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HomeMy WebLinkAboutMinutes 05-21-2002 Regular CITY COUNCIL REGULAR MEETING ; CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 21, 2002 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director PRESENTATION: Govemment Finance Officer's Association Award to the City Treasurer. Mr. Boucher presented the Government Finance Officer's Association Award to Andrea Bowers, City Treasurer in the form of a Certificate of Achievement for excellence in financial reporting. Mr. Boucher expressed pride on the City's behalf for continued merit in this area. Ms. Bowers highly commended her department for their work in achieving this honor. Proclamation for Chamber of Commerce Week. Mayor Randels read the proclamation for Chamber of Commerce Week in its entirety and presented it to Ms. Kymberly Van Konijnenburg. Ms. Van Konijnenburg thanked the City and encouraged continued partnerships with the local small businesses. 5 C City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2002 Page 2 BOARD INTERVIEW: Recommended Applicant for the Community Appearance Board — Paul Hurley. Attorney McQuagge asked Mr. Hurley if he had a preference since he had also interviewed with the Business and Cultural Development Board. Mr. Hurley expressed that he had no preference of Boards. Attorney McQuagge asked Mr. Hurley for background information on the experience that he could provide to the Community Appearance Board. Mr. Hurley expressed that he loved the area and with his retirement he planned to give time to the community. He desires to see the City continue to grow and remain as attractive as it is now. He responded to Attorney McQuagge that he did not have a problem sitting in judgment on community standards issues. Mr. Hurley also replied that he has had to make difficult decisions in the course of his work. Council members individually expressed their gratitude for his interest. Mr. Hurley replied to Mr. Treverton's question in that he has had past interaction with high- ranking government officials on his visit to Washington, D.C. Mr. Hurley replied to Mayor Pro Tem Petsos that he has previously mentored and worked with at -risk children which was his purpose for going to Washington, D.C. Mayor Randels commented on Mr. Hurley's notable works as well as how he applied his experience. Mayor Randels informed Mr. Hurley that resolutions to appoint him to both of the Boards would be on the next City Council agenda. Mayor Randels recognized Representative Bob Allen of House of Representatives District 32 who presented the re- districting map that identified his newly designated districts. Representative Allen gained the Orlando Airport area and more of southeast Orange County at the loss of a portion of St. Lucie County. He stated that the Supreme Court has approved the district and there are two additional steps in the Federal Court process. Representative Allen noted that the City is now teamed with the City of Orlando, Orange County. This would encourage support from the twelve members of the Orange County Delegation. He considered this a great asset to the City in that all the other House seats are within the County of Brevard. Representative Allen requested to work with the Council to develop a strategy. He stated his philosophy on funding as not to tax and spend and he also stated that once the boundary is set in the State budget he felt it his obligation to pursue funding for projects. Representative Allen noted that his background is in economical development as well as working with local government. Representative Allen reported that his committee assignments are to preside on the Appropriations for Transportation and Town Development Committee and the Main Appropriations Committee that oversees insurance and other issues. He reported briefly on the largest bill passed, the Citizen's Plan on Insurance, in which the legislature redefined the windstorm and joint underwriter programs for insurance for homeowners on the coast. Previously windstorm was subject to Federal tax with a substantial anticipated increase each year This action initiated a Federal tax exempt program in the State that saved $86 million tax payments. This money would in turn be invested S $ I City of Cape Canaveral, Florida City Council Regular Meeting + May 21, 2002 Page 3 , back into the system. Representative Allen explained that due to Florida's narrow width, all state residents should share the cost of the windstorm risk. He concluded by saying that he has District offices in Merritt Island and the Orlando Airport. Mayor Pro Tem Petsos suggested that Representative Allen receive a copy of the City's Goals and Objectives meeting. Mr. Treverton suggested that he also receive the City's Metropolitan Planning Organization priorities. Mr. Weber questioned when the redistricting would take place. Representative Allen stated all should conclude within 60 days. Representative Allen reminded that health insurance issues are crossing all factions however tackling one system is beneficial. Mayor Randels requested a copy of the re- districting map. Representative Allen replied that the Senate, House and i Congressional district maps would be forwarded to the City. 1 CONSENT AGENDA: I Mayor Randels asked if any Council Member, staff or interested party desired to remove r an item from the Consent Agenda for discussion. i 1. City Council Regular Meeting Minutes of May 7, 2002. 1 2. Resolution No. 2002 -17; Re- appointing a Regular Member to the Business and Cultural Development Board. (Bertie Edwards) I C 3. Amendments to the 2001/2002 Budget and City Treasurer's Quarterly Report. 1 4. Banana River Blvd., Sanitary Sewer Force Main Replacement, in the amount of $32,710 to Prime Construction Group, Inc. Mayor Pro Tem Petsos requested to remove Item No. 3 for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Approve Consent Agenda Items No. 1, 2, and 4. The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1 Consent Agenda Items Removed for Discussion: 3. Amendments to the 2001/2002 Budget and City Treasurer's Quarterly Report. Mayor Pro Tem Petsos expressed support of the laptop computer purchases for Commander McGee and Lieutenant Young however he would like to see the Port pay their shared portion of the cost. Mayor Pro Tem Petsos also expressed that : C approximately $101,000 in interest is being lost and expressed that the monies left with 1 s 1 1 t 1 City of Cape Canaveral, Florida City Council Regular Meeting I May 21, 2002 Page 4 i C the State Board of Administration are receiving a low rate of return at 1.95 percent. Ms. Bowers replied that Bonds are being considered. He called for action taken on this matter before another quarter passes. Mayor Randels questioned why an All- Terrain Vehicle (ATV) for the Sheriffs Office was not considered during the normal budget cycle. Mr. Boucher responded that the ATV has been in disrepair and there is a need for it with the impending summer season. Mayor Randels and Mayor Pro Tem Petsos both requested to know how often the vehicle is used. Mr. Morgan asked if the last ATV was purchased through the Sheriffs budget or through City funds. Mr. Boucher replied that the vehicle is used fairly often and that the City pays for capital equipment. Mr. Morgan clarified that the City supplies the funding in their contract. He asked if there were any I use in other communities in order to share that cost. Mr. Boucher replied that he would need to confer with Commander McGee on any possibility of mutual aid between the communities. i A motion was made by Mr. Morgan and seconded by Mr. Weber to Approve Consent Agenda Item No 3 contingent upon the Port Authority paying their shared portion of the costs for the laptop computers. The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. 1 Treverton, For and Mr. Weber, For. 1 ORDINANCES: Second Public Hearing: i C 5. Motion to Adopt: Ordinance No 02 -2002; Amending the Official Zoning Map as Described in Section 110 -246 by Changing the Class of Certain Property from R -2 to M -1 on 4.601 Acres and R -2 to C1 on 5.375 Acres. Mayor Randels read Ordinance No 02 -2002 by title. 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R -2 RESIDENTIAL TO M -1 INDUSTRIAL ON 4.601 ACRES AND R -2 RESIDENTIAL TO C -1 COMMERCIAL ON 5.375 ACRES; AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Jack Kirschenbaum introduced himself as the representative of the applicant. He acknowledged Mr. Randy May who represents Mr. Hermansen as trustee on the property. Attorney Kirschenbaum provided background on the request. He stated that the ordinance had been postponed several times and expressed that as of now, under i the City's Comprehensive Plan, the front parcel is C -1 and the rear parcel is M -1 on future land plan. Attorney Kirschenbaum stated that the requesting parties thought that the re- zoning would be concurrent with the Comprehensive Plan. However, the Department of Community Affairs has approved the C -1 zoning on the front parcel and i C M -1 on the rear parcel and the City could not go against its Future Land Use Plan. At 1 1 I I i City of Cape Canaveral, Florida 1 City Council Regular Meeting , May 21, 2002 Page 5 : C I this time, the requesting applicant is now asking for residential zoning to remain on the previously requested M -1 parcel Attorney Kirschenbaum stated that the applicant would like to leave the rear parcel as R -2 zoning. Mayor Pro Tem Petsos asked for clarification on a letter that requested to have the entire parcel zoned as C -1. Mr. Weber inquired if Attorney Kirschenbaum's proposal would require another Comprehensive Plan Amendment to return to C -1 zoning. Attorney McQuagge explained that Attorney Kirschenbaum's withdraw of the modification to the rear parcel and his request for the C -1 zoning front parcel are within what is approved on the City's Future Land Use Map. Mr. Treverton asked if the request would pose a problem. i Mr. Todd Peetz, City Planner, stated that the only requirement for a small -scale plan amendment is a twelve -month separation period between changes. The applicant cannot submit another small -scale plan amendment within the twelve -month adoption period. Mayor Randels inquired if what was proposed in the advertisement would be questioned. Mr. Peetz explained that the notices allow the Council to listen to arguments for or against the request. Mr. Peetz stated that the twelve -month period only affects this parcel, however other Comprehensive Plan amendments could still be done. Attorney McQuagge responded to Mr. Treverton's question on the ordinance in discussion and stated that from a standpoint of public notice, he would prefer an ordinance that correctly reflects the applicant's intention. Attorney McQuagge stated 1 C that minimal re- drafting of the ordinance is required to specifically indicate the withdrawal request on the rear parcel and a request for C -1 zoning on the front parcel. This would require returning to the Council for another reading. Attorney Kirschenbaum i asked if the Council and City Attorney preferred a written request to withdraw the M -1 zoning request on the rear parcel to which Attorney McQuagge agreed. Mayor Randels I I clarified that deleting the portion of the ordinance that reads, °R -2 (Residential) to M -1 (Industial) on 4.601 acres. Mr. Boucher stated that due proper public notice would require a reading at the June 18 meeting. For clarification of the record, Attorney McQuagge stated the prudence of having the first reading on the June 18 meeting to accurately reflect the applicant's request. Mayor Randels concluded that at the applicant's request for a change in Ordinance No. 02 -2002 as originally read, he is amenable to tabling this matter until the June 18 meeting. i motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to A mot n a y y Y table Ordinance No. 02 -2002 until the City Council meeting on June 18 The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem j Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 6. Motion to Adopt: Ordinance No. 09 -2002; Amending Code Section; 110 -137, Procedures for Amendments and Rezoning. u � Mayor Randels read Ordinance No. 09 -2002 by title. ; 4r-i; fi a "s , I 1 City of Cape Canaveral, Florida '' City Council Regular Meeting May 21, 2002 Page 6 I lie AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 110 -137, PROCEDURES FOR AMENDMENTS AND REZONING, 1 BY AMENDING THE NOTICE REQUIREMENTS TO PROVIDE FOR WRITTEN NOTIFICATION TO ALL AFFECTED PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 1 A motion was made by Mr. Morgan and seconded by Mr. Treverton to adopt Ordinance No. 09 -2002 at second reading. There was no discussion on the ordinance. The vote on the motion carried 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For Mr. Jim Tuggle, General Manager, of Waste Management expressed that the company is evolving to become more proactive in its service. New program implementation, training and safety are its focus and the company is taking a competitive stance in the waste management industry. He stated that a new program called "Service Machine" is being implemented in which drivers, customer service and management are striving to attend to customer needs. This attention begins with the drivers who would identify problems and resolve them before customers call. Mayor Randels commented that the company has decreased staff size and pointed out staffing changes. Mr. Tuggle reported that the 1 company is moving toward full -time employees in opposition from using day labor. Mr. Tuggle stated that the long as well as short-term goals are two drivers in every truck. He : C explained that this would decrease the need for temporary labor. Mr. Tuggle informed that the company's driver trainer is also a third party tester with the State in order to help staff obtain the Commercial Driver's Licenses. Mr. Weber spoke favorably of the company and toward their work in the community. Boucher reported that a future rate increase is eminent. i 1 ORDINANCE: First Public Hearing: i ' 7. Motion to Adopt: Ordinance No 10 -2002; Amending Code Sections; 26 -2, 26- 3 and 26 -4, Relating to the Qualifying of Candidates; Providing for the Time of Qualification for Municipal Elections, for second reading. I Mayor Randels read Ordinance No 10 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA RELATING TO QUALIFYING TO RUN FOR MAYOR AND CITY COUNCIL, AMENDING SECTIONS; 26-2, 26-3 AND 26-4, RELATING TO THE QUALIFYING OF CANDIDATES FOR OFFICE OF MAYOR AND CITY COUNCIL AND WRITE-IN CANDIDATES; PROVIDING FOR THE TIME OF QUALIFICATION FOR MUNICIPAL ELECTIONS; 1 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney McQuagge clarified that only Sections 26 -3 and 26-4 would be amended. : C A motion was made by Mr. Weber and seconded by Mr. Treverton to approve the ordinance for second reading, deleting Section 26-2. Mayor Randels summarized that l Y 5 s 4 4 City of Cape Canaveral, Florida a City Council Regular Meeting May 21, 2002 Page 7 NW i Section 46 of the Elections Reform Act of 2001 changed the date of the First Primary Election to the second Tuesday in September and eliminates the Second Primary for the I Year 2002 for testing purposes. In order to meet the new schedule, the City would need to change its qualifying date. Mr. Treverton inquired if this amendment would remain. Mayor Randels stated that this amendment would remain and our qualifying would begin earlier by changing the time period to the 63 and the 74 date prior to the General Election. Mr. Nicholas inquired about length of time. Mayor Randels replied that the qualifying period I would encompass a two -week period. Mayor Pro Tem Petsos requested that the City Clerk notify the incumbents of the new qualifying time period dates. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. ' DISCUSSION: 8. Report on the Status of Sewage Lift Station No. 4 Project, Santa Cruz Construction. Mr. Ed Gardulski, Public Works Director, reported that construction has been progressing and is on target with the revised schedule. The project is past the critical point and the pump and de -water mechanisms will be removed afterwards. Mr. Gardulski replied to Mayor Pro Tem Petsos and citizens are being kept informed and they are taking decibel i mw readings. Mayor Randels stated that he noticed the sound barrier placed around the I project. Mr. Darks Rodriguez replied that preventatives are being taken to alleviate concerns. Mr. Gardulski stated that there would not be a need for de- watering and restated that the project is on schedule for the projected deadline of June 17th. I il 9. Stormwater - Demonstration Project. i l Mr. Morgan suggested to select an area for a "prototype" from the curb to the sidewalk, an approximate area of 8-feet plus, using a depressed area as a prototype for the first run of water. Mr. Morgan stated that on most property the first inch or two of water floods into the streets where all the impurities flush into the storm drains and proceed to the outfalls. Mayor Randels inquired on how to divert the water horizontally. Mr. Morgan stated that some driveway would depend on steepness and how they slope. He stated further that most driveways crown in the center with some runoff. Mr. Morgan stated that with the Ridgewood area right-of- -way in discussion, much water could be cleaned. Mr. Treverton queried if perhaps others had tried Mr. Morgan's concept. Mr. Morgan commented on the kind of percolation in the natural soil on the beach and said that the type of soil conditions do not hold water long and therefore percolates. He stated that during a flooding rain a certain amount of water is held but we might eventually run out of water, however if water could be cleaned up, it would be beneficial some years in the future. Mr. Treverton stated that new construction mandates water retention. Council members clarified that a certain percentage of water retention is required. Mr. Morgan explained that with an existing 1 , ce , driveway a swale is an option. Mr. Gardulski responded that such a concept is being i p i ggg i City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2002 Page 8 1 C considered for larger developments. He said that he is reviewing the plans and he is I working on easements in order to move the sidewalks into the City's easement and away from the road right -of -way that would allow for a green space. Mr. Nicholas asked if there I were any environmental grants available to retain the water in the driveway outskirt. Mr. Morgan replied that curved, pervious cement or a swale was recommended on past paving permit applications. Mayor Randels concluded that the City Manager and Public r Works Director would contact the St. John's Water Management District with this concept. REPORTS: 1 1. City Manager 1 • Mr. Boucher informed about the peacock issue and reported that there are about 150 in the area, however the Brevard zoo does not wish to take the birds. • Mr. Boucher thanked the City Clerk's office for their assistance with this year's volunteer Board Appreciation dinner. • Mr. Boucher requested scheduling a workshop meeting on the storm water utility. A I meeting date and time was set for Tuesday, June 18, 2002 at 5:00 P.M. I • Mr. Boucher commented on the final report of the 18 -month Al A Arterial Study and distributed a copy to the Council I 2. Staff I Mr. Gardulski • Mr. Gardulski reported on the waterline project on SR 528. The project is behind I schedule with an anticipated completion time of July this year. Cleaning and pressure testing are forthcoming. • Mr. Gardulski also reported on the potable water line on W. Central and Blvd. & Commerce Street. Mayor Pro Tem Petsos inquired about no open -cuts on roads policy and requested that the installation company adhere to the policy for City streets. i • Mr. Gardulski reported that the easements to date granted on Al A have been recorded. • Mr. Gardulski also reported that Stottler, Stagg is working on the landscape design for the City sign. • Mr. Gardulski stated that the warehouse feasibility study is in progress. • Mr. Gardulski reported on the possible elimination of the chlorine system next budget year and the implementation of a bleach system. • Mr. Gardulski also reported about a Class A sludge project that would develop fertilizer for the right -of -ways and parks as well as reduce equipment fees on sludge. This concept would provide 100 percent recycling of wastewater by- products. x ' City Clerk • Ms. Stills thanked those who were able to attend the City Board Appreciation Dinner. • Ms. Stills thanked Mayor Pro Tem Petsos for his participation in the 3` Grade Class visit on Friday, May 17th. • Ms. Stills reported that the upgraded imaging system in the City Clerk's office is I cf operational. 1 1 City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2002 Page 9 City Attomey • Attomey McQuagge related a request from the Community Appearance Board to expand their review criteria to include exterior modifications of commercial establishments on A1A.The Board would have a narrow addition to expand their review criteria restricted to a commercial structure on A1A frontage on exterior modifications that have a visual impact, at the discretion of the Building Official. Mr. Weber also suggested including Atlantic Ave and reminded of the group from Naples that had requirements that included paint colors. Attorney McQuagge stated that additional information is needed for the Board to use during discussion that would address the business community. AUDIENCE TO BE HEARD: • Mr. Leo Nicholas requested clarification on the rezoning request for C -1 on the front of a parcel and M -1 on the rear of that same parcel on North Atlantic Avenue. He suggested clarification from the City Planner. Mr. Boucher explained that the applicant has now committed himself to a twelve -month moratorium on the rear parcel. Mayor Randels stated that the applicant expressed a desire to change from C -2 to C -1 during the previous meeting. Mr. Nicholas stated that the Planning and Zoning Board had originally I recommended C-2 on the front arcel and M -1 on the rear p parcel. Mr. Nicholas also stated that the Planning and Zoning Board takes the preliminary measures on a rezoning request prior to said request proceeding to the Council. • Ms. McNeely stated that there is a one -year time period to make the maps correspond. • Mr. Dave Lackstrom, Villages of Seaport, President, inquired about the procedure on Ordinance No. 02 - 2002. Mayor Randels stated that adjacent property owners would be notified prior to the first and second reading. Attomey McQuagge replied that he had the option to attend the meeting with findings of fact. Mr. Lackstrom also asked for information on reclaimed water and back flow preventors. Mr. Gardulski would make this information available. 3. City Council l � Mr. Morgan • Mr. Morgan inquired about an electrical extension on the dais to connect the laptop computers. Staff would provide a more easily accessible connection. • Mr. Morgan encouraged a prototype for the stormwater retention. Mr. Weber • Mr. Weber expressed thanks for the Board dinner and expressed that he would like to see more Board members attend. • Mr. Weber asked for a copy of the City goals and objectives meeting minutes. Mr. Treverton • No report. Coy Mayor Pro Tem Petsos • Mayor Pro Tem Petsos thanked the City Manager for the daily status reports. imam City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2002 Page 10 • Mayor Pro Tem Petsos inquired about the progress on the leak in the Council Chambers. Mr. Gardulski replied that he planned to gain assistance from the original contractor to repair damage in the wall. Council agreed by majority that the repair is a high priority. • Mayor Pro Tem Petsos reported on the 3 Grade visit and reminded about the student's request for more sidewalks in the City. Council members agreed to budget for completion of a direct sidewalk from Cape View to the City Hall area. The students also spoke about less pollution and run-off into the rivers and ocean and they suggested more volunteer projects and trash pick -ups as well as additional trashcans on the beach. • Mayor Pro Tem Petsos expressed appreciation for Boardwalk dedication. Mayor Randels • Mayor Randels inquired about the status of the north entrance sign. Mr. Boucher replied that RKT's subcontractor would de -muck the area at a contracted cost of $12,000; Stottler, Stagg and Associates would follow with the design/ build concept based on the sign that was previously submitted. • Mayor Randels also inquired about the status of the south entrance sign, Mr. Gardulski reported that no headway had been made with the property owner. • Mayor Randels inquired about the status of the Washington Park dedication. Mr. Gardulski reported that the pedestal for the plaque is on order. • Mayor Randels reported on the Sheriffs assistance with sexual predators in the area and stated that of the previous thirteen persons, seven remain. • Mayor Randels reported that the City made national news coverage at the ribbon cutting for the Dedication of the 39"' Space Congress. • Mayor. Randels inquired about the color versions of the City's zoning, existing land use and future land use maps. Mr. Boucher replied that the Brevard County Property Appraiser's office would supply electronic versions of these maps for the City web site ADJOURNMENT: t!+ A motion was made by Mayor Randels and seconded by Mr. Weber to adjourn the meeting at 9:25 P.M. Motion carried unanimously. fie CR o * ' "c' � � Rocky Randels, 'MAYOR r b e �,✓ i �b't '� Su n :11s CI LE I 0,, Cre ri