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Home My WebLink About01211998 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, JANUARY 21,1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN ST~ET, SEBASTIAN, FLORIDA 98.016 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL QUASi-JUDICIAL pUBLIC HEARI~G(S}.FINAL ADOpTION (Procedures on Back of Agenda) ]~esolution No. R-98-03 - Barber Street Trade C¢nter Preliminary Plat (Director of Community Development Transmittal 1/14/98, R-98-3. Application, Staff Report. Map, P & Z Minutea, Noti~s. Preliminary Plat [Separate Coverl) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDMSION KNOWN AS BARBER STREET TRADE CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 98.017 gesolutjon No. R-98-04 - Harboryederal PUD Preliminary DevelopmenLPlan and Site Plan (.Director of Community l~velop~ent Transmit/al 1/14/98, R-98-4, Application. Staff Report. Map, Noticc~, Preliminary Developm~t Plan[Separate Co_verD A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PREI3MINARY DEVELOPMENT PLAN AND SITE PLAN FOR HARBOR FEDERAL BANK AT SEBASTIAN LAKES SHOPPING CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ,8.018 Resolt~ti0n No. R-98-05 - Sebastian Lakes PUD R~vised Conceptual Plan (Director of C0wanunity Development Transmittal 1/14/98, R-98-5, Application. ;Staff Report, Map, Notices, Conceptual Development plan [Sel~arate Cover]) A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVINO AN AMENDMENT TO THE CONCEPTUAL PLAN FOR THE SEBASTIAN LAKES PUD; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION M~DE BY THE CJTY COUNCIL IVITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TttE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE W1TII THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. 2 procedures for Quasi-JudicioJ #¢~rings as Follows lin accq. rq]qtt~¢ wf~ R-97-46): Mayor/Presiding Officer Opens Hearing and Outlines Rules CiO, Atlorney reads Ordinance or Resolution (if Applicable) If Requested by Affected Party - Clerk/Secretary Administers Oath to Other Affected Paro'(ies) Who Intend to Testify For Non-Land Use Matters - Disclosure of Ex-Parte Communication Applicant Presentation - Uninterrupted 15 Minutes Inquiry of Applicant or Applicant's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Staff Presentation * Uninterrupted 15 Minutes Inquiry of Staff by Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Officer) Proponents' Testimony - Up to 15 Minutes (these are affected parties) Inquiry of Proponents by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Opponents' Presentation - Uninterrupted 15 Minutes (these are affected parties) Inquiry of Opponents or Opponent's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Opening of Informational Testimony - Any Member of Public with Information or Need for Clarification. 3 Minutes or 10 Minutes if Representing Groups of 5 or More Inquiry of Informational Witnesses by Council/Board Closing of Public Information Period - No Additional Public Comments Allowed Except in Response to CouncibrBoard Questions Applicant's Rebuttal Presenlation - 10 Minutes (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask Questions of Applicant or Applicant Witnesses) Staff Response and Summary - 10 Minutes (Response to Applicant, Proponents, Opponents or Informational Witnesses - Affected Parties May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff Witnesses) Cio' Council/Board Inquiry of Applicants, Proponents, Opponents or StaffMember Close Hearing Upon Completion of Testimony Act Upon Application ersons who desire to make a presentation or present information or comment on an application or item must register with the Cio' Clerk or Board cretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute A homeowners or property owners association whose members include an a~ected par~y shah be granted affected paro' status by the CiO, Council/Board provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary of State's office and a resolution of the board of the association authorizing said representation shah be filed with the CiO, Clerk's office prior to the entiO, 's request to be granted affected par(y status. Affected Parties May Request Extension of Time from CiO, Council/Board and may object to the introduction of any evidence, whereupon, the presiding officer may rule upon the objection to the admissibility of any evidence. The CiO, Council/Board members may affirm or overrule the ruling. Persons addressing Council/Board shall identify any educational, occupational or other experience which may be relevant to the matter. Disclosure of ex-parte communication in land-use matters is not required and such non-disclosure shah not be deemed prejudicial to the decision of the CiO, CouncilfBoard. AH decisions of the CiO, Council/Board on land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications. A person who appears before the decision making body who is not an affectedparo' may be allowed to testify before the decision mal~'ng body, may be requested to respond to questions from the decision maidng body but need not be sworn as a witness and is not be subject to cross-examination and is not required to qualify as an expert witness. The decision making body shah assign weight and credibiHO, to such testimony as it deems appropriate. 3 QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, JANUARY 21, 1998 98.016 Resolution No. R-98-03 - Barber Street Trad~ Cclltcr preliminary:Plat (])jl'~;~;Ior of Community Development Transmittal 1/14/98, R-98-3, Application. Staff Report, Map, P & Z Minutes, Notices, Preliminary Plat [Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDMSION KNOWN AS BARBER STREET TRADE CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABII.ITY; AND PROVIDING FOR AN EFFECTIVE DATE. Persons who desire to make a presentation or present information or comment on an application or item must register with the City Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97.21. (meeting procedures) Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute A homeowners' or property owners' association whose members include an affected paro' shah be granted a.~ected par~y status by the CiO' Council/Board provided the association has been established pursuant to Florida Law..4 certificate of good standing from the Florida Secretary of State's oJ~ce and a resolution of the board of the association authorizing said representation shah be filed with the CiO~ Clerk's office prior to the entiO, 's request to be granted affected parO, status. A person who appears before the decision making body who (s ~Lot on affefted, pa~rf)' may be allowed to testify before the decision making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is not subject to cross~examination and is not required to qualify as an expert witness. The decision making body shah assign weight and credibilio' to such testimony as it deems appropriate. Name Address Name Address Name Address 98.017 QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, JANUARY 21, 1998 Resolution No. R-98-04 - Harbor Federal PUD Preliminary Development Plan and Site Plan (Director of Community Development Transmittal 1/14/98, R-98-4, Al~plication, Staff Report, Map, Notices, Preliminary Development Plan [Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND SITE PLAN FOR HARBOR FEDERAL BANK AT SEBASTIAN LAKES SHOPPING CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDINO FOR SEVER. ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Persons who desire to make a presentation or present information or comment on an application or item must register with the City Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) ~f¢cl~d Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute A homeowners' or property owners' association whose members include an affected party shah be granted affected party status by the City Council/Board provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary of State's office and a resolution of the board of the association authorizing said representation shah be filed with the City Clerk's o~ce prior to the entity's request to be granted affected party status. A person who appears before the decision making body who is not an affectedpartv may be allowed to testify before the decision making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shall assign weight and credibility to such testimony as it deems appropriate. Address ' 3'¢770 NalTle Address Nallle Address 98.018 Co QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, JANUARY 21, 1998 Resolution No. R-98-05 - Sebastian Lakes PUD Revised Conceptual Plan (Director of Community Development Transmittal 1/14/98, R-98-5. Application. ;$t~ff.~¢pork Notices, Conceptual Development Plan [Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE CONCEPTUAL PLAN FOR THE SEBASTIAN LAKES PUD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Persons who desire to make a presentation or present information or comment on an application or item must register with the CiO' Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) Affected Parties are the ,4pplicq~t6 CiG ~g1~ff qr~fl l'~t~ons l~ntdl¢~ (o jVoticg Uo~¢r Code or Statute A homeowners' or property owners' association whose members include an affected parO' shall be granted affected parO' status by the CiO' Council/Board provided the association has been established pursuant to Florida Law. ,4 certificate of good standing from the Florida Secretary of State's office and a resolution of the board of the association authorizing said representation shall be filed with the CiO' Clei'k's office prior to the entiO' 's request to be granted affected party status. A person who appears before the decision making body who is not an affectedparo' may be allowed to testify before the decision making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shah assign weight and credibilio' to such testimony as it deems appropriate. t Ad&ess .............. ...... ......................................................... City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, JANUARY 21, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited and there was a moment of silence in honor of Edra Young. ROLL CALI~ City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staffpresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Katlm/n O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting January 21, 1998 Page Two 4. QUASI-~JDICiA]~ PUI~LIC HEARING(S), FINAL ADOPTION 98.016 A. Resolution No. R-98-03 - Barber Street Trade Conter Preliminary Plat (,~ir~;~;tot of Community Development Transmittal 1/14198, R-98-3, Applicatj,on. $[aff Report, Map, P & Z Minutes, Notices. Preliminary Plat [Sel~arat~ Cover]) A RESOLUTION OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS BARBER STREET TRADE CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-03 by title and Mayor Barnes opened the hearing at 7:03 p.m. The City Clerk swore in those who intended to offer testimony. Joseph Schulke, an owner and engineer of record for the property, presented his request for preliminary plat and responded to questions from City Council. Mrs. Sullivan requested that[applicant's list a physical address. The Director of Community recommended approval of Resolution No. R-98-03. Mayor Barnes closed the heating at 7:14 p.m. MOTION by Sullivan/Taracka I would move approval of Resolution No. R-98-03. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 OSpecial City Council Meeting January 21, 1998 Page Three 98.017 B. Re~olution No. R-98-04 - Harbor Federal PUD Preliminary Development Plan and Sit~ ?lllll (Director of Community Development Transmittal 1/14/98,~-98-4, Application, Staff Report. Map. Notices, Preliminary I~velopme. llLPl~ [separt~te {20ver]) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORiDA, APPROVING THE PRF.!.IMINARY DEVELOPMENT PLAN AND SITE PLAN FOR HARBOR FEDERAL BANK AT SEBASTIAN LAKES SHOPPING CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-04 by title and Mayor Barnes opened the hearing at 7:15 p.m. Brian Cale, Ron Howse, P.A., Box 701323, St. Cloud, presented his request for PUD preliminary development plan and site plan and responded to questions from City Council. Mr. Paul and Mrs. Sullivan expressed concern about the City Engineer's statement "No comment" in the staff report and suggested assurance it was reviewed and meets the code. The City Manager said he would be sure this was done in the future. The Director of Community Development reiterated conditions in his report, cited a letter received January 20, 1998 from engineer Ron Howse stating that imposed conditions will be complied with (see attached); and recommended approval of Resolution No, R-98-04. Mayor Barnes closed the hearing at 7:24 p.m. MOTION by Taracka/Paul I move to approve Resolution R-98-04. MOTION by Sullivan/Paul I would move to amend the motion simply to change that wording (the first page of the resolution, paragraph 3 to "The City shall not be responsible for the maintenance of the landscape easement.) ROLL CALL (amendment): Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Special City Council Meeting January 21, 1998 Page Four ROLL CALL: (main motion) Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 98.018 Res~lulj0r~ NQ. R-98-05 - Sebastian Lakes PUD Revis~l Conceptual Plail (Director of Community Development Transmittal 1/14/98, R-98-5, A~plic,.afion. Staff Repo~ Map, Notices, Conceptual Developra~nt~Plan [~eparat~ ~oyer]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE CONCEPTUAL PLAN FOR THE SEBASTIAN LAKES PUD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98~05 by title and Mayor Barnes opened the hearing at 7:26 p.m. Warren Dill, attorney representing Sebastian Lakes/Lennar Northeast Partners Limited Partnership, owners of the undeveloped property in Sebastian Lakes PUD, presented the request for modification to the original conceptual plan; introduced planning consultant and Lennar representative, Chuck DeSanti; project engineer Joe Mayer, Bussen-Mayer; and landscape architect Andrew Witkin and, whom he stated, would be giving testimony. He submitted their resumes to the City Clerk for the record. Mr. Dill gave a brief history for the Sebastian Lakes project; and submitted copies of the February 1994 Developers Agreement and October 1996 amendment to Developers Agreement (sec attached); discussed the June 1997 denial of the o~6~,6aa4-c~>nceptual plan by Planning and Zoning, which resulted in a redesign and reduction by his client to 97 units from the originally approved-zatl4mmts. Charles DeSanti, Hobe Sound, presented the conceptual plan, TAPE I - SIDE II (7:47 p.m.) described the landscape plan, discussed the emergency access on to Laconia Street and the sidewalk plan, and said the street tree program will be continued into the existing Sebastian Lakes condominiums. Discussion took place on the definition of"open space". Mrs. Sullivan recommended that it be more clearly defined in the future. Mrs. Sullivan suggested another lot be eliminated to create another ingress/egress onto Roseland Road. 4 Special City Council Meeting ~January 21, 1998 Page Five In response to Mrs. Sullivan, Mr. DeSanti said he would provide a twenty foot wide stabilized emergency access by the time preliminary plat is presented for approval; and said 17 lots are less than 60 feet. The Director of Community Development said the City Attorney had advised him that a conceptual plan approval binds the developer, however, the conceptual can be amended and the developer would then be bound to the amended plan. Joe Mayer, Bussen Mayer Engineering, responded to questions relative to filling in existing ponds adjacent to the library. Mr. DeSanti said the height of the one story homes will be approximately 16 feet. The Director of Community Development recommended that the Winn Dixie site not be included in consideration of the PUD; said he will suggest to Indian River County that the library site be taken out of the PUD; recommended a temporary emergency access onto Grandeur Avenue until the development is completed; explained the difference in the conditions in the staff report and resolution; and recommended approval of Resolution No. R-98-05 with the following changes to the resolution: pg 1 - Section 1 - third line - after "sheets 1" add "as revised on 1/19/98"; pg 2 condition 6 - add "This access shall be a twenty foot stabilized driveway"; pg 3 - condition 18 change "the" to "their"; condition 19 - add "lots 62-69 inclusive"; and condition 21 - add "unless bonded". He said there is a memo from the City Engineer with suggested conditions which will be addressed when the preliminary plat comes back. TAPE II - SIDE I (8:30 p.m.) Mayor Barnes called recess at 7:35 p.m. and reconvened the meeting at 7:52 p.m. All members were present. Sonny Dean, Director of General Services, Indian River County, took exception to the change in condition 15 which removed written approval by Indian River County. Mr. Dill said it is inappropriate for one property owner to have veto rights for this project and said the developer intends to meet with Indian River County staff members next Monday. Mayor Barnes said the City Attorney advises that changes can be made after the meeting with the County. James Connors, on behalf of himself and Elizabeth Reidy, 1110 Breezy Way, Sebastian, submitted a map and read from a letter dated 1/21/98 (see letter attached). The Director of Community Development responded to Mr. Conners' concerns. Mr. DeSanti said it is standard practice to provide internal access to a commercial site for safety reasons. Special City Council Meeting January 21, 1998 Page Six Mr. Dill responded that several meetings were held with the Sebastian Lakes property owners and that the overwhelming majority have been satisfied. Alfi'ed Mungo, 1130 Breezy Way, Sebastian said people were led to believe the area would remain residential and objected to allowing commercial. TAPE II - SIDE II (9:35 p.m.) Mr. Mungo said he lives in building two. Roger Carey, 1202 Larkspur, Sebastian, spoke on behalf of 55-60 adjacent property owners, described the many months of work that went into the compromise that is presented in this conceptual plan, but expressed concern for the temporary access onto Grandeur. Mayor Barnes asked Mr. DeSanti if he could provide a better buffer between the gatehouse and building one. Mr. DeSanti agreed that he would do so. Andy Witkin, architect for the project, responded that he would prepare a design with increased buffer. Mr. DeSanti said he would rather develop the access road from the entrance east to the currently programmed emergency access onto Laconia during the first phase rather than installing a temporary access onto Grandeur. The Director of Community Development suggested expanding condition 6 by changing the reference to "Phase II" to "Phase I". Arthur Bower, 1164 Breezy Way, Sebastian, discussed provisions of homeowner declarations. Mayor Barnes closed the hearing at 9:45 p.m. MOTION by Sullivan/Barnes I would move approval of Resolution R-98-05 going down to Section 1 where sheets 1, 2 and 3 are revised as of 1/19/98, and with the following conditions to follow the recommendations of the City Planner, includes on 15, the applicant must obtain (she was advised that only sheet one was revised and corrected that) then drop over to 63, 64 and 65 and include the recommendations of the City Planner Terry Hass, which included a written approval from Indian River County on drainage and open space calculations as well as development of the sidewalk to the library tract prior to the preliminary development plan approval. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye 6 Special City Council Meeting January 21, 1998 Page Seven MOTION and SECOND were withdrawn during the roll call due to a request for clarification fi.om Mrs. Cartwright and discussion of conditions listed in the resolution which had been amended during this meeting which were not included in the motion. Mrs. Sullivan clarified that she was substituting the City Planner's recommendations on circle pages 63, 64 and 65 for those in the resolution. Mrs. Sullivan made a motion which died for lack of a second. "I would move approval of Resolution R-98-05 with the following changes: under Section 1 of the preliminary development plan on sheet one, it would be as revised on 1/19/98; under number 6 it would add Phase I to the development plan for the emergency access on Laconia rather than in Phase II which would be a twenty foot access as agreed to by the developer, then I would add to that fi.om the original resolution the sections that the developer had agreed to which would be number 17, 18, 19, 20 and 21 and, (when asked "as amended?") she said "well I'm adding it, I'm making my own original motion so I'm really not amending it, this a whole clean new motion but it can be followed by the printed material that we've been provided. (When asked what about number 7 to number 16) she said "I included all.of that under the Planner's recommendation under pages circle 63, 64, and 65 .... Number six would have the twenty foot access added and it would become phase I instead of phase II as the developer has offered and then we would continue on page 64 from 6 all the way through to 16 and that is the original recommendation from the City Planner and then we will also add fi.om the original motion number 17, 18, 19, 20, 21 that's on circle 51. MOTION by Cartwright/Paul I move to adopt Resolution R-98-05 with original amendments recommended by staff which is paragraph 1, section I revised sheet 1 1/19/98; number 6 changing preliminary development plan approval for phase I "this access shall be a twenty foot stabilized access", and number 19 lots 62 - 69 inclusive, number 18 spelling correction "their"; number 21 "unless bonded". ROLL CALL: Mrs. Sullivan - nay Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 4-1 /lpproved at the ~R[~ Being no further business, Mayor Barnes adjourned the Special Meeting at 10:00 p.m. l/ , 1998, RegularCity Council Meeting. t~ ~~C~- Waiter I~. Barnes Mayor