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HomeMy WebLinkAbout12152010City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff None. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 15, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill 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 led by Council Member Coy. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Ken Killgore Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Park Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith 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. 10.017 A. Certificate of Appreciation to Ken Grudens Natural Resources Board Service Mayor Hill presented the certificate to Mr. Grudens and thanked him for his service. Regular City Council Meeting December 15, 2010 Page Two Brief Announcements Mayor Hill announced that Powerline Road Project plans were on the back table for review. 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 -18 A. Approval of Minutes 12/1/10 Regular Meeting 10.085 B. Approve Masteller Moler Change Order 5 for Powerline Road Engineering 19 -23 Services in the Amount of $920 for Gopher Tortoise Permit Resubmittal (City Manager Transmittal, Change Order) 10.160 C. Award Bid to D -CO Marketing in the Amount of $49,860 for TV Automation 25 -63 Equipment and B &H Photo for TV Camera /Production Equipment in the Amount of $24,640.12— Audio Visual Broadcast Equipment (MIS Transmittal, Bid Results, Bid Specs) 10.010 D. Pelican Island Wildlife Festival March 19, 2011 Approve Beer and Wine 65-69 Sales in Designated Areas from 10 am to 5 pm Approve Street Closings as Requested (Sebastian Blvd east of Hess to Indian River Drive and Indian River Drive from Coolidge Street South to southern end of South Parking Lot from 6 am to 7 pm Restrict Use of North Side of Yacht Club Boat Ramp from 10 am to 5 pm Approve Mooring of PIPS Pontoon Boat Overnight at Yacht Club Ramp (Parks Transmittal, PIPS Letter) 10.161 E. Approve Alcoholic Beverage Use at Yacht Club for Jeck Family Christmas Party 71 -74 12/26/10 5 pm to 9 pm (Parks Transmittal, Receipt, Application) 10.162 F. Authorize 2011 Stormwater Master Plan Update Proposal by Neel- Schaffer, Inc. 75 -97 in the Amount of $27,500 (City Manager Transmittal, Work Authorization, Proposal) 10.048 G. Authorize the Mayor to Sign a Letter of Transmittal to the Department of 99 -103 Community Affairs providing a Corrected Page Four of the City's Evaluation and Appraisal Report Adopted October 13, 2010 (GMD Transmittal, Incorrect Corrected Page Four, Population Projection) Mr. Wolff removed item C. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items A, B, D, E, F and G. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 2 Regular City Council Meeting December 15, 2010 Page Three Item C Mr. Wolff noted that this item is to award a bid of $75,000 to purchase equipment for television production available for the City, was aware that the DST expenditure was approved in the CIP budget but with the current economy, he objected to spending $75,000 because there is no public mandate for it, and that it is more a want than a need. He said that electronic equipment is obsolete as soon as purchased, less people are turning to conventional television, and suggested that perhaps we could coordinate with the Sebastian River High production unit. He said he wondered who would operate the system, then noted the Budget Committee Chairman, in his resume and application for that committee, mentions years in television production and asked if it was he who was recommending this. Mr. Wolff said it is nice that he volunteers but it is a substantial investment and it doesn't sit right, and people would say to use the funds in other areas. MOTION by Mr. Wolff to remove this item from consent and remove it from the CIP and redistribute money as seen fit by the City Manager. Motion died for lack of a second. Mr. Wright said the rationale for this expenditure includes the creation of a sense of community by providing more information on television and the web, and increasing community involvement by providing up to date information. He further stated that it would stimulate economic development, give us the ability to produce our own programming, and promote positive events in the city, such as the Clambake, Christmas parade, and other events. He said the Channel 25 listing will now say "City of Sebastian channel and said this has been through CIP and is a positive project for the City. Ms. Coy said she is amazed at how many people watch Channel 25, and said at one time we had a staff member who filmed City events and his leaving was a big loss for the community. She said she was happy to support this project. Mr. Gillmor said we have an asset which is Channel 25 but it is underutilized, that there is power in television but putting up a scroll defeats the purpose. He cited the event videos that used to run on Channel 25, and said when we take a break in a meeting, instead of a blank screen, we can show commercials. He said in talking with the previous Mayor of Port St. Lucie, a survey showed 65% of people watch their government channel. Mayor Hill said there have been good comments on both sides and agreed with Mr. Wolff that the times are extraordinary. Mr. Wolff said no one really addressed the duplication of services and seeking more cooperation with what is available, again recommending cooperation with the production studio at Sebastian River High School. He said without seeing the survey mentioned it isn't valuable, reiterated that technical equipment soon becomes obsolete, and noted he did not have the vote but felt it necessary to comment. MOTION by Ms. Coy and SECOND by Mr. Wright to approve item C. Result of Roll Call: Ayes: Coy, Gillmor, Wright Nays: Hill, Wolff Passed 3 -2 3 Regular City Council Meeting December 15, 2010 Page Four Damien Gilliams requested to speak, however, Mayor Hill said Council had disposed of this item and was moving on. 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. 10.148 A. Budget Review Advisory Committee 105 -132 (City Clerk Transmittal, Ad, Current Member List, Code Provision, Applications) Council Members Announce Five Individual Appointees ii. Interview, Unless Waived and Appoint Two At -Large Members for One Year Terms The City Clerk noted that in accordance with the general code on City Committees any committee can have up to two alternates. (In reviewing the Code, it states that each Committee shall have one alternate and can have up to two alternates) Each member stated the name of their appointee for the record. Mayor Hill reappointed Jerry Klenck for 2010 -2012. Vice Mayor Wright appointed Harry Marshall last year for 2009 -2011 and he will continue. Ms. Coy appointed Adrina Davis last year for 2009 -2011 and he will continue. Mr. Gillmor appointed William Flaherty for 2010 -2012. Mr. Wolff appointed Brad White last year for 2009 -2011 and he will continue. At Large The City Clerk noted that Mr. Alvarez could not attend tonight but was interested in a position. City Council interviewed Ed Herlihy who said he would like to continue on the committee, having served as Chairman for two years. Mr. Wolff asked him if there was a conflict of interest for him on the committee, when we budget money for television equipment, and Mr. Herlihy responded no. Mr. Wolff asked if there was a conflict with his Political Committee and Mr. Herlihy responded no. Mr. Wolff asked whether his political blogs on TC Palm have any influence on the budget committee and Mr. Herlihy said he did not know what Mr. Wolff was talking about. Mayor Hill requested that we keep this civil and not question character. Mr. Herlihy said there is such a thing as freedom of speech. City Council interviewed Christine Vicars who said she was a resident, had been on the committee two years, and was hoping to continue. She said the Committee acts as liaison between the public and the City Manager. Mayor Hill called for nominations. Ms. Coy nominated Ed Herlihy. Mr. Wright nominated Ms. Vicars. Mr. Wolff nominated Mr. Alvarez. 4 Regular City Council Meeting December 15, 2010 Page Five The City Clerk said she would call a roll for each position separately. Ms. Coy Ed Herlihy Mr. Gillmor Ed Herlihy Mr. Wolff Albert Alvarez Mayor Hill Ed Herlihy Mr. Wright Ed Herlihy Ed Herlihy was appointed to the first at -large position. The City Clerk called the roll on the second position using the same nominations. Mr. Gillmor Christine Vicars Mr. Wolff Christine Vicars Mayor Hill Christine Vicars Mr. Wright Christine Vicars Ms. Coy Christine Vicars Christine Vicars was appointed to the second at -large position. MOTION by Mr. Gillmor and SECOND by Ms. Coy to appoint Mr. Alvarez as alternate member passed on a voice vote of 5 -0. 10.149 B. Charter Review Committee 133 -157 (City Clerk Transmittal, Applications) Council Members Announce Ten Individual Appointees ii. Interview, Unless Waived and Appoint Five At -Large Members The City Clerk noted the revised transmittal that had been provided to Council and announced that applicants Albert Alvarez, Dan Dragonetti, Janet Kennedy and Donna Keys were unable to attend but were interested in committee positions. She also noted that Mr. Wolff can appoint from the at -large list. Each member of City Council announced their appointees. Mayor Hill Bob McPartlan and Jeanne Hill Vice Mayor Wright Bob Daberkow and Ruth Sullivan Council Member Coy Adrina Davis and Louise Kautenberg Council Member Gillmor John Danise and Ed Dodd Council Member Wolff Carolyn Sartain Anderson and Linda DeSanctis At Large Need Five City Council interviewed Mary McGee and Robert Zomok. Mr. Wright asked for clarification on what boards Mr. Alvarez can serve. The City Clerk said the Budget Committee and Charter Review are treated as temporary boards and as a member of the permanent Natural Resources Board he could serve on both of them as well as Natural Resources. 5 Regular City Council Meeting December 15, 2010 Page Six Mayor Hill called for nominations for the first of five at -large positions. Mr. Gillmor Dan Dragonetti Ms. Coy Mary McGee Mr. Wright Robert Zomok Roll call Mr. Wolff Mary McGee Mayor Hill Mary McGee Mr. Wright Mary McGee Ms. Coy Mary McGee Mr. Gillmor Mary McGee Mary McGee was appointed to first at -large position. Mayor Hill called for nominations for the second of five at -large positions. Mayor Hill Donna Keys Mr. Gillmor Dan Dragonetti Mr. Wolff Janet Kennedy Roll call Mayor Hill Donna Keys Mr. Wright Donna Keys Ms. Coy Donna Keys Mr. Gillmor Donna Keys Mr. Wolff Donna Keys Donna Keys was appointed to second at -large position. Mayor Hill called for nominations for the third of five at -large positions. Mayor Hill Janet Kennedy Ms. Coy Dan Dragonetti Roll call Mr. Wright Dan Dragonetti Ms. Coy Dan Dragonetti Mr. Gillmor Dan Dragonetti Mr. Wolff Dan Dragonetti Mayor Hill Dan Dragonetti Dan Dragonetti was appointed to third at -large position. Mayor Hill called for nominations for the fourth of five at -large positions. Mayor Hill Janet Kennedy Mr. Wright Robert Zomok Roll call Ms. Coy Robert Zomok Mr. Gillmor Robert Zomok Mr. Wolff Robert Zomok Mayor Hill Robert Zomok Mr. Wright Robert Zomok Robert Zomok was appointed to fourth at -large position. 6 Regular City Council Meeting December 15, 2010 Page Seven Mayor Hill called for nominations for the fifth of five at -larqe positions Mayor Hill Janet Kennedy There were no other nominations. Janet Kennedy was appointed to the fifth at -large position. The City Clerk said she had spoken to the City Attorney and had prepared an agenda packet for a scheduled January 3, 2011 Charter Review Committee organizational meeting. She then distributed packets to those appointed members who were in attendance. 9. PUBLIC HEARINGS 10.039 A. Ordinance No. 0 -10 -07 Capital Improvement Element of Comprehensive Land 159 -207 Use Plan (GMD Transmittal, 0- 10 -07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 Reading 10/27/10, Postponed to 11/17/10 for Revision, 1 reading 11/17/10, Advertised 11/30/10, PH 12/15/10) Mayor Hill opened the public hearing at 7:07 p.m. and the City Attorney read Ordinance No. 0 -10 -07 by title. The City Manager stated all changes suggested by City Council have been included in the revision and recommended approval. MOTION by Mr. Gilimor and SECOND by Mr. Wright to adopt Ordinance No. 0- 10 -07. Mayor Hill called for public input. Damien Gilliams said City Council needs to follow its own procedural guidelines. Mr. Wright called a point of order stating this seems to be off topic. Mayor Hill agreed and told Mr. Gilliams to stay on point. Mr. Gilliams continued asking about procedure and Ms. Coy called a point of order. Mr. Gilliams left the podium. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 10.150 B. Ordinance No. 0 10 08 Aquifer Recharge LDC (GMD Transmittal, 0- 10 -08) 209 -213 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 54 -3 -11.3 AQUIFER RECHARGE PROTECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 reading 11/17/10, Advertised 11/30/10, PH 12/15/10) 7 Regular City Council Meeting December 15, 2010 Page Eight Mayor Hill opened the public hearing at 7:11 p.m. and the City Attorney read Ordinance No. 0 -10 -08 by title. The City Manager said this was done in an effort to find provisions that hindered development to a certain extent, that P Z has recommended adoption, and reiterated this seeks to change language that permits a little more construction where the aquifer is located essentially along the US 1 corridor. MOTION by Mr. Wright and SECOND by Mr. Wolff to adopt Ordinance No. 0- 10 -08. Mayor Hill called for public input. Kathleen Egan, Columbus Street, objected to the ordinance. Jim Bitter, Kimley Horn and Associates, said he had been asked to address this by Mickey Capp, noting about six months ago they looked at developing a restaurant and found these provisions to be restrictive and a burden to develop on US1, noting other agencies regulate aquifer recharge. Damien Gilliams questioned cutting regulations to help development to create jobs, citing page 212, in a town that doesn't have commercial recycling and we continue to pollute. Ms. Coy called a point of order and asked that he stay on topic. Mr. Gilliams said he is an advocate of recycling and again Ms. Coy called a point of order. Mr. Wolff asked him to get to the point and Mr. Gilliams said the City Manager says he's working on commercial recycling. Mr. Wright called a point of order and said the topic is the aquifer and not cardboard recycling, and asked him to stick to aquifer recharge. Mr. Gilliams said when you take your recyclables to the landfill, doesn't that affect the aquifer. Mayor Hill said it did not. Mr. Wright said Council reviewed this in detail at a previous meeting, restrictions were above and beyond what St. Johns River Water Management District (SJRWMD) regulates, and a review was conducted to ensure this was in compliance with the latest science to make certain it didn't have any adverse affect on the water supply, and thought the detailed research was done very well. Mayor Hill said it was interesting that we are more restrictive than SJRWMD. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 8 Regular City Council Meeting December 15, 2010 Page Nine 10.141 C. Resolution No. R -10 -41 Community Development Block Grant (CDBG) (GMD 215 -272 Transmittal, R- 10 -41, Letter, Map, Plans) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2010 -2014 FIVE YEAR CONSOLIDATED PLAN, 2010 ANNUAL ACTION PLAN AND AN APPLICATION FOR CDBG FUNDING FOR FY2010 (SF 424); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (10/13/10 tabled, 10/17/10 revision of funding, Advertised 11/23/10, PH 12/15/10) Mayor Hill opened the public hearing at 7:23 p.m. and the City Attorney read Resolution No. R -10 -41 by title. The City Manager said at the last hearing we discussed where to spend our entitlement money as defined by HUD regulations, then on October 13, Council directed we split funding and in researching this, staff tried to identify how to spend money for veterans programs. He said they contacted Indian River County and they would be willing to accept the funding and use it for veterans in Sebastian for home rehabilitation. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R- 10 -41. Mayor Hill called for public input. Damien Gilliams, 1623 US Highway 1, said Council was taking $75,000 away from veterans for a lift station, and they should be charging the organizations that use taxpayer money to hold all the events in the park for the lift station. He said he hoped Mr. Wolff would write a letter that the vets' money is going down the toilet, and he'll be looking for a copy. He said everyone is making a profit but the taxpayers. Ms. Coy responded that Veterans groups have been recipients of Clambake funds numerous times, this past year the American Legion and VFW received funds so we aren't leaving the vets behind in our city or at our festivals. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 10. UNFINISHED BUSINESS 10.085 A. Update on Powerline Road Proiect by Masteller and Moler Council Direction 273 -279 (City Manager Transmittal, Maps) The City Manager said he wanted to get direction from Council whether to move forward on this project, which will connect CR512 to Main Street, the catalyst for the project being Ashbury Subdivision where an escrow account was set up by the developer to help pay for the road improvement. He stressed the importance of connectivity and taking traffic off of local streets, most notably Barber, and we have here is an area of property that is earmarked for a road, not using arterial streets. He said Indian River County MPO Director, Phil Matson who will provide map modeling to explain the need. 9 Regular City Council Meeting December 15, 2010 Page Ten Mr. Matson, IRC MPO Director, described the Metropolitan Planning Organization (MPO) and gave a power point presentation on road modeling which demonstrated the importance of Powerline Road in taking traffic off of other arterials (see presentation attached to minutes). Mr. Gillmor said it was interesting it shows a reduction on US1, and important for the public to know in the MPO process, connectivity is important and is one reason the State has said we won't have to six -lane US 1. Mr. Wright noted that with the anticipated drop in traffic levels for roads such as Barber and Fleming, is it correct to say that future traffic on these roads will stay much the same as it is today. Mr. Matson said things will stay the same or get better. The City Manager briefly described the bid and construction schedule as set out in the agenda transmittal. Steve Moler, PE, Vice President, Masteller and Moler, said their task was to develop construction drawings and obtain permits, noting they must still obtain a gopher tortoise permit just prior to construction. He said they have worked with the City Manager who worked with the School Board which dedicated the triangular piece of land to be used as an entrance to the school and will be part of the stormwater system for this project. John Boyer, Masteller and Moler, described the project layout with a brief power point presentation. In response to Ms. Coy, Steve Moler said part of the property from the School Board will be used from drainage, however, quite a bit of vegetation will be left and only melalueca will be cleared. Mr. Boyer said the only restrictions imposed by the School Board were that it be dedicated to public right -of -way, noting an acre in the triangle will not be disturbed. In response to Mr. Wolff, Mr. Boyer said there should be no impact to the existing condition of already improved Powerline Road and the project will run north to south. He said if equipment tears up the road, the contractor will have to fix it. He said the ditch is approximately 40 feet from the edge of the roadway with curb so he did not anticipate cars getting into the ditch. The City Manager said he thought we had a quality design and recommended moving forward to let the bid. Mayor Hill called for public input. Bill Fraser, Columbus Street, objected, stating the road will be in his backyard, said he did not believe the data supported the project, and they will destroy his property all to make things move smoother, it is a disservice to him, and his property value will be destroyed. 10 Regular City Council Meeting December 15, 2010 Page Eleven Cathleen Egan, corner of Orange Street, Columbus Street, objected, expressed her concern for splashing, noise, noted that behind her house is a holding pond, said the area is not wide enough for a two lane road, and if they did a one lane road they could allocate it to kids for a bikepath with exercise stations. She said the area is now used for fishing, biking, hiking, and walking, is filled with wild birds and animals and her quality of life and her neighbors lives will be destroyed. She said she was born in Florida, moved here 6 1 /2 years ago and this is one of the last hold outs and we should keep it this way. Teresa Rockwood, Columbus Street, objected, asked if money would be better spent on other arterial roads, said this will increase traffic, and said she would like to see hard core data used and put into a different model. She said she knows the money is in escrow but there has been a push to spend this money and knows there is a better plan to spend this money. She said she would like to see a needs assessment done, that there is a small sliver of protected land left and questioned the priority. Steve Rockwood Columbus Street, objected to the project based on public safety issues for children exiting that school, asked if someone could look at whether there is room for two way traffic on the narrow easement. He asked if a map of Sebastian could be put on the overhead to show Orange and Columbus. He said he did not understand the modeling that was provided. Lillian Mandillo, Columbus Street, objected, said the distance between 512 and Main Street may be one mile and to put in a speedway to cut across makes no sense, because regardless of what road you use you have to travel Main Street or CR512. She said children should be worth more than a road that will save someone ten seconds. Ann Garrison, Columbus Street, asked if a traffic study had been done, and whether modeling is the same thing as a traffic study. The City Manager said he would say they are the same thing. Ms. Garrison said US 1 is a federal highway designed to take traffic, and Sebastian doesn't have a need to lessen traffic on US 1 and bring it into a nice quiet street. She said they were told nothing would be built, that it was a FPL right -of -way, and they should have checked with the City. She asked if the City would consider a buffer and finished by stating that growth will be considerably less than what is being predicted. Brian Pocock, 302 Columbus Street, said he has two small children and is teaching them how to ride bikes and this will increase traffic in his front yard, and he is opposed. Susan (no last name given) said she had a grandchild who lives on Columbus Street and that this will affect her grandson's safety, and did not see the benefit. Louise Kautenburg, said no one wants a road in their neighborhood, that the MPO representative is correct, where anyone refused to build a road when it is needed you end up like a funnel, and it is already happening here. She cited the increase on Main and US 1 in the last ten years she has worked there, and said if 100 cars less went down Main Street, it would ease the number of traffic accidents there. She said streets are meant for the benefit of all, you have to have connectivity and if we erase all the planned streets, we will all have gridlock. 11 Regular City Council Meeting December 15, 2010 Page Twelve Delmar Hasler, 255 Columbus Street, said he came here 15 years ago, bought on a quiet street with the back of the house facing Powerline Road, said this will cause property values to go down, and asked is there going to be a berm. The City Manager said no. He asked will there be a sidewalk and the City Manager said yes. Mayor Hill reminded him to address the Chair. Damien Gilliams said he felt bad for the people speaking, these people have invested their life savings for their homes, and Council is doing a money grab, said the MPO numbers are a joke, there is no mitigation for scrub jays or gopher tortoises. He said we need to do a study, and Council is hurting 50 property owners for three properties and we don't need the road. He urged Council to give the developer back his money. Mayor Hill called for a recess at 8:30 p.m. and reconvened the meeting at 8:43 p.m. All members were present. Mayor Hill asked Mr. Matson to show how they come up with the numbers. Mr. Matson said traffic modeling is done the same nationwide and is based on UTMS developed by MIT professors in the 60's. He said origins and destinations are programmed into an electronic map with a limited roadway network, the algorithms in the model will program the cars on the roadways with what is given, it is not perfect, we look to see if it makes sense; it is based on gravity modeling such a neighborhood mall will draw more trips than a convenience store; in the meantime, connectivity will prevent us from having a Ft. Lauderdale situation. Ms. Coy asked how long this road had been planned and Mr. Matson said it came up at the City level, and he was asked by the City to look at it from a traffic standpoint. The City Manager said it has been in place at least five and half years, and Ms. Coy added by a previous Council when Ashbury went in. Mayor Hill said it has been platted longer than that, and the City Manager said it came to Tight when Ashbury developed. Ms. Coy said this issue is difficult, and she relates to each one that lives on Columbus having fought the battle with Ashbury but lost, and said what Council didn't get to hear is the hundreds of people this road will benefit. She said people will now have an access to the school and one day Ashbury will be built out, Pelican Isles will benefit tremendously, that it has been planned for some time, and discussed at previous Council meeting, and it is unfortunate some people were misled when they bought their homes. She asked if it was possible to buffer the road. The City Manager said we can design it in, but it will increase cost and maintenance, if Council directs it should be put in bid docs. Ms. Coy said it would help the folks on Columbus, she would support the added expense. Mr. Gillmor concurred with her, and said if at all possible he would like to see a berm, noting the City has a tremendous amount of free dirt, and said shrubbery with a small berm would facilitate shielding of visual and noise pollution. He said shrubbery alone would not do this. 12 Regular City Council Meeting December 15, 2010 Page Thirteen Mr. Wright asked what the planned speed limit will be and what the speed limit on Main Street is currently. He was told 30 mph and then he said it should not exceed Main Street speed limit, and that he concurred with a berm. He noted between the road and Columbus Street there is a ditch before it gets to the property. Steve Moler said to come up with different concepts would be difficult due to powerlines and we would have to thread between the poles, and between the curb and the top of ditch is drainage and a bikepath. He said he believed we can fit in a hedge and tree, but the City still has to maintain the ditch and he would be concerned equipment couldn't get in with mature trees. He said there is no room for a significant berm. Mayor Hill said he was hearing Council was directing them to do what we can do to mitigate sound. Mr. Wright said if there was no critical need for the bikepath, would that provide room for a berm. Mr. Moler said the bikepath is to be located on the berm, so if you did not put in the bikepath, the berm could go higher and landscape the berm. Mr. Wolff noted the bikepath is part of the greenway path for MPO. The City Manager said the bikepath is part of the greenway trail, but he has always been concerned with the bikepath cost because of the ditch we need a rail, he doesn't see the bikepath happening at this time, and it would open space for a berm. Mayor Hill said the goal is to minimize the impact to residents. The City Manager noted we still have the sidewalk on the east side of Powerline Road. Mr. Wolff said he heard of this for the last four years primarily with mention of escrow, other than there has been little serious discussion. He said it made sense during the housing bubble, noting Ashbury has been a bust, the property opposite the Post Office which was going to be town houses has been a bust. He said being on Council he has to consider what the people who are here now want. He said when Ashbury comes back, the road will need to be extended but there is no urgency for the road and it goes back to impacting people's lives when you are on council, many here for their golden years. He said it wouldn't be end of world to give up the $180,000 escrow and recommended postponing it for ten years, and when time comes and we need the road, bite the bullet and put it in. He said he had spoken with the City Manager and previously said the project made sense to him but now listening to people felt it would be a great disservice to the folks who would be impacted. He said he will vote for quality of life. Mayor Hill said he feels for everyone who lives on Columbus Street, noting he had lived where on property adjacent to City property, but said he had to look at the benefit for the greater good, noting growth is inevitable, said the road is needed today and it will be beneficial. MOTION Mr. Gillmor and SECOND by Ms. Coy to instruct staff to move forward provided we can put in a berm and foliage to buffer as well as we possibly can. Result of Roll Call: AYES: Coy, Gillmor, Hill, Wright NAYS: Wolff Passed 4 -1 13 Regular City Council Meeting December 15, 2010 Page Fourteen 11. PUBLIC INPUT 9:12 pm Damien Gilliams apologized to the City Manager for having misspoken at the last meeting in regard to the reducing the amount of people on the payroll, suggested Council reduce the City Manager's spending authority from $15,000 to $5,000, said it was imperative the Budget Committee start meeting now, suggested rewarding Department Heads who save money, said Growth Management is where we can save money, but the Building Department is needed. He said Council should not discriminate against families by seeking SkyWiFi for seniors only, and urged Council to go after banks which are not maintaining foreclosed houses which drives down value of abutting properties. He wished everyone Happy Holidays and said if some one is hurting, reach out and help. 12. NEW BUSINESS 10.121 A. Award Design -Build Contract for Sebastian Municipal Airport Hangar "B" to 281 -282 Ahrens Companies in the Amount of $1,304,022 (Airport Transmittal, Bid and Contract Documents Previously Provided Under Separate Cover) The City Manager gave a brief background on the RFP for Hangar B and recommended awarding the design -build contract to Ahrens Company. MOTION by Mr. Wright and SECOND by Ms. Coy to award the design -build contract for Airport Hangar B to Ahrens Companies in the amount of $1,304,022. Damien Gilliams, asked why we are providing $56,000 for a generator for a tenant, and suggested improvements on the inside should be the responsibility of tenant. Mr. Wright complimented staff on the amount of detail in the backup, said this was a complex negotiation, was summarized well, noted we set aside funds for this project, and said there will be a savings, but he did have a couple of questions. He asked if we can go back to the County to have impact fees reduced or waived, perhaps making an application to Economic Development Council to receive a break, and asked for an explanation as to why the generator was necessary. Mr. Wolff said the generator was the only sticking point for him, suggesting the building should be wired for the generator but not provide the generator, saying if they leave we can negotiate a generator, but it is not paramount to their business but rather a luxury item. The City Manager said because this is a City building being leased to a tenant staff wanted a fully operational facility, but can eliminate the generator if that is Council's decision. He said the hydro -swing door is the best value so he recommended that as well as hurricane windows and fire protection which will be needed because those are landlord issues. He said in regard to impact fees, in Hangar A, staff did not put in impact fees and had to come back to council for authorization, so it was left in this base bid and if we go over he will have to come back to Council to modify the contract. 14 Regular City Council Meeting December 15, 2010 Page Fifteen He said we will twist the County's arm and let them know there is job creation there, and Council can help by talking to the County as well. Mr. Wolff said if we asked for the waiver with Hangar A we would be in trouble as no jobs were created. The City Manager said it is arguable whether we created new jobs or not, though IRC would probably argue we did not, but V- Raptor is a new business in Indian River County. Mr. Wolff said if we delete the generator there is actually a savings of about $63,000 from the cost of Hangar A. Mr. Gillmor said if the generator is not a need, let's save the money. Mr. Wright and Ms. Coy modified their motion to delete the generator. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 10.038 B. Resolution No. R -10 -46 FY 2009 -1010 4 Quarter Budget Amendment 283 -306 (Finance Transmittal, R- 10 -46, 4 Quarter Comparison, Capital Project Status Report, Schedule of Investments, 4 Quarter Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9:31 pm The City Attorney read Resolution No. R -10 -46 by title. The Finance Director briefly updated Council on the final FY 2010 budget numbers in the 4 quarter amendment, said all came in under budget amounts, though we need to replenish the Police Department for pension expenditures as required by the State. He said staff is trying to improve investment income, and reiterated that this is the end of the fiscal year, and the audit is on -going though he doesn't expect anything of significance. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve Resolution No. R- 10 -46. Damien Gilliams read from the Growth Management Department's accomplishments, said their work can be handled by the Building Department, said let's start consolidating, noting Fellsmere contracts out and bills the developer. He commended the Finance Director for doing a good job, and recommended a grant office, with an employee that receives a percentage of what is obtained. Result of Roll Call: Ayes: All Nays: None Passed 5 -0. 15 Regular City Council Meeting December 15, 2010 Page Sixteen 10.159 C. Ordinance No. 0 -10 -09 Alcoholic Beverage Sales Restriction (City Attorney 307 -311 Transmittal, 0- 10 -09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 10 CONCERNING RESTRICTIONS ON THE SALE OF ALCOHOLIC BEVERAGES; RELAXING THE RESTRICTIONS IN SPECIFIC CIRCUMSTANCES; PROVIDING FOR CONFLICTS, SEVERABIITYAND EFFECTIVE DATE. The City Attorney read Ordinance No. 0 -10 -09 by title. The City Manager said the ordinance includes the modifications requested at the last meeting. MOTION by Ms. Coy and SECOND by Mayor Hill to approve Ordinance No. 0 -10 -09 (on first reading and set public hearing for January 12, 2011). Edna Gonzales thanked Council for the ordinance for the growth of her restaurant and for Sebastian's growth. Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, said the Chamber Board considered this last week and they unanimously support the amendment. She expressed her appreciation for Council's support of the business community over the last year. Damien Gilliams, said it was good to see the Director of Chamber, maybe she can let us know what businesses opened up and what they need to survive. He said it was nice helping one business and asked them to consider letting businesses that serve alcoholic beverages stay open to 2 a.m., so customers don't get in vehicles to drive to Brevard for the extra hour. He also requested providing that police cars can't park within 1,000 feet of a bar. Ron Thomas, Caravan Terrace, Pastor Friendship Christian Community, said Council went from considering distance from a church or school to allowing a full liquor license. He said at the last meeting it was implied that the religious community twisted Ms. Coy's arm and forced her to cave five years ago. He said last month Council indicated that they were prohibited from enjoying a glass of wine which is onerous when we have over 30 establishments that can serve beer and wine and asked how is this restricting economic development, and if we are so concerned over this one location, keep the ordinance for the US 1 corridor only. He said this is about where we stand and what we stand for. Ms. Coy asked him if he was conducting services at Seawinds, wasn't there a bar and package store near there. He said he has no problem with alcoholic beverages with a meal, but the location near churches and schools where children's activities are taking place is his concern, and that Seawinds is not his church but a temporary location with a chapel to use. MOTION by Ms. Coy and SECOND by Mr. Gillmor to extend the meeting passed on a voice vote of 5 -0. 16 Regular City Council Meeting December 15, 2010 Page Seventeen Louise Kautenburg said the law is not unique to Sebastian, but has been in effect in many places, called blue laws, and most communities have eliminated them so as not to discriminate against one set of beliefs over another. She said she was in favor of the ordinance. Mayor Hill read the proposed language. In response to Mr. Wright, the City Attorney said this language is in compliance with State law, noting the 51% from restaurant comes from State law, and in fact our ordinance goes further than State law, which allows counties and municipalities the right to regulate such things under Home Rule. Mr. Wright said he did not think the question of a free standing bar accomplishes any more than 51 from food sales, citing that when going to a busy restaurant, many people will have to wait for a table and it is comfortable to have a cocktail while you wait, and a freestanding bar is also a convenient place to set up liquor for the restaurant. He said the restriction against freestanding bars is overly burdensome and recommended taking it out. Mayor Hill agreed and said if 51% of the sales comes from food, we should limit the intrusion of government on design of the restaurant and would agree with taking out that regulation. Mr. Gillmor said he thought the intent of eliminating free standing bars was to allow only beer and wine sales and not liquor within 450 feet of a church or school. Ms. Coy said the request before us was for beer and wine sales and she likes the way it is written, if look at the number of churches and schools affected by the 450 foot regulation, it is not that much space, and said you have to seat a lot of people to get a liquor license. She said she had invited every single pastor who has an owned building, and most of them said it is not an issue as written, and we can change it later if necessary. She said no one twisted her arm then or now, that she had believed it to be a good ordinance back then but it is time to catch up with the times and having discussed the issue, it's time to get up to speed and change the rules. She said she had asked the Chief to provide statistics on DUIs and would not support bars being open later than 1:00 am, noting after 8 pm you have three times more chance to get hit by a drunk driver. Mr. Wolff said he sees problem with the Village Shops, the people who put them had an engineer who designed five pounds of potatoes in a three pound bag and it has caused a host of problems, said he was disappointed to see an ad saying you can bring your own booze and questioned the legality of it. He said he visited the restaurant and it was crowded and could not get in. He said there is a great deal of alcoholic beverage consumption in the riverfront, noting you can start at 7 am. He said Pastor Thomas was an eloquent speaker and kept his religious views out, questioned changing the ordinance for one individual, but said he did not think it would harm Sebastian if we change it. 17 Regular City Council Meeting December 15, 2010 Page Eighteen Mayor Hill recommended leaving the language as written, and would keep his second as it stands. Mr. Wright said he did not want to see someone come in that might need that type of facility and risk losing a quality restaurant, but he can live with it the way it is, and hoped people would question what they can do and that Council may be open to changing it. The City Attorney noted one minor change in the body after the word "which" in paragraph (a) (1) (A) there should be a colon and not a semi colon. Ms. Coy and Mayor Hill modified their motion to include the punctuation change. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 10.163 D. Discuss Possibility of Restricting Solicitation for Donations on City Streets and 313 Direct Staff Accordingly Requested by Council Member Coy (City Clerk Transmittal) Ms. Coy said she has discussed this with the City Attorney, the City Clerk provided a copy of a letter to her from local veterans groups about one particular veterans group soliciting donations in the streets which, she said, is dangerous and distracting though they aren't the only group, and said we can direct staff not to issue any permits to solicit funds on our streets. Mr. Gillmor said they are not veterans, and are walking in the streets and he can see someone being hurt in traffic. Mr. Wright said he would not want to see this affect kids doing car washes. Ms. Coy said they are on the side of the road. The City Manager said Mr. Gillmor bought this up as well and at that time we didn't feel we could make a change, but if someone is in right -of -way we will chase them out. He said the kids are typically on private property. Mr. Wright said he didn't want the kids restricted and Ms. Coy said they aren't collecting money. Damien Gilliams told Council to stop regulating us. MOTION by Ms. Coy and SECOND by Mr. Hill to direct staff not to grant permits for solicitation for money on our streets passed on a voice vote of 5 -0. Mayor Hill encouraged anyone to come forward that might have a special need. 18 Regular City Council Meeting December 15, 2010 Page Nineteen 13. CITY ATTORNEY MATTERS 10.103 A. Litigation Update (City Attorney Transmittal) 315 The City Attorney said since he writes the auditor's letter he thought he would provide this to keep Council up to date. 14. CITY MANAGER MATTERS The City Manager reported: He would like a January 5 Special CRA/City Council Meeting to address several Riverfront District issues. There were no objections. He will be coming forward with LDC modifications. Briefly described the Stormwater Master Plan revision approved tonight. In regard to the approved AN equipment, it looks like Comcast will provide up to $5,000 to reimburse costs. 15. CITY CLERK MATTERS Wished everyone a Merry Christmas and Happy New Year. 16. CITY COUNCIL MATTERS Hill, Mayor A. Council Member Coy Wished everyone a Merry Christmas and Happy New Year. B. Council Member Gillmor Wished everyone a Merry Christmas and Happy New Year, and announced the Cowboy Christmas with Santa Claus at LaPorte Farms this Saturday. C. Council Member Wolff Wished everyone a Merry Christmas and Happy New Year. D. Mayor Hill Wished everyone a Merry Christmas and Happy New Year, and asked if anyone on Council had anything they wanted him to bring to the Mayors' Meeting on January 10 Mr. Wright asked if other members of Council could attend, and the Clerk noted the public notice states that two or more members of the County Commission and /or member Councils may be in attendance. E. Vice Mayor Wright Wished everyone a Merry Christmas and Happy New Year. 17. Being no further business, Mayor Hill adjourned the Regular Meeting at 10:28 p.m. Approved t the anuary 12, 2011 Regular City Council meeting. AT y MMC City Clerk 19