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HomeMy WebLinkAbout01-24-2024 CC MinutesSEBASTIAN (ENTENNIAL (ELERRATION 1914.1014 SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, JANUARY 24, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Vice Mayor Dixon led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan (arrived 6:12pm) Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Deputy City Clerk Catherine Walker Police Chief Dan Acosta Police Lt. Dino Savvidis AGENDA MODIFICATIONS Mayor Dodd asked to add a Human Trafficking Proclamation as Item #C. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Regular City Council & CRA Meeting January 24, 2024 Page 2 Brief Announcements: Saturday, January 27 - Barb Snow's 4th Annual Sweet Tea Sip & Stroll at Riverview Park — 9: 30am — Spm Sunday, January 28 - Barb Snow's 4th Annual Sweet Tea Sip & Stroll at Riverview Park —10am — 4pm Friday, February 2 — Chamber of Commerce Concert in the Park — Johnny and the Blaze - 5: 30pm-8pm Saturday, February 3 — Four Chaplains Ceremony — Riverview Park — I1: 00am Vice Mayor Dixon announced the upcoming events. Mayor Dodd added that the City has been designated as a Tree City USA again. 24.021 A. Barry Shapiro — 6th Annual Vero Beach Sock Drive Mr. Shapiro said he started the sock drive six years ago with small expectations and it has grown to fourteen different charities. He noted socks and underwear are the most requested items by the homeless and this is a small ground level way to help. He described three events coming up to benefit the homeless. He thanked the business and religious organizations that are helping with collecting the socks and underwear. B. Introduction of New Parks and Recreation Director Richard Blankenship The City Manager introduced and welcomed the New Parks and Recreation Director, Richard Blankenship and Deputy City Clerk, Catherine Walker. He noted that in the future, he would bring the new Procurement Manager to the meeting for introduction. C. "Don't Take the Bait" Video Presentation and Proclamation on Child Trafficking — Tracy Ruleman, Florida Faith Alliance Mayor Dodd said he recently watched the presentation at a Florida League of Cities meeting and he was amazed at the complexity of the problem. He asked that the video be played to educate all who might be watching. He read and presented the proclamation to Ms. Ruleman and members of the Florida Faith Alliance. 7. PUBLIC INPUT Damien Gilliams, 1623 US Highway 1, thanked the City Manager and his new staff for assisting him with his business. He described how he went to the County Tuesday to receive an update on connecting the sewer line to his business. He presented drawings to the Clerk. Regular City Council & CRA Meeting January 24, 2024 Page 3 8. Mayor Dodd recessed the City Council meeting at 6:28 p.m. and convened the Community Redevelopment meeting. A. Motion by Mr. Jones and SECOND by Mr. McPartlan to approve the minutes of the December 13, 2023 CRA Meeting with a unanimous voice vote of 5-0. 24.015 B. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along Indian River Drive in the CRA District (Transmittal, Details) The City Manager said the City's Signage Master Plan was approved in July 2020 that included funding for kiosks along Indian River Drive. He said the consultant developed the design presented to them tonight noting there will be three kiosks along Indian River Drive. There was no public input. MOTION by Mr. Jones and SECOND by Chairman Dodd to recommend approval of the design to City Council passed with a unanimous voice vote of 5-0. 6: 3S pm 24.016 C. Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion, Phase 1 (Transmittal, CSA#3, Agreement) The City Manager said staff was seeking approval for grant administration services for the Working Waterfront permitting, design and engineering services to expand the existing area and provide additional dockage for commercial fishing vessels. Mayor Dodd added that there are some aquatic commercial businesses just south of the expansion area that will be able to use the new docks. The Community Development Director explained this was the first step to design the docks before they move to construction. In response to Nicolette Mariano, owner of Treasure Coast Shellfish, the Community Development Director confirmed that the dockage will be used for other aquaculture businesses. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to recommend to City Council to approve the grant administration services from CoastalWide LLC for the Working Waterfront Expansion passed with a unanimous voice vote of 5-0. 9. Chairman Dodd adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:39 p.m. 10. CONSENT AGENDA A. Approval of Minutes — January 10, 2024 Regular City Council Meeting Regular City Council & CRA Meeting January 24, 2024 Page 4 24.022 B. Approve the Use of the City Council Chambers with No Fee for the Florida Inland Navigation District (FIND) to Conduct Their Quarterly Board Meeting on Friday, February 16, 2024 (Transmittal) MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Consent Agenda Items A and B passed with a unanimous voice vote of 5-0. 11. COMMITTEE REPORTS & APPOINTMENTS Council Member Jones reported that at the Indian River County Beach & Shore Preservation Advisory Committee four derelict vessels were earmarked to be removed by the end of the year and he displayed the vessels on the overhead. (See attached) 12. PUBLIC HEARINGS 24.023 A. Ouasi-Judicial Public Heariniz of Resolution No. R-23-28 — Subdivision Preliminary Plat for Cross Creek Lake Estates Addition — 24.43 Acres, 35 Lots, 1.43 du/acre — Powerline Road/Yearlinp- Trail — VLDR Future Land Use (Very Low Density Residential, Max 3 units/acre) — RS-10 Zoninp- District (Residential Single-Familv) (Transmittal, R-23-28, Staff Report, School Concurrencv Letter, Environmental Report, Scrub Jay Report, Application, Preliminary Plat, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A PROJECT KNOWN AS CROSS CREEK LAKES ESTATES ADDITION, A 35-LOT RESIDENTIAL SUBDIVISION CONSISTING OF 24.43 ACRES LOCATED ADJACENT AND SOUTH & WEST OF CROSS CREEK LAKE ESTATES AND YEARLING TRAIL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution R-23-28. There were no ex parte communications to disclose. The City Clerk swore in those who intended to provide testimony Warren Dill, attorney for the applicant introduced Dr. Henry Fischer, who was present as well as the project engineer, Joe Schulke. They were requesting approval of the preliminary subdivision plat for Cross Creek Addition. He said they were putting 35 lots on 24 acres making the density 1.43 units per acre. He said when the parent parcel was annexed into the City in 2004, the City has an annexation benefit program that required developers to demonstrate a benefit the annexation would give to the city in addition to the usual things. At that time, Dr. Fischer's benefit was that he would pave Powerline Road from Barber Street to the entrance of Cross Creek Lake Estates and subsequently Council asked him to pave up to the southern boundary of the property. He described how in 2004, the preliminary plat was presented to Council with a second access on Shakespeare Street and had that gone through, there would be no issues but some residents showed up and convinced Council to deny the use of Shakespeare so it was Regular City Council & CRA Meeting January 24, 2024 Page 5 7: 04 pm redesigned with an "adjustment to the subdivision regulations." This redesign mandated that the emergency access could count as the secondary access and Dr. Fischer considered the matter finished. Mr. Dill continued to say in 2005, Cross Creek "Addition" came in and Dr. Fischer was required to provide another annexation benefit which was the paving of Powerline Road all the way to County Road 510. It was always intended that the "addition" would be a phase to Cross Creek Estates because it was landlocked and the declaration of covenants recorded in 2013 included the future of the addition. In 2019/2020 there was discussion to prepare for the addition but the City's position was that it was a whole new subdivision because it wasn't included in original 2004 preliminary plat. In working with staff, it was concluded that all of the new requirements had to be met, the main entrance could be used but a secondary access was needed. He stated five reasons why the addition should be considered a phase: Given the history of the property, how long it had been in City, the annexation benefits, it is landlocked and the deed restriction have always contemplated this to be a phase The residents of Shakespeare, Lanfair, Memorial and Lighthouse do not want an access on Shakespeare Prior to City Council action in denying the use of Shakespeare it should not be now used against them There are two access points — the main entrance and emergency access Council recently sealed the fate of Shakespeare when the River Oaks Preserve Subdivision was approved with the understanding that there will never be access on Shakespeare. Mr. Dill requested Council to approve Resolution No. R-23-28 with the deletion of the requirement to construct a secondary access as well as the requirement to give a recreation benefit for the public because it is landlocked without public access. He noted they do have 1.28 acres for recreation with an internal boat ramp for the residents. The Community Development Manager asked that the staff report be entered into record and confirmed it is 24 acres, with 35 single lots which is 1.43 dwelling units per acre. She said in 2013/2014 there was a document recorded that added these 24 acres into the covenants and deeds restrictions which does not make the addition in compliance with the City's code and she noted the City does not have any documents or plans showing the 24 acres would be a future phase. In 2019/2020 the City did review and approve a plat for the 24 acres (22 lots) with an emergency access on Shakespeare Street but at that time River Oaks had not come in with their new application so there wasn't a connection to CR510. There was a petition from the residents who were requesting the emergency Regular City Council & CRA Meeting January 24, 2024 Page 6 access. Since construction drawings weren't submitted within 18 months, the plan expired. There has always been a requirement that a subdivision with 25 lots or more does require two full accesses. She noted the Code does allow for an adjustment for one full access and one emergency access but it is an emergency issue now with the increased 35 lots. She said staff still feels that another emergency access is needed in case of flooding, fire, or traffic accident backup. She noted it is designed on the last page of the preliminary plat and it would be regulated by the homeowners association. She said the three options provided by staff would be take into consideration some of the information that Mr. Dill offered if they felt that another adjustment should be granted to consider this part of the parent parcel or if they did not feel the need for a second emergency access or second full access. The Community Development Manager also explained the recreation requirement is designed to help with the new growth the subdivision will bring to the City-wide amenities that will be used. If recreation -in -lieu is used, Dr. Fischer could put the appraised value of one acre into a trust fund to go with property when it becomes available in the same area that recreation impact fees would address. She noted that the applicant is seeking two other adjustments to include the proposal of four fire hydrants and a stabilized access easement to connect the two northern and southern cud -de -sacs for emergency vehicles as well as having property owners install lamp posts on their individual properties to take the place of street lights. Mayor Dodd said he could support recommendation C with language stating that the City considers the emergency reestablished as its second entrance. Mayor Dodd called for a recess at 7:24 p.m. and upon return at 7:31 p.m. all members were present. Council Member McPartlan said he was in agreement with recommendation C and the donation of land for the community to use. Council Member Jones and Vice Mayor Dixon also agreed with recommendation C. Council Member Nunn asked if the development could turn the emergency access into a permanent entrance in the future. The Community Development Manager advised that they should include the emergency access only for emergencies in perpetuity in their motion. The Community Development Manager said there were some guidelines in the code to determine fair market value for recreational land in the same area of the subdivision 7: 41 pm Colleen Sherry, resident of Cross Creek Lake Estates, suggested requiring the applicant to purchase land to connect the subdivision to CR510 as she was opposed to opening the main entrance to the construction trucks and the public. Regular City Council & CRA Meeting January 24, 2024 Page 7 Diane Spagnolia, Lanfair Avenue, said all access would be insane because Lanfair doesn't connect anywhere. Paul Jamieson, 603 Yearling Trail, said what they were planning wasn't the greatest thing for the neighborhood but if it was to be passed, he supported recommendation C. Dr. Jeff Carrier said he agreed with Mr. Dill; he is in favor of recommendation C. Ron Silvan, 505 Yearling Trail, said the emergency gate isn't paved and slopes down to a retention pond. He also said in the back 25 acres, people are hunting wild hogs so it is currently open for recreational game. Mr. Dill said they could use the main entrance or emergency access as the construction entrance. He noted the homeowners association does plan to charge the new residents a $1,000-1,500 fee to repair any damage that might happen due to construction. 7: 56 pm The Community Development Manager stated that staff is recommending option B however if Council goes with another option, the motion should include any adjustments regarding the second entrance or recreation fee. Mayor Dodd said he would prefer some parameters for the one acre requirement. Vice Mayor Dixon said she would like to see the original conditions for the parent parcel. The Community Development Director offered to bring the language back at a future date. The Community Development Manager cited the regulation and noted it would have to be worked out before the final platting of the subdivision. The City Manager said the code leaves the option open to allocate a dollar amount or go with a fair market assessment of one acre. Council Member Nunn said the appraisal should be done in the same recreational district that they are in. MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve Resolution R- 23-28 that they replace section 3B with the language that is contained in option C on page 63 of the agenda packet. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 Regular City Council & CRA Meeting January 24, 2024 Page 8 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 24.024 A. Consideration of First Amendment to Lease Ajareement with Crab E. Bill's. Inc. and Authorize the Mayor to Execute Appropriate Documentation (Transmittal, Amendment, Lease, Inventory Sheet) Mayor Dodd explained the building has been condemned for the last two years and the problem is with the building which can't be fixed with Crab E Bills operating in there. Council Member McPartlan added that the building is old but not historical. Carmine Leonetti, manager at Crab E Bill's, said he loves the city and hopes Council will continue to honor the Stan Mayfield Working Waterfront grant highlighting the fishermen by giving them a chance to stay open. Michael Krishner, Crab E Bill's employee, said he understands closing the restaurant portion but there wasn't a need to close the market portion as well. Susan Andrews, President and CEO of Crab E Bills, said she didn't see an issue to keeping the market open while the back of the building was worked on. Alice Teppermarlin, 116 South Carmel Court, said Crab E Bills is a real treasure. She asked that the market be allowed to remain open during repairs. Beverly Hipkins, Vero Beach, said she has been a long time customer of Crab E Bills. Scott Bayman, Vero Beach, said he has been a customer for 17 years and asked Council to do what is necessary to leave the market open. Ron Gaber, Indian River Shores, said he and his wife are long-time customers of Crab E Bills and while Hurricane Harbor isn't historically designated, it is still part of Sebastian's history. He asked Council to preserve the building. Eric Beaters, Melbourne, said he has been running a commercial spear fishing operation out of Sebastian and it is critical to allow Crab E Bills to continue their business in the current location. Roland Mulsuski, Sebastian, asked Council to do everything they can to preserve the building. Cathy Cheshire, Indian River Drive, said the building is still standing after so many hurricanes and asked Council to give Crab E Bills another chance. Regular City Council & CRA Meeting January 24, 2024 Page 9 8: 45 pm Nancy Lucasto, Vero Beach, said the iconic nature of the building truly lends itself to what we are trying to do on the waterfront. She asked Council to think of a plan to save the building. John Danise, 164 Copley Terrace, said he walks the waterfront four times a week and fears the waterfront will be condos. Jill Moler said Crab E. Bills has the best seafood and is an essential part of the economy. Nicolette Mariano, owner of Treasure Coast Shellfish, said Crab E Bills is one of the only two businesses in town that purchases her oysters; if it closes, it will financially impact her business. Peggy Atkinson asked Council to preserve the authenticity of local entrepreneurship. Matson Scott asked Council to support Crab E. Bills. Cody Hume said Crab E Bills has given him the opportunity to sell his fish. It would detrimental to take Crab E Bills away. David Barney, 1550 Penlynn Street, said there isn't a better fish monger than Crab E Bills; it is possible to keep the market open while repairing the back. Council Member McPartlan said the Working Waterfront won't ever go away but the concern is the safety of the building. He noted the City has fulfilled the 10-year lease obligation and now they need to decide what they are going to do. He said he was in favor of extending the lease until June. Council Member Jones said it was a safety issue for him. Vice Mayor Dixon said she would love to see if it was possible to leave the market open when repairs are done. Council Member Nunn said the property will never be developed as condos because it is tied to the Stan Mayfield Working Waterfront grant. He described how it wasn't possible to keep the market open while replacing the roof. He said they could all be held personally liable if something bad were to happen. Mayor Dodd said Crab E Bills is not synonymous with the building, noting those who spoke about driving up from Vero to go to Crab E Bills were not visiting the building. He said while he was looking for solutions to keep the market open an attorney showed up to threaten to sue the City. He said he was willing to see what can be done since Crab E Bills didn't create the problem for themselves. He said from his perspective, it isn't a closed issue because there are other locations that Crab E Bills can move to; he doesn't want anybody to get hurt in the building. Regular City Council & CRA Meeting January 24, 2024 Page 10 Mayor Dodd put forth an invitation to assist Crab E Bills to stay in business but not in that building. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve the amendment lease to keep Crab E Bills in the building until the end of the season. Roll call: Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 4-1 At 9:02 p.m., Mayor Dodd called for a recess. Upon return at 9:07 p.m., all members were present. 24.025 B. Approve the "Piggyback" Emergency Purchase of One (1) Ford F 150 4x4 Marked Patrol Vehicle in the Amount of $52,327.00 from Bartow Ford (Transmittal, Letter, Approval Form, Ouote) The City Manager said this was an emergency replacement purchase that will utilize insurance settlement and funds from the Renewal and Replacement Account. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approval the emergency purchase of the Ford F 150. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 24.015 C. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along Indian River Drive in the CRA District (Transmittal, Details) The City Manager said this was previously recommended by the CRA board and staff recommended approval of the kiosk design. MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve the design of the kiosks to be placed along Indian River Drive passed with a unanimous voice vote of 5-0. Roll call: Council Member Jones - aye Council Member McPartlan - aye Regular City Council & CRA Meeting January 24, 2024 Page 11 Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.016 D. Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion. Phase 1 (Transmittal. CSA#3. Agreement) The City Manager said this was for the permitting, design and engineering services to create additional dock space for commercial fishing vessels and potential future oyster and aquaculture farms. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the grant administration services from CoastalWide LLC for the Working Waterfront Expansion. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 24.026 E. Apuroval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2024-2025 (Transmittal. Calendar) Mayor Dodd said he would like to put together a better charter for the Budget Review Advisory Board because in the past few years they seem to be reviewing the reports from staff and with this calendar, City Council will be the second entity reviewing the budget after the fact. He suggested that Council provide comments to the City Manager on what they would like the board to do in the budget process prior to the next Council meeting. The Finance Director explained that he puts together the summaries to provide transparency and said there wasn't much value in meeting the six times prior to the adoption of the next budget. Council Member Nunn said his appointee revealed to him that what they seem to do is review what was spent already and maybe they should be involved in the before -hand process. Vice Mayor Dixon said including them in the process would almost be as if there is too many cooks in the kitchen; it would be challenging as she understands their desire to want to be a part of it. Council Member Jones said he would still like to have other eyes on the budget from a public prospective. Regular City Council & CRA Meeting January 24, 2024 Page 12 Council Member McPartlan noted there are many valuable members on the committee who do question things. He said given the two planned workshops maybe some of the board meetings could be cut down but he does like their oversight. Terry McGinn said the Finance Director does bring in a good presentation and some members do spend time with the detail and some don't. He suggested they change the process and invite the board to the Council's workshops. MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve the budget calendar for preparation of 24/25 budget passed with a voice vote of 5-0. 15. CITY ATTORNEY MATTERS - None MOTION by Mayor Dodd and SECOND by Council Member McPartlan to extend the meeting to 10:00 p.m. if needed. 16. CITY MANAGER MATTERS The City Manager said the new Parks and Recreation Director has advised him that there is a federal land and water conservation grant opportunity to help with the Riverview Park Master Plan. He asked for approval to submit the grant application by January 3151. It was the consensus of Council to apply. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Mayor Dodd said the centennial booth was at this last weekend's Fine Art and Music Festival and it was a blooming success. B. Council Member McPartlan - None C. Council Member Jones - None D. Council Member Nunn - None E. Vice Mayor Dixon said the art festival was wonderful. 19. Being no further business, Mayor Dodd adjourned the Regular Meeting at 9:27 p.m. Approve at the February 14, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST.' Je ette Williams, City Clerk