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HomeMy WebLinkAbout04-28-2021 CC MinutesLin a S HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MEETING & COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES WEDNESDAY, APRIL 28, 2021 —6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. Pastor Sidney Nelson, Christ the King Lutheran Church, gave the invocation by Zoom. 3. Council Member Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd (Zoom) Vice Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frasier Community Development Manager Dori Bosworth Community Development Planner Robert Loring Public Facilities Manager/Airport Director Scott Baker Leisure Services Director Brian Benton Public Works Director/City Engineer Ken Griffin Police Lieutenant Robert Vafiades 5. AGENDA MODIFICATIONS Modifications, for additions require a unanimous vote of City Council Vice Mayor Hill stated the Proclamation for Mental Health Awareness would be removed from the agenda and placed on the May agenda. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Prosemations of proclamations, certificates and awards, and brief timely announcements by Council and Stall, No public input or actions under this heading. 21.045 A. Proclamation — Mental Health Awareness Month — Mav 2021 To be on nerd agenda. 21.046 B. Certificate of ADDreciation to Patrick Powers— Natural Resources Board Service Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 2 Vice Mayor Hill read and presented the certificate to Mr. Powers. Brief Announcements: • May 7, 2021— Chamber of Commerce Concert in the Park — 5:30pm — Bpm - The Jacks Band (Rock, Blues, Swing and Classic Dance Music) • May 8, 2021 - Craft Club of Sebastian in Riverview Park 10am — 3pm Vice Mayor Hill announced the upcoming events. 7. PUBLIC INPUT Andrea Ring, Quarry Lane, said the Facebook live feed of the meetings is a half -minute ahead of YouTube so she can understand the confusion when people try to come on Zoom to speak to them. 6:06 pm She said there is still editing being done on the committee's minutes because she was edited out of the August 31, 2020 Citizens Budget Review Advisory Board meeting. She said she wanted the public to know that what they see on YouTube is not what they see at the committee meetings. Charlan Thomas, 318 Faith Terrace, said she and her neighbors in the audience, were there because they have an issue with the extreme commercial grade LED lighting their neighbor has in his yard at 310 Faith Terrace from dusk to dawn. She displayed some pictures taken of the lighting stating she does not get to experience nighttime at her house; Code Enforcement has advised her to put up black out drapes and the City Manager has asked her to do some research. She also displayed a picture of a tent the same neighbor has on the side of his house where he stores salvage metal. Vice Mayor Hill said he would speak to the City Manager, Karen Schultz, 301 Faith Terrace, said the neighbor lives directly across the street from her. She said the neighbor takes apart appliances which is very noisy and an eyesore and displayed additional pictures. Vice Mayor Hill advised Council could not take action but he would have a conversation with the City Manager. Sybil O'Connor stated a license was needed to collect scrap metal year round and she has been advised that it was illegal to open up refrigeration and let it into the air. 8. Vice Mayor Hill recessed the City Council meeting and convened the Board of Adjustment meeting at 6:18 p.m. A. Aooroval of December 9. 2020 Board of Adjustment Minutes MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the December 9, 2020 Board of Adjustment Meeting minutes passed with a voice vote of 5-0. Sebastian City Council Regular Meeting, BOA & CR4 Meeting April 28, 2021 Page 3 B. Quasi -Judicial Public Hearina i. Variance re( est from Mr. & Mrs. Nicholas Wanklvn for their ppropperly located at 156E Pleasantview Lane from Land Development Code Section 54-2-7.5(c) (4) and 54-2-7.5(cl (6) to allow construction of an accessory structure which would exceed the 1.000 square foot maximum allowable area by a total of 176 feet in the RS-10 Zonina District. and exceed the height of the 9Hncioal structure by 1.6 feet (Transmittal. Staff Report. Exhibits. Criteria. Application) Vice Chairman Hill opened the hearing at 6:18 p.m. and the City Attorney read Mr. and Mrs. Wanklyn's request. There was no ex parte communication or site visits to disclose by the board members. The City Clerk swore in all who would provide testimony. Mr. Wanklyn, 1566 Pleasantview Lane, displayed a picture of the property and said they were requesting two variances to construct a structure with a 14 foot door to match the pitch of their house with a larger floor plan and two automotive bays. The Community Development Planner cited section 8 and 9 of the staff report indicating staffs recommendation to deny the variances. (See attached) Mr. Jones asked if the applicant was aware of the limit set by code and still went ahead with planning the garage. The Community Development Planner said he was and still wanted the proposed structure. Mr. Nunn asked how the two other properties shown on pages 24 and 25 were found to be in compliance. The Community Development Manager stated those were previous applications that met the code at the time of approval. In response to Vice Chairman Hill, Mr. Wanklyn said the height is required to get his recreational vehicle into the building and the pitch must match his house; and he planned to increase the existing concrete pad on the property. Also in response to Vice Chairman Hill, the Community Development Manager stated the height is relative to newer homes in the area as Mr. Wanklyn is in a little bit of a disadvantage because his home is older. There was no one from the public to speak in favor of the variance. Chairman Dodd said he would support the height request. There was no one from the public to speak in opposition of the variance. Mr. Nunn asked if he could build two single car garages. Mr. Wanklyn explained he likes to work on hot rods and would prefer to have two stalls to work on the cars, noting the building would be more useful for his intended purpose with the additional 176 sq. ft. Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 4 The Community Development Manager said staff would recommend the denial for the size of the structure but approve the height if he could reduce the structure to 1,000 sq. ft. Vice Chairman Hill said he would favor the increase in the height because it needs to match the slope of the house but only allow 1,000 sq. ft. for the structure. Messrs. Jones and Nunn agreed. MOTION by Mr. McPartlan and SECOND by Mr. Jones to approve the request for the height and stay within 1,000 sq. ft. for the structure. The City Attorney requested a point of clarity noting on page 6, staff also recommended that the existing shed be removed and the structure be built within a year. The Community Development Manager stated they could add that to the motion but Mr. Wanklyn does have to bring this before the Planning and Zoning Commission who could require the shed be removed; however, staff is requesting the variance expire after 12 months. Roll call: Vice Chairman Hill - aye Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd - aye Motion carried. 5-0 9. Vice Mayor Hill adjourned the Board of Adjustment meeting and convened the Community Redevelopment Agency meeting at 6:44 p.m. A. Approval of Minutes — February 10, 2021 CRA Meeting B. Approval of Minutes — March 24, 2021 CRA Meeting MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve both the February 10, 2021 and March 24, 2021 CRA minutes passed with a unanimous voice vole. (5-0) C. Septic -to -Sewer Procram I. Consider Grant Request for 13050 U.S. Highway 1 — Chandler Holding, LLC — Commercial Building (Transmittal, Application, Quote, Tax Receipt, Deed, Letter) The City Manager asked the Board to approve the request. MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the grant request from 13050 U.S. Highway 1. There was no public input. Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 5 Roll call: Mr. Jones - aye Mr. McPartlan -aye Mr. Nunn -aye Chairman Dodd - aye Vice Chairman Hill - aye Motion carried. 5-0 10. Vice Mayor Hill adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:45 p.m. 11. CONSENT AGENDA A. Approval of Minutes — April 14, 2021 Regular City Council Meeting 21.047 B. Approve the Use of Discretionary Sales Tax Reserves in the Amount of $28,518.03 for the Upgrade of the Email Server Licenses Using State Contract #43230000-15-02 with SHI International Corp. as the Sole Source Provider in the Total Amount of $28,518.03 (Transmittal, Quote, State Contract Info, Sole Source Memo) MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve consent agenda items A and B. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. (5-0) 12, COMMITTEE REPORTS & APPOINTMENTS 6:46 pm Council Member Nunn reported that he attended the Indian River County Affordable Housing Committee where they anticipate more funding which will benefit their whole purpose. He requested that the City identify and modify any laws or ordinances that might push back against the effort to implement affordable housing. The City Manager advised there are some policies included in the 2040 Comprehensive Plan update. 13. PUBLIC HEARINGS - None 14. UNFINISHED BUSINESS — None 15. NEW BUSINESS 21.012121.040 A. Approve CSA#8 with Infrastructure Consultina and Encineerino. Inc. for Biddino Services. Construction Manaaement. Construction Enaineerina and Inspection Services Relative to the Construction of a New Taxi Lane to Su000rt the Future Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 6 Hangars: Repair of Taxiwav Aloha: and the Develowent of the Future Square Hanaar Site at Sebastian Municipal Airport in the Total Amount of $150.595 (Transmittal. CSA#8. Combined Project Plans) The City Manager said this agreement would repair Taxiway A and help develop the taxiway to the site of the future square hangars on the western edge of the airport. He said this is another grant where the City only has to pay 5% of the project and asked for Council approval. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve CSA#8 with Infrastructure Consulting and Engineering, Inc. There was no public input Roll call: Council Member Nunn - aye Mayor Dodd - interrupted bandwidth Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Motion carded. (4-0) 21.048 B. Aogrove CSA#1 with Arcadia U.S.. Inc. to Provide Stonnwater Master Plannina and Professional Enoineedno Setyices in an Amount Not to Exceed $700.000 to Prepare an Updated Slormwater Master Plan (Transmittal. CSA#1. Pr000sal) The City Manager said the consulting agreement was awarded to Arcadis last October to help with several items, one being a stormwater master plan that will be a comprehensive, living breathing document. 6:53 pm Freddy Betancourt, Project Manager, Arcadia, U.S., Inc. introduced himself and presented a PowerPoint presentation to go over what will be included in their scope of services. (See attached) Mr. Betancourt said they want to focus on identifying gaps in the City's current information and create a model that covers all bases, so when a decision is made upstream they will know what will impact downstream; and they will hit all the pinch points in the system to come up with solutions that will be implementable and have a benefit cost analysis that will support the applications for funding. Vice Mayor Hill said the ability to get into the billions of dollars of grant funding will be critical to get certain infrastructure improvements done such as the stormwater canal system. He said he was in favor of the CSA. Council Member McPartlan said he likes comprehensive plans but his hesitation was not knowing what the cost was going to ultimately be for the City, such as could it be $10M spaced out over ten years? He noted in the past, the Council has not had the appetite to go forward with the larger expenses such as the canal walls. He said if they go forward, they have to be committed, he did not want to see a year skipped and then they continue Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 7 to kick the can down the road. He commented that they will have to commit to the plan without knowing the dollar amount or seeing the plan. Vice Mayor Hill agreed and noted the cost to allow the infrastructure to continue to crumble could be even greater but what he liked about the proposal is that will be comprehensive and fluid as adjustments could be made as they go along. Council Member McPartlan said it would great to have public workshops and have the community come out. Council Member Nunn said their job was to do the right thing and get the master plan moving forward; this was the first step in getting the problems fixed. Mr. Betancourt noted they will determine funding strategies once they determine the costs of the program. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve CSA#1 with Arcadis U.S., Inc. to Provide Stormwater Master Planning and Professional Engineering Services Andrea Ring said there are rive areas in the City that they know are problems today and asked how this plan will help those residents today. Mayor Dodd said there are two efforts ongoing right now, one being a herculean job by staff given the very little flooding they experienced during a recent monster rainstorm and the planning effort. He said the Arcadia proposal appears to be a true plan that will lay out the systems and how they need to modify the systems to get the Flow correctly. He said he was in favor of voting for the plan. Roll call: Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21.043 C. Award the Desion Build Guaranteed Maximum Price Work Services Agreement (RFQ 21-04) with Ferreira Construction Southern Division Co.. Inc. for the Yacht Club Seawall Reolacement in an Amount Not to Exceed $368.786.39 (Transmittal. Proposal. Agreement) The City Manager said the sea wall is unrepairable at the Yacht Club; staff has been able to negotiate a contract with Ferreira Construction and asked Council to approve the agreement. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve the agreement (RFQ 21-04) with Ferreira Construction Southern Division Co., Inc. to repair the Yacht Club seawall. There was no public input. Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 8 Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 16. CITY ATTORNEY MATTERS The City Attomey reported that the Charter Review Committee completed their task last night and will bring their recommendations to the May 12' Council meeting. He complimented the Committee for their hard work which they completed in a short amount of time. He advised that he will be on military leave next week and if he is needed, he will be available by phone or computer after 4:30 p.m. In regard to Andrea Ring's comment that he didn't answer an e-mail from her, he will look at his e-mails, and if appropriate, he will respond to her. He noted that he represents City Council and may not be able to answer her concern. 17. CITY MANAGER MATTERS The City Manager noted that July 0 falls on a Sunday and groups that participate in the parade are asking to move the celebration to Saturday, July 3r°. He said that he did contact the fireworks vendor who reed to move the fireworks to Saturday which lightens his staffs workload for the 49 and he asked for approval from Council. It was the consensus of Council to move the celebration to Saturday, July 3t'. The City Manager reported that FPL is in the process of securing non-exclusive easements from residents to place transformers in their front yards and the City's right- of-way. He said he has set up a meeting to discuss the operation with a FPL representative the following morning. He cautioned the residents that if they sign an easement for their property, other utilities could use the easement as well. 18. CITY CLERK MATTERS - None 19. CITY COUNCIL MATTERS A. Vice Mayor Hill - None B. Council Member Jones — None C. Council Member McPartlan Council Member McPartlan announced the Veterans Council of Indian River County was awarded an Impact 100 grant and they were still looking for veterans that might need home improvement help. Sebastian City Council Regular Meeting, BOA & CRA Meeting April 28, 2021 Page 9 He said he was watching the Charter Review meetings and attended the Florida Department of Transportation meeting where he was disappointed that no one is coming to the public meetings. He noted there are comments on social media complaining about the proposed roundabout but no one is coming forward with a solution or where the roundabout should be. He said he would like to see more public involvement. D. Council Member Nunn Council Member Nunn said probably a month after they made a decision on the old hotel, he saw people complaining about it on social media and wondered why they didn't come to the public meeting. He asked the public to let Council know what they think by coming to the meetings. He thanked the City Attorney for his continued military service. E. Mayor Dodd Mayor Dodd gave kudos to the Natural Resources Board for the job they did on the Earth Day Celebration. It was a fantastic event with great opportunities for the kids and he learned some things about sea grass. He said the Treasure Coast League of Cities and the Florida League of Cities is trying to set up Zoom classes on Home Rule in the northern part of the county. He asked Council if they would be interested in supporting this effort by allowing the Zoom hosting to take place at City Hall. There was no objection from Council in having Mayor Dodd set something up. He said that he didn't think people were as happy as Council thinks they are with what they are doing and asked that people come back to the Council meetings. Council Member Nunn announced that Indian River County still had a lot of money left for mortgage and rental assistance if anyone was in need. 20. Being no further business, Vice Mayor Hill adjourned the regular City Council meeting at 7:25 p.m. Approved of the May 1 Z 2021 Regular City Council Meeting. Mayor Ed Dodd - p/ ATTEST: 4 PIrANe Jeanette Wil rams, City Clerk ISSUES ORIGINATING FROM 310 FAITH TERRACE FIRST ISSUE —The appearance and existance of extreme commercial lighting "You shouldn't need sunglasses at night" A. Owner has commercial grade LED outdoor stringlights that are kept on from dusk to dawn and are visible for over 900 feet up Faith Terrace from S. Wimbrow Drive. This lighting has been an annoyance among many neighbors by lighting up surrounding properties. This is not security lighting in any way. You can't point flood lights at a neighbor's house, so how can 100 bright lights that run almost the entire length of his yard, twice around, be acceptable? They are just as bright and annoying. B. When I called the police, I was told to call Code Enforcement. When I spoke to Code Enforcement, I was told to call the police. The police said "Just get blackout drapes" and when a neighbor called the Code Enforcement office, the same thing was said. Is it really their place to tell residents what window treatments to use inside their homes? It boiled down to the fact that they were just trying to avoid addressing the situation. C. IRC Environmental Control Board House Bill. 666 Sec. 2: The purpose of this legislature states that pollution includes any contaminates or synergistic agents that unreasonably interfere with the comfortable enjoyment of life or property. D. Same House Bill Sec. 3.1 -states the following definition: "Environment" shall include a person's surroundings which effect the reasonable enjoyment of life or property. These lights negatively affect other neighbors' environments. E. Same house Bill Sec. 3.2 — Definition of "pollution" is the presence in the environment which unreasonably interferes with the enjoyment of life or property. These lights are an environmental pollutant and also a senseless waste of energy. F. The City of Sebastian Code of Ordinances definitions Sec. 66-1 (6): States a nuisance is anything that essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others. Both of these apply to this lighting situation. G. One of the counties researched was Broward county. They have a lighting ordinance that states the definition of "light trespass" is light that illuminates surfaces beyond the property boundary. Light trespass can also be described as light that extends into an area where is it not wanted or needed. The term "light spillage" is another definition that can be used in this instance. An ordinance of this type would be a welcomed addition to the Codes of the City of Sebastian. I want to mention that a member of IRC Code Enforcement was very helpful in the research of IRC and other city/county lighting ordinances and I greatly appreciate all of the information that was provided to me. 2. Second issue with 310 Faith Terrace — The unsightly structure in front of the house A. Owner has a loosely covered metal framed structure in front of his house, on his driveway, which is used to store recyclable junk, cut up metal pieces and a broken down truck. The plastic tarp covering of the metal frame structure has been left on to the point of shredding and falling apart. This structure is an unsightly eyesore and can be seen all the way up Faith Terrace from S. Wimbrow Drive, just like the lights at night. The ordinance regarding trailers, removable structures, boats, RV's, etc. require them to be beside or behind the front line of the dwelling. A side load garage should not be the reason that this is being allowed. Shouldn't the ordinance be amended accordingly? B. Owner takes in old appliances and metal objects and breaks them down to take to the metal buyer at the dump for money. This has included refrigerators and A/C's which is also an environmental issue. The outrageous noise that is generated when he is cutting metal and stripping copper wire is very loud and disturbing to myself and nearby neighbors. If there is money being made doing this, would it also be considered tanning a business? As a note, a realtor recently approached the Owner's next door neighbor and stated that this structure and activity depreciates the value of the surrounding properties. This is of great concern to many of the homeowners on Faith Terrace. C. Another concern is that the cut up metal and other objects stored in this structure are not securely enclosed. A hurricane or strong winds could create a potential hazard of flying debris to surrounding properties. D. Each of the codes and definitions stated for the lighting issue also pertain to this issue. This means that this structure essentially interferes with the comfortable enjoyment of life and property and/or tends to depreciate the value of the property of others. In conclusion, the residents of Faith Terrace are here tonight asking you seriously look at how the owner of 310 Faith Terrace is infringing on his neighbor's quality of life by being allowed to power up bright lights continuously ALL night, EVERY night, keep an eyesore structure in front of his house and engage in a disturbing salvage operation. These issues are very detrimental to our lives and our properties and we are hoping you will help us get back to a better life in this beautiful town we live in. Thank you. . NEIGHBORHOOD PETITION We, the undersigned residents with the names and addresses listed below, are able and willing participants is this petition against the excessive lighting recently installed around certain palm trees located at 310 Faith Terrace, Sebastian, FL 32958 owned by Raymond McDermott. This excessive lighting is being seen as a form of intentional harassment towards Mr. McDemott's immediate neighbors, mainly the resident of 318 Faith Terrace and also the residents of 301 Faith Terrace and is also an irritating eyesore to residents living on and around Faith Terrace. The excessive lighting and intentional form of harassment on 310 Faith Terrace can be interpreted under the City of Sebastian City Ordinance definitions of "Nuisance" listed in Sec. 66-1. Items (3), (5) and (6). The actions of Mr. McDermott and also of Mr. Norman R. Witkowski, Jr, resident of 334 Faith Terrace, have been reported to the City of Sebastian Police Dept. and reports have been made regarding these obvious harassment issues. We, the undersigned residents, collectively, are asking the City of Sebastian Dept. of Code Enforcement to help the residents of our neighborhood and we ask that a time limit curfew of 11:00 p, m, be placed on the excessive lighting displayed at 310 Faith Terrace by Raymond McDermott. Petitioning Residents: SM ADDRESS: ( 11 rl� /J3. dlOr4. Ida/ Als ;7- ICU ItrA, 1h s.c�eZU � aZc1Di?rfh !t IrA� S� / l 11. 6,11 �/J 1 C,r-P✓q rl / 2Z./ %i n. ti 7! A/ 12. ti _.ter �2% �lwy.� �f 7� 7-1 1 R,) iti (Lam-- 13. 1a. 16. 19. Thank you. l Q,T)v. Incrace 3 8 P- F4 li T /-,, -C �,,