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HomeMy WebLinkAboutMinutes 04-20-2004 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 20, 2004 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton C ri Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Building Official Todd Morley Mayor Randels expressed his sincerest apologies to the Council, the City Clerk, Board members and staff for his absence from this year's Board Appreciation dinner. Mayor Randels announced that Mr. Stan Kammerude of Stan's Hardware passed away. Mayor Randels said that Stan had been a member of the community for 40 years and he will truly be missed. Mayor Randels called for a moment of silence. PRESENTATION: Presentation from Fainrilla Megastore to the City of Cape Canaveral Mr. Vinnie Russomanno of the Fairvilla Megastore presented a check for $4,083.20 to the City Manager toward beautification of Manatee Sanctuary Park. Funds were raised during a recent fundraising event. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 2 of 8 Spring Single - Family Beautification Award Mr. Leo Nicholas, Beautification Board Chairperson, explained that each quarter the Beautification Board presents an outstanding award to a resident or commercial property in the City. This quarter acknowledged the Single Family category. Mr. Nicholas informed that the Beautification Board also posted "We Noticed" recognitions on properties that displayed landscaping improvements. Mr. Nicholas said that the Board would forward Mr. Craig Donceel of 625 Manatee Bay Drive his plaque and gift certificate since he was not available to receive them. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 6, 2004. 2. Proclamation for National Public Works Week. ?`a 3. Resolution No 2004 -14; Appointing One Alternate Member to the Community Appearance Board (R. Wasserman). Mayor Randels asked if any Council Member, staff or interested party desired to remove an Item from the Consent Agenda for discussion. No request was made to remove any item for discussion. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve Consent Agenda Items No.1 through 3. 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 Mr. Randels informed that the theme of this year's Public Works week "Focused on Our Community" was a befitting title. CONSIDERATIONS: 4. Motion to Approve: Cooperative Purchase of Landscaping Services with Vila & Son. Mayor Randels informed that this project had been ongoing for seven years for the City's south entrance sign. The project will be completed in three phases. Mr. Gardulski informed that Vila and Sons has performed many of the Florida Department of Transportation landscaping projects, the City's north entrance sign, the Port's welcome sign and the Al Beautification project. Mr. Treverton asked if any vegetation would be lost if the sign is moved. Mr. Gardulski replied that room was available for the design concepts. The concept plan is similar to the landscaping at the beach end signs. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Ce Page 3 of 8 A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve the Cooperative Purchase of Landscaping Services with Vila and Son in the Amount of $8,462.00 for Landscaping of the City's South Entrance Sign on State Road A1A. 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. 5. Motion to Approve: Proposal from J & S Curb, Inc. to Construct Sidewalks in the Amount of $30,187. Mr. Gardulski explained that this approval is for sidewalk installation on two sides of the perimeter area to the south and west of Yogi's Discount Beverage store as part of the landscape project. Mr. Nicholas summed up that the existing sign removal and project's cost totaled approximately $40,000 total. All agreed that the potential benefits outweighed the costs. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Proposal from J & S Curb, Inc. to Construct Sidewalks in the Amount of $30,187. 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: Award Bid No. 04-01, Wastewater Treatment System Improvements to Waterline Industries Corporation in the Amount of $917,677. Mayor Randels explained that this project was initiated as a result of the study done by Brown and Caldwell, Inc. Mr. Gardulski explained the three elements of the project as: 1) to increase the storage and pumping capacity of our reuse water system, 2) to replace the chlorine feed system with a sodium hypo - chlorite system and 3) to make improvements to the laboratory ventilation system. Mr. Gardulski emphasized the safety factor of implementing the new chlorine system. Mr. Gardulski stated that two of the three items are impact fee eligible excluding the laboratory ventilation system maintenance. Mayor Randels informed that this project is a budgeted item and explained how sewer impact fees can be used to address the expenses of the City's growth. Mr. Treverton asked if only three bids were received. Mr. Gardulski affirmed. Mr. Treverton noted that the project costs were within 5% on each proposal. He also inquired how the company would perform the project since they are based in New Hampshire. Mr. Ralph Dumke replied that the company has a local office in Melbourne. The company has performed projects for the City of Cocoa Beach and is currently performing a project for the City of Melbourne. He explained to the Council that the company would recruit local labor to perform the work stating that it is the equipment that caused the bulk of the project's expense. Mayor Randels replied to Mr. Sean Schaffner's question on using the low bidder in that inability to perform the project is the criteria that would disallow them the i v i City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 1 C Page 4 of 8 award. The City is not however required to use the lowest bidder. Staff performs inquires i of other cities to find out if the intended bidder delivered quality service. , i A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Award of Bid No 04-01, Wastewater Treatment System Improvements, to the Low Bidder, Waterline Industries Corporation in the Amount of $917,677. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; j Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For 1 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No 06 -2004; Adopting a New Division Entitled Code Enforcement Citations, at second reading. 1 1 Mayor Randels read Ordinance No 06 -2004 by title. i AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, THROUGH THE ADOPTION OF a A NEW DIVISION ENTITLED CODE ENFORCEMENT CITATIONS; PROVIDING FOR A 1 CIVIL CITATION PROGRAM; PROVIDING THAT CITY CODES MAY BE ENFORCED BY CIVIL CITATION WHEN SPECIFICALLY PROVIDED FOR BY THE CITY CODE; I ( ` A CITATION FORM AND PROCEDURES; PROVIDING FOR VIOLATIONS AND �„+� PENALTIES; PROVIDING FOR CITATION CONTEST PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 1 INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. i Mayor Randels explained that this ordinance was first heard on April 6th where changes were made to the Class 11 fine amount to $200 and to the effective day to within 30 days of 1 the adoption. Mayor Randels read the ordinance whereas clauses in their entirety. Mayor Randels explained that the intent of this ordinance is to project the health, safety and welfare of the general public. Mr. Treverton asked if the Citation Classification code applied to all violations incurring penalties. Attorney Garganese said that currently this ordinance would apply only to the fireworks ordinance however application procedures could expand in the future. I Mr. Treverton revisited the $200 fee for a Class II violation and asked the Council if $100 would be a more reasonable fine. Discussion followed and Council agreed to retain the $200 fine. Mayor Pro Tem Hoog commented on enforcement and said, for a first offense the child would be delivered home with a warning, and on a second offense the child's parents would be cited. The Building Official stated that the fine for this ordinance could evolve based on necessity. Mr. Schaffner expressed that there are an excess of fireworks on July 4 that point to a definite need for ticketing to gain public awareness that this is a problem. Mayor Randels explained that the City plans to rent mobile signage to inform the public that discharging fireworks in the City would result in a fine. 1 1 l I I City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Cie Page5of8 Mr. Boucher informed that his office would issue a press release to inform the public of the impending fine as well as publish an article in the City newsletter. Ms. Bea McNeely emphasized that a $200 fine would get the public's attention. Mr. Nicholas asked if the fine is a fixed amount of $200. Mayor Randels affirmed. Mr. Boucher said that fireworks discharge would incur a $200 fine per occurrence. Attorney Garganese stated that the Court has the authority to increase the amount up to $500. Attorney Garganese replied to Mr. Schaffner that a Civil Judgment would occur if the violator fails to pay or contest the citation. Council agreed to retain the $200 fee in the Class I1 category. Attorney Garganese referred to a Draft Citation form that was included in the Agenda packet and the form would be approved by Resolution at the next City Council meeting. Mr. Treverton expressed that he favored the paperless citation system. The Sheriffs office would look into the potential of a digital citation method as used in the City of Melbourne. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 06 -2004; To Adopt a New Division Entitled Code Enforcement Citations, at second reading. 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. Mayor Randels acknowledged Mr. Jim Tuggle, Supervisor of Waste Management, Inc. Mr. Tuggle solicited the audience for any comments, suggestions or concerns on the City's �► solid waste service. Mr. Morgan related that the service people damaged newly planted landscaping at his home. Mr. Tuggle made note of his concern. Ms. Andrea Schaffner, of 506 Tyler Avenue, inquired about the driver's responsibility when lifting the large dumpsters stating that it sprayed debris over the back of the truck. Mayor Randels replied that all trash should be containerized within a dumpster. Ms. Schaffner also related that a driver had made turns using her front yard so she installed a stake to deter this practice, now the driver is using her driveway to make the turns. She expressed concern with the impact of the trucks weight on the driveway. Mr. Tuggle replied that private drives are not to be used and made note of her concern. He also said that he and the Code Enforcement Officer are addressing community issues in an effort to make the service more effective. Mayor Randels informed that if any resident has a concern with solid waste service they should call Kim McIntire the City Manager's Administrative Assistant. Mayor Randels concluded that due to the Monday yard waste pick -up, the City benefits aesthetically for the remainder of the week. 8. Motion to Adopt: Ordinance No. 07 -2004; Amending Chapter 78, Utilities; Providing for the Mandatory Connection to the City's Sewer System Where Available, at second reading. Mayor Randels read Ordinance No. 07 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES; PROVIDING FOR THE MANDATORY CONNECTION TO THE CITY'S SEWER SYSTEM WHERE AVAILABLE; City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page6of8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels reviewed the proposed changes to the code: 1) connection shall take place 365 days following notification, and 2) the owner or plumber contemplating the work shall notify the Public Works Director. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 07 -2004 at second reading. 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. I ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No. 08 -2004, Amending Code Section 110-352, Providing for Distance Requirements for Fireworks Sales Facilities, at first reading. Mayor Randels read Ordinance No 08 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING DISTANCE REQUIREMENTS FOR FIREWORK SALES FACILITIES WITHIN THE LIGHT INDUSTRIAL (M -1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels read the ordinance whereas clauses in their entirety. Mr. Treverton stated that currently there are no pre - existing fireworks sales facilities. Mr. Boucher replied that this ordinance would establish the location for any subsequent facility once one is established. Mr. Morgan requested a map citing where the facilities could be located. Mr. Nicholas inquired too about the possibility of a fireworks facility in proximity to the tank storage facilities in the M-1 Zoning district. Mr. Boucher replied that space was too limited to construct a facility near the storage tanks, however the City Planner developed a map of all available property within a 1,000 foot possible radius. The map will be included in the next Agenda packet. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 08 -2004 at first reading. 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. C•f' 1 City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page7of8 REPORTS: 1. City Manager • Mr. Boucher reported that the next City newsletter is due for publication in May. Council member were encouraged to provide input. • Mr. Boucher informed that staff has been working on the annexation issue. He expressed some observations: beach front zoning districts are R -3, many non - conforming uses are present, minimal or no beach -end parking, some roads are inverted and storm drainage needs attention. He also reported a tax base of $64 million. Mr. Boucher expressed that if studies support that annexing the Avon -by- the-Sea result in a financial concem for the City of Cape Canaveral, then he would not recommend continuing the pursuit of annexation with the Counal. He would provide additional information some time in mid -May. • Mr. Boucher informed that the City Manager of Cocoa Beach would like to hold a joint meeting with the Cape Canaveral Council and the Brevard County District Representative to address re- locating the Freedom 7 Center. Mr. Boucher replied that a position paper outlining what the organizations needs are would help to address the issue. Mr. Boucher will relate to Mr. Billies that the Council is willing to meet given further information. 2. Staff Public Works Director • Mr. Gardulski announced the upcoming bid for the Reuse project. Building Official • No report. City Clerk • Ms. Stills announced the annual Cape View Elementary Third Grade visit that includes a tour of City Hall, a tour of the Canaveral precinct and a mock City Council meeting for the student participants. The activity is schedule for Wednesday, April 28 beginning at 9:30 A.M. City Attomey • Attomey Garganese informed that he distributed a draft Intent to Sell Land Agreement. • Attorney Garganese also informed that he prepared the Benko Construction Agreement for the staging project area at the end of Center Street. AUDIENCE TO BE HEARD: There were no comments from the audience. 3. City Council Mr. Miller • No report. City of Cape Canaveral, Florida City Council Regular Meeting April 20, 2004 Page 8 of 8 Mr. Morgan • No report. Mr. Treverton • No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog reported on the intended Brevard County Charter Review committee. The proposed County Charter would take over much of the authority granted to the cities by Municipal Home Rule. Council concluded that the City newsletter could be used to educate the public of this activity. Mr. Boucher informed that the Double Exemption on property taxes could result in a roll forward and a subsequent increase for some taxpayers. Mayor Randels stated that 421 homes in Cape Canaveral are appraised at under $50,000. Mayor Pro Tem Hoog encouraged Council members to attend next year's Legislative session. He would also attend the Elected Officials Institute in Orlando. Mayor Randels • Mayor Randels commented on the City's foresight to establish an ordinance prohibiting Adult Arcade entertainment centers. • Mayor Randels restated that Cape Canaveral would have 421 homes with $4,968,540 of property value that would not incur taxes under the Double Exemption method of property appraisal. • Mayor Randels informed that Cape Canaveral was chosen for an Earth Day celebration on Thursday at Cherie Down Park • Mayor Randeis announced that Cape View Elementary is having their 6 Grade final awards ceremony at Cherie Down Park on Monday, May 17th. Mayor Randels will acquire permit exemption from Brevard County for the park use. • Mayor Randels related the events of a pit bull that knocked down one resident and attacked a pet on a leash at the City's playground. He commended the Sheriffs deputies for going door -to -door to locate the owner. • Mayor Randels reported on the benefits of defibrillator use. • Mayor Randels announced that he has an opportunity to go to Washington and speak regarding a Senate Bill for $318 billion and a House Bill for $270 billion outlining transportation issues. ADJOURNMENT: ThArAerng no , usiness, the Chair adjourned the meeting at 9:22 P.M. - a Rocky Randels, `MAYOR .1 ' Its GM( C • K