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HomeMy WebLinkAbout07142010City Council Present: Mayor Richard H. Gilimor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. aivcF MOW HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 14, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gilimor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Rev. Paul Steinke. 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 Growth Management Director, Rebecca Grohall Airport Director, Joe Griffin Parks Supervisor, Chris McCarthy Police Chief, Michelle Morris Deputy Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. 10.096 A. Proclamation July 2010 Marine Debris Removal Month Captain Donald Voss 5 and Diana Voss Mayor Gillmor read and presented the proclamation to Captain Donald Voss. 10.105 B. Proclamation July 2010 Parks and Recreation Month Chris McCarthy, Parks 7 Superintendent Mayor Gillmor read and presented the proclamation to Mr. McCarthy. Brief Announcements None 9 -12 13 -19 10.106 21 -24 Regular City Council Meeting July 14, 2010 Page Two 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. A. B. C. Approval of Minutes June 23, 2010 Workshop Approval of Minutes June 23, 2010 Regular Meeting Resolution No. R -10 -19 Calling November 2, 2010 General Election (City Clerk Transmittal, R- 10 -19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 2, 2010; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A -C. The City Attorney noted a typo in the title of Resolution No. R -10 -19 on the agenda where 2009 should be 2010. Mr. Hill added, "As amended," to his motion. Roll call on the motion as follows: Ayes: All Nays: None Carried 5 -0 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. Mayor Gillmor reported on the Treasure Coast Regional League of Cities meeting and luncheon on July 21, 2010 at the Vero Hotel starting at 10:30 am, noting all members of Council are invited. He asked members to let the City Clerk know if they are planning to attend to make a reservation. 2 Regular City Council Meeting July 14, 2010 Page Three Ms. Coy questioned the anticipated meeting of the Mayors and County Commission inquiring whether all members of Council will receive an agenda so they can include comments. The Clerk noted all members of Council had received a copy of the draft letter from Mayor Sawnick to the Commission. 10.001 A. Planning and Zoning Commission 25-36 Interview Unless Waived and Submit Nomination for One Vacant Alternate Member Position (City Clerk Transmittal, Application, Ad, List) Mr. Reyes was requested to come to the podium, however, there were no questions for him. Mayor Gillmor recommended the option to appoint him for the remainder of the term plus three years to 2013. Vice Mayor Hill nominated Mr. Reyes for the extended term. Mr. Reyes was appointed with a voice vote of 5 -0. 9. PUBLIC HEARINGS 10.048 A. Conduct Public Hearing for Transmittal of 2010 Draft Evaluation and Appraisal 37 -38 Report (EAR) to Department of Community Affairs (DCA) (Growth Management Transmittal) (Draft Report Under Separate Cover) Mayor Gillmor opened the public hearing. The City Attorney read the agenda item and the City Manager introduced Brandon Schaad, Outlier Planning, who gave a PowerPoint presentation (see attached). Ms. Coy inquired as to his reference to greenways, and Mr. Schaad responded it refers to recreational trails and sometimes even transportation. Mr. Wright said the Metropolitan Planning Organization (MPO) developed the North County Greenways Plan, which is a primarily a recreational and transportation plan. Ms. Coy said she was concerned about the amount of focus on using park funds for transportation. The Growth Management Director explained using the recreational impact fees is a way to achieve the greenways plan so people can use the paths on foot or bicycle. Ms. Coy pointed out the average age for Sebastian is 47 years old and not a lot of people will be walking or bicycling to their destination. Mr. Wolff agreed, stating the plan ignores that we are living in the tropics, and did not know how practical that would be but they can't ignore putting in bicycling routes. Mr. Schaad explained the reasoning for this recommendation is recreational impact fee moneys cannot be used for operations; and when considering how many more parks the City wants that will require maintenance with declining revenues; the impact fee could be used for more passive recreation such as the greenways. Ms. Coy replied the City's parks could use more facilities such as pavilions, playground equipment, and handicapped accessibility. She said she did not want to take neighborhood parks away and asked what neighborhoods did not want a park as stated in the report. 3 Regular City Council Meeting July 14, 2010 Page Four Mr. Wright said on Stonecrop Street people did not want a park because of problems in the past. Mr. Wolff added that Nebraska Circle did not want basketball courts. Mr. Hill said the wording, "to consider the future use of impact fees," is open and benign. Mayor Gillmor added this is a future document, and if gas prices increase, people may need alternative transportation. Mr. Hill added if the recreational impact fee is not needed, it could also be eliminated. Mr. Hill said the Interlocal Service Boundary Agreement (ISBA) has not been finalized and asked why it would be included in the report. Mr. Schaad said he tried to describe the City's effort and it could be included at Council's discretion. Mr. Wolff said on page 21 the report states the middle and high school to be over capacity by 2013, and he did not think this was up -to -date because of declining enrollment and should be confirmed with the School District. Mr. Wright noted a detailed economic development element will be prepared and asked when that would be ready. Mr. Schaad said there is a draft in staffs hands now. The Growth Management Director added it is go to Planning and Zoning in August. Mr. Wright cited the financing tools listed on page 43 which have not been discussed by Council. He said these items are relatively new to him and he wasn't sure how they would be implemented in the future. He then cited the second bullet on page 45, "encourage the further development of housing opportunities in riverfront area" and he said this might be a typo as the further of commercial and business should be the focus and asked if Council agreed. Ms. Coy agreed and suggested maybe multi -use as a business might have an apartment on top. Mr. Schaad said he would make that adjustment. Mr. Wolff said the report indicates in 15 years the City will have 35,000 people and his personal feeling is the character of Sebastian will change significantly and wasn't sure people over the age of 49 would be attracted to multi family housing. Mr. Hill said since 1990 the character has changed a lot with a natural progression. Mr. Wolff added that he didn't believe there would be enough employment for 35,000 people in 15 years. Mr. Wolff noted the industry sectors, where the jobs are half of 1% are employed in agriculture to include fishing which is 115 people and he said he was surprised the City is looking to spend tens of thousands of dollars promoting a fishing venture for that few people. Mr. Wright cited page 51, "Sebastian considers the function of the Riverfront area a multi -modal commercial core a higher priority than the efficient movement of vehicles along US1, and that the City's downtown," and he said he didn't think Council had made a decision on priorities and it might not make sense to put that in the comprehensive plan. He said he liked the second comment from the bottom on increasing street parking in the riverfront area. Mr. Wolff added that promoting a downtown trolley with the Go -Line is hard to fathom since the City just donated $50,000 to the Go -Line. 4 Regular City Council Meeting July 14, 2010 Page Five Public Input Dale Simchick, 766 South Easy Street, said having served on the MPO, greenways could be considered transportation and recreation; and it is important to keep multi modal in the EAR as it will increase our ranking chances to obtain funds. Louise Kautenburg, Sebastian, said she studied the EAR and was concerned about using loose words as impact fees are paid for specific a purpose and converting those funds to a nonspecific purpose is dishonest; she asked if new neighborhoods would give up their smaller parks for a larger community park; and she noted all of America is aging with less mobility so neighborhood parks will become the most valuable asset. There was no other input. Ms. Coy said she was not in favor of the recommendation to consider instituting a mobility fee for multi -modal transportation in the comprehensive plan. Mr. Schaad explained transportation improvements in the County and City are partially funded by transportation impact fees, and the courts are considering abolishing the fees, and the legislature is considering a mobility fee that would fund more than automobile infrastructure. Mr. Wright asked if that was a change in nomenclature or the whole concept. Mr. Schaad said in his opinion it is mostly a change in nomenclature. Mr. Hill noted the City doesn't collect transportation fees, rather the County does. Mr. Wright said that could change and Ms. Coy suggested crossing that bridge when we come to it. Ms. Coy was in favor of retaining the ISBA option until it is a dead horse. Mr. Hill reiterated it is not a real document and there should be a statement that we will look at those type of agreements for future land use to work together with the County and other cities. Mr. Wolff said it is not in the summary of recommendations. Mr. Hill said it is indicated in the maps. Mayor Gillmor asked the City Manager if the EAR is supposed to be a snapshot of what Council envisions five years out. The Growth Management Director said the EAR is a snapshot of where we are today and want to be, as opposed to the comp plan adoption in 1999; and she noted the legislature will require the consideration implementing a mobility fee which will have to be dealt with, but not instituting a fee is also valid response to the legislature. The City Manager explained that Council should now decide if the report should be revised as discussed and sent to the Dept. of Community Affairs (DCA) or would Council like to see the revised document again. He summed up the revisions discussed by Council: do not use the recreational impact fees for greenways mark all ISBA references and maps DRAFT check school data 5 Regular City Council Meeting July 14, 2010 Page Six The City Manager said the financing tools are not binding, just suggesting that the City look for green and global possibilities. Council agreed to leave the language as is on page 43. change the development of the riverfront from residential to commercial/business /mixed use -give equal prioritization to the transportation priorities on page 51 scratch the trolley system mentioned on page 37 Ms. Coy asked if Council was interested in pursuing a train stop in Sebastian. The City Manager said he remembered there was a consensus not to pursue a stop. The Growth Management Director said the stations had been decided, but if Council wanted to modify the comp plan to include a policy statement, it might help with support for a future application. Ms. Coy asked that it be included on a future agenda. MOTION by Mr. Wright and SECOND by Mr. Hill to transmit the EAR to DCA with the proposed changes passed with a voice vote of 5 -0. Mayor Gillmor called for a recess at 7:48 p.m. and reconvened the meeting at 8:02 p.m., all members were present. 10. UNFINISHED BUSINESS 10.089 A. REVISED RESOLUTION NO. R -10 -15 Park Use Regulations and Fees (City 39-60 Manager Transmittal, Revised R- 10 -15, Code Chapter 74, 5/26/10 Minutes Excerpt) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R- 10 -15. Public Input Scott Harrington, Chello Avenue, said he has no beef with the Craft Club and Art Club but when the shows are happening on the weekends, the boat trailer parking is closed which causes the local businesses to lose money. Mayor Gillmor said the ramp is closed only during festivals, and Mr. Wright said it is never closed for craft shows, though, sometimes for 5K runs. Mr. Harrington said when this occurs, boat trailers are blocked in by cars and there is no way to ask the car owner to move and in his opinion the local boaters bring in the most money by eating in restaurants, buying ice, and buying bait; and he would like to see something done. 6 Regular City Council Meeting July 14, 2010 Page Seven Ms. Coy suggested the off -shore fishermen use the south parking lot, which is the overflow and not a long walk. She also said we might want to consider overnight parking in that lot for boaters. Mr. Hill noted there was an error in regard to the requirement of police officers on circle page 42. The City Manager clarified that 75 -150 attendees would require one officer, 151 -300 would require two officers and above that would probably be a City sponsored event where the officers would be the City's contribution to the event. Ms. Coy cited circle page 44, paragraph b the requirement of Council approval for events charging an admission fee, noting there was an event at the Yacht Club this past weekend that charged a fee. The Parks Superintendent explained it was a City contractor who usually holds his dance classes at the Community Center but he wanted to try the Yacht Club for ambience. Roll call on the motion as follows: Ayes: All Nays: None Carried 5 -0 10.083 B. Approve 50% Reduction of All Applicable Fees for Craft Club of Sebastian Craft 61 -66 Shows at Riverview Park from 9:00 a.m. to 3:00 p.m. on 10/2/10, 11/13/10, 12/4- 5/10 and 1/8/11, 2/5/11, 3/5/11.4/2/11 and 5/7/11 with Rain Dates of 10/3/10. 11/14/10, 1/9/11, 2/6/11, 3/6/11, 4/3/11 and 5/8/11 10.084 C. Approve 50% Reduction of All Applicable Fees for Sebastian River Art Club's 67 -71 Shows at Riverview Park from 10:00 a.m. to 4:00 p.m. on 11/20/10, 12/11/10, 1/15/11, 2/12/11, 3/12/11, 3/13/11 and 4/9/11 with Rain Dates from Noon to 4:30 p.m. on 11/21/10, 12/12/10, 1/16/11, 2/13/11 and 4/10/11 MOTION by Ms. Coy and SECOND by Mr. Hill to approve items B and C. Ms. Kautenburg said the Clubs are receiving a 50% fee reduction and asked what the criteria was for the reduction. Mr. Wolff asked if a similar organization wrote a letter would they be considered. Mr. McCarthy said both groups have been using the park for at least 28 years, and contribute to the City and have been receiving the reduced fee for approximately six years; and any fee reduction must be approved by Council. Roll call on the motion as follows: Ayes: All Nays: None Carried 5 -0 7 Regular City Council Meeting July 14, 2010 Page Eight The City Manager said both of these groups had applied before the increase in fees, and asked Council if they wanted to charge the old or new fee. He recommended the prior fee. The Parks Supervisor said he is charging the old fee to all applicants that submitted applications prior to the increase. Ms. Coy said the applications were pulled from the agenda at her request two meetings ago and at that time Mayor Gillmor did request increasing the fees for park use. Mayor Gillmor said he was in favor of the fees going up and at this point, he left the room to recuse himself because he is a member of the Art Club. (Form 8b attached) It was the consensus of the remaining four Council Members to charge both Clubs the old fee. Mayor Gillmor rejoined the meeting. 11. PUBLIC INPUT Rosemary Bostinto, Sebastian, said in her personal opinion, Keep Indian River Beautiful is misleading the public as they are asking for donations at their new thrift store located in Indian River Mall but they are selling the donations at a fixed price. She wanted the public to be aware of this. Mr. Wolff asked if they are charging sales tax and she did not know. Dale Simchick said she is in favor of the City applying to the Florida Dept. of Environmental Protection for a mooring field for city residents, but she would not be in favor of leasing the mooring field out to a private company. 12. NEW BUSINESS 10.107 A. Discussion of Flagship Marina Parking (City Manager Transmittal, Draft 73 -82 Agreement, GMD Parking Report) The City Manager said he sought guidance from Council on granting the proposed parking agreement to increase the capacity of the restaurant/marina from its existing use. He pointed out there is no price as far as what the City considers reasonable for the use of public spaces; Mr. Wilson is concerned that the agreement language is not iron -clad enough as far as termination on the City's perspective; and noted he did provide pros and cons for such a lease. Public Input Rich Stringer, Attorney, representing Joe Graham, Angler Inn, said Mr. Graham has approached the City on the same concept and been told to stop trying to use the City parking lot to maximize your property. He said there are concerns that this will be provided on an equal basis and noted Mr. Graham is ready to apply. Mr. Stringer asked Council to recognize there is a problem and allow parking credits from nearby locations or change the zoning regulations so that there is an even handed application of the rules. He cautioned the Cavcorp land must have equal availability for everyone under the grant; and on the riverfront parking on the east side, the land must be used for park use in accordance with the deed. 8 Regular City Council Meeting July 14, 2010 Page Nine Mr. Stringer said his client's discussion of renting the spaces to the potential purchaser ceased when the City proposed some of the Cavcorp parcel. He urged Council to change the zoning requirements for everyone through the formal process. George Wilson, Pilot House Marina, potential purchaser, said he received a call from Mr. Graham who said he had property but it was not cheap but he was in negotiations with the City at that the time. He said there are 47 boat slips, 29 pedestals, a three bedroom apartment above the restaurant, and the restaurant with 105 seats and without some resolution with the parking and the ability to have 150 seats in the restaurant, it is not economically viable and this will be revolving problem for the City. Mayor Gillmor asked if he had broken off negotiations with Mr. Graham. Mr. Wilson said that Mr. Graham had 27 spaces and there is the possibility of doing an agreement that but it doesn't address that 75% of the parking be on site. Ms. Coy asked Mr. Wilson if he would be willing to improve the Cavcorp lot for the parking. Mr. Wilson explained that when it comes to cash money it is a marginal deal as it is and there is no money for capital expenditures, and he was willing to go $500 to $1,000 per month for non exclusive parking. Tom Collins, Captain Hiram's said the agreement is not in the best long -term interest of the community and not fair for those who have complied with current and existing parking requirements. He asked Council to consider that Captain Hiram's has 300+ spaces on private property, and recently tore down condos to create more parking, in his estimation each additional seat increases the property value $5,000 -7,000 per seat; and he requested that Captain Hiram's receive a match as they are interested in buying some property in the area. He said the 150 seats being requested automatically qualified them for a liquor license. Chuck Mechling, Sebastian River Area Chamber of Commerce read the Chamber's position into the record. (see attached) He said the sole purpose of a business is to make a profit and a by- product is the sales tax and job creation; and if a business closes its doors everyone loses. He asked Council to embrace someone who is trying to be a part of us. Ed Herlihy, Sebastian, cited Council's recent economic development accomplishments and said the agreement is of no cost to the City, there will be 40 to 50 new jobs, it will be an investment for the run -down property, and it will allow more automobile parking for the public, and will bring in revenue. He said lets not lose this wonderful opportunity, immediately begin making changes to the Land Development Regulations (LDRs) but go forward with the agreement. Cory Taylor said anything that promotes economic growth is good and urged Council to move forward. Lisanne Robinson, CRA Business Owner, said she agrees that Council needs to work on shared parking in the LDRs which will affect a lot of properties in the district. 9 Regular City Council Meeting July 14, 2010 Page Ten She said this morning there were five boat trailers taking up 25 spaces on the east side and she suggested taking the first row of Cavcorp and put in a row of parking for automobile parking. She said the variance hearing will be the City's protection and the LDR revisions will all work in sync. Louise Kautenburg, Sebastian, said we need a vital, active business in that location but unfortunately, we're put in a position of not being fair. She said she sat on the Board of Adjustment where they addressed parking issues time and time again and it was brought up that the City needs a parking plan and how to use properties to make them feasible. She asked could we move people back and forth with a tram as Disney does. She said we need this business, and we need it now and we need to fix the problem. Ben Hocker said if the 48 boat slips have 49 vehicles parked as close to the slips as possible and he wants to go to dinner he will have to park way up US1; he asked what if Mr. Harts sells the business to a Hooters —do we want that. He said he moved here to retire because it was quiet with fishing and relaxation, let's keep it that way. Dale Simchick said this is interfering with free market and asked how we will make it fair and equitable for all; and when this business goes away, will this be open to other businesses as well. Mayor Gillmor said a year ago, he entered the Firefighters' Chili Cook -off at Pointe West and his booth was next to Mulligan's booth where he met Mr. Wilson, Manager of Mulligan's and invited him to come to Sebastian; and now almost a year later he received a call from Mr. Hart regarding the Flagship property which is where they are today. Mayor Gillmor called for a recess at 9:21 p.m. and reconvened the meeting at 9:31 p.m., all members were present. Mr. Hill said this is an opportunity to do something great for Sebastian, take a business that has struggled, make the riverfront thrive, keep taxes down on that side of the tracks, and create 50 jobs. He cited the Jackson Street agreement, stating it was the right thing to do. He urged Council to work with the potential buyer to find reasons to make this happen, and simultaneously revise the LDRs, and he will ask the City Manager to bring this back as an actionable item. Ms. Coy agreed with Mr. Hill and she advised Mr. Wilson and any other future buyer that the City has four festivals a year and the City will not protect anyone's parking. She asked the City Attorney if Council directs the City Manager to continue negotiations, should they approve a lease without having LDRs revised. The City Attorney said he thought they could be done simultaneously and should be within close proximity of each other; and once it is in the code everyone will be able to see if the LDR meets their business needs. He said if the LDR isn't changed, Mr. Wilson will need a variance, but he didn't want to prejudge anything because that will be quasi judicial. He noted the current code states off street parking cannot provide more than 25% of the needed parking which needs to be changed. 10 Regular City Council Meeting July 14, 2010 Page Eleven Ms. Coy asked about the time frame. The City Attorney said it depends on how staff analyzes the parking code. Ms. Coy asked how long a parking survey would take. The City Manager said it was a big step to identify parcels, shift funds for a consultant; it would be six to nine months. Ms. Coy suggested while revising the LDRs, look at the overall parking such as one -way on Coolidge, and taking sections of Cavcorp for car parking only. Mayor Gillmor said he would like to see agreements open to private industry such as Mr. Graham's parking or the new bookstore, Squiggly's as the money would go to business people rather than the City. Mr. Wolff said he would like to have a further understanding of the permitted density for the property citing 15 slips, noting Mr. Wilson talks about 47 slips, there are 42 parking spaces, Mr. Wilson is requesting an additional 48 parking spaces, so it would go from 105 seats to 150 seats plus 50 employees, it would be 200 people at that spot. He said he would like a better understanding of the impact of enlarging the density on that property. He pointed out that when Mayor Gillmor ran for Council he said that Key Largo had built up so much that he had to move, he said there isn't ample parking there, Mr. Wilson said his business plan indicates it will be a marginal deal, any agreement will have to address a lot more than what is mentioned so the City should get it right the first time, he didn't think a December restaurant opening was realistic to meet the ADA requirements, revised code, a parking survey and he suggested the bank might be interested in hiring an engineer to design a better parking design for that property. MOTION by Mayor Gillmor to extend the meeting until 10:30 p.m. There was no objection. Ms. Coy asked if the City starts at the level it left off, and was there a grandfather clause. The Growth Management Director said it was approved for 105 seats by resolution in 1996. The Growth Management Director explained the marina was built first originally with 42 slips but they were bargained away over the years for restaurant; and the restaurant bargained away the marina slips to 15 so they could have the restaurant and deck there. The City Manager said the density is a 47 slip marina, 4800 square foot service area restaurant and the residential area requires 90 parking spaces. He said the existing site plan says he has 42 parking spaces so he needs 48 additional spaces. Mr. Wright asked how the 25% applies. The Growth Management Director said it is 25% of the 90 needed. The City Manager said the density is that he is trying to double it off site. Mr. Wright confirmed he needs about 25 spaces. The Growth Management Director said the previous tenant was working on an off —site agreement for the restaurant. Mr. Wright asked if the other businesses in that district have used the option successfully. The Growth Management Director said there are some that have shared parking agreements. Mr. Wright asked for the names of those businesses. 11 Regular City Council Meeting July 14, 2010 Page Twelve Mr. Wright said we are going to have a parking conflict which may allow for success or failure of this restaurant and suggested building angled parking along the west side of Indian River Drive to be available for this restaurant noting the demand for parking is going to be enormous. He stated this past Saturday and Sunday every space was filled and it started to clear out around 3 -4 p.m. Sunday. He said he did not like this agreement and said we need to do a variance, and do more parking down there, stating there are not going to be 50 spaces available. Mayor Gillmor said there was consensus to have the City Manager proceed and he would like to see it done privately. Mr. Wright said he would like to do it without a lease and with a variance. In response to Ms. Coy's asking how long it would take, the City Manager said changing the LDRs would require public advertisement, review by the P Z, two readings by Council, which is about 60 to 90 days. Mr. Wolff asked how many spaces Mr. Graham's property could provide. The Growth Management Director said there are 22 spaces at Mr. Graham's business. Mr. Wolff said if the City didn't undervalue the parking spaces, the buyer would gravitate to the private market. Mr. Wilson said that Mr. Hart is aware that he will be a need to negotiate with private parties parking, he has even discussed a valet lot, another lot for employees but if they are not dealing with the City they don't have a long term solution, noting he couldn't imagine an adjacent property owner giving a 10 -year parking agreement, he would like to get through the LDR revisions and identify how many more spaces they need. Mr. Hill said there is agreement to find some solution for the property, the City Manager has received direction to go forward with some way to help this business succeed, Mr. Wolff had valid questions about density and direction has been given to pursue it. 13. CITY ATTORNEY MATTERS 10.087 A. Pain Clinic Notices (oral report) The City Attorney said he was looking at an affidavit to be signed by medical providers to let them know that they are dealing with a pain ordinance but decided to go with a notice (see attached) that would include a reference to the City's website so someone can view the ordinance as a whole and we will provide the notice to medical type providers when the business tax renewals and receipts are mailed out. 14. CITY MANAGER MATTERS The City Manager requested two CRA meetings possibly for July 21 and August 4 to discuss the second phase of the master plan update and then the CIP process. Some Council Members indicated scheduling conflicts so the City Manager said he would be in touch with them to find some dates. 12 ATTES Regular City Council Meeting July 14, 2010 Page Thirteen He also reported that the draft of the Fisherman Landing Lease will be complete and reviewed at the Working Waterfront meeting scheduled for Monday. He said the lease would be on the July 28 Council agenda. Mr. Wright asked if the CRA meeting could be scheduled before the regular Council meeting. The City Manager said he would keep that in mind. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Vice Mayor Hill none. B. Council Member Cov none. C. Council Member Wolff none. D. Council Member Wright Sally A. Maio, C City Clerk Mr. Wright said he would like to see asking the Indian River County Land Acquisition Committee for leftover funds to fix up the Archie Smith fish house on the Working Waterfront and City Council agenda. E. Mayor Gillmor none. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 10:28 p.m. Approved at the July 28 regular City Council meeting. 13 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME MIDDLE NAME Gillmor, Richard H. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Sebastian City Council MAILING ADDRESS 744 Kroegel Avenue THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 2 CITY COUNTY OTHER LOCAL AGENCY CITY Sebastian, FL 32958 COUNTY Indian River NAME OF POLITICAL SUBDIVISION: Sebastian City Council DATE ON WHICH VOTE OCCURRED July 14, 2010 MY POSITION IS: 11 ELECTIVE APPOINTIVE CE FORM BB EFF. 1/2000 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or Toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: t t f i Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT You must disclose orally the nature of your conflict in the measure before You must complete the form and file it within 15 days after the vote occurs meeting, who must incorporate the form in the minutes. A copy of the form agency, and the form must be read publicly at the next meeting after the of the agency. BY DISCUSSION AT THE MEETING: participating. with the person responsible for recording the minutes of the must be provided immediately to the other members of the brm is filed. DISCLOSURE OF LOCAL OFFICER'S Richard H. Gillmor hereby disclose that INTEREST on July 14 20 10 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or Toss of my business associate, inured to the special gain or Toss of my relative, inured to the special gain or Toss of b whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained (b) The measure before my agency and the nature of my conflicting interest an me. in the meeasure s is as follows: Q� Q r C 1_ 2 i Signature 6 ../6 Lv �w1�1 V Date iled NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, CIVIL PENALTY NOT TO EXCEED $10,000. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE OR MORE OF THE FOLLOWING: IMPEACHMENT, REDUCTION IN SALARY, REPRIMAND, OR A CE FORM 8B EFF. 1/2000 PAGE 2 Sec. 30 -83 Prohibition. HOME OF PELICAN ISLAND COURTESY NOTICE RELATING TO PAIN CLINICS OR PAIN MANAGEMENT CLINICS On June 9, 2010, the Sebastian City Council enacted Ordinance 10 -03 relating to Pain Clinics and Pain Management Clinics. The Ordinance contains the following relevant provisions: (1) No local business tax receipt shall be issued, duplicated, transferred or renewed for certain pain clinics or pain management clinics as defined herein. (2) No person, firm or corporation shall apply for a City of Sebastian business license, or the duplication, transfer or renewal thereof, for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. (3) No person, firm or corporation shall use a City of Sebastian business license receipt for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. Sec. 30 -84 Definitions, Exceptions. For the purpose of this Ordinance, the following definitions are used: (1) "Pain Clinics" or "Pain Management Clinics" defined. The term Pain Clinics or Pain Management Clinics are defined as privately owned clinics, facilities or offices the primary business purposes of which are to prescribe or dispense pain medication such as opioids including fentanyl, hydrocodone, morphine and oxycodone, or any controlled substance identified in Schedules II, III, and IV of Sections 893.03, 893.05 or 893.0355 of the Florida Statutes, as the same may be amended or renumbered from time to time. (2) Exception. The definition of Pain Clinics or Pain Management Clinics shall specifically exclude clinics, facilities or medical practitioners' offices that: (a) are fully owned by one or more physicians, licensed by the State of Florida and who are board certified in pain management, and (b) where all physicians employed by the practice, who spend the preponderance of their professional time prescribing controlled substances, are also board certified in pain management. Chamber position read into the record by Chuck Mechling: The Chamber supports any effort to encourage business development along the waterfront in the City of Sebastian. The Sebastian City Council should consider the long term vision of the CRA, and should determine how the subject property can be redeveloped as an asset to the community. The Economic Development Plan, originally created by the Chamber led Task Force in 2008, and formally adopted by the City of Sebastian in January, 2009 specifically stated: "While not all businesses qualify as a targeted business, such as retail shops, restaurants, etc., these businesses do contribute to the economic base of the city and should be encouraged and helped to be successful." Economic Development Plan for the City of Sebastian, Florida, May, 2008, adopted Jan, 2009, Section 8 (a). Section 8 of the report also states: "In order to provide support for the existing businesses in our community the City should foster an environment that allows business to operate without encumbrance or interference. A review of the Land Development Code may be helpful in determining the issues currently being encountered by the existing businesses. There have been ongoing discussions about a review process and it is recommended that the city's Planning and Zoning Board facilitate an ongoing review of the Codes. P Z could provide the environs to address complaints and issues now being faced by the business community Recommendations from the Planning and Zoning Board could then be transformed into amended or revised Land Development Codes that would facilitate an improved process for doing business in the City of Sebastian." The proposed parking agreement before the Council is another tool for the city to use in promoting commercial development along the jewel of our city, the Indian River Lagoon. The City's focus should be to create an environment that would provide an opportunity to develop the entire riverfront as a user friendly, pedestrian friendly, eco friendly waterfront district that would provide a multitude of benefits to the residents of the community. The concept of public /private agreements to accomplish these goals is not a unique concept, nor one that does not have precedent in the City of Sebastian, in surrounding communities and throughout the State of Florida. Many communities, faced with the limitations of land use in commercial districts, have proactively entered into these types of agreements to support and encourage commercial development. The Chamber also urges the City Council to review the Economic Development Plan that has been previously approved, and consider the recommendations that were provided through the Economic Development Task Force to review the Land Development Code.