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Home My WebLink About07151998 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, JULY 15, 1998 FOLLOWING SPECIAL MEETING CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of CiO/Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 98.089 A. Code Enforcement Procedures (Backup Forthcoming) 5. ADJOURN ,4NY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED ,4 RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT ,4 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TEST1MONY AND EVIDENCE UPON WHICH THE ~4PPF~4L IS TO BE HE/IRD. (286.0105 F.S.) IN COMPLL4NCE WiTH THE AMERICANS WITH DISABILITIES ACT (AJDA), ANYONE WHO NEEDS,4 SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330,4 T LEAST 48 HOURS IN ADV,4NCE OF THIS MEETING. Hearing ~4ssistance Headphones are Available in Council Chambers for ali Government Meetings. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589~5570 AGENDA SEBASTIAN CITY COUNCIL 98.143 SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, JULY 15, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS ! 225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 4. QUASI-JUDICIAL pUBLIC HEARII~G{S), FINAL ADQPTION (Procedures on Back of Agenda) A. l~esolution No. R-915-29 - Southfork Slll~[i¥ision Preliminary Plat (Growth Monagement Transmilttll 7/6/98, R-98-29, Al~l~lication, Staff Rei~ort. Location Map, Plat Under Separoto Cover) A RESOLIYrlON OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLOR]DA, APPROVING THE PRELIMINARY PLAT FOR A SUBDMSION KNOWN AS SOUTHFORK; A REPLAT OF A PORTION OF THE SEBASTIAN HIGHLANDS UNIT 16 AND 17; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 98.144 B. Resolution NQ, R-98-28 - Permit a0.d Certificate of Public COnvenience and Nece~ty (City Clerk Transmittal 7/9/98, R-98-28 W/Rates Attacked. Application, Insurall~:e. Chapter 106) A RESOLLrrION OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIHCATE OF PUBLIC CONVENIENCE AND NECESSITY TO PALM BEACH TRANSPORTATION D/B/A YELLOW CAB OF THE TREASURE COAST; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF Tt.IE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDINO FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PAR TS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ANY PERSON WItO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED {~T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE TttAT A VERBATIM ~ ~I~ECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH 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. Procedures for Qgasi~Judicial Hearings qs ~ollow_s fin accordqt~Cf with~-97-46) : Mayor/PreMding O~icer Opens Hearing and Outlines Rules Ci~v Attorney reads Ordinance or Resolution (if Applicable) If Requested by Affected Party - 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 Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Offcer) 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 O2~cer) 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 Council/Board Questions Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or Staff May 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) City Council/Board Inquiry of Applicants, Proponents, Opponents or Staff Member Close Hearing Upon Completion of Testimony Act Upon Application 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 Statut,, A homeowners or property owners association whose metnbers 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 offce and a resolution of the board of the association authorizing suid representation shah be filed with the City Clerk's office prior to the entity's request to be granted affected party status. Affected Parties May Request Extension of Time from City 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 City Council/Board members may affrm or overrule the ruling. Persons addressing Council/Board shah 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 City Council/Board. AH decisions of the City 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 affectedparty may be allowed to testify before the decision maldng body, may be requested to respond to questions from the decision making 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 credibility to such testimony as it deems appropriate. 98.143 QUASI-JUDICIAL HEARiNG PUBLIC HEARiNG SIGN-UP SHEET JULY 15, 1998 SPECIAL MEETING Resolution No. R-98-29 - $0uthfork Subdivision Preliminary Plat (Growth Management Transmittal 7/6/98, R-98-29. Application. S. lllff g~po~, LOcation Map. Plat Under S~arate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDMSION KNOWN AS SOUTHFORK; A REPLAT OF A PORTION OF THE SEBASTIAN HIGHLANDS UNIT 16 ADN 17; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address Name OAddress Na/lle Address N~Tle Address N~lle Address 98.144 QUASI-JUDICIAL HEARING PUBLIC HEARING SIGN-UP SHEET JULY 15, 1998 SPECIAL MEETING Rq~lution No. R-98-~ -Permit and C~:~lifieat~ of Public C90veni~nee and Neees,ily (City Clerk Tr~nsmitl~ 7/9/98. R-98-28 W/gates Attached. Application. Insurance. Ch~ltter 106) A RESOLUTION OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTINO A CERTIFICATE OF PUBLIC CONVENIENCE AND lqECESSITY TO PALM BEACH TRANSPORTATION D/B/A YELLOW CAB OF THE TREASURE COAST; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. lqame Ad&ess .....- <- ~ --, ~, ,,. --~ , -, ~, ........ .' . ........... L :..L ..;:~ .... ~_ >._ .... ~..' /.: .- , :"-:: £ 3':, 5...2~ ~. ?._ ',-.',_~_..~ ., ~,. :__ .>,,__ :', :, ,., 'L ..... ~, ~_: .~.:: ", :_ 2: z Ad&ess Natile Ad&ess Nallle Ad&ess Name 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, JULY 15, 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. ]~OLL CAI~I~ City Council Present; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Pr¢~$nt: City Manager, Thomas Frame Acting City Attorney, Tim Willian~s City Clerk, Kathryu O'Halloran Growth Management Director, Traey Hass Chief of Police, Randy White Administrative Assistant, Linda Galley .~SulyPeeial City Council Meeting 15, 1998 Page Two e QUASI-JUDICIAL P~LIC HEARING(S). FINAL Psi)OPTION (Procedures on Back of Agenda) 98.143 Resolution No. R-98-29 - :~outhfork Subdivision Preliminory Plat (Growth Management Transmittal 716/98.1¥98-29, Application, Staff Red)or~, Location Map, Plat Under Separate A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SLIBDMSION KNOWN AS SOUTHFORK; A REPLAT OF A PORTION OF THE SEBASTIAN HIGHLANDS UNIT 16 AND 17; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Williams read Resolution No. R-98-29 by title only, and Mayor Sullivan opened the hearing at 7:02 p.m. There was no swearing in of any affected parties. John King, Realty King, representing Adams and Associates, briefly outlined plans for the 32 acre subdivision. He requested clarification on item number 3 relative to placement of sidewalks, recommending "four foot wide sidewalks shall be constructed on the east side of South Easy Streef'; and, in item number 5 recommended that if construction is being done within 25 feet of a waterway, the silt screen will be installed. Following discussion on the silt screen requirement, the Acting City Attorney suggested "When any subdivision construction or land clearing occurs within 25 feet of a waterway or outfall ditch, a silt screen shall be erected between such construction or land clearing and the waterway or outfall ditch." This language was added as number 5. Discussion took place on the lots within the subdivision not owned by the developer, a request for assurance that there be no cleating from a property line to the water for individual lots, requiting contractors to clean up debris after construction. The Growth Management Director gave a brief presentation, said he had no negative comments from Indian River County relative to proximity to scrub jay habitat, and stated "the submitted plat is consistent with the land development code, comprehensive plan and the code of ordinances and the planning and zoning commission did recommend approval with some conditions." He went on to state, "Staff does recommend approval of Southfork Subdivision with the following conditions, 1) the drainage and maintenance of stormwater tract A shall remain the responsibility of the developer or dedicated homeowners' association, 2) Applicant shall obtain and provide the City with an approved St. John's permit. Any changes to the submitted permit shall also be approved by the City Engineer; 3) Concerning the sidewalks, as amended earlier this evening by the Council; 4) No construction shall be permitted until a subdivision construction permit has been issued by the City Engineer; 5) Also as amended earlier this evening concerning the silt screen; 6) Construction of Phase I shall begin within eighteen (18) months from date of issuance of construction permits by the City Engineer. :Phase Ii shall begin within eighteen (18) months of completion of phase I. Phase III shall begin within eighteen (18) months of completion of Phase II." 2 Special City Council Meeting y 15, 1998 Page Three There being no other input, Mayor Sullivan closed the hearing at 7:35 p.m. MOTION by Cartwright/Neuberger I move to approve Resolution 98-29 with amendment to section one number three, the word "standard" is eliminated, and the section one number five, with the Attorney's recommended language. ROLL CALL: Mrs. Canwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 ResolutiOn No. R-98-2~ - permit and Certificate of Pu.blj¢ Convenience and Necessity {Cjly Clerk Transmittal 7/9/98, R-98-28 w/Rates Alta~hed, Application, Insurance. ~hapter 106) A RESOLLrrION OF ~ CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, ORANTINO A CERTiFiCATE OF PUBLIC CONVENIENCE AND NECESSITY TO PALM BEACH TRANSPORTATION D/B/A YELLOW CAB OF THE TREASURE COAST; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Clerk read Resolution No. R-98-28 by title, and Mayor Sullivan opened the public heating at 7:37 p.m. It was noted that this was a non-land use quasi-judicial heating. The City Attorney said because this is a cab company, anyone in the City should be considered affected parties. The City Clerk swore in all those who intended to offer testimony. Mr. Paul disclosed that he had verified that Dan Michaels was notified that there would be a hearing. Mrs. Cartwright said she spoke to Linda Galley of the City Clerk's office and asked that she provide information relative to granting licenses to other companies for precedence setting. Gerfi Kranik, Palm Beach Transportation, gave a brief presentation on the application for permit and certificate of public convenience and necessity. Mrs. Cartwfight asked that she provide a list of company officers and their addresses to the City Clerk. Special City Council Meeting July 15, 1998 Page Four TAPE I - SIDE ii (7:47 p.m.) The City Manager said the ordinance is inadequate and will require amendment, and noted the City currently has no one in the Police Department with expertise to inspect vehicles as required by the code. He suggested an ASE certified mechanic do the inspection. Phil Mitchell, representing Sebastian Yellow Cab and Indian River Yellow Cab, opposed the resolution based on public confusion over the name Yellow Cab and the length of time the other two cab companies have been operating in the area. Dan Michael, Sebastian and Indian River Yellow Cab, said there is no franchise for the name Yellow Cab, and objected to the need for additional cab companies in Sebastian. In response to Mrs. Wininger, he said he did not have handicapped equipped vehicles. Ms. Kranik again addressed Council requesting approval. The City Manager restated that the ordinance was grossly inadequate and recommended future amendments. In response to Mr. Neuberger, the City Attorney said there is no provision for temporary permits, however, if the code was amended, Council would not be precluded from imposing new, more stringent regulations on existing permittees. It was decided that the inspection requirement will be inserted into section 2. Being no further input, Mayor Sullivan closed the public hearing at 8:17 p.m. MOTION by Cartwright/Sullivan I move to approve Resolution 98-28 with the amendment to section 2 for the inspection requirement. In response to Mr. Neuberger, Mrs. Cartwright read the amendment, "subject to the company obtaining a letter certifying the acceptable condition of the vehicles by an ASE certified mechanic." ROLL CALL: Mr. Neuberger - nay Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 3-2 (Neuberger, Paul - nay) 4 Q Sp~ial City Council Meeting July 15, 1998 Page Five MOTION by Wininger/Cartwright i would like to move to direct the City Attorney to review and amend Code of Ordinances Chapter 106. VOICE VOTE on the motion carried 5-0. Being no further business, Mayor Sullivan adjourned the Special Meeting at 8:20 p.m. Approved at the ,1998, Regular City Council Meeting. City Clerk Ruth Sullivan Mayor City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JULY 15, 1998 - 8:35 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA 98.089 Mayor Sullivan called the workshop to order at 8:35 p.m. The Pledge of Allegiance was previously recited at the Special Meeting. ROLL CALL ~i~ Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Pj'esent: City Manager, Thomas Frame Acting City Attorney, Tim Williams Code Enforcement Attorney, Kevin MacWilliam City Clerk, Kathryn O'Halloran Administrative Assistant, Linda Galley WORKSHOP ITF~MS A. ~(xle Enforcement Procedures The City Manager introduced Kevin MacWilliam, the temporary Code Enforcement attorney, reviewed the draft ordinance he had distributed this evening, and responded to questions from Council about the citation process. It was decided to make a determination at the next meeting whether or not, following Council review, this item needed another workshop or could be scheduled for hearing. 2ity Council Workshop 15, 1998 Page Two The City Manager said a resolution will also have to be brought back setting out a schedule of penalties for violations, but suggested the ordinance be adopted first. Discussion took place on the ordinance which amended legal representation of the Code Enforcement Board and City relative to code enforcement cases, and whether the section needed amendment. Mayor Sullivan noted that section conflicts with the Charter. The City Manager said he would review it and report back. The City Manager said he would bring this item back to the next council meeting and determine whether another workshop is needed or whether the ordinance can be scheduled for first reading. The City Manager requested comments from Council on guidelines for the Budget Advisory Committee to follow on their behalf. Mrs. Cartwright - review budget to be sure it was within guidelines and presented to them in an understanding manner and that all of their questions are answered and justified Mr. Neuberger - oversee, look at budget and advise Council on areas that they think need to be looked at or scrutinized or need a little more explanation or definition The City Clerk said that Council should use caution not to be "polled" by committee members speaking individually with members of Council. Mayor Sullivan said she checked with the City Attorney who told her the Charter does supersede a local ordinance. Mayor Sullivan said the committee last year did a good job and they would report directly to the City Council. Attorney Williams agreed that Council members be careful not to use Budget Advisory Committee members inadvertently as a conduit to other Council members' opinions, Vice Mayor Wininger noted that Council had previously decided when the Committee will report to Council; and said she was looking for the Committee to tell Council what is lacking in the budget and what Council should be looking for. Mr. Paul - a group of citizens developing a budget that is going to enhance the city's growth by allowing certain monies to be either expended or to be retrieved so the tax base can be worked accordingly. Mayor Sullivan reiterated that she had "just spoken to the City Attorney and he said that the Charter does supersede local ordinances and so it would be that provision that empowers a City Manager to hire a City Attorney would not stand up." 2 7 Council Workshop July 17, 1998 Page Three 5. Being no further business, Mayor Sullivan adjourned the workshop at 9:20 p.m. Approved at the ,1998, Regular City Council Meeting. City Clerk Ruth Sullivan Mayor 3