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Home My WebLink About05-24-2023 CC Minutesan a 'SEBAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 24, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle Interim City Attorney Andrew Mai City Clerk Jeanette Williams Community Development Manager Dom Bosworth City Engineer/Public Works Director Karen Miller Administrative Services Director/CFO Ken Killgore Human Resources Director Cindy Watson Contracts/Procurement Manager Don Wixon Golf Pro Greg Gardner Police Chief Dan Acosta Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS BrieiAnnouncements: May 25 - Florida Department of Transportation Public Meeting at City Hall from 5-7.30 p.m. to Discuss the SR-5/US-1 Resurfacing Project from Harrison St to Davis St Monday, May 29 — Memorial Day Observance —11: 00 am at the Veterans Memorial in Riverview Park Regular City Council Meeting May 24, 2023 Page 2 Vice Mayor Nunn announced the upcoming events. 7. PUBLIC INPUT Jim Moir displayed a PowerPoint presentation on the Marine Resources Council's St. Sebastian River Greenway Preserve and Nursery. (See attached) He said the Marine Resources Council owns two parcels, Indian River County owns two parcels and the City of Sebastian owns two parcels of the greenway and their goal is to re -nitrify the water shed by providing green space between various pollution sources and the waterway. The council hopes to grow sea grasses, buttonwoods and cord grasses for the restoration. Marris Garvin, restoration scientist for the nursery, introduced herself and said she they hope to be a presence and engage the public with their efforts. 8. CONSENT AGENDA A. Approval of Minutes — April 14, 2023 Charter Officers Contract Special Meeting B. Approval of Minutes — April 26, 2023 Project Workshop & Regular City Council Meeting C. Approval of Minutes — May 5, 2023 City Attorney Selection — Workshop & Special Meeting D. Approval of Minutes — May 10, 2023 Charter Officer Contract Negotiations Special Meeting 23.093 E. Approve Chief of Police Employment Agreement (Transmittal, Agreement) 23.094 F. Resolution No. R-23-12 — Partial Abandonment of Easement on Lot 12, Block 488, Sebastian Highlands Unit 15, 482 Azine Terrace (Transmittal, R-23-12, Survey, Report, Approvals, Application, Affidavit) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF AN EASEMENT ON LOT 12, BLOCK 488, SEBASTIAN HIGHLANDS UNIT 15, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. 23.095 G. Award the RFP #23-07 - Police Department Generator Transfer Switch Installation to Complete Electric in the Amount of $164,250 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, RFP, Bid Tab) 23.009 H. Award the ITB #23-09 to Royal Battery Distributors, Inc. for New Golf Cart Batteries as Needed at the Sebastian Municipal Golf Course and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, ITB, Bid Doc) Regular City Council Meeting May 24, 2023 Page 3 MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A-H. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS Vice Mayor Nunn said he participated in the distribution of the bed tax money at the Indian River County Tourist Development Council meeting this past week. He reported that Indian River County was up 9% since March; and up 13% since the first of the year which is very good for Sebastian. 10. PUBLIC HEARINGS 23.096 A. First Reading and Ouasi-Judicial Public Hearing for Ordinance No. 0-23-07 — Rezoning Map Amendment Sebastian Oaks, LLC, Louisiana Avenue (Transmittal, 0-23-07, Staff Report, Ex. A, Ex. B. Minutes, Letters) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RM-10 MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL DISTRICT FROM CURRENT ZONING DESIGNATION OF RM-8 — MEDIUM DENSITY MULTIPLE -FAMILY RESIDENTIAL DISTRICT FOR LAND LOCATED ON LOUISIANA AVENUE; CONSISTING OF 15.75 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN OAKS; AND SURROUNDED BY MULTI -FAMILY RESIDENTIAL ZONED PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Jones opened the public hearing at 6:13 p.m. and the City Attorney read the title to Ordinance No. 0-23-07. There were no ex parte communications to disclose by the Council Members and the City Clerk swore in all who were to provide testimony. Dennis Hobt, owner of the property introduced himself to put a face to the name. Jonathan Barkett, attorney for the applicant introduced himself and project engineer, Sean Greene and traffic engineer, Rebecca Mulcahy. Mr. Barkett said the applicant was applying to change this property to the new RM-10 designation to add additional units and pointed out that regardless of what happened tonight, the property has been zoned RM-8 for years and will still be developed as multi- Regular City Council Meeting May 24, 2023 Page 4 family residential. He said the staff report states it is compatible with the City's Code and the Land Development Code and it was apparent there are concerns with traffic but many of the concerns would be addressed at the site plan phase. The Community Development Manager said this was a request to rezone the property in accordance with the new density limits with the thought that it might provide for affordable housing. She noted there was a site plan submitted in 2021 and staff completed the first review but the applicant felt he could get another building in with the new zoning district so it was put on hold. He has since started this new application. She said staff did include the traffic analysis that was submitted in response to staff's comments from the initial review, but this hasn't been resubmitted to staff with the revised site plan. Staff has provided the comp plan items that Council should consider with their decision. Staff feels it is consistent with the zoning map and codes. Staff explained that if Council should approve this, the second reading would be scheduled for June 10 or if it wasn't approved the second reading would not be necessary. There was no one to speak in favor of the request. Bethany Fortunato, owner of Grace's Landing Senior Apartments, said the average age of her residents is late 70's to early 80's, and she has concerns with the traffic that would be generated; the access point is on a curve so it will cause visibility issues. She asked Council to give strong consideration of her comments and concerns. Rob Gribbroek, 1041 Foster Road, said a great deal of infrastructure will be needed to be made to make the project viable. He described how the train will cause the older residents to be stuck on the tracks leading to accidents and access to US 1 will be blocked. There are also blind spots on Louisiana Avenue. He suggested knocking the church's store out and putting in a traffic light. Jane Sonia, manager of Grace's Landing Senior Apartments, said traffic is going to be a problem as she struggles with her reflexes and eyesight and she is younger than the residents of Grace's Landing. She noted the rezoning will go with the land so in the future there might be even more units. She asked Council to consider this as they make their decision. Diana McNamara, Foster Road, said the 15 acres of woods the property is located on are beautiful. She asked Council to leave the property as it is. Mayor Jones closed the public hearing at 6:35 p.m. Mr. Barkett said they acknowledge the citizens have spoken but in considering the change, Council should consider competent, substantial evidence on the matter. The resident's objections are not viable evidence to reject the project. Regular City Council Meeting May 24, 2023 Page 5 The Community Development Manager said the zoning is going with the land and another developer could come with a different plan and noted RM 8 has been on that road since 1985 for multifamily to transition to commercial. She said a lot of the concerns could be addressed at site plan approval when staff has more of the permanent plan for the property. She advised that the concerns of the rezoning, raising the density, and traffic concerns could be considered by Council during their deliberations because those concerns have to do with concurrency. Mayor Jones said the existing zoning will provide for 126 units and with the RM-10 it will go to 157 units but he heard a difference of 18 units and asked for an explanation. The Community Development Manager said in 2021, they still had to get in stormwater, parking, and a club house so their engineer determined he could get another building can get in there. He revised the project to bring in another 18 units. She said another developer may come in with smaller units to get the maximum density. Council Member Dodd said RM-10 was created to entice affordable/attainable housing and the Land Development Code provides that a greater density is allowed but does not indicate it has to be reserved for workforce housing. If they grant a RM-10 expansion, they should be able to request some workforce housing but they have no way of requiring it. The Community Development Manager said RM-10 was created to allow more units to drive down the cost for the developer. Council Member Dodd said he understood that but he wasn't interested in seeing 150/130/120 apartments at $150041700 a month in Sebastian because that wasn't affordable housing. He said to increase the density; he would expect to see a site plan having to do with affordable housing. Vice Mayor Nunn asked if making a portion of Louisiana Avenue one-way was ever considered. The Community Development Manager said not through the rezoning, but there has been some design discussion at the intersection of Louisiana and Palmetto. Vice Mayor Nunn said he understood what is being discussed, it will make things more difficult for the residents but what is being asked for is legal and during the site plan he would definitely like to see those things addressed. Council Member Dixon said she would prefer a traffic study completed during the peak season and there should be a way to incorporate affordable housing. Council Member McPartlan said increasing the units from 8 to 10 in that little piece of area is a lot and he too would like to see something for affordable housing. He noted the experienced members of the Planning and Zoning Commission did not vote this through and he would have to go along with what they want. MOTION by Council Member Dixon and SECOND by Council Member McPartlan to deny the rezoning of land located on Louisiana Avenue, consisting of 15.75 acres from RM-8 to RM-10 medium density multiple -family residential. Regular City Council Meeting May 24, 2023 Page 6 Roll call: Council Member Dixon - aye Council Member Dodd - nay Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 4-1 11. UNFINISHED BUSINESS 23.097 A. Resolution No. R-23-11 — Approving a Collective Bargaining Agreement to be Effective January 1. 2023 to September 30. 2025 between the City of Sebastian and the International Union of Police Associations. AFL-CIO (IUPA) Local 6054 and Local 6056 for the Full -Time and Part -Time (Excluding Temporary and Seasonal Employees) Hourly Employees (Transmittal. R-23-11. Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A TWO YEAR AND NINE MONTH CONTRACT FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO (IUPA) LOCAL 6054 AND LOCAL 6056 AND THE CITY OF SEBASTIAN FOR THE PERIOD JANUARY 1, 2023 THROUGH SEPTEMBER 30, 2025; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID TWO YEARS AND NINE MONTHS CONTRACT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER' S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said he has been in negotiations with the general employees and supervisors who have ratified the vote but it was brought to the City's attention that the unpaid lunch was listed as paid requiring the City to go back to the union for a new vote. Council Member Dodd said there were three things that Council talked about in the caucus: the scrivener's error with the paid lunch; the flexibility to allow the administrative department heads to do flex scheduling; and moving the effective date of the contract back to October 1, 2022. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to not approve Resolution No. R-23-11 and have the City Manager take it back to the bargaining unit with the following changes: On page 9, 7.1(d): Employees will be paid for an eight (8) hour day. In order to be entitled to the one (1) hour unpaid lunch, the employee must have worked four and a half (4 %2) hours of their shift. Hours of Operation: Administrative employee's hours of work are from 8:00 a.m. to 5:00 p.m. Monday through Friday. The administrative Regular City Council Meeting May 24, 2023 Page 7 department heads may produce a flex schedule based on their approval. And the effective date of the contract should move from January 1, 2023 to October 1, 2022. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.074 B. Approve the Purchase of Employee Short Term Disabilitv Insurance from Lincoln Financial Group with an Adiustment from the Enterprise, Stormwater and General Fund Budgeted Reserves (Transmittal, RFP Evaluation) MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to remove this item that was tabled at the April 12, 2023 meeting. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve the purchase of employee short term disability insurance from Lincoln Financial Group. There was no public input. Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 23.019 C. Consider Approval of the Charter Officer's Pay Raises (Transmittal, Chart, Minutes) MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve the Charter Officer pay raises back to October 1, 2022, in accordance with the chart provided in the backup. This included the pay for former City Attorney Manny Anon. There was no public input. Council Member McPartlan said he couldn't give the charter officers the increase in good faith until all of the union contracts are completed at this time. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Regular City Council Meeting May 24, 2023 Page 8 Council Member Dodd - aye Council Member McPartlan - nay Motion carried. 4-1 23.019 D. Auprove the Citv Clerk's Renegotiated Emulovment Contract in Accordance with Resolution No. R-23-03 (Transmittal, Contract) Council Member Dodd asked what the effective date would be of the contract. The Interim City Attorney advised that he and the Clerk were in agreement that she wouldn't sign the agreement until the exempt employees benefit package was approved at the next Council meeting. Once the agreement was signed, that would be the effective date. MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the employment agreement with the City Clerk to be effective upon execution by the City Clerk. There was no public input. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 12. NEW BUSINESS 23.036 A. Resolution No. R-23-09 — Accepting the 2nd Ouarter Financial Report and Recognizing Necessary Amendments and Adiustments to the FY 2022-2023 Annual Budget (Transmittal, R-23-09, 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, 2022 AND ENDING SEPTEMBER 30, 2023 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The Chief Financial Officer said the amendment included the adjustments made by the City Manager under his authority. Most of the transfers were from the non -department accounts with the contribution of the CRA fund, and insurance premium accounts. The City is on target with the general fund account; the stormwater fund is at a 94% collection rate; the golf course's revenues are up $100,000 from last year; the airport's property premiums are expected to go up; and the building fund's operating expenses are lower this month. He reminded Council that the capital projects include grant funds that haven't been received yet and asked Council for any questions. Regular City Council Meeting May 24, 2023 Page 9 MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to approve Resolution No. R-23-09 accepting the 2nd quarter financial report and recognizing the necessary amendments. There was no public input. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.098 B. Auurove Colin Baenziaer and Associates to Provide Recruitment Services for a Citv Manager (Transmittal, Proposal, Appendices) MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to not approve the proposal from Colin Baenziger and Associates, but to just move forward. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager said this was his last meeting in Sebastian and it has been a great opportunity to serve the citizens and Council. He thanked Council for giving Brian the opportunity to serve as the interim city manager. Mayor Jones asked what is the expected date to begin the box culvert project on Laconia. The City Manager said he wasn't sure of the start date for the bridge. 15. CITY CLERK MATTERS The City Clerk advised the FDOT meeting announced at the beginning of the meeting was moved to August. 16. CITY COUNCIL MATTERS A. Council Member McPartlan i. Discuss Lowerina the Speed Limit Throughout the City to 25 mph in Residential and Other Certain Roads Similarly to Port St. Lucie Regular City Council Meeting May 24, 2023 Page 10 Council Member McPartlan said there are a lot of residential areas that have a 30 mph speed limit but you really can't have two cars going 30 mph alongside each other. He suggested they have a 25 mph in most residential areas unless otherwise noted. Mayor Jones noted the state minimum is 30 mph and you can go up to 5 mph over the limit without receiving a citation. Council Member Dodd said he would like to see a study completed on the impact, advantages and cost of lowering the speed limit. Council Member Dixon said she has been looking at the different news articles on this. She noted that people will still disregard the posted speed limit. Vice Mayor Nunn said he wasn't in favor of changing the whole City to 25 mph but there are some streets that may require a lower speed limit. Council Member McPartlan said he was concerned with residential areas. Mayor Jones suggested tasking the Police Department to do some selective enforcement that will help slow down speeders over time. He said it wouldn't take long for people to become aware. B. Mayor Jones thanked the City Manager for his service over the last five years and always answering his questions. C. Vice Mayor Nunn also thanked the City Manager for his service and answering his requests for information and knowledge. He said he lost good friend Saturday, and he reminded everyone to tell their family that they love them and never take a day for granted. D. Council Member Dixon said it has been great working with the City Manager and wished him luck. E. Council Member Dodd thanked the City Manager for making every effort in assisting Brian in the transition. He said he noticed the American Legion has finished their project on their property and it looks really good. Mayor Jones noted that was due to the contractor. Mayor Jones thanked Felicia Gordian, the City's Environmental Technician, for going out with the Marine Resources Council to tour the Sebastian River Greenway Preserve and Nursery the other day. He said it was very important to share the information on how to protect the lagoon. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 7:31 p.m. Regular City Council Meeting May 24, 2023 Page 11 Approved at the June 14, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST: J nette Williams, City Clerk MRC Marine Resources Council SaveTheIRL.org St. Sebastian River Greenway Preserve & Nursery 3275 Dixie Hwy NE, palm Bay, FL 32905 • 321.725.7775 Overview Who is the Marine Resource Council? What and where is the St. Sebastian River Greenway? What are the plans and goals for the property? 3275 Dixie Hwy NE palm Bay, FL 32905 321.725.7775 00000 N 0 0.5 1 2 Miles I .9 Y d f' + Ak MRCIndian River County, Esn. HERE, Garmin. SaveThelRL.arg INCREMENT R. NGn, u5G5 St. Sebastian River Greenway The property was purchased using Florida Communities Trust grant funds in 2003. MRC owns two parcels Indian River County owns two parcels The City of Sebastian owns two parcels MRC manages the entire property ("20 acres) MRC MaveThe IR Gonad SaveThelRl.org St. Sebastian Greenway c.. oisw.Mo.a e..n. �bMSM.Gar sai.o.. WMNouo.Gurd,...m —YYWginY fWaMGIM1. (A jplq. aAO. T � a Rr .cr `r } � � -• .:.i e i F Alf tip_ i i i, f .a �� Y 0"• i . Marine Resources Counci MRC MaveThe[RL.or l SaveThelRL.org MRC was founded in 1983 and is a 501 c(3) organization that is devoted to protecting and restoring the Indian River Lagoon through sound science. Our mission is "to improve water quality and to protect and restore the fish and wildlife resources of the Indian River Lagoon, coastal waters, inshore reefs, and the watershed by advocating and using sound science, education and the involvement of the public at large" 3275 Dixie NwY NE, Palm 81Y, FL 32905 • 321.725.7775 Science + Education + Action Mangrove Nursery MRC currently grows "2000 red, black, and white mangroves for IRL MRCrestoration neThe] ev .org SaveThel RL.org Looking to the Future rowing seagrasses, nursery by etation for restoration and our restoration other upland veg MRC hopes to exp grasses, buttonwoods, cord purposes. rovide plants from e stop nursery that can p The goal is to have a on _ to terrestrial habitats. Seas" ' marine "From Trees to 3275 Dixie Hwy NE, Palm Bay, FL 32905 1 'ENTRANCE Looking to the Future Engaging the Public: • Walking/hiking trails for the public • Educational signage • Education center • ADA accessible restroom • Volunteer opportunities — Roa Conservator P.P.Ay Spa na Nursery - WHI Pond — Trad � M.,.. Nursery SAV Nursery M RC SaveThel RL.org