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HomeMy WebLinkAbout04232008CfTY OF 1i~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 23, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by the Mayor. 3. A moment of silence was held. 4. The Mayor read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr Airport Director, Joseph Griffin City Engineer, David Fisher Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Lieutenant, Bob Lockhart Police Lieutenant, Greg Witt 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Regular City Council Meeting April 23, 2008 Page Two 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.049 A. National Nurses Week Proclamation -May 6 - 12, 2008 1 The Mayor read and presented the proclamation to Inez Fielding, Phyllis Burke, Sue Leonard. Ms. Fielding and Ms. Burke said there is a need for nurses. 08.050 B. National Police Week Proclamation -May 11 - 17, 2008 3 The Mayor read and presented the proclamation to Chief Davis. 08.051 C. National Historic Preservation Month Proclamation and Presentation by Harry Tanner 5 The Mayor read and presented the proclamation to Harry Tanner who spoke on the historical marking taking place in Sebastian. He invited everyone to a ceremony installing the first historical marker sign at the 1913 town hall building on US 1 and Washington Street on May 10th ;and the Historical Society's 100th birthday celebration/fundraiser/ historic walk at the 1904 George Braddock house on Louisiana Avenue on November Stn 2008. Mr. Tanner asked that the south City marker be moved over and away from the tree and a new marker be installed. The Mayor confirmed with the City Manager that this could happen. Mayor Coy stated April 27 to May 2 is National Volunteer Week and gave a sincere thank you to Gillian Dalberth, and Ellen Roughsedge who have manned the front desk at City Hall since October 2007, Karen Orth who volunteers in the Clerk's office, Ed Herlihy for his work on the airport website and all police volunteers. 08.013 D. Sebastian River High School Student Presentation -Crime and D Prevention (backup previously provided) Janine O'Brien, SRHS psychology teacher since 1994, explained she had heard over and over again that teens are bored which leads to destructive behaviors. She had challenged her students to come up with ideas to prevent boredom and presented the activities the students prepared with a power point presentation. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7-16 A. Approval of Minutes - 4/9/08 Regular Meeting 2 Regular City Council Meeting April 23, 2008 Page Three 08.022 B. Resolution R-08-05 - 2"d Quarter Budget Amendment (Finance Transmittal, 17-50 R-08-05, Memo, Status Reports, Schedule of Investments, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolff removed item B. MOTION by Ms. Simchick, SECOND by Mr. Neglia to approve item A of the consent agenda passed with a voice vote of 5-0. Item B Mr. Wolff directed attention to circle pages 38 and 39, noting a maturity date of May 5 for the $1.5 million with the Federal National Mortgage Association (also known as Fannie May), wanted to get staff thoughts on its use in light of sub-prime problems our country is experiencing and how the City Manager feels about investing that money again, whether he would go to Fannie May or an alternative location. The City Manager explained that the City has an investment committee and a financial consultant on retainer. He said all of the City's investments are losing interest right now and the number one thing staff will look for when reinvesting is #1 security and #2 interest. Mr. Wolff also noted on circle page 39 there is a $ .5 million note with National City, a bank which has been in the news lately due to some considerable losses. MOTION by Mr. Wolff, SECOND by Ms. Simchick to approve item B of the consent agenda passed with a voice vote of 5-0. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.047 A. Planning & Zoning Commission 51-57 (City Clerk Transmittal, Application, List, Ad) Fill One Regular Member Position -Term to Expire 2/1/2011 Mr. Srinivasan was not in attendance and Mayor Coy asked Council to put this off to the next meeting to have an interview with him. Mr. Paternoster asked if Council can establish a minimum residency time for applicants because a Planning and Zoning Commissioner will be making decisions that will affect the City's future. The City Attorney said that can be done by ordinance. It was the consensus of Council to have this agendized for the next meeting. Regular City Council Meeting April 23, 2008 Page Four 7:45 pm 10. PUBLIC HEARINGS NOTE: A public hearing on transmittal of a proposed land use amendment for Shady Rest will be held after consideration of the annexation under New Business 11. UNFINISHED BUSINESS 08.010 A. Collier Creek Wall Update (Engineering Transmittal, Memo) 59-64 The City Manager displayed a galvanized steel section and a vinyl section and he read a prepared statement. (see attached) Ms. Simchick asked if when the stormwater park is turned over, and we try to coordinate blueway trails further down the project, could we purchase lots for blueway trails with recreational impact fee monies. The City Manager said that is possible, that he hopes to lease as many lots as we can to open up canoe launches for the public and purchase lots as close to Hardee Park as possible, and would report back as we move closer to that endeavor. In response to Ms. Simchick, the City Manager explained how the contractors submitted their prices. Mr. Paternoster asked how thick the steel is, what it's chemical makeup is, and if it would develop a patina. The City Manager said the displayed section is a little bit thicker, and the specs require .169 inches. The City Engineer said it would be carbon steel, hot dipped galvanized molten steel, zinc coated and it would develop patina within a month. Mr. Paternoster asked how Atlantic Coastal got involved and the City Manager said they responded to the RFP. Mr. Paternoster asked if the Atlantic Coast packet should have been given to Council earlier. The City Manager explained at the time of the bid opening the companies bring an engineer with them and that packet is part of their RFP. Mr. Paternoster pointed out that we are in the process of installing quarter round for front yard swales and changing out galvanized steel pipes in driveways. The City Engineer said the driveway pipes are being changed to a composite material which is better than galvanized steel. Mr. Paternoster pointed out the reason they are being changed is because they are degrading, and asked why would we put in galvanized steel sea walls. The City Engineer explained the steel is stronger and won't require tie backs which will weaken the wall, the degrading process has yet to be determined but there should not be any maintenance for at least five years and when there is maintenance it can be done by City crews as opposed to the vinyl maintenance needed an outside contractor. Mr. Neglia noted the weep holes would need to be periodically cleaned out. 4 Regular City Council Meeting April 23, 2008 Page Five Mr. Wolff asked if the steel is sourced from China. The City Engineer responded that the contractor's response states the steel is from Shore Line Steel, Inc., fully manufactured in United States of America. Mayor Coy noted that if tie backs are used they could potentially intrude on the foundation of screened porches such as one recently approved by Council, and she is satisfied with staff responses. Ms. Simchick said she was surprised that Council received a four page summary fora $4 million job and five packets to decide an engineer for an earlier $180,000 job. Mayor Coy said individuals contacted her regarding an accelerated study the Army Corp of Engineers prepared and she noted that the report stated X, Y, Z was not studied. The City Manager clarified the report on vinyl was included in the ATL proposal which states it is susceptible to creeping, maintenance, fire, and vandalism. The City Manager stated staff is seeking a decision that cantilevered is best so staff can bring back a contract to the next meeting and if Council picks vinyl, staff will have to go back and rank the vinyl proposals. Mayor Coy asked the City Attorney if this is an administrative Council decision. The City Attorney replied it is an administrative decision that does have some significant policy exterior implications and he explained that staff takes proposals, analyses them, ranks them and then asks permission to negotiate with the top ranked firm. He said as member of committee, he hoped Council listened to tape because there were a lot of pointed questions, including if ultra-violet rays have an affect on vinyl which hasn't been around for a long time and they cannot definitely respond to. Mr. Paternoster suggested a workshop with both sides so Council has a clear understanding of the products. Mayor Coy asked for a show of hands of how many are here for this issue and suggested each Council member meet with the contractors to have their questions answered and then bring it back for public input. Ms. Simchick asked for the four proposals and a copy of the selection committee's tape. Mr. Wolff said he objected to the City Attorney's comment that the public should be heard in regard to aesthetics and the financial part would be administrative task, noting it is the City's largest capital improvement to date and the public should have input. He also objected to the engineer's opinion as being the only valid opinion as each of them has studied and weighed the information. He asked who has read the Army Corp of Engineers report from cover to cover and reminded the public that the Army Corp is responsible for New Orleans levies. He said he would be happy to go with a compromise and would like to hear from public. Mr. Neglia said he would like to hear from a vinyl engineer and a steel engineer and the public, but noted by doing this we are not putting our trust in our City staff. Regular City Council Meeting April 23, 2008 Page Six The City Manager asked that this be done as soon as possible but rather call it a special meeting because if it is a workshop they are shifting the ranking from staff to themselves and they would have to have a ranked result by the end of the meeting. Ms. Simchick directed everyone to the paragraph on circle page 60, " ...good faith negotiations with Custom Built Marine Constructions, Inc. have begun'; and asked if the City needs to reimburse Custom Built for any work at this point. The City Manager said he used this clause incorrectly and the staff has not done anything that binds the City. He said staff will stop the process until Council comes back with a decision and ranking. 9:00 pm MOTION Paternoster, SECOND by Ms. Simchick to hold a special meeting on April 30tH to include all the information Ms. Simchick requested, passed on a voice vote of 5-0. Mayor Coy called for a break at 9:01 p.m. and upon return at 9:15 p.m., all members were present. 08.030 B. Interlocal Service Boundary Agreement Update (City Attorney Transmittal) 65-93 The City Attorney stated the Interlocal Service Boundary Agreement (ISBA) group has been meeting for close to a year and the approach the group has taken is that they are there to work on a framework for whatever the policy decisions are going to be. He said each member was going to do an overview with their governmental bodies but then the County rejected the agreement. He said municipal staff members would like the elected officials to meet at this point. The City Manager said staff would like Council to give its position that they should meet with other government officials to discuss the status of ISBA, even though the County feels staff should continue to meet. Mayor Coy asked if anyone objected to the City Manager's request. Ms. Simchick stated she was at the County meeting and County staff did go to table questioning the withdrawal of Fellsmere's 22,000 acres and they had problem with Sebastian and Fellsmere's reserve areas. She said she asked a long time ago about water and this document only addresses annexation, height and density. The City Manager bought up water and said County staff didn't want to talk about water; only annexation and density. He said if this is sent back to staff it will continue to be bogged down and elected officials need to jump in and talk about planning for 20 years. Ms. Simchick heard the County feels they have been ignored and in her opinion, staff should go back and counter with water. The City Manager explained they are not proposing to send the elected officials back but that was the thought of the Urban Service Advisory Committee (USAC) which is the core settlement of ISBA. He said staff would like a joint meeting of the elected officials so the 6 Regular City Council Meeting April 23, 2008 Page Seven officials can hammer out issues and put on table the issues staff failed to get into the agreement. The City Attorney said there are some issues that staff cannot decide such as the future boundary lines and he explained as far as water, outside the service area, the USAC would issue a report, it will be dealt with and County staff could deal with water. Ms. Simchick pointed out there is no Exhibit `C' describing USAC. The City Attorney said the exhibit will consist of meeting procedures but the nuts and bolts are in the agreement. After much discussion, the City Attorney suggested addressing boundary lines which is staff's biggest concern at the joint elected officials meeting. 9:30 pm MOTION by Mr. Neglia, SECOND by Mr. Paternoster to accept staffs recommendation to meet with the elected officials, focusing the meeting to only boundary lines passed on a voice vote of 5-0. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to move up item #13A. Shady Rest after item #C, passed on a voice vote of 5-0. 08.053 C. Indian River Community College Lease Renewal Report (City Manager Transmittal, 95-101 Lease, Letter, Data) The City Manager stated he has provided some spread sheets to show some costs, there is a $5,000 loss but that is probably acceptable and he recommended executing the lease for another year. Mr. Paternoster stated what the problem seems to be is that the old chamber, the old Growth Management Department and school house are on the same utility meter. The City Manager said it would be expensive to separate the meters out. Mr. Paternoster asked the City Manager to keep an eye on the utility costs. MOTION by Mr. Neglia, SECOND by Mr. Paternoster to accept staff's recommendation to renew the IRCC lease for another year. Ms. Simchick asked if public input would be allowed. Mayor Coy asked if this was an administrative decision and the City Attorney replied it was. Damien Gilliams stated the State is cutting their budget, we are in hard times--in eye of a storm and haven't seen anything yet. Roll call on the vote was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 7 Regular City Council Meeting April 23, 2008 Page Eight 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 08.052 A. First Reading Ordinance No. 0-08-01 -Voluntary Annexation of Shady Rest backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 10:20 pm The City Attorney read the title and stated this is a legislative matter and not quasi-judicial and the discretion to annex lies strictly with Council. Warren Dill, representing applicants Ed Howland and Carole Wagner stated the applicants have owned the park for fifty years and Mr. Howland as well as the park manager was available for questions tonight. Mr. Dill pointed out the contiguous property on a map and asked that compassion be shown for the residents of Shady Rest, said the County has placed a serious burden on this property owner in that it can only be a mobile home park and the County will not allow RVs in mobile home parks which are needed to supplement the park's income. He continued to explain that Commissioner Wheeler is willing to work with staff to allow RVs but the problem is that the process takes a year to 18 months and the owner is currently breaking even. Mr. Dill said the residents suggested filling the vacancies with RV's and during the meeting break Mr. Howland deleted any percentage requirement of vacancies and stated he will keep the park open for a minimum of five years. MOTION by Mr. Paternoster, SECOND by Mr. Neglia to extend the meeting until 11:00 p.m. passed with a voice vote of 5-0. The Growth Management Director stated staff has advocated the owner provide longer than required six month notice to move from the beginning, there would be no trigger if vacancy fell below a percentage, and RV's would be allowed. Public Comment Ken Lerby, 13225 US Hwy 1, said he has mixed feelings about this and it sounds like it's going to be all right. 8 Regular City Council Meeting April 23, 2008 Page Nine Ms. Simchick asked if Council voted for the annexation, how would that affect the agreement in the packet. The City Attorney explained this ordinance can be passed on first reading with the condition that the agreement be rewritten and final adoption will take place in a few months after review by the Department of Community Affairs (DCA). He also said the agreement could be on the next agenda with the condition that the park is annexed. Jane Adams asked if the park is annexed, does it mean the park stays for five years with RVs which is non-conforming with the City. She said she called DCA who said they would deny the RV's. The City Attorney said whether or not RVs are there is not within DCA's authority. Ms. Adams said if Mr. Howland wants it to remain a park why doesn't he keep it in the County. Mr. Paternoster asked for a show of hands for those who wanted the annexation with the amended agreement. There were about 20 citizens for the annexation and three wanted to stay in the County. Evelyn Rupp said if it is true Mr. Howland is going to give them five years she is all for it. Mr. Paternoster asked if during five year period the owner could sell the property. The City Attorney said the agreement would run with the land and a new owner would be subject to the agreement. Mr. Wolff asked what if he raises the rent. The City Attorney replied there are statutory restrictions for what owners can do with mobile home parks. Claire Ranahan, 13225 US Hwy 1, stated she is comfortable with five years. Diane Reynolds, who shares a lot with her mother, said she hopes the right decision is made for the people of Shady Rest. Ilene Flom said she heard there is a new prospectus being drawn up and the park might not remain a 55+ park, and that taxes will go up and be passed on to residents. Mayor Coy asked if taxes are passed through their rent. The City Attorney said that would be in their lease agreement. Gary Wheeler, Indian River County Commissioner, stated his concerns are the residents who should have an opportunity to digest this; they are not represented by an attorney, they may feel pressured to accept the five years as opposed to the six months; asked why Mr. Howland is changing to commercial riverfront which might be in non-compliance if he wants to remain a park. He reminded Council that a few years back, there was a straw ballot that voters didn't want residential annexation. 9 Regular City Council Meeting April 23, 2008 Page Ten Mr. Wheeler also said they were sold a lifestyle not just a mobile home, it is very difficult to displace older residents and at a minimum they need time to discuss and think with a clear head. (For the record, the straw ballot result opposed any annexation) Edward Howland, owner of the park for 22 years stated he didn't raise the rent when the hurricanes came through, he does not pass through capital improvement expenses or taxes, and he is very sincere with the five year agreement. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward. The City Attorney asked the motion to include the next item in the continuation. Mr. Dill, attorney for the petitioner, requested a continuation date of June 11tH. Mr. Paternoster and Ms. Simchick agreed to amend the motion to include continuation of the Public Hearing for Ordinance No. 0-08-02 (land use change) as well to June 11tH 2008. (Editor's note -The first reading of Ordinance No. 0-08-03 (rezoning), due to it's relation to these two ordinances, will automatically carry to the June 11, 2008 meeting as well because it cannot be addressed or acted upon prior fo the annexation and land use issues -Sally Maio, City Clerk) The motion carried with a voice vote of 5-0. 13. PUBLIC HEARING 08.052 B. First Reading and Transmittal Hearing Ordinance No. 0-08-02 -Land Use - Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres - Riverfront Mixed Use (RMU) (backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES ,MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 08.052 C. First Reading Ordinance No. 0-08-03 -Rezoning -Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15 Acres -Commercial Riverfront Zoning (backup provided under separate cover) 10 Regular City Council Meeting April 23, 2008 Page Eleven AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH-8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The following items will be carried forward to the May 14t", 2008 Regular City Council Meeting: 08.054 D. Land Development Code Business Sign Change Recommendations (GMD 103-107 Transmittal, Memo) 08.055 E. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, 109-134 Memo, Plan, Maps, Letter, Q & A from Developer's book) 08.031 F. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint 131-140 Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.056 G. Resolution R-08-06 -Florida Forever (City Manager Transmittal, Resolution) 141-143 A RESOLUTION OF THE CITY OF SEBASTIAN, SUPPORTING THE CREATION AND FUNDING BY THE FLORIDA LEGISLATURE A SUCCESSOR PROGRAM TO THE FLORIDA FOREVER LAND CONSERVATION PROGRAM; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO STATE LEADERS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN Approved at the May 14, 2008 Regular City Council meeting. Andrea Coy, Mayor ,_~ ATTES . ~~-~'-" Sally A. Maio, C -City Clerk 11 TO: Sally Maio, City Cler FROM: AI Minner, City Man RE: APRIL 23, 2008 - R ETING COLLIER CREEK CANAL DATE: Wednesday, April 2 , Below is a copy of the statement I gave concerning the selection of Custom Built Marine. This statement was given to Council, by me, at their Regular Meeting on April 23, 2008. The purpose of this item on tonight's agenda is for Council to ratify the Collier Creek Canal Wall selection Committee's recommendation that the proposal submitted by Custom Built Marine (Stuart, FL) is ranked the best alternative for the completion of the project. It is important to delineate, that at the Regular meeting on March 26th Council provided direction to pursue and rank a wall proposal. While original indicators pointed to a vinyl wall alternative, additional research, data and analysis has led the Committee to its final answer and recommendation -that a vertical cantilevered bulkhead without tie-backs is the best application for the Collier Creek Canal. It is also important to note that proposals were requested to help determine the course of this project. Not bids. Remember, to quickly and efficiently move from rock construction to a wall, staff suggested probing of the market place with adesign/build Request For Proposal. In doing so, we opened an industrial market place Pandora's Box concerning the debate between steel and vinyl. Clearly understand that this recommendation does not state that one material is better than another. It does however; examine which material is best suited for this application based on the criteria in the Request For Proposals. Also, it is important to note that the RFP specifically spelled out the criteria for evaluation in Section VI, Page 9 of the RFP document. It purposely did not specify a wall material or cap material. But it did set a base line for which to rank and select proposals. The ranking criteria were: - Technical Proposal; - Work Plan; - Experience and Capabilities of the Proponent; - Prospective Working Relations with the Proponent; and, - Cost Significant data can be provided to justify the recommendation at hand. As you can see before me, I have brought only four of the eight proposals that were submitted. Also before me are the RFP documents, questions/answers used to review technical proposals and other documentation used by the Committee to rank the proposals. Council has been provided executive summaries of this documentation in your agenda packets. In short, the selection committee has ranked the Custom Built -galvanized steel -proposal as best. In making this determination, the vinyl alternatives were not specifically ranked. The reasons for ranking the Custom Built galvanized steel proposal as best include the following reasons: • STRENGTH- Documentation shows that steel is 80 times stronger than vinyl. • CORROSION/DETERIORATION AND MAINTENANCE -This item is viewed as a series of trade-offs. Both materials have their drawbacks. Steel is rust. Vinyl is affected from ultra-violet light and its molecular structure makes it susceptible to bulging, deflecting and creeping. Hence, no material has the perfect "non-maintenance requirement" and any information to the contrary is nonsense. In that light, galvanized steel's application of visual inspection and sanding rust becomes easier than repairing bulging and creeping vinyl sheet pile -for us. Keep in mind we did not make a financial comparison on potential maintenance costs. That estimate would have been overly speculative one-way or another. This recommendation comes from deductive reasoning after review of documentation, environmental factors (such as a k a r R ME 3 200 non-saline and low wave action application), personal testimony, product history and reports from the Army Corp of Engineers. TIE-BACKS -Tie-backs are the main concern. Tie-backs fit into the strength and maintenance reasons for recommending a cantilevered alternative. Simply stated, it is our opinion that tie-backs are the "bread and butter" to vinyl's structural integrity. Tie- backs should not be viewed as redundant or ancillary engineering. The load data analysis provides that support. More important in our application of tie-backs is the suspect residential environment, where space is limited and upland loads are unpredictable that tie-backs will be placed in our situation. If tie-backs fail in this environment, so will the vinyl wall. Therefore, the ability to avoid tie-backs provides a better long-term solution for the City. COST -Originally we reviewed proposals that provided partial construction cost -from CR 512 to the Barber/Lake Street Bridge. The purpose behind this process was we were unsure of total cost for the entire project and needed real data for Council to choose between rock and wall. When it was determined that completing the project to its full limits (i.e., CR 512 to the Control Structure) was in the realm of affordability, the City Engineer, under the direction of the City Manager, asked for additional non-binding cost estimates to complete the project. This request leads to the numbers, which have been presented in your packets with Custom Built's cost being $4,163,177, barring any deviation from potential Council direction, project variants and negotiation. However, cost was only a component of the RFP, not the sole determining factor. Further, it can be argued that Custom Built's proposal is the lowest cost alternative. For these reasons, we are recommending that Custom Built's proposal be ranked as best, in order to bring to you a construction contract for your execution. Provided Council concurs with this recommendation, it is anticipated that a contract can be brought for your review and execution at the next regular meeting. Please note, that at the time a contract is brought before you, a few additional costs will need to be brought to your attention to establish a complete project budget. The following items would apply to any wall proposal: - Permit Modification Fee and Associated Professional Services; - Lot Purchase or Rental for Dredging and Staging Purpose; - Mitigation Construction Costs (In-House Forces); - Dock Removal/Construction (based on Council direction); - Construction Inspection (in-House Forces); and, - Contingency Once these final costs are calculated, I will provide Council a plan to transfer and shift financial blocks to finance the project. Lastly, should Council accept the best alternative to be Customer Built, staff will execute a "Letter of Intent" to allow certain steps to be taken by Custom Built and avoid losing any costs they may encounter before the actual contract is executed. These steps would include preliminary steel orders, locking in the price. On this note, let me inform Council that there is no escalator for any item, including steel, in this proposal. Also some work needs to be done in order to complete a preliminary dredge survey, ensuring correct quantity estimates and additional soil surveys in the north limits of the project. These are costs the contractor has included in the project and the Letter of Intent protects them should the City not execute an agreement after ranking the proposal as best. Also, staff would like to begin negotiations on lots that should be purchased or rented. I believe this to be a brief and concise report and will be happy to answer any questions Council may have.