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HomeMy WebLinkAbout09-12-2018 CC Minutes w BOAGRO, EBAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MINUTES WEDNESDAY, SEPTEMBER 12, 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. Pastor Todd Thomas, Sebastian Christian 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 Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Admin. Services Director Cindy Watson Building Official Wayne Eseltine Procurement Manager Randy Moyer Public Facilities Director Scott Baker Community Development Director Lisa Frasier Community Development Manager Dorri Bosworth Police Chief Michelle Morris Deputy Police Chief Greg Witt Golf Course Pro Greg Gardner 5. AGENDA MODIFICATIONS There was no objection to the Mayor's request to remove item 9C from the consent agenda. PROCLAMATIONS. AWARDS. BRIEF ANNOUNC.,�JyI��TS Presentations of proclamations, certificates and awards, and bne,, //time y announcements by Council and Staff. No public input or action under this heading. 18.114 A. Life Savino Award Presentation to Officer Andrew Evans Sgt. Rob Vafiades presented a certificate and medal to Officer Evans who recently administered CPR to a 61 year old male who suffered a massive heart attack. 18.114 B. Life Savino Award Presentation to Corporal Ritchie Revis Sgt. Steve Marcinik presented a certificate and medal to Corporal Revis who recently administered CPR to a collapsed individual on Indian River Drive. Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Two 18.115 C. Proclamation — Hunaer Awareness Month — September 2018 — Acceoted by Rebecca Rodriauez. Triana Romero. Treasure Coast Communitv Food Bank Mayor Hill read and presented the proclamation to Ms. Rodriguez and Ms. Romero. 18.116 D. Proclamation — School Attendance Awareness Month — Seotember 2018 — Accepted by Principal Darivall Brown (SRHS) and Student Caleb Arcentales (Who Had Perfect Attendance Last School Year) Mayor Hill read and presented the proclamation to Mr. Brown. Caleb Arcentales was not in attendance. 18.117 E. Proclamation — Constitution Week — September 17 — 23. 2018 — Accepted by Holly Hamilton. Dauahters and Children of the American Revolution Mayor Hill read and presented the proclamation to Ms. Hamilton who invited the public to view the Constitutional display in the North County Library. 18.118 F. Proclamation — Inflammatory Breast Cancer Month — October 2018 — Acceoted by Holly Hamilton Mayor Hill read and presented the proclamation to Ms. Hamilton who noted the Hunt for Hope would be held September 30t' instead of the 29h in Riverview Park. Brief Announcements •1st Annual First Responders Fall Cook -Off will be Saturday, September 15th, 2018, from 4:30 p.m. — 9.30 p.m. at the Indian River County Fairgrounds - tickets $25 -Opioid Crisis Summit Sponsored by Chamber of Commerce — September 216'— 1-4 pm in Chambers Vice Mayor Kinchen announced the upcoming events. Mayor Hill conveyed that former Vice Mayor Don Wright had passed away. He noted that the former Vice Mayor worked vigorously to improve Sebastian. 7. Recess Citv Council Meetina and Convene as the Board of Adiustment A. Chairman Hill called the Board of Adjustment meeting to order at 6:21 pm B. The July 25, 2018 Board of Adjustment Minutes were unanimously approved with a motion by Mr. Dodd and second by Mr. McPartlan. C. Quasi -Judicial Hearing i. THERRIEN POOL ENCLOSURE — VARIANCE REQUESTED FROM SECTION 54-2-7.5(b)(1)a OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW CONSTRUCTION OF A PORTION OF A POOL SCREEN ENCLOSURE 7.3 FEET FROM THE REAR PROPERTY LINE AND TO ENCROACH INTO A STORMWATER MAINTENANCE EASEMENT, WHEREAS THE CODE REQUIRES SUCH ENCLOSURE TO MAINTAIN A MINIMUM DISTANCE OF 10 FEET FROM THE PROPERTY LINE AND NOT BE LOCATED IN A DEDICATED EASEMENT (Staff Report, Application) Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Three Chairman Hill opened the quasi-judicial hearing and the City Attorney read the applicant's request. There was no ex -parte communication to be disclosed and the City Clerk swore in all who would provide testimony. The applicant was not present. The Community Development Manager presented that staff had been working with the pool contractor as the representative of the homeowner; the form board survey indicated that the enclosure was going to encroach into the 10 ft. setback and the private subdivision stormwater easement. She explained that usually a contractor error is not necessarily applicable criteria for a variance but the unusual curvature of the property line lend to the foam boards being at 10 ft. Staff received letters of support from the Mosquito Control District, SJRWMD and the HOA. Staff is recommending approval with the following conditions requested by the homeowner's association (HOA): 1) The lake slope will remain consistent with the original plan. 2) The HOA attorney prepare a release of liability and have it recorded before construction began. (At the time of the meeting, the homeowner was not aware of this condition.) The Community Development Manager noted staff has been working with the contractor, it is a private subdivision, there wasn't a house behind the applicant, and she did receive the letters of support to allow the pool deck to encroach into the private easement. She also explained that variances are looked at by a case-by-case application with nine or ten criteria to be considered by the Board. Staff determined that the issue was caused by someone else and it would be up to the Board if they agreed with staff. With the last variance granted the request was looked at more as a variance from the City's code and if there was still an issue with the HOA it would be more of a civil matter. There was no one to speak in favor of the variance. The following individuals were opposed to the variance: Wendy Kirby Barnes, homeowner at Cross Creek Lake Estates, said as a homeowner and HOA board member, the requested variance is not in the best interest of the community. Before the meeting she was telephoned by the HOA president indicating the homeowner would be signing a release from liability letter should the pool fail and cause damage to the lake embankment but no one had received the release by the time of the meeting. Tim Barnes, homeowner, said the community is not complete and is still being controlled by the developer, Mr. Fischer. The release letter stated the board was in favor of the variance but that was not accurate, it was never sent out to the board. He has surveyed 26 homeowners --twenty-four homeowners opposed the variance, one resident approved the variance and one had no opinion. Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Four Mr. Barnes said this is a contractor error which should be insured for this mistake to leave the homeowner whole. He requested the Board deny the variance. John Garrison, 307 Yearling Trail, said he agreed with Mr. Barnes' comments. Patricia Marion, 719 Yearling Trail, said if the HOA would endure any liability for any failure of the pool or damage to the lake then she is against the approval. She urged the Board to receive the release letter before granting the variance. Connie Deltedesco, 105 Rawlings Path, said she disapproved of this. She was a contractor for 30 years and if a contractor makes a mistake, he should be liable. Paul Abati, 317 Yearling Trail, said the contractor made an expensive mistake, let him make the repair. Patricia Singewald said the HOA was never notified of the release letter and was not in favor of the variance. Leslie Knight, 107 Yearling Trail, said the homeowners were never notified and was also against the variance. Judy Amison, 923 Yearling Trail, she said was against this variance. The Community Development Manager noted for the record, that staff did send out the required notices for the variance request. Staff is recommending approval with two conditions: that the profile of the lake slope remains consistent with the original approved plans and a complete release of liability prepared by the HOA Attorney, Warren Dill, be executed and recorded before work continues on the pool. Chairman Hill asked what would be the damage to the City, the damage to the property owner and would the 2.7 ft. encroachment into the stormwater easement and change the slope. The Community Development Manager said she did not know if it would damage the slope and the contractor and homeowner had not been approached to sign the release and may not want to take on the liability if something happened to their pool. Chairman Hill asked if the release would carry with the property. The City Attorney advised that the HOA attorney would include language and have it recorded to run with the land; the release was a private dispute. Mr. Dodd asked how the City could be involved in this. The City Attorney stated that the homeowner should have gone to HOA for approval then come to the Board. Mr. Dodd said the City has a normal process to grant a variance but the HOA process is separate and he would prefer to table this. Chairman Hill stated the City has received HOA approval letter and suggested as a stipulation for the Board's approval to include the letter. 0 Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Five Mr. Dodd said he was not in favor of stepping between the HOA management and a HOA participant by including a stipulation to enforce a HOA requirement that they couldn't enforce themselves because their letter doesn't ask for that. The City Attorney advised procedurally this quasi-judicial hearing that should be based on the evidence heard which did not include any from the homeowner or contractor. He suggested if the Board would like to continue to a future date, the homeowner or contractor should be there to provide sworn testimony of what happened. The City Attorney noted the contractor was present. MOTION by Mr. Dodd and SECOND by Chairman Hill to continue the quasi-judicial hearing until October 10th so the HOA can work with the owner on the liability release which is not the City's issue. Mr. McPartlan stated it would be good to hear from the applicant and agreed with continuing the hearing. ROLL CALL: Vice Chair Kinchen — aye Mr. Dodd —Aye Mr. lovino —Aye Mr. McPartlan —Aye Chairman Hill —Aye Motion carried 5-0. ii. REEVES RESIDENTIAL FENCE — VARIANCE REQUESTED FROM SECTION 542-7.7(c)(1) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW CONSTRUCTION OF A MAXIMUM EIGHT (8) FOOT HIGH FENCE ALONG A PORTION OF. THE REAR AND SIDES OF HIS PROPERTY, WHEREAS THE CODE WOULD PERMIT SUCH FENCE TO BE A MAXIMUM SIX (6) FEET IN HEIGHT. (Staff Report, Application) Chairman Hill opened the quasi-judicial hearing; the City Attorney read the request; there was no ex -parte communication to disclose by the Board Members and the City Clerk swore in all those who would provide testimony. Paul Reeves, applicant, said his fence would not be 8 ft. high all the way around the house; he was looking for privacy; and he requested approval. The Community Development Manager said after they visited the site, they recommended 8 ft. on the side and maximum 7 ft. in the rear. There was no one that spoke in favor or against the variance request. MOTION by Mr. McPartlan and SECOND by Mr. lovino to approve Mr. Reeves' variance request. ROLL CALL: Vice Chair Kinchen — aye Mr. Dodd — Aye Mr. lovino — Aye Mr. McPartlan — Aye Chairman Hill — Aye Motion carried 5-0. D. Being no further business, Chairman Hill adjourned the Board of Adjustment meeting at 7:03 pm Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Six 8. Mayor Hill reconvened the City Council meeting and all members were present. 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 8, 2018 Regular City Council Meeting B. Approval of Minutes — August 13, 2018 Special City Council Meeting 18.011 C. Approve Sebastian River Area Chamber of Commerce Request for Candidate Forum for City of Sebastian Candidates — October 16, 2018 (Transmittal) 18.113 D. Resolution No. R-18-21 —Adopting an Updated Statewide Mutual Aid Agreement for Continued Participation with the Indian River County Comprehensive Emergency Management Plan and the Florida Division of Emergency Management (Transmittal, R-18-21, IRC Res. 2018-052, Original Statewide Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING THE UPDATED STATEWIDE MUTUAL AIDE AGREEMENT FOR 2018; PROVIDING FOR CONTINUED PARTICIPATION WITH THE STATEWIDE MUTUAL AID AGREEMENT THROUGH THE INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT PROVIDING FOR CONFLICTS, SCRIVENER'S ERRORS AND EFFECTIVE DATE. 18.119 E. Resolution No. R-18- 22 Designating S. Easy Street Between Englar Drive and S. Wimbrow as a "No Through Truck Zone" (Transmittal, Map, R-18-22) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING SOUTH EASY STREET BETWEEN ENGLAR DRIVE AND SOUTH WIMBROW DRIVE AS A "NO THROUGH TRUCKS ZONE'; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS, PROVIDING FOR AN EFFECTIVE DATE. 18.120 F. Resolution No. R-18-23 Approve the Final Plat for a Commercial Subdivision Known as Chesser's Gap Phase IV (Transmittal, R-18-23, Final Plat & Survey, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS CHESSER'S GAP PHASE IV, PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. 18.121 G. Resolution No. R-18-24 Ratifying a Wage Adjustment Equivalent to 4% and Amendment to Article 20.2 of the Coastal Florida Public Employees Association Bargaining Agreement and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, R-18-24, Amendment) 0 Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Seven A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A WAGE ADJUSTMENT EQUIVALENT TO 4°/o FOR ALL FULL-TIME AND PART-TIME HOURLY EMPLOYEES (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) IN ACCORDANCE WITH ARTICLE 20.2 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 18.122 H. Resolution No. R-18-25 Ratifying a Wage Adjustment Equivalent to 4% and Amendment to Article 15.3 of the Coastal Florida Police Benevolent Association Bargaining Agreement and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, R-18-25, Amendment) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A 4% WAGE INCREASE FOR ALL BARGAINING UNIT MEMBERS IN ACCORDANCE WITH ARTICLE 15.3 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30,2019; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 18.097 I. Resolution No. R-18-26 Providing Authority to City Manager or His Designee for the Execution of Grant Applications Submitted on Behalf of the City for Funding Assistance (Transmittal, R-18-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA PROVIDING AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE FOR THE EXECUTION OF GRANT APPLICATIONS SUBMITTED ON BEHALF OF THE CITY FOR FUNDING ASSISTANCE; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 18.100 J. Approve Agreement Between the Sebastian Charter Junior High, Inc. and the City of Sebastian for a School Resource Officer and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) 18.123 K. Approve Road Closure and Use of Mobile Stage for Sebastian Police Department's Community Night Out on October 23, 2018 from 5:00 p.m. to 7:00 p.m. (Transmittal, Application, Schematic) 18.124 L. Authorize the Purchase of Warranty Upgrades for Four Dell Servers in the Amount of $21,258.53 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote) Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Eight 18.081 M. Resolution No. R-18-14- FDEP Grant Agreement to Provide Coastal Resilience into the Comprehensive Plan (Transmittal, R-18-14, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD, PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 18.079 N. Approve Sole Source Agreement with Paveway Systems, Inc. in the Amount of $31,641.30 to Install 17 Crosswalks on Indian River Drive and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Letter, Quote, Rose CSA) 18.079 O. Authorize Change Order #1 Under the Construction Services Agreement with Tim Rose Contracting, Inc. for the Installation of Two Stormwater Cross Drains Near the Tiki Bar & Grill and Oyster Pointe in the Amount of $346,812.70 (Transmittal, CSA#7, CO#1, Quotes) 18.109 P. Approve Construction Services Agreement with Dickerson Florida, Inc. for Construction of Taxiway "C" at the Sebastian Municipal Airport in the Amount of $2,192,481.55 and Authorize City Manager to Execute Appropriate Documents (Transmittal, Bid Doc, Agreement) 18.109 Q. Approve Work Authorization #4 Under the Continuing Infrastructure Consulting & Engineering Agreement in an Amount Not to Exceed $269,687.00 for the Construction Management, Engineering and Inspection Services of Taxiway "C" at Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Scope, Agreement, Certification) 18.094 R. Approve Change Order #1 to Clyde Johnson Construction Services Agreement for Additional Shade Hangar Materials in the Amount of $46,364.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, Invoice, CO#1) Council Member Dodd asked to pull items G, H, J, and O. Item C was pulled from consideration under agenda modifications. Motion by Council Member Dodd and SECOND by Council Member McPartlan to approve items A, B, D, E, F. I, K, L, M, N, P, Q and R. 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. Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Nine Items G & H Council Member Dodd said he pulled these three items to advertise them, noting Item G and H were a 4% salary increase for the Coastal Florida Public Employees and Coastal Florida Police Benevolent Association Bargaining Units. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Consent Agenda Items G and H. ROLL CALL: Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Aye Motion carried 5-0. Item J Council Member Dodd said he pulled this at the request of a citizen who noted there was no cost shown in the budget. After speaking to the City Manager he learned the cost will be in the 2019 budget. He noted that the Sebastian Police Department has stepped up to the requirement of placing officers in the schools. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve Consent Agenda Item J. 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. Item O Council Member Dodd said the change request is not for $400,000 but $82,000 making the total project amount $427,000. He also noted the date has been extended to November 16 which will interfere with the Clambake. He asked if the project should be postponed until after the Clambake. The Public Facilities Director explained the November date refers to the thermal striping on the crosswalks but the work on the drainage, milling and paving will take place on late September, early October. The City Manager added that the contractor has hired a subcontractor, Community Asphalt, to do the milling and paving. Mayor Hill asked the City Manager to make sure no one has construction equipment in the CAVCORP or overflow lot from November 1 to the 5t'. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Consent Agenda Item O. 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. Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Ten 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. Council Member McPartlan reported that he and Council Member Dodd attended the MPO meeting earlier in the day where the Barber Schumann intersection was discussed. He said the MPO Director, Phil Matson, was willing to come to Council to discuss possible grants to help with the improvements that are scheduled to take place. Mayor Hill asked that one of the MPO members to look into who would maintain the overgrown section of the Rails to Trail route from CR512 to the North County Park. The City Manager offered to contact Mr. Matson and report back to Council. 11. PUBLIC HEARINGS 18.103 A. Second Readinq and Public Hearinq of Ordinance No. 0-18-08 Short -Term Vacation Rentals (Transmittal. Info Sheet. 0-18-08. Forms, Application) 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. (PJ Ad 8/26/18) The City Attorney read the title of Ordinance No. 0-18-08 and Mayor Hill opened the public hearing at 7:14 p.m. The City Manager said this ordinance would register the rentals, manage how they were operating and make sure the City was receiving the bed tax. Glen Powell, 12845 Bay Street, Roseland, said he bought his first property in 2002 and since then the industry has boomed. He has chaired the County's AirBnB Advisory Committee where they looked at every regulation and came up with smart and reasonable regulations for everyone involved. He said properties listed on AirBnB have the taxes collected and safety requirements for the properties. This is a win-win benefit for the City. The Community Development Director stated RVs and motor homes would not be covered by this ordinance; and owner occupied units renting single rooms are exempt from the Florida Dept. of Business & Professional Regulation license. She also noted that staff simplified parking definitions and clarified the application process. Staff recommended approval. The Community Development Director said an owner could bring proof that AirBnB has paid the required taxes to satisfy the tourist development tax requirement. MOTION by Council Member McPartlan and SECOND by Mayor Hill to approve Ordinance No. 0-18-08. Mayor Hill closed the public hearing. 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 Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Eleven 12. UNFINISHED BUSINESS — None 13. PUBLIC INPUT - None 14. NEW BUSINESS 18.109 A. Resolution No. R-18-16 - FDOT Supplemental JPA for the Construction of Taxiwav "C" (Transmittal. R-18-16. SJPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT GRANT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF TAXIWAYS "C, D AND E" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-18-16. The City Manager stated this was the FDOT portion of the funding for Taxiway C's construction and recommended approval. MOTION by Council Member lovino and SECOND by Council Member McPartlan to approve Resolution No. R-18-16. 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. 18.125 B. Approve Amendment #2 to Airport Lease Between the Citv of Sebastian and Sebastian Aero Services. Inc. to Provide Avoas Sales on the East Side the Airport (Transmittal. Amendment #2) The City Manager said Sebastian Aero has reached out to provide avgas and some other concierge services at the Airport that will provide a known quantity of income for some time to come. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve amendment #2 to the Sebastian Aero Services lease. 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. Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Twelve 18.126 C. ADDrove Amendment #5 to LoPresti Airport Lease for Additional Office Space in the Airport Administration Buildina and Authorize the Citv Manaaer to Execute the ADpropriate Documents (Transmittal, Amendment #2. Lease. Floor Plan) The Airport Director said that LoPresti was expanding their business and needed more space. This will provide more revenue for the Airport and satisfy the needs of a respected tenant. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve amendment #5 to the LoPresti lease. 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. 18.127 D. ADDrove Fishe Flvinq Corporation Airport Lease at Sebastian Municipal Airport (Transmittal, Lease, Previous Lease) The City Manager said this was also an expansion of an existing lease in the terminal indicating the viability of the Airport. The Airport Director noted the future construction of Hangar D will provide 4,000 sq. ft. of additional office space. MOTION by Mayor Hill and SECOND by Vice Mayor Kinchen to approve the Fishe Flying Corporation lease. 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. 18.066 E. Consider Sebastian Municipal Golf Course Restaurant Lease Assianment (Transmittal. RFP. Responses, Aqreement) The City Manager stated that BirTee's Grille and the Pelican Diner responded to the request for proposal however since the publication of the agenda, BirTee's Grille had withdrawn their proposal. He asked Council if they would like consider the Pelican Diner's proposal by Greg Hepler. Mayor Hill asked him to consider an understanding that it will be necessary to have a beverage cart on the course when there are golfers. The City Manager said the bid documents require a cart if there are 100 golfers. MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to approve the Pelican Diner's proposal and direct the City Manager to negotiate a lease with Mr. Hepler. Council Member lovino said he had eaten at the Pelican Diner many a times and he thought the community would enjoy it. In response to Vice Mayor Kinchen, Mr. Hepler said he planned to open after he changes his equipment from natural gas to propane. 12 Regular City Council & Board of Adjustment Meeting September 12, 2018 Page Thirteen ROLL CALL: Council Member lovino —Aye Mayor Hill — Aye Council Member Dodd — Aye Motion carried 5-0. 15. CITY ATTORNEY MATTERS - None Council Member McPartlan — Aye Vice Mayor Kinchen — Aye The City Manager reported that Brightline will begin construction over the Sebastian River in October and they were seeking station locations. He advised the Brightline officials there was only private property in Sebastian. The City Manager also stated the City of Fellsmere has filed a dispute resolution with the Sebastian Water Improvement District. He planned to attend their meeting because the City discharges water into the District. He asked everyone to keep the Carolinas in their thoughts and prayers as Hurricane Florence approaches. He thanked Chief Morris and all of the agencies for the great 9/11 Service. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Council Member lovino asked the City Manager if he received Sissy Irwin's, 1710 Laconia Street, request for "do not enter signs". The City Manager said there are signs there and the problem was more of impairment than speeding cars. He offered to reach out to Ms. Irwin. B. Council Member McPartlan - None C. Mayor Hill -None D. Vice Mayor Kinchen thanked the Police Chief and staff for the beautiful 9/11 Service. E. Council Member Dodd - None 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:40 p.m. Approved at the September 26, 2018 Regular City Council meeting. Vice Mavor Linda Kinchen forMayor Jim Hill ATTEST.• 4=tte -Williarns, MMC -City Clerk 13