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Home My WebLink About02-23-2022 CC MinutesOnv SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MINUTES WEDNESDAY, FEBRUARY 23, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA I . Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Jones 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 Deputy Police Chief Greg Witt Police Captain Tim Wood 5. AGENDA MODIFICATIONS Mayor Hill asked to pull Item #6C, the Presentation from the 211 HelpLine which will be given at a later date. Vice Mayor Jones requested to add CDR (SEAL) Grant Mann, USN (Ret) — Executive Director of the National Navy Seals Museum to give a presentation. There was no objection to these two modifications. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 22.035 A. Senior Activitv Center Presentation by Andrea Coy, President Ms. Coy thanked Council, City staff and the seniors who made the center work since its inception. She presented a check back to the City to help with the City's takeover of the center. 22.036 B. Certificate of Anoreciation to Joel Roth. Plannine and Zonine Commission Service Mayor Hill read and presented the certificate to Mr. Roth. Mr. Roth said he has enjoyed working on two long range plans for the City and described how during his time Ed Dodd, Al Minna, Jim Hill, Dom Bosworth, and Paul Carlisle were inspiring role models. t � , •, . RS11R�fS7(ftYs,1:F.IlC�ACE�7l7uC�S�7Sff�LS}iS1fF.[GT�FSG� Pulled from consideration under agenda modifications. Added Presentation CDR (SEAL) Grant Mann. USN (Ret) — Executive Director of the National Naw Seal Museum Commander Mann introduced himself, described the inception of the Nary Seals and their predecessors which can be explored through interactive exhibits at the museum and their Trident House Charities Program which cares for the families of Navy Seals by providing for additional medical needs not covered by Federal funding, the Trident House respite home for the those coming in from deployment, a scholarship program for children of the special operations community, and the K9 Project for veterans. He invited the public to visit the museum which is part of the Treasure Coast's history. BriefAnnouncements: Saturday, February 26— Substance Abuse Free Indian River Coalition Family Fun Day — IG Center, Vero Beach - 10:00 am — 3:00 pm — Sebastian Police Department's Community Outreach Team will be serving snow cones & popcorn Sunday, February 27 — Literacy Services Family Fun Day — 21 South Cypress Street, Fellsmere - 12:00 pm - 3:00 pm — Sebastian Police Department's Community Outreach Team will be serving snow cones & popcorn Friday, March 4 - Chamber of Commerce Concert in the Park at Riverview Park 5:30- 8 pm -St. John's Wood Vice Mayor Jones announced the ucoming events and Council Member Dodd reminded everyone that starting February 28' the railroad crossings on CR512 will be closed for two weeks to install the new tracks and safety features to accommodate the new Brightline Service. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 3 PUBLIC INPUT Jim Cannon introduced himself as the intergovernmental liaison for the St. Johns River Water Management District. Greg Golien thanked Council for their previous discussion on affordable housing and asked Council think about including moms for people to rent in their discussions. Rachel Holpfer, 373 Harp Terrace, said she is in divorce proceedings and is attempting to sell the Harp Terrace house but it was impossible with the (code enforcement) fines and liens hanging over the property. She asked for assistance in settling the fines and liens to start a new life with her children. S. Mayor Hill recessed the City Council meeting and convened the Board of Adjustment meeting at 6:19 p.m. A. MOTION by Vice Chairman Jones and SECOND by Mr. McPartlan to approve the May 12, 2021 Board of Adjustment meeting minutes passed with a unanimous voice vote. (5-0) B. OUASI-JUDICIAL PUBLIC HEARING 22.038 i. AMH INVESTMENTS, INC. REQUESTING A VARIANCE FROM SECTION 54-3-15.4(5)A.(v) TO ALLOW AN EXISTING MIXED -USE SITE, CONSISTING OF MULTI -FAMILY UNITS AND RETAIL LOCATED AT 1201 INDIAN RIVER DRIVE, TO BE ABLE TO PURCHASE REQUIRED PARKING SPACES THROUGH THE PARKING -IN -LIEU PURCHASE PROGRAM, WHERE THE CODE EXCLUDES RESIDENTIAL USES FROM USING THE PROGRAM (Transmittal, Report, Exhibits, Application) Chairman Hill opened the hearing at 6:20 p.m, and the City Attorney read the title of the request and the City Clerk swore in anyone that was going to testify. Robert Bruno, Principal for AMH Investments, 1201 Indian River Drive, said he was requesting the variance to purchase parking -in -lieu spaces, he has owned the property since 1999 and requested approval. The City Manager said the current code is silent on mixed use when it comes to parking - in -lieu and Mr. Bruno needs additional parking to bring the site into compliance. Staff was asking to consider the variance and later discuss the parking -in -lieu agreement on the consent agenda. The Community Development Manager asked that the staff report and the Board Criteria for Determining Variances be entered into the record. She stated Mr. Bruno purchased the property in 1999 and at that time he also owned property within a short distance located on US 1. In consideration of redeveloping the property, the Planning and Zoning Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 4 Commission approved a site plan that had additional parking on the other property on US 1. In 1999, the Parking -in -Lieu Program did not exist. In the ensuing years, the US 1 property was sold but joined until now. At this point both property owners would like to redevelop the properties separately. Staff has requested both property owners to establish individual site plans and in doing so the Indian River Drive site was now lacking some parking. She continued to say that the Parking -in -Lieu of Purchase Program was intended for redeveloping properties that may have certain considerations such as an older property, or historical property that needed some help with parking. It is mixed use; staff felt it met that criteria but after examining the code, it is specific that residential and multi -family uses are not allowed to be considered by the Parking -in -Lieu Program. She explained that although it was mixed use, staff wanted to formally receive a variance from that section of the code. Staff feels it meets the criteria in that there is something unique about the property, it is an old historical property that needs some help and nothing will create a hardship for any surrounding properties. Staff calculated the parking that is needed and their new site plan redesigned their store parking area which then staff determined four parking spaces are required. The property owner is ready to purchase through the parking -in -lieu program, if approved. She said staff feels it meets the criteria to grant the variance and recommended approval. Chairman Hill said when it was originally developed, it met the criteria for the parking but when it was split it no longer met the criteria. The Community Development Manager said there were seven extra spaces on the US Highway I property and the Indian River Drive needed additional parking which could be shared until the US 1 property was sold. Now the owners would like to separate the development of the properties causing the Indian River Drive property to be non -conforming with the spaces. Mr. Nunn noted that "yes" was checked on "b" and "c" of the Board Criteria and after reviewing it, it would seem they should be checked "no" because the conditions were created by the applicant and it will be giving special privileges that could be denied to others in the CRA area. The Community Development Director said the building at 1201 Indian River Drive was grandfathered in; it was an existing building that was an old funeral home that even in 1999 the City recognized it had special circumstances and was able to share the parking to meet its parking needs. There wasn't a parking -in -lieu of program and it was staff s way of thinking outside of the box to help with the redevelopment. The other property on US Highway 1 is being hindered because of the shared parking that is on that site. Mr. Nunn said the applicant has sold that property, therefore he created the problem. He said the challenge of putting in residential spots in the parking -in -lieu program is that it now alleviates the whole reason for having those parking spots which will be filled at night. He asked if they could take the spots in the parking lot and assign spots for the residents and make the parking -in -lieu for the businesses. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 5 The Community Development Manager responded that they would still be short as they need eight spots for the multi -family residence. She explained that the previous parking - in -lieu applications (that been before the board) have been for new sites. This is an existing building that staff is trying to help redevelop which is why they are before the board to make sure the board is okay with the request. Mr. Nunn asked if there are any other properties in the CRA district that have a similar situation as this. The Community Development Manager said she couldn't think of any others. She offered to address any code provision for the mixed use component they might want to consider for the future. The Community Development Manager also said three spaces are needed for the commercial; the code does allow for some exceptions for historical properties. Chairman Hill said it seems the site plan that was allowed after the purchase is where this should have been caught; the new owner is not trying to add anything, just become compliant. He noted the only options are the parking -in -lieu or preventing the residential use or anything that requires more than the spaces that are there. Mr. Dodd said these two pieces of properties are not geographically joined; in 1999 the City allowed the owner to theoretically join the property so the parking on one could be allocated to the other which is probably where the mistake came about in trying to be good shepherds to businesses. Mr. Dodd also said in the current comp plan, the City is placing more emphasis on mixed use and it is not uncommon to have parking spaces not assigned to the residential units in mixed use areas. He said he counted about 17 parking spaces within walking distance of that building and as long as the residents and the commercial users understand there is nothing reserved for them, he did not have a problem with this. There was no public input to comment on the request. MOTION by Mr. McPartlan and SECOND by Mr. Dodd to move approval of the variance for the property at 1201 Indian River Drive. Roll call: Vice Chairman Jones -aye Mr. Dodd - aye Mr. MCPartlan - aye Mr. Nunn - aye Chairman Hill - aye Motion carried. 5-0 Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:36 p.m. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 6 10. CONSENT AGENDA A. Approval of Minutes — February 9, 2022 Regular City Council Meeting 22.037 B. Approve a Professional Legal Services Agreement with Roberts, Reynolds, Bedard & Tuzzio, PLLC in Regards to Matthew T. Hall v. City of Sebastian, Case No. 31-2022-AP-000001 (Circuit Court -Appellate Division, Indian River County) 22.038 C. Upon Approval of the Board of Adjustment Request - Resolution No. R-21-30 — Parking -In -Lieu Purchase Program for 1201 Indian River Drive (Transmittal, R- 21-30, Request, Code) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNER AMH INVESTMENTS, INC. IN THE PARKING -IN -LIEU PURCHASE PROGRAM AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA, PROVIDING FOR CONFLICTS, SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 22.015 D. Resolution No. R-22-08 — Accepting the 1" Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2021-2022 Annual Budget (Transmittal, R-22-08, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 22.039 E. Resolution No. R-22-09 - Authorizing a Non -Exclusive Utility Easement to FPL as it Relates to the Installation of Electrical Power to a Future Aerating Fountain at Cownie Pond Near the Intersection of Cheltenham Street and Brookedge Terrace and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Form, R-22-09) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON- EXCLUSIVE EASEMENT WITH FLORIDA POWER AND LIGHT (FPL) PROVIDING ELECTRICAL SERVICE ALONG CHELTENHAM STREET FOR A FUTURE AERATING FOUNTAIN ON SEBASTIAN MUNICIPAL PROPERTY AT COWNIE POND; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 22.040 F. Approve CSA #5 Under the Continuing Professional Planning and Landscape Architect Consulting Services Agreement with Kimley-Horn and Associates, Inc. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 7 in the Amount of $50,000 for Phase II of Land Development Code Revisions and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, CSA #5, Scope) 22.001 G. Approve CSA#4 with Guardian CRM, Inc. for FY 2021/2022 Grant Administration Services of the Home Repair/Rehabilitation Program in the Amount of $20,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, CSA#4, Letters) 22.024 H. Approve Work Services Agreement with Hanson Professional Services, Inc. in the Amount of $21,497.00 to Perform Construction Engineering Inspection Services for the Construction of Two Square Hangar Buildings at the Sebastian Municipal Airport (Transmittal, Agreement, Scope) 22.041 1. Approve Alcoholic Beverages for the Baker Family Event at Community Center on March 11, 2022 from 5:00 p.m. to 10:00 p.m. (Transmittal, Application, Receipt) Council Member Dodd asked to pull items C, D, and F. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve consent agenda items A, B, E, G, H, and I. 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 Item C - Resolution No. R-21-30 Parkine-In-Lieu Purchase Proeram for 1201 Indian_ River Drive Council Member Dodd said this approves the parking -in -lieu agreement discussed earlier at the Board of Adjustment hearing. He said it's been 9 or 10 years since the City created the parking -in -lieu of program and allocated a dollar amount for a (parking -in -lieu) space. Without affecting any current applicants, he would like to see if they need to bring back a different dollar amount to meet today's cost for a space. There was no objection from Council. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve consent agenda item C. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 8 Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5-0 Item D - Resolution No. R-22-08 — First Quarter Budget Amendment Council Member Dodd said the public needs an opportunity to view and comment on the quarterly reports. He asked for public comment. No one asked to be recognized. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda item D. 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 Item F — Kimlev-Hom CSA#5 - Phase II of Land Develooment Code Revisions Council Member Dodd said he has been going to the County's workshops where there hasn't been a lot of discussion on affordable housing. He said this phase of revisions that will include mixed use categories is a perfect place to talk about tiny homes. He asked if the additional consideration might increase the fee they are approving under this item. The City Manager said there are about 115 ordinances that need to be reviewed to get the Land Development Code in compliance with the Comp Plan and staff would be able to incorporate that language into the mixed use ordinance for Council approval. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda item F. 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 11. COMMITTEE REPORTS & APPOINTMENTS Council Member Nunn said he attended the Affordable Housing Committee meeting and they discussed Gifford Gardens being foreclosed by the County. The County is working to put houses in at Gifford Gardens with a contracted builder who estimates a three bedroom, one bath house would cost $311,000 per house. The Committee recommended Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 9 denying the builder's REP and asked to have County staff bring in different standards in order to bring the cost down. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 22.042 A. First Readine Ordinance No. 0-22-05 — Amendina Code Section 38-2 Forms of Petition: Filine Fee. Amendina the Oualifvine Period — Set Public Hearine March 23. 2022 (Transmittal. 0-22-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABB.ITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-05. The City Manager said this was a result of the Charter amendment that was voted in last November and will bring our code in line with the Charter. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to pass Ordinance No. 0-22-05 on first reading and set the public hearing for March 23, 2022. There was no public input. 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 22.043 B. Aoorove the Second Amendment to the CELLCO PARTNERSHIP, a Delaware General Parmershin d/b/a Verizon Wireless Tower Lease and Authorize the Citv Manager to Execute the Aonrom late Documents (Transmittal. Amendment) The City Manager said he has been in negotiations with CELLCO to renew the lease at five year increments instead of 20 and was able to secure a $25,000 signing bonus. In response to Council Member Nunn, he said they plan to upgrade the antenna system to increase the service range. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 10 There was no public input. MOTION by Council Member Nurm and SECOND by Vice Mayor Jones to approve the second amendment to the CELLCO Partnership dba Verizon Wireless Tower Lease. 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 22.044 C. Aoorove the Location and Allow Citv Staff to Work with the Sons of the American Leeion Sound 189 to Install a POW -MIA Memorial Monument at the Veteran's Memorial at Riverview Park [Transmittal. Prm)esal. Imaues) The City Manager said this was a great opportunity for the City to recognize those that have gone missing and may go missing. He asked for approval. Pages 122-124 of the agenda backup was displayed on the overhead projector to provide an idea of what it would look like. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve the POW -MIA Memorial Monument at the Veteran's Memorial at Riverview Park. 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 15. CITY ATTORNEY MATTERS - None 16, CITY MANAGER MATTERS The City Manager said the closing of the railroad crossings at Sebastian Boulevard for the Brightline improvements will impact the residents. He reported that he has a meeting Friday with officials to discuss the closing of one intersection at a time. He asked for the public's patience and wanted everyone to know that Brightline is working with the City by providing additional considerations, conciliations, and safety measures. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 11 A. Council Member McPartlan - None B. Council Member Nunn 22.045 i. Nuisance Ordinance Council Member Nunn said he has received several complaints regarding dogs pooping and he discovered that surrounding communities have strict and specific ordinances. He suggested using Indian River County's ordinance and specifics from the Brevard County affidavit as an answer. He described Brevard County's process of receiving a ticket for the third offense and after that appearing in court and being fined. He asked the other Council Members if this should be placed on the next agenda. The City Attorney advised Council that Code Enforcement has been enforcing Indian River County's ordinance. Mayor Hill said most pet owners are responsible and it is annoying when people don't clean up after their pets but there are some that do it on purpose which could be a problem. He said he is willing to discuss this but was against something like Brevard's enforcement. Council Member McPartlan said he too, didn't mind having a discussion but said you can't legislate good behavior. Council Member Nunn said he didn't disagree with what the other Council Members have said but he is here to bring forth issues raised by the citizens so he thought it was worth the discussion. In regard to attainable housing, Council Member Nunn reminded the public that just because people don't like something, it doesn't mean that there aren't people that want it, such as an apartment complex, condo, or duplex. He asked everyone to be more understanding. C. Council Member Dodd Council Member Dodd asked if they should ask the Veterans Advisory Committee if a fifth monolith should be added in Veterans Park for the United States Space Force given the City's close proximity to Patrick Air Force Base. The City Manager offered to talk to the committee if it was the consensus of Council. D. Mayor Hill Mayor Hill acknowledged the important service the men and women of the U.S. Space Force provide. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 12 E. Vice Mavor Jones Vice Mayor Jones said he had the honor of representing the City at the Indian River Chamber of Commerce's Grand Re -Opening of the Safe Space Domestic Violence Shelter. 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:11 p.m. Approved at ihelNarch 9, 2022 Regular City Council meeting. ATTEST: r