HomeMy WebLinkAbout05-23-2018 CC MinutesCM or
SEBAST__ N
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, MAY 23, 2018 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Hill called the Regular City Council meeting to order at 6:00 p.m.
2. A moment of silence was held.
3. Council Member McPartlan led the Pledge of Allegiance.
4. ROLL CALL
Mayor Jim Hill
Vice Mayor Linda Kinchen
Council Member Ed Dodd
Council Member Bob McPartlan
Members Absent:
Council Member Albert lovino
Citv Staff Present:
City Manager Paul Carlisle
City Attorney James Stokes
City Clerk Jeanette Williams
Administrative Services Director Ken Killgore
Assistant Administrative Services Director Cindy Watson
Public Facilities Director Scott Baker
Community Development Director Lisa Frasier
Golf Course Pro Greg Gardner
Police Chief Michelle Morris
Code Enforcement Officer Rich lachini
Code Enforcement Officer Curtis Bloomfield
5. AGENDA MODIFICATIONS - None
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.
18.074 A. Proclamation — Code Enforcement Officers ADOreciation Week - June 4-8. 2018
Mayor Hill read and presented the proclamation to Code Enforcement Officers lachini and
Bloomfield.
Brief Announcements
5/28/18 - City Hall Closed on Memorial Day
5/28/18 - Memorial Day Observance in Riverview Park — 11 am
Regular City Council Meeting
May 23, 2018
Page Two
Mayor Hill announced the closure of City Hall along with the Memorial Day Observance
which has been moved to the Vero Beach Center for Performing Arts at 9:00 a.m. to
accommodate forecasted inclement weather.
CONSENT AGENDA
Ali 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 — May 9, 2018 Public Hearing & Regular City Council Meeting
18.075 B. Approve Road Closures for Substance for Substance Awareness Center of Indian
River County 5K Run Fundraiser — Wednesday, July 4, 2018 - 6 am to 8 am —
Including the Closure of Sebastian Blvd. for Remainder of 4`' of July Festivities
(Transmittal, Application, Map)
18.076 C. Approve Alcoholic Beverages at the Yacht Club for Cascio Event on July 7, 2018
from 12:00 pm to 6:00 pm - DOB Verified (Transmittal, Application, Receipt)
MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve
Consent Agenda Items A -C.
ROLL CALL: Vice Mayor Kinchen — Aye Council Member Dodd — Aye
Council Member lovino — Absent Council Member McPartlan — Aye
Mayor Hill - Aye
Motion carried 4-0.
8. COMMITTEE REPORTS & APPOINTMENTS - None
9. PUBLIC HEARINGS
18.030 A. First Readina and Transmittal Public Hearing of Ordinance No. 0-18-04— Reauest for
Comorehensive Plan Future Land Use Mao Amendment — Soirit of Sebastian
(Transmittal. 0-18-04, ReDort. Information, P&Z Minutes. Aoolication)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE
COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A
LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL, MAXIMUM 5 UNITS
PER ACRE) AND CG (COMMERCIAL GENERAL) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION OF L-1 (LOW DENSITY RESIDENTIAL, MAXIMUM 6
UNITS PER ACRE) AND C/I (COMMERCIAL/INDUSTRIAL) ON PROPERTY CONSISTING OF
182.87 ACRES, MORE OR LESS, LOCATED WEST OF THE FEC RAILROAD AND OLD DIXIE
HIGHWAY, NORTH AND EAST OF SOUTH MOON UNDER AND SEBASTIAN HIGHLANDS;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING
AN ADOPTION SCHEDULE. (PJ Ad 5/6/18)
Mayor Hill opened the public hearing at 6:07 p.m. and the City Attorney read the title of
Ordinance 0-18-04.
The Community Development Director said this amendment was consistent with the City's
comprehensive plan; it is compatible with surrounding land uses and staff recommended
approval.
Regular City Council Meeting
May 23, 2018
Page Three
Public Input
John Norris outlined a different plan noting the development will not allow access to the
south walkway for the Greenway Trail. He displayed an aerial view of the land and pointed
out possible paths. He said the proposal will provide for excessive density and suggested
having the voters decide the issue.
Patricia Pezzullo said due diligence should be done prior to the project and asked Council
to look at other options. She asked Council to trust, but verify, the developer will complete
the required studies and needed infrastructure.
Maureen Murphy, Del Monte Road, said she would not have spent her retirement money
on her home if she had known this was coming.
Renne Hamblin said there are a lot of gopher tortoises, hogs, and scrub jays on the
property.
Henry Ghigliotti, 774 S. Easy Street, said he respects the rights of property owners to
develop their property but he sees a major problem with the two ingress and egress points
to the development; he asked who will pay to maintain Del Monte Road.
Sal Neglia asked Council to think about the impact the project with have on the City.
Charles Mauti, Georgia Blvd., asked to have staff review Patricia Pezzullo's comments and
re-evaluate what they have recommended.
Irene Ferraiuolo, 1525 Crowberry Lane, said the future should be sustainable urban
planning along with land conservation; everyone is seeking the retreat from urbanization;
every move they make today will lead to certain future tomorrow, let it be one they can be
proud of.
Staff Summation
The City Manager noted this land already has higher density on it; the developer has agreed
to do less; the request changes the future land use to allow the density that the developer is
asking for. He assured Council that staff is not rubber stamping the project.
Mayor Hill closed the public hearing at 6:41 p.m.
Council Member Dodd explained they had two issues before them; Item 9A is the rezoning
of the property and 9B is the designation of the PUD -R and the adoption of the preliminary
plat. He said every speaker was probably talking about Item 9B. He said the property carries
a county zoning classification of 6 units per acre which isn't compatible with the City's Code;
it isn't giving the developer authorization to do anything.
MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve
Ordinance 0-18-04 on first reading.
ROLL CALL: Council Member Dodd — Aye Council Member lovino — Absent
Council Member McPartlan — Aye Mayor Hill — Aye
Vice Mayor Kinchen — Aye
Motion carried 4-0.
Regular City Council Meeting
May 23, 2018
Page Four
18.030 B. Quasi -Judicial First Reading of 0-18-05 — Reauest for Rezoning and PUD
Conceptual Development Plan Approval — Spirit of Sebastian (Transmittal, 0-18-
05 Reoort. P&Z Minutes. Application. Plan)
7:00 p. m.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING A ZONING
DESIGNATION FOR ANNEXED LAND WITH PRIOR COUNTY ZONING DESIGNATIONS OF A-1
(AGRICULTURE -1), RM -6 (MULTI -FAMILY RESIDENTIAL), AND IL (LIGHT INDUSTRIAL) TO
PUD -R (PLANNED UNIT DEVELOPMENT -RESIDENTIAL) IN ACCORDANCE WITH A
CONCEPTUAL DEVELOPMENT PLAN 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 CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
Mayor Hill opened the quasi-judicial hearing at 6:44 p.m. and the City Attorney read the
title of Ordinance No. 0-18-05.
Vice Mayor Kinchen and Council Member Dodd said they received a phone call from
John Norris. Council Member Dodd said he received a phone call and e-mail from
Damien Gilliams. All Members received the e-mail from Mr. Gilliams.
The City Clerk swore in all those who would provide testimony
Chuck Mechling, 1570 N AIA, said he represented the ownership group who are proposing
a PUD concept with 3.2 units per acre; the internal road system will be a green belt through
the community, it will contain over 50% of open space; nearby South Moon Under supports
the project; they would be using Old Dixie Highway for the construction traffic.
He said the project has different pod or village sections internally to adjust to the market
needs of the incoming consumers for example a 55+ section. He said the land was a
former orange grove and sand mine; the initial environmental study did not find any scrub
jay habitat. He said the project meets all the aspects of the City's future planning goals
and offered to answer any questions.
The City Manager clarified that Item B does not approve the conceptual plan, only the
zoning and that staff was making notes of all of the individual comments made tonight.
The Community Development Director explained before Council was the request for
rezoning and an idea of what is being proposed that will have to be tightened up with all
of the data gathered prior to the preliminary plat.
She said a PUD is a type of alternative residential zoning district intended to promote
creative design that has to be compatible with the underlying land use. There will be
three access points; the developer will provide any off-site improvements if necessary;
there is enough capacity for sewer and water; there will be private roads and stormwater
system. The Planning and Zoning Commission and staff recommends approval of the
rezoning request and conceptual PUD development plan with a minimum buffer strip of
25 ft. required between areas of platted lots, and bordering residential uses unless the
bordering property is a stormwater right-of-way or easement.
13
Regular City Council Meeting
May 23, 2018
Page Five
Council Member Dodd explained the PUD process consists of the developer wanting to
build something that is not consistent with the standard norm, so the developer makes
little changes on the way things are laid out. The conceptual plan is similar to an
architectural sketch of the building; and the next step, the preliminary plan, defines a
schedule, produces environment/public facility/waste/traffic flow/school studies that must
be approved by the Planning and Zoning Commission and City Council; then site plans
must be developed in each phase.
Public Input
_?Wimbrow Drive resident, said there are seven scrub jays in her area; and
tortoises do not survive relocation.
John Norris said this will have a significant impact on the community and not what they
intended. He asked that they not fill in the land with homes.
Joan Dheere, Balboa Street, said Balboa is the only entrance to South Moon Under so she
knows what it is like to have congestion; a speed limit sign was put up but no one pays
attention to it. She has heard machinery noise coming from the project site. She asked
Council to consider other options for the property.
7:10 p.m.
Mr. Mechling responded that all studies will have to be done, roads and drainage will be
upgraded and over the years they have proven that they do what they say, they are part of
community.
Mayor Hill said he loved it when he moved here in 1999; there were 6,000 people; grass
grew up through the roads; you could get lost because the streets looked the same.
Today there are 26,000 residents and a big part of how we've kept it paradise is by having
control over what goes on such as these types of developments. Collier Club is a beautiful
community that was once trees and little lakes with all the same concerns. As long we can
have control over the development, we can continue to have paradise.
MOTION by Mayor Hill and SECOND by Council Member McPartlan to approve Ordinance
No. 0-18-05 on first reading.
Vice Mayor Kinchen reminded everyone that there will be a second reading and all of the
speakers' concerns will be addressed when the first site plan comes in before a shovel of
dirt is turned.
ROLL CALL: Council Member McPartlan — Aye Mayor Hill — Aye
Vice Mayor Kinchen — Aye Council Member Dodd —Aye
Council Member lovino — Absent
Motion carried 4-0.
10. UNFINISHED BUSINESS
18.048 A. Discussion of Stormwater Fee Workshop (Transmittal. 0-01-16. Policv)
7:17 pm
The City Manager said at the stormwater public hearing, staff was asked to bring back how
the stormwater credit was calculated for businesses, undeveloped property and for those
properties that might want to annex into the City.
Regular City Council Meeting
May 23, 2018
Page Six
To provide adequate time to gather information and discuss it before the budget process,
he suggested holding the workshop July 11. It was the consensus of City Council to hold
the workshop immediately preceding the Regular City Council meeting on July 11.
11. PUBLIC INPUT
New information or requests to City Council not otherwise on the prepared agenda
Greg Hepler, 1291 Barber Street, reintroduced himself and said if the Golf Course
Restaurant lease were to come available again, he would be interested in alleviating the City
of the burden. He said he heard there was some question about character or ability when
the bid process started and asked to meet with Council Members individually to discuss the
situation. He put in a bid in for the restaurant operation and felt he was more than qualified.
Mayor Hill said it would not be appropriate as there is a current tenant. Council Member
Dodd added that private conversations could jeopardize any future bid process. He
suggested that he spend some time with the new City Manager.
12. NEW BUSINESS
18.077 A. Approve Work Authorization Under the Construction Services Aareement with Tim
Rose Contractina. Inc. for Reconstruction of Dewitt and Damask Lanes in the
Amount of $108.386.60 and Authorize the Citv Manaaer to Execute the Aomrooriate
Documents (Transmittal, CSA#5, Quote)
The Public Facilities Director described the recommended process required to repair the
Dewitt Lane, Damask Lane, Pelican Island Place, and Indian River Drive. Staff
recommended approval.
MOTION by Mayor Hill and SECOND by Council Member McPartlan to approve New
Business Items A, B and C.
Vice Mayor Kinchen asked if Indian River Drive was a separate line item project. The Public
Facilities Director replied that Indian River Drive would come from the paving side of the
ledger.
The Public Facilities Director also reported that the stormwater and driveway improvements
have been completed for Dewitt Lane; and he has spoken to Mr. Rose about the expected
completion schedules for these projects. He also assured Council that the number two
contractor, Ranger Industries, is ready to step if needed for the same price.
ROLL CALL: Council Member McPartlan — Aye Mayor Hill — Aye
Vice Mayor Kinchen — Aye Council Member Dodd — Aye
Council Member lovino — Absent
Motion carried 4-0.
18.078 B. Aoorove Work Authorization Under the Construction Services Aareement with Tim
Rose Contractina. Inc. for Pavina of Pelican Island Place in the Amount of
$24.920.00 and Authorize the Citv Manager to Execute the Aoorooriate Documents
(Transmittal. CSA#6. Quote. Photos)
See motion under Item A.
Regular City Council Meeting
May 23, 2018
Page Seven
18.079 C. Aoorove Work Authorization Under the Construction Services Agreement with Tim
Rose Contracting. Inc. for Milling and Pavina of Indian River Drive in the Amount of
$346.812.70 and Authorize the Citv Manager to Execute the Aoorooriate Documents
(Transmittal. CSA#7. Quote)
See motion under Item A.
13. CITY ATTORNEY MATTERS - None
14. CITY MANAGER MATTERS
The City Manager reported that he attended the TCRLC meeting earlier where it was
decided that "home rule" should be referred to as 'local control' so it resonates better with
the public.
He also thanked staff for the great job they are doing with the recent heavy rainfall; and
asked everyone to think about hurricane season.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member McPartlan - None
B. Mayor Hill - None
C. Vice Mavor Kinchen
Vice Mayor Kinchen stated they have been given evaluations to complete for the City
Attorney and Clerk but she would be saving the Attorney's for next year. The City Attorney
invited all of the Council Members to contact him at any time.
D. Council Member Dodd
In response to Council Member Dodd, the City Attorney advised that medical marijuana
would be on the June 13 agenda.
E. Council Member lovino - None
17. Being no further business, Mayor Hill adjourned the regular City Council meeting at 7:36 p.m.
Approved of toe June 13, 2018 Regular City Council meeting.
anette Williams, MMC — City Clerk
7
Jeanette Williams
From:
damio@comcast.net
Sent:
Wednesday, May 23, 2018 4:26 PM
To:
Jeanette Williams
Subject:
Email in record 182 acres
good evening per our discussion being I am at the doctor's office and may not make the meeting please read the email into the record
thank you in advance Damien gilliams
Sent from my LG Escape2, an AT&T 4G LTE smartphone
From:
John Bover
To:
an Kino
Subject:
RE: Old Dixie commercial Subdivlsion
Date:
Friday, January 09, 2015 4:28:24 PM
Thanks Jan. I have a meeting with Chris Kafer, et al, regarding Old Dixie.
Have a good weekend,
John M. Boyer, P.E.
Mosteller & Moler, Inc.
www. MostellerM ofer. com
Vero Beach, Florida
Ph. (772) 567-5300 — Fax. (772) 794-1106
From: Jan King[mailto:jking@CityofSebastian.org]
Sent: Friday, January 09, 2015 4:03 PM
To: 'John Boyer'
Subject: RE: Old Dixie Commercial Subdivision
See comments below.
Jan King
Senior Planner
Community Development Department
City of Sebastian
1225 Main Street
Sebastian, FL 32958
772-388-8220
From: John Boyer rmaiIto: imboverna bellsouth.net]
Sent: Thursday, January 08, 2015 1:34 PM
To: Jan King
Cc: Dom Bosworth; Frank Watanabe; 'Richard Fey'
Subject: RE: Old Dixie Commercial Subdivision
Jan,
A couple of follow up questions:
1. Will swale drainage be acceptable to the City? In lieu of curb gutter along
the common roadway? After discussing this with our City Engineer, I have
been advised that it is the City's policy is to require curb and gutter (no
open swale system).
2. Can you provide more detail regarding improvements to Old Dixie
Highway? Old Dixie Highway is under the jurisdiction of Indian River
County. Road improvements, if required will be their call.
3. Is the City offering any incentives for development? Ie: impact fee
waivers, tax breaks, etc. See attached Ordinance and Ad Valorem Tax
Exemption Program.
A new boundary/topo survey has been performed and will be included in the
formal submittal. Environmental and soils exploration reports would also be
provided.
Thanks,
John M. Boyer, P.E.
Masteller 4 Moler, Inc.
www.MastellerMoler.com
Vero Beach, Florida
Ph. (772) 567-5300 - Fox. (772) 794-1106
From: Jan Kingjmailto:jking(@CitvofSebastian,orgl
Sent: Wednesday, December 17, 2014 9:33 AM
To: 'j mboyer@bellsouth.net'
Cc: Dorri Bosworth; Frank Watanabe
Subject: Old Dixie Commercial Subdivision
Yesterday Community Development staff met to review the conceptual subdivision plans you
submitted for Old Dixie Commercial Subdivision. As a follow-up to our phone conversation this
morning, I have listed the points we discussed regarding this project:
• A new survey with topo's
• An environmental assessment report
• Site borings
• Updated information from U.S. Fish and Wildlife
• Road improvements to Old Dixie Highway
I have also scanned the sand mine plan as well as some information from Fish and Wildlife, and
attached it for your convenience.
Please let me know if I can be of any further assistance to you in this matter.
Jan King
Senior Planner
Community Development Department
City of Sebastian
1225 Main Street
Sebastian, FL 32958
772-388-8220
co
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A —Sebastian Land Use
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B — Request for Rezoning
and PUD Conceptual
Plan Approval
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WALK / 12' DRAINAGE
BIKE SWALE
11' DRIVE
S' LANE
11' DRIVE 12' DRAINAGE
LANE 5' SWALE
Note: Landscape buffer width was determined by space requirements for a 3'- 4' tall berm. Vegetative cover shown is for
illustrative purposes only. Planting types and quantities will be determined during the planning of the final road design.
TYPICAL 62' RIGHT-OF-WAY
N.T.S.
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City Council Presentation
May 23, 2018