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HomeMy WebLinkAbout04142010City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. CITY OF sEBAsTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 14, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Public Works Director, Jerry Converse Deputy Police Chief, Greg Witt Police Captain, Mike Beyers MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting April 14, 2010 Page Two 6. 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. 10.055 A. Proclamation Isaac Christopher Taylor, Boy Scout Troop 503 for Attainment of 1 Eagle Scout Designation Mayor Gillmor read and presented the proclamation to Isaac Taylor for his achievement. 10.056 B. Proclamation National Nurses Week May 6 12, 2010 Inez Fielding 2 Accepting Mayor Gillmor read and presented the proclamation to Inez Fielding and District 17 President Phyllis Burke who urged younger people to consider nursing. 10.057 C Proclamation National Telecommunicators' Week April 11 -17, 2010 PD 3 Dispatcher Melinda Srinivasan Accepting Mayor Gillmor read and presented the proclamation to Ms. Srinivasan. 10.058 D. Proclamation National Public Works Week May 16 -22, 2010 PW Staff 4 Accepting Mayor Gillmor read and presented the proclamation to Public Works Director, Jerry Converse. 10.059 E. Government Finance Officers Association Distinguished Budget Presentation 5 Award to City of Sebastian Administrative Services Department Mayor Gillmor read the award letter and congratulated the Administrative Services Department. Ms. Coy noted this is the sixth year for the Award. Brief Announcements Mayor Gillmor announced the following: Chamber of Commerce Free Concert in the Park at Riverview Park on Friday April 16 from 5:30 pm to 8 pm with Mike and Kayte's Acoustic Pop Tour. American Cancer Society Relay for Life to be held at Sebastian River High School on Friday April 16 through Saturday April 17. Earth Day Celebration sponsored by City Natural Resources Board in Riverview Park on Saturday April 17 9 am to 3 pm. Law Enforcement Torch Run for Special Olympics on Tuesday, April 20 at which runners from Local Law Enforcement and Special Olympics will run from the north County and arrive at Friendship Park behind City Hall at about 11 am and urged all to come out and greet the runners. 2 Regular City Council Meeting April 14, 2010 Page Three He urged residents to mail in their census forms within the next three days to help the community get the funding it needs. 7. 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 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— 23 A. Approval of Minutes 3/10/10 Regular Meeting 25 29 B. Approval of Minutes 3/24/10 Regular Meeting 10.060 C. Authorize Purchase of Seven Police Vehicles from Bartow Chevrolet in the 31 36 Amount of $149,534 Under State Contract No. 09 -17 -0908 (PD Transmittal, Deputy Chief Memo, RFQs) MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve the consent agenda. Result of the roll call vote: AYES: All NAYS: None Motion carried 8. 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. None. 9. PUBLIC HEARINGS Procedures for public hearings: Mayor opens hearing Attorney reads ordinance or resolution Staff presentation Public Input Staff summation Mayor closes hearing Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 10.061 A. Public Hearing to Finalize the Major Issues to be Included in the City's Evaluation 37— 42 Appraisal Report and Authorize a Letter of Understanding to be Forwarded to the Dept. of Community Affairs (GMD Transmittal, DCA Transmittal Letter) Mayor Gillmor opened the public hearing at 6:47 p.m. The Growth Management Director requested that Council review the report for transmittal to DCA, and noted the City's consultants are in attendance. There was no public input. 3 Regular City Council Meeting April 14, 2010 Page Four MOTION by Mr. Hill and SECOND by Ms. Coy to transmit the EAR to DCA carried on a voice vote of 5 -0. 10. UNFINISHED BUSINESS 10.062 A. Consider Resubmitting 2007 Objection Resolutions to Indian River County Re: 43 48 Ocean Concrete (City Clerk Transmittal, Chrono, Resolutions R -07 -02 and R- 07 -23) Mr. Hill said he had questions on this issue and wanted to see the information and that he was comfortable with the information provided. The City Attorney stated the County application process started in 2005, and in 2009 the Circuit Court decided a technical point of the process, that the applicant's request to extend their opportunity to file an amended site plan was improperly denied by the County. He said on April 20 the County will be considering a very limited aspect of the issue, as to whether an extension should be granted and subsequent to that the County will deal with the substantive issues of the application. He recommended Council defer this action until after April 20 when the County makes its decision as to whether to extend. MOTION by Mr. Hill to table until the County's decision on the 20 He said, however, he hopes no one here tonight is concerned that the City is changing its decision on this issue. Ms. Coy advised the audience that as Council sat down tonight they received a packet which cites what will be discussed on April 20 and if Council were to respond now it might not be the right time. She said she and Mr. Hill are committed in non- support of the issue. Mr. Wright said he believed everyone on the Council still supports the position taken previously by Council, very much appreciated the attorney's advice tonight, and based on a brief review of the memo provided to Council tonight he agreed with waiting. He said we also have a memo from Rex Nelson, and though we don't need extensive input he would not be opposed to people giving input. Ms. Coy said this issue can be put on the next agenda when we can take action. Mayor Gillmor echoed the concerns of the other Council members. Council members provided their copies of the County correspondence to members of the public. 11. PUBLIC INPUT Al Manzi, Sebastian, Florida thanked Council for backing the residents on the concrete issue in the past and said he was looking for their backing in the future. Damien Gilliams, requested that Council direct staff to ask the County to provide recycling bins for commercial districts at no cost as they do for residential, and expressed concern for purchase of the Dabrowski property. 4 Regular City Council Meeting April 14, 2010 Page Five 12. NEW BUSINESS 10.063 A. Approve Resolution No. R -10 -08 Partial Vacation of Easement at 401 Caravan 49 66 Terrace (Dexter) (GMD Transmittal, R- 10 -08, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 4, BLOCK 289, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -08 by title. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R- 10 -08. Result of the roll call vote: AYES: All NAYS: None Motion carried 10.064 B. Approve Resolution No. R -10 -09 Final Plat Chesser's Gap Subdivision Phase 67- 78 III (GMD Transmittal, R- 10 -09, Final Plat [Under Separate Coverl, Application, City Surveyor's Approval, City Engineer's Approval, Clerk of Court Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CHESSER'S GAP PHASE III; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -09 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Resolution No. R- 10 -09. Damien Gilliams, Sebastian, heldup the final plat survey and asked if this is where the Seawinds Funeral Parlor is, and did the City approve a funeral parlor on a piece of property that was not properly platted. Ms. Coy asked the City Attorney what would be appropriate comments on this in light of future actions that may happen with regard to the funeral home. The City Attorney said some courts have deemed final plat approval to be quasi judicial in nature and he swore in Mr. Gilliams. He then explained the public and City Council can look at the plat to see if it meets the plat requirements of the Code; but in this case, other issues need to be reserved for the next quasi judicial proceeding in an appeal posture at which time the other issues would be appropriately discussed at that time. He noted tonight their concern is a technical decision as to whether the plat meets the Code. Mr. Wolff asked why this is being done now. 5 Regular City Council Meeting April 14, 2010 Page Six The City Attorney said his recollection was that this was a piece of property that was not platted when the surrounding property was and it was noted during recent discussions on the crematory and it was determined that it should be updated to include the unplatted parcel to complete the plat. Mr. Wolff asked why a property needs to be platted. The City Attorney said there is a description on the plat that is fairly lengthy, State law offers owners of property to plat the property to more accurately describe where it is located, once reviewed and determined that they meet the requirements, final plats are then filed in the official records of the County forever, which makes it easier to transfer title in future. He said the Code requires certain dimensions on lots, different types of lots, frontages, certain types of streets, widths of street which are reflected on the plat to ensure the development complies with the Code. Mr. Gilliams said we had a development order on a piece of property that was never platted, so we're not even sure if the building is in the right spot, for the record staff went forward with site plan without even having boundaries. Randy Mosby said Mr. Gilliams was incorrect as the plat is a planned unit development (PUD) and not a subdivision. He said the preliminary plat was originally approved and over time Dr. Fischer carved out parcels. He said the Code requires final platting and for whatever reason three or four lots were not platted and this is to clean up records. Mr. Wolff said the plat reads "subdivision and Mr. Mosby said it was never approved as a subdivision but as a preliminary PUD. The Growth Management Director said the word subdivision refers to the legal definition of the land and changing the definition to a short -hand version, the PUD requirements refer to zoning and Mr. Mosby's point is that this isn't a subdivision utilizing a regular category but a PUD utilizing a mix of zoning. She said this is a catch up plat and the Exxon station and the empty lot next to it also still need to be final platted. Mr. Wright asked if they were really just identifying ownership and boundaries. The Growth Management Director said that was correct. Mr. Hill read from the staff recommendation and said this is simply a housekeeping item. Mayor Gillmor asked if the fees have changed, noting $500. was paid. The Growth Management Director said the preliminary plat fees are higher and final plat is treated as ministerial. Mayor Gillmor asked if the fee was collected seven years ago, who would have made more money. The City Manager explained the final plat is the way the City holds the developer accountable for the improvements that they make. Mr. Wolff asked if City fees need to be updated. The City Manager said all of our fees probably need upgrading and this can be discussed at budget time. 6 Regular City Council Meeting April 14, 2010 Page Seven Result of the roll call vote: AYES: All NAYS: None Motion carried 10.065 C. Waive Bidding Procedures and Approve Execution of Club Car Lease in the 79 98 Amount of $279,500 in Terms of $5,274 Per Month at Annual Interest Rate of 4.56% The City Manager gave a brief presentation tracking his recommendation in the transmittal. MOTION by Mr. Hill and SECOND by Mr. Wright to approve the execution of the Club Car lease in the amount of $279,500, in terms of $5,274 per month at an annual interest rate of 4.56 Mr. Wright asked if some carts were included for use at the Airport so pilots can fly in and use a car. The City Manager said there is a provision to allow the City to buy cars at trade -in value so the Airport would need to purchase the cart. Mr. Wolff asked what is a turf car. The City Manager said it a car with a bed in the back to haul equipment and sod. Mr. Wolff asked if 86 cars was a good number for inventory that will carry out operations for three years. The City Manager said it was a good number for high season so patrons won't have to wait for car use, the heavy use is in the winter months and he noted the inventory will last for three winter seasons and four summer seasons with change out occurring right before the fourth winter. Damien Gilliams, Sebastian, said his only concern is whether the City would receive more money auctioning the cars off as opposed to trading them in. Result of the roll call vote: AYES: All NAYS: None Motion carried Mayor Gillmor called recess at 7:25 p.m. and reconvened the meeting at 7:37 p.m. All members were present. 10.066 D. Award Annual Janitorial Service Contract to Low Bidder W G Maintenance of 99 160 Palm Bay, FL in the Amount of $48,626.40 Per Year (PW Transmittal, Contract Docs, Bid Tabulation) The City Manager said this is an expiring contract, staff did an RFP and there were several responses and the most responsive was W G Maintenance. He said staff will manage the contract and if they don't live up to their proposal, take the appropriate actions. MOTION by Ms. Coy and SECOND by Mr. Hill to award the janitorial service contract to low bidder W G Maintenance of Palm Bay, FL in the amount of $48,626 per year. 7 Regular City Council Meeting April 14, 2010 Page Eight Mr. Wolff said by reading the materials it is hard to substantiate whether they did a good job in their previous contracts. The City Manager said they did have some large commercial cleaning contracts and at this price it is worth a shot. Mr. Wolff asked if there was some SOP they can look at to know the City's standards and the City Manager said the contract specifies the requirements. The Public Works Director said they will be using two of their staff and will be adding two people. He said there is a fine process if the work is not done properly; all their paperwork is up to date, and said he feels very comfortable with them. Result of the roll call vote: AYES: All NAYS: None Motion carried 10.067 E. Approve Concept of Skateboard Park Office Project and Authorize City Manager 161 164 to Proceed with Site Plan Review and Construction Utilizing Staff and Approved Continuing Services Contracts (City Manager Transmittal, Site Plan, Photos) The City Manager reiterated his recommendation to construct a new skateboard park office with storage space and make a nicer appearance, asked for Council approval of the concept and direct staff to go forward with administrative review of the site plan and then begin construction. MOTION by Mr. Wright and SECOND by Ms. Coy to approve. The City Manager said benches could be added at a later time in response to Mr. Wolff. Result of the roll call vote: AYES: All NAYS: None Motion carried 10.068 F. Schumann Restroom Project Approval Appropriate $29,460 from Recreational 165- 169 Impact Fees and Authorize City Manager to Proceed with Review and Construction Utilizing Staff and Approved Continuing Services Contracts (City Manager Transmittal, Site Plans, Photos) The City Manager reiterated his recommendation in the transmittal, cited the need for the appropriation of an additional $29,460 from recreational impact fees, said this will require Planning and Zoning review, and recommended approval of the concept. MOTION by Mr. Wright and SECOND by Ms. Coy to approve with the appropriation of $29,460 from the recreational impact fees. Mr. Wright said the park improvement project looks great and this will add to the overall look of the park. 8 Regular City Council Meeting April 14, 2010 Page Nine Mr. Hill asked if the restrooms were in the original bid. The City Manager said the restrooms were talked about but not spec'd because staff was concerned about asphalt costs at that time. Mr. Wolff said the surface seems to be cracking on some of the courts, and the Public Works Director said there was a two year warranty, they are working on it and it will be taken care of. He said there will be two toilets in each side and the bid includes mirrors and handle bars. Mr. Wolff asked if there could be a water fountain and the Public Works Director said it is possible but it will add to the cost. Mr. Wolff commended the Police Department for their work to reduce vandalism at the park. The City Manager said the new location of the restroom will have more visibility. Mr. Wolff said the garbage cans are not chained and had been thrown around. The Public Works Director said he would take care of it. Mr. Gilliams asked if the restroom on the riverfront cost $100,000 and said this restroom could use a urinal instead of two commodes, was happy with the engineer because he is saving us money. He complimented staff on coming in below on the bids. The City Manager said the cost for the riverfront restrooms was based on need for a lift station, and came in at $80,000 not $100,000. Result of the roll call vote: AYES: All NAYS: None Motion carried 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Council Member Wright None. B. Mayor Gilimor None. C. Vice Mayor Hill None. 9 Approved at the May 12, 2010 Regular City Council Meeting ATT Regular City Council Meeting April 14, 2010 Page Ten 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:04 p.m. Ric and H. Gillmor, Mayor D. Council Member Coy None. E. Council Member Wolff Sally A. io, MMC City Clerk Mr. Wolff suggested allowing people to be added to an e-mail list to receive agenda packets. The City Clerk said her office does this and will advertise the program again. Mr. Wolff said cities are passing regulations on pain clinics and the Growth Management Director said she had information she can provide to Council. Ms. Coy said she would like more information. 10