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HomeMy WebLinkAbout09-13-2017 CC Minutes/CRASERASTLAN HOME OF PELICAN ISLAND SEBASTIAN CIN COUNCIL REGULAR & COMMUNITY REDEVELOPMENT MEETING MINUTES WEDNESDAY, SEPTEMBER 13, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen City Staff Present: City Manager Joe Griffin Interim City Attorney Cynthia Hall City Clerk Jeanette Williams Administrative Services Director Ken Killgore Procurement Manager Randy Moyer Airport Director Scott Baker Community Development Manager Dorri Bosworth Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to Mayor McPartlan's request to pull item 9C of the consent agenda. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.137 A. Proclamation — Hunger Awareness Month — Seotember 2017 — Accepted by Triana Romero, Sherry Sieofield. Sydney Wolaver, Treasure Coast Community Food Bank Mayor McPartlan read and presented the proclamation to Triana Romero, Sherry Siegfield, and Sydney Wolaver. 17.138 B. Proclamation — Constitution Week — September 17 — 23, 2017 — Accepted by Holly Hamilton, Daughters and Children of the American Revolution Mayor McPartlan read and presented the proclamation to Holly Hamilton. Regular City Council & CRA Meeting September 13, 2017 Page Two 17.139 C. Proclamation — Inflammatory Breast Cancer Awareness Month — October 2017 — Accepted by Holly Hamilton Mayor McPartlan read and presented the proclamation to Holly Hamilton who invited everyone to the Hunt for Hope on September 300 at 2:00 p.m. in Riverview Park. 17.140 D. Proclamation — School Attendance Awareness Month — September 2017 — Accepted by Dr. Lillian Torres -Martinez. School District of Indian River Countv Mayor McPartlan read the proclamation and stated the importance of school attendance. Brief Announcements Mayor McPartlan stated the City Manager, the Public Works Department, Airport Manager, Chief of Police and Officers; along with the Electronic Records Manager, did a phenomenal job with preparing for Hurricane Irma. The City Manager reported that debris clearing started earlier in the day and would continue through the weekend. He said there will be one more pickup in 2-3 weeks and that will be the last one. He also reported power restoration was improving along Indian River Drive; and FPL was no longer accepting specific restoration requests. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aaencv A. Mayor McPartlan called the CRA meeting to order at 6:20 p.m. B. MOTION by Vice Chairperson Coy and SECOND by Mr. Dodd to approve the August 23, 2017 CRA meeting minutes. ROLL CALL: Vice Chairperson Coy—Aye Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Chairman McPartlan - Aye Motion carried 5-0. C. Facade. Sian & Landscape Proaram i. Approve Revised Application (Transmittal. Revised Aoplication) The Community Development Manager said changes were made based on Agency's discussion at the last meeting and staff recommended approval. The City Manager explained during the budget process, the program would be capped at $40K as a starting point, leaving $25K in the current budget line if the Senior Resources Association grant was awarded. Mr. Hill asked that the remaining $25K be reflected in the FY17/18 budget. Regular City Council & CRA Meeting September 13, 2017 Page Three ROLL CALL: Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan — Aye Vice Chairperson Coy — Aye Motion carried 5-0. ii. Aoorove Grant Award — 815 Davis Street — Senior Resource Association (Summary. Aoolication) The Community Development Manager described the improvements the Association planned to make with funding and announced Karen Deigl, Executive Director, was available to answer any questions. She recommended approval. MOTION by Ms. Kinchen and Mr. Hill to approve a Fagade, Sign & Landscape award to the Senior Resource Association. ROLL CALL: Mr. Hill — Aye Ms. Kinchen —Aye Chairman McPartlan —Aye Vice Chairperson Coy—Aye Mr. Dodd — Aye Motion carried 5-0. D. Chairman McPartlan adjourned the CRA meeting at 6:27 p.m. 8. Adiourn Communitv Redevelopment Aciencv Meetino and Reconvene as Citv Council Mayor McPartlan reconvened the Regular City Council meeting at 6:27 p.m. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — August 23, 2017 Regular City Council Meeting 17.141 B. Approve Road Closure and Use of Mobile Stage for Sebastian Police Department's Community Night Out on October 3, 2017 (Transmittal, Application, List, Schematic) 17.142 C. Approve Park Event and Use of Mobile Stage for American Legion Post 189 Veterans Day Remembrance Event on November 11, 2017 from 11 a.m. to 8 p.m. (Transmittal, Letter, Applications, Agreement) 17.143 D. Approve Sebastian River Middle School's I.B. Program 5K Cowboy Run at the Sebastian Municipal Golf Course on November 11, 2017 from 7:30 a.m. to 9:30 a.m. (Transmittal, Application, Receipt, Route) Under agenda modifications, Mayor McPartlan requested to pull item C. MOTION by Vice Mayor Coy and SECOND by Mr. Hill to approve consent agenda items A, B, and D. Regular City Council & CRA Meeting September 13, 2017 Page Four ROLL CALL: Motion carried 5-0. Ms. Kinchen —Aye Vice Mayor Coy — Aye Mr. Hill —Aye Mayor McPartlan — Aye Mr. Dodd —Aye Item C Mayor McPartlan noted the recent code change to only allow alcoholic beverages in the park for City sponsored events and the American Legion's event was not considered such an event. The City Manager apologized for prematurely placing this on the agenda without much thought to their alcohol request and the overtime wages that would be needed. He recommended Council not approve the American Legion's request. Mayor McPartlan said he would be willing to consider it if there was a better plan for security. Vice Mayor Coy noted the event was not discussed with other Veterans' Posts and recommended agendizing these type of requests for full discussion. MOTION by Vice Mayor Coy and SECOND by Mr. Hill to deny the American Legion's application to hold a Veterans Day Remembrance Event at Riverview Park. Mr. Hill said they could ask Council to become a City sponsored event that would allow them to meet our code. Vice Mayor Coy noted the VFW Post is sponsoring the Veterans' Day Ceremony this year. Mr. Dodd asked if this might come back to Council for consideration, noting if they disapproved this, the request can't be brought back. The Interim City Attorney advised that anyone who votes against the motion can bring it back for consideration. Vice Mayor Coy said she would reconsider the event if they devise a plan. ROLL CALL: Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd — Nay Mr. Hill — Aye Ms. Kinchen — Nay Motion carried 3-2. 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 17.042 A. Natural Resources Board (Transmittal, Applications, Ad, List) L Interview. Unless Waived. Submit Nominations for Two Reoular Positions — Terms to Exoire 7/2020 The City Clerk stated applicants Brian O'Neill and Charles Stadelman were available for interviewing. Regular City Council & CRA Meeting September 13, 2017 Page Five MOTION by Ms. Kinchen and SECOND by Mr. Dodd to approve Mr. O'Neill and Mr. Stadelman to the two vacancies on the Natural Resources Board passed with a unanimous voice vote. Indian River Countv TDLCB Mayor McPartlan stated in his role for the Department of Children & Families, he is also a member of the Transportation Disadvantaged Local Community Board who recognized Rosemary Millar as the Senior Resource Association's Drive of the Year. He described Ms. Millar's exemplary driving record and customer service which attracts clients for life. He also said the Indian River County's Transportation Disadvantaged Local Board was also recognized for being the Outstanding Transportation Disadvantaged Board in the State of Florida. He thanked Karen Deigl and described how the Senior Resources Association's Go -Line and Community Coach's contribution makes the board such a positive success. Ms. Deigl thanked the Mayor for his service and recognition of the employees. 11. QUASI-JUDICIAL PUBLIC HEARINGS 17.144 A. Resolution No. R-17-25 — Preliminary Plat for a Proposed Commercial Subdivision Known as Sebastian Medical Suites (Transmittal. R-17-25, Preliminary Plat. Staff Report. AoDlication) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A PROPOSED COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN MEDICAL SUITES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McPartlan opened the public hearing at 6:44 p.m. The City Attorney read the title of Resolution No. R-17-25. The Community Development Manager said the applicant has asked for the public hearing to be postponed until the next meeting, September 27, 2017. MOTION by Mayor McPartlan to postpone the public hearing. The Interim City Attorney advised the motion would need to be postponed or continued to a particular date, it would have a second; it could be discussed and would require a majority vote. SECOND by Mr. Hill to postpone the public hearing. Vice Mayor Coy advised she is prepared to approve the preliminary plat. The Interim City Attorney advised Council could, but the decision should be made on evidence as presented and they may want to address the applicant. The Community Development Manager added that she thought the applicant would prefer to be present. There was no public input. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Motion carried 5-0. Regular City Council & CRA Meeting September 13, 2017 Page Six 17.145 B. Resolution No. R-17-26 — Reaardina a Special Exception to Section 54-2-5.3.1(b) of the Land Development Code to Allow Warehousina and an Auction House within the Commercial -512 (C-512) Zonina District, SDecifically for a Propertv Located at 971 Sebastian Boulevard (Transmittal, R-17-26. Staff Report. Policv. Photos, P & Z Minutes. Letter, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR WAREHOUSING AND AN AUCTION HOUSE AS A PERMITTED USE WITHIN THE C-512 ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 971 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The Interim City Attorney read the title of Resolution No. R-17-26 and Mayor McPartlan opened the public hearing at 6:48 p.m. There was no ex parte communication to be disclosed by the Council Members. The City Clerk swore in those who were to provide testimony. Bill Polly, 833 Barber Street, said he was seeking approval to have an auction house at the proposed location. He noted that he does not have parking agreements from all of the neighboring businesses and asked the Community Development Manager if he could do anything in light of receiving the agreements. The Community Development Manager said that would be decided by City Council. The Community Development Manager described the applicant's plan to hold monthly auctions; she noted the warehousing is not a permitted use in the CR512 overlay so Mr. Polly is requesting a special exception. She said a normal retail establishment would require 18 parking spaces but with assembly use, he would need additional parking based on the amount of seats. She said the Planning and Zoning Commission voted 5-2 to give the auction house a try if Mr. Polly complied with the conditions she cited on page 118 of the agenda packet; and, noted City Council should agree with the findings of fact on page 117 of the agenda packet if they decided to approve the request. Staff recommended approval with the listed conditions. The Community Development Manager said this would be considered warehousing for 29 days with one day a month considered as assembly use; therefore one space would be needed for every three patrons; there are 45 spaces available; Mr. Polly has 18 spaces. She noted Mr. Polly would be using the other businesses' spots when they aren't open. Mr. Dodd cautioned that businesses in the nearby buildings are not going to give permission to use their parking spaces. The Community Development Manager noted the businesses would be closed during the auction and could charge or have an agreement with Mr. Polly outside of the City's regulation. Mr. Dodd suggested busing people from another location to the auction might be a plan. The Community Development Director advised the code does allow for a shared parking agreement condition, as long as half of the parking spaces aren't used, they are within 500 ft. and people won't have to cross major roadways. Mr. Dodd said the outlined conditions do not show how the applicant plans to make up for the parking shortage; approval would mean the approval of a parking problem; he could not support the request. Regular City Council & CRA Meeting September 13, 2017 Page Seven Mr. Hill said he agreed with Mr. Dodd; he has nothing against the auction house but this is the type of business the overlay charrette was trying to avoid. He said the wording, "second hand goods, flea market" prohibits this type of business; parking is a major issue and he could not support this knowing every time the business is open there will be an issue. He also said the resolution does not specify there will only be one auction a month. The Community Development Manager said that staff struggled with this request trying to be business friendly and she was glad it went through the process. Vice Mayor Coy said she agreed with Mr. Dodd and Mr. Hill; she asked how the City could mandate that the auction house only operate on the weekend. The Community Development Manager said that is why it wasn't added to the resolution. Vice Mayor Coy said it was a great idea, but not at that location. Mr. Dodd said the issue is parking and asked the applicant if he planned to alleviate that. Mr. Polly said he has agreements with the Martial Arts Studio, Lux Hair Salon and Boost Mobile Phone businesses to use their parking spaces. The Community Development Director said the agreements acknowledge the auction house would be there but not that they are giving up their parking spaces. Mr. Polly said the agreements have signature lines for the auction house to use their spaces and didn't plan to compete with their business hours. Frank LaFasa, owner of the 971 Sebastian Blvd. Plaza, offered to put a stipulation that auctions could only be held once or twice a month in Mr. Polly's lease. Vice Mayor Coy said this would be creating a burden for the current tenants. There was no one from the public that spoke in favor or opposition to Mr. Polly's request. Mr. Polly said he is a business owner and has been a resident since 1999; he would like to make the City better; and asked not to be denied for something that might not be a problem. The Community Development Manager summarized by saying if Council were to approve Mr. Polly's request their motion would include the outlined conditions as well as any additional conditions they deem necessary. MOTION by Mr. Hill and SECOND by Vice Mayor Coy to deny the special exception request. ROLL CALL: Motion carried 4-1 Mr. Dodd —Aye Ms. Kinchen — Nay Vice Mayor Coy — Aye Mr. Hill — Aye Mayor McPartlan — Aye Regular City Council & CRA Meeting September 13, 2017 Page Eight 17.136 17.136 12. UNFINISHED BUSINESS A. Consider Interim Citv Attornev Agreement with Cvnthia V. Hall, VanDeVoorde Hall Law. PL (Transmittal. Agreement) The City Manager recommended approval of the agreement with Ms. Hall. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the Interim City Attorney agreement with Cynthia V. Hall. ROLL CALL: Mr. Hill —Aye Ms. Kinchen — Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Motion carried 5-0. B. Authorize Citv Attornev Recruitment Announcement (Transmittal. Announcement) The City Manager recommended approval of the recruitment announcement. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the City Attorney Recruitment Announcement. The City Manager said the announcement would be sent to various organizations such as the Florida Municipal Attorney Association, the Florida Bar News; and once applications are received, they would be forwarded to Council for review. Mr. Dodd suggested each Council Member pick their top five candidates and then combine those for consideration as a whole. The City Manager stated he would receive applications until October 31. ROLL CALL: Motion carried 5-0. Ms. Kinchen —Aye Vice Mayor Coy — Aye Mr. Hill — Aye Mayor McPartlan — Aye Mr. Dodd —Aye 17.031 C. Aoorove Mutual Rescission and Release of Sebastian Municioal's Golf Course Restaurant Concession Lease with DTF. Inc. (Transmittal. Agreement) The City Manager said DTF, Inc. has notified him that they would like to vacate the restaurant at the earliest possible time and he recommended approval of the mutual rescission and release. MOTION by Mr. Dodd and SECOND by Mr. Hill to approve the mutual rescission and lease. ROLL CALL: Motion carried 5-0. Mayor McPartlan — Aye Mr. Dodd —Aye Ms. Kinchen —Aye Vice Mayor Coy—Aye Mr. Hill —Aye Regular City Council R CRA Meeting September 13, 2017 Page Nine 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Brian O'Neill who was appointed to the Natural Resources Board earlier in the meeting, introduced himself. 14. NEW BUSINESS - None 15. INTERIM CITY ATTORNEY MATTERS The Interim City Attorney advised that the Value Adjustment Board has extended their deadline for accepting bills. 16. CITY MANAGER MATTERS The City Manager advised Waste Management should be back on their regular schedule; however, recycling is on hold until further notice. He thanked all the City employees for their Hurricane Irma preparation and clean-up efforts. He asked that the City of Sebastian Declaration of Local State of Emergency for Hurricane Irma be closed after the meeting. There was no objection from City Council. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill said he received a report from a resident that there is a downed powerline at 674 Dot Circle. B. Council Member Kinchen Ms. Kinchen thanked the City Manager, staff and the Police Department for their excellent job during the hurricane. C. Mavor McPartlan Mayor McPartlan thanked the City Manager and reminded those without power to have patience. D. Vice Mavor Cov Vice Mayor Coy reminded residents not to put out healthy trees for the City to pick up as they are picking up the storm debris. 9 Regular City Council & CRA Meeting September 13, 2017 Page Ten She asked the City Manager and Mayor to speak to the MPO about the flooding that occurs on CR512 during tropical storms since it is the City's evacuation route. E. Council Member Dodd Mr. Dodd welcomed the Interim City Attorney. He thanked the City Manager for the e-mail updates during Hurricane Irma. 19. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:35 p.m. Approved at the September 27 2017 Regular City Council meeting. Mayor Bob McPartlan ATTEST' 4I� w Jrf nette_Wlllidlris, MMC _- City Clerk 10