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HomeMy WebLinkAbout05-25-2022 CC Minutes0a LY HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MAY 25, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:00 p.m. 2. A moment of silence was held for the victims of the Uvalde, Texas tragedy. 3. Council Member Dodd 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 Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore City Engineer/Public Works Director Karen Miller Community Development Director Lisa Frazier Community Development Manager Dom Bosworth Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 22.092 A. Certificate of Aoureciation to Shannon Davis - Public School Planning Citizens Oversight Committee Ms. Davis was not in attendance at the meeting. 22.093 B. Presentation —Indian River Countv SHIP Program -John Stoll. Chief of Lone Ranee Planning John Stoll introduced himself and explained the State Initiative Housing Program was established in 1992 using documentary stamp revenues to partner with lenders, realtors and non-profit Regular City Council Meeting May 25, 2022 Page 2 housing programs to meet Indian River County's local housing assistance plan. He displayed a PowerPoint presentation outlining the various opportunities for assistance through the program. (See attached) He also said the County is using supplemental American Rescue Plan funding with the SHIP Program to provide additional money to help homeowners. He displayed a few "before and after' photos of recent housing rehabilitation projects. Mayor Hill asked the City Manager to link the information on the City's websile. BriefAnnouncements: Monday, May 30 — Memorial Day Observance — 11:00 am at the Veterans Memorial in Riverview Park Vice Mayor Jones announced the upcoming ceremony 7. PUBLIC INPUT Bob Stephen, 150 Concha Drive, said there are still problems with the Indian River Lagoon. Louise Kautenburg said it has recently come to her attention that the state of Florida prefers state control rather than local control and our freedom is gradually being taken away from us. Grace Reed stated there are two items on the agenda that are important to both sides and she urged people to do their research and make informed decisions. 8. CONSENT AGENDA A. Approval of Minutes — May 11, 2022 Regular City Council Meeting 22.094 B. Prior Authorization for Council Travel to Florida League of Cities Annual Conference — August I I-13, 2022 — Hollywood Diplomat (Transmittal) 22.095 C. Approve Agreement between the City of Sebastian and Indian River County School Board for Two (2) School Resource Officers, One (1) at Sebastian Elementary and One (1) at Pelican Island Elementary School (Transmittal, Agreement) 22.096 D. Approve Alcoholic Beverages at the Yacht Club for the Lauritano Family Event on June 19, 2022 from 11:00 am to 4:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve consent agenda items A-D. Regular City Council Meeting May 25, 2022 Page 3 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 9. COMMITTEE REPORTS & APPOINTMENTS 22.097 A. Construction Board (Transmittal, Application, Roster, Advertisement, Code) Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member, Engineer or Architect Position Mayor Hill nominated Mr. Harrison and Council Member Nunn seconded the nomination. Mr. Harrison was appointed to the Construction Board with a term to expire September 30, 2024. Veterans Council of Indian River Countv In an effort to reach the north county veterans, Council Member McPartlan invited everyone to attend the next meeting, June 1', to be held in Sebastian's Council Chambers. 10. PUBLIC HEARINGS 22.084 A. Continuation of Second Reading and Public Hearing of Ordinance No. 0-22-04 — Pr000sed Code of Ordinance Amendments — Article III by Amending Definitions Relating to Junk: Article IV by Amending Land Use Comnatibilitv: Article V by Amending Zoning District Regulations Relating to Industrial Uses and Creation of New Zoning District: Article VI by Amending Conditional Use Criteria Relating to Industrial Uses: and Article XXII ¢y.-4jundine Language and Definitions Relating to Industrial Classifications (Transmittal. 0-22-04 Legislative COnV. 0-22-04 Clean Conv) AMENDING CODE OF ORDINANCE SECTION 86A6 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 86.47 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.7, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD- I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4, PROVIDING Regular City Council Meeting May 25, 2022 Page 4 CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:18 pm and the City Attorney read the title to Ordinance No. 0-22-04. The City Manager said this second reading included the requested change, from the first reading, of prohibiting the outside storage of materials for longer than 48 hours. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve Ordinance No. 0-22-04 on second reading. 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 11. UNFINISHED BUSINESS 22.027 A. Fisherman's Landine — Remuest Citv Council Direction on How to Proceed with Recommended Repairs (Transmittal. Citv Eneineer's Recommendation. EFI Global's Structural Buildine Evaluation) The City Manager requested authorization to address some of the safety issues identified by the forensic analysis. Mayor Hill said the City has always said they would do everything they could to keep Crab E Bills in the building, but they must make sure the public is safe. MOTION by Mayor Hill and SECOND by Council Member Nunn to move staff recommendation and go forward to spend up to $50,000 for the necessary repairs to Crab E Bills as outlined in the document provided. Karen Jordan, Sebastian, said in addition to the $50,000 worth of repairs, she would like to see Crab E Bill's rent cut. Pete Sweeney, Esq., representing Susan Andrews, proprietor of Crab E Bills, said he was happy to hear that Council supported fixing up the facility. He said his client bas reported a revenue loss of $90,000 since last November which he would like to speak to Regular City Council Meeting May 25, 2022 Page 5 Council in the future about. He also noted that the Florida Communities Trust requires authorization to repair or demolish the building. He asked the City to proceed with the repairs and get the eatery open as soon as possible. Rick Lopez, Miami, said he works with historic preservation in Miami Beach and was happy that the City is proactive about taking care of the structure given the tangible identity it gives the community. Beverly Higgins, Vero Beach, said she loves Crab E Bills and asked Council to take into consideration their revenue loss. Grace Reed, Sebastian, said the City should be commended for making the building safe. She asked if the building's backside was tom down, could a boardwalk could be put in to watch the fishermen and see the river. 6:38 pm Mayor Hill said he was very proud of voting to save the building in 2008 as it has helped to revitalize the riverfront. Council has never changed their commitment to Fisherman's Landing and the history and heritage of the community. This was another step in going forward with the commitment. Council Member Nunn said nothing they are doing is about the tenant but to make the building safe for the citizens. Council Member Dodd said their objectives should be to preserve the integrity of building because it has become an integral part of the Working Waterfront and it is one of the best retail fish markets on the east coast of Florida. He said he was of the opinion that this short term patch will be the demise of the restaurant and once the repairs start they will be looking at about $200,000 worth of repairs that will be authorized through change orders. The problem they are trying to solve is the building. He asked why they couldn't let Crab E Bills continue to operate in the building while they determine the long term fix. When they get into the construction phase, they could allow them to stay in business through ways such as operating from a trailer inside. He said he hasn't seen any cooperation from some of the parties involved as there have been options offered but they have been turned down. Now the owner has hired an attorney so they cannot talk to each other. He said he would be voting against this because he believes they are making a mistake by taking this approach. Mayor Hill said he suggested this is not the end but to make the building safe and viable for next 24 months, then continue discussion on the Council level as to what happens to the building. Vice Mayor Jones said it was a risk he was willing to take to keep that business there but he did not want to risk the safety of the owner, an employee and those that go in. Regular City Council Meeting May 25, 2022 Page 6 Council Member McPartlan said he has heard there was no communication from both sides. He said he would like to see which of the needs the $50,000 will cover because it will open up other stuff. He hoped this would open up communication and as far as improvements and maybe there could be shared costs of the improvements. The City Manager said the $50,000 would cover the immediate repairs noted on page 73 and 74 of the agenda backup. He said if the repairs exceed the 51 % they would then have to bring the entire building up to code. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - nay Motion carried. 4-1 Mayor Hill called for a recess at 6:58 p.m. and reconvened the meeting at 7:07 p.m. All members were present. 12. NEW BUSINESS 22.098 A. First Reading Ordinance No. 0-22-07 — Petition for Voluntary Annexation — The Graves Brothers Company — If Approved, Set Public Hearing for September 14, 2022 (Transmittal, 0-22-07, Property Survey, Exhibit Is and lb, Staff Analysis, Justification Statement and Public Facilities Statement) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1984.22 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74111 AVE ROW, NORTH OF 69th STREET' ROW, AND EAST OF 90th AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-07. The City Manager said this is the first reading to determine if Council has a desire to annex this land. There will be several more meetings if Council should decide to go. forward. MOTION by Mayor Hill and SECOND by Council Member Nunn to pass Ordinance No. 0-22-07 on first reading and set a public hearing for September 14, 2022. Tim Glover, President of the Friends of St Sebastian River, said there were parts of the property they were concerned with as wilderness has a value. He said if it moved forward to the planning phase, they would be offering more comments. Regular City Council Meeting May 25, 2022 Page 7 Dianna Bolton said she was not against development; she was a retired mortgage banker whose partners were developers. She said the County was only planning one unit per acre, and she asked how many units per acre were planned. Grace Reed, Sebastian, encouraged Council to approve and go forward with the annexation. She asked Council to make sure the public is completely informed of the process. Sherrie Matthews, Sebastian, said annexation is a primary means of growth for a municipality and asked everyone to be transparent and keep in mind what best suits Sebastian. Louise Kautenburg, Sebastian, said the most important reason for the City to care about this is because there is no control over anything not in the City's boundaries. Patricia Marion, 719 Yearling Trail, asked if there was a land use amendment under consideration now. Mayor Hill responded that it was an annexation up for consideration now, the zoning would be determined at a later date. Llissa Boisvert, Sebastian, said people have been clear that they don't want the annexation and will remember this at election time. Graham Cox, 1215 George Street, asked that all parties talk to each other. Gary _ , said most people like the small town, fishing village feeling and he would love to see Sebastian maintain the small town feel. Richard Baker, President of the Pelican Island Audubon Society, said the City needs to work with the County on how we want to develop the property. 7:40pm Donna Halloran said she was disappointed this has come up again with twice as much land Bill Flynn, Main Street, said this is a good chance for the City to control the property. He said he went to the meeting during the first annexation and only two or three people showed up. If people aren't involved then they don't have right to complain. He asked if there will be an annexation agreement. Terry McGinn said there was a lot of misinformation with the 2019 annexation. He asked if there should be more public hearings. He said they can't always count on the County and they will be better off than leaving it to the County. Nick Scheskowsy said he felt more comfortable with the City than the County. Zoom Charles Stadelman said the boards that Council has at their disposal can answer questions that are being brought up right now. The City Manager said there will be several meetings that will take place to provide other agencies and governments the opportunity to comment on each development segment as it comes into the City. He advised an annexation agreement is currently being negotiated. Mayor Hill noted it was the general consensus of the discussion that was just held that this property will be developed. He said the reason to have it annexed into the City is to protect and Regular City Council Meeting May 25, 2022 Page 8 grow in ways that will lend way to Sebastian. He noted the City has proven to be a leader in protecting the lagoon. He said while Grant-Valkaria did a good job of protecting their city, a massive city is being planned to the west of them to be called Emerald City and those hundreds of thousands of people will be using Grant-Valkaria's boat ramps and infrastructure. Development will happen. He noted the County didn't ask Sebastian if it would be okay if they developed Blue Water Bay who will use our infmstrucmre. He said it is imperative that Sebastian annex the Graves property to have input on our quality of life. 7:57 pm Council Member Dodd said he agrees with all of the environmental issues brought up and noted the City has done a lot more than people want to give us credit for. He said he doesn't see any action that makes the County more environmentally active than the City. He said in that regard in the 22 years that he has lived here, the City has grown to about 10,000 more people and it still has a small town feel. He asked what will change the small town feel if the people on the dais want it to continue. It will continue because people want it to continue. Council Member Dodd said he is involved in the County planning efforts and they are planning high impact density development to save land for agricultural use called agrihoods. These types of developments won't solve all of the problems that they have. He noted the County has recently approved 14 three-story buildings on Indian River Drive that will use the City's infrastructure and we won't get any tax revenue from it. He said the County are not bad actors, theyjust have their own process. The people working on this annexation have the best wishes for City; they are going to develop the property whether it is in the City or the County. He said he hoped the City will hold many workshops until September. He said he was in favor of this for a lot of reasons. Council Member Nunn said he agreed with Council Member Dodd, the biggest mistake the City did last time was not countering the lies. If the County develops the property it will have all the impact on the City without the tax base. He noted no one came to the City Manager about Blue Water Bay or Liberty Park developments. He asked where the outrage is about the three-story buildings being built on Indian River Drive. The annexation is doing the right thing for our City. Vice Mayor Jones said he agreed with his colleagues. In order to remain sustainable the City must expand its borders. On the overhead, he displayed maps of how many people lived in Sebastian in 1920, 1960, 2009, and in 2022. (See attached) He said as long as there are good people on the dais the property will be developed properly; he was in favor of the annexation. Council Member McPartlan said he supports the annexation but the City should talk to the County, the Clean Water Coalition, Audubon Society, the Water District and the Department of Transportation first because if we don't they might want to sue and he asked what is the cost of litigation. He said he would like to see an annexation agreement before moving forward. He said if they have the agreement there might be less naysayers. 8:J7pm Regular City Council Meeting May 25, 2022 Page 9 Roll call: Council Member Nunn -aye Mayor Hill -aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - nay Motion carried. 4-1 22.015 B. Resolution No. R-22-03 — Accepting the 2nd Quarter Financial Report and Recognizing Necessary Amendments and Adiustments to the FY 2021-2022 Annual Budget (Transmittal. R-22-03. 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. The City Attorney read the title to Resolution No. R-22-03. The Chief Financial Officer said this report was approved by the Budget Review Advisory Board. The resolution included amendments that were already approved by City Council and the actions the City Manager has authority to act on. He reported that the City did receive all of the Hurricane Matthew funds and there is another $1,900 available for Hurricane Dorian. He said the expenditure side shows a little more than 50% spent because the police pension and CPA contributions have been paid. He also reported that the City has received 'h tranche of the American Rescue Plan funds and the City has been notified that the second tranche is available for which he has applied. The stormwater fund was adjusted to accommodate additional mowing but is in satisfactory condition. He briefly went over the remaining accounts and said the balance of the report included the information from the departments on what they have been working on. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Resolution No. R-22-03 passed with a unanimous voice vote of 5-0. 22.016 C. Renal Resolution R-22-07 and Reolace with Resolution R-22-14 Authorizing Two Non-exclusive Utility Easements to FPL as it Relates to the Installation of Electrical Power for the Sewer Lift Station Near 505 Aimort Drive West as well as the New Public Works Comoound and Authorize the Citv Manager to Execute the Anorom late Documents (Transmittal. Exhibit I A. Exhibit 2A. R-22-14) Regular City Council Meeting May 25, 2022 Page 10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION R-22-07 IN ITS ENTIRETY AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE EASEMENTS WITH FLORIDA POWER AND LIGHT (FPL) PROVIDING ELECTRICAL SERVICE FOR TWO EASEMENTS TO PROVIDE ELECTRICAL SERVICE TO THE SEWER LIFT STATION, AND TO THE NEW PUBLIC WORKS COMPOUND ON SEBASTIAN MUNICIPAL AIRPORT PROPERTY; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-22-07. The City Manager said this resolution provides two electrical easements at the new public works compound. He said the reason for the repeal was because the legal description in the original resolution was for the easement to the public works building and the resolution language was for the lift station so the new resolution will be two easements to supply power. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Resolution No. R-22-07 passed with a unanimous voice vote of 5-0. 22.099 D. Florida League of Cities Items (Transmittal. FLC Info) i. Anoint Council Delegate to FLC Annual Conference Business Meeting There was no objection to Council Member McPartlan's nomination of Vice Mayor Jones as Sebastian's delegate to the Florida League of Cities conference. ii. Consider Resolutions to be Submitted to the FLC There were no resolutions to be submitted by Sebastian for the conference this year but Council Member Dodd would like to submit one for the Centennial in 2024. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Nunn Council Member Nunn said when they have an important meeting like tonight he would like to think that trust carried over that they are going to do the right thing with trust they have been given. B. Council Member Dodd Council Member Dodd said at the Treasure Coast Regional League of Cities meeting, Vero Beach Councilwoman Honey Minus asked if Sebastian would send a letter in Regular City Council Meeting May 25, 2022 Page 1 I support of HR7520 to Congressman Mast to provide additional funds for the lagoon. Mayor Hill said he would be in favor of supporting the additional funding. Council Member Dodd said there is an open need to take a look at the Sembler property (1528 Indian River Drive) that is up for sale for now as it would be a great addition to the Working Waterfront. He asked if Council would be interested in obtaining an appraisal on the property and find out if the City should purchase the property. Mayor Hill said he had no objection. Council Member Dodd said that he hoped that the City extends outreach as much as possible on the annexation. C. Mayor Hill Mayor Hill said he received a letter requesting an Iraq Afghanistan War Memorial that he passed onto Council Member McPartlan for the Indian River County Veterans Council to consider. D. Vice Mayor Jones - None E. Council Member McPartlan Council Member McPartlan announced there was one more day left for the public to participate in the Indian River County's Land Visioning Workshop to be held at the Gifford Community Center on June 2nd He wished everyone a safe Memorial Day weekend and asked everyone to watch out for the children since the last day of school would be Friday. 17. Being no further business, Mayor Hill adjourned the regular City Council meeting at 8:34 p.m. Approved at the June 8, 2022 Regular City Council meeting Mayor ATTEST. JediJerle Wipiants, City Clerk BK: 2431 PG: 1272 Item 11A - Displayed by Pete Sweeney representing-Susan-;;._L=wa - Crab E Bills of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources or working waterfront aspects of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Star. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K-9, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K- 9.007, F.A.C.: 1. The future land use and zoning designations of the project site shall be changed to Working Waterfronts or other similar category. 2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 3. After closing, the existing submerged land lease will be transfer to the Recipient. DRC\08-003-W W 1 6/11/2010