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HomeMy WebLinkAbout02-09-2022 CC Minutes\m If HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 9, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dom Bosworth Public Works Director/Engineer Karen Miller Leisure Services Director Brian Benton Public Facilities Director/Airport Director Scott Baker Police Captain Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Brief Announcements: Thursday, February 10 - Operation New Day at Riverview Park - 5:30 pm - 9:00 pm Saturday, February 12- Craft Club of Sebastian Show at Riverview Park -10 am - 3 pm Saturday, February 19 - Sebastian River Art Club at Riverview Park - 8 am - 4 pm Monday, February 21- Presidents Day Observance — City Hall Closed Mayor Hill announced the upcoming events. PUBLIC INPUT Pete Puzzo, Commander of the Sons of the American Legion Squadron 189, displayed a photo of a POW/MIA monument the squadron would like to propose for Riverview Park Regular City Council Meeting February 9, 2022 Page 2 at the south of the Veterans Memorial circle. (see attached) He said there are 82,000 Americans still unaccounted for since WWI and this would be dedicated to their honor. It was the consensus of Council to have his proposal on a future agenda for approval. 8. CONSENTAGENDA A. Approval of Minutes — January 26, 2022, 1:00 p.m. Workshop B. Approval of Minutes — January 26, 2022, 5:00 p.m. Workshop C. Approval of Minutes — January 26, 2022 Regular City Council Meeting 22.028 D. Approval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2022-2023 (Transmittal, Calendar) 22.029 E. Prior Authorization for Council Travel to Florida League of Cities Advanced Institute for Elected Municipal Officials II — April 29-30, 2022 at the Hilton Cocoa Beach (Transmittal, Curriculum) 22.030 F. Approve the Joint Special Event Agreement with the Lion's Club of Sebastian for the Annual Fourth of July Festivity Celebration and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement) 22,031 G. Award ITB#22.02 to Conlon Landscaping for Right of Way Swale and Ditch Mowing Services to Begin February 2022 for a Two Year Term with the Option to Extend for Two (2), One (1) Year Terms (Transmittal, Bid Sheets) 22.032 H. Award ITB#22-05 to Florasod LLC and Anthony's Lawn and Landscaping for Sod as Needed to Begin February 2022 for a Two Year Term with the Option to Extend for Two (2), One (1) Year Terms (Transmittal, Bid Sheets) 22.033 I. Award ITB#22-01 to A. Thomas Construction, Inc. and Timothy Rose Contracting, LLC for Concrete Services as Needed for Begin February 2022 for a Two Year Term with the Option to Extend for Two (2), One (1) Year Terms (Transmittal, Bid Sheets) Council Member Dodd asked to pull Item G. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve consent agenda items A. B, C, D, E, F, H and 1. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 Regular City Council Meeting February 9, 2022 Page 3 Item G — Riaht of Wav Swale and Ditch Mowina Services Council Member Dodd said Council receives a lot of communication from residents regarding swale cutting and he wanted to highlight the signing of the $48,000 contract to continue with the swale cutting to propagate that issue. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS 22.022 A. Citizen Budaet Review Advisory Board (Transmittal, Applications, Advertisement, List) Interview, Unless Waived, Submit Nominations for One Additional Member Position —Term to Expire November 2022 Council Member McPartlan nominated Mr. Newhart. Council Member Nunn nominated Mr. Sullivan. Roll call on the nominations: Council Member McPartlan - Newhart Council Member Nunn - Sullivan Mayor Hill - Newhart Vice Mayor Jones - Newhart Council Member Dodd - Newhart Dave Newhart was appointed to the vacant additional member position. MOTION by Council Member Dodd and SECOND by Council Member Nunn to waive the advertising requirement and nominate Ms. Reed for the vacant alternate member position passed with a unanimous voice vote. 5-0 22.034 B. Plannino and Zonina Commission (Transmittal, Applications, Advertisement, List) Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position —Term to Expire November 1, 2023 Council Member Dodd nominated Ms. Kinchen. Council Member McPartlan nominated Mr. Chdstino. Roll call on the nominations: Council Member Nunn - Kinchen Mayor Hill - Kinchen Vice Mayor Jones - Kinchen Council Member Dodd - Kinchen Council Member McPartlan - Kinchen Linda Kinchen was appointed to the unexpired, regular member position. Regular City Council Meeting February 9, 2022 Page 4 Mayor Hill announced that Council Member Dodd was appointed the chairman of the Indian River County MPO Committee earlier in the day which is a prestigious distinction as they plan the roads and infrastructure in the County for 45 years and out. 10. PUBLIC HEARINGS 21.016 A. Public Hearing and Second Readinp - Ordinance No. 0-21-18 — Providinc for Adootion of the Citv of Sebastian Comorehensive Plan 2040 Private Prooertv Richts Element (Transmittal. 0-21-18. Ex. A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTE; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040 PRIVATE PROPERTY RIGHTS ELEMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:13 p.m. and the City Atlomey read the title of Ordinance No. 0-21-18. The City Manager said this ordinance is a statutory requirement to include a property rights element in the City's comprehensive plan. There was no public input. Mayor Hill closed the public hearing at 6:15 p.m. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-18. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21.138 B. Public Hearinc and Second Readin�a Ordinance No. 0-21-14 — Petition for Voluntary Annexation — Fischer's 99 Street Prooertv. 1.47 Acre Parcel. 10105 Industrial Park Blvd. (Transmittal, 0-21-14. Ex. 1) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 1.47 ACRES, MORE OR LESS, LOCATED SOUTH OF VICKERS GROVE MINE AND SURROUNDED BY INDUSTRIAL LAND, WEST OF THE FEC RAILROAD AND NORTH OF 99TH STREET IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:15 p.m. and the City Attorney read the title of Ordinance No. 0-21-14. The City Manager said this is an enclave that will help clean up the City's boundaries and asked Council for approval. Regular City Council Meeting February 9, 2022 Page 5 Attorney Warren Dill introduced Dr. Henry Fischer, Joe Schulke, P.E., and Laura Peterson, real estate representative, to answer any questions they might have for their nine items on the agenda tonight. There was no public input. Mayor Hill closed the public hearing at 6:19 p.m. MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve Ordinance No. 0-21-14. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 21.138 C. Public Hearip and Second Readingp - Ordinance No. 0-21-19 - Ree)�]]uest for Comorehenswe Plan Future Land Use Mao Amendment - Fischer's 99" Street Prooertv (Transmittal. 0-21-19, Ex. A & B) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF IN - INDUSTRIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF C/I - COMMERCIAL/INDUSTRIAL, FOR LAND CONSISTING OF 1.47 ACRES, MORE OR LESS, KNOWN AS FISCHER 99TH STREET PROPERTY, LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED BY COMMERCIAL AND INDUSTRIAL LAND USES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:20 p.m. and the City Attorney read the title of Ordinance No. 0-21-19. The Community Development Director said this request was approved at first reading and transmitted to the Florida Department of Economic Opportunities (DEO) and relevant stakeholders who did not have any comments or issues. If approved by Council, it would become part of the City's future land use map after a 31 day waiting period. There was no public input. Mayor Hill closed the public hearing at 6:22 p.m. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Ordinance No. 0-21-19. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 Regular City Council Meeting February 9, 2022 Page 6 21.138 D. Quasi -Judicial Hearing and Second Reading 0-21-20 Repuest for Rezoning� Fischer's 99th Street ProDertv (Transmittal. 0-21-20. Staff Report. Aoolicatcon AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF IN - INDUSTRIAL WITH CURRENT ZONING DESIGNATIONS OF IL - LIGHT INDUSTRIAL FOR LAND CONSISTING OF 1.47 ACRES, MORE OR LESS, KNOWN AS FISCHER 99TH STREET PROPERTY; LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED BY COMMERCIAL AND INDUSTRIAL LAND USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:23 p.m. and the City Attorney read the title to Ordinance No. 0-21-20. There were no ex parts communications to disclose and the Clerk swore in those who intended to provide testimony. Mr. Dill said the requested rezoning would be the same as the property next door; it Is a very small area that Dr. Fischer would like to use in conjunction with the larger tract to the north. It meets all of the requirements of the comprehensive plan and will even out the City's boundaries. The Community Development Director said the applicant is asking to change the zoning from County light industrial to the City's industrial so the use will not change from what it is today. There was no public input. Mayor Hill closed the public hearing at 6:29 p.m. MOTION by Council Member McPardan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-20. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 21.140 E. Public Hearina and Second Readina - Ordinance No. 0-21-16 - Petition for Voluntaiv Annexation - 6.17 Acre Parcel, 10595 U.S. Hiahwav 1 (Transmittal, 0- 21-16. Ex. 1. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 6.17 ACRES, MORE OR LESS, LOCATED SOUTH OF DEVELOPED PROPERTY WITHIN THE SEBASTIAN HIGHLANDS UNIT 7, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND NORTH OF VACANT LAND IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting February 9, 2022 Page 7 Mayor Hill opened the public hearing at 6:29 p.m. and the City Attorney read the title to Ordinance No. 0-21-16. The Community Development Director described the property's location and said this was a nice addition to square off the City's boundaries; it is consistent with the City's land development codes. Donna White, Schumann Drive, said the property was behind her house, and she asked what the use will be changed to. Mayor Hill said the land use would be discussed under item 10G and right now at this point in the agenda, it was being decided if the property should come into the City. Mayor Hill closed the public hearing at 6:34 p.m. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Ordinance No. 0-21-16. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21.140 F. Public Heariry�and Second Readina 0-21-21- Rer�uest for Comprehensive Plan Future Land Use Mao Amendment - Fischers US Hiahwav 1 ProDertv (Transmittal. 0-21-21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF GC- GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF C/I - COMMERCIAL/INDUSTRIAL, FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HWY 1 PROPERTY, LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:35 p.m. and the City Attorney read the title of Ordinance No. 0-21-21. The Community Development Director said currently the property is designated Cl/Commercial Industrial which is one of the County's highest intensity designations and the applicant is requesting that it change to general commercial designation; if approved, it would be sent to DEO for review and become effective after a 31 day waiting period. Mayor Hill confirmed that the property was being changed to a lower intense use than what the County would allow. Regular City Council Meeting February 9, 2022 Page 8 Ms. White asked if it could be added to property to the north to make a package and if the lower intensity would include crematories, cemeteries, or low income property. Mayor Hill offered to have the Community Development Director describe the possible uses. Mr. Dill said that Dr. Fischer does not have any plans to purchase the property to the north or south; he plans to put mini storage units on it and will berm the backside to the railroad. Mayor Hill closed the public hearing at 6:41 p.m. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Ordinance No. 0-21-21. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 21.140 G. Quasi -Judicial Hearina and Second Readinc - 0-21-22 Reouesl for Rezonina — Fischer s US Hichwav 1 PrODerty (Transmittal. 0-21-22. Aoolication) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG — COMMERCIAL GENERAL WITH CURRENT ZONING DESIGNATIONS OF CL — COMMERCIAL LIMITED FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HIGHWAY 1 PROPERTY; LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:42 p.m. and the City Attorney read the title of Ordinance No. 0-21-22. There were no ex parts communications to disclose and the Clerk swore in those who intended to provide testimony. Mr. Dill representing applicant, said this is a request to rezone to a less intense use. The application is consistent with the City's comp plan and development regulations and Dr. Fischer plans to build mini storage units on this property with landscaping buffering the railroad tracks. The Community Development Director said this request is compatible with the change in zoning, the comp plan and surrounding uses. She recommended approval. There was no public input. Mayor Hill closed the public hearing at 6:47 p.m. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Ordinance No. 0-21-22. Regular City Council Meeting February 9, 2022 Page 9 Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones -aye Motion carried. 5-0 21.139 H. Public Hearina and Second Readinp - Ordinance No. 0-21-15 — Petition for Volunta�v Annexation — 19.58 Acre Parcel. 1820 Shakesoeare Street (Transmittal. 0-21-05. Ex. A. Attach. A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 19.58 ACRES, MORE OR LESS, LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND % MILE NORTH OF CR510, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY, IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:48 p.m. and the City Attomey read the title to Ordinance No. 0-21-15. The Community Development Director said this was an enclave surrounded by three sides of the City, it will square off the City's boundaries and improve the level of service to the corporate limit. This is compatible with the adjacent property known as Cross Creek Lake Estates and staff recommended approval. There was no public input. Mayor Hill closed the public hearing at 6:51 p.m. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-15. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5.0 21.139 I. Public Hearina and Second Readina - Ordinance No. 0-21-23- R�auest for Comprehensive Plan Future Land Use Mao Amendment — Cross Creek Addition (Transmittal. 0-21-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF VLD — VERY LOW DENSITY FOR LAND WITH A CURRENT LAND USE DESIGNATION OF R — RURAL, FOR LAND CONSISTING OF 19.58 ACRES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION, LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND 114 MILE NORTH OF CR510, SURROUNDED BY Regular City Council Meeting February 9, 2022 Page 10 RESIDENTIAL AND VACANT PROPERTY; AUTHORING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:51 p.m. and the City Attorney read the title to Ordinance No. 0-21-23, The Community Development Director said the requested change is to go to very low density; it has been transmitted to DEO and the stakeholders. It did not receive any comments and staff recommended approval. Pat Sandos, 722 Yearling Trail, said she would like Council to work with the developer and citizens with regard to their concerns of safety. Mayor Hill closed the public hearing at 6:56 p.m. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Ordinance No. 0-21-23. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 21.139 J. Quasi -Judicial Head rland Second Readina - 0-21-24 Reauest for Rezonina - Cross Creek Addition (Transmittal. 0-21-24. Aoolication) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RS-10 — RESIDENTIAL SINGLE FAMILY WITH CURRENT ZONING DESIGNATIONS OF A-1 — AGRICULTURE 1 FOR LAND CONSISTING OF 19.58 ACRES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION; LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND % MILE NORTH OF CR 510. SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:56 p.m. and the City Attorney read the title to Ordinance No. 0-21-24. There were no ex parte communications to disclose and the Clerk swore in those who intended to provide testimony. Mr. Dill said this application is to rezone the property from agricultural to a very low density residential classification; it's consistent with the City's comp plan and LDC and has not received any objections from DEO. It will be the last phase of Cross Creek Lake Estates. Regular City Council Meeting February 9, 2022 Page 11 The Community Development Director described the property's location and reaffirmed that the request is consistent with and compatible with the existing uses in the area, with the Cross Creek Lake Estates development, and the comp plan. She said staff recommended approval. Michael Roth, 474 Memorial Avenue, said the title mentions an intersection at Yearling Trail and Shakespeare but there isn't access to an intersection at that location. Mayor Hill noted there will be a site plan review to take a look at issues such as the intersection. Donna Greco, Yearling Trail, said when she bought her house she was told the land would be a blueberry farm and it wasn't going to change. She also wanted to note there is a lot of wildlife in that area. She said Yearling Trail and Shakespeare Street run parallel and she is in opposition to moving the fence that's currently there because it's not what they expected to happen. She said she agreed with Ms. Sandos that the current property isn't being taken care of. She asked H the new property would be taken care of or would it also have cracked sidewalks and trees that need trimmed. Steve Hitt, 498 Lanfair Avenue said he opposed the density classification of RS10; he would prefer RE-40 at unit per acre. Mayor Hill closed the public hearing at 7:09 p.m. Mr. Dill said there is a property management company that is responsible for the routine maintenance but Dr. Fischer does plan to get involved with the management company to repair some of the sidewalks and sprucing up some of the trees since these concerns were also brought up at the first reading. In regard to the concern regarding the intersection, the Community Development Director said one definition of an intersection is where two streets intersect but it is also defined as where two points meet up which is where this reference in the ordinance title comes from. _ She also explained that in RS10 zoning, the 10 indicates the minimum lot size is 10,000 feet. Under the VLD land use there could be up to three units per acre if there were no other regulations needed for open space, roads, and drainage. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-24. Council Member McPartlan asked if there was time frame for the maintenance improvements. Mr. Dill responded that normally maintenance doesn't take long to do and they expect to have these concerns taken care before they come back in with a subdivision proposal in 60 days. Council Member Dodd explained the subdivision is not maintained by City and if the property owners have an issue with the property management company that is a civil issue between the association and the property owner. He said there will be a lot of Regular City Council Meeting February 9, 2022 Page 12 things that will come up in the site plan such as the second exit, the emergency exit which will impact how the site plan is viewed and that would be the time for the residents to come in. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21.141 K. Public Hearina and Second Readina - Ordinance 0-21-17 — Petition for Voluntary Annexation — 22.00 Acre Parcel. 9757 and 9825 U.S. Hiahwav 1 (Transmittal. Ex. 1. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 22.00 ACRES, MORE OR LESS, LOCATED SOUTH OF 99TH STREET AND COMMERCIAL DEVELOPMENT, WEST OF US HWY 1, EAST OF THE FEC RAILROAD, AND NORTH OF VACANT PROPERTY IN THE CITY OF SEBASTIAN IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 7:23 p.m. and the City Attorney read the title to Ordinance No. 0-21-17. The Community Development Director said this property was bound by US Hwy 1 on the east and the FEC Railroad on the west; it is a good straightening of the City's border and favorably impacts the level of service. Staff recommended approval. Donna While asked if this property was adjacent to Dr. Fischer's other property. Mayor Hill said it was not, it was almost by Barber Street. Mayor Hill closed the public hearing at 7:27 p.m. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Ordinance No. 0-21-17. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carded. 5-0 21.141 L. Public Hearing and Second Reading- Ordinance No. 0-21-25- ReQuest for ( OMDrehensive Plan Future Land Use Mao Amendment — Soundview at Sebastian (Transmittal. 0-21-25) Regular City Council Meeting February 9, 2022 Page 13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF MU - MIXED USE FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF CA - COMMERCIALINDUSTRIAL (22.00 ACRES) AND CITY LAND USE DESIGNATION OF CG-COMMERCIAL GENERAL (7.57 ACRES) FOR LAND CONSISTING OF 29.57 ACRES, MORE OR LESS, KNOWN AS SOUNDVIEW AT SEBASTIAN; LOCATED SOUTH OF COMMERCIALI NDUSTRIAL LAND, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1, AND NORTH OF COMMERCIAL LAND USE, AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 7:29 p.m. and the City Attorney read the title to Ordinance No. 0-21-25. The Community Development Director stated this property is 29 acres more or less. What was annexed in was 22 acres which was formerly in the County but 10 of those 22 acres already existed in the City. They are now requesting that the land use for the entire 29 acres be converted from commercial industrial to mixed use land use. In the future they will submit a request for PUD-R zoning. The plan for this property is for a mixed use development of multifamily commercial out parcels. There was no public input. Mayor Hill closed the public hearing. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-25. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 21.173 M. Public Hearinc and Second Readinc - Ordinance No. 0-21-26- Recuest for Con-Kehensive Plan Future Land Use Mao Amendment- Marine Resources Council Procertv, (Transmittal. 0-21-26) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CON -CONSERVATION FOR LAND WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 7.88 ACRES, MORE OR LESS, KNOWN AS MARINE RESOURCES COUNCIL CONSERVATION PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH OF VACANT AGRICULTURAL LAND; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Regular City Council Meeting February 9, 2022 Page 14 Mayor Hill opened the public hearing at 7:31 p.m. and the City Attorney read the title to Ordinance No. 0-21-26. The Community Development Director said this property was currently being used as an environmental education center; the Marine Resources Council purchased it with a Florida Communities Trust (FCT) grant and it was set aside for conservation purposes so in accordance with the grant they are required to make the land use and zoning compatible with conservation. There was no public input. Mayor Hill closed the public hearing. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Ordinance No. 0-21-26. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5-0 21.173 N. Quasi -Judicial Hearing and Second Readina - 0-21-27 Request for Rezoning - Marine Resources Council ProDertv (Transmittal. 0-21-27. ADDlIcation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF C - CONSERVATION WITH CURRENT ZONING DESIGNATIONS OF RS-10 - RESIDENTIAL SINGLE FAMILY FOR LAND CONSISTING OF 7.88 ACRES, MORE OR LESS, KNOWN AS MARINE RESOURCES CONSERVATION PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH OF VACANT AGRICULTURAL LAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 7:35 p.m. and the City Attorney read the title to Ordinance No. 0-21-27. - There were no ex parte communications to disclose and the Clerk swore in those who intended to provide testimony. The Community Development Director stated the request is to rezone the property from RS-10 residential single family to conservation use to be in conformance with the FCT grant requirements. Staff recommended approval. There was no public input. Mayor Hill closed the public hearing at 7:38 p.m. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-27. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Regular City Council Meeting February 9, 2022 Page 15 Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 21.027 A. Award the Ahrens Companies. Inc. as the Desian-Build Firm to Desicn-Build Office Improvements inside Hangar 'C' at the Sebastian Municioal Aimort and Authorize the Citv Manaaer to Neaotiate a Work Services Agreement with a Guaranteed Maximum Price for Council Approval (Transmittal. Bid Tab. R-10-26) The City Manager said the City accepted a grant from FDOT to construct additional office space in Hangar C. The Purchasing Manager put out an RFQ to which the City received one proposal from the Ahrens Company who is also doing Hangar D, and the original constructor of Hangar C. Staff requested approval and to authorize the City Manager to negotiate a maximum price to bring back to Council. MOTION by Vice Mayor Jones and SECOND by Council Member McPartlan to authorize negotiations for a work services agreement with the Ahrens Companies to design -build office space inside Hangar C. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager reported that the FPL undergrounding was going well. He also reported that from now until the end of March, Council will see the railroad intersections closed for new gate and signal installation beginning with the Roseland Road intersection. He asked the public to be patient as Brighlline installs the safety improvements. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mavor Jones Vice Mayor Jones said he has spent the last several days in Tallahassee with the Treasure Coast Delegation advocating for cities' rights with the senators and representatives. He said that he believed they had a lot of effective conversations but they won't know until the end of day when they vote. Regular City Council Meeting February 9, 2022 Page 16 B. Council Member McPartlan Council Member McPartlan said he received emails about the pickleball courts. He said he was sure the Leisure Services Director had things under control but if the players can't get along he suggested shutting the courts down for a week. He asked the players to get along. He also said a week ago Monday he assisted with the Treasure Coast Homeless Services Council "Point in Time" count where he counted 17 homeless people in the Sebastian area. He noted that not all homeless people are on drugs or drunks, some people can become homeless just by missing one day of work. He said the fears regarding Dignity Village are just fears. He said he has been in touch with the County Administrator and Community Development Director who will be watching the Dignity Village project very closely. C. Council Member Nunn Council Member Nunn read a communication sent to him from Jodi Shirley complementing Sebastian Crossing Guard Tina loffredo who recently had children waiting to cross the road running in place to slay warm during the recent cold spell. He applauded Ms. loffredo for giving all of her heart in everything she does. He said he's heard many rumors recently about Dignity Village, a planned small affordable housing complex, so he decided to meet with Anthony, the Director of the Source, to get some answers. The property is not in the City limits but sits just outside of it. During the tour of the facility, Anthony said Dignity Village is not going to be a homeless camp or transitional housing camp. The property is being cleaned up and new appliances are being put in. The rent will be about $500-600 a month and there won't be a requirement to leave in six months. Council Member Nunn asked everyone to have a little more care in their hearts. He invited anyone who is interested in finding out what this is really about to contact Anthony, he would be happy to give them a tour. D. Council Member Dodd Council Member Dodd kidded with the City Manager asking him to provide Council with more exciting topics on the agenda. E. Mayor Hill Mayor Hill said the Hangar C construction was exciting and while the agenda items weren't too exciting, they were legally required to get through. In regard to pickleball, he asked the City Manager if there are rules that people aren't following and the City Manager said no, that was not the case. Regular City Council Meeting February 9, 2022 Page 17 1g. Being no further business, Mayor Hill adjourned the regular City Council meeting at 7:53 p.m. Approved at the February 23, 2022 Regular City Council Meeting Mayor Jim _ ATTEST.' - - - nette Williams, City Clerk