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HomeMy WebLinkAboutMinutes 06-03-2003 Regular CITY COUNCIL REGULAR MEETING C; CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 3, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills } Public Work Director Ed Gardulski Fire Chief Dave Sargeant, CCVFD CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 20, 2003. 2. Resolution No 2003 -19: Appointing A Regular Member and One Alternate Member to the Recreation Department. (B. Specht, Regular Member and G. Petre, 1 Alternate Member) 3. Resolution No. 2003 -20; Re- Appointing Members to the Business and Cultural Development Board. (J. Coates, E. Foy, C. Smith and Wm. Young) 4. Proclamation for National Small Cities and Towns Day. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 2 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 an item for discussion. A motion was made by Mayor Pro Petsos and seconded by Mr. Treverton to approve Consent Agenda Item No. 1 through 4. The vote on 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: 5. Development Agreement with Solana Lake, Inc. Mayor Randels provided the background stating that Solana Lakes as a required part of its site plan agreed to construct roadway improvements on North Atlantic Avenue for vehicles turning east into the development. Mr. John Allen, Project Engineer and Mr. Maath Bennett were available for questions. Mayor Randels asked about the length of the acceleration and deceleration lanes. Mr. Allen stated that such lanes already exist however the road is being expanded westward to install a turn lane. No expansion would occur on the east side of the street. Florida Power and Light [FPL] has agreed to bury their power lines. Mr. Boucher said that the Council could agree with the stipulation of FPL's action on the buried lines. Mr. Morgan asked if the property owners on the west side were notified. Mr. Bennett affirmed and said the property owners on the west side anticipate the buried power lines. Mr. Treverton asked if the City needed the County's approval. Mr. Boucher ti replied that the development firm would seek approval from the County. Mr. Allen explained that plans would be finalized for the County once the firm ascertains where FPL will bury the lines. Mr. Nicholas inquired about the length of buried lines. Mr. Bennett replied from Southgate Mobile Home Park to just south of the old Post Office. Mayor Randels clarified that the distribution lines are being buried, not the transmission lines. Mayor Pro Tem Petsos inquired about the medians and asked if green space were considered. Mr. Hoog related that the City of Cocoa Beach has problems with raised medians. Chief Sargeant replied that they do incur a traffic problem. Mayor Randels referred to the Canaveral Tree ordinance and noted that the developer would donate trees to the Manatee Sanctuary Park. He also commented on alleviated congestion on North Atlantic Avenue. Mayor Randels asked about retaining the pedway/ bikeway. Mr. Bennett stated that it would remain but it could be decreased. Mr. Morgan clarified that the City ordinance calls for five feet. Mayor Randels summarized the consensus of the Council to provide the widest possible pedway/ bikeway allowable. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 3 C ie Mr. Treverton asked if a curb is proposed on the west side. Mr. Allen stated that the intent was to minimize the impact to the adjacent property owners. Mr. Treverton also inquired about some curb cuts on the west side. Mr. Allen replied that he has the approval of the owners. Mayor Randels summarized that the County has the final approval on this agreement. Mr. Bennett stated that FPL has projected September as the completion timeframe to bury the power lines. Mr. Boucher will execute the agreement contingent upon confirmation by Florida Power and Light to bury the lines. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Development with Solona Lake, Inc. The vote on 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: 6. Motion to Adopt: Ordinance No 14 -2003; Amending Section 42 -26 of the City Code Relating to Duties of Chief of Police. Mayor Randels read Ordinance No 14 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 42 -26 OF THE CAPE CANAVERAL CODE RELATING TO DUTIES OF CHIEF OF POLICE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERBILITY 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. 14 -2003. The vote on 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. Motion to Adopt: Ordinance No. 15 -2003; Amending Chapter 38 of the City Code Relating to Fire Protection Services. Mayor Randels read Ordinance No. 15 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO FIRE PROTECTION SERVICES; 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. 1 City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 4 : C There was no public comment. i A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 15 -2003. The vote on 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. 8. Motion to Adopt: Ordinance No 16 -2003; Amending Chapter 18 of the City Code; Providing for Civil Emergency Powers and Measures; Providing for the Duration and Termination of a Declared State of 1 Emergency. i I Mayor Randels read Ordinance No 16 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES; PROVIDING FOR CIVIL EMERGENCY POWERS AND MEASURES; PROVIDING FOR THE DURATION AND TERMINATION OF A DECLARED STATE OF EMERGENCY; PROVIDING FOR THE PROHIBITION AGAINST UNCONSCIONABLE PRICES DURING A DECLARED EMERGENCY; PROVIDING FOR VIOLATIONS PENALTIES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND 1 PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. 1 I A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to 4 Adopt Ordinance No. 16 -2003. The vote on 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. i i DISCUSSION: 1 9. Reuse System. Mr. Gardulski submitted a reuse system packet that showed the existing lines. He planned to target the customers that have paid and are awaiting service. Mr. Treverton inquired about new customers. Mr. Gardulski replied that there are 600 existing customers and approximately 50 new customers. Mr. Ted Hortenstine of I Brown and Caldwell, Inc. stated that the customers would receive lines but no E service until their fee is paid. Mr. Gardulski stated that the fee is $475 for residential service and $500 for commercial property. Mr. Boucher replied that this cost is for the plumber to install the service. Mr. Morgan asked if any plumber could install the meter. Mr. Boucher replied that the plumber awarded the bid installs the meter. Mr. Morgan expressed that any qualified plumber should be allowed to install the meter C ' to avoid additional costs to the customer. Mr. Treverton inquired about the back- t I City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 5 i flow device and asked if this was part of the service. Mr. Hortenstine affirmed. Mayor Pro Tem Petsos requested to review reuse service at the July 1 Council meeting as well as the requirement for the contracted plumber. i Mayor Randels made a point of order that the discussion is the streets on which to continue service. Mayor Randels stated that the streets in question are Adams, f Monroe, Tyler and Lincoln Avenues. Mr. Boucher stated that Council has two t avenues a design build project or pursing the bid process. Mr. Hortenstine explained that a design build project would determine cost up front instead of preparing specifications for an open bid process. Mayor Randels inquired about an absence of customers on Monroe Avenue on the plans and if so why is it included. Discussion clarified that the blocks included are 100 through 600 block of Monroe Avenue. Mr. Morgan asked the City Attorney if he should abstain from the vote on Adams Avenue due to a personal construction project on that street. Attorney Garganese asked if the Council's decision would determine if Mr. Morgan would acquire reuse. Mr. Gardulski stated that Mr. Morgan already has access to service. The City Attorney determined that Mr. Morgan had no conflict. Mr. Hortenstine clarified that the Public Works Director's intent is a systematic approach to continue the reuse line. Mr. Gardulski replied to Mayor Pro Tem Petsos's question on how the streets were chosen and said by the greater number of waiting customers. Mr. Treverton referred to the 300 block of Lincoln Avenue and noted ten potential customers and he asked if ten laterals would be installed. Mr. Gardulski affirmed. a Mr. Nicholas asked if reuse lines were available on the east side of North Atlantic. Mr. Gardulski replied that permitting was required to carry the line across North Atlantic Avenue. Mayor Randels reminded that the cost of crossing the road is not passed on to the customer. Mr. Petre said that the City should notify the property owners on the four proposed streets. Mr. Gardulski affirmed that notification would be performed. Mr. Gardulski replied to Mr. Nicholas' question on reuse hours that f water is on 7 to 10 A.M. and 6 to 10 P.M. Mr. Hoog asked if any grants would be pursued. Mr. Boucher replied that the St. Johns River Altemative Water Source Grant would be available in November. Mr. Hoog asked if cost of connections would decrease with a grant. Mr. Boucher replied that meter and back flow devices could be reviewed in a later time with possible price breaks due to volume. Mayor Pro Tem Petsos inquired about converting the reserve tank into a reuse tank. Mr. Hortenstine replied the firm is looking at converting the reject storage tank into an I, actual storage tank. He stated that the Florida Department of Environment Protection would need to approve this proposal. The proposal would include a tank cover, two new pumps and piping modifications in order for the City to utilize the existing tank. With a protocol in place, staff could react to the tank acting in a reject mode. Mayor Pro Tem Petsos inquired about the time line. Mr. Hortenstine replied , completion within one month. Mr. Treverton asked why the City of Cocoa Beach did not request water during drought conditions. Mr. Gardulski replied that their tank I was not in service. I i 1 City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 6 , Ce A motion was Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve the Recommendation from Brown and Caldwell, Inc. for the First Phase of Reuse Water System Extension on the Streets of Adams, Monroe, Tyler and Lincoln Avenues. The vote on 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 REPORTS: 1. City Manager • Mr. Boucher announced that Council would have options for the 319 Stormwater Grant on the next meeting Agenda. Council needs a resolution committing to perform the Baffle Box Project with a 40% grant match. St. John's has contracted with Amee Adams and Gordon England to prepare the grant. Mr. England is performing the engineering on the three baffle boxes at Center Street, Holman Road and at the west end of West Central Blvd. They were asked to review the canal however they did not find it qualified for this grant, even if the walls were shored or culverted. Council needs to decide on the number of baffle boxes to apply. Mayor Pro Tem Petsos expressed the desire of the Council to continue with the canal as a recreational spot. Mr. Morgan stated that the City should pursue the easements needed to maintain the canal. • Mr. Boucher referred to a request from the Cocoa Beach Area Chamber of Commerce asking for $10,000 from member donations to purchase fireworks I for Ron Jon's Fourth of July event. Mayor Randels reported that Tony Hernandez is 1 making a contribution and asked if the City would follow suit. Discussion followed on the percentage of funding expected from the City. Mr. Morgan expressed that the City should help in some way and personally contributed $250. Mr. Hoog expressed 1 concem with using tax dollars for something credited to a private enterprise. • Mr. Boucher invited the Council to schedule a Goals and Action meeting. The date and time was set for June 17 from 1:00 to 5:00 P.M. ' 2. Staff Public Works Director • No report. j Fire Chief 1 • No report. 1 City Clerk • Ms. Stills reported that the Supervisor of Election's Office has mailed Financial } Disclosure Reports and encouraged Council members to leave a copy of their report in the City Clerk's office. The Supervisor of Elections office maintains the record copy. City Attorney • Attomey Garganese reported that a complaint was filed against Mr. Milliken seeking a Court injunction to prevent his beekeeping operation. City of Cape Canaveral, Florida City Council Regular Meeting _ June 3, 2003 l Page 7 3. City Council Mr. Morgan • Mr. Morgan referred to a site plan for curb cuts at the end of Monroe Avenue. He stated that he reviewed the project with Mr. Allen and he has since revised the plan. Mr. Morgan reported that in the plan one parking space would be lost. Mayor Randels said that one space actually denotes three City spaces and he was not in favor of eliminating those parking spots. Mayor Pro Tem Petsos restated that the developer should consider his access from the alleyway in order to make a wide enough tuming radius. Mr. Morgan said that the Planning and Zoning Board approved the revised site plan. Mayor Randels stated that the rest of Council was ill { at ease with relinquishing City parking spaces for a right -of -way for a private developer. Discussion followed on access from the alleyway. Mr. Boucher stated that staff is working on developing access from the alleyway. Mayor p� 9 Yw Y• or Randels Y summarized that the Council desired to retain the same number of City parking 1 spaces. Mayor Pro Tem Petsos requested including language in Chapter 98 of the City code to retain beach end parking spaces. Mr. Boucher restated from the previous meeting that the developer is allowed access but not the most convenient access. Mr. Hoog • Mr. Hoog inquired about the old Knot House building. Mr. Boucher stated that the C e Building Department sent notice on the building permit's expiration. Mr. Treverton • Mr. Treverton inquired about the new City of Cocoa Beach sign ordinance. Mr. Boucher fumished him a copy of the ordinance. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about recommendations for Board member qualifications. Attorney Garganese replied that work is in progress. • Mayor Pro Tem Petsos asked about the polo shirts for Law Enforcement. Mr. Boucher said that a letter was sent. Mayor Randels • Mayor Randels referred to a Citizen's Academy Request for Information in the Datagram. The City Clerk's office is compiling research on how to gain adult resident's participation in teaming about City services. • Mayor Randels reported that Space Coast Area Transit is rated 1e in productivity. • Mayor Randels reported that he received the Govemor's budget that show zero funding for cultural programs. • Mayor Randels announced that the Govemor would sign Bill 601 tentatively on June 10th. • Mayor Randels reported that the Homeland Security Act name was changed to Wartime Supplemental Appropriation. Mayor Randels encouraged the Public Works Director to acquire funding for the security camera at the facility gate. ' , City of Cape Canaveral, Florida , i City Council Regular Meeting , ; June 3, 2003 i 3 Page 8 : ce • Mayor Randels reported that the City Manager's action on speeding with the help 1 I of Law Enforcement captured media attention. 1 • Mayor Randels gave an update on feral cats in that the Florida Fish and Wildlife " Commission did decide that stray cats face eviction from public lands to protect rare , 1 birds and other animals. Their position is to protect Florida wild life. Mr. Boucher stated that he proactively made a request to the feral cat colony owners to remove 1 those colonies at the beach ends. i , • Mayor Randels reported on a change of command. Chief Mary Ward will take i i charge of the Coast Guard on Friday, July 11 , • Mayor Randels announced the Keep Brevard Beautiful Awards Banquet on , I Saturday, June 7th please contact Marianne Huston if you plan to attend. 1 • Mayor Randels distributed a Wild Life Guide sponsored by the Environmentally , , , Endangered Lands committee. ' i AUDIENCE TO BE HEARD: ] i • Mr. Gene Petre inquired about acreage that the City leases from the Port Mr. i Boucher replied that the Recreation Board has been tasked to review this land for i 3 recreation purposes. Mr. Petre pointed out that there is no access. Mr. Boucher 1 responded and affirmed that there was no access. Mayor Randels explained that i this designated IITF property is the City's to use if the ditches can be cleared. Mr. ; I Morgan suggested using the land for stormwater mitigation. Mr. Nicholas replied , i that the City acquired a lease to deter development and if the City plans to develop c the land, the Port must be notified. • Mr. Nicholas asked if any further action would be taken on the peacock i 1 population. Mr. Boucher replied that no standard of measurement has been set at i this time. Mr. Nicholas requested further findings. i , i ADJOURNMENT: 1 , I There • - ,;.," 1 1 - -)'■ ess, the Chair adjourned the meeting at 930 P.M. f L. QQ I2 rL , i '<I R4 9 1,r ,, of• k Rocky Randels,'MAYOR .. ... Susarili • )1 = ,- v .e. C