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HomeMy WebLinkAboutMinutes 03-04-2003 Regular , 3 5 I I c CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 4, 2003 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Council Member Bob Hoog Council Member Jim Morgan Council Member Richard Treverton Staff Present: ' C City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Assistant Public Works Director Walter Bandish Acting Building Official Todd Morley I BOARD INTERVIEWS: 1 Dennis R. Jenkins, Planning & Zoning Board Attorney Garganese asked if all questions were answered to the best of the applicant's knowledge. Mr. Jenkins affirmed. Mr. Jenkins stated that he is an engineer by training and found the Board's background relative to his interest. His site plan experience is in the space industry. Attorney Garganese inquired about his philosophy on vested rights. Mr. Jenkins replied that if a reasonable amount of time has transpired then vested rights would super cede the code. However, to the matter in question further thought is required on his part. Mr. Morgan stated that he would be an asset to the Board. Mayor Pro Tem Petsos expressed his appreciation for his interest and stated that Mr. Jenkins' manner of logic and common sense are valuable. Mayor Randels explained that the next step in the process is a Resolution on the next City Council Meeting Agenda to I appoint Mr. Jenkins to the Board. ' Ce 1 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting March 4, 2003 Page 2 PRESENTATION: Reclaimed Water Distribution System Improvements Study, Brown & Caldwell Mayor Randels explained that this presentation would provide input on the continued build -out for the reclaimed water system. Mr. Ted Hortenstine began his presentation by outlining the goals of the overall system: improved pumping efficiency, modifications to allow system build out, evaluate resource management options and to provide an opinion of probable costs for recommendations. He stated the initial purpose of reclaimed water: to remove effluent from the Indian River. Reclaimed water is now viewed as a critical service. He focused on two main issues: reclaimed water as a resource and reclaimed water for pumping and distribution. Mayor Pro Tem Petsos clarified that the City is committed to the City of Cocoa Beach only for distribution through an agreement and not to the Port. Some improvements considered for the water supply: additional operational storage such as aquifer storage and recovery well, also, installing another valve to allow easier tank cleaning. Mr. Hortenstine reviewed data analysis regarding meeting system demands. A system model was developed using H2ONet software to manipulate the system's data. Some improvements considered during the Modeling: A Conservation Based Approach, Zone Approach and System Build -Out to Include Remaining Streets. Mr. Hortenstine reviewed the cost for System Build Out and Recommendations. A recommended approach to System Build Out is a Phased Approach. Phase 1 and 2 would evaluate the effectiveness of improvements and determine if Phase 3 were needed. Phase 3 would provide additional storage. Phase 4 stated that system build out could be done over several years. Other improvements are to consider conservation measures during drought conditions. Mr. Hortenstine stated that reclaimed water has become a valuable commodity due to changing perceptions in water conservation. Mayor Randels stated the proposal provided no new insight to what the Public Works Director had already reported. He also asked to know when the finished system would be available and noted the expense to connect one household. Mr. Hortenstine explained that providing an uninterruptible service required more effort and the system was not established for such an operation. Mayor Pro Tem Petsos expressed that an informed decision could be made using the data provided along with a report from the City Manager on the reuse agreement with the City of Cocoa Beach. Mr. Boucher informed that Mr. Hortenstine would contact the Florida Department of Environmental Protection on some type of protocol with the onset of a dry season. Mayor Pro Tem Petsos pointed out that the City is still only using an average .55 and sending .77 million gallons per day to the river and stated that an additional tank might better conserve the resource. Mr. Paul Hurley inquired if any mechanisms were built -in for growth due to the Port. Mr. Hortenstine stated that the Port is self- sustaining on the reuse issue. Mr. John Pekar pointed out that the stormwater study gave consideration to infuse that program into the City of Cape Canaveral, Florida Y P , City Council Regular Meeting March 4, 2003 Page 3 reuse sytstem. The City of Cocoa is re- circulating stormwater through a plant however the City of Oviedo is using a chemical treatment process. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 18, 2003. 2. Resolution No. 2003 -08; Appointing an Alternate Member to the Business and Cultural Development Board. (Bill Leach). 3. Proclamation for Irish - American Heritage Month. Mayor Randels asked if City Council member, staff or interested party requested to remove an item from the Consent Agenda for discussion. There was no request to remove an item for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1, 2 and 3. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. . ! CONSIDERATIONS: 4. Design Proposal from Stottler Stagg & Associates for the North Ridgewood Avenue Stormwater Detention Basin in the Amount of 13,200. Mayor Randels expressed that this project would proceed as a pilot program. Mr. Pekar Y xP P 1 P P P 9 explained that on the road there are catch basins however he suggested a dry, recessed catch basin. This would prevent saltwater intrusion of the dune and would reduce down stream discharges. Mayor Randels stated for the audience that this project is proposed for the north end of Ridgewood Avenue. Mr. Pekar replied to Mr. Treverton that using Public Works staff might reduce cost however no exact cost analysis was considered at this time. Mr. Treverton introduced the feasibility of a design build plan into discussion. Mr. Nicholas suggested using the rest of the easement in the Harbor Heights area for stormwater drainage as well Mr. Hoog inquired about setting a lump sum price in this cost with a limitation not to exceed a set amount. The City Engineer will propose a design build project. 5. Renewal of the Landscaping and Mowing Service Agreement with Nick's Landscaping. Mr. Nick Stipanovich requested to increase the company's pricing due to additional mowing to accommodate Manatee Sanctuary Park, maintenance on additional trees and the growing season. Mr. Hoog asked about bagging and not blowing grass into the storm City of Cape Canaveral, Florida City Council Regular Meeting March 4, 2003 Page 4 4 drains. Mr. Stipanovich responded that his staff has been instructed to blow the grass back toward the property and not into the storm drains. This is the fourth annual renewal of the contract. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Renewal of the Landscaping and Mowing Service Agreement with Nick's Landscaping in the Amount of $102,940.44. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. 6. Proposal from J & S Curb/ Concrete for SR A1A Sidewalk and Drainage Improvements. Mr. Gardulski stated that J & S Curb was quoted considerably lower in light of the blanket purchase option. Mayor Pro Tem Petsos expressed concem with acquiring a contractor and then dispensing the bid to go out for quote. He requested to see the City use the bid process in light of an upcoming project. Mayor Pro Tem Petsos also inquired about the $19,200 cost for drainage improvements. Mr. Gardulski explained that sidewalk construction was restricting the flow of drainage and pipe is need under the sidewalks. The Florida Department of Transportation requires drainage improvements for the permitting process. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Proposal to J & S Curb/Concrete for SR A1A Sidewalk and Drainage Improvements in the Amount of $32,098. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. 7. Development Agreement with the Seaport Oceanfront Condominium Association, Inc., for a Perpetual Public Beach Access Easement. Mayor Randels inquired why the easement would be done contingent until the dedication of public access. He also pointed out that the landscaping requires a large amount of work on the City's part. Ms. Bea McNeely, Planning and Zoning Board Chair, stated that the City could not take a dedicated road and make a connection to a destination that does not belong to the City. Ms. Shannon Roberts expressed concem on behalf of Solana residents with the congestion due to vehicular as well as pedestrian traffic. She asked if public access is needed between Solana and Shorewood? Mr. Treverton related the resistance from the developers to provide any public beach access in that area and related where beach access was lacking. Attorney Garganese explained that the City would accept the site plan review and take possession of the easement and Item 7.0 would authorize the City to provide a crossover. Mr. Tom Garboski states that Shorewood owns the right -of- way however Mayor Randels clarified Towne Realty owns the property. Mr. Bill Craig expressed that he had no problem with the easement however his concern is with security C in that there were no requirements in the agreement for a fence. Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting March 4, 2003 Page 5 stated that an amendment could be made to the development agreement. Mr. Pat Salamone agreed that the developer would install the requested fence. Discussion followed on how the residents in the area would acquire access to the beach. Attorney Garganese stated that the developer can only give what is his however there is an additional part to consider regarding the Towne Realty portion to acquire beach access. Ms. Roberts stated that the residents in the area should be notified of continued discussion since the effects are significant to that community. Mr. Salamone stated that the Planning and Zoning Board has tied all three conditions to the agreement and no further construction can proceed without the conditions. Mr. Craig requested that the City Attorney draft the agreement with the proposed chain Zink fence consistent in height with the existing fence. Mayor Pro Tem Petsos requested the minutes from the previous meeting when Jim Boris made a commitment for beach access. Mayor Randels encouraged Ms. Roberts to attend the Planning and Zoning Board meetings for any further discussion. The Development Agreement amendments are: 1) City will take the easement upon effective date of the development agreement, and 2) the developer will construct a 6-foot chain link security fence equal to the north -side height within 60 -days. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Approve the Development Agreement with the Seaport Oceanfront Condominium Association, Inc. for a Perpetual Public Beach Access Easement as Amended. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For ORDINANCES: Second Public Hearing: 8. Motion to Adopt: Ordinance No. 02 -2003; Amending Code Sections 110 -334 & 110 -383; Adopting a New Section 110 -556; Providing for Supplementary Regulations for Vehicle Rental Facilities within the C -1 and C -2 Zoning Districts. Mayor Randels read Ordinance No 02 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110 -334 & 110 -383; ADOPTING A NEW SECTION 110 -556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C -1 & C -2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council removed this item from the table for discussion. Mr. Keith Duncan, of Hertz Agencies, asked if the existing agencies would be grand - fathered in. Attorney Garganese clarified that: 1) this ordinance does not affect any conditions already applied through previous special exceptions, and 2) the intent of the ordinance would apply to the new establishments. Attorney Garganese recommended language that clearly states, "these C conditions apply to any special exceptions granted after the effective date of this 1 s City of Cape Canaveral, Florida 1 City Council Regular Meeting t C k March 4, 2003 Page 6 ordinance." Mr. Hoog inquired about Section 556, Paragraph 8 regarding the 30 -day time limit. Attorney Garganese stated the need to eliminate Paragraph 8 since the time limit is i i addressed under the 72 -hour ordinance. Mayor Randels noted that the 72 -hour time limit 1 is in Chapter 34 -181. Mr. Boucher stated that Paragraph 8 would be removed and the ordinance re- numbered. 4 I 4 A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 02 -2003 amended as follows: "The requirements apply to any special exception approved after March 4, 2003 and strike sub - paragraph 8 and renumber accordingly. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. i i Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. i 9. Motion to Adopt: Ordinance No. 07 -2003; Amending Sections 22-37, 22-43 9 and 22-44 of the City of Cape Canaveral Code Relating to the Community 1 Appearance Board. Mayor Randels read Ordinance No 07 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 2247, 22-43 AND 22-44 OF THE CAPE CANAVERAL CODE RELATING TO THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR REPEAL OF PRIOR Nr rr INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION IN TO THE CODE, SEVERABILITY AND EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 07 -2003. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 10. Motion to Adopt: Ordinance No. 08 -2003; Providing for the Advance of Funds to Construct Required Sidewalks and Impose a Sidewalk Impact Fee, for second reading. Mayor Randels read Ordinance No. 08 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, RELATING TO SIDEWALK CONSTRUCTION; AMENDING SECTION 110 -475 OF THE t CAPE CANAVERAL CODE TO INCLUDE PROVISIONS FOR THE CITY TO ADVANCE FUNDS AND CONSTURCT REQUIRED SIDEWALKS WITHIN THE CITY AND THEN IMPOSE A SIDEWALK IMPACT FEE UPON NEW DEVELOPMENT ABUTTING THE SIDEWALK; PROVIDING FOR A METHOD FOR CALCULATING THE IMPACT FEE AND Ce' APPORTIONING THE COST OF SIDEWALK CONSTRUCTION TO PROPERTY t I City of Cape Canaveral, Florida City Council Regular Meeting March 4, 2003 Page 7 OWNERS RECEIVING THE BENEFIT OF THE SIDEWALK; PROVIDING FOR SEVERABILITY; REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. The Planning and Zoning Board forwarded the item back to the City Council with the position that imposing fees was not the Board's responsibility. Garganese replied to Mayor Pro Tem Petsos that for a minimal cost the City would pay the recording fee for the notice referred to in Paragraph 3. Mr. Tom Garboski asked if the City would maintain the sidewalk and make the future owner aware of the sidewalk's condition when payment is due. Mr. Gardulski stated that if the sidewalk is damaged during construction the contractor is responsible for repairs. Mayor Randels said that the City repairs sidewalks within the right of way. Mr. Todd Morley, Acting Building Official, asked if there were a mechanism to indicate when these fees are required. Mr. Boucher responded that a collaborative effort among Public Works, Finance Office and the Building Department would develop a plan for fees. Attorney Garganese stated that there is a recorded document. A plan would be presented at the next scheduled City Council meeting. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Adopt Ordinance No. 08 -2003 for second reading. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 11. Florida Department of Environmental Protection, Stormwater Permit Application. Mr. Boucher announced that the State office changed the deadline between May 1 and June 1, 2003. Mr. Bandish performed extensive research to prepare the correct forms. Mr. Boucher reported that the application is ready for submittal and would be mailed by May 2, 2003. REPORTS: 1. City Manager • Mr. Boucher reported that a local govemment liasion is needed for the St. John's Water Management District. Mr. Morgan accepted the position. • Mr. Boucher reported that Brevard County postponed the Water District Ordinance. • Mr. Boucher reported that he met with representatives from the City of Cocoa Beach on the Cocoa Beach reuse issue and stated their findings that the drought protocol is effective and also that they would like to extend the agreement for two years. • Mr. Boucher reported on the vested rights issue regarding Ms. Collette Cannon and Sand -in- the - Shoes. i i City of Cape Canaveral, Florida f City Council Regular Meeting March 4, 2003 I Page 8 C o City Attorney provided a synopsis: The Planning and Zoning Board had considered this issue Competent substantial evidence was provided th at the site plan was vested. A previous Council approved a final plat and the site plan approved was in compliance with the plat. Development is a two - phase project. The Planning and Zoning Board has denied the vested right claim. Ms. Cannon's attorney is preparing a Court appeal to the Planning and Zoning Board's decision. The fire truck turning safety has been removed from consideration. Attorney Garganese advised waiting until the appeal is filed to discuss potential litigation. Attorney Garganese stated that the Council could request that the Planning and Zoning Board reconsider their position. i A motion was made by Mr. Morgan and seconded by Mr. Treverton to request that the Planning and Zoning Board reconsider their position on the site plan review for r Sand- in -the- Shoes. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For There ttj'no fu R 'Hess, the Chair adjourned the meeting at 10:00 P.M. t p p ''t, w r `` '" ' Rocky Randels, � 11 A YOR F I M �j Susan :„, _ i i i x 1 I x t C; 1 1 i t i i