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HomeMy WebLinkAbout092220101. Mayor Gilimor called the regular meeting to order at 6:30 p.m. 2. Seth Goldsmith, Pastor of the Coastal Community Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALF. City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright Staff Present: City Manager, Al Minner City Attomey, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Administrative Services Director, Debra Krueger Building Director, Wayne Eseltine Finance Director, Ken Killgore Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 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. Nnne ar(O HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING INCLUDES FINAL BUDGET HEARING WEDNESDAY, SEPTEMBER 22, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Regular City Council Meeting September 22, 2010 Page Two Brief Announcements Mayor Gilimor announced the MPO received an award for increasing disability ridership on the Go-Line, noting the Sebastian increase was the factor in the MPO receiving the award. 7. CONSENT AGENDA All items on the consent agenda am 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 -15 A. Approval of Minutes 9/8/10 Regular City Council Meeting 17-21 B. Approval of Minutes 9/13/10 Special Council Budget Hearing 10.130 C. Extend Sebastian River Area Little League Use Agreement at Barber Street 23 -30 Sports Complex to Year Round Use (Parks Transmittal, Little League Letter, Amended Lease Agreement) Mr. Hill pulled item C. MOTION by Ms. Coy and SECOND by Mr. Wright to approve consent agenda items A and B passed with a voice vote of 5 -0. Item C Mr. Hill said he was concerned because there is more than one league using the field, and though the leagues say they are working very well, the lease agreement goes out to 2023, and the City doesn't know what will happen in future years. He distributed recommended language adding a new section 4 on circle page 28 (see attached). MOTION by Ms. Coy and SECOND by Mr. Hill to approve item C as amended passed with a voice vote of 5 -0. 8. COMMITTEE REPORTS APPOINTMENTS None. 9. PUBLIC HEARINGS 10.039 A. Final Public Hearing on Millage and FY 2010/2011 Budget (Admin. Services Transmittal, R- 10 -30, Admin. Services Transmittal, R- 10 -31, Admin. Services Transmittal, R- 10-32, Program, Admin. Services Transmittal, R- 10 -38, Policies) i. City Attorney Advises Council on Procedure for Millage /Budget Hearing The City Attorney cited proper procedures to follow under FS 200.065. 2 Regular City Council Meeting September 22, 2010 Page Three ii. City Manager Announcement of Proposed Millaae Rate of 3.3456 Mills Which is 14.26% Lower Than Rolled -Back Rate of 3.9019 Mills and Budget Overview The City Manager announced the proposed milllage rate of 3.3456 mills which is 14.26% lower than the rolled back rate of 3.9019 mills. He said he did not have a formal presentation, there have been no changes since the first hearing, and would respond to questions and comments. iii. Mayor Opens Hearing for Public Comment on Millage, Budget, CIP and Financial Policies Mayor Gilimor opened the public hearing at 6:39 p.m. on the miltage, budget, CIP and financial policies. The City Attorney read titles for Resolution Nos. R- 10 -30, R- 10 -31, R -10-32 and R- 10 -38, and noted public comment applied to all of those items. Joseph Scozzari said in Article B he did not see mention of the employee general trust fund and asked if it goes into special revenue. The City Manager said the trust fund is in the budget and Mr. Scozzari asked how Council can approve it if they don't know it exists. The City Manager said you don't see designation for that, but when the audit is done, you see it. He said technically it is the general fund, so when Council approves the general fund they are approving the revenues for employee benefits. Damien Gilliams asked what the employee trust fund is. The City Manager responded the employee trust fund is a special line to pay for the annual employee banquet, annual chili cook -off and those types of events, and that the money is derived from sales from vending machines and donations. Mr. Gilliams said the reason he asked is because police officers are taking an extra hit by paying out of pocket for health insurance and if there is a trust fund, he did not see why they have to go out of pocket for benefits. Mr. Gilliams said there had been $250,000 allocated for early buy -outs and asked if we had budgeted for future employee buy -outs. The City Manager said those funds are not placed in the budget initially, that he had come to Council separately for an allocation for early buy -outs and said back in July he had submitted a report to Council with a detailed account of the cost and savings from the early buy -out program. Mr. Gilliams suggested we might want to beef up reserves so when we have a disaster the City is in a strong position. iv. Mayor Closes Public Comment Mayor Gilimor closed public comment at 6:50 p.m. 3 Regular City Council Meeting September 22, 2010 Page Four v. City Council Deliberation and Action: 31 -34 a) Adopt Resolution No. R -10 -30 Millage Rate for Calendar Yr 2010 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.3456 MILLS FOR THE CALENDAR YEAR 2010 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attomey once again announced the proposed milllage rate of 3.3456 mills which is 14.26% lower than the rolled back rate of 3.9019 mills. MOTION by Ms. Coy and SECOND by Mr. Hill to adopt Resolution No. R- 10 -30, millage rate for 2010. Roll call vote: AYES: All NAYS: None Passed 5-0 35-43 b) Adopt Resolution No. R -10-31 Budget for Fiscal Year 2010/2011 Roll call vote: AYES: All NAYS: None Passed 5-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Resolution No. R- 10 -31. Mr. Wright reiterated that Council decided not to amend the budget with the building permit shortfall but they are looking to the City Manager to give a better alternative in that area in the near future. 45-66 c) Adopt Resolution No. R -10 -32 Approval of Six -Year Capital Improvement Program for Fiscal Years 2011 -2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2011 -2016; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 4 Regular City Council Meeting September 22, 2010 Page Five MOTION by Ms. Coy and SECOND by Mayor Gillmor to adopt Resolution No. R- 10 -32. Mr. Wolff said he will not be supporting the CIP plan due to his concern for insufficient funding to improve City roads which he said were a major part of the City's infrastructure; the $200,000 to improve the old Hurricane Harbor Working Waterfront building; and the $75,000 to build a toilet for the dog park, which he said could be instead a modem port-a -potty. Mr. Wright said most of Council's focus in the CIP was for the next 1' years not the long term; cited calls from residents regarding the Schumann Lake and Hardee Lake retaining walls which may need to be addressed; said he appreciated Mr. Wolff's concerns about City infrastructure needs, and also has a real concern about roads, that we need to be careful how we spend money because infrastructure needs will be there and we cannot predict needs long- term. Mayor Gillmor agreed with Mr. Wolff on some of his issues, said he had real concerns with roads, but the CIP is a moving target, and each year we look at it and it can be changed. He said if the $75,000 was just for the restroom it would be exorbitant but it is paying for all improvements to the park. Roll call vote: AYES: Wright, Gillmor, Hill, Coy NAYS: Wolff Passed 4 -1 67 -79 d) Adopt Resolution No, R -10 -38 Readopting Amended Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT A PROVIDING FOR CONFLICTS; AND PROVDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Hill to adopt Resolution No. R- 10 -38. Mr. Wright asked why operating contingency and special contingency accounts were suspended for 2010/2011 on page 69, section 2. In response, Mr. Wolff said page 67 summarized it. Mayor Gillmor asked if this represented equipment we are not buying. The Finance Director explained that the policies require that funding to be based on the income received in general fund—how much the revenues exceeding expenses; and that hadn't been the case noting there has not been a gain to contribute to create the capital replacement account. Mr. Wright said he would like some follow-up with numbers so he can see where and why we are not complying with those requirements. The Finance Director said he would provide a report. 5 Regular City Council Meeting September 22, 2010 Page Six Mr. Wolff asked if that was the operating contingency fund, as well as the capital fund and if both are being suspended The Finance Director said both are being suspended, with our tight budget staff tightened up all accounts. Roll call vote: AYES: All NAYS: None Passed 5 -0 10.107 B. Second Reading and Public Hearing of Ordinance No. 0 -10-05 CRA Parking 81 -91 (Growth Management Transmittal, 0- 10 -05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54 -3-15 REGARDING PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 Reading 9/8/10,PJ 9/3/10) The City Attorney read Ordinance No. 0-10 -05 by title and Mayor Gillmor opened the public hearing at 7:07 p.m. Public Comment Joe Scozzari asked if this is part of the parking code changes to accommodate Mulligan's restaurant and asked what changes will happen. The City Manager said it is fair the catalyst was Flagship Marina and Council's direction to provide a more user friendly code available to everybody. He said the result will be threefold: increase offsite allowance up to 50%, increased distance from 300 feet to 500 feet, and waive parking requirements up to 30 spaces if the developer pays a fee, which will be addressed later when Mulligan's enters into an agreement to implement the parking in- lieu -of fund created by the ordinance. He said it will affect all of the Commercial Riverfront and Commercial Waterfront zoning districts from U.S. 1 to Indian River Drive's north City limit to the south City limit. Mr. Scozzari asked how we can charge Mulligan's for parking when we have said in the past we can't charge where grant funds were spent. The City Manager said it is easy to confuse an agreement for exclusive use with a waiver; which is what is being created by this ordinance, we are creating a waiver, this is not a parking agreement and does not affect grant covenants, and it will be available to anyone in the district. Mr. Scozzari said we should not be charging money to people to increase economic development. 6 Regular City Council Meeting September 22, 2010 Page Seven Damien Gilliams, 1623 U.S. Hwy 1, cited page 89 stating it requires an agreement and it is not just a waiver. He said he used to own the property, his tenant was never offered an agreement, they needed parking and this Council denied him and made him go to a private property owner across the street, his tenant was blackmailed and it cost Mr. Gil lams the tenant and the loss of the property for the time being. He said the City is utilizing property purchased with grant money, and it has been stated the City couldn't charge people in the past because of the grant. Public comment closed at 7:15 pm. MOTION by Ms. Coy and SECOND by Mr. Hill to enact Ordinance No. 0- 10 -05. Mr. Wolff said he thought the parking in- lieu -of fund was a good idea but did not understand the mechanics of it, and noted this money could be on an eight year loan, and his thinking was that it would be readily available. The City Manager advised him if he was for the policy change, then vote for the ordinance; but if he did not believe there should be a time period, he should encourage his colleagues to strike that language or vote no. The City Attorney clarified that the payment over time is contained in the last document which is the contract between the City, the bank, and the operator of Mulligan's, and is not in the ordinance. He said if Council wished to prohibit payments or put restrictions on them they could add that language to the ordinance. He clarified right now the ordinance does not prohibit payment over time. Mr. Wolff said he was not against the payment, but would like to discuss reasonable time and deposit. The City Attorney said Council has two opportunities to deal with the time issue, Council could leave the language as is, noting they have a specific time for 30 spaces for the Mulligan's agreement and they could change other agreements if they are dealing with 1 or even 2 -5 spaces; but if they are ready to deal with a consistent time for everybody they could address the time issue in the ordinance. Mr. Wright clarified the ordinance was silent on how Council wants Mulligan's to pay for the spaces. The City Manager said that was correct, the ordinance provides for flexibility on a case- by -case basis. Ms. Coy said perhaps the ordinance should not be silent but should have language that says on a case -by -case basis. Mr. Wolff asked if it be prudent to put something in "at discretion of City." The City Attorney said he had no difficulty with a sentence that would address the case -by -case basis, but there is no magic on how it is applied for, and it could be different for each applicant. He said the ordinance already provides for that by its silence and each application would be negotiated and come to Council for approval. Mr. Wright asked if adding new language would require the ordinance to go back to the Planning and Zoning Commission. 7 Regular City Council Meeting September 22, 2010 Page Eight The City Attomey advised Council could make amendments here, but there is a line where they go beyond what they've advertised to the public, and this would not cross that line. Mr. Hill said he was not sure it was necessary to make that change but if it was the will of Council, he would support it. Mayor Gilimor concurred and asked if they could change the language down the road. The City Attorney they could amend it down the road, if it was found to be necessary or unmanageable. Roll call vote: AYES: All NAYS: None Passed 5 -0 7:32 p.m. 10.131 C. First Reading and Transmittal Hearing 0 -10-06 Economic Development 93-120 Element of the Comprehensive Plan 2" Hearing to be Scheduled Upon Return from Department of Communitv Affairs (GMD Transmittal, 0- 10-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN TO PROVIDE AN ECONOMIC DEVELOPMENT ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ 9/7/10) The City Attorney read Ordinance No. 0 -10 -06 by title and the Growth Management Director said this is a new chapter in the comp plan noting the consultant was available for any questions. Brandon Schaad, Outlier Planning, said this is a new element which ensured the City's economic policies are consistent with other elements in the comp plan and it will go to the Department of Community Affairs (DCA) for comments and return to Council for final approval. Public Comment Damien Gilliams noted that most of the research analysis was done at the County level, and hoped Council read through it to make sure it will help the City and not the County. Mr. Wright responded that the plan was set up to incorporate the ideas used in the revised County's economic development plan to benefit the City. Ms. Coy noted some of the County's language came from the City's adopted Economic Development Plan passed last year. Mayor Gilimor said this stands on the shoulders of the Patterson Bach plan and Mr. Wolff commended Outlier for its accessibility. MOTION by Mr. Wright and SECOND by Mr. Hill to approve Ordinance 0 -10 -06 and transmit it to DCA. Roll call vote: AYES: All NAYS: None Passed 5-0 8 Regular City Council Meeting September 22, 2010 Page Nine 10. UNFINISHED BUSINESS None Mayor Gilimor called for a recess at 7:41 p.m. and reconvened the meeting at 7:55 p.m. All members were present. 11. PUBLIC INPUT (See procedures on back of agenda) Frank Bilotta, South Easy Street, thanked Council for the resolution requesting lifeguards be kept at Treasure Shores Beach which was delivered personally by Mayor Gilimor with an impassioned plea even though the County did not support funding the lifeguards. Joe McManus, 13450 77 Street, Indian River County, echoed the words of Mr. Bilotta, noted he has been a lifeguard since 1974, saved many lives, and he thanked Council from the bottom of his heart. 12. NEW BUSINESS 10.132 A. Resolution No. R -10-33 PBA Bargaining Agreement (Admin. Services 121 -167 Transmittal, R- 10-33, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -33 by title. The City Manager briefly outlined provisions and recommended ratification. MOTION by Mr. Hill and SECOND by Mr. Wright to move approval of Resolution No. R- 10 -33. Damien Gilliams said we have an event at the park that brings in revenues, and city workers are out hustling there, yet we can't find revenues so employees have to pay insurance out of their own pockets, suggesting finding revenues from other sources, and suggested a citizens academy. Joe Scozzari, Sebastian agreed it was a shame that the money couldn't be found for the Police Officers. He suggested working out deals with vendors to increase the general revenue fund. Mayor Gilimor asked if the City has ever looked into an agreement with stores such as Home Depot. The City Manager said he would defer to the purchasing manual, noting employees are required to check and compare prices. Discussion followed on the pros and cons of exclusive agreements. Mr. Wright said Alpha Ace Hardware would like an agreement with the City. The City Manager said he would have Public Works look into agreements. 9 Regular City Council Meeting September 22, 2010 Page Ten Mr. Wolff asked if the Police Officers are subject to the furlough days. The City Manager said they are rotated differently than management and PEA Union staff to keep coverage. In response to his question if the $25.00 health contribution was a savings to the City, the City Manager explained that was negotiated down from $50.00 so it was not a savings. Roll call vote: AYES: All NAYS: None Passed 5-0 10.133 B. Resolution No. R -10 -34 PEA Bargaining Agreement (Admin. Services 169 -217 Transmittal, R- 10-34. Agreement) Roll call vote: AYES: All NAYS: None Passed 5-0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARDGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8:12 p.m. The City Attorney read Resolution No. R -10-34 by title. The City Manager said this resolution authorized acceptance of the PEA agreement, there was some minor language changes, and staff recommended acceptance of the one -year contract. MOTION by Mr. Wright and SECOND by Mr. Hill to approve Resolution No. R- 10-34. Damien Giliiams, Sebastian, said this agreement was for employees on the front line and it's sad that the City cannot find a way to give an incentive to the supervisors that find ways to cut their budget and suggested adding this to the contract. 10.134 C. Resolution No. R -10-35 Adoption of Fees for Parking in lieu of Fund Program 219 -229 (GMD Transmittal. R- 10-35. Calculation) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING A PARKING IN LIEU OF PROGRAM RATE OF $3,200 PER SPACE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -35 by title. The City Manager said staff tried to come up with a reasonable, justifiable amount for parking, and that they left out the time span but thought Council would discuss that on a case -by -case basis. Mr. Wolff asked if we were precluded from installing parking meters in the future and the City Manager said no. Mr. Wright said the value will change and suggested including a valuation date. The City Manager said the cost can be accelerated that by inclusion of a CPI in the resolution, but because there is no specific time in the resolution, it allows for flexibility. 10 Regular City Council Meeting September 22, 2010 Page Eleven In response to Mr. Wolff's question as to once a site plan qualifies for the waiver, does that stand in perpetuity when the property is sold, the City Manager said the payments would be liened against the property. He said staff tried to protect the interests of the City, yet not make the cost unaffordable or unattractive. The City Attorney said yes, the covenant would run with the land and as long as they are current with their payments, they have the spaces allocated to the property. Mr. Wolff said one of the difficulties when you assign a number is the mechanics of how you are paying for it; for example you want to make price not too onerous but if you allow a payment plan then it becomes $1.25 a day for a 24 -hour period, so as a business owner, I would grab as many as possible, it doesn't help with goal of funding other parking because in ten years time you won't be able to buy the land for more spaces. Mr. Hill agreed, this was a way to make it reasonable; he asked if someone had to get the money today, what would it cost them to take the mortgage over 30 years, the fact that we are even looking at this is because businesses are struggling, do we become the mortgage holders. He said Council has to look at all of the issues going forward. MOTION by Mayor Gillmor and SECOND by Ms. Coy to move approval of R- 10 -35. Joe Scozzari asked if Council had taken into what happens if the business fails. The City Attorney said in most cases, when there is a bankruptcy involved, the City wouldn't be collecting funds. Mr. Wolff said that begs to the question if the City should take a deposit. Mayor Gillmor added the new owner would want to enter into another agreement so the City won't lose. The City Attorney added that the City can also get the benefit of paying for new spots over time, with bond money. John Tenerowicz, 310 S. Wimbrow, asked exactly where the 30 spaces were located. The City Manager said there's no designation, simply a waiver for up to 30 spots. Damien Gilliams, 1623 US Highway 1, said if he redoes his own site plan, purchases 30 spots, does he have to have the site plan passed right away. Mr. Wright said that would have to be negotiated with Growth Management Department. Mr. Gilliams said he would want the same 3.5% financing rate and asked if he could apply. Mayor Gillmor said he could. Roll call vote: AYES: All NAYS: None Passed 5-0 10.135 D. Resolution No. R -10 -36 Nullify Resolution No. R -97 -27 Special Use Permit for 231 -237 806 Indian River Drive (GMD Transmittal, R- 10-36, R- 97 -27) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION R -97.27 CONCERNING OUTDOOR SEATING AT A RESTAURANT AT 806 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. 11 Regular City Council Meeting September 22, 2010 Page Twelve The City Attorney read Resolution No. R -10 -36 by title. The City Manager said essentially items D and E go together, referring to the site at 806 Indian River Drive, he said R -97 -37 allowed the site to be developed in a non conforming way and if the City moves forward with item E, Council will have to remove the existing resolution. Mr. Wolff said he understood the new classification refers to square footage but said the prospective buyer talks about seats to the media and the liquor license talks about seats, so how are we to understand what is going in there. The City Manager said there are two things that dictate occupancy: building size and what the Fire Department allows. He said you must provide parking for what you have going on in the facility. Under R -97- 27 there were three specific operations, restaurant, marina, and upstairs residence and each had its own parking requirements and parking was deficient, now the code has been changed using square footage but the Fire Department will regulate the body count, the City will measure the square footage of the service area. He noted P Z will address the site plan tomorrow night. MOTION by Mr. Wright and SECOND by Mr. Hill to rescind R -97 -27 and approve R- 10 -36. Public Comment Damien Gilliams, previous owner of the property, said this Council should be ashamed of themselves, and the Growth Management Department was despicable for what they put his family through pertaining to the requirements of the code and for this Council to sit in silence was a disgrace, noting now with a new owner they open up the doors. Mr. Wright called for a point of order, noting he is not discussing the resolution. Mr. Gilliams said this was selective, he has been here for 10 years, and Council treat everyone fairly. Mr. Wright again called a point of order, and Mr. Gilliams said he did not want this to happen to anyone else in the community. Joe Scozzari, Sebastian, said if Council really wants to jumpstart the economy, they shouldn't charge anyone, but open the doors to the City. Ben Hacker, Sebastian, said it's the cost of doing business, take the payment upfront, and put the funds back to use tomorrow. He said if a business fails do they think that loan balance will make any difference and asked how you calculate parking for a liquor license. Mayor Gillmor said it is calculated by square footage. Mr. Hocker said if six people are to meet, it will be three cars, how will Council handle the parking during rental of the Yacht Club. Mayor Gillmor said the Yacht Club has public parking. Mr. Hocker urged Council to collect money up front to build more parking. Roll call vote: AYES: All NAYS: None Passed 5 -0 12 Regular City Council Meeting September 22, 2010 Page Thirteen 10.136 E. Resolution No. R -10 -37 Parking Agreement for 806 Indian River Drive (GMD 239 -250 Transmittal, Ex A Amortization Chart, R -10-37 with Attachment A) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH THE LAND, FOR MULLI +GAN'S BAR AND GRILL LOCATED AT 806 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -37 by title. The City Manager said Council has created a parking -in- lieu -of fund to waive parking, Mr. Hart wishes to take advantage of the program and this resolution will allow him to pay the City $98,000 to receive a waiver of 30 spaces; and staff recommended adoption and entering into an agreement. MOTION by Ms. Coy and SECOND by Mr. Hill to approve R- 10-37. There was no public comment. Mr. Wolff said getting back to the mechanics, he would think there would be an incentive to pay it off early, it seems there is no sense of urgency with this as it comes down to $1.25 day, he wasn't looking for punitive circumstances to stop the business, but the City will have to wait eight years to get this money. Mr. Hill said he had a similar thought, originally they talked about leasing parking spots at $1,000 a month for the whole requirement, the agreement doesn't make it right but it does get some monies in. He said he liked the way this is structured, not too punitive, the City will be doing a parking study, this is positive and hopefully Council can pass this and move forward. Ms. Coy said the City is anxious to get someone there and stimulate the property, it's a good deal, it is the right thing for the City to do now because we want business to be successful and this is a way to help. Mayor Gillmor said they are giving $1,000 -1,100 a month to the City that we don't have, Council has a vision to put in some parking, and this is great thing. Mr. Wright said this is money that the City is really borrowing from itself to achieve the goal of more parking; and the City is getting paid for infrastructure that already exists. Mayor Gillmor said the first night Mulligan's plans to donate the proceeds to charity which could be $3,000 -4,000 such as a sports team at SRHS. Roll call vote: AYES: All NAYS: None Passed 5 -0 13. CITY ATTORNEY MATTERS The City Attorney remarked the City has an interesting approach to contracts, citing the contact that just passed, noting it is not signed by anybody as yet, whereby in Dade 13 Regular City Council Meeting September 22, 2010 Page Fourteen County, his former staff never agendized anything that wasn't signed by the other party so when the Commission approved it, they knew it was to be a contract. He did not request direction from Council but suggested they may want to change the way they approach contracts. 14. C1TY MANAGER MATTERS none. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Vice Mavor Jim Hill none. B. Council Member Andrea Coy none. C. Council Member Eugene Wolff In regard to the City Attorney's comments, Mr. Wolff said it was an interesting way to look at things as once someone has signed a contract, in their mind it is done deal; but he could see both sides. He extended warm wishes to Oculina Bank and Mulligan's Restaurant. D. Council Member Don Wright Mr. Wright said there is funding from Coastal Partnership for removal of invasive species and he thought the Natural Resources group could look at this to improve our coastal community. E. Mavor Richard Gillmor none. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 9:09 p.m. Approved at the October 13 2010 regular City Council meeting. Richard H. Gillmor, Mayor ATTEST: )34 Sally A. M. o, MMC City Clerk 14 TO: Members of City Council FROM: Jim Hill, Vice -Mayor RE: Proposed Modification to Little League Use Agreement DATE: Wednesday, September 22, 2010 Proposed modification to ensure community use of facilities between the months of August November. Language underlined denotes the modification. IV. CITY USE DURING TIME OF USE RIGHTS Between the months of December 1 July 31, LITTLE LEAGUE shall have use of the Premises as stated herein; however, if it does not interfere with a scheduling, upon fifteen (15) days written notice, CITY shall be entitled to use of the facilities on a short -term basis for special events. Between the months of August 1 November 30, LITTLE LEAGUE shall be permitted use of the Premises as stated herein; however, the CITY reserves the right to schedule the fields for other leagues and special events as deemed appropriate by the CITY. If scheduling conflicts arise between the months of August 1 November 30, the CITY shall have final authority to arrange use and scheduling of the Premises.