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HomeMy WebLinkAbout03-14-2018 CC Minutes w CRAONCE SEBAST�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, MARCH 14, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the regular meeting to order at 6:00 p.m. 2. Father Dave Newhart of St. Elizabeth's Episcopal Church gave the invocation. 3. Vice Mayor Kinchen led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present City Manager Joe Griffin City Attorney James Stokes City Clerk Jeanette Williams Community Development Director Lisa Frazier Building Official Wayne Eseltine Airport Director Scott Baker Administrative Services Director Ken Killgore Procurement Manager Randy Moyer Police Chief Michelle Morris 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to Mayor Hill's request to add a Work Authorization for Consultant Services Utilizing the Sebastian Inlet District Cooperative Agreement for Shoreline Improvements at the Working Water as Item #gH of the Consent Agenda. Council Member lovino requested to table Items #11A and #11B. In regard to Item #11A regarding medical marijuana, he agreed with Mayor Hill's suggestion to wait until the public hearing section to give the City Attorney direction. Council Member lovino noted Indian River County Firefighter Dave Johnson had recently been promoted to Fire Marshal which may change fire services with the County and requested additional discussion before moving forward with Item #11B. It was the consensus of Council to address the ordinance under public hearings. Regular City Council & CRA Meeting March 14, 2018 Page Two PROCLAMATIONS, AWARDS/ BRIEF ANNOUNCEMENTS Presentations of proclamations, certit cafes and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 18.031 A. Proclamation — March for Meals Campaign 2018 — Karen Dieal. President and CEO of the Senior Resource Center Mayor Hill read and presented the proclamation to Shawna Callaghan and Virginia Skov. 18.032 B. Proclamation — Kick Butts Dav 2018 — Genevieve Presti and Kavla Hershberaer, Students Working Against Tobacco Leaders Mayor Hill read and presented the proclamation to Genevieve Presti and Kayla Hershberger. Brief Announcements 3/16/18 — 3/18/18 ShrimpFest & Craft Beer Hullabaloo — Riverview Park 3/23/18 — Chamber Concert — SRHS Jazz Ensemble & Steel Drum Band — 5:30 to 8:00 pm 3/24/18 — Sebastian River Art Club Show — Riverview Park — 10 am to 4 pm Vice Mayor Kinchen announced the upcoming events. Recess Citv Council Meeting and Convene as Communitv Redevelopment Agency A. Chairman Hill called the CRA meeting to order at 6:17 p.m. All members were present. B. Motion by Mr. Dodd and SECOND by Vice Chairperson Kinchen to approve the January 24, 2018 CRA meeting minutes passed with a voice vote of 5-0. C. Consider Facade Sign and Landscape Program Grant (Transmittal, Summary, Application) i. Adam Preuss Appraisal Services, Inc., 936 U.S. Highway 1 The Community Development Director recommended approval. MOTION by Vice Chairperson Kinchen and SECOND by Mr. McPartlan to approve the Fagade, Sign and Landscape Program grant award to Adam Prueuss Appraisal Service. ROLL CALL: Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — aye Motion carried 5-0. D. Chairman Hill adjourned the CRA meeting at 6:18 p.m. 8. Adiourn Communitv Redevelopment Aqencv Meeting and Reconvene as Citv Council The City Council reconvened at 6:18 p.m. and all members were present. Regular City Council & CRA Meeting March 14, 2018 Page Three 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 — February 14, 2018 Regular Meeting 18.033 B. Resolution No R-18-08 - Accepting the 1sT Quarter Financial Report and Adopting Necessary Amendments to the FY17/18 Annual Budget (Transmittal, R-18-08, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 18.034 C. Approve Street Closings for Earth Day and Waste Management's Shred -It Events on April 21, 2018 (Transmittal, Map) 18.035 D. Approve Expenditure of Sebastian Police Department Forfeiture Funds for the DARE Program in Accordance with FS 932.7055 (Transmittal, Invoice, Letter, FS932.7055) 18.036 E. Approve Alcoholic Beverages at Community Center for Yates Event on March 24, 2018 from 3:30 pm to 9:30 pm - DOB Verified (Transmittal, Application, Receipt) 18.037 F. Approve Alcoholic Beverages at Yacht Club for Jones Event on April 7, 2018 from 2:00 pm to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) 18.038 G. Approve Alcoholic Beverages at Community Center for Ruiz Event on April 7, 2018 from 4:00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) 18.024 Added H. Approve Work Authorization for Consultant Services Utilizing the Cooperative Agreement with Sebastian Inlet District (Transmittal, Agreement, Scope, Fee, Agreement) Vice Mayor Kinchen remarked that she spoke to the City Manager regarding the rate discrepancies in Items #E and F. Council Member Dodd asked to pull item #A. MOTION by Council Member McPartlan and SECOND by Vice Mayor Kinchen to approve Items #B-H of the consent agenda. ROLL CALL: Council Member Dodd - aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen - aye Motion carried 5-0. Regular City Council & CRA Meeting March 14, 2018 Page Four Item #A Council Member Dodd asked that the 80% be changed to 8% on the last page of the minutes under his matters. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approved Item #A of the consent agenda passed with a voice vote of 5-0. 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. 18.039 A. Natural Resources Board (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Regular Member — Term to expire 7/1/2019 It was the consensus of City Council to appoint Jason Hoffman to the regular member position with a term to expire July 1, 2019. 11. PUBLIC HEARINGS 18.007 A. Second Readino and Public Hearino of Ordinance No. 0-18-01 Relatino to Medical Marijuana (Transmittal. 0-17-01, 0-18-01. Feb 14 Transmittal, Statement, Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; RESCINDING ORDINANCE 0-17-01; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. (PJ Ad 2/25/18) Mayor Hill opened the public hearing at 6:21 p.m. and the City Attorney read the title of Ordinance No. 0-18-01. Council Member Dodd said he hoped Council would continue to authorize medical marijuana. MOTION by Mayor Hill and SECOND by Vice Mayor Kinchen to table Ordinance No. 0-18- 01 for 90 days and direct the City Attorney to bring back an ordinance similar to the Town of Wellington that would fit the needs of the citizens of Sebastian. Jacqueline Lapos asked if there would be as many facilities as the dollar stores. The City Attorney advised the first reading of this ordinance created a stay; if someone applies they could not move forward until the proper regulations are in place. Doris Kilbane, Sebastian, asked why the marijuana could not be purchased at a pharmacy. Mayor Hill explained it is prevented by state law. Damien Gilliams asked for a copy of the Wellington ordinance; noted a lot of people can use this and asked that it be moved along. rd Regular City Council & CRA Meeting March 14, 2018 Page Five ROLL CALL: Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen - aye Council Member Dodd — aye Council Member lovino — aye Motion carried 5-0. 18.028 B. Second Readina and Public Hearina of Ordinance No. 0-18-02 Fire Prevention and Protection (Transmittal. 0-18-02, Code Chaoter 42) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING, REVISING AND UPDATING CHAPTER 42 OF THE CODE OF ORDINANCES RELATING TO FIRE PREVENTION AND PROTECTION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. (PJ Ad 2128/18) Mayor Hill opened the public hearing at 6:31 Ordinance No. 0-18-02. The City Manager designate the fire marshal, the County will recommended approval. p.m. and the City Attorney read the title of said staff is behind the ordinance, he will continue to permit special events and he Jason Brown, Indian River County Administrator, thanked Council for the change from first reading, asked Council to table the ordinance until they collaborated. He said the fire district was unified in 1984 with the addition of life support services added in the nineties and it was important to hold all of the services together. He asked for time to coordinate the fire inspections more closely with the City's Building Department. Dylan Reingold, Indian River County Attorney, introduced himself. Todd Smith, licensed structural engineer, said the ordinance is well written and a big plus for the City. He said there was a lot of conversation with the County Fire Department six months ago to streamline the process but they haven't implemented what was discussed such as adding more staff. Robert Rody, licensed architect, said he supported the ordinance, it would streamline the process. Mickey Capp, Capp Custom Builders, said he and his wife take a lot of pride in working with every department in the City and the County but for the last 6 or 8 years the Fire Department has been spiraling down. Recently he was doing $1M renovation on a property and the jack hammer set off the smoke detector. The Fire Department shut the project down causing him to incur $100,000 in expenses and two months of lost income. The building was permitted, inspected and approved 13 years ago by the Fire Department. Mr. Capp said he has worked with Sebastian's Building Official for 14 years who knows the code very well and is the right man for the community. Robert Boden, Titan General Contractors, said he would like to proceed with the ordinance and move forward as a community; fire safety is 10% of the process but is taking 90% of the time. Regular City Council & CRA Meeting March 14, 2018 Page Six 6:48 pm Jose De La Hoz, De La Hoz Builders, said the day-by-day delay is money and recently one of his customers was thinking twice about investing in the town. It takes weeks for a County inspection, then even longer for a correction. He appreciated the City's time to do this so they aren't losing money. Mayor Hill said this isn't Sebastian against the County or the Fire Department in any way, shape or form; this is delivering service to the customers; and this would not impact the City's budget. Council Member Dodd pointed out there would be a following item to hire a professional company for the difficult inspections and assist the Building Official; it is a financial decision for the City and the contractors. He would like to see that whoever does the fire re -inspections has the appropriate fire expertise. He supported the ordinance. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Ordinance 0-18-02. Council Member lovino said he is not opposed to the ordinance but to provide the best possible service, there should be the best people to do that. He is a firefighter and didn't feel the 200 hour class brought about the expertise needed to affect the best inspector. There should be someone who has had experience with fighting fires or gone through a building after a fire. Vice Mayor Kinchen said they needed to County hired someone last week they don't speed. She was in favor of the ordinance. streamline the process and although the know how long it will take him to get up to ROLL CALL: Mayor Hill — aye Vice Mayor Kinchen - aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 5-0. 18.030 C. Second Reading and Public Hearinq Ordinance No. 0-18-03 — Petition for Voluntary Annexation — Soirit of Sebastian (Transmittal. 0-18-03. Staff Analvsis, Attachment A, Survev) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 182.87 ACRES, MORE OR LESS, LOCATED SOUTH OF VACANT "INDUSTRIAL -ZONED" LAND, WEST OF THE FEC RAILROAD AND OLD DIXIE HIGHWAY, AND NORTH AND EAST OF SEBASTIAN HIGHLANDS AND SOUTH MOON UNDER RESIDENTIAL SUBDIVISIONS; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2125/18) Mayor Hill opened the public hearing at 6:53 p.m. and the City Attorney read the title of Ordinance No. 0-18-03. The City Manager said this was a voluntary annexation requiring the public hearing and staff recommended approval. Regular City Council & CRA Meeting March 14, 2018 Page Seven Mayor Hill said there are concerns on social media and within the community regarding the addition of 700 homes. He clarified with the Community Development Director that the current County zoning allows for 6 units per acre, providing for 1,044 units. The property owner is asking to develop about 690 units which is a reduction of about 350 homes. He cited the benefits noted in staffs report found on pages 134 and 135 of the agenda packet. Public Inout John Norris, Paddock Street said he was not against the annexation but the density. He asked that there be more discussion about the density. Ray Fries, 171 Del Monte, said he had a lot of questions regarding the development: will it be on City water and sewer; will there be improvements on Del Monte; where will the construction entrance be over the next 10-14 years; who will be responsible for the bridge over the canal at Del Monte. Mayor Hill said each of his concerns would be addressed through the process. Dr. Patricia Apazulu asked if there have been any impact studies for this area. Mayor Hill assured her prior to the development of the property, all of the studies must be done. Robert Warner said if the proposed duplexes were counted as two, there will be 830 units. He noted construction has already begun. Damien Gilliams said the annexation is not good for the City; the financial impact, the density, and transportation should be studied by an independent committee. T18 pm Charles Mauti, 438 George Blvd., said he isn't against the annexation but they should look at what they are proposing. Cindy Geesy, Laurel Reserve resident, said they will be greatly impacted by the ingress and egress. She asked what the additional taxes benefit would be versus the services that will be provided; will Section 8 housing be allowed; given the train noise, what will the units sell for; will there be height restrictions; and will it affect any preserve area. Ben Hocker said the property could be annexed and then rezoned to agriculture then the City wouldn't see any benefit. The City Manager summarized that staff recommended approval. Mayor Hill closed the hearing at 7:24 p.m. Mayor Hill said there will be less traffic and impact on the roads, the developer will have to improve the property and the City will have control through the process. He supported the annexation. Council Member Dodd thanked all the residents that came to speak. The ordinance makes that piece of land part of the City and the interim land use shall be consistent with the provisions of state law. The owner has indicated that the property will probably be a residential planned unit development requiring traffic and impact studies. They will have to present a preliminary plat showing lot lines, access points and what they will have to mitigate. Regular City Council & CRA Meeting March 14, 2018 Page Eight He noted that he has sat on the Planning and Zoning Commission for 12 years and he could not think of a single instance where the citizens weren't represented. He assured the audience that the studies will be completed and their concerns would be addressed. MOTION by Mayor Hill and SECOND by Council Member McPartlan to approve Ordinance No. 0-18-03. ROLL CALL: Vice Mayor Kinchen - aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Motion carried 5-0. Mayor Hill called for a recess at 7:31 p.m. Upon return at 7:41 p.m., all Council Members were present. 12. UNFINISHED BUSINESS 18.018 A. Terminate the Aareement for Professional Enaineerina Services Between the Citv of Sebastian and Dredainq and Marine Consultants (DMC) (Transmittal. Agreement. CSA#1) The City Manager reported that he requested the company to stop work and asked Council to terminate the contract. He said the project was to determine a long term seawall solution and in the near future, he would like to discuss the City's overall stormwater future and funding sources. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to cancel the contract with DMC. Damien Gilliams noted the City did not ask for any budget appropriations during the last legislative session. ROLL CALL: Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen - aye Motion carried 5-0. 18.009 B. Review and Advise on City Manaaer Interview Process (Transmittal. Solicitation. Report. Charter Sec. 2.12. R-15-10) The City Manager reported the vacancy announcement closed on March 2, the consultant has received 67 applicants, Council will receive a report on March 28, and the interviews would be held the following week. He said he planned a Council workshop for April 4 at 2:00 p.m. to conduct individual interviews and asked for direction on how to conduct the public workshop interviews. He then planned to hold a special meeting at 5:00 p.m. to select the manager. He asked for approval of the schedule as presented. The City Attorney advised that public input could be waived during the workshop by Council action. Regular City Council & CRA Meeting March 14, 2018 Page Nine MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to suspend the standard rules and not have public input at the 2:00 p.m. Council workshop. ROLL CALL: Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen - aye Council Member Dodd — aye Motion carried 5-0. If a resident has a question for one of the candidates, it was the consensus of Council to receive those questions prior to the workshop. Council Member Dodd asked if they would like to think about the interviews overnight and have the selection meeting on April 5'h. It was the consensus of Council to try to make a selection at the April 4'h special meeting at 5:00 p.m. and use April 5'h if they couldn't come to a decision. 13. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Cindy Geesey thanked Council for supporting her Rest, Relaxation and Romance Program for the military members. Damien Gilliams asked what page the Town of Wellington's ordinance was in the agenda packet. Mayor Hill advised a synopsis was on page 109. Mr. Gilliams responded it was a newspaper article and Mayor Hill called for a recess at 8:04 p.m. to have him escorted out of the meeting. The meeting reconvened at 8:05 p.m. and all members were present. 14. NEW BUSINESS 18.028 A. Contingent to the Aooroval of 0-18-02, Authorize the Citv Manager to Execute an Agreement with SAFEbuilt Florida to Provide Inspection and Plan Review Services for the Citv Fire Marshal (Transmittal, Agreement, Estimate) The City Manager explained this was a follow-up to Council's approval of Ordinance No. 0- 18-02, announced the Building Official, Wayne Eseltine would serve as the City's Fire Marshal and recommended approval. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve the agreement with SAFEbuilt to provide inspection and plan review services. Council Member lovino said he was concerned that they would not be using someone with fire -fighting history and asked for time to research SAFEbuilt's history. Mark Ogles, SAFEbuilt Florida, said they have 500 employees, five offices in Florida, and Bob Doland is currently providing these services for the University of Florida and Orange County. ROLL CALL: Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — nay Motion carried 4-1. W Regular City Council & CRA Meeting March 14, 2018 Page Ten 18.028 B. Resolution No. R-18-06 — Amendino the Buildino Permit Fee Schedule to Provide for Fire Safetv Insoection Fees. Amendino R-12-20 (Transmittal. R-12-20. R-18-06) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING BUILDING PERMIT FEE SCHEDULE AS NEEDED PURSUANT TO CITY CODE SECTION 26-81; PROVIDING FOR FIRE SAFETY INSPECTION FEES PURSUANT TO SECTION 42-28 PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-18-06. There were no questions from City Council. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Resolution No. R-18-06. ROLL CALL: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 5-0. 18.040 C. ADDrove Sinole Source Reouest for Purchase of Twentv (20) XL -185P Portable Radios for the Sebastian Police Deoartment (Transmittal. Quote. Letter. Certificate) The Police Chief explained this is the first step to change out their radios in increments until they are completed in year 2020. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve the purchase of 20 radios for the Sebastian Police Department. ROLL CALL: Vice Mayor Kinchen — aye Council Member lovino — aye Mayor Hill — aye Motion carried 5-0. 15. CITY ATTORNEY MATTERS Council Member Dodd — aye Council Member McPartlan — aye The City Attorney advised that with the scheduled closing on the Sullivan property tomorrow, they would see a general warranty deed executed as opposed to a statutory deed that was discussed at some length during the approval process. The City Manager reported that once the transaction is complete, he will ask the Chief to patrol the area and instruct the Facilities Manager to secure the building. At the March 28 meeting he will supply some options to consider regarding the building. 16. CITY MANAGER MATTERS The City Manager reconfirmed that he named the Building Official, Wayne Eseltine as the City's Fire Marshal. 17. CITY CLERK MATTERS — None 10 Regular City Council & CRA Meeting March 14, 2018 Page Eleven 18. CITY COUNCIL MATTERS A. Council Member McPartlan Council Member McPartlan thanked the Mayor for reading the CASTLE proclamation at yesterday's ceremony and the staff for setting up the Memory Field at Riverview Park. B. Mayor Hill — None C. Vice Mayor Kinchen — None D. Council Member Dodd Council Member Dodd said the recent internet news article posing the question, "Does Sebastian need more parks or bars?" indicates someone from south Florida will tell Sebastian how to do maintain their parks which isn't true. He explained the City has retained the Treasure Coast Regional Planning Council to produce a document based on input from the City that identifies the long-term plan for the park system to include an inventory of the parks with equipment and future needs. He said it is a reputable organization that provides reputable services to municipalities. He asked to be excused from the March 28 City Council meeting. E. Council Member lovino - None 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 8:19 p.m. W nette Williams,-M.bic —City Clerk City Council meeting. 11