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HomeMy WebLinkAboutMinutes 08-02-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 2, 2005 7:00 PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tern Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Mayor Randels called for a moment of silence to acknowledge the passing of City employee, Carl Akery. Carl was employed with the City for 39 years. PRESENTATION: Summer Commercial Beautification Award, Century 21,7100 North Atlantic Ave. Nis. Mary Jo Laws extended thanks to Century 21 and Ms. donna Linden, Broker, for their beautification efforts in the City. Quarterly Business Recognition Award — A.JT and Associates., Ms. Beth Foy, of the Business and Cultural Development Board, presented the Quarterly Business Recognition Award to Mr. Richard Wood of AJT who thanked the City for the recognition. Mayor Randels noted that the company has grown from its inception in Merritt Island and Port Canaveral. Mr. Wood informed that the company has City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2005 Page 2 of 8 created a system to treat wastewater to derive potable water. He explained how this wastewater treatment system was demonstrated for use in mobile homes. The company also developed an ozone disinfectant system with a 99.99 percent bacterial kill. He replied to Mr. Morgan that the mobile unit could treat up to 500 gallons per day. BOARD INTERVIEW: Shannon Roberts, Business & cultural Development Board Ms. Roberts affirmed for Attorney Garganese that the information on her application was true and correct to the best of her knowledge. Ms. Roberts thanked the Council and Board for the opportunity to take an interest in community involvement. She responded that through her 30 year background in the private industry and volunteering capacity at the State and Local level, she hoped to bring the experience to the Board. She hoped to categorize the City's business in order to strengthen partnerships. She also expressed the desire to work with the Board to celebrate the city's heritage and to showcase some of the inherent talents already present in the City. Mayor Randels reviewed Ms. Roberts extensive education and high level work experience to include Associate Director of Space Transportation at NASA. Mayor Randels related that a Resolution to appoint her to the Board would be placed on the next City Council Meeting Regular Agenda. CONSENT AGENDA r 'I. city council Regular Meeting Minutes of .duly 19, 2005. 2. Resolution No, 2005 -20; Appointing one Regular Member to the Community Appearance Beard. (Andrea Schaffner). 3. Fire Service Automatic Aid Agreement. Mayor Randels asked if any council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve Consent Agenda Item No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATION: 4. Motion to Approve: Proposal from Brown and Caldwell to conduct a Wastewater Rate Study in the amount of $20,000. City of cape Canaveral, Florida City Council Regular Meeting August 2, 2005 Page 3 of S Mayor Randels noted that the $15,000 cost estimate was based on a previous study. Mr. Marco (Mike) Rocca, Senior Consultant for Brown and Caldwell, stated that the scope of the study is to identify current system usage and rates and to project future rates while keeping the City fiscally sound. Mr. Morgan expressed his thought to delay the study for one year. Mr. Boucher affirmed that the City still anticipates units to come on line; however, the Public Works Director has embarked on a project to analyze plant facilities and ascertain upgrading needs. If the Council chose to wait, the City Manager requested to put the study in the 2005/ 2005 Budget. Council members agreed by majority to identify needs prior to analyzing rates. No action was taken on this item. ORDINANCES: Second Readin 5. Motion to Adopt: ordinance No. 13 -2005; Amending chapter 50; Regulating Sleeping and camping upon Public S and Sidewalks, Beach End Streets, Beach Dune Crossovers, Beaches and Parks, at second reading. Mayor Randels read Ordinance No. 13 -2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, REGULATING SLEEPING AND CAMPING UPON PUBLIC STREETS AND SIDEWALKS, BEACH END STREETS, BEACH DUNE CROSSOVERS, BEACHES AND PARKS, PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels noted the amendments that Council Member Petsos previously requested. First, the language relating to the City's dependency on tourism was removed. Second, the language in Item B reflecting the city dependency on tourism was also removed. Lastly, a new Section 7 was added to address sleeping or trespassing on private beaches or dwellings. Attorney Oarganese stated that there was also a change to subparagraph (f) at the request of the Sheriff's office to reflect the laws referring to situations caused by trespassing on private property would be handled by law enforcement. Mayor Randels clarified that if any person declares that they have no place for relocation, then the Sheriff's office has the duty to transport the person to the nearest facility or would transport them with assistance to a facility in another jurisdiction. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Ordinance Nor 13 -2005 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City council Regular Meeting August 2, 2005 Page 4 of 8 SITE PLANS: C. Motion to Approve: Revised Site Plan: Residence Inn — Allen Engineering, Applicant. Mr. John Allen of Allen Engineering was introduced to make amendments to the site plan. Mr. Todd Morley, Building Official, stated that 800 feet was added to the building in order to accommodate laundry chutes. Mr. Allen stated that the request reflects all changes to include the square footage. Mayor Randels read some of the incorporated changes as: pavement striping, valves and a change to the service connection in the pump room. Mr. Allen noted that a change was made to the gravity sewer line to eliminate the need for a pumping station. Mayor Randels stated that the city Engineers, the Fire Department and the Building Official reviewed the changes and the Planning and zoning Board reviewed the plans on July 13 th Mayor Pro Tern Hoog spoke on the excessive speeds of the oncoming traffic from the overpass bridge. Mayor Randels explained that the Port Manager agreed to relocate the 45 mile per hour speed limit to a point prior to the incoming city limits. Mr. Allen replied to Mr. Wood that a deceleration lane and a left turn lane would be installed. He informed that roadway resurfacing would occur. r Mr. Petsos expressed it is the Council's duty to develop the City in the safest way possible. Mayor Randels clarified that the developer had obtained the Florida Department of Transportation [FDOT] approval for the road cuts. Mayor Pro Tem Hoog expressed the difficulty in obtaining authorization from the FDOT for hazardous road mitigation Attorney oarganese explained that the FDOT did not choose to approve road planning on a case -by -case basis. However, some cities have developed an Access Management Plan to address and identify road hazard in a more comprehensive approach. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Revised Site Plan: Residence Inn, Allen Engineering, Applicants The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. city Manager • Mr. Boucher reported back to the Council from the previous Facilities Plan Meeting on July 28 Attorney Garganese drafted a Real Property Due Diligence Agreement. The parties recognize that the owner has 3.5 acres in which the city has an interest. The City would have 90 -days to conduct due diligence research in City of Gape Canaveral, Florida City Council Regular Meeting August 2, 2005 Page 5 of 8 order to make a decision. This would afford the City an opportunity to make a physical inspection of the property. The City could examine the title of the property and review for possible encumbrances. The City could obtain an appraisal from the Property Appraiser's Office. The property owner would also agree to not sell, convey, lease, assign or transfer the property during the 90-day period. If the City finds the property favorable, then the City would proceed to seek a sale and purchase contract under terms deemed feasible. Mr. John Jansen, of AJT and Associates, stated that he found the Agreement acceptable. He stated that it is industry standard that when a property is removed from the market, a deposit is placed on the property. He noted that an Escrow Account could be opened with Mr. John Kabbord , the company's Settlement Attorney. Mr. Jansen stated that a 3 to 5 percent in escrow of the $3.7 million asking price would be acceptable, although $100,000 was sufficient. Mayor Pro Tern Hoog asked about the statute in discussion at the previous meeting on design build projects. Attorney Garganese replied that the city is working from a vacant piece of property. He stated that there are two statutes in discussion: 1) Competitive Bidding for any projects over $200,000 and 2) the contractors Competitive Negotiations Act that also requires competitive bidding for public projects under $200,000. Attorney Garganese stated that if the building existed, the City would obtain the requisite number of appraisals and then purchase the building. Mr. Morgan questioned the statutory compliance to purchase the land and constructed building as a package. Mayor Randels clarified the concern of purchasing the land with a set of plans without seeking competitive bidding on the plans. Attorney Garganese stated further that competitive bidding would also apply to the contractor used in the actual construction. Mr. Jansen suggested that the council consider each of the Options during the Due Diligence Agreement time period. He stated that the $8 million option of selecting both Options would require a higher deposit. Mr. Boucher clarified that the 3.5 acres to include the State Road Al A frontage is under the Due Diligence Agreement. However, the building plan is for the one -acre parcel. Mayor Randels summarized that the council is discussing three separate options: 1 ] Option A, 3.5 acres, 2) Option B, one -acre with a building and 3] option C, both Options A and B. Mr. Jansen stated that none of AJT's options included construction on the 3.5- acre parcel. He replied to Mayor Pro Tern Hoog that purchasing the one - acre parcel with a building required a one -year completion time. Discussion continued on Statutory compliance in buying a complete building package. Attorney Garganese stated that he is reviewing two strict public bidding processes that apply to municipalities. He explained that municipalities are required to give 14 --days public �"`+ notice for their own staff to engage in construction projects. City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2005 Page 0 of 8 Mr. Jansen clarified that the project is not a design -build project it. It is already designed with construction to follow. Attorney Garganese stated that there are two different statutes, a design -build statute and a public construction statute. Mr. Morgan suggested that the City phase in its construction using the new land purchase. Mayor Randels expressed that he was not in favor of purchasing land with no plans for building construction. Discussion followed from a majority of the council members that purchasing the land is a good investment and in the best interest of the city. After deliberation, Mayor Randels concurred that the property purchase was in the best interest of the City. council's decision concluded unanimously to purchase the 3.5 acres of AJT property. • Mr. Boucher returned with a cost of $450,000 from Florida Power and Light to install the utility lines underground on Thurm Blvd. He stated that he could foresee to gain underground utilities was to implement the tariff system. • Mr. Boucher, Mr. Petsos and Representative Bob Allen met to discuss the gaming ship sewage dumping issue. Representative Allen will address this as a statewide issue. • Mr. Boucher stated that Mermaid Key, the mixed -use development, is scheduled for the August 16 th City Council Regular Meeting Agenda. • Mr. Boucher informed that he and the City's Stormwater Coordinator, Jeff Ratliff met with County commissioner Pritchard and his Stormwater coordinator Ron Jones in order to coordinate efforts on cleaning baffle boxes, street sweeping and sharing resources for project maintenance. He also met with him on road restoration. Mayor Pro Tern Haag commented on the state of disrepair on roads such a Brown Circle and Commerce Street. Mr. Boucher expressed his sentiments on City Employee, Carl Akery. 2. staff Public Works director s Mr. Gardulski informed that the Department is working on the decorative street lighting. • He replied to Mayor Pro Tem Hoog that the speed bump would be repaired. Building official Mr. Morley informed that Bayside Development was working on its final site plan. City clerk • Ms. Stills reported that school opens on August 8th and the School Crossing Guards are prepared to return to their posts. There will be four guards this year with two guards posted at Washington and Rosalind Avenue. City Attorney • No report. City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2005 Page 7 of 8 AUDIENCE To BE HEARD: • Mr. Leo Nicholas asked about the plans for the model shuttle. Mr. Boucher informed that the cost ranged from $20 to 80,000 in materials ranging from acrylic to concrete. Ms. Shannon Roberts explained that the model design was ready; however, additional funds were needed. She informed that much volunteer effort was expended on the project so far. Mr. Dennis Jenkins performed the design. • Ms. Shannon Roberts asked about the progress on North Atlantic Avenue project. Mr. Gardulski replied that Bell South was awaiting materials; once received, there is a two week completion time. • Ms. Roberts inquired about return of tax dollars from the county. Mr. Petsos would make this part of his report. • Ms. Roberts also asked about the covered bus stops for the residents. Mayor Randels replied that the city had a company called 20120 who was willing to deliver the stops; however, the stops were required to be located on the Florida Department of Transportation right-of-way. Location became a concern. • Ms. Roberts asked if a Homeland Security approach would gain more security in the jetty area. She explained that the nearness to the Port might gain support from Law Enforcement. • Mr. Nicholas replied that the Beautification Board had addressed a covered bus stop. Mayor Randels informed that the City of Cape Canaveral has the highest ridership in the beach area. He explained how the buses were reluctant to move out of traffic due to the difficulty to return to traffic and remain on schedule. I City council Mr. Bruns • No report. Mr. Petsos • Mr. Petsos requested a breakdown of how the city's tax funding used in the County. Mr. Petsos asked how many citations were issued for fireworks. Mr. Boucher replied that he would investigate results. He reported from the Fireworks Work Group that increased public education was a benefit. He informed that both the State and County are working in this issue. However, possession of fireworks is not illegal. • Mr. Petsos inquired about the status on the Brevard Metropolitan Planning Organization seat. Mr. Boucher asked for input to develop a letter. Mr. Morgan • Mr. Morgan expressed to see reclaimed water overflow discharged at the storm water park on Ridgewood Avenue and not dumped into the river. Mr. Gardulski .�- replied to Mr. Petsos that the reclaimed water, if available, is on at times for 24 hours. City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2005 Page 8of8 r Mayor Pro Tern Hoog • Mayor Pro Tem Hoog emphasized the need for a seat on the Brevard Metropolitan Planning organization. • Mayor Pro Tem Hoog asked about the stormwater cleaning efforts with the County. Mr. Boucher planned to review the Joint Projects that would apply with the County. Mayor Pro Tem Hoog asked about the new solid waste collection method and dumpster fumigation. He stated that more should be done to disinfect the dumpsters. Mayor Randels ■ Mayor Randels reported on finding homes for 100 baby pelicans housed at the Florida Wildlife Hospital. • Mayor Randels reported on a letter from occupational safety and Health Administration commending Todd Morley, Building Official for his interest in health and safety practices subsequent to a City employee falling through an unsecured skylight. ■ Mayor Randels reported favorably on the sidewalk installation on Poinsetta Avenue. * Mayor Randels informed that through the efforts of Congressmen Dave Weldon the Water Resource Bill passed. The goal of the bill was for the Federal government to pay the full $15 million cost to repair beach erosion caused by Port Canaveral jetties. Mayor explained how the Port implements a trap system to keep sand out of the channel. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:58 P.M. Rooky Randels, M YOR Susan tills, CITY CLERK