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Home My WebLink About06171998 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA TELEPHONE (561} 589-5330 c~ FAX (561) AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, JUNE 17, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICb? OF TIIE CiTY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA 98.088 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL QUASI-JUDiCIAL PUBLIC HEARING(S), FINAL ADOPTIQN (Procedures on Back of Agenda) A. Resolution No. R-98-25 - Collier Club PUD - Sandmining Special Use Permit (Planning Transmittal 6/10/98, R-98-25, Application, Staff Report, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ORANTINO A SPECIAL USE PERMIT AND MIN1NO PERMIT TO MR. HAROLD ADAMS FOR A SAND MINE AT THE COLLIER CREEK ESTATES SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN l~rocedures for Qua$ird~f~fj~! p[¢arings as Follows (Itt accordance with R-97o46): Mayor/Presiding O~cer Opens Hearing and Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) If Requested by Affected Parry - Clerk/Secretary Administers Oath to Other Affected Party(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 l/Vitnesses 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 tItrough Mayor or Presiding Officer) Opponents'Presentation - Uniuterrupted 15 Minutes (these are affected parties) Inquiry of Opponents or Opponent's WiOtesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Od~cer) Open#tg 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 AIlowed Except b~ Response to Council/Board Questions Applicant's RebuttaI Presentation - 10 Minules (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask Questions of Applicant or Applicant Wio~esses) Staff Response and Suntmary o 10 Minutes (Response to Applicant, Propone~tts, Opponents or btformational Witnesses - Affected Parties May Request to be Allowed to Pobtt Out Errors of Fact or Ask Questions of Staff or Staff Witnesses) CiO, Council/Board Inquiry of Applicants, Proponents, Oppouents or Slt~Member Close Hearing Upon Completion of Testimony Act Upon Application Persons who desire to make a presentation or present information or comment on att application or item must register with the City Clerk or Board Oiecretary prior to the time in the meetbtg at which such item is to be heard itt accordance with R-97-21. Oneeth~g procedures) Affected Parties are the Applicant, City ,gtaff and Persons Entitled to Notice Under Code or Statut,, A homeowners or property owners association whose members include an affected party shall be granted affected party stalus by the City Council/Board provided the association has been established pursuant to Florida Law. A certificate of good standiugfrom the I;lorida Secretary of State's office and a resolution of the board of the association authoriz#tg said representation shall be filed with the City Clerk's od~ce prior to the entity's request to be granted affected parO, status. Affected Parties May Request Extension of Time from City Couacil/Board attd may object to the #ttroduction of any evidence, whereupon, the presiding officer may rule upon the objection to the admissibility of any evidence. The City Council/Board members may affirnt or overrule the ruling. Persons addressing Council/Board shall identify any educational, occupational or othe, r experience which may be relevant to the matter. Disclosure of ex-parte communication irt land-use matters ia' not required attd such non-disclosure shall not be deemed prejudicial to the decision of the City Council/Board. All decisions of the City Cou~tcil/Board on lattd 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 makhtg body who is not att affectedpar~y may be allowed to testify before the decision making body, may be requested to respond to questions from the decision makb~g body but need not be sworn as a witness and is not be subject to cross-examination and is not required to qualify as att expert witness. The decision ntaking body shall a.~ign weight and credibility to such testimony as it deems appropriate. City of Sebastian 122~ MAIN STREET a SEBASTIAN, FLORIDA 3~9~8 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 17, 1998 FOLLOWING QUASI-JUDICIAL HEARING CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE iNSPECTED IN THE OFFICE OF TIlE CITY CLERIc' - 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: COMPLETION OF ITEMS NOT ADDIL~gSED A T JUNE 1 O, 1998 REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 98.008 98.009 98.036 iTEMS CARRIED FORWARD FROM JUNE ! 0, 19.9~1 3. COMMITTEE MATTERS A. Board of Adjustment interview Applicants and Appoint as Follows: 1. Two Regular Members with Terms to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) B. (~Qde ~nfc~rcement Board Interview Applicants and Appoint as Follows or Direct Clerk to Readvertise: 1. One Regular Member Subcontractor Position - Unexpired Term to Expire2/2000 2. One Regular Member General Contractor Position - Unexpired Term to Expire 6/99 3. One Alternate Member - Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Three Applications, Ad, Member List, Section 2-179 of Code) C. Planning and Zoning Coaun_j~iotl Interview Applicants and Appoint as Follows: 1. One Regular Member with Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) 98.117 OLD BUSINESS Proposed Reorganization of Community Development Department (City Manager Transmittal 5/21/98, Proposed Job Descriptions) NEW BUSINES~ 98.11o A. 98.125 B. First Reading of Revised Ordinance No. O-98-05 - Board Procedures - Schedule Public Hearing for 7/8/98 (City Clerk Transmittal 6/5/98, Revised 0-98-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CiTY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Side Yard Ditch Request by Mr. & Mrs. Lawrence Barton for Lots 17 & 18, Block 65, Unit 2 Sebastian Highlands (City Manager Transmittal 6/4/98, Barton Letter, Survey, Septic Tank Permit) 6. ADJOURN RENY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH R~gPECT TO ANY MATTER CONSIDERED T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THATA VERBATIM CORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLLANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE' WHO NEEDS A SPECIAL ACCOMMODA770N FOR THIS MEETING SHOULD CONTACT TIIE CITY'S ADA COORDINATOR AT $89-5350 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers fi>r all Govetwment Meetings. Regular Meeting. Wednes&ty, dune 24, 1998 (q~ 7pm Regular Meeting - Wednesday, duly 8, 1998 @ 7pm Budget Workshop - Tuesday, July 21, 1998 ~ 7pm Regular Meeting. Wednesday, duly 22, 1998 @ 7pm Budget Workshop (i/needed) - Thursday, July 23, 1998 ~ 7pm Public Forum - Wednesday, duly 29, 1998 (~ 7pm 4 QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, JUNE 17, 1998 98.088 Collier Club Planned Unit Development (PUD-R) - Sandmining Special Use Permit - Resolution No. R-98-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOILtDA, GRANTING A SPECIAL USE PERMIT AND MINING PERMIT TO MR. CHUCK MECHLING FOR A SAND MINE AT THE COLLIER CLUB PUD SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Persons who desire to make a presentation or presenl informalion or contntent on an application or item ntust register with the City Clerk or Board secretary prior to the time in lite meeting at which such item is to be heard itt accordance with 1t-97-21. (meet#tg procedures) ,'~ff¢ct~f[ par~i¢$ are the Applicant, City Staff and Persons Entitled to Notic_.f Ut!~l~ ~.od¢ or Statute. A homeowners' or property owners' associalion whose members include an aff~:¢ted 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 oJ~ce and a resolution of the board of the association authorizing said representation shall be filed with the City Clerk ~ od~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 affi:ctedpartv may be allowed to testify before the decision maIdng body, may be requested to re.~pond to questions from the decision making body but need not be sworn as a witness and is not subject to cross-l:xambtation and is not req,ired to qualiJj~ as att expert witness. The decision makh'tg body shall assign weight and credibility to such testimony its il dt;ems appropriate. Name Address N~zile Address Name Address 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, JUNE 17, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL ~ity Council Present.' Mayor Ruth Sullivan Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul City Council Ab~nl: Vice Mayor Martha Wininger (excused) Stall'Present: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Planner, Tracy Hass City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting ~lune 17, 1998 >age Two 98.088 e QUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) Resolutioll No. R-98-25 - Collier Club PUD - Sandmivirlg Special Usc Permit (Planning Transmittal 6/10/98, R-98-25, Application, Staff Report, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERM1T AND MR,IING PERM1T TO bill CI RJCK MECIILtNG ONSrfE MANAGEMENT GROUP. INC. FOR A SAND MINE AT THE COl JIF. R CLUB PUD SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Williams read Resolution No. R-98-25 by title, and Mayor Sullivan opened the hearing at 7:02 p.m. All affected parties waived administration of an oath by other affected parties. Steve Melchiore, representing Onsite Management, Inc. addressed City Council on the need for a mining permit to allow excavation of lakes to comply with the approved on site stormwater management system and removal of the material from the site; said the work should be done within 90 days; and that the lakes will be approximately eight feet deep. The City Planner said he had contacted Indian River County regarding access onto Roseland Road; said the applicant had requested a waiver of the bonds; and stated, "Staff does not find the mining permit to be detrimental to the public safety, health, or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located and the use requested is consistent with the purpose and intent of the respective zoning district and can be demonstrated to be similar in nature and compatible with uses in the zoning district. With that, the proposed sandmining special use permit is consistent with the land development code, comprehensive plan, code of ordinances; the Planning and Zoning Board has adopted the staff report and recommends approval to the City Council and the staff, as well, would recommend approval of Resolution No. R-98-25 with the following conditions: 1) hours of operation shall be 7 am to 5 pm Monday through Friday; 2) the property to be excavated shall be posted 'no trespassing'; 3) the required compliance and restoration bonds shall be posted; and 4) applicant shall provide permanent project boundary comers with intermediate stakes at a minimum of 300 feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field in accordance with the approved plans for the permit." Mrs. Cartwright disagreed with making Indian River County approval relative to the Roseland Road access a condition of Council's approval, stating notification should be sufficient; and recommended the special use permit be issued to "Onsite Management Group, Inc." rather than "Chuck Mechling" as stated in the revised resolution title. Attorney Williams agreed with that amendment. 2 pecial City Council Meeting une 17, 1998 Page Three Mayor Sullivan asked why there was no reference to the Airport Drive improvement, and the City Manager responded that the issue of Airport Drive East is a separate issue; and will have to be addressed at a later time and brought back to Council. Mr. Patti questioned the necessity for the bonds, and the City Manager said there should be some minimum bond requirement to ensure that restoration is completed, however, suggested that perhaps the bond could be tied to a specific phase scheduled for excavation rather than the entire site. Mr. Melchiore said the area to be cleared is approximately 13 acres; and suggested submitting one combination $13,000 bond for the term of the excavation, and have the City hold it until inspected and approved. Following a brief discussion, City Council concurred. Walter Good, 414 Ponoka Street, Sebastian, affected opponent, objected to the hours of operation. Mayor Sullivan closed the public reformation period. The City Planner again recommended approval with conditions as outlined by Council tonight. Mayor Sullivan closed the public hearing at 7:42 p.m, MOTION by Cartwright/Paul I move to approve Resolution R-98-25 with the amendment to the title, deleting Mr. Chuck Mechling and adding Onsite Management Group, Inc. and condition number 3 adding the words for 13 acres at the end of that sentence so it would read "The required compliance and restoration bond shall be posted based on 13 acres." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent MOTION CARRIED 4-0 5. n~/g no_ further business, Mayor Sullivan adjourned the Special Meeting at 7:43 p.m. Approved at the~ °~ ,1998, Regular City Council Meeting. Katlu3m M.00'Halloran, CMC/AAE Clerk Ruth Sullivan Mayor City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589~5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 17, 1998 FOLLOWING QUASi-JUDICIAL HEARING CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: COMPLETION OF ITEMS NOT ADDRESSED AT JUNE 10, 1998REGULAR MEETING Mayor Sullivan called the Special Meeting to order at 7:44 p.m. RDLL CALL City Council present; Mayor Ruth Sullivan Mrs. Louise Cartwfight Mr. Chuck Neuberger Mr. Larry Paul City Council Absent: Vice Mayor Martha Wininger (excused) ~affPrescnt: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting June 17, 1998 Page Two MOTION by Cartwright/Paul I move to modify the agenda to move up item 5B to fight at%r 3C. VOICE VOTE carried 4-0. TAPE I - SIDE II (7:47 p.m.) ITEMS CARRIED FORWARD FROM JUNE 10.1998 3. COMMITTEE MATTERS 98.008 Board of Adjustment Interview Applicants and Appoint as Follows: 1. Two Regular Members with Terms to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) City Council interviewed Ronald DeVito. Mr. Nicolini was unable to attend. MOTION by Paul/Neuberger I move that we reappoint Ronald DeVito and Louis Nicolini. VOICE VOTE on the motion carried 4-0. ~-95198.0o9 Code l~nforcement Board Interview Applicants and Appoint as Follows or Direct Clerk to Readvertise: 1. One Regular Member Subcontractor Position - Unexpired Term to Expire2/2000 2. One Regular Member General Contractor Position - Unexpired Term to Expire 6/99 3. One Alternate Member - Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Three Applications, Ad, Member List, Section 2-179 of Code) In response to Mayor Sullivan, the City Clerk said Florida Statutes states that if you don't have people in those professions you may choose another person to replace them. City Council interviewed Alan Schofield, 734 Rose Avenue, Sebastian; and Donna Merrit, 754 Martin Avenue, Sebastian. Mr. Cavallo was unable to attend. MOTION by Sullivan/Cartwfight I would move the appointment of Alan Schofield to the regular member with a term to expire 2/2000. VOICE VOTE on the motion carried 4-0. MOTION by Cartwright/Sullivan I move to appoint Mr. Cavallo to the regular member position unexpired term to expired 6/99. VOICE VOTE on the motion carded 4-0. 2 pSpeeial City Council Meeting une 17, 1998 age Three MOTION by Cartwright/Paul I move to appoint Ms. Men-iR to the alternate member position term to expire 6/2001. VOICE VOTE on the motion carried 4-0. 98.036 Planning and ZPJliag C9lnmission Interview Applicants and Appoint as Follows: 1. One Regular Member with Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) City Council interviewed Joseph Schulke. Ms. Kuveikis was not able to attend. MOTION by Sullivan/Paul I would move the appoinment of Joe Schulke for the regular term to expire 6/2001. Mayor Sullivan publicly commended Mr. Schulke for his work on Planning and Zoning. VOICE VOTE on the motion carried 4-0. Mayor Sullivan recognized Veto Beach City Councilmember Art Neuberger and his wife in the audience. Side Yard Ditch Request by Mr, & Mr~, Lawrence Barton for Lots 17 & 18, Block 6;5, Unil2 $~bastian Highlands (City Manager Transmittal 6/4/98, Barton Letter, Survey, Septic Tank The City Manager gave a brief presentation on the matter (see attached). Lawrence Barton, 656 Vocelle Avenue, Sebastian, sought City Council assistance on the 350 Main Street property on which he is currently contructing a house. A rather lengthy discussion followed on the length of time this pipe has been in place, the question of responsibility for financing, a cost estimate submitted by the City Manager which suggested that approximately $12,500 would be the property owners' responsibility, and a suggestion by the City Manager that din stockpiled by the City from other City culvert projects be offered. TAPE II - SIDE I (8:37 p.m.) MOTION by Cartwright/Sullivan I move that Council authorize statTto proceed with the negotiation for this project not to exceed $12,000 and to cover the existing pipe under the road and necessary expenditures for that project and to include the appropriation of funds from the capital projects budget. oSpecial City Council Meeting June 17, 1998 Page Four ROLL CALL: Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul aye absent aye aye aye MOTION CARRIED 4-0 The City Manager said, "what I heard the Council say is that you're authorizing $12,000 towards this project, if we can find a way to fund the rest of the project through, I would believe private contributions, including the provision of providing fill ~om the City fill that we have." Mayor Sullivan called recess at 8:52 p.m. and reconvened the meeting at 9:10 p.m. All members were present. 4. OLD BUSINES~t 98.117 A. Proposed Reorganizatioll. o..f 12ommunity Development Depamnent (City Manager Trllll~mittal 5/21/98. Proposed Job Descriptiotl~ The City Manager reiterated his proposal to divide the department into a planning and code enforcement department; and a building department; reserved the right to add an additional planner in the future if needed; and said it had been suggested by Les Solin that references to "Community Development Director" in previously adopted ordinances not yet codified can be changed to "administrative official as appointed by the City Manager." It was the consensus of Council to call the departments "Building Department" and "Growth Management Department". The City Manager said he would bring back the job descriptions revised for final adoption. s. ~W BUS~N~SS 98.110 A. First Reading of ReYised Ordinance No. O-98-05 - Board Procedures - Schedl~_P~lblic Hearing for 7/$/98 (City Clerk Transmittal 6/5/98, Revis~fl Q-9~-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROViDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROViDING FOR AN EFFECTIVE DATE. The City Attorney mad revised Ordinance No. O-98-05 by title. 4 Special City Council Meeting June 17, 1998 tge Five MOTION by Paul/Neuberger I move to approve the fa'st reading of Ordinance O-98-05 and schedule the second reading and public hearing for July 8, 1998. ROLL CALL: Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 6. Being no further business, Mayor Sullivan adjourned the Special Meeting at 9:30 p.m. Approve~at t~~ K;~thryn~Vl. O'Halloran, CMC/AAE City Clerk ,1998, Regular City Council Meeting. Ruth Sullivan Mayor 5