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HomeMy WebLinkAbout10222008cm ~^-~ ^ ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 22, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular City Council meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. Council Member Paternoster read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present City Manager, AI Minner Interim City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Deputy Police Chief, Michelle Morris Regular City Council Meeting October 22, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Paternoster said there is an FDOT representative present for item 14A regarding Hangar A who must leave by 8:00 p.m. and requested the item be moved up to just after item 7. Mayor Coy noted the need for a unanimous decision to modify or add to the agenda. Mr. Wolff requested the item be moved to 8B. All members agreed. 7. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Certificate of Achievement for Excellence in Financial Reporting to Kenneth Killgore Finance Director (Letter) Mayor Coy read the letter of award from the Government Finance Officers Association, noted the certificate had not yet been received, and Mr. Killgore expressed his appreciation to former Finance Director Shai Francis, Finance Department staff and Human Resources Director, Debra Krueger. Brief Announcements Mr. Neglia announced that a friend of his had been handed a notice of foreclosure from the newspaper which the man stated was regarding Mr. Neglia. Mr. Neglia said it unfortunately relates to his son and asked that people not be involved in false information. He then announced the grand opening of the Presbyterian Thrift Shop on Saturday, October 25, 2008 from 11:00 to 1:30 p.m. Ms. Simchick announced the continuation of the GFWC Sebastian Junior Women's Club Haunted House on Main Street during the next two weekends through November 1St Mayor Coy announced early voting in the old schoolhouse building Monday through Saturday for the next two weeks. Mr. Wolff announced the City Halloween costume parade and contest on Saturday, October 25, 2008 at 11:00 a.m. in Riverview Park. Mr. Paternoster said he is also running for election, noting people have had rear view mirrors ripped off, another with scratches to his vehicle, stolen signs, and asked everyone to work together stating whoever gets the two highest votes will be seated here. 8. ITEMS NOT ADDRESSED AT 10/8/08 REGULAR MEETING 08.114 A. Laurel Reserve Phase II Update (Minutes Reports E-Mails Plats) 137-236 (Laurel Reserve Supplement) (Council Member Simchick Supplement) from 10/8/08 packet 2 Regular City Council Meeting October 22, 2008 Page Three The City Manager gave a brief update on the Laurel Reserve Phase II final plat request, and said the Interim City Attorney will advise Council on an additional option for consideration. He said if Council should choose this option staff will bring back the ordinance for first reading at the next Council meeting with second reading and final plat approval at the December meeting. The Interim City Attorney said many things have occurred since the early 2000's to allow us to move forward on this final plat. He requested at the conclusion of this item he would like the motion to direct staff along the lines that he is indicating. He said there may need to be some minor changes to the final plat. Ms. Simchick said periodically citizens approach the Council members with problems and she met with Ms. Robinson who requested to come before Council. Deb Robinson, Vice President for Laurel Homes, submitted materials to Council (see attached), and read first from a prepared statement regarding the platting of Laurel Reserve. (see statement attached) In response to the Interim City Attorney's new recommendation, Ms. Robinson said she had provided a copy of the City's ordinance and did not understand why it was necessary to create a new ordinance as the only difference is that Council has gotten rid of Fleming Street, and she would like to define the land as "common property" as opposed to "open land" so the use is not defined. Mayor Coy asked Council to look at Section 2 of Ordinance 0-02-10 which references an amendment to Ordinance 0-01-10 which incorporated a 90 foot right-of-way, and an emergency access for the southwest corner of the property. Mayor Coy said she would like to assist Ms. Robinson in getting this right for perpetuity and staff's recommendation would be the fastest way to go. Ms. Robinson said there were no conditions attached to her ordinance which overrides the Davis ordinance. Mr. Paternoster noted there have been a-mail communications between our former City Attorney and Attorney Bruce Barkett and asked Ms. Robinson if she was still represented by Mr. Barkett, and she responded she was now represented by Attorney Block and he was in attendance. Ms. Simchick asked if it was true that the ordinance stands on its own and would the Interim City Attorney have a problem creating an ordinance to name the land "common property." The Interim City Attorney said he did not have a problem with that; common property connotes the same thing as open space. He said his concern is that there has been a lot that has gone on in regard to Phase II, said he met with the property owner, and visited the site with the Growth Management Director. He asked if the white fence can be gotten through with an emergency vehicle. Ms. Robinson said it was a breakaway fence and the emergency access is a stabilized roadbed, with standard engineering. He asked where the emergency road goes and she said it goes through an FPL easement to Kildare Drive. Regular City Council Meeting October 22, 2008 Page Four Ms. Robinson said she did not know there was a problem until the final platting, where the mylar states the common land is "future road right-of-way to be purchased by the county" and the former city attorney wanted her to give the City the land. The Interim City Attorney said the way through this is to slice it, and end the process with the enactment of an ordinance which recognizes what happened to Fleming Street, deletes the right-of-way requirement, and the final plat should reflect the current state of events. Mayor Coy said to expedite this and in accordance with ordinances, is it reasonable for staff to review the plat turned in and be prepared to address it at first reading and have second reading and approval in December with a resolution to tie the knots. Mr. Neglia asked if the property was dedicated to us, could we expedite it any quicker. The Interim City Attorney said that would not save time because this is not an action item tonight. The City Manager said if Council is happy with this, we can move on. Mr. Wolff asked that the public be heard. Mayor Coy called for public input. Don Wright, North Fischer Circle, President of South Moon Under Homeowners' Association, asked the intended use for the storage area and recommended making sure it is still subject to the normal approval process, such as buffering and landscaping, as he hears it will be used as storage for RVs and boats. Mr. Neglia asked the City Manager if we could keep the South Moon Under residents informed. Ms. Simchick asked if change of use would have to go to staff. The City Manager said the property is narrow and would prevent storage of RVs and boats, and common property would still limit storage uses, and more specific uses would have to come back. Ms. Simchick clarified that is not an issue tonight and would be taken care of in a different process. Mr. Paternoster noted the Interim City Attorney stated that open space and common space are synonymous and asked if they would have a problem with storing RVs, under either category. The Interim City Attorney said to provide storage there will have to be a zoning hearing or special exception hearing separate from this, and common property does not provide for that use. Ms. Simchick asked if Florida Statutes prefers common property so the Homeowners' Association (HOA) is responsible for maintenance and such. The Interim City Attorney said the HOA would be responsible. Mr. Neglia said we do not allow RVs, and boat storage in residential 4 Regular City Council Meeting October 22, 2008 Page Five Richard Gillmor, 744 Kroegel Avenue, Sebastian, directed Council to circle page 148, noting the former City Attorney's a-mail to Attorney Barkett, and read it into the record. Mr. Gillmor said he spoke to the previous owner of the property who used the word "donate" in regard to the property in question. He said if the property is the City's property, we could use it for some other purpose. Mr. Wolff asked him if it was his contention that the City may want to put a park on a 90 foot piece of property. Mr. Gillmor said he was just saying to keep the citizens in mind when making the decision. Damien Gilliams, 1623 US Highway 1, said this is hearsay, and who cares what the Davis family did. Mayor Coy gaveled Ms. Falco for commenting from the audience. Mr. Gilliams said Ms. Robinson is being harassed, he is still waiting for his dock permits, there should have been an ordinance on the agenda for action tonight, and she has spent millions to bring the property where it is today. Louise Kautenburg, Sebastian, said to give careful consideration of giving up dedicated right- of-way, said the MPO took the extension of Fleming off the plan but did not cancel it, and once we give it away, we will never get it back because there are people who do not want Fleming to exist. Cindy Falco, Sebastian, said she empathizes with Ms. Robinson, and appreciated the Interim City Attorney. Mr. Paternoster asked if we have any documentation to show a dedication or purchase of the right-of-way, and the City Manager said back in 2006 there was an agreement to move forward on platting and argue on dedication later. He explained dedication is generally when a developer provides property to a jurisdiction for a public improvement, and it is not bought; it was stopped when the road was scheduled for construction, the attorneys suggested to plat the lots, and preserve the right to fight about dedication later, but the suggestion was rejected. Mr. Wolff said in the case of 66th Avenue, the property owners had to either sell or face eminent domain and the statement that a road will never happen is not true. The City Manager said the right-of-way in 66th was through an already developed area where the right-of-way had to be acquired, so the better prospectus for government is to capture the property at the onset. He added that the right-of-way on Barber Street has already been captured and one day will be four-lane. Mr. Wolff said at the time there was a discussion of Fleming Street with the right-of-way. Mr. Neglia suggested the right-of-way be used as open space until such time as Fleming Street does or does not go through. The City Manager said that is how Ms. Robinson has modified the plat and we are asking it be changed to common property. The City Manager 5 Regular City Council Meeting October 22, 2008 Page Six pointed out this was not staff's desire for the right-of-way, the Interim City Attorney has come up with a way to protect us and undo what has been done. Ms. Simchick said we should not hold Ms. Robinson hostage. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to bring back at the next meeting an ordinance to include language that Tract A becomes common property, followed by a motion to bring back a resolution for final plat of Laurel Reserve Phase II at our next meeting and the second reading the following meeting. The City Manager clarified the resolution will come back at second reading. Mayor Coy suggested that Council direct the Interim City Attorney to cover all loose ends so this does not come up again. The Interim City Attorney said that is the purpose. Ms. Simchick clarified her motion is to be, "as submitted." Mayor Coy said she had a problem with "as submitted," and would like staff to review the plat. The City Manager said staff will work with the petitioner to address staff's concerns in the ordinance. Result of the roll call: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5-0 08.108 B. Hangar "A" - Ahren's Companies Design/Build Construction Agreement in the Amount a-R of $1,241,265 and Authorize City Manager to Spend Up to $50,000 for Impact Fees (City Manager Transmittal w/Attachments, All Additional Backup Previously Provided Under Separate Cover and Scanned Into Laserfiche) The City Manager requested approval of the construction agreement and authorization to spend up to $50,000 for impact fees; and he noted there is a hold harmless agreement from the LoPresti's because we have not met the move-in deadline which includes their use of the airport terminal at no charge in exchange for the delay. Mr. Griffin apologized for interrupting Mr. Paternoster at the beginning of the meeting as he did not know Ms. Notz was in attendance. Mr. Paternoster reiterated what the City Manager had stated was in the letter from LoPresti, and the City Manager concurred. He said the difference in time would be approximately three months. Mr. Wolff asked if LoPresti Aviation would be paying utilities and the City Manager said they would do so pro-rated as stated in their agreement. He stated this points out how we need to meet our obligations, and is a reasonable request. Mr. Paternoster asked if the minimum number of jobs required to receive the rebate would be moved forward as well. The City Manager said yes. 6 Regular City Council Meeting October 22, 2008 Page Seven Ms. Simchick said she did not feel the project was good for the City but she did respect her fellow Council members. Mayor Coy said this is classic example of getting the Economic Development plan up and running, if we don't provide stimulus, companies won't come and will go out west. She fully supported this project. Mr. Paternoster thanked the City Manager and Airport Director for a great job, said this is our stimulus package to get the economic development working at the Airport and he thanked Mr LoPresti for his presence. Mr. Wolff noted Ahrens' list of local contractors does not include contractors from Indian River County which is disappointing. Mr. Wolff said we have to set an example to the community and endeavor to be green. He said the air conditioning system should be at the best efficiency that is affordable, minimum 14 SEER, and there should be a passive hot water solar heating system for the showers. He said he was having difficulty coming to terms with the $15,000 for the air compression system and if additional money was needed in attempt to be green it could come for that. The City Manager said his remark is duly noted, and there may be money on alternate #7 fire coating, as the Fire Department has indicated a different method may be acceptable. Mr. Wolff said the $30,000 a year insurance would negate any rent we might receive from the building. The City Manager said the insurance will be $9,000 and we will make about $20,000 a year on this project and have tried to be revenue neutral on this economic incentive. In response to Mr. Paternoster, the City Manager said the air compressor could be considered an after-market package. Mr. Neglia asked about the fencing inside the building. The City Manager said it was to delineate shipping and receiving. Mr. Neglia asked about flammable products and the City Manager said there will be but they will be protected in accordance with code. MOTION by Mr. Wolff and SECOND by Mayor Coy to award Ahrens Companies the design/build contract for hangar project at the Sebastian Municipal Airport in the amount of $1, 241, 265. Result of the roll call: Ayes: Paternoster, Wolff, Coy, Neglia Nays: Simchick Passed 4-1 MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the $50,000 for impact fees. Result of the roll call: Ayes: Wolff, Coy, Neglia, Paternoster Nays: Simchick Passed 4-1 7 Regular City Council Meeting October 22, 2008 Page Eight Mayor Coy called recess at 8:03 p.m. and reconvened the meeting at 8:20 p.m. All members were present. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to move New Business Item #B - Park Place up at this time for the people present and it carried on a voice vote of 5-0. 08.117 B. Waste Management Franchise -Park Place Discussion -Bob Allgore, Vice 69-137 President, Park Place Homeowners' Association -Requested by Council Member Paternoster (E-Mail, Minutes, City Attorney Transmittal, Minutes, Geletko Letter, 0-03-12, Franchise Agreement) The City Manager briefly explained the Waste Management franchise agreement, part of the discrepancy occurred in the prior franchise which was only for residential, in 2003 the franchise was modified for both residential and commercial, and the agreement gave Waste Management a year to bring in the non-franchised folks, and they took a little longer and the people of Park Place have now seen an increase in rates. He said that Waste Management has tried to bifurcate the increase over the years to ease the residents into the new rate and he did not know what Council has the ability to do, but Mr. Paternoster asked for the item to be agendized. Bob Allgore, Vice President, Park Place HOA, said there are 395 homes, the average resident age is 71.7, thanked Council for bringing this up, said the rate increases hurt people's living standard, said the community is close, and American Land Lease owns the development and residents' trash was included in their rent. He said negotiations may be possible but they would like to get out of the Council franchise mandate, and a 90 day notice is required for any pass-through charges according to F.S.723. Mayor Coy asked the Interim City Attorney if he has looked at this issue The Interim City Attorney said he was aware there would be speakers but did not know what they were going to say, and this appears to be more an issue among the park owner, the residents, and franchisee. He said City Council has already made the agreement and if directed he would sit in on any negotiations with the parties. In response to the Mayor, the City Manager said the franchise agreement gave Waste Management the business, and they did not claim their right until recently and they have gone above and beyond what is required of them. Mr. Paternoster asked if there is there some way, if both parties were in agreement, to breach a condition of the contract without nullifying the contract. The Interim City Attorney said yes but he would like to meet with parties involved because Council has awarded something very valuable to Waste Management and before we interfere with the rights we have given them or subject the City to liability, he would rather sit down with parties and see where they are. 8 Regular City Council Meeting October 22, 2008 Page Nine Mr. Paternoster said Mr. Geletko of Waste Management has agreed to sit down with the Interim City Attorney. George Geletko, Public Sector Services Manager, Waste Management, said he was concerned with legal issues, definitions and would like the time to make sure they are in compliance with what they have agreed to do. Mayor Coy said she is hearing willingness, and Council should give the parties the opportunity to discuss the agreement. Mr. Neglia asked if the policy could be changed to go along with this. The Interim City Attorney said Council has the power to breach a contract but not the right to do so, and if you do it, you may be responsible for damages and penalties, whether you exercise it or not there is a balance of power. He said you need as much information as possible to make a decision and the parties are expected to live up to the terms and with regard to this contract, it is over quite a few years, and the City should remain in position of being in support of the contract and contractor and flesh out issues. Mayor Coy asked if the franchise can be amended upon mutual agreement. The Interim City Attorney said it could be. Ms. Simchick said the franchise agreement was reached in 2003 in the effort to save the City's roads, and we receive $65,000 per year in franchise fees from Waste Management. She pointed out the Interim City Attorney described a landlord tenant dispute and asked if this was in Council's realm. The Interim City Attorney confirmed it was not. Mr. Wolff asked if the City Manager intentionally did not write up a transmittal and he said he intentionally did not. Mr. Wolff said there was not enough information to make a decision. Ms. Simchick said one resident reported the fee was $12.01 a home, they do not have the ability to opt out, and snowbirds must pay when they are up north and she felt this is not a City issue. Mr. Wolff said it has to be equitable throughout the community, and it looks like the best solution is to have the Interim City Attorney look over this. Mr. Paternoster said Mr. Geletko is willing to work something out if he can. Mr. Neglia asked if the Park Place contract was different than other customers. The City Manager said the City does not regulate this, and if Waste Management desires to modify this it would be quid pro quo which could mean more years, it needs to be fair across the board. He said the residents do seem to have issue with F.S.723 and he would be happy to sit down with Mr. Geletko. Mayor Coy asked if the landlord could change their prospectus to choose trash service. The City Manager said yes, but F.S.723 regulates when the prospectus can open. 9 Regular City Council Meeting October 22, 2008 Page Ten Damien Gilliams, 1623 US Highway 1, said as a small business owner he would like the business community to have the opportunity to sit at the table if the agreement is renegotiated. He said he hoped the Interim City Attorney will keep in mind that Indian River County was working to allow an alternate local contractor to work within Gifford. Harvey Wheeler, Sebastian, said if we start renegotiation, he would support kinder recycling bins for seniors, or have the City handle its own recyclables. He said other options are available and Council should renegotiate the whole thing. Mayor Coy said we are not here to renegotiate the entire franchise agreement. It was the consensus of City Council to let the Interim City Attorney facilitate dialogue with the interested parties passed with a voice vote of 5-0. 9. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3-12 A. Approval of Minutes - 10/8/08 Regular Meeting 13-21 B. Approval of Minutes - 10/13/08 Special Meeting 08.115 C. Resolution No. R-08-22 -Vacation of Easement -Machado -Lot 12, Block 369, 23-39 Sebastian Highlands Unit 11 (GMD Transmittal, R-08-22, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 12, BLOCK 369, SEBASTIAN HIGHLANDS UNIT 11, PROVIDING FOR RECORDING, PROVIDING FOR EFFECTIVE DATE. 08.116 D. Award Sod Contract to Sod City for a Term of Two Years with Automatic Three Year 41-68 Renewals in One Year Increments Upon Mutual Consent (PW Transmittal, Bids, Proposed Contract) MOTION by Mr. Neglia and SECOND by Mayor Coy to approve consent agenda items A-D. Mr. Wolff removed item 9 D. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve items A-C passed with a voice voted of 5-0. Mr. Wolff asked who provided sod for the sidewalk project on Main Street and the City Manager said he could not answer. Mr. Wolff said it was an inferior product, and if they are the same people, we would like a better product. Mr. Paternoster said the same this is occurring with the quarter round installation. 10 Regular City Council Meeting October 22, 2008 Page Eleven MOTION by Mr. Wolff and SECOND by Mr. Neglia to approve the award of sod contract item #9D. Result of the roll call: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 5-0 10. COMMITTEE REPORTS & APPOINTMENTS -None 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 08.030 A. City Manager Update Report on 10/15/08 ISBA Staff Meeting and Discuss Schedule for ISBA Joint Workshop (No Backup) The City Manager said the working group finished the ISBA in draft form to present the first part of December to the elected officials. He said the big issues were the contiguity issue, being the property south of Sebastian which affects us only, we asked for a clause that allows us to have apoint-to-point for contiguity, and the County had issue with our request; and the other issue is the location of new towns and proximity to reserve areas, new towns do not have to have separation from reserve areas, passed with "no" vote by Sebastian, and advised Council needs to act on that at the joint official workshop. The City Manager reported that the working group felt transportation concurrency is too cumbersome to tackle at this point, which is another item Council may want to bring back to table. He said Mr. Dill is redrafting the agreement and it will be resubmitted to Council and he will start working on the schedule for the workshop. Mr. Neglia asked if there is restriction for the new towns to proximity to Interstate 95. The City Manager said there is no restriction for proximity to city limits or reserve areas but there is a restriction on number: two east of 195 and two west of 195. The City Manager said the Mayor preferred a five mile limit for new towns but the point-to-point issue was a greater concern and our vote reflected distance with new towns and point-to-point. Mayor Coy asked for consensus whether to bring this back up at the workshop. Ms. Simchick said if heading south, annex the Graves, it will be a new town but not on our border, will we oust ourselves. The City Manager said that is where the agreement works to our benefit. Mr. Paternoster said the new towns are not allowing the agricultural land to be utilized properly. The Growth Management Director said there has been a lot of discussion as to what constitutes open space and when we went with a smaller size it was to allow properties to preserve some agricultural operations and phase their development into three periods where the County is all or nothing. The City Manager said we thought it was important to include agriculture use in our comp plan. 11 Regular City Council Meeting October 22, 2008 Page Twelve Mayor Coy suggested agendizing this item for November 12th so we can reach a consensus to bring issues to the joint workshop. Ms. Simchick said she was disappointed because this boils down to a height and density agreement and carving who is getting the land; but we need to have this on the table or they will see charter government. Ms. Simchick asked the Interim City Attorney if we sign the interlocal agreement with a date that supersedes our challenge to Fellsmere's areas up for annexation, would it interfere with our challenge to change those densities. Mayor Coy said it does merit immediate attention because it affects our agreements we have made via the judge's order. Mr. Wolff said he supported Ms. Simchick in that we need to take our plea to our colleagues, and now it is time to push for our quality of life. Mayor Coy said we are leading the way, and we need to keep on pushing. She suggested bringing this up at the next meeting so we can have a consensus at the joint elected officials workshop. 13. PUBLIC INPUT Public Input for each individual is frve minutes, however, it can be extended or terminated by a majority vote of Council members present. Cameron Crockett, 168 Concha Drive, said the volleyball court by the river has no lighting and it is difficult to play in the dark. He said people use their car lights for lights and asked for lighting at the court because it is a popular place to hang out at. The Mayor directed the City Manager to look into turtle-friendly lighting. Don Wright, Sebastian River Area Chamber of Commerce, announced the November 14-16, Birthday Blues festival at Fellsmere Riding Club, said ticket prices are Friday $10, Saturday $20, Sunday $10, a three-day pass is $30, and a VIP package is available for $125. He said he would appreciate the event advertised on the City website. Cindy Falco, owner of the historical George Braddock House on Louisiana Avenue, announced a free 100-year birthday celebration of the house, in conjunction with the Sebastian River Historical Society fundraiser on December 7th from 1:00 to 4:00 p.m. Damien Gilliams, said he contacted some Council members to try to stimulate the business community before Christmas but hasn't received any call backs. He suggested holding a green market or flea markets in the Riverfront District to sell things over holidays, maybe charge $10.00 a table. He commended young Cameron Crockett for approaching Council and hoped other kids will get involved with government. He said there were violations on the meeting tonight in regards to campaigning. He said one member of Council walked out on a meeting, at another meeting she did not get her way, called for a break and went out to the courtyard and made remarks which he considered malfeasance by encouraging an ex- employee to litigate with the City which violates a sacred trust, is unacceptable and he asked her to consider stepping down and be replaced with one of the nine candidates. 12 Regular City Council Meeting October 22, 2008 Page Twelve Mayor Coy said it was no secret he was talking about her, which is personal and gave him a warning. Mr. Gilliams continued saying he was stating the facts and it was unacceptable. Mayor Coy gaveled and asked him to sit down. Ms. Simchick said she was asked by the Boy and Girl Scout troops to give tours of the City for their government badge and asked if any other Council members would want to give tours. Jim Sunnycalb, Easy Street, asked when the plaque was going to be put on the new fountain in Riverview Park for Pete Harris. The City Manager said we'll get on it. Russell Hermann, 586 Redwood Court, Ecumenical Council, thanked residents who have donated food and money, said there is an overwhelming need for both and if anyone would like to donate the contact information is Roseland Methodist Church, Post Office Box 157 Roseland, 32957. Mr. Wolff asked what type of food is needed and Mr. Hermann said any type of canned goods. Richard Strange said he was told to take a campaign shirt off but the previous speaker had a campaign shirt on. The City Manager said our resolution allows buttons and t-shirts. Chuck Lever, Sebastian, thanked Mr. Paternoster for bringing the Park Place senior citizens to Council and trying to help them. 14. NEW BUSINESS -None 15. CITY ATTORNEY MATTERS The Interim City Attorney thanked Council for the opportunity to serve Sebastian. 16. CITY MANAGER MATTERS -None 17. CITY CLERK MATTERS The City Clerk announced Student Government Day will be held October 29th and invited Council to participate. 18. CITY COUNCIL MATTERS A. Mr. Wolff -none B. Mayor Coy -none C. Mr. Neglia -none D. Mr. Paternoster reminded everyone to get out and vote. E. Ms. Simchick -none 19. Being no further business, the Mayor adjourned the regular meeting at 9:35 Approve t e tuber 12, 2008 Regular City Council meeting. ,- ~ ~ ~ Cif Uerk Richa H. Gillmor, ayor ~ Sally .Maio, MM -City Clerk 13 ' Su.~m~ tte~ ~y Deb n,©b~nson ~ Co c,~ n C i I a+~ C e-t- ~ ~ , ,~ vU8 m e eft i' III ~ k , ' _.. 1 _._._. _.. _._ ~ -.. 1 _ y .~.. ~ '~~l l ~ _.L._ .. ~. 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RECOPOS Of INdAN PoVER COtRItt. fL _ _ _ .. v ._ { ~ 4 • (n ~ -1 1 ~ N .~ '~ Ra s •~ a T IIz , 1g i -S°~',l,A(lAEL-AESEAVE-DR, ti \ ~ r~aa~t'~-- is ~ ~.p{5-- a TrN ly ,nS e ~~ 1~ I ~`~'i ~ s- ---~ ~~1~ivQ~Q ~,~~, ~~S ~ ~C~ W~i-1-~ ~ ~u~-S ~5~o~~a Z f~ ~~t ~-~ a~ ~ ORDINANCE NO.O-02-><0 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPT[7AL DEVELOPMENT PLAN FOR THE DAMS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCl~[1JMANN LAKE TO PROVIDE ~ FOR 96 SINGLE-FAMILY DWELLINGS AND RENAI~IING AS LAUREL RESERVE PUD; PROVIDING FOR CONFLICT, SE'VIIRABILITY AND AN EFFECTIVE DATE. W>EIEREAS, Laurel Homes, lnc. has filed a petition for amendment to the Conceptual Development Plan for the Davis'PUD to reduce the maximum density of development to 96 single-family dwellings and change the name of the project to the Laurel Reserve Planned Unit Development; and V4'HEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Counci] 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 finds that the proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ection 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: f The West ~i of the Northeast'/s of Section I8, Township 31 South, Range 39 Bast in Indian River County, Florida. Section 2. AMENDMENT OF CONCEPTUAL DEVELQPMENT PLAN. The Conceptual Development Plan of the PUD-R zoning for the real property described in this Ordinance, originally approved as the Davis PUD by Ordinance No. 0-01-10, as amended by Ordinance No. O-OI-25, is hereby amended to provide for a maximum density of 96 single- family dwellings in accordance with the attached rendering, and the name of said project is hereby changed to the Laurel Reserve Planed Unit Development. Sectfon 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. S on 4. SEVEl1tABlILITY. In the event a court of competent jurisdiction shall hold that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. Tt shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full fo:nce and effect. Section 5. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective. The foregoing Ordinance was moved for adoption by Councilmember Ma jcher The motion was seconded by Councilmember Coniglio and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Edward J. IViajcher, Jr. Councilmember Ray Coniglio aye aye aye ay aye § 54-4-19.2 SEBASTIAN LAND DEVELOPMENT CODE (e) Decisions by city council and appeals to administrative decisions. The city council shall render all final decisions on preliminary subdivision plans and final plats after considering recommendations of the planning and zoning commission and the report of the planning and growth management director. Similarly the city council shall hear all appeals of administra- tive decisions regarding subdivision of land as well .as decisions of tl~e plannm~ and zoning commission on subdivision of single lots. h~rn~development rP~ulations anti ii~°tpr,`~~ati~r3~ nr decisions of,~he ~3tyrstaff or the plannii~b aiiii zoning commission m~i~~`'b~'ap~ealecl t~ th~`'city council.. _ Administrative procedures for filing requests for adjustments shall be as established in section 54-4.19.1(d). In rendering decisions on such requests, the city council shall base the decision on criteria cited herein in section 54-4.19.1(d). (f) Appeals of city council action. Any applicant, person, firm or corporation claiming to be injured or aggrieved by a final action of the city council may present to the Circuit Court of Indian River County a petition for a writ of certiorari to review such final action as provided by the Florida appellant rules. Such petition shall be presented to such court within 30 days after the date of such final action by the city council. The recommendations and decisions of staff as well as boards, commissions and committees shall not be deemed to be a part of this final action of the city council. (g) Enforcement. The city council or any aggrieved person may have recourse to any remedies in law and equity that maybe necessary to ensure compliance with the provisions of this article, including injunctive relief to enjoin and restrain any person violating the provisions of this article and any rules and regulations adopted herein, and the court shall upon proof of the violation of the article have the duty to forthwith issue those temporary and permanent injunctions that are necessary to prevent the violation of this article. The city council in addition to other remedies, may institute any appropriate action or proceedings to prevent a violation or attempted violation, to restrain, correct or abate such violation, or to prevent any act which would constitute a violation. Sec. 54-4-19.3. Lot split procedures. (a) Application. Application for a lot split shall be in a form prescribed by the planning and growth management department. The application shall contain the following: (1) A legal description and survey of the lot to be divided; (2) A legal description of the two parcels to be created; (3) A legal description and dedication of any easements for the new parcels; (4) A unity of title, in a form approved by the city attorney, unifying adjacent parcels and lots if the division of the original lot results in a nonconforming parcel; (b) Review procedures. The planning and growth management director and the city engineer shall review all applications for a lot split to ensure conformance with this code, the comprehensive plan, and the City of Sebastian Code of Ordinances. The lot split may not result LDC 19:4 § 54-4-19.11 SEBASTIAN LAND DEVELOPMENT CODE 19.1(d~ such that?~~y'=one public means of ingress and egress is r~q~iired under ~t}Yis=paragraph; "the subdivision shall be designed to E provide at leash brio `:additional means of ingress and egress for emergency vehicles. All such- means of ingress and egress for emer- gency vehicles must be recommended for approval by the planning and growth management director, the city engineer, and the planning and zoning commission and approved by the city council. Wherever possi- ble, all subdivision access roads shall be located at existing median openings. If a subdivision access road is not located at an existing median opening, the applicant's paving plan shall provide for construc- ' Lion of a median opening, where permitted, or shall provide for the modification of existing openings, where required, at no cost to the city. The design of subdivision access roads shall comply with the require- ments of the jurisdiction of the highway in which the median is located. b. Specific access design. Minimum dimensions between the edge of intersections to the edge of points of access (driveways) to lots developed within a subdivision shall be located as follows: The subdivision shall be designed to provide access to the lots by the use of local streets. A secondary means of access shall also be provided to all subdivisions for use by emergency vehicles. Local street connections to collector streets shall be a minimum of 660 feet apart and collector street connections to arterial streets shall be a minimum of 1,320 feet apart. Where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road. The first point of access to the marginal access (frontage) road from collector and arterial streets shall be a minimum of 330 feet from intersection right-of--way lines as shown on the Comprehensive Plan Future Traffic Circulation Map Series, with intermittent points at median opening locations being a minimum of 660 feet from intersecting right-of--way lines, unless otherwise approved by the city engineer. Access spacing of lesser lengths may be granted if requested by the applicant and recommended for approval by the planning and growth manage- ment director, the city engineer, and the planning and zoning commission and approved by the city council. Lots shall access local street network. Driveways on collector or arterial streets will be discouraged. c. Nonresidential driveways and internal circulation. Vehicular circulation must be completely contained within the property and vehicles located within one portion of the development must have access to all other portions without using the adjacent street system. 2. Acceptable plans must illustrate that proper consideration has been given to the surrounding street plan, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety. 3. No driveway shall be constructed in the radius return of an intersection. LDC 19:36 LANGUAGE AND DEFINITIONS § 54-5-22.2 Stormwater management plan. An engineering plan and written report outlining the drainage and stormwater treatment facilities required for the proper development of the tract under considerations pursuant to the stormwater management and flood protection plan, article XII. Stormwater management system. A system of natural or artificial waterbodies or water- courses which stores or conveys water. Stormwater retention. The collection and temporary storage of stormwater in such a manner as to provide for treatment and flood attenuation to the receiving waters. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or any portion of a building used for human occupancy between the topmost floor and the roof. A basement or cellar not used for human occupancy shall not be counted as a story. Half-story. A story under a sloping roof, the finished floor area of which does not exceed one-half the floor area of the floor immediately below it; or a basement used for human occupancy, the floor area of that part of the basement so used not to exceed 50% of the floor area of the floor immediately above. Street. In addition to the definition contained in section 1.02 of the Sebastian Code of Ordinances, a street for the purposes of this these regulations shall be a public or private right-of--way/easement set aside for public travel which is 30 feet or more in width. A street affords principal means of access to abutting property. Street classifications include the following: Arterial. Arterial streets serve as principal routes through the city. The purpose of these facilities is to move large volumes of traffic from one part of the region or county to another. Arterial roads also provide connections between major activity centers of the county or city. Minor arterial. Those routes intended to carry heavy volumes of traffic for short distances within the city, as delineated on the City of Sebastian Thoroughfare Plan. Major collector streets. Major collector streets collect and distribute traffic from residential access streets to arterial streets or other collector streets. Minor collector streets. Minor collector streets collect traffic from local streets and feeds traffic to major collectors and arterials. Residential access streets (local streets). Streets which directly serve abutting properties and residences. These streets should be relatively safe and quiet and should be completely free of any through traffic. Street right-of--way line. The property line which bounds the right-of--way set aside for use as a street. Where sidewalks exist and the exact location of the right-of--way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as the right-of--way line. LDC22:29 _''.:a § 54-4-20.5 SEBASTIAN LAND DEVELOPMENT CODE Sec. 54-4-20.5. General procedure for final development plan review. (a) General procedure for final development plan submittal and approval. (1) Final development plan for a site plan. Upon completion of a site plan, the developer shall submit an as-built drawing of the site plan certifying that the site has been constructed in conformance with the approved preliminary development plan. The planning and growth management director shall review the final development plan and if the final development plan is in substantial conformity with the preliminary development plan as described in (4) below, the planning and growth management director shall approve the final development plan. (2) Final development plan for a plat. Upon completion of the construction of the subdivision, the developer shall submit a final plat and as-built drawings certifying that the subdivision has been constructed in compliance with the preliminary development plan. The final plat shall be compliant with section 54-4-19.5(c) through (f). The final development plan must be prepared in accordance with the approved preliminary development plan and shall not be considered approved by the city council and shall not be recorded in the records of Indian River County until it has been approved in a manner prescribed pursuant to section 54-4-19.5(c) through (fl. A final plat may be prepared and submitted for the entire planned unit development at one time, or for the approved development stages on an individual basis. (3) Review final development plan. The review procedures for the final development plan shall be the same as the review procedures established for a final plan in section 54-4-19.5(c) through (fl. If the final site plan includes any proposed changes, the final site plan shall be reviewed pursuant to procedures established for site plan review in article XVIII. (4) Substantial conformity with preliminary development plan required. The final devel- opment plan shall be in substantial conformity with the approved preliminary development plan. In achieving substantial conformity, no change authorized by this Subsection may cause any of the following: a. A change in the use or character of the planned unit development; b. An increase in overall coverage of structures; c. An increase in the intensity of use, or the density; d. An increase in the problems of traffic circulation and public utilities; e. A reduction in approved open space; f. A reduction in required pavement widths; or g. A violation of a specific requirement or condition of the land development code. Changes, erasures, modifications, additions or revisions shall not be made to a final plat after the city council approval has been given, unless the final plat is resubmitted for approval, except as required by law for clarification. LDC20:20 Manor Walter Barnes of Sebastian said cul•rently an Interlocal Agreement is being established with the County to start the extension. of rleming Street to US 1 ill tIle Hoar future. Comrilissioner Adams asked if it Illakes a difference to the public to access on Bailey Street, and Mayor Barnes said the residents on Bailey Street may be upset, but ho felt it was the logical location. Debb Robinson, Vice President of Laurel Homes, initiated the change in January to abandon the temporary easement language. It seemed illogical. to have a temporary easement if a road is to be built and the people are going to use that road to access the property. It was going to create a greater impact later rather than sooner. Blelning Street is not going to be in place for several years even with the Interlocal Agreement.. All the fiber optics and utilities are on the south side of the rigllt,of way and they have built soother road on the south side. C7N MO"I'ipN by Conlnlissioner Adams, SECONDED by Comnlissioncr Lowther, the Board unallimclusly authorised the Chairman to (1) execute a revised ingresslegress easelneni shifting the access to the Laurel ReSel'Ve SllbCllVlSlo.l1 Sllglltly t0 the I1flYt11 alld away Ii•om County utility and fiber optic lines; a.nd (2) execute the Stornlwater Outfall Pipe Easement and Pedestrian Ingress/Egress Easement and Maintenance Easement in favor ol` Law•el Homes, Inc. with an amendment to the existing agreement eliminating the termination clause:, as recornlnellded in the memorandum. GRAN'['S OI' EASEMEN`T'S ARE ON PILE [N "I'HI OFI~'ICE OF'I'HE CI~ERK'I'O `t'HE BOARD 13.A. CHAIRMAN MACHT -INDIAN I2IY1<1R ASTRUNUIVIY CLUB (CLERKS NOTE: This item. was added by consensus during the course of the Illeet111g.} Chairman Macht commented that Indian River County Astronomy Club and hundreds cf people wanted to say "thank you" for the use of the Courthouse Parking I,ot Garage TU VIE~h' S>JI''CEMI3ri2 2, 2003 29 Good evening Madam Mayor and council members, my name is Debb Robinson and I am Vice President Laurel Homes. Thank you for your time today. The process of platting takes a piece of land and legally divides it. Until the plat is recorded, even if the entire project is built with roads and sewer and water and electric, the land legally remains just one big piece. Once the plat is recorded, the land divides into parcels, or lots based on the drawing (the mylar) that is recorded. Laurel Reserve Phase I was platted or recorded Oct. 9, 2003. Laurel Reserve Phase II was ready to be platted in November 2005. The entire project was completed and approved by every permitting agency including yours. We spent millions of dollars to create a beautiful community that we built relying upon the integrity of the City of Sebastian ordinances. The mylars (drawings) were reviewed and approved with the exception of the dedication language for the 90 foot future road right-of--way that was reserved for the future extension of Fleming Street. However, we reached an impasse over the dedication language for that 90 feet of land and that began this very long process. Last spring the City of Sebastian and Indian River County completely removed the Fleming Street extension from the MPO plan all the way to the state and the city council voted to remove it from your comp plan. It has, in effect, been erasedit no longer exists. Subsequently, I requested my plat be approved and recorded with that 90 feet of land designated as common property within Laurel Reserve Phase II. Common property is the term used to refer to all lands owned together by the property owners of a community within its boundaries. Now we are at another impasse. Staff still wants the Fleming Street extension. I'll try and briefly summarize the issues. 1. Is it legal to appeal to the city council? 2. Does the project have legal egress without Fleming? 3. Does the project meet substantial conformity? The answer to all three questions is a resounding yes! L Is it legal to appeal to the city council? Your ldc 54-5-19.2 (e) states: "Land development regulations and interpretations or decisions of the city staff or the planning and zoning commission may be appealed to the city council. 2. Does the project have legal egress without Fleming? Your ldc 54-4.19.11(i)(2)(b) requires that the ingress/egress provide access from arterial or collector streets. And it also states: If an adjustment is authorized (pursuant to section 54-5- 19/1(d)) such that only one public means of ingress and egress is required under this paragraph, the subdivision shall be designed to provide at least one additional means of ingress and egress of emergency vehicles. The staff, p&z and city council obviously chose to apply this option to this project. Bailey Drive clearly meets your ldc definition of a minor collector street. It has an 80' right of way, collects traffic to and from the 911 tower, the Indian River County lift station, Manly Avenue, and was used to provide access to Schumann Lake prior to the city abandoning that boat ramp and building the new one on Kildare. Laurel Reserve Drive attaches to Bailey Drive as our main entrance. The emergency entrance is located in the southwest corner of the project and connects via the FPL easement to Kildare. Both accesses were built and approved by our engineer, the city of Sebastian and emergency services. While you have received an enormous amount of backup on this issue you are missing one vital piece of information...the Laurel Reserve ordinance 02-10 and its associated drawings. The original design for Laurel Reserve which you see before you shows the main entrance to Bailey and the emergency entrance to Kildare with no connection to Fleming. This was the design approved and recommended by staff to P&Z. This was the design approved unanimously by P&Z and recommended to City Council. And this is the design that was approved by city council ordinance 02-10 on May 8, 2002. The single main egress along with the emergency egress was obviously approved per your land development codes and your ordinance and that is what we built. There is no question that an additional access was later added from the project to the land that was reserved for the future Fleming Street extension. Your city council wanted it, the staff wanted it and we wanted it. But it was not because the single entrance was not legal. We addressed several design issues and the City Council later adopted the changes by resolution 02-36. 3. Does the project meet substantial conformity? Yes! It more than meets the test. The entire project was built to the construction drawings and approved by all the inspectors, engineers, and permitting agencies, including yours. We spent millions of dollars to build the very best state of the art roads, closed drainage, underground utilities, sidewalks and landscaping amenities and they have been sitting there unused for three years. The only issue is our 90 foot piece of land that was reserved for a road that no longer exists. The city council and the citizens of Sebastian have pretty clearly stated they do not want the Fleming street extension. Your staff obviously disagrees with you. We hope we can rely on the veracity and sanctity of your ordinances and codes. We just want the right to use our own land. I hope you will move this issue forward for final plat approval of Laurel Reserve Phase II as submitted on October 2, 2008. Thank you for your time and your consideration.