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Home My WebLink About07-25-2018 CC Minutes w BOAOnOF SIEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MINUTES WEDNESDAY, JULY 25, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:00 p.m. 2. Rabbi Michael Birnholz of the Temple Beth Shalom gave the invocation. 3. Council Member Dodd 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 Paul Carlisle Acting City Attorney Melany Crawford City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Admin. Services Director Cindy Watson Procurement Manager Randy Moyer Public Facilities Director Scott Baker Community Development Director Lisa Frasier Community Development Manager Dorri Bosworth Police Chief Michelle Morris AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS - None Recess Citv Council Meeting and Convene as the Board of Adiustment A. Chairman Hill called the Board of Adjustment meeting to order at 6:06 p.m. All members were present. B. The February 14, 2018 Board of Adjustment Minutes were unanimously approved with a motion by Vice Chairwoman Kinchen and second by Mr. McPartlan. C. Quasi -Judicial Hearing ROBBIN DRISCOLL, IN REGARDS TO LOTS 9 AND 10, BLOCK 43, SEBASTIAN HIGHLANDS UNIT 2, AT 664 JORDAN AVENUE, IS REQUESTING A VARIANCE TO CONSTRUCT A FENCE EIGHT (8) FEET IN HEIGHT ALONG THE WESTERN SIDE AND REAR OF THEIR PROPERTY, WHEREAS THE CODE WOULD PERMIT SUCH FENCE TO BE A MAXIMUM SIX (6) FEET IN HEIGHT. Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Two The Acting City Attorney read the applicant's request. Chairman Hill opened the quasi- judicial hearing. The Board Members did not have any ex -parte communication to disclose and the City Clerk swore in those who would provide testimony. Mr. Driscoll said he was requesting an 8 ft. fence would provide privacy because the neighboring homes which were built later are at a higher level. He noted the east side was not included in his request but since there will be a home there eventually on the vacant lot, he asked the Board to include the east side as well. The Community Development Manager said that staff did visit the site and researched the surrounding property files where they found the elevations were the same but yards did slope down to the back. Staff also found that the fence should start back more to be less of a distraction to the neighbor. She recommended approval with the condition that the 8 ft. portion of the west side begin 55 ft. back from the front property line. She noted this is the fourth fence variance to be considered and staff would like to amend the code to allow staff to look at the requests on a case-by-case basis. Mr. Dodd and Chairman Hill agreed with her request to change the code. Mr. lovino also agreed and stated he has seen properties with a 6 ft. fence but the swale slopes low giving people only 4 ft. of coverage. In response to Vice Chairwoman Kinchen, the City Manager advised the Board could consider Mr. Driscoll's additional request to fence the east side at this time. Sandra Morgan, 710 Wentworth, spoke in opposition to the request; stating there are no properties in the area with an 8 ft. fence. Mr. Driscoll responded there are three properties on his street and one on Wentworth with 8 ft. fences. The Community Development Manager said staff was aware of one property with an 8 ft. fence and recommended approval with the condition that the 8 ft. portion of the west side begins 55 ft. back from the front property line and left the decision for the east side up to the Board. MOTION by Chairman Hill and SECOND by Mr. Dodd to approve the fence on the east and west side, as well as the back, with the fence starting at least 55 ft. from the beginning of the property. ROLL CALL: Vice Chairwoman Kinchen — aye Mr. Dodd — aye Mr. lovino — aye Mr. McPartlan — aye Chairman Hill — aye Motion carried 5-0. Chairman Hill adjourned the Board of Adjustment Meeting at 6:18 p.m. and reconvened the City Council meeting. Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Three 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 hisrher hand to be recognized. A. Approval of Minutes — July 11, 2018 Workshop & Regular Meeting 18.099 B. Resolution No. R-18-11 — Reouestino FDEP and SJRWMD to Reduce Permit ADDlication Fees (Transmittal. F.S.218.075. Financial Info. R-18-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO REDUCE PERMIT APPLICATION FEES IN ACCORDANCE WITH FLORIDA STATUTES SECTION 218.075; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 18.102 C. Approve Change Order #1 to Infrastructure Consulting & Engineering to Correct Calculations of the Construction Engineering and Inspection of Taxiways D and E at Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Work Authorization #3, Calculation, Background, Add] Work, CO #1) 18.101 D. Authorize the Purchase of Carpeting for the Council Chambers from Creative Floors Not to Exceed $17,370.00 (Transmittal, Quote Sheet, Quotes) MOTION by Council Member McPartlan and SECOND by Mayor Hill to approve consent agenda items A -D. 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. 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 Unexpired, Vacant Regular Member Position —Term to Expire July 1, 2019 There were no objections to Mayor Hill's nomination of Susan Olson. Ms. Olson was appointed to the vacant position on the Natural Resources Board. Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Four 11. PUBLIC HEARINGS 18.030 A. Second Reading and Adoption Hearinq of Ordinance No. 0-18-04 — Request for Comprehensive Plan Future Land Use Map Amendment - Spirit of Sebastian (Transmittal. 0-18-04. Report, Applicant Information. Application, Letter) 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-2 (LOW DENSITY RESIDENTIAL, MAXIMUM 6 UNITS PER ACRE) AND C/I (COMMERCIAUINDUSTRIAL) 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 & SEBASTIAN HIGHLANDS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. (PJ Ad 7/15/18) The City Manager said this was the second reading to amend the City's comprehensive plan. Mayor Hill opened the public hearing at 6:20 p.m. The Community Development Director said staff recommended approval of the ordinance, the applicant has requested a change of land use that is compatible with the City's land use; and the Planning and Zoning Commission has also recommended approval; there were no comments returned from the Department of Economic Opportunities or other agencies. The Acting City Attorney read the title to Ordinance No. 0-18-04. There was no public input. Mayor Hill closed the public hearing at 6:23 p.m. MOTION by Council Member Dodd with a SECOND by Council Member McPartlan to approve Ordinance No. 0-18-04. 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. 18.030 B. Second Reading and Quasi -Judicial Adoption Hearing of Ordinance No. 0-18-05 — Reauest for Rezoning and PUD Conceptual Development Plan - Spirit of Sebastian (Transmittal. 0-18-05, Report, Minutes, Application, Plan) 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 (MULTIPLE -FAMILY RESIDENTIAL), AND IL (LIGHT INDUSTRIAL) 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 SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 7/15/18) Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Five 628pm The Acting City Attorney read the title of Ordinance No. 0-18-05 and Mayor Hill opened the quasi-judicial hearing at 6:23 p.m. There was no ex -parte communication to disclose by the Council Members and the City Clerk swore in those who were to provide testimony. Chuck Mechling, Insite Solutions, said he was available to answer any questions. For the record, the Community Development Director stated the Spirit of Sebastian has requested a PUD R --planned unit development residential zoning that is compliant with City zoning; it allows for unique design flexibility that staff will review with the applicant during the preliminary plat; other development parameters such as open space call for specific requirements that staff has verified in the conceptual plan. The Planning and Zoning Commission held a public hearing and recommended that Council approve the rezoning and conceptual development plan with the condition that a minimum buffer of 25 is required between areas of platted lots and bordering residential uses unless the bordering property is stormwater right-of-way or easement; and on May 23, Council approved the rezoning on first reading and staff recommended approval. Mayor Hill said he looked forward to the property enhancing the City of Sebastian. MOTION by Council Member lovino and SECOND by Council Member McPartlan to approve Ordinance No. 0-18-05. 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. 12. UNFINISHED BUSINESS 18.094 A. Waive Purchasing Procedures and Award Airport Shade Hangar Construction Contract to Clvde Johnson Contracting and Roofing in the Amount of $523.546.00 and Authorize the Citv Manager to Execute Aporooriate Documents (Transmittal, Proposal) The City Manager reported the bids went out twice and came back too high; the lower bidder was not willing to negotiate so he reached out to Clyde Johnson Contracting who is willing to complete the project within the budget parameter. He said cost savings will be realized by moving the water main from under the wetland to an area that will be trench -dug along with some solar lighting. MOTION by Council Member Dodd and SECOND by Council Member lovino to authorize the City Manager to waive the standard purchasing procedures and sign a contract with Clyde Johnson Contracting and Roofing in the amount of $523,546 for the shade hangar project. 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. Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Six 13. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Maureen Latuputty, 1198 Croquet Lane, said her whole block received a notice of violation to clean out their swale and driveway pipe. Her neighbor told her that the City provided this service and she questioned why she had to hire a service when she pays taxes to have this done. The City Manager said the ordinance indicates the property owners are responsible for their swales and driveway pipes and it has been that if the City was doing a major project and drainage was an issue, the City would do the repairs and cross drains. He said he has been asking staff to give residents technical expertise to make sure the water gets from their property to the cross drains. Vice Mayor Kinchen said the City has always gone out to help the residents if they needed. Mayor Hill said when the City is impacting the residents it seems it would be more efficient if the City went in to armadillo the street. Council Member Dodd said the City approved the stormwater fee increase to assume responsibility for this type of work. He asked staff to move money around in the budget to make sure we have this covered. There was a consensus of Council to have staff help residents regrade their swales if a new cross drain has been or will be installed. 14. NEW BUSINESS 18.103 A. First Readino of Ordinance No. 0-18-08 Short -Term Vacation Rentals (Transmittal. Info Sheet. 0-18-08. Forms. Ex. Application. Position Paper. P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO SHORT-TERM VACATION RENTALS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE VII (GENERAL REGULATIONS) TO ESTABLISH REQUIREMENTS FOR VACATION RENTALS AND REGISTRATION FORMS BY CREATING ZONING CODE SECTION 54-2-7.22; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read the title of Ordinance No. 0-18-08. The City Manager said the City is preempted by the state to regulate these types of rental agencies but the City can register them to have contact information on file. The Community Development Director said this has been a cooperative effort with the Building Department to address the impact of short term rentals on neighboring residents. The Planning and Zoning Commission voted unanimously to approve transmittal of the ordinance to Council for approval. She went over the registration application packet. In response to Council inquiries, she a house is limited up to five vehicles depending on the number of bedrooms but of course there could be additional cars hidden in a garage. v Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Seven She also said penalties would be addressed by the current code enforcement process with fines set by the special magistrate. Council Member Dodd asked if a condo association or a permanently parked recreational vehicle association would be covered. He stated the ordinance indicates that association covenants would apply but it doesn't say what happens if the association is a rental authority. The Community Development Director responded the condo association will have to comply with the association's requirements which typically state they cannot rent the unit out for less than 30 days which does not fall under short term rental in the Florida Statutes. If the association opens to short term rentals, they would be covered by this ordinance. She offered to look into it RV parks or permanently parked recreational vehicles would be considered residential dwellings. She said if a homeowner wanted to rent out one of his bedrooms, it would be covered by this ordinance requiring the life safety inspection, $100 fee, and could be shut down if there were multiple complaints. Mayor Hill said this protects the citizens and levels the playing field for hotels. MOTION by Mayor Hill and SECOND by Council Member Dodd to approve Ordinance No. 0-18-08 on first reading with the stipulation that staff looks into what classification RVs would fall under. 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. 18.100 B. Aoorove Agreement Between the School Board of Indian River Countv and the Citv of Sebastian for the School Resource Officer Proaram and Authorize the Mavor to Execute Aoorooriate Documents (Transmittal. Agreement) The City Manager said this was a draft agreement to provide school resource officers and would cover 50% of the salary and benefits, but no equipment. MOTION by Council Member lovino and SECOND by Council Member McPartlan to approve the agreement. Council Member McPartlan noted the School District is receiving state money, they are a taxing authority and now the City is incurring a cost. Council Member Dodd agreed the School District is transferring the cost to the City; he did not want the City to be tied up beyond a year with this agreement. He supported providing officers but didn't understand why the School District wasn't using their taxing authority. Regular City Council & Board of Adjustment Meeting July 25, 2018 Page Eight The Police Chief described the history of providing school resource officers and noted the City will be utilizing the officers when school is not in session. AMENDED MOTION by Council Member lovino and SECOND by Council Member Dodd to approve the agreement for one year. The Acting City Attorney noted further negotiations will take place to finalize the agreement. 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. 15. CITY ATTORNEY MATTERS The Acting City Attorney thanked Council for allowing her to substitute for Mr. Stokes. 16. CITY MANAGER MATTERS - None 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Council Member Dodd - None B. Council Member lovino - None C. Council Member McPartlan gave a shout out to Chairman Matthew Sims who ran an outstanding Parks and Recreation Advisory meeting Monday night. He also reminded the public that 66`h Avenue between CR510 and Barber Street will be closed for next five months which will be sure to cause a lot of nightmares. D. Mayor Hill thanked the Police Department for their outstanding Christmas in July Event last weekend where they raised $6000. E. Vice Mayor Kinchen also thanked the residents and the Police Department for the Christmas in July Event which is very special. 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:14 p.m. Approved at thqFAPgust 8, 2018 Regular City Council Meeting. ATT ST:_ _ anette :Williams% MMC —: City Clerk 0