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HomeMy WebLinkAbout2008 - Council MinutesRegular City Council Meeting June 11, 2008 Page Four 10. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Items A, B and C below were continued from the April 23, 2008 Regular Meeting to the June 11, 2008 Regular Meeting. Advertisement for the land use change hearing (item B) ran on 4/7/08. • Item A is legislative first reading only. • Item B is a legislative first reading and public hearing for transmittal to DCA. • Item C is a first reading of a quasi-judicial matter. 08.052 A. First Reading Ordinance No. 0-08-01 - Voluntary Annexation of Shady Rest Mobile 57-111 Home Park 13225 US Highway 1 — 17.15 Acres (Backup Previously Provided Under Separate Cover — New Information: Transmittal, 4/23 Minutes Excerpt, Petition, Agreement) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Ex -parte communication was disclosed. The Clerk pointed out this was a first reading of an annexation ordinance and disclosure of ex -parte communication was not necessary. The City Attorney read the title and explained it doesn't take effect until the land use is reviewed and finally approved by the Department of Community Affairs (DCA) and noted there is an updated annexation agreement between the park owner and the residents in the packet. He advised this is a legislative act, that there is no requirement to annex and should Council choose not to annex there would be no further action on the remaining ordinances. Mr. Warren Dill, 1565 US 1, Sebastian, representing the applicants, stated this has no significant impact on the City and over time will generate business and sales tax and the residents will have certainty in their lives. He said the residents have been individually polled and only three of the responses were in opposition. Mr. Paternoster asked if this Council could bind a future Council and the City Attorney responded a future Council and land owner could change the agreement. It was noted that both parties would have to agree to change the agreement. Mayor Coy noted that we will have a permanent record of this proceeding at which we made a commitment that could be brought to a future Council. Ms. Simchick asked about the agreement effective date noted on circle page 63 and said it should read June and the Mayor Coy said it would actually be the date of the adoption hearing. Ms. Simchick asked for more information on the plan for the empty lots and that if Shady Rest were annexed, would they be eligible for the fagade grant. The Growth Management Director said they would not be eligible since they are not within the Community Redevelopment District boundaries. Mr. Dill said a number of improvements would be made to the park including the signage and landscaping. Mr. Paternoster asked when the property was taken off the market because he had recently seen it listed on Realtor.com. Mr. Dill said it was taken off two to three years ago. He then clarified that under the agreement, the park would remain open for five years but from five years to ten years it is up to his client's discretion. The City Attorney said in the case of Chapter 11 bankruptcy, the City would request the receiver to allow the contract to remain but it is ultimately up to the bankruptcy judge. Damien Gilliams, 1623 US 1, suggested the City should pay for the residents' attorney and stated he received a letter and wanted to go on record that he is against the annexation. He stated previous Council minutes show Mr. Neglia was against annexation. Mayor Coy gave him his first warning to keep politics out and he proceeded to state Council minutes show Ms. Coy was against annexation and Mr. Paternoster ran on a platform that he was against annexation and commended him. Mayor Coy noted she was not on Council at that time. Clifford Estes, Shady Rest resident, said he is 100% in favor of annexation, and that the owners have got to make money and will do their best for the residents. Mr. Kilderby, 13225 US Highway 1, stated he didn't think Mr. Howland would change what he says he would do because he is a gentleman; said that he likes what has been promised, and is for the annexation as are his two sisters who live in Shady Rest. Robin Meyers, 739 S. Easy Street, Social Justice Committee of St. Sebastian Church, applauded the questions Council is asking, and said the committee is in favor of the annexation. Claire Ranahan, 13225 US Highway 1, said it is a great conciliation to have five solid years, expressed heartfelt gratitude for Council's time in meeting with the residents, and said the owner is a businessman and has been very fair to the residents. She asked Council to consider the possibility of losing their homes when they reach her age. Betty Robson said she is for the annexation. James Williams, Shady Rest Park Manager, who has worked for Mr. Howland for ten years, applauded the residents for their cooperation in considering options, said he owned a home in the park, and that he supported the annexation. Jane Adams, Shady Rest, said she called Attorney Mike Stuckey, State Department of Legal Services, who said, if the owner is sincere, the City Attorney could include in the annexation ordinance a promise that the owner would not to seek a change of land use for a period of five years. Ms. Simchick expressed disappointment at negative comments from the audience when Jane Adams approached the podium to speak, stating Mrs. Adams had a right to speak and was well versed in the laws regarding this issue. Mayor Coy called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All members were present. Council Deliberation Mr. Wolff said when he first looked at this he was not happy because he thought the land owner was attempting to skirt the regulations of another agency by applying for annexation, said the owner should have contested the County regulation to the State courts. He said these elderly folks are unrepresented against a property owner of means, stated he did not think the RV plan will succeed in light of fuel price increases, these people will walk away with nothing and should have been offered a buyout. He said though he thinks the owner's intentions are honorable, if he passes away his intentions may not be carried out, said the developmental rights are the golden ring and it will be a windfall profit if the property is sold. He said he could not put his name to this agreement whereby in five years these people would be put into the streets. Ms. Simchick said this decision has weighed heavily on all of them, that Ms. Adams asked all the right questions, residents did hire an attorney and residents expressed a need for five years of peace. She questioned whether Council should accept what the residents are comfortable with. She asked the City Attorney since the Shady Rest residents signed a petition to convince Council to approve the agreement, if the playing field changed, would the residents have a civil lawsuit. The City Attorney said there isn't a clear answer on that, but if a future Council wanted, he would attack it in that vein as the residents are the third-party beneficiary, but whatever the case the petition would be admissible evidence. Ms. Simchick said she agreed with Mr. Wolffs comments, but the residents are begging Council to approve and she wanted to be sure their eyes were wide open and they had received good advice. Mayor Coy asked Mrs. Ranahan to come forward and tell Council what transpired between the residents and their attorney. Mrs. Ranahan said the residents did meet with Attorney Mari Parsons, who represents the homeowners' association, to go over the contract and Ms. Parsons said it was excellent protection for the residents. In response to Mr. Neglia and Mr. Paternoster, Mrs. Ranahan said Ms. Parsons had been the homeowners' association attorney for seven years and was still practicing. The City Attorney said he had discussions with Ms. Parsons and gave his opinion on behalf of the City on a couple of questions. Mayor Coy said Mari Parsons advised that the new wording was a benefit to the residents and they came to their own independent decision, and as to Mr. Gilliam's quotes from 2004 she was not on Council. She said she had spoken to County Commissioners Wheeler, Davis, and O'Bryan by phone, and Mr. Davis and Mr. O'Bryan said it was not Indian River County's intent to prevent Shady Rest from closing but to delay the time for the residents. She said the County's ordinance doesn't prevent the owner from closing the park within 60 days under Florida Statutes but the City agreement will protect them for five years. She said her vote is for what the residents want and she will fight for them if anything goes wrong. Mr. Neglia pointed out that Council is genuinely concerned for what happens to the residents, that Shady Rest is affordable housing being taken away, agrees that less and less RVs are coming down to Florida, hoped the decision was right and everything goes well for the residents and that they are taken care of. He agreed people should not be hard on Mrs. Adams. Mr. Paternoster said this is the first he had heard about their attorney, and asked the City Attorney why Ms. Parsons' comments were not in the packet. The City Attorney responded he did not have anything in writing from her and saw her handwritten notes from the homeowners' association president she had with her in their meeting. Mr. Paternoster said maybe the 50% rule was originally put in the agreement for leverage, said he could not say the owner was honorable because he didn't know, said the park was in disarray and now they are getting a few things done. He said it was his worry that the residents won't get five years, that attorneys can take the law and manipulate it, Council can promise the world and in five years he would guarantee that this City staff will say `we want the property' because they want it now. He said this is a way of getting around the County regulations and he would not support it. Mayor Coy asked the City Manager and City Attorney if anyone on City staff implied or stated that they did not want to honor the agreement for five years and want the property for commercial use now. They both answered no. Mr. Paternoster asked the City Manager what he had told him about that property. The City Manager asked to keep this in context because the City did not seek a petition, nor go out and ask. Mr. Paternoster interrupted him and the City Manager asked to finish. They began to talk over each other and the Mayor gaveled both sides of the dais and said we are not going to argue. The City Manager asked to finish his answer and Mr. Paternoster said he needed his answer and asked again what he told him about the property. The City Manager started to respond and Mr. Paternoster asked him to be frank. The Mayor gaveled again and asked Mr. Paternoster to give courtesy and he said he was speaking and she had no right to shut him up so not to try it. He continued telling the City Manager that if he didn't want to answer he didn't have to. The City Manager said he would answer the question the way it should be answered and Mr. Paternoster told him to try honesty. Mayor Coy called recess at 9:40 p.m. and asked for everyone to come back with cool heads and reconvened the meeting at 9:51 p.m. All members were present. Mayor Coy asked Mr. Paternoster to restate his question. He asked the City Manager what he said to him in regard to Shady Rest Mobile Home Park in the City Manager's office and on the telephone. The City Manager asked to be provided the liberty to answer so that a piece of his conversation would not be manipulated to support one position or another. He said in his opinion, the question was lined to put the footstep of this staff's head, and their recommendation was that the property should be annexed, that has not waivered, and the conversation was that it should be annexed and changed to commercial because in the long term benefit of the City it will be better for the community. He said the portion of the question that was unfair, was that staff in no way went out and solicited annexation, rather it was put on staff's doorstep and staff put it on Council. Mr. Paternoster asked about proximity to water. The City Manager stated it is in a bad location for a mobile home park because of natural disasters, that staff did not solicit it but provided their planning opinion that the best use is commercial. The City Manager stated this is a tough call and he did not envy Council. Mr. Paternoster said he had asked him how he would feel if it was his parents, said he was not answering his question and said the City Manager had told him "we need to do something because these people are going to be without a home". The City Manager said there were disparaging remarks in fun connotation but this is a serious subject and Mr. Paternoster continued that the City Manager said, "If it were my parents, I'd tell them to get the hell out of there." The City Manager stated he wouldn't answer his line of questioning anymore because it was unprofessional. Mr. Neglia called for a point of order and the Mayor asked him to state his point of order and Mr. Neglia said it was the arguing and bickering. MOTION by Mr. Neglia to approve and SECOND by Mayor Coy to approve the first reading of Ordinance No. 0-08-01. Mr. Paternoster told Mr. Neglia he was surprised at him interrupting his questioning of Mr. Minner and said he is not satisfied with the City Manager's answers to his questions, and it appears he doesn't want to answer. The City Manager told Mr. Paternoster that he would not allow him to impugn his integrity, that Mr. Paternoster knew what the conversation was, he could not judge what was in his heart, and the property should be commercial. Ms. Simchick said during the recess things were flying and concerns were expressed about buyouts and the residents have expressed uncertainty again. She said the residents were concerned their attorney was not here and she was concerned about annexing tonight and said as good stewards Council has to make this decision for them and it would not be right to make that decision tonight. Mayor Coy stated this is only the first reading and doesn't mean it will pass at the second reading/public hearing, the attorney could be here for the second reading, if we deny it, it is dead and delaying it again would be a disservice. Mrs. Ranahan said she would appreciate the time and would like to get input from the other residents. Mayor Coy again said this is a first reading, if it is denied tonight it is dead, but if it passes on first reading, it will come back a second time before it becomes gospel and if the residents change their minds, she will also change her mind. The City Attorney clarified that it wouldn't come back until the City received comments from DCA on the land use which would be four to six months. Mr. Wolff asked if the homeowners' attorney works out of Mr. Dill's office and Mrs. Ranahan said she did not think so. Mayor Coy said the attorney works out of Attorney Rene Van de Voorde's office. The City Attorney outlined the three options: vote to pass on first reading and hold public hearing upon return from DCA, vote to deny, or continue the first reading to a future time. Mr. Wolff pointed out there could be a different Council in six months. The City Attorney said the annexation first and second reading could be done in a two week gap, separate from the land use. Ms. Simchick asked if there is a change in terms, would the annexation ordinance have to be redone. The City Attorney said it is staff's recommendation all the ordinances be done together, though annexation can be done separate from the land use. He said if terms of the annexation agreement change, because it is an attachment referenced in the ordinance, there would not need to be another first reading. In response to Mr. Wolff, the City Attorney said the land use does not have to occur with the annexation, but is being done for certainty; if not done at the same time, on an interim basis it would go to the closest County land use. Mr. Wolff asked if the land use is the reward for filling the five year obligation. The City Attorney said while we can bind them for five years, they could not bind us. Mr. Dill stated his concern is that when this started in April, there was time to run the land use with the City's land use amendment, but the park has to be open and running as a mobile home and RV park by December and if that doesn't happen, his client has no incentive to proceed and though the County is working to allow RVs it will take more time. The City Attorney clarified that DCA review is 45 days and then the City has 90 days to respond. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting until 11:00 p.m. passed on a voice vote of 5-0. Roll call on the annexation motion was as follows: Ayes: Simchick, Coy, Neglia Nays: Wolff, Paternoster Motion carried 3-2 08.052 B. First Reading and Transmittal Public Hearing of Ordinance No. 0-08-02 - Land Use 113 - Shady Rest Mobile Home Park, 13225 US Highway 1 — 17.15 Acres — Riverfront Mixed Use (RMU) (transmittal, previous backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES , MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title. The Growth Management Director and Attorney Dill stated staff report is before Council and Mr. Dill noted staff recommends approval. The City Attorney said the decision to assign the land use designation is at the discretion of Council, and noted every piece of property except institutional, that lies east of the railroad, is Riverfront Mixed Use (RMU). Clare Ranahan asked what will happen if DCA rejects this. The City Attorney said basically feedback is received from DCA and the City has discretion. Cindy Falco asked for clarification on what had occurred previously and whether residents would have to leave if the business does not open in December and Mayor Coy said the County ordinance would not preclude him from using Florida Statutes which allow six months notice for residents to vacate. Ms. Simchick pointed out this question does not pertain to land use. Damien Gilliams, 1623 US Highway 1, stated maybe we will get a Lowes next to the Church, asked what if he petitioned DCA as a property owner, suggested changing the land use to mobile home park and guarantee the residents a place to live, it is a concern their attorney is not present, stated making this commercial is not good, the property should be abutting more than 50% of the City property and this is not. Evelyn Rupp, Shady Rest, stated she didn't understand what is happening because when they came tonight they thought they had five years. Mayor Coy explained the annexation passed on first reading and residents have three to six months to consult with each other and their attorney. MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-02 on first reading and authorize transmittal to Department of Community Affairs for comments. Roll call on the motion was as follows: Ayes: Coy, Neglia, Simchick Nays: Wolff, Paternoster Motion carried 3-2 08.052 C. First Reading of Ordinance No. 0-08-03 — Rezoning (Quasi -Judicial) — Shady Rest 115 Mobile Home Park, 13225 US Highway 1 — 17.15 Acres — Commercial Riverfront Zoning (transmittal, previous backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH-8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and asked that input not be taken at this time on first reading because the hearing will be quasi-judicial. MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-03 on first reading. Roll call on the motion was as follows: Ayes: Coy, Simchick, Neglia Nays: Paternoster, Wolff Motion carried