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HomeMy WebLinkAbout02-14-2024 CC MinutesSEBASTIAN (ENTENNI/L (ELEBBATION 1914.1014 SEBASTIAN CITY COUNCIL BOARD OF ADJUSTMENT & REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 14, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Deputy City Clerk Catherine Walker Finance Director/CFO Ken Killgore Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Parks and Recreation Director Richard Blankenship Police Captain Tim Wood 5. AGENDA MODIFICATIONS Mayor Dodd requested to add the discussion of joining a Form 6 lawsuit as New Business Item 14E. It was unanimously supported with a voice vote. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS A. Proclamation - Declarine the Citv of Sebastian to be a Moonshot Communitv Regular City Council & BOA Meeting February 14, 2024 Page 2 Mayor Dodd read and presented the proclamation to Marie O'Brien and members of the Indian River County Learning Alliance. Sebastian River High School State Football Champ Coach William Franklin described how literacy directly impacts the success of the football team and the children. BriefAnnouncements: Friday, February 16 — Chamber of Commerce Concert in the Park — St. John's Wood — 5: 30pm- 8:00pm Saturday, February 17 - Sebastian River Art Club at Riverview Park - 10am — 3pm Monday, February 19- In Observance of Presidents Day City Hall will be closed FDOT Workshop to develop viable alternatives to widen CR510 from 5e Avenue to east of SR 51US 1 from two to four lanes including sidewalks, bike lanes, and multi -use paths Virtual —February 27 at 6:06pm https:llbit.lvlcr510nde In Person — February 29 at 5:30pm in the IRC MPO Boardroom Mayor Dodd announced that Council Member McPartlan was appointed as the chairman of the Indian River County Metropolitan Planning Organization this morning. Vice Mayor Dixon announced the upcoming events. THIi il-91 Richard Gillmor, Sebastian, thanked Council for their service noting they receive very little salary for what they do and maybe at the next Charter Review, their salaries could be increased. He also thanked the City Manager for the current park conditions. 8. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:19 p.m. A. MOTION by Mr. Jones and SECOND by Mr. Nunn to approve the minutes of the January 10, 2024 Board of Adjustment meeting were approved with a unanimous voice vote of 5-0. B. Variance Reauest from Property Owners Andrew & Alina Davis for Relief from Section 54-2-7.7(c)(1) of the Land Development Code to Allow a 6-foot High Fence to Extend 1.25 feet 0 5 inches) Bevond the Front House Line into the Front Yard Whereas the Code Requires the Fence to be a Maximum of 4-feet High on the Property Located at 658 Badger Street (Transmittal. Staff Renort. Exhibits A- E) The City Attorney read the title to Mr. and Mrs. Davis' request and swore in all who would be providing testimony. There were no ex parte communications to disclose. Regular City Council & BOA Meeting February 14, 2024 Page 3 Andrew Davis introduced himself and went over the photos in the agenda backup indicating the layout was carelessly planned by the original builder since the septic drain field was buried across the front plain of the house and there was no alternative option to properly install the posts for the gates. He requested approval of the variance. The Community Development Manager said the code allows a fence to be on the property line but designates when you must drop down from a 6 foot fence to a 4 foot fence and noted Mr. Davis did not have a say in the placement of the septic tank. She said staff did offer four options on page 42 and 43 that would allow Mr. Davis to maintain some privacy and staff was recommending option B or D. Mr. Nunn said this situation was exactly why there are variances, and he asked if they could avoid this in the future by making sure the septic drain field sits back behind the house. The Community Development Manager said staff has been finding there is quite a few of residents coming in on corner lots. She offered to change the fence code if the board felt there was a reasonable amount of tanks planned for the front of the house or they could adjust the septic tank code so that no part of the tank could be in front of the front house line. Mr. Nunn said option B made the most sense. Mr. Jones said this is a prime example of why they have variance requests; he favored item B. Chairman Dodd said the Health Department sets the position on the septic tanks so they should be careful of making a change to the drain field. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve variance option B. There was no public input. A unanimous voice vote of 5-0 was taken. 9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:38 p.m. 10. CONSENT AGENDA A. Approval of Minutes — January 24 2024 Work Session B. Approval of Minutes — January 24 2024 Regular City Council Meeting 24.028 C. Request for the Natural Resources Board to Sell Alcohol (Beer Only) at the Upcoming Earth Day Celebration in Riverview Park (Transmittal Proposal) 24.029 D. Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in Conjunction with Roadway Repaving (Transmittal, ITB, Bid Sheet, Agreement) Regular City Council & BOA Meeting February 14, 2024 Page 4 24.030 E. Approve Grant Administration Services from Guardian CRM, Inc. for CDBG Entitlement Funding for Annual Action Plan FY 2023/2024 (Transmittal, CSA#8, Letter) 24.031 F. Alcohol Beverage Approval (Transmittal, Application, Receipt) Mayor Dodd and Council Member Jones asked to pull Item D. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Consent Agenda Items A, B, C, E and F. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 Item D - ADvrove Amendment #3 to ITB 23-15 for Citvwide Swale Improvements in Coniunction with Roadwav Repaving Program Mayor Dodd stated that he pulled this item to point out that no additional money would be needed for this amendment. The City Manager confirmed this was in conjunction with the road repaving project. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve Consent Agenda Item D passed with a unanimous voice vote of 5-0. 11. COMMITTEE REPORTS & APPOINTMENTS 24.032 A. Natural Resources Board (Transmittal, Applications, Member List, Advertisement) Mike Clifford, applicant, introduced himself stating he has lived in Sebastian since 1978. Council Member Jones thanked him for volunteering for the board. Matt Krauss, applicant, introduced himself stating he has experience in the natural resources field and he would like to volunteer for the City. MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to appoint Mr. Clifford and Mr. Krauss to the Natural Resources Board. The City Clerk asked the Mayor to identify which position each gentleman would be taking noting there is a provision that a full term can be added to a remaining term of three months or less. She asked that the advertising rules be waived to make the first position expire in three years, five months to give the applicant a full term. Regular City Council & BOA Meeting February 14, 2024 Page 5 Vice Mayor Dixon and Council Member Nunn agreed to withdraw their motion. MOTION by Council Member Nunn to waive the rules to extend the term to year 2027, allowing Michael Clifford take Mr. Carrier's position. The motion was seconded by Council Member McPartlan and passed with a unanimous voice vote of 5-0. MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to have Matt Krauss take Ms. Callaghan's position until July 2025 passed with a unanimous voice vote of 5-0. 24.007 B. Citizens Budget Review Advisory Board (Transmittal, Application, Member List. Advertisement) MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to reappoint Grace Reed to the alternate member position passed with a unanimous voice vote of 5-0. Council Member Jones thanked Ms. Reed for her continued success on the board. 24.035 C. Discussion and Appointment of Sebastian River Area Chamber of Commerce Ex Officio Board Liaison (Transmittal, Letter) Mayor Dodd asked to add this position on the regional board and committee list that is reviewed each December after the election. He noted that Council Member Nunn has been serving on the board for the last year and a half and he proposed that he continued that service. There was unanimous consent to have Council Member Nunn continue with Council Member Jones serving as the alternate member. Mayor Dodd called for a break at 6:52 p.m. and upon return at 6:57 p.m., all members were present. 12. PUBLIC HEARINGS 24.036 A. First Reading and Public Hearing of Ordinance No. 0-24-01 - Proposed Land Development Code Amendment — Article XXII and Article XVI Amending Sections Relating to Murals (Transmittal, 0-24-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABELITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read the title of Ordinance No. 0-24-01. The Community Development Director said staff was making the recommendations underlined in blue (in the agenda backup) to bring more conformity to what was already on the books. Council Member Jones noted mixed materials would be allowed as long as the image conforms Regular City Council & BOA Meeting February 14, 2024 Page 6 with the established rules. Council Member Nunn confirmed that this would be allowed on City owned buildings. MOTION by Council Member Nunn and SECOND by Council Member Jones to pass Ordinance No. 0-24-01 on first reading and set the next reading for February 28 passed with a unanimous voice vote of 5-0. There was no public input. 24.037 B. First Reading and Ouasi-Judicial Hearing of Ordinance No. 0-24-02 — Request for Rezoning — Old Public Works Compound (Transmittal. 0-24-02. Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) FROM THE CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE), FOR LAND CONSISTING OF 4.13 ACRES, MORE OR LESS, KNOWN AS THE OLD PUBLIC WORKS COMPOUND; LOCATED NORTH OF SEBASTIAN BOULEVARD, SOUTH AND WEST OF ORANGE HEIGHTS SUBDIVISION, AND WEST OF AMERICAN LEGION POST 189; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-24-02. The Community Development Director said staff felt the highest and best use would be to rezone the property from public service to general commercial. There was no ex parte communication to disclose from any members. There was no one to speak in favor or against this request. Council Members Nunn and Jones said they were happy this was moving forward. The City Attorney asked them to restrict the discussion to the zoning and not the potential future purchase of the property. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Ordinance No. 0-24-02 on first reading and set a second reading for February 28 h. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 24.038 C. First Readina and Ouasi-Judicial Public Hearin¢ of Ordinance No. 0-24-03 — Reauest for Rezonina — Warrior Recvclina (Transmittal. 0-24-03. Reoort) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF HI (HEAVY INDUSTRIAL) FROM THE CURRENT ZONING DESIGNATION OF IN (INDUSTRIAL), FOR LAND CONSISTING OF 5.13 ACRES, MORE OR LESS, KNOWN AS WARRIOR RECYCLING; LOCATED Regular City Council & BOA Meeting February 14, 2024 Page 7 NORTH OF THE CITY OF SEBASTIAN'S AIRPORT, SOUTH AND WEST OF CRAIL WAREHOUSE, AND EAST OF RESIDENTIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-24-03 and Mayor Dodd opened the public hearing at 7:08 p.m. There were no ex parte communications to disclose. The City Clerk swore in those who were to provide testimony. Rebecca Grohall, MBV Engineering, 1835 20a' Street, Vero Beach, representing Mr. Cook said she didn't have a formal presentation but was available to answer any questions. The Community Development Director stated the current zoning is industrial and the request is for heavy industrial, which is alignment with the fixture land use. There was no one to speak in favor or against the request. Council Member Nunn noted the property is on Roseland Road by the landfill station where it is a good fit; he was in favor of the request. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to approve Ordinance No. 0-24-03 on first reading. 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 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 24.039 A. Consideration of Agreement for Reimbursement of Costs for Solid Waste Collection and Disnosal Services Non -Ad Valorem Assessments between the City of Sebastian and the Indian River County Tax Collector and Authorize the Mayor to Execute ADDronriate Documentation (Transmittal, Agreement, R-23-37) The City Manager reviewed the details of the City's intent to use the uniform method for the collection of a non -ad valorem special assessment for solid waste collection and disposal services. He said it was a cost estimate of $59,521.54 that was based on the current number of households that Waste Management is servicing. He is requested approval of the agreement. Regular City Council & BOA Meeting February 14, 2024 Page 8 Council Member Jones asked if this would affect the cost of the budget in the future. The City Manager stated that the franchise fee will would help to recover the cost incurred by the City which can be discussed during the budget process. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the agreement between the City and the Indian River County Tax Collector for the reimbursement of cost for solid waste collection and disposal services for the non -ad valorem assessment. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.040 B. Annrove the Purchase of One E48 R2-Series Bobcat Comnact Excavator at the Price of $66.962.92 "Piesvbackin¢" Off of Sourcewell Contract #040319-CEC with Clark Eouinment Comnanv dba Bobcat Comnanv (Transmittal, Ouotes, Contract The City Manager stated this machinery is used to clean the ditches and swales; it wasn't budgeted for replacement this year but the existing machine recently broke down. He said staff is renting an excavator for $2,770 a month which compelled them to review the replacement options as noted in the agenda backup. He recommended the piggyback purchase of the E48 R2 series Bobcat compact excavator in the amount of $66,962.92. MOTION by Council Member Jones and SECOND by Council Member Nunn to recommend approval of the Purchase of one E48 112-Series Bobcat Compact Excavator at the price of $66,962.92. There was no public input. 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 24.041 C. Annrove the Purchase of One Nissan Frontier Pick-Un Truck at the Price of $33.599.00 as a Cooperative Purchase under the Florida Sheriff's Association Contract #FSA23-VEL31.0 from Tenn Tavlor's Deland Nissan Inc. (Transmittal. Ouotes. Contract) The City Manager stated due to the Building Department's heavy workload, staff was requesting approval of the pickup truck. There was no public input. Regular City Council & BOA Meeting February 14, 2024 Page 9 MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to recommend approval of the purchase of one Nissan Frontier Pickup Truck at the price of $33,599. 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 24.042 D. Annrove Express Clvdesdales Parade Agreement to Provide Clvdesdales Horses for the Centennial Celebration in the Amount of $13.864.00 (Transmittal, Agreement, Certificate) The City Clerk stated in response to the Centennial Task Force's request to have Clydesdale horses in a parade this year, Express Clydesdales out of Yukon, Oklahoma responded that they would be available on December 81h to lead the festivities into Riverview Park. She stated depending on logistics and turn radiuses, Express Clydesdales has a stage coach or wagon that can come for the parade and she asked for approval. The City Manager stated that staff will create a purchase order for half of the expense in this fiscal year and then the final payment will fall into the next fiscal year. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to recommend approval of the Express Clydesdales Parade Agreement to provide Clydesdales horses for the Centennial Celebration in the amount of $13,864.00. 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 Added E. Consider Participating in a Lawsuit Seeking a Declaration that the Provisions of Section 112.144(1)(d). Florida Statutes, that require Municipal Elected Official to File Form 6 is Unconstitutional and Invalid The City Attorney reviewed the new law requiring municipal officials to fill out the Form 6 Financial Disclosure form. She said Weiss, Serota, Helfman, Cole and Bierman, P.L. will be filing a lawsuit declaring the new mandate unconstitutional and any city can join for a flat fee of $10,000 or any councilman could be named plaintiff for a fee of $2,000 as well. Regular City Council & BOA Meeting February 14, 2024 Page 10 She asked for discussion to be a part of the trial level lawsuit. She noted that a temporary injunction would be more likely if there are more named individuals than municipalities. Council Member Nunn said by joining the lawsuit, it will help any future Council Members as well because the Form 6 is requiring such a detailed disclosure and the legislature should realize what they have mandated. Vice Mayor Dixon asked how much it would cost to have someone help them fill out the Form 6 and the City Attorney stated some cities were considering reimbursing the City officials. Mayor Dodd pointed out that if the City decided not to join the lawsuit that would not be a reimbursable expense but Council could consider reimbursing a CPA to help with the filing. Council Member Jones said it was important to stand with the other sister cities. Mayor Dodd said it was too late to resign and not do a Form 6; and, if an injunction isn't approved by July I they will have to do a Form 6 anyway. Council Member McPartlan said his salary was on the state's website but for others it is an invasion of privacy and it was time for all of them to band together. MOTION by Council Member McPartlan and SECOND by Council Member Nunn, to approve the $10,000 to sign the City of Sebastian with the rest of the cities through Resolution No. R-24-10. The City Attorney read the title of Resolution R-24-10: A Resolution of City of Sebastian, Florida, Authorizing Participation In A Lawsuit Seeking A Declaration That The Provisions Of Section 112.144(1)(d), Florida Statutes, That Require Municipal Elected Officials To File Form 6 Financial Disclosure Firms Is Unconstitutional And Invalid, And Providing For An Effective Date. There was no public input. 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 MOTION by Mayor Dodd and SECOND by Council Member Jones to approve the funding for R-24-10 and that it be pulled from the General Fund Reserves. Regular City Council & BOA Meeting February 14, 2024 Page 11 Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd -aye Vice Mayor Dixon - aye Motion carried. 5-0 7:48 pm 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS With regard to the paving project currently underway on U.S. Hwy 1, he said the Florida Department of Transportation plans to pave in the evenings from Sunday night through Thursday night. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Council Member McPartlan - None B. Council Member Jones stated he would like the Council to have a float in the Christmas parade to present a united front this Centennial year. It was the consensus of Council to participate in the Christmas parade on a float. C. Council Member Nunn requested discussion on the number of for -profit rentals from a single organization of Riverview Park emphasizing that he wasn't concerned with the quality of the program or the content of what might be in the event and he wasn't speaking about non -profits or clubs that help further local artist programs but a few businesses have expressed concern to him asking why someone can rent the park as many times as they want but they are limited on their own property for events that they want. He asked if they should limit the number of times a single entity is renting the park. Vice Mayor Dixon said it was worth looking into. Council Member Jones cited the Land Development Code providing for six events a calendar year and said if there was a way to give the businesses more opportunities to hold events they should look into it. Council Member Nunn asked if there is enough interest to bring this back. Council Member McPartlan noted Council Member Jones is talking about business events but Council Member Nunn is talking about park rentals. He said Regular City Council & BOA Meeting February 14, 2024 Page 12 he would like to see an event in the park every weekend because the events draw people into town. Mayor Dodd agreed that an empty park doesn't help anybody. He said from his time on the Planning and Zoning Commission they spent a lot of time discussing how many times a business can have a temporary use permit to operate in their business. He said he would rather be looking at the temporary use permit process rather than renting the park. The Community Development Manager said the discussion about the six events came from the flea markets at the church. She noted the event has to be something that isn't normally done. The church is public service but the flea markets were more retail so they limited the markets to six times a year making it so there was enough times to have the market but not enough that it was changing the use of the site. Mayor Dodd said they needed to be careful that they don't take one incident and turn it into a rule that is worse than what they got. He said he didn't think the Melbourne crafters were taking away a businesses' right to sell products. He said he would have to see some proof that a business was being prohibited from doing something they want to do. Council Member Nunn asked if businesses were denied permits because there were too many events. The Community Development Manager said they only one was the church for the flea markets. She noted this was the same code that allows fireworks companies to come in for the 4s' of July fireworks so they don't have to get a business tax receipt and also since they aren't open all the time. Council Member Nunn said he was satisfied with the discussion and possibly they could look at the ordinance related to special permits down the road if needed. D. Vice Mayor Dixon said it was brought to her attention that the boat trailer parking is hard to come by with the big events and asked if boat parking could be blocked off for the boaters. The City Manager offered to have more signage for the events. E. Mayor Dodd extended his appreciation to the City Manager and staff as he has had more compliments about the attentiveness that the City is now moving forward with things which is a testament to the dedication of staff and City Manager. He said the City is heading in a very good direction. 19. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:15 P.M. Regular City Council & BOA Meeting February 14, 2024 Page 13 Approved at the March 20, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST: W 4Jnette Williams, City Clerk