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HomeMy WebLinkAbout01-22-2020 CC MinutesMa HOME OF PEUGAN ISLAND SEBASTIAN CITY COUNCIL COMMUNITY DEVELOPMENT DEPARTMENT OVERVIEW WORKSHOP — 5:00 P.M. CRA & REGULAR MEETING WEDNESDAY, JANUARY 22, 2020 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA MINUTES 1. Mayor Dodd called the Regular City Council Meeting to order at 5:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill far ived 6:00 p.m.) Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Public Facilities Director/Airport Director Scott Baker Community Development DirectorlCRA Manager Lisa Frazier Community Development Manager Dom Bosworth Senior Planner Robert Loring Planner Michelle Faulkner Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Procurement/Contracts Manager Ann -Marie Fraser Environmental Technician Kim Haigler Leisure Services Director Brian Benton Engineer/Stormwater Director Ken Griffin Building Official/Fire Marshal Wayne Eseltine Police Chief Michelle Moms CONVENE COMMUNITY DEVELOPMENT DEPARTMENT OVERVIEW WORKSHOP Mayor Dodd recessed the City Council meeting and convened the workshop to allow the Community Development Director to provide an overview of their department. The Community Development Director introduced herself and stated her department is constantly collaborating with other departments for the whole of the City and introduced her staff. She displayed a PowerPoint presentation. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Two 5:24pm The Community Development Manager (Ms. Bosworth) outlined the planning and zoning activities that the City is required to adopt also through a PowerPoint presentation. In regard to incomplete subdivisions, the Community Development Manager said after the preliminary plat approval, the developer receives his construction drawings, permits, financing and begins to land clear. At this point, he can final plat the subdivision and presale his lots however the City does not require any type of construction or performance bond while he is constructing his subdivision which is typically when the subdivision falls apart. She cautioned that the City may not want to finish subdivisions for the property owner. She continued to explain that after 18 months, the preliminary plat expires, and if the developer wasn't done, he would have to request one 12-month extension or start the application process from scratch once he was ready. The Community Development Manager explained that prior to having a City Engineer on staff, site plans were approved by a rotation of engineers under the continuing engineering services contract. The Community Development Director said while the Land Development Code has not been significantly modified, it is constantly reviewed to make sure it is in compliance with the Comp Plan and state statute. 534pm Margaret Hasamas asked if the annexation was part of the City. Mayor Dodd advised the recent Graves Bros. annexation hasn't gotten to any of the planning processes. Council Member Gilliams stated a land designation has been assigned to the parcel. There was no further public comment and Mayor Dodd recessed the workshop at 5:37 p.m. 20.013 6. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd called the Regular City Council Meeting to order at 6:00 p.m. All Council Members were present. 7. AGENDA MODIFJI,ATIOYS Modifications 1a adddi lion require unanimous ,is of City Council members Mayor Dodd pulled item #1 under his matters noting Mr. Bedea resigned from the Natural Resources Board. He said the Chamber of Commerce requested to pull item #16a; and asked Council to consider moving up public input since it will probably become an approved procedure change later in the meeting. Council Member Gilliams did not support moving up item #15 public input. 8. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brier timely announcements by Council and Stall No public input or action under this heading. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Three Brief Announcements Thursday January 23 — Integrated Pest Management Systems Workshop — 1:30pm Friday February 7— Rhythm on the River— Riverview Park — 5:30p to 8pm Saturday February 8 & 9 - Craft Club of Sebastian 10am to 3pm Saturday February 8 — Four Chaplains Ceremony at Veterans Memorial Park - 3pm Wednesday February 12 — Municipal Budget Process Workshop — 5pm Mayor Dodd announced the upcoming events. 9. ADJOURN CITY COUNCIL MEETING AND CONVENE CRA MEETING Mayor Dodd adjourned the Regular City Council meeting and convened the CRA meeting at 6:02 p.m. A. MOTION by Mr. Gilliams and SECOND by Ms. Parris to approved the November 20, 2019 CRA Meeting minutes passed with a unanimous voice vote of 5-0. B. Septic to Sewer Grant Proaram i. Consider Grant Request for 805 Indian River Drive —Commercial (Transmittal. ADplication. Deeds. Unitv of Title. Tax R2CBIDt. Invoices) The Community Development Director stated this property would like to connect to the sewer and the owner has provided all the estimated project costs; she recommended approval. The Community Development Director read her transmittal summary into the record. (See page 15) MOTION by Mr. Gilliams and SECOND by Vice Chairman Mauti to approve the grant request for 805 Indian River Drive passed with a unanimous voice vote of 5-0. ii. Consider Grant Req�uest for 1724 N. Central Avenue - Sincle Family Residence (Transmittal. AoDlication. Deed. Tax Receiot. Invoices) The City Manager stated the County has agreed to waive the ERU fee for the time being and urged CRA property owners to submit their applications for this additional cost savings. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the grant request for 1724 N. Central Avenue passed with a unanimous voice vote of 5-0. III. Consider After the Fact Grant I for 1620 N. Central Avenue - Multi Family Residence (Transmittal. E-Mail. Application. Deed. Tax Receiot. Permit Cooies. Invoice) The City Manager stated staff did not recommend the property owner pursuing the grant after the work was completed but this is the owner's opportunity to appeal to the CRA Board. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Four Nancy Vise representing property owner Tom Vari, stated he was one of the first property owners that hooked up to the sewer and was not aware the application had to happen before the work was done. The Community Development Director stated the work was completed in July and Mr. Vari started the grant request in September. (See page 35) The Community Development Director outlined the program's application process and asked if the board was to approve this request, how far back the board would like to go in approving future "after the fact" requests. The City Attorney advised the estoppel process doesn't apply to governmental entities. MOTION by Mr. Gilliams and SECOND by Vice Chairman Mauti to approve the grant request for 1620 N. Central Avenue passed with a unanimous voice vote of 5.0. 20.014 C. Provide Direction Repardinp the Harbor Lichts Motel Site — 1215 Indian River Drive (Transmittal. Code. Aerial. Survev) The City Manager asked Council what they would like to do with the parcel with the hotel on it as there are two individuals interested in making proposals on it. Ms. Parris noted the building was a historical landmark and there was an individual interested in using the renovated property in the audience. Mr. Gilliams said he would like to hear from the community. Mr. Hill noted the reason the City bought the property was to protect the east side, then determine what to do on the west side. He suggested they get the property assessed. Vice Chairman Mauti would like to see the property preserved but they should consider the needs of the future. Chairman Dodd said the property is a long-term, positive asset for the City, noting the City owns the property the Chamber of Commerce is sitting on so if it is combined with the east side, west side and the Main Street boat ramp it is very attractive and could be used in the future to support more aquatic -type park services. It said it is a great advantage for the City to own the property; it should be determined if there is asbestos in the building and if it is indeed on the National Register. It could be converted to a passive park. Dan Johnson, founder of Hidden Sanctuary Village, a domestic violence shelter that serves men, women, and pets, said they can begin to take in victims utilizing this property. Chairman Dodd asked him to provide background information to the City Manager so he might bring a request for assistance to City Council. Ms. Paris said the organization has the financial ability to renovate the building. The Community Development Director stated the building does not have sewer, water, or central air. Mayor Dodd said the building probably wouldn't pass an asbestos lest. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22. 2020 Page Five Ben Hooker said the City bought the property to protect the view of the river; at the last candidate's forum, a former Council Member stated the City was looking to sell the property. He requested a workshop to consider the property as well as the triangle property after the Public Works Compound is relocated. Lisa Boisvert, Sebastian Highlands, said the property is part of the character of Old Sebastian which is disappearing. She suggested making it an annex of the museum to preserve Old Sebastian. Andrea Ring said she was part of a historic landmark renovation in Virginia and warned the renovation will be very expensive. Mr. Gilliams suggested that they salvage what can of the building and then use it as a business incubator so if the business does well they can fill one of empty business slots throughout the community. Ms. Parris asked if it was large enough to incorporate Sanctuary Village and an educational/historical concept such as Hurricane Harbor. Chairman Dodd stated the consensus was that they need more information to include: an appraisal with the building; an appraisal without with building; an estimate to refurbish the building; and asbestos lest to reopen the building; how much would it cost to get water and sewer to the building. The City Manager stated the Public Facilities Director had already begun to gather information on the asbestos testing. 10. Chairman Dodd adjourned the CRA Meeting at 6:40 p.m. and reconvened the Regular City Council Meeting. 11. CONSENT AGENDA 20.015 A. Approve Road Closure for HALO Rescue 51K Run on January 25, 2020 from 7:15 a.m. to 9:00 a.m. (Transmittal, Application, Route Map, Receipts, IRC Approval) 20.016 B. Approve Alcoholic Beverages for the Murray Family Event at Yacht Club on January 25, 2020 from 3:30 p.m. to 8:30 p.m. — Permittee DOB Verged (Transmittal, Application, Receipt) 20.017 C. Approve Alcoholic Beverages for the Berchtold Family Event at Yacht Club on May 9, 2020 from 11:00 a.m. to 6:00 p.m. — Pennittee DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve consent agenda items A-C passed with a voice vote of 5-0. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Six 12. COMMITJ�E REPORiaa & /�ppf)INTAiIENTS City commit ee repoarlts andd Lounct em er region committee reports. No public input or action except for City committee member nomination, and appointments under this heading. Council Member Gilliams stated he attended the Affordable Housing Committee meeting earlier in the day where it was recommended that County staff review the multi -family zoning regulations and identify opportunities to limit and allow uses in those zoning districts to reserve multi -family areas to make recommendations to the County Commission. The Committee also recommended an increase an affordable housing density bonus allowance if the data supports the bonus percentage by increasing the number of units in RM 6, RM 8, and RM 10, Council Member Gilliams invited the City Manager to meet with the Committee's chair to write a letter to the legislators. Mayor Dodd said he would like to see affordable housing be discussed during the Comp Plan update. 20.018 A. Police Pension Board of Trustees (Transmittal, Application, Code, List) I. Interview, Unless Waived, Submit Nomination for One Civilian Position — Term to Expire January 2024 Mayor Dodd announced that Christine Vicars resigned leaving an additional opening on the board. Council Member Hill made a MOTION with a SECOND by Mayor Dodd to appoint Mr. lovino to the Police Pension position. As a law enforcement official, Mr. lovino stated he would be a good conduit between the law enforcement and the civilian community. Council Member Gilliams suggested that Council may want to advertise a little longer to make sure there are no other options before appointing another law enforcement official in the civilian position. The Administrative Services Director, who is the Police Pension Board's Administrator, stated the pension board members look to the interest of the police officers. Mayor Dodd stated he didn't see any conflict with Mr. lovino being a law enforcement officer. Roll call to appoint Mr. lovino: Council Member Parris — aye Mayor Dodd — aye Vice Mayor Mauti — nay Council Member Gilliams — nay Council Member Hill — aye Motion carried 3-2. 13. PUBLIC HEARINGS - None Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Seven 14. UNFINISHED BUSINESS 20.011 A. Discuss Citv Attorney Candidates. Make Selection. and Direct Staff to Negotiate a Contract (Transmittal) Mayor Dodd proposed that they have the City Clerk take a roll call vote for a candidate and if they receive three votes for one candidate then they have a new attorney; if they don't have three votes, members can make brief comments and lake another vote. If they cannot get three votes, then other motions could be proposed. Roll call: Vice Mayor Mauli — Manny Anon Council Member Gilliams — Paul Gougelman Council Member Hill — Manny Anon Council Member Parris — Paul Gougelman Mayor Dodd — Manny Anon Manny Anon was selected to work with the City Manager and CFO to negotiate a contract to come back to Council for approval. MOTION by Mayor Dodd and SECOND by Council Member Hill to appoint a Contract Committee of the City Manager, Chief Financial Officer and Mayor. Council Member Gilliams asked for a backup plan in case the first candidate doesn't come through. The City Attorney advised they have selected a candidate, if for some reason Mr. Anon or Council doesn't come to terms with a contract at that point you would go to one of the others or start the process all over again. The second candidate would only be contingent if there isn't a contract. He said Charter Officer contracts are a matter of salary, Mr. Anon is aware of the range that the position was advertised at. AMENDED MOTION by Council Member Gilliams and SECOND by Council Member Parris to have a second choice. Roll call on the amendment: Council Member Hill — nay Council Member Parris — aye Mayor Dodd — nay Vice Mayor Mauti — aye Council Member Gilliams - aye Motion carried 3-2. Roll call for the second choice: Council Member Parris — Paul Gougelman Mayor Dodd — Gary Oldehoff Vice Mayor Maul! — Paul Gougelman Council Member Gilliams — Gougelman Council Member Hill — Gary Oldehoff Paul Gougelman was selected as the second choice. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Eight Roll call for the original motion to have a contract committee consisting of the City Manager, Chief Financial Officer and Mayor: Council Member Gilliams — nay Council Member Hill — aye Council Member Parris — nay Mayor Dodd — aye Vice Mayor Mauli — aye Motion carried 3-2. 20.010 B. Consider Liftina the Moratorium on the Spravino of Herbicides and Pesticides at the Citv Athletic Fields and Surrounding Common Areas (Transmittal. Memo) T20 pm The City Manager stated there is a problem with fire ants and mole crickets at the ballfields and parks. The Leisure Services Director said since he started with the City in December 2018, he has seen a big improvement with the ball fields at the Barber Streets Sport Complex with the two spray -certified employees who are dedicated to the maintenance of the park however since the moratorium they are starting to see issues with mole crickets, fire ants, and web worms. He said the fire ants have made Friendship Park unsafe at this time. Public Input Clesson Hammond, Columbus Street, said he is worried that the moratorium will lead to other parks being closed down, and asked why the two who are worried about the parks being closed vacuum up the ants so the parks can be open for kids. Lisa Boisvert asked why they were addressing this now instead of tomorrow at the workshop where a solution might be revealed. Mayor Dodd clarified that the workshop will not produce a solution but gather input. Ms. Austin said killing weeds is not the same as killing fire ants: she wouldn't send her kids to a field that has been sprayed. Chris Nunn, 709 Jordan Avenue, said he was representing a bunch of people that have kids, agreed that spraying for weeds is different than bugs. He supported treating the parks so the kids can get back to using the parks. Graham Cox 1213 George Street, said two basic elements of an integrated pest management plan is education and citizen involvement. He would be willing to put together a presentation of the products recommended by the Leisure Services Director once he knows what they are. Rene Boisvert asked if anyone looked to see if the chemicals staff wants to use are safe. Ben Hooker, Sebastian, said this started with the weed problem in waterways, now they are talking about pesticides. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Nine Cathy Brothers, 569 Ray Street, encouraged Council to reconsider the moratorium so the kids can get out and play. Dr. Robert Bedea said the fire ants could be treated with white rice and offered to donate a 50 lb. bag. Bob Stephen said they could spot treat the ants by feeding them something that will make them eat each other and then the nest self-destruct. He suggested hot water with vinegar will kill the nest; if the mowers will stake flags, volunteers can treat the nests. Amy Beenblossom suggested having high school students surround the anthill with molasses and spray orange oil on top which kills the ants. John Christino said he was floored that the City will not treat the fire ants. He asked Council to allow the City Manager to get the parks under control. He asked if anyone looked at the size of the ballfields, 1,000 volunteers would be needed to apply the suggested solutions. He asked for everyone to stop tying the City Manager's hands. Council Discussion Council Member Gilliams said he has visited all the parks and agrees there is a problem at Friendship Park. He said the purpose of the moratorium is to speed things up. He said he was willing to shut the park down until they solve the problem and would not support lifting the moratorium. The Leisure Services Director discussed alternatives Council Member Hill said glyphosate was the issue; the EPA and the state of Florida have stated these chemicals are safe in the manner that we use them, which are the goals of best management practices; people glom onto the science that agrees with their narrative. To give the City Manager a chance to try one of the alternative products, he recapped his motion to stop the use of glyphosate so the City Manager could test an alternative product until his report was ready but at the meeting that he made the motion, City Council banned everything having no idea of what pesticides and herbicides are used to make the parks safe and clean. He said best management practices maintain the City's assets in a way that is safe and effective. Council Member Hill said there will be those that deny the science and say the chemicals cause cancer but he bought a light for his boat that had a cancer warning; a ceramic toilet for his house that had a cancer warning on it. There is something in between dangerous poison and dumping stuff on the ants which is common sense, best management practices and real science that has been done by the universities and environmental protection agencies. It is not a good management practice to close the park because we are worried about chemicals that the scientists tell us are safe. He made a MOTION to lift the moratorium, and continue the ban on glyphosate using a product that the City Manager believes is safe. The motion died for lack of a second. Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Ten Vice Mayor Maul asked him if it would be best to have one more meeting to come up with a best practice method and take it from there. Council Member Hill said he was not opposed to that and noted the California management program recently suggested to them included the use of glyphosate. Vice Mayor Mauti suggested they should continue what they started. Council Member Hill said they should go forward but it is the job of the Leisure Services Director to move forward safely. Mayor Dodd stated there was no way that at the end of the next day's workshop they would be able to recommend what to use on the fire ants or come up with a best management system. He asked the Leisure Services Director if he would be able to salvage the fields for two more weeks. The Leisure Services Director said staff would have to play catch up at the Barber Street Sports Complex fields but he could not allow Friendship Park to be open under the current conditions. MOTION by Mayor Dodd and SECOND by Council Member Hill to lift the moratorium and allow the Leisure Services Department to treat the fire ants at Friendship Park to get it back into playable use. Roll call: Mayor Dodd — aye Vice Mayor Mauti — aye Council Member Gilliams — aye Council Member Hill — aye Council Member Parris — aye Motion carried 5-0. Mayor Dodd asked the Leisure Services Director to look for alternatives to treat the ballfields. Mayor Dodd called for a recess at 8:00 p.m. and reconvened the meeting at 8:06 p.m. 15. PUBLIC INPUT Bob Auwaerter, Vice Mayor of Indian River Shores and Chairman of the Indian River County MPO, requested their support of Senator Mayfield's bill SB 676 which will force the Florida Department of Transportation to set up safety regulations for the upcoming Virgin Train crossings. Mr. Auwaerter explained that Indian River County has an agreement with the Florida East Coast Railway that the County is responsible for safety features to which Virgin Trains claims that also applies to them however the County has filed a lawsuit that they will not be responsible for Virgin Train's safety measures. Clesson Hammond, Columbus Street, said if once a Council Member uses their personal Facebook and mentions the City's business, it becomes a public post. He asked if the City could look into who made the post that Council member Parris claims she didn't make and if it could come back. Bob Stephen, 150 Concha Drive, said as an environmentalist they have been misled Ben Hooker said a Council Member's personal Facebook page is their personal life. 10 Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Eleven Mr. Hooker said in his thinking the freight transportation will be more profitable than the commuter trains and noted there are no weeds in the tracks; the City might want to look into what they are spraying on the tracks. Christopher Nunn, Sebastian, said there are 119 days until the citizens can recall Council Member Gilliams and Parris. He described an incident he experienced with one of the Council Members until a police officer stopped him. Brian Bums, said he is a retired railroad locomotive inspector who said there is a push for the freight trains because there are too many truckers on the highways tearing up the roads. He said trains have automatic sensors to indicate if the fence is up or down. The railroad system needs to come to the County. Mr. Burns also said affordable housing is needed in Sebastian; and everybody on Council needs to get along because nothing is getting done. Dr. Robert Bedea said we have to agree to disagree and to work together as best we can. He said the federal organizations have failed the people in many cases. The community can decide our own best practices. The City Attorney advised the use of social media is a new area of the law that is developing on a regular basis. There has been a lot of discussion within attorneys as to how and when an official's public page can turn into a private page. The Attorney General has issued an opinion that you cannot be a private citizen while being in office —you can't escape it —the substance controls the communication. He said the safest approach is to keep city business on city pages and personal business on personal stuff. If someone sends you a message to your private e-mail, make a copy or screen shot and send it to the Clerk. Social media is a developing area of the law. 16. NEW BUSINESS 20.019 A. Consider the Sebastian River Area of Chamber Commerce's Request to Sell Alcohol at their Rhvthm on the River Concert Series and Receive Reimbursement for Two Concerts on Each Date Recuested (Transmittal. Current Aoreement. Aoolication. E-Mails. Mao) This item was pulled from consideration under agenda modifications. 20.020 B. Clarification on the Motion for the hiringof the Annexation Review Consultant (Transmittal. Minutes Excerot. Prcoosal) Mayor Dodd reminded Council that they are under gag order related to the annexation and the item pertains to continuing with Kimley-Horn or hiring a consultant. Vice Mayor Mauti said he would like to go forward with a RFP. Council Member Parris said there is negotiation between the City and County that needs to be addressed. Mayor Dodd advised the Chapter 164 process is not part of the RFP. He said he was in favor of continuing with Kimley-Hom. I Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Twelve Vice Mayor Mauti said the public was upset that there was lack of transparency on the annexation; he would like to show what happened, how it happened, how the vote went down, and make sure city did everything correctly; because Kimley-Horn is known to the City, there could be said, "Here's a cloud of impropriety." Mayor Dodd asked Council if they felt Kimley-Hom wouldn't be able to show there weren't any improprieties. Council Member Gilliams asked if they set this in motion and the judge remands it back to Council for a rehearing —where would they be with Kimley-Hom; or what if the judge rules in favor of the City, and this in process, where would they be? The City Manager said the motion was to look at all of the documents and see if Mr. Schulke's documents correlate with staffs documents; no matter what the judge decides he said a second set of eyes would be good. He requested direction on how to proceed. Mayor Dodd noted the third party document would be valuable in either direction. 8:43 pm Council Member Hill said if the review was important, they should go with Kimley-Horn so a document would be produced timely and relevant to the Chapter 164 process. MOTION by Mayor Dodd and SECOND by Council Member Hill to move forward with the review by Kimley-Horn. Roll call: Vice Mayor Mauti — nay Council Member Gilliams — nay Council Member Hill — aye Council Member Parris — nay Mayor Dodd — aye Motion failed 3-2. Given the unsuccessful motion, Mayor Dodd announced the City Manager was to procure a RFQ from a new consultant. 20.021 C. First Reading Ordinance No. 0-20-01 - Providiryl for Electronic Reoortin(&of Fire Prevention and Safely Inspections — Set Public Hearing for February 12. 2020 (Transmittal. 0-20-01 } AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ORDINANCE 0-19-06; FIRE PREVENTION AND PROTECTION; RENAMING ARTICLE II; ADDING NEW SUB SECTION (b) TO SECTION 42-28, TO REQUIRE ALL FIRE PROTECTION SYSTEM REPORTING BE SUBMITTED ELECTRONICALLY, AS SPECIFIED; RENUMBERING SUB SECTIONS (c) (d) IN SECTION 42-28; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-20-01. The Fire Marshal staled part of the duties of the Fire Prevention Office is to perform testing on fire systems on a regular basis and this ordinance will allow the inspection reports be uploaded and be readily available for review and allow deficiencies be corrected in a timely manner. He said the Construction Board unanimously approved the ordinance. 12 Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Thirteen MOTION by Council Member Hill and SECOND by Vice Mayor Mauti to approve Ordinance No. 0-20-01 on first reading with a unanimous voice vote of 5-0. The second reading and public hearing will be held February 12, 2020. 20.022 D. First Readina Ordinance No. 0-20-02—Reaardina Floodolain Manaaement — Set Public Hearin for February 12. 2020 (Transmittal. 0-20-02. E-Mail) AN ORDINANCE BY THE CITY OF SEBASTIAN, FLORIDA AMENDING THE CODE OF ORDINANCES CHAPTER 46 FLOODS TO MAKE MODIFICATIONS TO BRING THE REGULATIONS INTO CONFORMANCE WITH THE MOST CURRENT FEMA-APPROVED, FLOODPLAIN MANAGEMENT ORDINANCE FOR FLORIDA COMMUNITIES THAT IS COORDINATED WITH THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-20-02. The City Manager said this was required to be in compliance with the community rating systems which helps residents with their insurance and recommended approval. MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Ordinance No. 0-20-02 on first reading with a unanimous voice vote of 5-0. The second reading and public hearing will be held February 12, 2020. 20.023 E. Consider Revisions to Resolution No. R-15-10 — Citv Council Meetina Procedures !Transmittal. Draft R-20-02. R-15-10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. R-15-10; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-20-02. Mayor Dodd announced the only change was on page 149 where Public Input was moved to follow Proclamations, Awards, Brief Announcements. There were no other changes recommended. MOTION by Mayor Dodd and SECOND by Council Member Gilliams to approve Resolution No. R-20-02 passed with a voice vote of 4-1. 17, CITY ATTORNEY MATTERS 20.024 A. The Sunshine Law The City Attorney slated he was asked to review the Natural Resources Board meeting where two Council Members attended. He said that he watched the video and wanted to clarify when an official approaches the podium and states, "I'm here as a private citizen .. " that official cannot step out of the public official role to comply with the Sunshine Law. He advised that when two members want to attend another board's meeting to discuss things, that meeting should be noticed as a "joint meeting." 13 Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Fourteen He said at the Natural Resources Board meeting, the things Council Member Parris said were innocuous and while Council Member Gilliams got more into the business side, there was no back and forth conversation with another Council Member. He said there is an Attorney General's Opinion (AGO) that if an elected official puts something out there, one-way, as long as nobody responds, it's not a Sunshine violation. He cautioned that while he did not find any Sunshine violation with the Natural Resources Board meeting, it is ultimately up to the State Attorney to pursue anything. In regard to whether there was a secret ballot that took place when the Council Members chose the short list for attorney candidates, generally speaking, the AGO states staff cannot hand out slips of paper that are counted on the dais and then disposed of. The opinion states written ballots are okay but they have to have the name of the Council Member and the ballot has to be retained which was the case. In his opinion, there was no violation with the ballot either. 18. CITY MANAGER MATTERS - None 19. CITY CLERK MATTERS - None 20. CITY COUNCIL MATTERS A. Council Member Parris commended staff for the grant writing they are doing. She said contrary to other Council's opinions, she believed the citizens are educated in voicing their opinions on the glyphosate research; she applauds the trial of the Whack Out Weeds herbicide and she invited people to have coffee with her to form their own personal opinion of her. B. Vice Mayor Mauti encourage everyone to support Senator Mayfield's bill regarding the high speed train. C. Council Member Gilliams — None D. Council Member Hill said he is very appreciative and proud of staff. He stated he has seen difficult limes before for staff; the rough waters will smooth out. He thanked staff for everything that they do. He stated he voted no on moving the public input which seems to be needed now and he apologized to the public for the constant interruptions. E. Mayor Dodd i. Recons`der fnotjon passed at December 11, 2019 meelinq to not hold a hearing for r. a ea and his appointment to Natural Resources Board This item was pulled from consideration due to Mr. Bedea's resignation. 14 Community Development Department Overview Workshop CRA & Regular Council Meeting January 22, 2020 Page Fifteen ii. Direct the Citv Manner to write a letter to the Indian River Countv Deleoation in 0000sition of SB1128 which will take awav local government abilitv to reaulate short term rentals. Mayor Dodd stated SB1128 preempts local government's ability to regulate short term rentals. He said the City has a good policy in place that verifies the landlord is taking care of the safety aspects. He proposed that the City Manager to write a letter to the Indian River Delegation opposing S81128. Vice Mayor Mauti asked that the City's ordinance be reviewed so that what is happening in Sedona, Arizona where developers are driving the affordable rentals out of the area and building minor subdivisions for the sole purpose of making rental communities doesn't happen in Sebastian. It was the consensus of Council to write a letter opposing SB1128. iii. Direct the Citv Managper to write a letter to the Indian River Countv Delegation in opposition of SB998 and SB818 which will take awav local government abilitv to reoulate mobile home reconstruction and accessory structures. Mayor Dodd said SB998 would take away local government's ability to regulate accessory structures. It was the consensus of Council to oppose the bill and preserve their local government control. iv. Discuss SB 676 which will provide safetv reaulation to hiah-soeed rail. Mayor Dodd said there are some provisions in SB676 that would require safety measures on the part of the railroad through their path through the City. It was the consensus of Council to support this bill by Senator Mayfield. Mayor Dodd also thanked staff for all the hard work that they do. 21. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 9:15 p.m. Approved at the February 12, 2020 Regular City Council Meeting Mayand JATTEST.: 1�,I`'I'%p�7'`*�t,,'v,`^n�' tte Wa - - CitY Clerk 15 1/28/2020 m In HOME OF PELICAN ISLAND City of Sebastian Community Development Department Overview Presentation January 2020 WORKING TOGETHER FOR THE COMMUNITY CDD BWLDING MI5 oEPr LEISURE FINANCE SERVICES PROCUREMENT ENGINEERING t/zs/zozo OUR STAFF Lisa Leger- Frazier, M.S., AICP - Director/CRA Manager Dorri Bosworth, APA - Planning Manager Robert Loring, Assoc. AIA/APA - Senior Planner Michelle Faulkner, CFM - Planner Kimberly Haigler, M.S. - Environmental Specialist/GIS *Ron Paul -Administrative Support* CD] GRANTS: 52S EVENTS FSL ECONOMIC DEVELOPMENT MAINTENANCE PROJECTS FrC RA NATURAL INITIATIVES RESOURCES BOARD EDUCATION PERMITTING NATURAL RESOURCES PLANNING LAND AND ZONING DEVELOPMENT COMMISSION CODE GIS/MAPS PERMITTING ZONING NERNAVECOM ENSIVE DEVELOPMENT N ORDERS PROGRAMS PLANNING 1/28/2020 GRANTS/ALTERNATIVE FUNDING • APPLICABLE PROJECT/PROGRAM IDENTIFIED - BUDGET, PLAN, PROGRAM - MATCH DOLLARS OR IN KIND SERVICES -SCHEDULE, STAFF, RESOURCES, OWNERSHIP - PARTNERSHIPS - PAST HISTORY WITH AGENCY • ADMINISTRATION • PROJECT MANAGEMENT CDD CURRENT GRANTS 2019/2020 • FIND (WORKING WATERFRONT IMPROVEMENTS; $170,000) • FEMA (STONECROP; $645,000) • IRL COUNCIL (S2S; $100,000) • CDBG (HOUSING REHAB & SIDEWALKS; $124,000) • FDOT (US 1 CORRIDOR IMPROVEMENT PLAN; $150,000) TOTAL: $1,189,000 5 1/28/2020 INITIATIVES for 2020 • SJRWWMD Grant February 2020 • Website Update March 2020 • CRS Rating (Flood Insurance) April 2020 • 2020 Census April 2020 • Sustainable Sebastian June 2020 • Comprehensive Plan Update September 2020 • Planning Review Process September 2020 • CDBG Programs September 2020 1/28/2020 Planning & Zoning Overview Legislative Authority • Defined in Sections 163.3201FS and 163.3202FS ➢ Local governments shall adopt or amend and enforce Land Development Regulations ➢ Regulate the subdivision of lands ➢ Regulate the use of lands ➢ Provide for the protection of potable wellfields • Regulate areas for drainage and storm water management ➢ Ensure the protection of environmentally sensitive lands ➢ Regulate Signage D Provide for concurrency management ➢ Ensure the Health, Safety, and Welfare of the general public 1 1/28/2020 How do we implement this?? • The authority is manifested in the City's Land Development Code (LDC) • LDC's requirements & regulations are representative of the community's vision and values • The Community Development Department is responsible for administration of the LDC Types of Applications • Site Plans, Modifications, and Redevelopment • Preliminary and Final Subdivision Plats • Planned Unit Developments • Land Use and Zoning Change Requests • Voluntary Annexation Requests • Comp Plan and LDC Amendments • Special Exceptions, Conditional and Special Uses, and Variances N 1/28/2020 We're Busy! -.. Subdivision Planning Subdivisions are regulated under FS 177.011 and Article 19 of the Land Development Code Subdivisions are the outcome of dividing larger parcels of land for specific uses; generally for single-family residential uses, or other uses such as commercial parks, industrial center, or mixed use subdivisions, Le. PUD's (Planned Unit Developments( Staff review Includes insuring adequate Infrastructure can service the site; ample ingress and egress exists; that newly formed lots are compliant with the zoning code, and that traffic and pedestrian safety are maintained. Preservation of exceptional specimen trees on site where possible or requiring mitigation trees in lieu of preservation; protection of wildlife and waterways are also vital components of Subdivision Planning review. 1/28/zozo Site Planning • Site Plans are regulated by Article 18 of the Land Development Code • Site Plans are required for parcels within any Commercial, Industrial, Public Service, or Multi -Family zoned property • It is the method by which we can measure a project's standard of construction and compliance with all City based Land Development regulations • It is vital for ensuring that all properties are safe for use by the general public, have adequate ingress/egress and parking, and an efficient drainage design • Per the LDC, site plans are generally approved by a quasi-judicial public hearing before the Planning and Zoning Commission or City Council Plan Review Process Land Development Code Articles 18 & 19 • Pre -Application Meeting - Generally consists of meetings or telephone conversations with a developer and city staff • Formal Application -The developer or petitioner provides the Community Development Department with an engineered plan and all required documents; fees are paid and the review process formally begins • Application Disbursement- Proposed plans are distributed to jurisdictional agencies and city departments for compliance review • Review Comments received (where applicable) from: D Engineering Staff D Building Official and Fire Marshall D Planning D IRC Utilities I RINKIN D Environmental Health cne D IRCTraffic and Engineering o p D Storm water ° �] 1/28/2020 Plan Review Process continued • Revisions are submitted and reviewed • Additional Comments if necessary • Project is scheduled for a Public Review Hearing with required legal notices & letters sent to surrounding property owners • If approved, Developer applies for appropriate permits • Project Concludes with final zoning inspection to determine compliance with the approved development plan. • Certificate of Completion or Final Plat issued. 1 Site Plan Process • Our Goal for 2020 is to reduce our review processes. • we are looking at implementation of synoptic reporting so that all stakeholders are immediately aware of their progress In the application review. • We are looking to implement a new Development Procedures Guideline. • We are looking to re-examining the Administrative threshold criteria for certain projects to create better efficiencies In the Developmental Review process. • We are looking at creating better defined regulations for Architectural Review in the Riverfront Overlay District. T,,ther Everyone M. 5