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HomeMy WebLinkAbout03132013 Minuteson Of HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AND COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES WEDNESDAY, MARCH 13, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting of City Council to order at 6:30 p.m. 2. There was a moment of silence. 3. The Pledge of Allegiance was led by Council Member Adams. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joseph Griffin Finance Director, Ken Killgore Police Chief, Michelle Morris MIS Senior Analyst, Barbara Brooke -Reese 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. A. Brief Announcements 3/16/13 — Pelican Island Wildlife Festival in Riverview Park — 10am -5pm 3/22/13 — Chamber of Commerce Concert in Riverview Park — 23 Treez - 5:30 -8pm 3/22/13 — City Hall Closed Furlough Day 3/23/13 — Sebastian River Art Club — Art in the Park (Riverview) — 10 am to 4 pm Mayor McPartlan read the brief announcements. Regular City Council Meeting March 13, 2013 Page Two Mayor McPartlan and Ms. Coy gave a brief update on the St. Baldrick's children's cancer research benefit at Captain Hiram's on March 2 "d. Ms. Coy reported that the goal was $50k and it had been announced today that the local event had raised $11 OK. She congratulated the Police Department team of 28 for their $10K approximate total and the Council team of three for raising $2,100. She said it was a wonderful day and a super cause and she would reveal her shaved head at the end of this meeting. 7. RECESS REGULAR CITY COUNCIL MEETING Mayor McPartlan recessed the City Council Meeting at 6:34 p.m. 8. CONVENE COMMUNITY REDEVELOPMENT AGENCY MEETING (CRA minutes are under separate cover and attached to these minutes) A. Call CRA Meeting to Order B. Roll Call C. Approve February 13, 2013 CRA Minutes (Minutes) D. Fagade, Sign and Landscape Grant Selection Committee - Appoint One Business Owner Position (Transmittal, Application, Press Release) E. Fiscal Year 2012 CRA Annual Report in Accordance with 163.356(3)(c) Florida Statutes — Accept and Forward to City Council (Finance Director Transmittal, F.S.163.356(3)(c), Report) F. Adjourn CRA Meeting 9. RECONVENE REGULAR CITY COUNCIL MEETING Mayor McPartlan called the Regular City Council meeting back to order at 6:42 p.m. All members were present. 10. 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. 5 -14 A. Approval of Minutes — 2/27/13 Regular Council Meeting Minutes 13.033 B. Approve Amendment to License Agreement dated 2/24/10 — Davis Street 15 -19 Encroachment (Community Development Transmittal, 2010 License Agreement, Map, Neel- Schaffer Memo, First Amendment to License) Mr. Adams removed item 10. B for discussion. MOTION by Ms. Coy and SECOND Mayor McPartlan to approve item A carried on a voice vote of 5 -0. Item B Mr. Adams said removing paragraph 4 would not give us the opportunity to rectify a situation in the future if we had to, and the Engineer says it is not a problem, so leave as is. K Regular City Council Meeting March 13, 2013 Page Three The Community Development Director said we have been requested by the new property owners to remove paragraph 4 from the original license, and said the City's consulting Engineer said if Davis Street were to be developed in the future, there would be no effect by this encroachment. In response to Mr. Wright, the Community Development Director said the Davis Street Project has not yet been signed by the County, but there is an agreement in principle, and Mr. Wright said in that case he would not remove item 4. The City Manager said this is a quid pro quo, and for them to locate the lift station on their property they want the City to lift one of the clauses of the license agreement that would essentially say the City would never take that back. Mr. Wright asked if it would make sense to postpone this action until the agreement is signed. The City Manager said we would take the risk that the owners may not sign this later on and we are showing good faith on our part to execute the amendment at this time. Mr. Wright said he would like some assurance that they are going to sign. The City Attorney suggested it could be made contingent upon execution of the Davis Street project, or, Council could approve this and if the project agreement is not signed by the next meeting Council can reconsider approval. Mr. Wright said a contingency would meet his concerns. Mr. Adams said he still was not in favor, the engineers say it is not an issue, if it were to become an issue later on the City would have no recourse. Ms. Coy explained again the quid pro quo, and the City Manager confirmed that the project could stall if we don't approve this. The Community Development Director said since the property owner is giving an easement on their property to the project lift station which will be on another property owner's land and in turn getting the right -of -way encroachment. MOTION by Mr. Wright and SECOND by Mr. Adams to approve the encroachment subject to the contingency that the Davis Street Project is approved. Mr. Gilliams said we are using taxpayer money to foot the bill for the $150K for a County project to improve someone else's property, the County has the funding to do this and taxpayers already pay a fee on annual tax bills for this. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 11. COMMITTEE REPORTS & APPOINTMENTS Ms. Coy reported that at next Monday's Beach and Shores meeting there will be a proposal to add an MSTU and additional one cent sales tax for more beach renourishment, but that current Federal and State sentiment is that throwing more sand at the problem is not a workable solution. She said there may be suggestions to raise funds for restoration and hoped the City Mayors continue to push their ideas for other solutions. Regular City Council Meeting March 13, 2013 Page Four Mr. Wright said over $100M has been spent over time for beach renourishment in the last ten years and it is difficult to see the funding come from local taxpayers. He cited the history of a past vote and the reasons the County got involved in the process. Ms. Coy said she served on Beach and Shores eight years ago, tried to get them to look at other methods which they are now doing. She said public beach access will always be there but the State and Feds are saying to the private guys this is your private property. She said she would report back to Council at the next meeting. 13.034 A. Alternates for County /Regional Committees (City Clerk Transmittal) 20 i. Tourist Development Committee (Member Hill) ii. Treasure Coast Regional League of Cities (Member Hill) MCP iii. Treasure Coast Council of Local Governments (Member Adams) MCP Tourist Development Council — Vice Mayor Wright Alternate Treasure Coast Regional League of Cities — Mayor McPartlan Alternate Treasure Coast Council of Local Governments — Mayor McPartlan Alternate 13.035 B. Recommendation from Natural Resources Board to Recognize Earth Hour on 21 -22 March 23, 2013 at 8:30 by Turning Off Lights for One Hour and Educating Citizens (NRB Transmittal, Letter of Request) MOTION by Ms. Coy and SECOND by Mr. Adams to approve the program carried on a voice vote of 5 -0. 12. PUBLIC HEARINGS 13.023 A. Second Reading of Ordinance No. 0 -13 -01 — City Clerk RMLO — Exclude Law 23 -25 Enforcement Records (City Clerk Transmittal, 0- 13 -01) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2 TO EXCLUDE LAW ENFORCEMENT RECORDS FROM CITY CLERK RMLO RESPONSIBILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 2/27/13) Mayor McPartlan opened the hearing at 7:08 p.m., and the City Attorney read Ordinance No. 0 -13 -01 by title. The City Clerk explained that responsibility for law enforcement records would transfer to the Police Chief as RMLO for the Police Department. No public input was requested. Mayor McPartlan closed the hearing at 7:09. MOTION by Ms. Coy and SECOND by Mr. Wright to adopt Ordinance No. 0- 13 -01. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 Ll Regular City Council Meeting March 13, 2013 Page Five 13. UNFINISHED BUSINESS 13.031 A. Working Waterfront — Consider Newly Revised Lease with Fisherman's Landing 26 Sebastian, Inc. (FSL) (City Manager Transmittal) (Revised Lease and Lease Exhibits Are Under Separate Cover) The City Manager said he had provided written recommended changes dated today to Council and City Clerk just prior to the meeting, had changed and initialed on error in the memo to state that staff was recommending the construction of the fish house would be reduced from five back to two years of the permit issuance, and not within two years of lease execution (see City Manager memo attached to minutes). Staff revised recommendation dated March 13, 2013 (with correction as stated above): • Term — 10 Years With Automatic 10 Year Option • Special Events — 2 Three -Day Events Annually • FLS Provide Additional Insurance For Special Events • City Constructs Fish House Within 2 Years Of Permit Issuance • City Constructs Fishermen's Restroom The City Manager recommended approval contingent upon the stated revisions. MOTION by Mr. Hill and SECOND by Mr. Adams to approve the lease as provided pending approval by the State of Florida subject to ten years with a ten year option, special events being two three day annual events, FLS providing additional insurance for special events, City constructs the fish house within two years of permitting and the City constructs the fishermen's restroom. Tom Collins, Captain Hiram's, complimented all on this project, though stated we have a publicly subsidized entity which will compete with area businesses and can do it cheaper. He said he had no problem with the two events but suggested they not end at 10 pm but perhaps 5 pm. Dave Steed, said the fishermen would probably agree to end events at sundown and Ms. Coy asked if they'd agree to 6 pm. The fisherman said they had been knit picked to death on this project. Rich Stringer, Attorney for Fishermen's Landing Sebastian, agreed with the ten year lease and ten year option, suggested adding to paragraph 8A that the City pursue funding in good faith, expressed concern about paragraph 8C in regard to blocking the view with aquaculture equipment, suggested allowance for decorative amenities such as crab traps which you can see through, and said the funding for a restroom would have better uses, but if they want to construct the restroom they want it to be just for the fishermen and not the public and they would take care of maintenance, but if it is for the public the City would maintain it. He said they have faith the City would pursue the grant but they want it spelled out. He also said Special Events ending at 7 pm would work for them. Mr. Wright said he would prefer additional insurance he had requested be referred to as liquor liability insurance. He also argued that if we leave the construction of the fish house at five years we would have more opportunity to reapply for future grants. Regular City Council Meeting March 13, 2013 Page Six Mr. Stringer noted the wording that was presented is five years from getting permits. He then asked that the initial term begin when the fish house is built, because permitting will take at least 18 months. Ms. Coy suggested special events twice a year ending at dusk and not to exceed 7 pm is a good compromise for all parties because the businesses rely on sales of alcohol, and said if the restroom is not a concern we could scratch it off the list. She asked what special event money would be used for and Mr. Stringer responded construction and operating expenses. Mr. Hill said there will be activities in the Hurricane Harbor building so sharing that restroom could be problematic, and the fishermen aren't opposed to a separate restroom but are opposed to maintaining it for public use. Discussion followed on how a simple restroom for the fishermen could be accomplished, but as the City Manager stated, it can't be over water, the need for a shower, and the fact that there is already a restroom available for the public. Chad Engler, local resident and full time commercial fishermen, said his boat is docked at FLS, and they hear 'the fisherman want this or that' stating he has never been asked what he wants, he pays his taxes and monthly dockage and asked why there aren't any fishermen involved in any of this, said it was a bunch of smoke and mirrors and meaningless to them. Dave Steed said this all seems to be a money thing, said he had offered to take down the fish house for free and was told he can't because it had to go out to bid. He said the fishermen are willing to do whatever needs to be done. Mayor McPartlan suggested he tell the City Manager and he said he had. Mr. Hill said when we are talking about the fishermen we are talking about the people who entered into the agreement with us and helped us acquire this property who are Fishermen's Landing LLC, not all fishermen. Ms. Coy said she was shocked to know no one has ever asked the fishermen what they wanted and thought they were being represented and was disappointed. Mr. Hill said the other part of this project is the educational opportunity, and what caused him to spend the money is to bring people to the waterfront. Ms. Coy agreed the vision has not changed, but at no time did she think that Fishermen Landing LLC was different from the fisherman. Damian Gilliams, said this is the first time he had seen fishermen attend a meeting since 2008, alleged back room deals were made, cited lost income to the City, and a one sided deal with a prior City Attorney. He said he requested backup for rent credits, said the Administrative Services Director provided the documents, citing an email from her dated 3/6/13, and asked that it be put in the record. He asked Council if they know who sits on the board of the FLS, and referred to corporate documents that shows Tim Adams as a member. Mayor McPartlan told him his time was up and to sit down. Regular City Council Meeting March 13, 2013 Page Seven Richard Gillmor, Sebastian, complimented the Council for moving ahead, we are on the cusp of something good for Sebastian, cited a day spent on the water with a commercial fisherman, this is good for commercial fishing and we are moving in the right direction. Sal Neglia, Sebastian, objected to the lease before Council because it is not for the working fishermen in the City, said the organization name is Fishermen's Landing Sebastian, agreed we should not build the fish house until we get grant money, suggested 10 year lease with 20 year contingency, asked where are the educational events promised, said this stinks of favoritism and the fishermen should concentrate on fishing and not partying, we don't need more people on the road drinking, and asked Council not to rush. Mayor McPartlan called recess 8:04 pm and reconvened the meeting at 8:18 p.m. All members were present. Robert Waltermeyer, said the fishermen do want this to move forward but they want to be able to give an opinion. Mark Speak, commercial fisherman with boat at Fishermen's Landing since 2005, said it all needs to be revisited, who is doing what, how and when, that it is a blessing to have a place to unload and we need to make the best use of it that we can. In response to Ms. Coy he said he had contact with FLS, and had given his input to a degree but there needs to be more. He said the fishermen speak amongst themselves but their thoughts are not taken into consideration. Ben Hocker, Sebastian said this lease is no different than the original lease in certain aspects, whereby the non - profit was to perform a management function and pursue addition of items at the Working Waterfront, now this lease takes the financial burden off the non - profit and puts it on taxpayers and if we fail to get a grant we are committed to City funding it. He said we are not following our own guidelines to keep the existing building historically correct and repair it. He said the lease was mismanaged. Louise Kautenburg, Sebastian, said it is time to move forward, noting the property was in deplorable condition before and it sounds like suggested compromises to the revised lease are reasonable and make sense. She said projects take time and correction but we've been at this for years and have not accomplished our goals. Mr. Wright summarized by saying instead of the former Dabrowski property being sold and turned into a residence, we have a place for commercial fishermen today and sustained commercial fishing which is what we tried to do with State participation in the purchase of both properties. He said we did put up a lot of money because we wanted to preserve and develop, was disappointed to hear the fishermen have not been represented but noted they say they just need a place to fish. He said as a City we are looking to make this more, fishing and an attraction, expressed concern about costs associated with the project, stating $325k was not a realistic number and which could be more like $500K because the only cost in there is the fish house. He said grant money was important and we can take five years and set aside a certain amount of money each year and have more time to apply for grants, the fishermen can still fish and do their fundraising. He said there should be no conflict between the fishermen and the City. 7 Regular City Council Meeting March 13, 2013 Page Eight The City Manager said $325K was a good number for the fish house, though he did not have a cost for the restroom and clam raceways. Mr. Wright said he knew we had money budgeted in the CIP but if we could get half from a grant the rest can be used in other places in the City where needed. Ms. Coy said she wanted this done as soon as possible but was very upset that while we thought we were negotiating in good faith with cited input from the fishermen and now find out tonight the fishermen don't even know that Mr. Stringer is their attorney and he prevented them from talking to us. She said she came in tonight ready to but was not happy. She said she asked the City Manager what would happen if they walked away and cited the successful Senior Center non - profit corporation when they were failed by a Vero Beach non - profit. She said whatever motion is on the floor she will vote against and recommended the fishermen all meet again. Mr. Adams said he had spent many sleepless nights going over this and was disappointed with what he was hearing knowing the fishermen had limited input, and was not confident in moving forward. He said he thought sometimes that we should not do this but if we didn't would we have to pay back millions, that building the fish house is the lesser of two evils. Mr. Hill said there are fishermen who are being represented and they are not opposed to anything in this lease, and the confusion was that we are calling Fishermen Landing LLC the "fishermen" like it was all the fishermen in the City and it is not. He said we have a good lease with an option to move forward. He said he would amend his motion to have the events end no later than 7 pm and add the liquor liability insurance language. He said the language stating we will construct the fish house within two years of permitting protects us quite well, and he would be open to Council comments on the restroom and state in the language that it is a non - public restroom and only for use by the fishermen to utilize or by eliminate it altogether, said he was comfortable with the ten year lease with ten year extension, special events for two three day events that end at 7pm, with special insurance as requested by Mr. Wright. He said it would make sense to construct the restroom and have it used only for them. There was no second to his amendment. Mr. Wright said he wants a commitment that we would be pursuing grants before we begin with permitting, the best bet would be to let the Fishermen build the restroom and then we won't have to deal with it being public, was comfortable with events ending at 7 pm and thinks there is consensus, as well as on the liquor insurance. He said he did not know how to encourage a non - profit to communicate. The City Manager said for the record that we would not back off one word he and Joe Griffin have communicated to Council publicly or privately, since they were a true representation of what was discussed and having heard what I did tonight, Mr. Stringer is appointed counsel and works for a group of people just as he does. He said perhaps we need to go back and proffer an agreement everyone is happy with, saying he thought we are very close to a consensus this evening. He said he can't tell them what individual fishermen are feeling but can tell them about discussions with FLS. 8 Regular City Council Meeting March 13, 2013 Page Nine Mr. Wright said he would like to see what the fishermen are saying and it was disappointing that this has not been discussed with those who work on the docks. Ms. Coy asked Mr. Stringer to come to the podium so she could ask some questions. Mayor McPartlan confirmed Mr. Stringer represents Fishermen's Landing of Sebastian LLC and not every fisherman in Sebastian. She asked, in accordance with by -laws, if FLS had an August meeting, how many members are on the FLS Board, noting the by- laws state that at least two members must be present in accordance with by -laws. She asked him when was the last time `you' called members together. Mr. Stringer said he represents the non - profit in relation to this agreement and is not their general counsel, that there is a Board of Directors which is more than Tim Adams, they have meetings with members, and he has not attended the meetings or responsible for the meetings. Ms. Coy asked him if he had rescinded the letter prohibiting Council members to speak to members of FLS Inc., and Mr. Stringer said that was in relation to the eatery issue at that time, and Council can speak to them whenever they want. Ms. Coy suggested this not be passed tonight and ask them to have a meeting and catch up on their by -laws. Mr. Stringer said there are five fishermen here tonight who are not on the governance board. Ms. Coy said she had lost faith in the process, and suggested going back to them and have a meeting to catch up on their by -laws and bring it back in two weeks to Council because she is ready to sign. Mr. Stringer said he did not think they were not on the side of the fishermen. Mr. Wright said the remedy is for them to have a meeting, and as a corporation you have to approve things, and it is not inappropriate for the fishermen to tell us who is on the board of directors. Mayor McPartlan said we already have an existing lease with FLS and we are looking to change the lease. He said Mr. Hill is looking to change his motion by adding the alcohol insurance, 2 years of permitting, constructing the fish house within two years of permitting, two events no later than 7 pm, scratch the restroom, and with the events, if something goes wrong, we can fix that later. He said he had looked at the Cortez Florida Working Waterfront festival started in 1981 in a similar way and it had grown greatly over the years. He suggested if Mr. Hill wanted to change his motion with those items he was ready to vote on this right now. Mr. Hill said he would change his motion as stated. The City Attorney said Mr. Hill's motion calls for a private restroom for the fishermen. Mr. Hill said that is removed. Mr. Adams withdrew his second because he said he was not comfortable, and then Mr. Hill removed his motion. MOTION by Ms. Coy to postpone until the next meeting (Clerk noted there would not be a full Council for the March 27`h meeting) April 10th meeting that gives them thirty days to review the agreement. W Regular City Council Meeting March 13, 2013 Page Ten Mr. Wright said he would SECOND the motion if we add "the lease as discussed by Mr. Hill and all of us as modified in those discussions presented to the attorney so he has something viable to discuss with the Board of Directors of the fishermen." Ms. Coy concurred. Discussion took place as to whether there was a motion the floor. (Editors' Note: The original motion was made and seconded by Mr. Hill and Mr. Adams, then an amendment was made by Mr. Hill, but it did not get a second, and later Mr. Hill amended his motion again, but Mr. Adams withdrew his second from the original motion, and Mr. Hill withdrew his original motion. Ms. Coy moved to postpone to April 10th for the fishermen to review the agreement and Mr. Wright seconded that motion if "the lease as discussed by Mr. Hill and all of us as modified in those discussions is presented to the attorney so he has something viable to discuss with the Board of Directors of the fishermen.'; could be added and Ms. Coy concurred). The City Manager suggested Council take a vote on the motion to defer and then have a discussion on Council's general consensus on the issues. Prior to the vote he recapped what his understanding of the consensus was as follows: (Verbatim) "Paragraph 5 be amended as provided to you in my memo this evening Paragraph 8A be changed as provided to you in my memo this evening Paragraph 8E with construction of the restroom be completely stricken Paragraph 3C being modified to add liquor liability insurance Paragraph 8A be added that suggests that the lessor should make good faith effort to pursue permitting and seek grant funds Paragraph 3A be added that special events go from 9 am to 7 pm" There were no objections from Council members to his statement. Result of the Roll Call: Ayes: McPartlan, Wright, Adams, Coy Nays: Hill Passed 4 -1 13.012 B. Consider Revised Cavcorp Concept Approval (City Manager Transmittal, Layout 27 -31 13 -1 Cost Breakdown, Proposed IE Inc. Change Order and Proposal, Concept) MOTION by Ms. Coy and SECOND by Mr. Wright to approve the concept. Mr. Wright requested confirmation that the Infrastructure Engineering request for additional funds had been withdrawn at this time and the City Manager confirmed it had for now, but if they get closer and it is necessary we can bring it back. The City Manager said the Lions Club objection letter Council received had an incorrect assumption about handicapped parking spots, which, when numbers of spaces were cited by staff, referenced daily basis needs not special events. He said he had spoken to Norman Meyer and explained this to him, and Mr. Meyer was now on board and apologized for not being able to attend the meeting. 10 Regular City Council Meeting March 13, 2013 Page Eleven Richard Gillmor, Sebastian, displayed previous concepts on the overhead and using the Main Street project as an example, said no one would want to go back to that original setup, that this concept presented will end up a mess, so why spend the money. He said there are 6000 registered boats in Sebastian and this is used four times a year for festivals. Damian Gilliams said boaters and people who go to festivals use this property the most and if it is not broken don't fix it. He said the CRA can't keep doling out money and we could use FIND money for this parking lot and not taxpayer money. Louise Kautenberg said the new plan is excellent and serves organizations that run the four annual festivals. Ben Hocker suggested moving one row of parking. Ms. Coy said she is thrilled that we came to this solution and are considering cars equally with boaters. Mr. Adams said he was not in favor of this, it does not address the problem to utilize space better, and money was better spent with the other proposal. Mr. Wright said other proposals were rejected because of tight turns with a boat trailer and substantial loss of parking spaces because of asphalt, said the disadvantage to this concept is no lines for boaters to park but on a busy weekend the trucks line up, that asphalt next to the lagoon is not a good idea, this is a compromise, increases total parking, accepted by the public and saved $400K. Mr. Hill said he was very disturbed with this plan, which he said Council saw only after a public workshop. He said a 2001 Riverfront Master Plan cited Cavcorp as a problem, and the 2009 CIP lists the Cavcorp parking lot improvement. He said Council agreed on a preliminary plan and sent it forth for public input, no other plan they reviewed had a grass lot, stating this is an abomination based on a few individual event organizers because they say it does not provide sufficient parking for their events. He noted many of the street parking spaces we are adding will be on streets closed during those festivals. He said we are supposed to be improving the Cavcorp parking lot that we budgeted for since 2009 and this in no way does that, has less event parking because spaces will be unusable and in short time there will be potholes, fire ants and a mess. He questioned spending $400K to leave a mess to make parking for events, and was not a fan of back to back pull out parking. He said the environmental argument is valid and, if that is the argument, then don't pave anything, because where we are putting pavement doesn't help anything, and if financing is the issue why waste the money. He said there is zero improvement and to say we could pave later is completely false and misleading. He said he supports the plan we sent to public workshop and would rather support doing nothing than doing this plan and sealing the fate of this lot for the future. Mr. Wright said there appears to be enough dissension that it is not worthwhile to move forward. Mayor McPartlan agreed. Result of Roll Call: Ayes: None Nays: All Failed 0 -5 11 Regular City Council Meeting March 13, 2013 Page Twelve 14. PUBLIC INPUT Mr. Gilliams commended Council members for shaving their heads for St. Baldrick's and said copies of the new book "Liars, Cheats and Thieves" is available at No Name Bar. Sal Neglia said the parking spaces adjacent to Captain Hiram's are a disaster and an accident waiting to happen, and said an Airboat business has been advertising on City property for about a year. Tina Caffro commended Council for listening to the input on the Cavcorp lot. Ben Hocker said if events held at certain places are for three day usage they could turn into a Grant Seafood festival. MOTION by Ms. Coy and SECOND by Mayor McPartlan to extend for thirty minutes carried on a voice vote of 5 -0. 15. NEW BUSINESS 13.036 A. Accept Community Redevelopment Agency (CRA) Annual Report of Activities 32 -45 as Required by FS and Announce Availability of Document to Public (Finance Director Transmittal, Annual Report) MOTION by Mr. Wright and SECOND by Ms. Coy to accept the CRA Annual Report. Mr. Wright said in future presentations he would like to see a summary of expenditures as an attachment for historical perspective. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 13.037 B. First Reading of Ordinance No. 0 -13 -02 — Anti - Discrimination Amending 0 -95 -07 46 -48 — Set Public Hearinq for April 10, 2013 (City Attorney Transmittal, 0- 13 -02) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO DISCRIMINATION IN HOUSING; AMENDING SECTION 4 OF ORDINANCE 0 -95 -07 TO PROVIDE AN EXCEPTION FOR THE HOUSING NEEDS OF SENIORS AND THE ELDERLY IDENTIFIED IN THE COMPREHENSIVE PLAN FOR THE CITY OF SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0 -13 -02 by title only. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve 0 -13 -02 on first reading. Result of Roll Call Ayes: All Nays: None Passed 5 -0 12 Regular City Council Meeting March 13, 2013 Page Thirteen 16. CITY ATTORNEY MATTERS None. 17. CITY MANAGER MATTERS The City Manager said the PACE resolution will be on the next agenda. 18. CITY CLERK MATTERS None. 19. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan announced a Girl Scout fundraiser for a library for the Sebastian Charter Junior High School as set out in a letter from Pat Giordano (see attached). B. Vice Mayor Wright None. C. Council Member Adams None. D. Council Member Coy Ms. Coy took off her hat and scarf to reveal her bald head. E. Council Member Hill None. 20. Being no further business, Mayor McPartlan adjourned the regular meeting at 10:02 p.m. Approved at the March 2 h, 2013 Regular City Council meeting. x _4e- Bob McPartlan, Mayor ATT � Sally A. Mgj , MMC — City Clerk 13 TO: Members of the Sebastian " Council FROM: Al Minner, City Manager RE: FISHERMAN'S LA SEBASTIAN LEASE RECOMMENDATION DATE: Wednesday, March 13, 2013 Since the writing of the agenda transmittal for this agenda item, staff has been in communication with representatives from Fisherman's Landing Sebastian, Inc. Staff is of the opinion that to reach a final agreement, the following changes to the lease (which is in your packets) should be changed as follows: ➢ PARAGRAPH 5. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial term of TEN (10) years. If the LESSEE is in full compliance with its obligations and responsibilities hereunder, then the lease term shall be automatically extended for an additional TEN (10) years on the same terms and conditions as provided for herein as long as the LESSEE gives written notice to that effect within ninety (90) days prior to the expiration of the initial term. ➢ Paragraph B.A. Change five (5) years to two (2) years STAFF RECOMMENDATION Staff recommends approval of the lease as provided in this transmittal, pending approval of the lease by the State of Florida. SUMMARY OF KEY POINTS ➢ Term — 10 Years w/ Automatic 10 Year Option ➢ Special Events — 2 Three -Day Events Annually ➢ FLS Provide additional Insurance for Special Events ➢ City Constructs Fish House within 2 years of ➢ City Constructs Fisherman's Restroom. 15'sokil( . � 6•' �s pM 4 =33Pµ