The City Manager asked to be excused and Mayor McCollum asked that the City Manager's compensation package be placed on the January 26, 2005 agenda. 16. CITY CLERK MATTERS Reported on and requested consensus of Council to coordinate the statewide Step Up Florida walk when it stops in Riverview Park on February 23, 2005 as was done last year. City Council concurred. Regular City Council Meeting January 12, 2005 Page Twelve Noted that staff will bring back a draft policy for requests for use of audio/visual equipment in the Chambers. 17. CITY COUNCIL MA'FI'ERS A. Mr. Barczyk Mr. Barczyk cited debris that is being placed in empty lots, expressed the need for code enforcement and for fire hazards. Discussion took place on a cutoff date to begin enforcement. The City Attorney said any debris in the swale can be addressed by Code Enforcement at this time. The Public Works Director said code enforcement has been notified of piles in swales. The City Attorney said the nuisance provision of the code can be utilized in some of these life safety matters, Mr. Barczyk reported a sign for Haverford is spelled incorrectly and asked if it can be corrected. B. Mayor McCollum 05.019 i. Environmental Advisory Committee Mayor McCollum suggested establishment of an environmental advisory committee of approximately seven members to review environmental issues and report to Council. The City Attorney was directed to come back with language. The City Attorney said he will come back with three options. 05.029 ii. Use of Council Chambers for Candidate Debates Mayor McCollum said he put this on the agenda due to his concern for early voting's effect on forums. He noted that the Chamber has requested March 2nd and Sebastian Property Owners February 16th and recommended they be held in Chambers and broadcast at the City's expense. On MOTION by Ms. Monier, and SECOND by Mr, Coniglio the City Council approved use of the Chambers for candidate forums by the two groups and broadcast at the City's expense. (Clerk will verify dates with groups) Other Matters Mayor McCollum said he was concerned about allegations about Ashbury Subdivision, specifically the lack of the requested tree survey and the ~ten foot or so". ]2 Regular City Council Meeting January 12, 2005 Page Thirteen He says Council keeps saying that it wants to keep control of these developments and then hears these types of allegations. He requested approval for the City Attorney to investigate the issues and give Council options and there was no objection from Council. C. New Member (if applicable) N/A D. Mr. Coniglio 05.030 193 05.031 Consensus reqardin.q Indian River Drive development (typed concems previously submitted) Consensus regardin.q stricter code enforcement ordinances There were no objections from Council on either of these two items presented by Mr. Coniglio. The City Attorney said he will meet with the Growth Management Director on the Indian River Drive issue and the Police Chief on the Code Enforcement issue. He noted there are four methods that can be used for various code violations. Mr. Coniglio said the properties south of Main Street are those that he is most concerned with. Other Matters Mr. Coniglio displayed a Frog Leg Festival poster and urged the public to support it. E. Ms. Monier None. 18. Mayor Sally A. City Clerk,/ Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:20 p,m. Regular City Council Meeting. Stormwater Update for City Council - 12 January 2005 Dave Fisher, City Engineer / Ken Jones, Stormwater This is a bdef update of currant stormwater capital improvement projects. All of the c~rmnt s~.~,,,mter ,-~.?~ imtxovement projects are cun'ently nearing final design ar,zt now beginning permitting wi"th SJRWMD. We are applying for an overall conceptual permit as well as individual I:x~rmits for each of the eight capita~ improvement i~,..-jects no,ed batow. We e~pect to begln raceiving permitting approvals by mid-June of this year. That wilt then enable us to go out for construction bids with the expectation of boginnir~g co~stnJction en severat of the projects by late suremer (2005). The schedules for some of the projects, particularly the Collier Creek Canal dredging, are tight but completion dates of all November 2006 (about 21 to 22 months from Flow). They are: Twln Ditch Re~oYafion o,n the north side of Mair~ St~,eet, juat anuth of the Mtmiciflal Golf Coume (about 0.7 mile), including a new cont;ol structure on the west end; O~ of Cotfie~ Cre~k Cawa~ from CR-512 nortf'm'ard ~o the ~ml stnJcttn~ ~) just beyond Hardee Park (about 1 mite), including replacement of the control structure (dam) at the north end; New ~ -e~t dat~rfflon ~ ~ ~ Bn~ze end Seeshore o~ Periwinkle Drive (about 3 acres) serving the south central part of Unit 11; New Lower Stonecrop wet de~e,-~ pond (about 2.2 acres) south of Giao~la and west of Laconia serving portions of Units 10, 11, and 13. selected deep swales to shallow swales with a combined Miami curb and gutter system. This wilt program is not a part of the currant stormwater capital improvement program. regarding the dredging and related treatment of seawall structures on Collier Creek Canal north of CR-512. The most cost-effecth~ option that can meet the schedule ~ ca~s for te~mcimJ from the top of existing bank / seawatt into the canal, covering existing seawalls stormwater and "flood control". They are: Replace a~l ef~arge Middle Steee~efl ~ road croesings (3) o~ Laco~a, Bovan, a~l Stonecrop; Units 2 and 3; Realignment of Blossom Ditch in conjunctien with Indian River County's widening of CR-512; and In=,.[a~ion of a new mad crossing on Roseland Road to Potomac ~ to nt~-~te flooding in Units 3 and 4. The C~, in co~W~'tien wi~h ~ o~side e~es~'ing co,-~,~'~s, Camp Dresser McKee (CDM) a~l WCG / NeeI-Schaffer, have met with SJRWMD for a preliminary pre-permit apptice~Jon review of all of the above of each of the individual projects have been wall received by SJRWMD. 12 Jan O5 I DWF INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET January 12, 2005 REGULAR MEETING "New Business" as used herein, is defined as an i~m 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 5 MINUTES PER SPEAKER If the item o~ which you wish to speak is on the printed agenda, do not sign this form. The Mayor w~t call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. New Subject: Name: New Su~e~: Name: New Subject: Name: New Su~ect: Name: New Su~ect: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Monier, Lisanne M~ODu~S~ighway 1 CITY COUNTY Sebastian Indian River DATE ON WHICH VOTE OCCURRED January 12, 2005 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Sebastian City Council THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMM~TFEE ON WHICH I SERVE IS A UNiT OF: ~ CITY [3 COUNTY [3 OTHER LOCAL AGENCY NAME OF POLITfCAL SUBDIVISION: Sebastian City Council MY POSITION IS: {~ ELECTIVE [3 AI~flOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pdvate gain or loss. Each elected or appointed local officer a~so is prohibited from knowingly voting on a mas- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent o~ganization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughtar, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A ~business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WiTHiN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A~though you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/20~0 PAGE I APPOINTED OFFICERS (continued) · A COpy of the form must be provided immediately to the other members of the agency. '~ [-!~N ~, ~ · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting afier the form is filed, fl l 10 DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) ~ inured to my special private gain or loss; __ inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative, __ __ inured to the special gain or loss o[ whom I am retained; or __ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8El - EFF. 1/2000 PAGE 2 PUBLIC HEARING SIGN-UP SHEET January 12, 2005 Second Reading and Public Hearing Ordinance No. 0-04-20 Design Standards Wind Speed AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTtON:26- 31(a) TO DESIGNATE 140 MPH MINIMUM WIND SPEED STANDARDS FOR CONSTRUCTION; PROVIDING FOR APPLICABILITY, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatoq/) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET January 12, 2005 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 5 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayo~ wi~t call for public input prior to Council deliberation on each agenda item. Please raise your hand when calls for input. / / New Subject: New Subject: New Subject: New Subject: / Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET January 12, 2005 Ordinance No. 0-05-05 Land Use Amendment for a Proposed 25.5-Acre Addition to the Recently Annexed Cross Creek Subdivision AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE G"I_ASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R ) FOR LAND CONSISTING OF 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE NAME '~AME NAME ADDRESS notmandatory) ADDRESS notmandatory) ADDRESS hotmandatory) NAME ADDRESS ~otmandatory) NAME ADDRESS (not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS ~notmandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'notmandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) PUBLIC HEARING SIGN-UP SHEET January '12, 2005 Ordinance No. O-05-08 Land Use Amendment for a Proposed 40-Acre Subdivision Located South of Sebastian River Landings Phase II to be called The Hammocks AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENITAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 40 ACRES, MORE OR LESS, LOCATED EAST OF CR510 AND THE SEBASTIAN RIVER HIGH SCHOOL KNOWN AS THE HAMMOCKS; AUTHORIZING FINDING AND ADMINISTRATIVE ACTIONS; PROVlDNG OR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) PUBLIC HEARING SIGN-UP SHEET January 12, 2005 Ordinance No. 0-05-02 - Land Use Amendment for a Proposed 46-Acre Private Subdivision Situated Along Gardenia Street North of San Sebastian Springs Subdivision to be called Cypress Bend AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHESIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF CONSERVATION, 1 UNIT PER TWO AND A HALF ACRES (C-3) FOR LAND CONSISTING OF 46 ACRES, MORE OR LESS, LOCATED WEST OF GARDENIA STREET AND DOLPHIN AVENUE KNOWN AS CYPRESS BEND SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. NAME NAME ~ ADDRESS(not mandat~o~) ' ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'notmanda~ry) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS 'not mandatory) NAME ADDRESS ~notmandatory)