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HomeMy WebLinkAbout05-08-2019 CC MinutesMOF SEBAST�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MINUTES WEDNESDAY, MAY 8, 2019 - 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. Father Dave Newhart of St. Elizabeth's Episcopal Church gave the invocation. 3. Council Member Albert lovino 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 Asst. Administrative Services Director Cindy Watson Public Facilities Director/Airport Director Scott Baker Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dorri Bosworth Police Chief Michelle Morris 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to the Mayor's request to remove item 14b. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action underthis heading. 19.069 A. Proclamation — National Small Business Dai( - Mav 10. 2019 — Acceoted by Amber Batchelor. President. Sebastian River Area Chamber of Commerce Mayor Hill read and presented the proclamation to Ms. Batchelor and Nicole Capp Holbrook. 19.069 B. Proclamation - National Travel and Tourism Week - Mav 5-11. 2019 — Acceoted by Amber Batchelor. President. Sebastian River Area Chamber of Commerce Mayor Hill read and presented the proclamation to Ms. Batchelor and Nicole Capp Holbrook. Regular City Council Meeting May 8, 2019 Page Two 19.070 C. Proclamation —National Peace Officers Memorial Dav — Mav 15. 2019 and National Police Week — Mav 12-18. 2019 - Acceoted by Police Chief Michelle Morris and Members of Sebastian's Police Department Council Member lovino read and presented the proclamation to Sergeant Marcinik, Officer Singh, and Officer McKenzie. 19.071 D. Proclamation - National Safe Boatina Week - Mav 18-24. 2019 — Acceoted by Commander Frans Evberse. USCG Auxiliary Flotilla 56 Mayor Hill read and presented the proclamation to Commander Eybefse, Tommy Augustsson, Frederick and Linda Combs. Brief Announcements • May 17— Chamber Concert in the Park— Note 4 Note (60's to current hits) — 5:30 to 8 pm Vice Mayor Kinchen announced the upcoming event. She also congratulated Natural Resources Board Chairperson, Nikki Mosblech, for being selected as one of the five state finalists for Florida Teacher of the Year and wished her the best as the finalist is chosen. Recess City Council Meetino and Convene as Board of Adiustment Mayor Hill adjourned the City Council meeting and convened the Board of Adjustment meeting at 6:15 p.m. A. The November 28, 2018 Board of Adjustment minutes were unanimously approved by a MOTION by Mr. Dodd and SECOND by Mr. McPartlan. B. Quasi -Judicial Public Hearina 1. SEMBLER MARINA PARTNERS, LTD IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD The City Attorney read the request from Sembler Marina Partners, Ltd. There was no ex - parte communication to disclose by the Board Members. The City Clerk swore in those who were to provide testimony. Buzz Underhill, representing Sembler Marina Partners, Ltd. said the staff report accurately reflected their request and introduced the project engineer, Ryan McLean. The Community Development Manager explained per code the building height is measured either from base flood elevation or average grade; and, since the existing concrete pad is over water, the proposed building elevation should be measured from the base flood elevation. She said the argument is that since the slab is existing, the elevation should be measured from finished floor elevation. Regular City Council Meeting May 8, 2019 Page Three She noted a previous developer's agreement had expired and therefore the site plan modification is required to meet the current code, prompting the variance. She explained they are asking for a different spot to measure the building height or for an additional 4 'h feet for the building height. She said the applicant has met most of the qualifying criteria for determining a variance and staff recommended approval with the following three conditions: -certified, engineered proof of structural integrity regarding the existing overwater concrete pad before construction begins -the variance is for the restaurant building only. if the proposed use is changed (before the structure is built), the proposed building height will be measured from the required base flood elevation, as per code -the variance is valid for two years. The approval shall expire 24 months from the date granted if construction of the building has not begun Chairman Hill said there is a corner of the slab that is broken off and asked if the corner would need to be replaced. The Community Development Manager advised the pilings must be found to be structurally sound or the variance will not be granted. Chairman Hill asked if there was any recourse to have the slab removed as a non- conforming structure if it is found not to be sound. The City Attorney responded that staff would have to either get the structure to be compliant or removed. No one spoke in favor the request. Opposed Ben Hooker, Sebastian, said the request goes against the City's height restrictions. He asked if anything has been submitted as to what the building will look like and if it has gone before Planning and Zoning. He said a little more research is warranted. Damien Gilliams, President, Sebastian Property Owners Assocation.com (SPOA), said he has spoken about this non -conforming property numerous times to which the City has done nothing. He said the property is in violation of Articles VIII and XI of the Land Development Code. (See attached) He noted the City bought the Harbor Lights Hotel to preserve the river's view and now this restaurant is going to be built down the street. He said if the variance was passed tonight it would be criminal. Ryan McLean, MBV Engineering Inc. said the variance will lead to an architectural standard that will meet the CRW zoning and provide for a beautiful project. The Community Development Manager stated this was a new site plan application that was submitted before the holiday last year; this will put a structure on the slab, provide better stormwater ponds, landscaping and fix the existing sign; the applicant requested to bring this variance before the Board prior to going to Planning and Zoning; additional time conditions may be imposed at the time of site plan approval; and this will be a one-story structure. Chairman Hill asked the City Attorney if the Board approved the variance would they be committing a crime. The City Attorney responded not based on any facts or information that he has. Regular City Council Meeting May 8, 2019 Page Four The City Manager noted the observation deck was not an abandoned project; the Building Official at the time required them to complete the observation deck and the developer amended the site plan to reflect the observation deck and everything was closed as complete. The Community Development Manager added that with the new site plan, new correspondence will be required from SJRWMD, Army Corp and DEP. She also added the road elevation at an average 5'/n feet, so the elevation was not jumping to 11 %feet. Mr. Dodd said in 1992, DEP authorized a 10 foot elevation but it was built at 11 '/3 feet so the developer obtained a revised permit to address the additional 1 '/: feet, it was approved to have a building on it, subsequently the project didn't happen, and then the developer received approval for an observation deck. 6:42 pm Mr. Dodd noted the applicant will correct parking deficiencies, improve drainage and build another restaurant that will be a value to the City. In addition to the City's conditions, Mr. Dodd requested the following restrictions: the engineering certification should be noted that it meets current code; if the slab is not determined to be sound without reconstruction or without major repair work, the variance goes away (if the slab has to be rebuilt, it should be done at the proper level); and indicate an actual expiration date. This will provide something the City can use. The Community Development Manager said the state permits indicated it was to be a restaurant; there was a 1985 DEP permit showing the elevation at 10 feet, then a second DEP permit showing 11 '% feet; she cannot confirm the slab was inadvertently built at the wrong elevation by the contractor. Chairman Hill agreed the restaurant would be a lot better for the City. Mr. Underill said in 1987, the Army Corp required the slab to be built at 11 '/z feet. MOTION by Mr. lovino and SECOND by Chairman Hill to approve the variance requested by Sembler Marina Partners, Ltd. Roll Call: Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino — aye Mr. McPartlan — aye Chairman Hill — aye Motion Carried. 5-0 To clarify that the conditions requested by Mr. Dodd and staff should be included with the approval, Mr. lovino made an AMENDED MOTION with a SECOND by Chairman Hill for approval with the following requirements: - a certified engineered proof of structural integrity according to current code shall be provided prior to construction beginning - if the slab is determined not to be sound, the variance request will be null and void - the variance is for a restaurant building only. If the proposed use is changed (before the structure is built), the proposed building height will be measured from the required base flood elevation, as per code - the variance shall be valid for two years and expire 24 months from May 8, 2019 if construction of the building has not begun Regular City Council Meeting May 8, 2019 Page Five Roll Call: Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — aye Vice Chairperson Kinchen — aye Motion Carried. 5-0 The City Attorney advised that the first motion did not have to be rescinded because there wasn't any distance in time between the original motion and the clarification. 8. Adiourn Board of Adiustment and Reconvene as Citv Council Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:52 p.m. 9. CONSENT AGENDA A. Approval of Minutes — April 24, 2019 Regular City Council Meeting 19.072 B. Approve Indian River Shores Public Safety Department's Fire Truck Pull Special Event at Riverview Park with the Closure of Sebastian Blvd. and Harrison Street on June 8, 2019 (Transmittal, Application, Flyer, Map) MOTION by Vice Mayor Kinchen and SECOND by Council McPartlan to approve consent agenda items A and B passed with a unanimous voice vote of 5-0. 19.07310. pOMAI(Nanoinc &PrZona Commission A (Transmittal, Application, Ad, List) L Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Position —Term to Expire 511/2022 There was no objection to Mayor Hill and Council Member Dodd's nomination of Joel Roth to serve an additional term. Mr. Roth will serve until May 1, 2022. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13. PUBLIC INPUT Ben Hooker thanked Council Members Dodd, McPartlan and the City Manager for attending the Sebastian Property Owners meeting the previous Monday. Russell Herrmann 586 Redwood Court, Vice President of the Friends of the St. Sebastian River, thanked Council requesting the City Manager to research glyphosate and report back to City Council. In the meantime he requested that no dangerous chemicals be used. Damien Gilliams, President, SPOA also thanked the City Manager for coming to last Monday's SPOA meeting and requested a workshop and public forum to discuss the herbicide spraying as soon as possible. He noted that he and former City Council Member Eugene Wolff witnessed canal spraying right before a storm last Friday. 6:57 pm Regular City Council Meeting May 8, 2019 Page Six 14, NEW BUSINESS 19.066 A. Presentation by James Golden. Pavement Manaaement Grouo — City of Sebastian Pavement Condition Analvsis The City Manager introduced Mr. Golden who is an expert in the evaluation of pavement conditions. He displayed a PowerPoint presentation to inform the public what was evaluated and how it was evaluated. (See attached) The City Manager said he is planning to do another evaluation in the third year to measure the halfway point. AA. Adoot the Six -Year Pavement Manaaement Plan as Preoared by Pavement Management Grouo and Implement the Recommended Reoairs by One of the Cominuina Roadwayy Pavina Contractors Contingent Loon Available Funds: Authorizina the Citv Manaaer to Execute the Appropriate Documents (Transmittal. Report. Plan) The City Manager said by having a plan, staff could tell the public they have a plan and process to repair the roads as funding is available. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve the six-year plan as prepared by Pavement Management Group and begin implementing the recommended repairs. T26 pm Mr. Hocker, Sebastian, asked if there was any sequence of the roads and what is the budget. Andrea Ring, 407 Quarry Lane said she lives on one of the poor streets and she was glad to hear they are going to address the stormwater at the same time as street repair. Damien Gilliams, 1623 US Hwy 1, said the presentation was awesome; the plan will save the City money in the long run; and he thanked the City Manager. Council Member lovino thanked the City Manager as well. Council Member Dodd said he has been an advocate for this for a long time and was pleased to have a six-year plan for major investment in the stormwater as well. Roll Call: Mr. McPartlan—aye Chairman Hill — aye Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino — aye Motion Carried. 5-0 19.074 B. Consider Removal of Construction Board Member Pamela Parris (Transmittal. Code) Pulled from consideration. 15. CITY ATTORNEY MATTERS - None Regular City Council Meeting May 8, 2019 Page Seven 16. CITY MANAGER MATTERS The City Manager advised that he has been studying altemative herbicide products, attending meetings and was still gathering information for the upcoming report. He also reported that in the legislature's budget reconciliation process, $500,000 was put into the Indian River County's North County Septic to Sewer Program and he was in discussion with Senator Mayfield and Representative Grail to work something out for Sebastian. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Mayor Hill said the City has a policy to use the safest, most cost effective products to maintain their beautiful quality of life and no one is out to harm anyone, as they all have families here. B. Vice Mayor Kinchen - None C. Council Member Dodd - None D. Council Member lovino concurred with the City Manager that he is doing his due diligence in meeting with individuals and reading materials related to herbicide alternatives. E. Council Member McPartlan said the glyphosate (aquatic spraying) issue is concerning and wanted everyone to there has been a lot of misinformation distributed. He heard there was a rise in the cancer rates at Sebastian River Middle School so he reached out to Indian River County Health Department Administrator Miranda Hawker who said this was not even on their radar. He also heard there was a cancer cluster near Lake Okeechobee but that also was not true. He requested facts and evidence for the aquatic spraying report. 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:40 p.m. Approved al the ay 22, 2019 Regular City Council meeting. Mayor r ill ATTE e ne��elWli.�M-arc��Q-,CF.1gAC `'City Clerk PAVEMENT MANAGEMENT PROCESS AND PROJECT OVERVIEW The City of Sebastian, FL James Golden III | CEO | (740) 507-3842 | James@PavementManagementGroup.com A CPWG ENGINEERING, INC. COMPANY 1 ABOUT US •Over 20 + Years of Expertise •Pavement Management Specific •Originally JG3 Consulting in 2011 •Re-Branded to PMG in 2017 •A CPWG Engineering Company •Offices in FL, OH and MO •Work Directly with Cities and Counties throughout U.S. 1 OUR PROCESS •Industry Standard Software •Network Definition •1080P HD Video •Condition Assessment •GIS Integration •Budget Needs/Scenarios •Reporting •Managed Services THE PAVEMENT MANAGEMENT BLUEPRINT 1 PAVER® •US Army Corps of Engineers •APWA Recommended •Industry Standard •Cost Effective •Specific Set of Tools •A Complete System 1 INVENTORY •Accurate Network Inventory •Branches and Sections •Sections Block by Block •Section Attributes Tagged •Length:Width:Area Measured •Work History Recorded 1 VIDEO •1080P HD 60 Frames/Second •100% Video of the Network •Videos at the Section Level •Online Dedicated Access •External Storage Access •Google Earth Access 1 INSPECTION •Pavement Condition Index •ASTM D6433 Standard •Representative Sampling •20 Asphalt Distresses •19 Concrete Distresses •Distress Type: Severity: Qty •Value: 0 - 100 •Condition Categories 1 ASPHALT DISTRESSES Alligator Cracking Bleeding Block Cracking Bumps/Sags Corrugation Depression Edge Cracking Reflective Cracking Lane/Shoulder Drop Long./Trans. Cracking Patching Polished Aggregate Potholes Railroad Crossing Rutting Shoving Slippage Cracking Swell Raveling Weathering 1 CONCRETE DISTRESSES Blow Up Corner Break Divided Slab Durability Cracking Faulting Joint Seal Damage Lane/Shoulder Drop Linear Cracking Small Patching Large Patching Polished Aggregate Popouts Pumping Punchout Scaling Railroad Crossing Shrink Cracking Corner Spalling Joint Spalling 1 GIS, GOOGLE EARTH •GIS Assignment •Pavement Mgmt. Layers •Latest Condition Map •Published GIS Map •Google Earth Condition •Streaming Video Access 1 BUDGET NEEDS, SCENARIOS, PLAN •Maintenance Needs •Develop Policies •Budget Analysis Results •Plan Projects TREATMENT PCI CONDITION Rejuvenator 95-100 Excellent Crack Seal 75-85 Very Good 20 lbs/sq. Single Microsurfacing 65-75 Good Cape Seal (3/8" Chip Seal, and 25 lb. Slurry 55-65 Fair 2" Mill and Hot Mix Overlay 40-55 Poor Cold In-Place Recycling with 2" Hot Mix Asphalt 30-55 Very Poor Full Depth Stabilized Reclamation with 4“ Asphalt 0-30 Failed 68.33 66.68 64.68 63.68 70.71 70.70 70.68 70.20 72.21 72.20 72.18 72.08 73.87 74.68 75.24 75.53 55.00 60.00 65.00 70.00 75.00 80.00 2019 2020 2021 2022 2023 5 YEAR PLAN NETWORK AVERAGE PROJECTED CONDITIONS VARIOUS FUNDING SCENARIOS $1.30 Million $1.80 Million $2.00 Million $2.50 Million 1 DELIVERABLES •Final Project Report •Inventory Condition Report •GIS Condition Map •Google Earth Project File •1080P HD Videos •Streaming Video Access •Onsite Project Review •PAVER Software CONTINUED SUPPORT •Consulting & Support •Recommendations •Inventory/Work Updates •PAVER Training •Budget/Target Scenarios •Project Planning •Extension of the Team! + 1 BENEFITS •Data Driven •Measured Results •Condition Analysis •Qualify Treatments •Maximize Budgets •Optimize Conditions •Create Long Term Plans PROJECT DATA RESULTS AND 6 YEAR PROJECT PLAN The City of Sebastian, FL James Golden III | CEO | (740) 507-3842 | James@PavementManagementGroup.com A CPWG ENGINEERING, INC. COMPANY 1 PROJECT RESULTS •148 Centerline Miles •290 Lane Miles •15,312,918 Square Feet •1,413 Pavement Sections •Average Network PCI = 75 •Average Network Condition = GOOD 0 9 35 271 627 379 92 0 100 200 300 400 500 600 700 FAILED VERY POOR POOR FAIR GOOD VERY GOOD EXCELLENTSECTIONS CONDITION CATEGORY CONDITION BY SECTIONS 1 ROAD CONDITIONS EXCELLENT CONDITION •PCI Range 92 – 100 INDIAN RIVER DR •Section 02 •PCI = 100 TREATMENT OPTIONS •Do Nothing •Rejuvenator 1 ROAD CONDITIONS VERY GOOD CONDITION •PCI Range 82 – 91 BROOKEDGE TER •Section 02 •PCI = 89 TREATMENT OPTIONS •Crack Seal •Slurry/Microsurfacing 1 ROAD CONDITIONS GOOD CONDITION •PCI Range 67 – 81 COLUMBIA AVE •Section 02 •PCI = 71 TREATMENT OPTIONS •Crack Seal & Microsurfacing •Cape Seal 1 ROAD CONDITIONS FAIR CONDITION •PCI Range 67 – 81 SPRING VALLEY AVE •Section 02 •PCI = 55 TREATMENT OPTIONS •Cape Seal •Mill & Overlay 1 ROAD CONDITIONS POOR CONDITION •PCI Range 67 – 81 DOLPHIN AVE •Section 01 •PCI = 38 TREATMENT OPTIONS •Mill & Overlay with Partial/Full Depth Repairs 1 ROAD CONDITIONS VERY POOR CONDITION •PCI Range 67 – 81 DOLPHIN AVE •Section 01 •PCI = 38 TREATMENT OPTIONS •Cold in Place Recyle •Full Depth Reclamation 1 MAP CONDITIONS •GIS Mapping •Google Earth Mapping •Streaming Video 1 PROJECT PLANNING •6 Year Plan •Identify Annual Budget •Maintenance Tool Box •Maintenance Policies •Project Distribution •Plan Projects Logically MAINTENANCE DECISION TREE ANNUAL BUDGET YEAR 1: $500K YEARS 2 – 5 $525K 1 6 YEAR PROJECT PLAN •Total Costs: $3.19 Million •Major M&R: $0.98 Million •Preservation: $2.21 Million •Miles Improved: 25 •Percent Network Improved: 17% •Network Average PCI: 73 1 YEAR 1 PROJECT PLAN •Total Costs: $510,000 Thousand •Major M&R: $316,000 Thousand •Preservation: $194,000 Thousand •Miles Improved: 2.43 •Percent Network Improved: 1.64% •Network Average PCI: 74 1 YEAR 2 PROJECT PLAN •Total Costs: $545,000 Thousand •Major M&R: $12,000 Thousand •Preservation: $533,000 Thousand •Miles Improved: 4.95 •Percent Network Improved: 3.35% •Network Average PCI: 74 1 YEAR 3 PROJECT PLAN •Total Costs: $539,000 Thousand •Major M&R: $49,000 Thousand •Preservation: $490,000 Thousand •Miles Improved: 3.88 •Percent Network Improved: 2.62% •Network Average PCI: 74 1 YEAR 4 PROJECT PLAN •Total Costs: $529,000 Thousand •Major M&R: $208,000 Thousand •Preservation: $321,000 Thousand •Miles Improved: 4.08 •Percent Network Improved: 2.76% •Network Average PCI: 73 1 YEAR 5 PROJECT PLAN •Total Costs: $550,000 Thousand •Major M&R: $123,000 Thousand •Preservation: $427,000 Thousand •Miles Improved: 5.31 •Percent Network Improved: 3.59% •Network Average PCI: 73 1 YEAR 6 PROJECT PLAN •Total Costs: $514,000 Thousand •Major M&R: $269,000 Thousand •Preservation: $245,000 Thousand •Miles Improved: 4.25 •Percent Network Improved: 2.87% •Network Average PCI: 73 James Golden III | CEO | (740) 507-3842 | James@PavementManagementGroup.com A CPWG ENGINEERING, INC. COMPANY Good Evening! My name is Buzz Herrmann, Vice President of the Friends of St. Sebastian River. For over 3 years, we have been researching this critical matter. We thank Mr. Dodd for making a motion to direct the City Manager to research this very important matter and report back to the City Council. We also thank the entire City Council for voting for this motion. Prior to the Council making a final determination of their choice, we recommend a public forum, thereby permitting all residents the opportunity to voice their opinions. The Friends are looking forward to a report that will list several options so that the City Council can debate which option will insure a healthy environment for our residents to be free from physical diseases. We realize this is an arduous task to undertake and — will take time to research fully. In the meantime, we expect that no possibly dangerous chemicals will be used. Thank you!