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HomeMy WebLinkAbout04262006 CRA Agenda 1. 2. 3. 4. 3-4 5-9 5. 11-16 HOME OF PELICAN ISlAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES MEETING WEDNESDAY, APRIL 26, 2006 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES A. October 26, 2005 B. Apnl 12, 2006 NEW BUSINESS 6. ADJOURN A. Train Depot - Proposed Agreement (Proposed Agreement) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Meetings are Scheduled for Live Broadcast on Corncast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. CD CD aJY a: - -~~- . .~~r-' . HOME OF PELICAN ISlAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES MEETING WEDNESDAY, OCTOBER 26,2005 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the CRA Meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Systems Analyst, Barbara Brooke 4. APPROVAL OF MINUTES - 9/28/2005 On MOTION by Mr. Neglia and SECOND by Ms. Coy, the September 28, 2005 minutes were approved on a voice vote of 5-0. 5. NEW BUSINESS 1. Main Street & Indian River Drive Re-aliQnment Proiect (No Backup) The City Manager exhibited an overhead presentation on proposed the Main Street/Indian River Drive realignment project (see attached). He said if Council is inclined to concur with the idea, the realignment would have to be properly engineered to design the proper traffic flow and deeds for Jordan Park would have to be reviewed by the City Attorney. Q) IU--- Community Redevelopment Agency Meeting October 26, 2005 Page Two GJ Ruth Sullivan, Sebastian, said she was pleased with the City's intention to protect the boat ramp. The City Manager responded to questions about the drawing from Council. Concerns expressed were that there be enough room for boat trailers to turn around; and possibility of additional pervious parking. It was the consensus of Council that the City Manager move ahead for feasibility by retained engineers, review Jordan Park deed with City Attorney and report back to Council. 2. Holidav Decorations Displavs Purchase (Citv Manaoer Transmittal, Clark Proposals) The City Manager said he would like Council to approve the Clark agreement for storage and installation of the Christmas tree in the amount of $13,516.00. He said, in response to Ms. Monier, that he believed the decorations on street poles were included. Mr. Burkeen said the contract does provide for pole displays; and said if it did not include electric decorated poles on Sebastian Blvd. and U.S. 1, the City Manager should come back to Council because he agreed with Ms. Monier that the City needs to be cheerful this year. The City Manager explained advantages to include are: not taking crew away from their duties to decorate; annual maintenance and storage prevents the City from having to find storage; and prevents annual deterioration which could result in annual new costly purchases. Mr. Neglia pointed out the tree was owned by the CRA and asked who repaired extinquished bulbs to which the City Manager stated the company would make sure all lights work when installed. On MOTION by Ms. Coy and SECOND by Mr. Burkeen the Holiday Decorations Display was approved by a roll call vote of 5-0. 6. Being no further business, the meeting adjourned at 6:55 p.m. Approved at the meeting. <.. Nathan B. McCollum, Mayor 2 aJY a: HOME OF PELICAN ISlAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES MEETING WEDNESDAY, APRIL 12, 2006 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Community Redevelopment Agency Meeting to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster ORAfl Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall MIS Systems AnalystJAV Tech, Melanie Astle 4. APPROVAL OF MINUTES -10/26/05 No minutes were in packet and will be on the next agenda. 5. NEW BUSINESS A. Main Street & Indian River Drive Improvement Proiect (City Manager Transmittal) The City Manager reiterated his report in the agenda packet noting that the ideas are conceptual only and that they can be changed or nothing at all done if that is what Council desires. He said it was only his intention to look at all avenues and potentials out there. @ Community Redevelopment Agency (CRA) April 12,2006 Page Two ORAfl He further recommended public workshops be incorporated into the design process. He then introduced Steve Bearing and Peter Jones, Neel-Schaeffer who presented the conceptual plans to Council. Mr. Jones presented a power point program (see attached) demonstrating the subject areas, citing issues of angled parking in front of the Chamber of Commerce, boat trailer parking across the street, the intersection of Main St. and Indian River Drive, the undefined nature such as lack of landscaping, indifference to pedestrians, lack of definition in Jordan Park, and lack of clarity in the view of the River. He said his first task was to look at opportunities for landscaping, boat ramp access, trailer parking and circulation; and that the question arose "what if the boat ramp was not there", which opened up a whole new way of looking at enhancements to this area. He said if moved, it would make sense to move it to the existing ramp at the Yacht Club and possibly relocating the clock tower. Steve Bearing, Engineer, described probable costs for Option 1 at $870,000 and Option 2 at $1,930,000, which he said were a rough estimate. The City Manager threw out the cost of $1 ,000,000 and $2,000,000 and explained the design cost would be 10% of project cost or $200,000; which would be funded through CRA funds which stand at approximately $700,000 but some of this money has been earmarked (annual CRA income is $400,000). He noted the~ are two allocations for this year, $75,000 for riverfront improvements and $75,000 for landscaping improvements to total about $192,000 so some money has beeri earmarked for this project. There is also $132,000 that has not been spent or allocated in CRA funds which can be applied to design. Ruth Sullivan, Indian River Drive, suggested keeping the ramps the City has and not closing Main Street boat ramp, utilizing Jordan Park for parking for boat trailers, and keeping Sebastian Boulevard and the clock tower where they are. The City Attorney responded that the angled parking was removed because previous Councils have felt it was safety concern. The parking then was relocated to the south of the Chamber which would impede the view. The east was considered, however that is the City's first historic park and the last open vista to the Indian River. He further explained that there is simply not enough land to accommodate the needed spaces for vehicle use to put parking and a ramp on the north side. Eugene Wolff said it would be shortsighted to close the Main Street boat ramp, though expanding the Yacht Club ramp made sense. He said he would like to see an accident report from the Chief on the angled parking to see if there is a safety issue and did not see any solutions to the pedestrian indifference in the presentation. He questioned the motivation for the urban design and reflecting pools, and questioned how much time was spent on sight to determine what the bottlenecks were. Damien Gilliams, concurred with Mr. Wolff in everything he said, stating the City needs three, four boat ramps, and said there are people in Tallahassee who can do things for the City. Side 1/, Tape /, 6:18 pm @ 2 Community Redevelopment Agency (CRA) April 12,2006 Page Three DRAFT He said the City should move the Chamber to municipal complex. He said there will be an uproar if the City shuts down Main Street ramp or CR512. He agreed with putting in extra ramps at the Yacht Club and suggested the City should have put ramps rather than piers at Good Guys and could consider purchasing the old Wal-Mart property for parking for which the City can charge. Carolyn Corum, said she was concerned with the elimination of the Main Street boat ramp, and said the Attorney was talking like a planner and not an attorney. The City Manager said he was seeking direction to move into a design phase or if Council is not ready to make a decision, they can make that decision tonight. Mr. Paternoster said he would not support closing any boat ramps, and suggested putting an additional ramp near the twin piers. He said he would like to absorb this before he gives an opinion. Mr. Neglia said he did not support closing Main Street ramp, nor did he support closing Sebastian Boulevard. He said he would like to see improvements to enable better use of the Main Street ramp and would need more time to review the material and think about it. Mayor McCollum said he did not support parking in the Candy Cane park because it has been there longer than the ramp and was dedicated as a park. He said when the twin piers were built, DEP told the City was not getting new ramps and he had no doubt the Florida legislature would not support a new. ramp. He said he was concerned with the impact to Indian River Drive traffic if the City expanded the use of boat ramps noting people from out of town are using the ramps; and suggested it might be time to charge non-residents for parking. In regard to the Riverview Park area, he would like to address parking as the last concern because people can always park on the grass and that way park amenities can be paid for and addressed first. Mr. Burkeen said he could not fathom closing the Main Street boat ramp and asked how this design took boat traffic off Indian River Drive. He said there is room for enhancement to the Yacht Club such as improvement flows, beautification, possibly razing the building and said he needed more time to absorb some of this. Ms. Coy said she does not favor closing the Main Street ramp, because the City has not been provided an alternative. She expressed disappointment in that the option Council seemed to favor is in black and white as opposed to colored designs presented by Neel-Shaffer. She said she would like to see more colored renderings of options for the Main Street ramp and suggested the City move in this direction. Ms. Coy said it would be better for her to have the renderings in front of her to follow, and did not support the Yacht Club renderings due to lack of parking if the City increases the number of ramps. Ms. Coy clarified that money is still earmarked to landscape the triangle area of the CRA. The City Manager pointed out the Beall's parking lot could not be purchased with eRA funds. G) 3 Community Redevelopment Agency (eRA) April 12, 2006 Page Four OR~f1 ON a MOTION by Ms. Coy, staff was directed to come back with additional alternatives to the uncolored Main Street option using the current ramp. The City Manager requested that Ms. Coy put a dollar figure on her motion, noting he had gotten additional conceptual plans out of Neel-Schaeffer and could not expect them to do further conceptual designs at no cost. Ms. Coy said if Neel-Schaeffer could give Council three more options she would authorize up to what they spent so far - $4,850, noting it should be kept under $5,000. The MOTION DIED for lack of a second. Mr. Paternoster asked that renderings be provided to Council prior to the scheduled meeting. Mayor McCollum said he would support the cost to $2,500. The City Manager said he had authority up to $15,000 but would not spend that amount. A new MOTION was made by Ms. Coy and SECONDED by Mr. Neglia to have staff to get with planners to redo renderings of Main Street boat ramp improvements in color with narrative attached; delivered to Council ahead of the meeting. The motion carried on a roll call vote of 5-0. Mr. Burkeen clarified for the record, that the City Manager has the authority to spend up to $15,000 but would make an effort to keep it to $2,500 and the City Manager said that is what he hoped for. Mayor McCollum asked Council if they agreed that parking should be addressed as a last concern. Council concurred with the Mayor. The City Manager said that put in question what improvements Council would like to see on the south side. He stated there has been a lot of time and money spent on ideas for the south side and staff felt the parking was needed. He said there has been money appropriated for a portable band shell and he was directed to begin the RFP process. The Mayor requested the (John Dean) south side renderings be brought back to Council next week for another review. B. Facade, SiQn & Landscape Grant Application (Growth Management Transmittal. Grant Information and Application) The City Manager reiterated his report to Council in the agenda packet, and said the review committee would be him, the Growth Management Director, and the Chamber of Commerce Director. The CRA would then review the applications. Mr. Neglia requested that Mr. Paternoster be included on the selection committee because he is the Chamber's liaison. Damien Gilliams stated high school kids could have designed the Main Street boat ramp in a contest. The Mayor asked Mr. Gilliams to speak on the landscaping program. @ 4 Community Redevelopment Agency (CRA) April 12,2006 Page Five Mr. Neglia asked if the timeframe for a certificate of occupancy could be shortened to six months and the City Manager explained how they arrived at the one year timeframe to accommodate the bigger projects. On a MOTION by Mr. Burkeen and a SECOND by Ms. Coy staff was directed to proceed with the program. 6. Being no further business, Mayor McCollum adjourned the Meeting at 6:58 p.m. Approved at the 4/26/06 CRA Meeting. ATTEST: Nathan B. McCollum, Mayor Sally A. Maio, MMC - City Clerk OR~f1 lv @ AGREEMENT FOR LOCATION AND OPERATION OF mSTORIC TRAIN DEPOT THIS AGREEMENT entered into this _ day of January, 2006, between Main Street Sebastian, LLC, 7270 NW 12th Street, Miami, FL 33126 (hereinafter called "MAIN STREET"), the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the ***********, a Florida not-for-profit corporation (hereinafter called "TRAINS"), provides that the parties agree to be legally bound as follows: 1. As part of the site planning process for the Parent Tract as described in the attached Exhibit "A:', MAlN STREET shall designate a area (hereinafter called "PREMISES") more or less in the location and of the size shown in the schematic plan attached hereto as Exhibit "B" for relocation of the CITY's historic train depot for purposes of the operation by TRAINS of the same as a non-profit historic museum, and other uses naturally associated therewith. 2. CITY shall coordinate with MAIN STREET and TRAINS in development of plans for the placement of the DEPOT at the site, including landscaping, lighting and signage plans in accordance with applicable regulations. Said Plans shall be stylistically compatible and consistent with the plans for the Parent Tract, and shall be subject to MAIN STREET's approval, which shall not unreasonably withheld. MAIN STREET shall have the right to further upgrade the landscaping beyond requirements of the Land Development Code at its expense. 3. Within 30 days of receipt of site plan approval, MAIN STREET shall execute a lease (hereinafter called the "LEASE") with CITY in substantially the form attached hereto as Exhibit "C". CITY shall work with MAIN STREET to help it establish the fair market value of the LEASE, and provide documentation of the donation of the leasehold in a form suitable for tax filings. 4. During site development of the Parent Tract, MAIN STREET shall provide drainage, primary utility line and parking infrastructure for the DEPOT as part of the integrated site improvements. 5. MAIN STREET agrees to cooperate with CITY and TRAINS in applying for grants for the development and operation of the DEPOT, but shall not bear responsibility for the administration or matching funding required under any such grants. @ 6. No later than 120 days after execution of the LEASE, CITY shall at its expense relocate the DEPOT structure to the PREMISES, and shall be responsible for performing the following tasks as part of the relocation project: a) Perform any necessary grading of the relocation site; b) Construct the supportive infrastructure for placement of the structure, whether in the form of a concrete foundation or piers, as well as stairs or ramps for access to the structure; c) Connecting the DEPOT to utility services available at the site, including bring electrical lines to a meter located at the structure; d) Installation of landscaping and signage; and e) Installation of lighting for the exterior of building and signage. Additionally, CITY shall diligently complete the following restoration efforts on the structure: a) Historic restoration of the exterior of the structure including the roof; . b) Repair of any damaged structural portions of the remaining original interior of the building such as the floor, beams and the interior face of the outer walls; c) Construct required any restrooms and a janitor's closet with a sink in a mutually agreeable interior location; and d) Installation ofHV AC systems and run water line to the interior sink. Upon completion of this work, CITY shall, without release of its obligations to MAIN STREET, assign the LEASE to TRAINS. 7. Once the exterior work reaches the "dried-in" stage and interior repairs are completed, TRAINS shall undertake interior improvements necessary for operation of the structure as a historic museum including internal electrical wiring. Within two years of completion of restoration efforts for the DEPOT, TRAINS shall commence operation and management of the DEPOT as a historic museum in accordance with the following minimal guidelines: a) The museum shall be open to the public at posted times to be established in consultation with CITY, and shall provide tours to schools and similar groups by appointment; b) At least one third of the public area of the museum shall be devoted to educational and historic exhibits; c) The museum will be permitted to operate a gift shop as a means of financial support; @ d) CITY and MAIN STREET shall cooperate and assist TRAINS in obtaining grants to support the operations of the museum, but shall not bear ,responsibility for the administration or matching funding required under any such grants; e) It is not intended that there be an admission charge for the museum, however, with consent of CITY such a charge may be instituted in the future upon a showing that it is necessary for the continued financial feasibility of the museum; f) TRAINS shall be responsible for utility costs as well as general maintenance of the museum grounds and building, however, CITY shall be responsible for keeping the roof, primary plumbing system, HV AC and electrical systems, as well as exterior walls in good condition and repair. In the event that TRAINS fails to undertake interior improvements within one year of the time designated, fails to complete said improvements within the two-year period set forth above, or fails to commence and continue operations of the museum in accordance with the guidelines set forth above, and continues in default of said obligations for thirty days following written notice, CITY shall have the option of revoking the assignment of the LEASE, thereby terminating the duties and rights of TRAINS hereunder, and may thereafter operate said Museum, either directly or through agreement with another non-profit organization, in accordance with these guidelines. 8. CITY and TRAINS, in accordance with the delegation of duties set forth above, shall at all times maintain, at their sole cost and expense, the PREMISES and every part of the PREMISES in a good, clean, and safe condition. In the event that a situation in the reasonable judgment of MAIN STREET requires that immediate repairs be performed to any part of the PREMISES that CITY or TRAINS should perform, MAIN STREET may perform the same with reasonable notice to CITY and TRAINS, and MAIN STREET shall be reimbursed by the responsible party in a timely manner for expenses incurred thereby. 9. CITY and TRAINS shall indemnify and hold MAIN STREET and the property of MAIN STREET, including the PREMISES, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of CITY or TRAINS, or by reason of damage to or destruction of any property, including property owned by CITY or TRAINS or any person who is an employee or agent of CITY or TRAINS, caused by or directly connected @ with occupation and use of the PREMISES under this Agreement other than intentional acts of MAIN STREET or an employee or agent of MAIN STREET. 10. TRAINS shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed in, on, or about the DEPOT premises, as well as all real property taxes and assessments levied or assessed against the PREMISES by any governmental entity, except CITY shall pay any special assessments imposed on or against the PREMISES for the construction or improvement of public works in, on, or about the PREMISES. 11. In the event the DEPOT and/or other improvements erected on the PREMISES are destroyed or damaged by fire or other casualty, CITY, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practical, or shall elect not to repair the DEPOT, removing the same and leaving the site in clean and level condition, and thereupon the LEASE shall be terminated. 12. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager MAIN STREET: Main Street Sebastian, LLC 7270 NW 12th Street Miami, FL 33126 Attn: Ron Gabor TRAINS: ****** ******** ******, FL ***** provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. 13. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. @ 14. This Agreement shall not be construed against the party who drafted the same, as all parties have obtained experts to review the legal and business adequacy of the same. 15. Except as specifically stated herein, the Agreement constitutes the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement. 16. The parties may modify this Agreement at any time by written agreement. Neither the Agreement nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. EXECUTED on the date first set forth above at Sebastian, Florida. ATTEST (SEAL): FOR CITY THE CITY OF SEBASTIAN Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: By: AI Minner, City Manager Rich Stringer, City Attorney FOR MAIN STREET NUUN STREET SEBASTIAN,LLC Attest: (seal) By: Ronald Gabor Its: Manager @ Attest: FOR TRAINS ***********. . (seal) By: ****** Its: President