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HomeMy WebLinkAbout04151998 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCiL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, APRIL 15, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL QUASI-JUDICIAL I'UBLICIil~ARiNG(S), FINAL ADOPTION (Procedures on Back of Agenda) 98.088 A. Collier Club Planned Unit Development (PUD-R) - Preliminary Development Plan for Phase I and II Resolution No. R-98-15 (Director of Community Development Transmittal 4/9/98, R-98.- 15, Application, P&Z Minutes, Location Map, Staff Report, Preliminary Plat Under Separate Cover) A RESOLUTION OF THE CITYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR COLLIER CLUB, PHASE I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 5. OTHER MATTERS 98.O89 A. Discussion Relative to Code Enforcement Proposals Including the Placement of Enforcement Officers into the Police Department (City Manager Transmittal 4/10/98) 6. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HF,4RING) WILL NEED A RECORD OF THE PROCF~F~DINGS AND MA Y NEED TO ENSURE THAT A VERBA TI'Iff RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286. O105 F. SO IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING  '~HOULD 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. Procedures]or Quasi-Judicial Hearings as Follows (In accordance w]tl~ ~R-97-46) : 98.088 QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, APRIL 15, 1998 Collier Club Planned Unit Development (PUD-R) - Preliminary Development Plan for Phase I and II - Resolution No. R-98-15 A RESOLUTION OF TH~ CiTYOF SEBASTIAN, INDIAN RIVER COUNTY, FLOR]DA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR COLLIER CLUB, PHASE I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; 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 th~ 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) Affgl~It~ i'~r(~ l~r¢ t~e Ap£licat~6 City Lgtaff ond i'er~ons Entitled ]o Notice Ut*der Code or Statute A homeowners' or property owners' association whose members include an affected party shall 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 shall be filed with the City Clerk's office prior to the entity's request to be granted affected party status. A person who appears before the decision mala'ng body who is qot an qffectedparty may be allowed to testify before the decision maMng body, may be requested to respond to questions from the decision maldng 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. Name Address Address City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTiAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, APRIL 15, 1998 - 7:10 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:10 p.m. The Pledge of Allegiance was recited, and a moment of silence was conducted. ROLL CALL City Council Present; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul ~taff Preseqt~ City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Katlu3m O'Halloran Director of Community Development, Bob Massarelli Chief of Police, Randy White Deputy City Clerk, Sally Maio pecial City Council Meeting pril 15, 1998 Page Two 98.088 QId/~J-JUDICIAL PUBLIC~i~ARING(S). FINAL ~OPTION (Procedures on Back of Agenda) Collier Club Harmed Unit Developrtl~nt (fUD-R) - Preliminary Dgvelopment Plan for Phase I and II R,¢solution No. R-98-15 (Direct0/of Communi~ Dev¢loplxl~nt Transmittal 4/9/98, R-98-15, Application, p&Z Minutes, Location Map, 5taft Report, Preliminary Plat Under Separate CovE0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIM]NARY DEVELOPMENT PLAN FOR COLLIER CLUB, PHASE I; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-15 by title and Mayor Sullivan opened the hearing at 7:13 p.m. Ail affected parties waived administration of the oath. Applicant Presentation Applicant, Chuck Mechling, Onsite Management Group, Inc. and Steve Moler, Masteller and Moler, gave a brief presentation on the entire site for the benefit of new Council members, although this request was for approval for preliminary development for phase I, consisting of 112 lots. 'He noted that perimeter lots have been increased to 65' wide, and that Airport Drive will be improved and deeded to Indian River County. Discussion took place relative to ingress and egress. Mr. Mechling said that the double lanes coming in and out of Roseland Road as approved in the conceptual plan should suffice, however, following conm~ents made at Planning and Zoning, he said another area will be looked at as a temporary emergency access during construction and stated "it would only be for emergency situations until we have our secondary access point which would be in later phases." but then stated "We would just have the emergency one during the time period of construction in case there was an issue." Mr. Moler noted, when complete, the site will have two permanent entrances, one as shown in Phase I on Roseland and the other which will be done later on in the northern end of the project; and that Wimbrow will be a permanent emergency access but will be constructed in a subsequent phase. Discussion took place on the other proposed permanent access onto Akport Drive East. The City Manager advised that the use of the Golf Course parking lot as the other permanent entrance would have to be approved by FAA and would need to have a positive impact on the Golf Course to be feasible. He said objections have already been received relative to increased traffic on Main Street and impact on the golf course. 2 Special City Council Meeting 15, 1998 Page Three Discussion continued on the need for two accesses for the first phase beyond its construction. Mr. Neuberger stated he thought an emergency access for phase I was necessary and should remain in place until a permanent secondary entrance is installed. Chuck Mechling said "I don't have a problem giving up a lot that's set aside, that's not built on, until we move on to the other side of Collier Creek and comply with the other Wimbrow emergency exit. We just want to get along with everybody and we want to make it a quality project and be a part of the community, so I don't have a problem doing that on a temporary basis until we do go over to that other side." Mr. Moler said "So specifically, I think lot 4, in the subdivision plan which aligns up with Hart Avenue, we would work with those residents and I think that they, and the fact that we are also with this project, proposing to pave Airport Drive, which theoretically is of no benefit to our client, but I think that would be something that would resolve the concerns with the understanding that as we go into later phases and establish that second permanent entrance, that that would then become a saleable lot that could be built on." He then stated "l just wanted to add, my client indicated he would just like some flexibility, he thought he was pinned down with one lot, it would be one of the lots from along Airport Drive and anywhere from lot 4 to whatever the furthest lot, 25. One of those lots would be established as the entrance, secondary entrance." Mayor Sullivan noted a petition had been received relative to the proposed north entrance through the Golf Course. Mr. Moler said most of the City Engineer's comments in her March 11, 1998 had been satisfied, however, some would have to be addressed during construction. Staft Presentation The Director of Community Development gave a brief staff report, explaining the complete PUD approval process and the phasing for this particular project. Following a brief description of phase I and reiterating access conditions approved in the conceptual plan, he recommended that the City Attorney's opinion be obtained on use of the access to Airport Road to Hart Avenue, which are privately owned, and for which, local residents may say they have a prescriptive easement. He reiterated Resolution No. R-98-15 conditions 1 through 8, and noted that the developer will be applying for a special use permit for sandmining to remove excess fill from the site. TAPE I - SIDE II (7:55 p.m.) The Director of Community Development responded to questions from Council, stated that the Resolution is in error relative to where it refers to plan sheet numbers 1-21, and pointed out that the nine sheets (pgs 3,13,14,15,17,18,19,20 & 21) which are missing are actually construction drawings. ~l~Speeial City Council Meeting pril 15, 1998 ~P lage Four Proponents' ~timor~¥ None. Oppone0jO' Testimony Ruth Briggs, 321 Main Street, Sebastian, affected party opponent, opposed the use of Wimbrow for any access, and asked how a locked gate can be maintained; and opposed using Airport Road. The City Manager assured Mrs. Briggs that the Wimbrow access would not be used for any kind of construction, only for emergency vehicles. Mayor Sullivan noted that a petition objecting to from Main Street residents had been received. Ii~formational Testimony Harry Thomas, 654 Balboa Street, Sebastian, said if this is a private community, it should provide its own emergency services. Ed Herder, 11145 Airport Drive, said the private road being referred to is actually Airport Drive, that it was installed by the Navy, and that he would like to see it paved due to the fact that it is abutting the project. Mayor Sullivan closed the Public Information Period. Appl cartl~ Rebuttal Presentation None. Staff ]~¢.~on~e and Summary The Director of Community Development summarized his report and recommended approval of Resolution No. R-98-15 with the correction to sheet numbers as stated by Vice Mayor Wininger, and obtaining the City Attorney's opinion on approving access to private streets. City Council/Board inquiry of Applicants, Proponents, Opponents or Staff Mera~r In response to Vice Mayor Wininger, item 8 on the first page of the plan was changed to "City and County Engineers and Public Works Director for City and County"; Steve Moler explained open space calculations were based on the overall total area of the project which includes Collier Creek; Mr. Mechling said he and Steve Melchiori were the principals for Onsite Management Group, Inc. Mrs. Wininger said the second access road should be addressed in the beginning of development and not down the road. 4 ~Special City Council Meeting ~April 15, 1998 Page Five Mrs. Cartwright asked the applicant to reconsider the second permanent access going into the golf course. In response to Vice Mayor Wininger, the City Attorney said ownership of waterways is a complicated legal issue, but St. Johns River Water Management District does have a lot of control in that area. The Director of Community Development read into the record a November 5, 1997 letter from Indian River County Community Development Director, Robert Keating, regarding the professionalism of Onsite Management. Mayor Sullivan closed the public hearing at 8:36 p.m, MOTION by Cartwright/Paul I'll move to approve Resolution 98-15 with the following changes: Section 1, the Preliminary Development Plan for Phase I of Collier Club, the project sheets 1, 2, 4 through 12, and 16 as mended this evening, the addition of a condition 9 that the applicant shall provide one emergency access during the construction phase. The Director of Community Development noted that some of the City Engineer's comments, as stated in her March 11, 1998 memo, were not relevant to this phase; and that condition 4 covers the need for concurrence with those comments by requiring her to approve all construction drawings. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Mayor Sullivan called recess at 8:42 p,m. and reconvened the meeting at 9:55 p.m. All members were present. 5. OTHER MATTERS 98.089 Discussion Relative to Code Enforcement Proposals Including the Placement of Enforcement Officer~ into the Police Department (City Manager Transmittal 4./10/98) The City Manager gave a brief presentation on his proposal to establish two branches of Code Enforcement; building inspection under the Community Development Department, and the main code enforcement activity under the Police Department. He cited the system used by Vero Beach and Indian River County. TAPE II - SIDE I (9:00 p.m.) Special City Council Meeting 15, 1998 ge Six He went on to explain the citation process that could be used by the City in addition to its current procedure; recommended against using a hearing officer but rather continuing with the Code Enforcement Board, and suggested that due to the conflict with the City Attorney representing both the board and the City, he hire legal counsel to represent the City. He noted the Code of Ordinances gives him this authority, however, City Council would have to approve the funding. He said that the Building Official had expressed a desire to oversee building inspections and not deal with regular code enforcement. Chief White said he had offered to take Code Enforcement into his department to make things easier, and said he would agree to whatever was best for the City. He described Vero Beach Code Enforcement Officer Shapiro's duties, noting he is a DARE officer and spends his time 50/50 doing code enforcement and other DARE programs. The Chief said one solution would be to shorten the time it takes to on some of these code violations by issuing citations. The City Clerk was excused at 9:30 p.m. A lengthy discussion took place on the citation process, use of both procedures as set out in Florida Statutes 162, use of a sworn officer vs. a regular employee, the perception of creation of a "police state", II - SIDE II (9:45 p.m.) retaining the use of the Code Enforcement Board, time spent on garage sales, enforcement of weekend violations, the importance of some kind of uniform or identifying clothing and ID, the possibility of a negative impact of using someone affiliated with the Police Department, the importance of encouraging compliance, and providing general guidelines for officers. Joe Generazio, 1058 Barber Street, Sebastian, Chairman of the Code Enforcement Board, said the system isnot working and the proposal to move code enforcement out of Community Development and add the citation procedure makes sense to him. Tut Counelly, 149 Kildare Drive, Sebastian, said there will be no effective code enforcement until upper management is accountable. MOTION by Cartwright/Wininger I move to extend the meeting until 11. VOICE VOTE on the motion carded 4-1 (Paul - nay) Sal Neglia, 461 Georgia Boulevard, Sebastian, suggested that Code Enforcement be a separate office. TAPE III - SIDE I (10:33 p.m.) pecial City Council Meeting pril 15, 1998 Page Seven The options offered to City Council by the City Manager were as follows: Authorize the assignment of code enforcement officers(s) to the Police Department including the appropriate transfer of funds from Community Development Department to the Police Department with clerical support for the code enforcement to come from the Commtmity Development Department; Authorize amendments to the current Code of Ordinances bringing the existing code into compliance with Florida Statutes; Authorize the inclusion of a citation and fine process into the amended code of ordinances; Agree to allow an appropriate funding to retain an outside attorney for the code enforcement board; Determine whether to continue the use of a code enforcement board or to shift to a hearing officer. MOTION by Wininger/Sullivan I move for the Council to follow the recommended action of the City Manager on items 1, 2, 3. VOICE VOTE on the motion failed 1-4 (Sullivan, Cartwright, Neuberger, Paul - nay) MOTION by Paul/Neuberger I make a motion to accept items 2 and 3 for the recommendation by the City Manager. The City Manager explained that he had the authority to hire code enforcement officers, but needed Council approval for funding and amendment to job descriptions. VOICE VOTE on the motion carried 5-0 Discussion took place on code enforcement board vs. hearing officer. The City Manager reiterated that he is authorized by the code to hire legal counsel but would need approval for funding in the next fiscal year, noting there should be sufficient funds for this year. MOTION by Cartwright/Sullivan I move to continue the use of the Code Enforcement Board. VOICE VOTE on the motion carried 5-0 MOTION by Cartwright/Neuberger I move to deny the change to the Police Department, i want to keep it in the Community Development Department. VOICE VOTE on the motion carried 3-2 (Sullivan, Wininger - nay) 7 pecial City Council Meeting pril 15, 1998 Page Eight 6. Being no further business, Mayor Sullivan adjourned the Special Meeting at 10:50 p.m. Approved at the '~/~d ,1998, Regular City Council Meeting. Mayor 8