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CI1Y OF
HOME OF PELICAN ISlAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 27,2005 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor McCollum called the regular meeting to order at 7:00 p.m.
2. Council Member Monier led the Pledge of Allegiance.
3. Father Morrissey of SI. Sebastian Catholic Church gave the invocation.
4. ROLL CALL
City Council Present:
Mayor Nathan McCollum
Council Member Andrea Coy
Council Member Lisanne Monier
Council Member Sal Neglia
City Council Absent:
Vice-Mayor Brian Burkeen (excused)
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Stormwater Engineer, Ken Jones
Finance Director, Shai Francis
Public Works Director, Terry Hill
Growth Management Manager, Jan King
Zoning Technician, Dorri Bosworth
Code Enforcement Officer, Antoine Van Meir
MIS Systems Analyst, Barbara Brooke
Police Lieutenant, Greg Witt
Regular City Council Meeting
July 27,2005
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members
(R-05-26)
The City Manager requested the removal of item 12B for further information.
On MOTION by Mr. Neglia, and SECOND by Ms. Monier, item 12B was removed on a
voice vote of 4-0.
6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
05.152
1
A.
05.038
17-63
National Niaht Out Proclamation - Auaust 2. 2005
Mayor McCollum read and presented the proclamation to Lieutenant Greg Witt of
the Sebastian Police Department.
B.
Presentation bv Finance Director - FY 2005 3rd Quarter Budaet Amendment-
Adootion Under Consent Aaenda
The Finance Director briefly presented the 3rd quarter budget amendment. There
were no questions from Council.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
3-13 A.
05.153 B.
15-16
05.038 C.
17-63
Approval of Minutes - Regular Meeting 7/13/05
Approve Expenditure of $9,587.25 for Purchase of Three Mobile Radios from
Communications International, Inc. for Patrol Division (PD Transmittal, Quote)
Resolution No. R-05-29 - 3rd Quarter Budget Amendment (Finance Transmittal
7/20/05, R-05-29, Memorandum, Capital Projects Status Report, Schedules of
Investments (4), Accomplishments & Operating Statement FY 2005)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2004
AND ENDING SEPTEMBER 30, 2005 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
On MOTION by Ms. Monier, and SECOND by Mr. Neglia, consent agenda items A-C
were approved on a roll call vote of 4-0.
2
Regular City Council Meeling
July 27, 2005
Page Three
8. COMMITTEE REPORTS/RECOMMENDATIONS
05.090
65-73
A.
Parks & Recreation Advisorv Committee
(City Clerk Transmittal 7118/05, Code, Application, Ad, List)
i. Interview, Unless Waived and Submit Nomination to Fill:
a. Zone D Position, Expiring 5/31/2006
Council interviewed Mr. Miller, and being no other applicants, he was appointed
to the Zone D position to expire 5/31/06 on nomination by Ms. Coy.
05.154
75-85
B.
Code Enforcement Board
ii. Orders Presented in Accordance with Code Section
2-193 (b) (15) - Order Nos. 2004-7701,2005-2815,2005-9139 - No
Council Action Required
Presentation only. No action was required.
9. PUBLIC HEARING
05.016
87-112
A.
Second ReadinQ and Final Adoption Ordinance No. 0-05-04 - Petition for
Voluntarv Annexation - 25.55 Acre Addition to Cross Creek Subdivision (GMD
Transmittal. 0-05-14 w/Exhibits. Letter. Map. Survev. FS\
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION
PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING
FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor McCollum opened the public hearing at 7:10 p.m., the City Attorney read the
Ordinance by title, and said there was a request by the applicant to continue the public
hearing on items A, B, and C to August 24, 2005, for attendance by full Council. Mayor
McCollum read the letter into the record (see letter dated July 26, 2005 from Warren W.
Dill attached).
On MOTION by Mr. Neglia, and SECOND by Ms. Monier, public hearings for items 9 A,
9B and 9 C, Ordinance No. 0-05-04, 0-05-05, and 0-05-06 were continued to August
24, 2005 on a roll call vote of 4-0.
3
Regular City Council Meeting
July 27, 2005
Page Four
05.016
113-149
B.
Second Reading and Final Adoption Ordinance No. 0-05-05 land Use
Amendment - 25.5-Acre Addition to the Recently Annexed Cross Creek Subdivision
(GMD Transmittal, 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 POWERLlNE ROAD SOUTH OF BARBER STREET
KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
05.016
151-167
C.
(Quasi-Judicial) Second Reading and Final Adoption Ordinance No. 0-05-06-
Rezoning Request from Agriculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition to
Cross Creek Subdivision (GMD Transmittal, 0-05-06, Report, Map, 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 LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE ( R) FOR
LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD
SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II,
PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE.
05.132
169-172
D.
Second Readino Ordinance No. 0-05-15 Hurricane Measures by Contractors
(City Clerk Transmittal 7/21/05, 0-05-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING CITY CODE CHAPTER
26 TO REQUIRE THAT CONSTRUCTION SITES BE SECURED UPON ISSUANCE OF A
HURRICANE WATCH OR WARNING; PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-15 by title, briefly explained the ordinance,
and suggested inserting the word "exclusively" after the word "heard".
Mayor McCollum opened the public hearing at 7:15 p.m., however, there was no publiC
input.
On MOTION by Mr. Neglia, and SECOND by Ms. Monier, Ordinance No. 0-05-15 with
change was adopted on a roll call vote of 4-0.
05.155
173-187
E.
Resolution No. R-05-28 Vacation of Rioht-of-Way for Palm Avenue, Ocean
Breeze Heiohts Subdivision (R-05-28, City Attorney Memo, Map, Staff Report, Grant
of Easement. Application, Public Notice)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PLATTED
RIGHT-OF-WAY FOR PALM AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE.
4
Regular City Council Meeting
July 27, 2005
Page Five
The City Attorney read the title and Mayor McCollum opened the public hearing at 7:18
p,m,
The Growth Management Manager briefly addressed City Council on the request for
vacation of right-of-way by Mr, Collins to use the subject property as his wetlands and
open space as required by site plan, and conditioned upon the applicant deeding an
easement across Palm Avenue back to the City for utilities.
Daniel Brett, adjacent property owner, said he had problems with this request due to
flooding and said it requires more investigation.
The City Attorney said there would not be a valid market value for this property due to
the fact that it cannot be legally bought and sold.
Mayor McCollum said he objected to this request due to the fact that he does not know
what the City may use this property for in the future, does not support abandoning any
right-of-way, and does not feel it is incumbent on taxpayers to provide a benefit to a
developer.
Mr. Brett was called to the podium and said he was told there was a road planned.
The Growth Management Manager exhibited the subject property on the overhead, and
advised that Palm Avenue right-of-way would not be of any public benefit. The City
Manager reiterated that staff was sensitive to public purpose concerns, but determined
that the road would have no public purpose, and noted that the 1.6 acres would be
placed on the tax rolls.
City Council input followed.
On MOTION by Mr. Neglia and SECOND by Ms. Coy, Resolution No. R-05-28 was
denied on a roll call vote of 3-1 (Monier - nay)
05.156
189-191
F.
Hearino of Appeal - Appeal of Philipson Airport Site Plan Approval in Accordance
with LDC 54-1-2.4(0) (Letter of Appeal. Citv Attorney Transmittal. Records
Submitted to Planninq and Zoninq Under Separate Cover)
The City Attorney advised that an agreement had been reached between the appellants
and applicant Mr. Phillipson, and that if the City Council as landowner agrees with the
conditions it should pass a motion to approve the site plan with conditions and direct the
City Manager to review and approve the revised site plan.
Holly Dill, representing the appellants, read a statement into the record agreeing to
withdraw the appeal and cited the following:
. Revised landscape plan by Todd Smith PE dated July 24, 2005 (not available)
. Exhibit A - a landscape plan showing additional plant species listed in a letter from
Joseph Montalto dated July 27, 2005
. Native plant species list agreed to by Mr. Phillipson
5
Regular City Council Meeting
July 27, 2005
Page Six
The City Attorney said Holly Dill and Frank DeJoia are the only appellants.
The City Manager, representing the City as landowner, and in accordance with the
advice of the City Attorney, recommended Council approval based upon the City
Manager's office review and execution of a formal memo of compliance to the City
Clerk's office for the record.
The City Attorney said that there would be a final site plan which would include these
conditions. He advised Growth Management that the final approval would be
administrative in accordance with LDC procedures on appeals and would not have to go
back to Planning and Zoning.
The City Attorney recommended the following motion if Council is inclined to agree:
"move to approve the appealed site plan as modified by the partial landscape plan as
submitted for the record as exhibit A, and the letter frorn the landscape architect listing
the plants to be used with an administrative review by the City Manager to ensure a final
site plan incorporating these elements as submitted,"
On MOTION by Ms. Coy and SECOND by Ms. Monier, Council moved approval as
stated by the City Attorney on a roll call vote of 4-0.
10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda (R-05-26)
05.058
193-196
A.
Reauest to Address City Council - Bob Audette and Euaene Wolff (City
Manaaer Transmittal 7/21/05, letter)
Eugene Wolff, 757 Wimbrow Drive, asked Council to send a questionnaire to determine
the feeling of the people on options available; and offered three options, that the City
consider other options available 1) install the rip rap maintained by the City with monthly
spraying with herbicide but dock replacements may be difficult, 2) install sodded slide
slopes and the city would own and maintain them, or 3) install the sodded side slope and
turn the property over to the property owner.
Bob Audette, 755 Wimbrow Drive, submitted option #4 (see attached), which
recommends deeding the seawalls to the property owners.
Mr. Wolff submitted a three page petition requesting Council to reconsider its decision on
the rip rap and mail a questionnaire to each canal front property owner outlining the
three options as stated above by Mr. Wolff. (see attached).
Constance Kenney, urged City Council to proceed with seawall repair at no cost to
property owners.
Gizella Freund, 614 Layport Drive, read a letter into the record opposing the rip rap
option. She asked Council to reconsider its decision.
6
Regular City Council Meeting
July 27, 2005
Page Seven
Mayor McCollum said there is nothing on this agenda to take any action on seawalls.
Louise Kautenberg, Oswego Avenue, said Council made the best decision for all
residents, that all taxpayers support drainage, noting her drainage ditch had not been
touched in ten years.
Walter Barnes, Sebastian, objected to removing attendants from the Skateboard Park,
said clay courts were a mistake, urged that Riverview Park west plans for a fountain for
children be moved forward, and recommended that the Emerald Lady and other boats
will be removed.
Ruth Sullivan, 1215 Indian River Drive, Sebastian, said the fountain should be built in the
center of the community for better access by residents, and said she hoped Council
would consider an ordinance banning use of city property for airboats.
Mickey Groepler, Wimbrow Drive, requested that Council reconsider its decision on the
seawalls.
Mayor McCollum called recess from 8:30 p.m. and reconvened the meeting at 8:40 p.m.
All members were present.
11. OLD BUSINESS
05.157
197-208
A.
Cieslak Request for Release of Lien ICilY Manaqer Transmittal 7/21/05)
The City Manager presented the item advising Council that it is the proper authority to
consider any changes to the lien it chooses.
Wendy Cilli, Cindy Miller, Concetta Cieslak and Marie Berg all addressed City Council on
the request to reduce a Code Enforcement lien imposed on a property at 165 Caprona
Street.
City Council members noted that this has been a two-year process and the Police
Department has responded fifty times to this address.
Code Enforcement Officer Antoine Van Meir said he received a signature on the letter of
notification for the lien on July 2, 2004, and the City Attorney said Mr. Van Meir hand
delivered a letter, which was signed by Mrs. Cieslak on May 19, 2004.
It was noted that there was a FEMA trailer on the subject property and someone else was
living in it other than Mrs. Cieslak for whom the trailer was intended.
Mayor McCollum said Council is being asked to ignore all the staff time spent and
neighbors' complaints.
7
Regular City Council Meeting
July 27, 2005
Page Eight
The City Attorney advised once the party addresses Council, they should step away from
the podium.
Mr. Van Meir said this case has gone on for 2 Y, years, there have been more than 100
visits, 12 certified letters. with no attempt to comply until this time. When questioned he
said he had spoken to Mrs. Cieslak and Mrs. Cilli personally.
Ms. CiIIi said she was living on the property at the time that the first orders were given.
ON MOTION by Ms. Coy, and SECOND by Ms. Monier, the request for waiver of lien for
165 Caprona Street was denied on a roll call vote of 4-0.
05.009
209-216
B.
Additional Request from Exchanqe Club for Displav of Twelve Boats at 2005 Blue
Water Open Fishinq Tournament at Riverview Park on Auqust 6, 2005 (Letter
dated 7/19/05. 1/12/05 City Council Minutes, Special Event Aqreementl
Warren Dill described this year's event, and said although the contract includes fishing
related items, decided to specifically request display of boats which will bring in $1500, a
portion of which will pay for liability insurance in the amount of $1700. He said the boat
dealer is the same dealer who displayed at the Clambake Festival.
Rappy Perez, Chairman of the event, said event proceeds benefit prevention of child
abuse.
Mayor McCollum said he wholeheartedly supports the event but cannot allow the park to
be used for boat sales. Ms. Coy noted that two other tournaments have been denied
boat sales in the park and Council must be consistent. Mr. Neglia said he had a concern
about the boats, and about city employees spending their time to prepare for this
function.
Mr. Perez said if Council wants they can just ask the vendors to display the boats and
not sell them.
Mr. Neglia said it was time for the City to start looking at these tournaments as a
business and start charging for use of the park. Ms. Monier said sale of goods should
not be based on the size of the product, and boats are of interest in this community.
Mr. Dill said Sebastian is a boating community and boat shows bring in money and
people to communities. He agreed that the vendor could be told not to sell boats and
they could be responsible for any damage caused by the boats.
Ms. Coy said she would approve the request with one boat on display.
On MOTION by Ms. Coy, and SECOND by Mr. Neglia, the request was approved with
one boat, and no banners and no commercial signs on a roll call vote of 4-0.
8
Regular City Council Meeting
July 27, 2005
Page Nine
12. NEW BUSINESS
05.158
217-237
A.
Approve Work Authorization #1 to LPA Group Inc. Contract dated 6/15/04 in the
Amount of $54,520 to Provide Professional Enaineerina Services for Airport
Maintenance Facilitv (LPA Proposal. Work Authorization Form)
On MOTION by Ms. Coy and SECOND by Ms. Monier, work authorization #1 to LPA
Group for maintenance facility engineering in the amount of $54,520 was approved on a
roll call vote of 4-0.
05.005
239-249
B.
Approve Work Authorization #2 to LPA Group Inc. Contract dated 6/15/04 in the
Amount of $49,702 to Develop an Airport Business Plan (LPA Proposal. Work
Authorization Form)
Withdrawn under agenda modifications for further information.
05.005
251-254
C.
First ReadinQ Ordinance No. 0-05-16 - Stormwater Utility Amendment (Citv
Manaaer Transmittal 7/21/05. 0-05-16)
AN OROINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF
ORDINANCES SECTION 102-127 STORMWATER UTILITY TRUST FUND; USE OF FUNDS;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
The City Manager recommended the cap on how funds are spent be lifted so that
maintenance funding can be increased to improve the overall stormwater maintenance
program.
The City Attorney read Ordinance No. 0-05-16 by title only.
The City Manager said the City contracted out swale maintenance but it expired in April,
and reported an RFP is already out for this new maintenance program and due on
August 6, 2005. Mayor McCollum said this will have no effect on the amount charged to
taxpayers.
On MOTION by Ms. Monier, and SECOND by Mr. Neglia, Ordinance No. 0-05-16 was
passed on first reading and public hearing was scheduled for August 24, 2005 on a roll
ca II vote of 4-0.
05.159
255-260
D.
First Readina Ordinance No. 0-05-17 - Declaration of a Public Need for Land
ExchanQe at 1302 Indian River Drive Adiacent to Main Street Boat Ramp (City
Manaaer/GMD Transmittal 7/21/05. 0-05-17. Map. Letter)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A PUBLIC
NEED FOR A LAND SWAP AT MAIN STREET BOAT RAMP; AUTHORIZING
EXCHANGE OF SAID LANDS; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-05-17 by title only.
9
Regular City Council Meeting
July 27, 2005
Page Ten
05.160
05.058
261
05.163
The Zoning Technician presented the request for exchange of property on behalf of staff.
The City Attorney advised that "public need" requires adoption of an ordinance.
Bettina Boudrot, 1302 Indian River Drive, Sebastian, read a letter into the record.
Ruth Sullivan recommended approval.
On MOTION by Mr. Neglia, and SECOND by Ms. Monier, Ordinance No. 0-05-17 was
passed on first reading and public hearing was scheduled for August 24, 2005 on a roll
ca II vote of 4-0.
13. CITY ATTORNEY MATTERS
A.
Authorization to File Lien Foreclosure for Waterline Assessment (no backuD)
The City Attorney requested authorization to foreclose on a commercial property on US 1
for being in default on a waterline assessment.
On MOTION by Ms. Coy and SECOND by Ms. Monier, the City Attorney was directed to
proceed as requested on a voice vote of 4-0
Other Matters
The City Attorney reported that he would be bringing forward language on sign content.
14. CITY MANAGER MATTERS
A.
ReDort on Reallocation of Fundinq for RiD RaD in Collier Waterwav & Other
Stormwater Projects
The City Manager said he had stated at the last meeting that he would bring back
reallocation figures for the record, and briefly described them. He corrected the twin
ditches as $1 million. In response to Ms. Monier, he said certain projects will not be
forgotten but will be harder to fund.
Other Matters
The City Manager said Public Works had been directed to begin removing the Emerald
Lady.
15. CITY CLERK MATTERS
A.
ADA Pollina Place Survev Results - Precinct 103 - Sebastian Communitv Center
10
Regular City Council Meeting
July 27, 2005
Page Eleven
The City Clerk reported that an ADA Polling Place survey had resulted in some minor
deficiencies in precinct 103, Sebastian Community Center, with a relatively inexpensive
fix, however, stated that Father Morrissey had suggested just prior to this meeting that
perhaps the Supervisor of Elections could use St. Sebastian Catholic Church. She said
she would contact the Supervisor the next day and there was no objection from Council.
16. CITY COUNCIL MATTERS
A. Ms. Monier
None.
B. Mr. Neolia
Mr. Neglia reported on the following:
. Attendance at the County Commission meeting at which the Indian River
County Chamber of Commerce had businesses address them and only
Captain Hiram's from Sebastian had attended.
. Housing Awareness Committee and Affordable Housing Task Force
working together and their request for a Sebastian volunteer. Louise
Kautenberg volunteered.
. Proposed public meetings on proposed 6 cent sales tax to take place and
Commissioner Davis recommendation to have round table discussions.
. IRC Commissioners will investigate why fuel prices are much higher in
the county.
. Asked why Captain Hiram's doesn't come to the City for permits when
they have a tournament.
. Derelict float being placed across the road from Squid Lips
. Calls about the fireworks being short and said maybe next year the City
could look into another vendor else or spend more money.
. Sebastian being chosen in top 100 of 5000 best places to live
. Recommendation for an ordinance to ban airboats from the Indian River
Lagoon
. Commended the Police department for doing a terrific job handing out
parking tickets up and down Indian River Drive
. Said he would not be meeting with the public in August but will resume in
September
C. Mayor McCollum
Mayor McCollum said he would also cancel his August meeting with the public.
11
Regular City Council Meeting
July 27,2005
Page Twelve
05.151
05.161
05.095
05.162
He moved the following items to a special City Council meeting to take place
immediately following the August 3' Board of Adjustment meeting.
i.
ii.
iii.
iv.
Appointment to Indian River County Parks & Recreation Committee
MPO Member Report and Decision on Laconia Street
Waste Manaqement Continuinq Contract Issues
Charter Amendment for Private Eminent Domain
Other Matters
Mayor McCollum reported that Vera Beach would like to interchange meeting
broadcasts with Sebastian on perhaps two Thursdays each month. City Council
concurred.
D. Mr. Burkeen
Absent.
E. Ms. COy
Asked the status of the King Street motor home. The City Attorney said notice
has been sent for an August 9th hearing before Construction Board.
17. Being no further business, Mayor McCollum adjourned the regular meeting at 10:20 p.m.
Nathan .
O'rJr
. ,MMC - City Clerk
12
Also admitted in
Wyoming
Nebraska
DILL & EVANS, P.L.
ATTORNEYS AT LAW
1565 US Highway I
Sebastian, Florida 32958
JOHN G. EVANS
WARREN W. DILL
Also Admitted in
California
July 26, 2005
Mayor Nathan B. McCollum
City of Sebastian
1225 Main Street
Sebastian, FL 32958-4165
BY HAND DELIVERY
Re: Annexation / Comprehensive Plan Amendment / Rezoning
Rezoning of 25 acres:!: for Phase Two of Cross Creek Subdivision
Dear Mayor McCollum:
In preparing for this Wednesday's city council meeting regarding the above referenced items,
it came to my attention that all city council members will not be present. Since this is an important
matter to the City, as well as my client, it should be considered by the full council.
I request that Agenda Items:
9.A. Ordinance No. 0-05-04
9.B. Ordinance No. 0-05-05
9.C. Ordinance No. 0-05-06
be continued to a time certain of August 24, 2005, to be reviewed at that city council meeting.
7J~
Warren W. Dill
'/'.
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WWD/dh
cc: Dr. Henry A. Fischer
Al Minner, City Manager
Richard E. Stringer, Esq., City Attorney
Sally Maio, City Clerk
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Tel: (772) 589-12]2 . Fax: (772) 589-5212
OPTION #4
COLLIER CREEK COMPROMISE
BDb fJudeHc
755 Wirnbrcw Dn ve,
1. City deeds seawalls to homeowners.
2. City does dredging portion of canal project only.
3. City does no repairs or modifications to canal banks (leave as is).
4. City gives canal front residents money not used for creating sodded side slopes.
This is to reimburse residents who were mistakenly told they own seawalls and paid
for repairs in the past. Also for future maintenance as they see fit.
5. City keeps money saved by 3 ways:
1) Immediately gains cost difference between riprap and sodded side slopes,
2) Saves future maintenance costs for spraying of herbicide on riprap,
3) Possibly no mitigation costs due to canal remaining wide.
Other benefits for the city include:
1. Unifies ownership of all canal walls in city.
2. City won't have to replace docks and sprinkler suction lines, many of which were
installed with city permits.
3. City will inherit all dredge fill to be used for other projects or to sell.
4. Smaller scale project (dredging only) reduces chances for cost overruns.
5. Reduced wear and tear on city roads and bridges by not trucking in large amounts of
rock.
6. No liability from falls on riprap by others who use the canal.
7. Respects 2 new homeowners at north end of canal, who installed new seawalls.
8. Less environmental impact. Crabs, clams, minnows, grass, wading birds and foxes
all currently use the shallow part of the canal that the riprap would cover. Many
cypress trees live there too.
PETITION
AS THE PROPERTY OWNER LISTED, I REQUEST THE SEBASTIAN CITY COUNCIL TO
RECONSIDER THEIR DECISION MADE LAST WEDNESDAY, JULY 13, 2005,TQ
INSTALL RIP-RAP AS A CANAL BANK STABILIZATION FOR COLLIER CREEK
CANAL.
I REQUEST THAT A QUESTIONAIRE BE MAILED TO EACH CANAL FRONT
PROPERTY OWNER OUTLINING THE 3 REMAINING OPTIONS:
CITY OWNED RIP-RAP, CITY OWNED SOD OR RESIDEN{ OWNED SOD, ALLOWING
EACH RESIDENT TO VOTE FOR ONE OF THOSE OPTIONS. .... .
NAME
ADDRESS
7t/ ~",.DltI""i>R..
# OF LOTS OWNED
:t..
"
I
. f
I
/
PETITION
AS THE PROPERTY OWNER LISTED, I REQUEST THE SEBASTIAN CITY COUNCIL TO
RECONSIDER THEIR DECISION MADE LAST WEDNESDAY, JULY 13,2005, TO
INSTALL RIP-RAP AS A CANAL BANK STABILIZATION FOR COLLIER CREEK
CANAL.
I REQUEST THAT A QUESTIONAIRE BE MAILED TO EACH CANAL FRONT
PROPERTY OWNER OUTLINING THE 3 REMAINING OPTIONS:
CITY OWNED RIP-RAP, CITY OWNED SOD OR RESIDENT OWNED SOD, ALLOWING
EACH RESIDENT TO VOTE FOR ONE OF THOSE OPTIONS.
NAME ADDRESS
I
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V~ 501 ~k.
# OF LOTS OWNED
I
l
(
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7DJ .l'""( ~~
/),L,
I
I
j.
PETITION
AS THE PROPERTY OWNER LISTED, I REQUEST THE SEBASTIAN CITY COUNCIL TO
RECONSIDER THEIR DECISION MADE LAST WEDNESDAY, JULY 13, 200S, TO
INSTALL RIP-RAP AS A CANAL BANK STABILIZATION FOR COLLIER CREEK
CANAL.
I REQUEST THAT A QUESTIONAIRE BE MAILED TO EACH CANAL FRONT
PROPERTY OWNER OUTLINING THE 3 REMAINING OPTIONS:
CITY OWNED RIP-RAP, CITY OWNED SOD OR RESIDENT OWNED SOD, ALLOWING
EACH RESIDENT TO VOTE FOR ONE OF THOSE OPTIONS.
~~~
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C ~CLI S \~t..:1c<L Coot--.lc:. Y SD"1 \)All.l':lE V 57.
POBE.€\ ~ Gf't IL- fRrZ''-.) 1\)8 01+ ~'fPoR\ UP,
# OF LOTS OWNED
5/ !/j~~ ~/<2' .1.
I
1
)