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HomeMy WebLinkAbout02-27-2019 CC Minutesanon SEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, FEBRUARY 27, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Kinchen called the Regular City Council Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member lovino led the Pledge of Allegiance. 4. ROLL CALL Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Members Absent Mayor Jim Hill City Staff Present City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Building Official/Fire Marshal Wayne Eseltine Public Facilities Director/Airport Director Scott Baker Community Development Director/CRA Manager Lisa Frazier Leisure Services Director Brian Benton Lieutenant Tim Wood 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote or City Council members There was no objection to Vice Mayor Kinchen's request to switch public hearing item 11 A to B and item B to A. 6. PROCLAMATIONS. AWARDS BRIEF ANNOUNCEMENTS Presentations olproGamafions, certilicates and awards, and brier timely announcements by Council and Stall No public input or action under this heading. 19.010 A. Presentation of Sebastian Clambake Foundation Proceeds to 2018 Beneficiaries by Teddv Hulse. Foundation Board Member & Vice President Pat Revizzio Teddy Hulse and Pat Riviezzo introduced the community service organizations and disbursed the checks. Ms. Hulse thanked the City, Police Department, Public Facilities, the volunteers and the community for supporting the event. Regular City Council & CRA Meeting February 27, 2019 Page Two 19.026 B. Proclamation — Children's Week — March 24-29 - Marsha Powers. CEO of the Earlv Learning Coalition Vice Mayor Kinchen read and presented the proclamation to Ms. Powers. She thanked the City for acknowledging the work that the Early Coalition does. 19.027 C. Proclamation - March For Meals Month - Karen Diecl. President(CEO of the Senior Resource Association Vice Mayor Kinchen read and presented the proclamation to Ms. Diegl who cited the benefits provided bX the program and invited Council Members to deliver meals during March 11" to the 13 . Brief Announcements March 2' - Craft Club Show —10 am — 3 pm March 9" — Pelican Island Wildlife Festival — 10 am — 4 pm March 15-17" - ShrimpFest & Craft Brew Hullabaloo - Fri 3-9, Sat 10-9, Sun 10-5 Vice Mayor Kinchen announced the upcoming events. Recess Citv Council Meetina and Convene as Communitv Redevelooment Aaencv A. Approval of Minutes — January 23, 2019 CRA Meeting 6:15 p.m. MOTION by Mr. McPartlan and SECOND by Mr. Dodd to approve the January 23, 2019 CRA Meeting minutes passed with a unanimous voice vote of 4-0. B. Fakadel Sion and Landscaginq Program i. Consider Grant Request for 1004 U.S. Highway 1 — Arthur & Amy Pdep (Transmittal, Summary, Application, Grant Criteria) The City Manager said the owners approached staff for relief to get the building sold or leased out. The Community Development Director said the owner is planning an extensive remodeling of the building since it has been attracting businesses that are not within the zoning code. She pointed out that staff encouraged the Prieps to submit the application for review by the CRA Board, knowing don't they didn't have an occupational license as required by the program guidelines. She said they were present should there be any questions. Mr. Dodd said it was undetermined if the building will stay there and if it did, it might be more financially encompassing to bring it up to current code. He cited one of the criteria for ranking is the removal of blight and he had a concern with investing limited CRA money on the property that probably won't be there six months from now. He said he could support the landscaping portion. Mr. lovino asked to hear from the owner as to what their plans were. Mr. Pdep said he and his wife owned the property to the east where they planned to build a future residence and hoped to get a nice small business into the building to provide a small income for a while. In response to Mr. lovino, he said they don't plan to go anywhere or sell the property. Regular City Council & CRA Meeting February 27, 2019 Page Three Mr. McPartlan said the board's goal is to improve new or existing businesses and since there is no business, they are speculating on the property; and if the landscaping was approved, the people coming in might not like the landscaping. He said he would feel more comfortable if there was an occupant. Mr. Dodd noted $25,000 of the $39,000 estimate on page 11 was to put siding on the building and he was concerned with investing money on a building that might be knocked down in the end because it was too expensive to renovate. He said he was inclined to match the landscape portion but not the buildings. Mr. Priep responded there has been a lot of lessee interest in property. MOTION by Mr. lovino and SECOND by Mr. Dodd to approve the $2,348 landscaping portion of the request contingent upon the property owner returning to the board with a potential lessee to receive any additional award. ROLL CALL: Vice Chairperson Kinchen— aye Mr. Dodd — aye Mr. lovino—aye Mr. McPartlan—nay Chairman Hill — absent Motion carried. 3-1 C. Fiscal Year 2018 CRA Annual Report in Accordance with F.S.163.356(3)(c) Accept and Forward to Citv Council (Transmittal. Reoort) The Community Development Director stated the report was an unaudited version of the CRA's figures and activities for the past year. Motion by Mr. Dodd and SECOND by Mr. McPartlan to approve sending the Fiscal Year 2018 CRA Report to City Council for approval. ROLL CALL: Mr. Dodd — aye Mr, lovino —aye Mr. McPartlan —aye Chairman Hill—absent Vice Chairperson Kinchen — aye Motion carried. 4-0 8. Adiourn Community Redevelopment Aaencv, Meetina and Reconvene as Citv Council Vice Mayor Kinchen adjourned the CRA meeting and reconvened the City Council meeting at 6:31 p.m. 9. CONSENTAGENDA 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, helshe 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 13, 2019 Regular City Council Meeting Regular City Council & CRA Meeting February 27, 2019 Page Four 19.028 B. Fiscal Year 2018 CRA Annual Report in Accordance with F.S.163.356(3)(c) Acceptance by City Council (Transmittal, See Pages 37-52 for Report) 19.030 C. Resolution No. R-19-06 — Adopting a Revised City of Sebastian Public Broadcast Policy (Transmittal, R-19-06, Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A REVISED "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY", PROVIDING FOR LIVE BROADCASTS OF CITY BOARD AND COMMITTEE MEETINGS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Dodd asked to pull item C. MOTION by Council Member McPartlan and SECOND by Council Member lovino to approve agenda items 9A and B. Roll Call: Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — absent Vice Mayor Kinchen — aye Council Member Dodd —aye Motion carried. 4-0 tem C Council Member Dodd asked what the changes were between the old and new policy. The City Manager explained some of the changes included updated technology provisions, an appeals process, and staff authority to remove outdated material. Mr. Hocker, Sebastian, said regardless how minute the changes, the changes should go before the public. The City Manager said it was routine in nature and it was not uncommon for items to be placed on the consent agenda however if Council would like to see future policy changes, he would be happy not to put them on the consent agenda. Council Member Dodd said if the policy will impact the way we interact with citizens we may not want to put that under the consent agenda to give the public an opportunity to weigh in. The City Attorney read the resolution title and advised that F.S.166 requires that ordinances and resolutions with public hearings be read. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve consent agenda item C. Roll Call: Council Member McPartlan — aye Mayor Hill — absent Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Motion carried. 4-0 10. COMMITTEE REPORTS & APPOINTMENTS - None Regular City Council & CRA Meeting February 27, 2019 Page Five 11. PUBLIC HEARINGS Vice Mayor Kinchen stated the next two items were switched at the beginning of the meeting. 19.013 B. Second Readina and Public Hearing of Ordinance No. 0-19-02 Stormwater Utilitv Fee Credit Policv (Transmittal. 0-19-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 102, ARTICLE V OF THE CODE OF ORDINANCES, PROVIDING FOR CLARIFICATION, UTILITY FEE CREDITS AND ESTABLISHMENT OF FEES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2/27/19) The City Attorney read the title to Ordinance 0-19-02 and Vice Mayor Kinchen opened the public hearing at 6:37 p.m. The City Manager noted the changes requested at the first reading where incorporated into this ordinance which is to establish a justifiable and equitable way to provide stormwater credits. C. N. Kinds, property owner on the north edge of Sebastian, said his property is now in a condition that is expensive to pay stormwater fees; previously it was brought up that he would be eligible for a 90% credit but now it is only eligible for a 50% credit on top of the doubled fees. He thanked staff for helping him identify some of the issues and problems. He asked Council for comment and to reconsider the ordinance since he does not contribute to the stormwater system. Council Member lovino said he voted against the increased fee and did not think it should have doubled at the get -go. Council Member Dodd said if he has a plan that shows the property doesn't have an impact on the stormwater system, he will only pay a 10% fee but if the property doesn't fit that category, he will pay a larger amount. Stonnwater is one of the top three problems in Sebastian right now and the fee is needed to attack the problems; 6-7 years from now it could be reduced if the problems are out of the way. He said the credit percentages in the next item are attractive. The City Manager noted a 90% credit has to be raw land, with no impervious surface. Mr. Kirrie asked Council to hold up on the ordinance. Vice Mayor Kinchen closed the public hearing at 6:48 p.m. The City Manager closed by saying a policy could not be written for each and every individual scenario out there but this is based on empirical data. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Ordinance No. 0-19-02. Regular City Council & CRA Meeting February 27, 2019 Page Six Roll Call: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Memberlovino — aye Council MemberMcPartlan — aye Mayor Hill — absent Motion carried. 4-0 19.013 A. Resolution R-19-03 — Stormwater Utilitv Credit Fee Policv (Transmittal. R-19-03. Poky) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR METHODOLOGY, APPLICATION, DETERMINATION AND DEADLINE FOR REQUESTING STORMWATER FEE CREDITS PURSUANT TO SECTION 102-124 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2127119) The City Attorney read the title to Resolution No. R-19-03 and Vice Mayor Kinchen opened the public hearing at 6:49 p.m. The City Manager said this resolution authorizes staff to take in applications and equitably administer the credit; the policy provides that existing businesses can do best management practices and low impact development to increase their credit. He said it was a commendable policy that could be managed and defended. C. N. Kirde said after reviewing the fee schedule, he would not qualify for a 90% credit but a substantial increase even though the property has not changed in 10 years. He asked Council to reconsider the policy rather than pass it. Vice Mayor Kinchen closed the public hearing at 6:54 p.m. Council Member Dodd asked if June 12` was enough time for staff to inspect all of the applicant's properties. The City Manager said it would, the list would need to be to the property appraiser by July to be on the TRIM notice. Council Member Dodd suggested making the deadline May 1" because three years from now, the same number of people will apply and that will hamstring staff. The City Manager said the biggest challenge will be for the property owners receiving engineering services given the current construction climate; and he didn't anticipate there will be too many new applicants. Council Member Dodd cautioned that right now, no one is eligible but when they approve the policy and set June 1" as the date, it will default to the same number of applicants three years from now. Regular City Council & CRA Meeting February 27, 2019 Page Seven The Community Development Director said a reapplication will be a lot simpler to process than a new application; next year, staff expects there will be a lot of smaller properties that may be eligible as they add low impact designs or best practices to their properties. The Department will send out a post card the beginning of March and begin to gear up at that point to be done in time for July. The City Manager said he was not opposed to putting a line in the policy to have the applications In by June 1 this year and May 1 for the subsequent years. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Resolution No. R-19-03, adding in the May I' deadline subsequently going forward. Roll Call: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino—aye Council Member McPartlan — aye Mayor Hill — absent Motion carried. 4-0 12. UNFINISHED BUSINESS - None It was noted at this point of the meeting; items 13 & 14 weren't listed on the agendas in the prepared packets. 13. PUBLIC INPUT Ben Hocker said past Council meetings and Parks and Recreation Advisory Board meetings were not in the video archive of the website. He said he has witnessed people entering the Yacht Club and Fisherman Landing restrooms right before the door locks at 10:30 p.m. to spend the night. Bob Stephen representing the citizens, disappearing birds, fish and other animals that can't speak for themselves asked Council to please stop poisoning the waterways. 14. NEW BUSINESS - None 15. CITY ATTORNEY MATTERS The City Attorney reported that the City Manager met with the County Administrator in the Chapter 164 process where a fruitful discussion ensued that will keep the City's program in place with certain parameters. On Tuesday, the County will hopefully adopt a resolution terminating the Chapter 164 process that will then be presented to City Council. MOTION by Council Member lovino to terminate the Chapter 164 process providing that the City is in agreement with the County proposal. It was determined that a motion was not needed. There was consensus to approve the County's forthcoming motion to terminate the process and move forward with a settlement. 16. CITY MANAGER MATTERS - None Regular City Council & CRA Meeting February 27, 2019 Page Eight 17. CITY CLERK MATTERS The City Clerk apologized for the missing agenda items in the prepared agenda packets. 18. CITY COUNCIL MATTERS A. Vice Mayor Kinchen applauded the City's awesome Police Department for recently entering a burning mobile home and saving a resident. B. Council Member Dodd thanked the Vice Mayor for her attention to detail in running the meeting tonight. C. Council Member lovino thanked the Police Department for going out of their scope of being an officer to enter the burning building to save the resident. He also thanked staff and the City Attorney for their efforts in achieving the Fire Marshal settlement. D. Council Member McPartlan - none E. Mayor Hill -absent 19. Being no further business, Vice Mayor Kinchen adjourned the Regular City Council Meeting at 7:13 p.m. Approved at th March 13, 2019 Regular City Council Meeting Mayor Ji JI ATTES(�Y'{j,�y�F- an elyIaMs/ !C th k . 01