Loading...
HomeMy WebLinkAboutMinutes 02-03-2004 Regular f J i CITY COUNCIL REGULAR MEETING ,i c CITY HALL ANNEX 4 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 3, 2004 1 7:00 PM 1 3 MINUTES i CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 4 Council Members Present: 1 Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan { Mayor Rocky Randels f Council Member Richard Treverton 4 ! CP' Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Assistant Public Works Director Walter Bandish 1 Building Official Todd Morley CONSENT AGENDA: 1 I 1. City Council Regular Meeting Minutes of January 20, 2004. 4 2. Engineering Proposal from Stottler, Stagg, and Associates for the North /East A1A Sidewalk Project. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. I Mr. Treverton requested to remove Item No 2 for discussion. Mr. Trent Milliken asked if the Council planned to approve the minutes of the January ! c 20 City Council meeting. Mayor Randels asked Mr. Milliken if he desired to remove i 1 1 I 4 City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 2 of 9 Item No. 1 for discussion. He did not however he did desire to know if the meeting minutes would be approved at this time. Mayor Randels affirmed. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve the City Council Regular Meeting Minutes of January 20, 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For, Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSENT AGENDA ITEM REMOVED FOR DISCUSSION: 2. Engineering Proposal from Stottler, Stagg, and Associates for the North /East AIA Sidewalk Project. Mr. Treverton requested that the Council go to Code Section 110 -475 for clarification on how the Council established the power to construct sidewalks on unimproved property. Mayor Randels explained that in the interest of public safety the Council decided this past year to take action and fill in the small sections of sidewalk. Mr. Miller asked if the fee is deferred until construction? Mayor Randels read from Section 110- 475(g)(4) in that the sidewalk impact fee shall be paid by the property owner prior to a certificate of occupancy or final inspection being issued by the City for the property." Section (g)(6) makes provision for the City to withhold any certificate of occupancy or final inspection for the property if the property owner failed to pay the sidewalk impact fee. Mayor Randels asked for clarification if the fee is paid prior to the building permit or the certificate of occupancy. Mr. Todd Morley, Building Official, stated that the fee is collected prior to the issuance of the certificate of occupancy. Mr. Boucher stated that the City would notify the property owners of the impending assessment. Mr. Al Vicidomini asked if the ordinance would apply if a house existed on the property? Mayor Randels replied that this would apply to any and all property. Mayor Randels explained that Stott ler, Stagg has submitted a proposal to, 1) to determine the proposed sidewalk frontage for each owner, 2) to prepare the preliminary sidewalk cost estimates for each property owner, 3) to prepare two exhibits showing the sidewalk locations and 4) to present their findings at a public meeting. These tasks would take approximately 15 working days to perform the task and the City would post notice of a public meeting once the costs are established. Mr. Nicholas asked if the engineering costs are included in the final assessments. Mayor Randels affirmed. Mr. Treverton replied from the ordinance on a final question about meandering in that the sidewalk shall normally abut a property line. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve the Engineering Proposal from Stottler, Stagg, and Associates for the North /East AIA Sidewalk Project. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida 1 City Council Regular Meeting February 3, 2004 Page 3 of 9 44 c CONSIDERATIONS: 1 I 3. Motion to Approve: Interlocal Agreement to Study the Feasibility of a Regional Biosolids Facility. Mayor Randels explained that previous discussion established that the Council desired to pay a percentage portion of the biosolids study based on the City's portion of sludge. Mr. Gardulski presented a cost of $1,629. He expressed that a feasibility study was needed and the study would determine the facility location and transportation costs. Mr. Gardulski concluded that there is economy of scale with all parties working together. A motion was made by Mr. Treverton and seconded Mr. Miller to Approve the Interlocal Agreement to Study the Feasibility of a Regional Biosolids Facility in the Amount of $1,629.00. The vote on the motion carried 5-0 with voting as follows: 1 Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Engineering Proposal for the Design of the Lift Station #1, Sewer Force Main. Mayor Randels explained that this is a 39- year -old sewer force main on Washington 1 co Avenue. Mr. Walter Bandish, Assistant Public Works Director, stated that this force main accepts distribution from another lift station and covers approximately five- eighths of the City at 4,500 in length. Mayor Randels stated that Brown and Caldwell submitted a proposal of $21,000 for the design of a sewer force main. Mayor Randels replied to Mayor Pro Tem Hoog that $200,000 was budgeted to replace the force main. Mr. Ted 1 Hortenstine of Brown and Caldwell, Inc. stated that a proposed replacement cost was outlined in the proposal and he noted that crossing State Road A1A as a major cost. Mr. Hortenstine replied to Mayor Randels question on flow through the canal area that if the canal was configured to accept the distribution through its uncovered pipe area Mayor Randels summarized that this project would be a wise preventative action. I A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Mogan to Approve the Engineering Proposal for the Design of the Lift Station #1, Sewer Force Main. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mr. Morgan, For Mayor Randels, For and Mr. 1 Treverton, For 1 5. Motion to Approve: Cooperative Purchase of Landscaping Services from Vila and Sons Landscaping for the North Atlantic Avenue Sign. 1 1 Mayor Randels pointed out that the sign under discussion is a City sign at North Atlantic 1 Avenue on Port property. The proposal includes landscaping, mulch and irrigation. The item is not a budgeted item and would be appropriated from Reserve Funds. The i Beautification Board highly recommends the project. Mayor Pro Tem Hoog asked if Mr. 1 i i 1 J City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 4 of 9 Gardulski planned to backlight this sign. Mr. Gardulski affirmed that he would add backlighting if that were the Council's desire. Mr. Gardulski stated that the existing palms would be relocated with no guarantee of survival. He related that this sign's landscape design was a scaled down version of the State Road AlA sign. Mayor Pro Tem Hoog asked why the existing palms were being removed? Mr. Gardulski replied that the palms could remain. Council agreed by majority to retain the existing palms. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Cooperative Purchase of Landscaping Services from Vila and Sons Landscaping for the North Atlantic Avenue Sign as Recommended by the Beautification Board in an Amount of $4,176.19. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Approve: Emergency Medical Services Agreement with Brevard County. Mayor Randels explained that this agreement is made with Brevard County to provide First Responder Services through the Cape Canaveral Volunteer Fire Department. The Fire Chief recommended approval and he noted a 3 percent increase over the previous year. This year's return amount to the City is $30,713.90. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve the Emergency Medical Services Agreement with Brevard County. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Appointment of an Intergovernmental Representative to the Space Coast League of Cities. Mayor Randels stated that the Space Coast League of Cities requests a representative from the City for this Committee. Mayor Randels asked Mayor Pro Tem Hoog if he desired to participate. Mayor Pro Tem Hoog affirmed. Mayor Pro Tem Hoog asked if any other Council member desired to participate? The nomination stood as presented. A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the Appointment of Mayor Pro Tem Bob Hoog as the Intergovernmental Representative for the Space Coast League of Cities. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Ce City of Cape Canaveral, Florida City Council Regular Meeting , February 3, 2004 Page5of9 I c ORDINANCES: SECOND PUBLIC HEARING: 8. Motion to Adopt: Ordinance No. 32 -2003; Vacating a (12) Foot Wide Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 of Avon by the Sea, at second reading. i i I Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, 1 BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE -FOOT WIDE ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5, 10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON-BY-THE-SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3,257 SQUARE FEET, MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCE AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. I Mayor Randels summarized the Ordinance as a petition to vacate an alleyway to correct an error due to a prior Resolution to vacate the alleyway in 1973. The Resolution to vacate was conditioned upon certain subsequent construction that did not occur. He expressed the City's concem of any possible use of the land. The adjoining property owners have consented to the vacation of the alleyway referring to Items 6, 23, 24, 26 and 28. The petitioners have awaited action from the City since August 15, 2002. The Brevard County public records reflect that there was no vacation of the alleyway, Item No. 66 from Forrest Rooker, Land American Title Agent. The issues between the property owners of Lot 11, 12 and 13 regarding access were resolved with a Final Judgment ending in a Civil Lawsuit between the owners in Items 77 and 83. 1 1 out that R.M. Packard performed a survey to establish if there Mayor Randels pointed o pe Y were any public utilities in the alleyway. Mayor Randels stated that the last date stamped was December 17, 2004 and showed no utilities located. Attorney Jason Hedman had nothing further to present. Attorney Garganese stated that by operation of law when the City vacates a right- of -way the property, if surrounded by private property, is split in the middle and divided to each side. Mr. Al Vicidomini asked if the City would provide a survey and place a monument marker to determine where the middle of the alleyway is located. Attorney Garganese replied that the City's responsibility would be to adopt the ordinance vacating the right -of -way. The legal description of the property that is being vacated is attached to the ordinance and the City records those documents in the County public records and that action constitutes the vacation. From that point, it is the responsibility of the property owners to mark to the center of the line. The ordinance in the public records i r would assist the surveyor in establishing the line. By operation of law the property belongs to the owner on each side of the road unless the owner owns on both sides of the road, then they own the whole. Mayor Randels asked for a final time if there were any other public comment. r C There was no further public comment. I 1 City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 1 Page 6 of 9 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Adopt Ordinance No. 32 -2003; Vacating a (12) -Foot Wide Alleyway Adjacent to Lots, 5, 10, 11, 12, 13, 14 and 15 of Block 75 of Avon -by- the -Sea. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2004 -08; Removing an Alternate Member of the Code Enforcement Board. Mayor Randels read Resolution No. 2004 -08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels summarized that this action came before the Council as a result of statements made by Mr. Lars Holfve on his Code Enforcement Board application . Mr. Boucher referred to a letter dated January 29 that he received a reply from the Swedish Consulate in Philadelphia who concurred with Mr. Holfve's summation. Mr. Treverton inquired about the letter of January 29 Mr. Boucher informed that this letter was presented to the Council in hard copy. Mayor Randels read the letter from the Swedish Consulate. Mayor Randels also referred to a letter from Mr. Kurt Ronstrum, a resident, who supported that Mr. Hotfve did have the equivalent of a higher education degree. Mr. Miller said that he believed that it was not Mr. Holfve's intent to deceive the City on his initial application. Comparison of the education system was difficult. Based on the latest letter from the Swedish consulate, Mr. Holfve has what is equivalent to a Bachelor's degree. At this point, Mr. Miller considered his application accurate and stated he should not be removed. Mr. Treverton agreed with Mr. Miller's assessment. Mayor Randels expressed his satisfaction based on the documents received. Mayor Pro Tem Hoog expressed that Mr. Kurt Ronstrum and the woman from the Consulate were now changing what they had originally said in previous documents, but the issue could terminate at this point. Ms. Lotte Fredette stated that Mr. Holfve wrote in his applications that he had a Bachelor of Science degree in Business Administration. She expressed that Mr. Hotfve overstated his level of schooling and he should have written that he graduated from the Gymnasium. Ms. Fredette stated that it was not prudent to give false information. Mr. Morgan asked Ms. Fredette what she would do if she were a Council member. Ms. Fredette replied that she expects people to tell the truth and the Council needs to make a judgment based on that. 1 C Mr. Treverton replied to Ms. Fredette that his lack of knowledge of the Swedish language 1 A City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 7 of 9 i C and school system left him to rely on the report of the Swedish Consulate and he accepted the latest report. Resolution No. 2004 -08 failed. 1 1 DISCUSSION: 10. Sister City Visit, Vila Do Bispo, Portugal. Mr. Boucher informed that he spoke with Mr. Jose Martin, Vila Do Bispo, City historian, regarding a visit to the United States. He explained the requirements for a visit to Mr. Martin. The usual protocol when a Sister City visits is to present a City seal and provide a tour of the City. Mayor Randels related that a visit from Guidonia, Italy resulted in a large number of visitors. Mr. Boucher would establish the plans. Mr. Treverton reminded of the success of the Mayor of Kloten, Switzerland's visit. Mr. Treverton informed that Ms. Sylvia Cowen, a resident of Cape Canaveral and a native of Brazil, is fluent in Portuguese and is i willing to assist as interpreter. Council directed the City Manager to proceed with plans. 1 BR OM 1. City Manager i • Mr. Boucher presented the mid -range salary increase for department heads. The I c increase amounted to $38,500 annually and $25,000 for the rest of 2004. Council concurred. Mr. Treverton pointed out that the Building Official's amount was significantly lower on the mid -range increase. Mr. Boucher replied that the Building Official has an upcoming evaluation and the tools are now available for adjustments. • Mr. Boucher informed that there would be a Brevard County Transportation Impact Fee Meeting on February 11"'. Currently, $180,000 is available to the City. The funds could be used for roadway improvements. There is another $40,000 available from Towne Realty for a total of $220,000 for the intersection of North Atlantic Avenue. Historical data would be updated to include mast arm design. • Mr. Boucher reported that the Stormwater billing was distributed and Council may receive calls. • Mr. Boucher reported that the City newsletter is forthcoming and Lamar Russell agreed to the Board highlight section. The City Manager plans to use a new distribution company and the newsletter would go out to registered voters in both Cape Canaveral and Avon-by-the- Sea. Mayor Randels asked to see an article on the First Responders. Mayor Pro Tem Hoog suggested recognition of Fire Department's new members as well as those that have been awarded specific credentials. 2. Staff Public Works Director • Mr. Gardulski reported that the Baffle Box project on International Drive is experiencing some construction setbacks. The project will resume when the correct size screens arrive. • Mr. Gardulski reported that the Stormwater project on Ridgewood Avenue has been 3 graded. J 1 i I City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 8 of 9 • Mr. Gardulski informed that he met with Vila and Sons and plans would proceed to stake the landscaping and install the sod and irrigation system. • Mr. Gardulski replied to Mayor Pro Tem Hoog that he would contact Vila and Sons on February 4"' regarding the City sign. • Mr. Treverton informed that he and the Public Works Director walked the Canaveral ditch. Mr. Gardulski related that he envisioned the ditch as a culvert. Mr. Morgan noted that future development might correct the existing site plan. Mr. Treverton asked about the area from Central to State Road AIA. Mr. Gardulski replied that access is a problem. He informed that there is a ditch easement with no access as well as a sewer line only easement to the property lines. He preferred to see 20 -foot easements in the future. • Mr. Gardulski stated that he planned to place the inmate contract and the approval for a sidewalk on Washington Avenue on the next Council agenda. Building Official • Mr. Morley related that Building C of Bayside Condominiums does meet the setback requirement. • Mr. Morley reported that Madison Cay, the Sand-in-the-Shoes project has ceased due to setback issues. The setback requirement was not met and subsequently permits were not issued. Attorney Garganese stated the developer could go forward while under plan review at his own risk. Mr. Morley informed that the developer signs a notarized affidavit stating that they are at risk copies of which were forwarded to the developer's attorney. City Clerk 1 • No report. 1 City Attorney • Attomey Garganese reported on the forthcoming Temporary Sign Code, Temporary Storage Containers and Fireworks Sales Facilities ordinances. The draft ordinance was submitted to staff for Adult Arcades. AUDIENCE TO BE HEARD: 1 3. City Council Mr. Miller : • Mr. Miller inquired about annexation in light of an annexation study by the City of Cocoa Beach for its north and south. He asked if the City Manager would contact them to share the costs of the Avon- by- the-Sea area. Mr. Boucher replied that four to five year ago he did a study and he could update this data with the City Planner's assistance. He stated that the City newsletter would extend a welcome to the Avon residents and encourage them to discover what Cape Canaveral has to offer. • Mr. Miller also inquired about the model shuttle project Mr. Boucher replied that Mr. Rob Blucheck, Shuttle Project Volunteer, is compiling a list of tools and materials. Mr. Boucher would solicit volunteers with metal fabrication skills for assistance. Plans will continue. 1 1 Mr. Morgan • No report. i I I City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 9 of 9 4 Ce 1 Mr. Treverton 1 • Mr. Treverton pointed out the benefits of using the microphones for the sake of those l who transcribe the meeting minutes. • Mr. Treverton also pointed out that video may be forthcoming and using the sound system now might prove beneficial when video is included. s > Mayor Pro Tem Hoog • Mayor Pro Tem Hoog related the reuse system as his main concem. • Mayor Pro Tem Hoog commended the City sign. Mayor Randels • Mayor Randels announced that April 17 is the date of the Annual Trash Bash. The plan is to organize efforts to clean State Road 528 causeway from Kelly Park to the Port. • Mayor Randels pointed out changes in the Florida Today layout. He stated that every City in Brevard County has dedicated space in the Local Section to report on City activities. He encouraged staff to utilize the space. • Mayor Randels reported that Susan Smiley- Height would sponsor an Editor's Day Out when the Manatee Park Pavilion is completed. • Mayor Randels reported on a Florida League of Cities seminar on February 25 entitled "How to Take Your Hometown Message to Tallahassee." • Mayor Randels reported that he cut the ribbon at Coldwell- Bankers and noted housing prices in Cape Canaveral. He stated that the City has really been discovered. • Mayor Randels reported that another illegal residence clearing that took place at Cherie Down Park. • Mayor Randels summarized the Rowe v. City of Cocoa lawsuit in that a City Council has 1 the right to restrict discussion from a non- resident during a Council meeting. Attorney Garganese stated that the court recognizes that the presiding officer has the right to make i those types of rulings on Council procedures. t • Mayor Randels recognized that Wyatt Wemeth, Chief of Ocean Lifeguards, presented new hazard flags for Brevard County beaches that will be used statewide. ! • Mayor Randels thanked the City Clerk for providing a recent Attorney General's Opinion regarding Add -On items to public meeting agendas. !` • Mayor Randels recognized and thanked Attorney Garganese for providing recent written guidance to Council members regarding conversation with residents who have pending litigation with the City. `` • Mayor Randels informed about concrete power poles that carry both transmission and «° distribution lines. He asked the City Manager to check into the use of this style of pole to reduce the number of utility poles in the City. ADJOUR f 116 1 The ` being no furthe iness, the Chair adjoumed the meeting at 9:20 P.M. R L $, ' r Rocky Randels, MA YOR . flirt . S u' ' ° • _ , CI_ M- , Y t y k S