HomeMy WebLinkAboutMinutes 05-15-2001 Regular i
) CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
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TUESDAY
May 15, 2001
1 7:00 PM
I MINUTES
CALL TO ORDER:
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I ROLL CALL:
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Council Members Present:
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Richard Treverton
Larry Weber
Others Present:
Bennett Boucher, City Manager
Kohn Bennett, City Attorney
Susan Stills, City Clerk
Ed Gardulski, Public Works Director
John Pekar, City Engineer
Sargeant Don Barker, Canaveral Precinct
Ms. Tammy Tomlinson, Research Specialist with the Economic Development Council
(EDC) distributed the new Community Data Summary reports. She explained how data is
gathered through the City's staff and is available now for further distribution at City Hall.
Mayor Randels related that the EDC also prepares a list of all available vacant property.
Mr. Greg Jones explained further that real estate availability is now accessible through the
Internet and encouraged use of this data source.
PRESENTATION: Representative Mike Haridopolos of District 30
Representative Haridopolos stated that the Legislative session proved challenging in
some issues. He explained that the State's Nursing Homes needs were met with
increased staffing. He reported that education funding was increased by seven percent
and directed toward teacher's needs. Community colleges funding was also increased
by five percent. He concluded that the intangibles tax was addressed and resulted in
700,000 people removed from the State tax roll and not required any undue tax.
Mr. Treverton queried about Preservation 2000 funding. Representative Haridopolos
I reported that $3.4 million was received however the state funding was decreased by 75
1 percent. He supported that funding be directed toward property for environmental
needs. Mr. Weber acknowledged funding for Keep Florida Beautiful and expressed his
appreciation. Mr. Bruns questioned if there were any anticipated changes to the Lottery
system and he asked if any changes to the Intangible Tax would include this reporting
I year. RH responded that he would find out the effective date for the Intangible Tax
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 15, 2001
Page 2
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reporting. RH related his support of using Lottery funding toward education in addition to
and not in lieu of taxes. Mayor Pro Tem Petsos expressed his concern on the billboard
I issue. RH responded that property rights became the focal point of addressing this
issue at the state level. Mayor Pro Tem Petsos questioned the growth management
limit. RH responded that sales tax would be raised without referendum and he was not
in support of that measure. He related that limiting school size would allow for a closer
community.
Mayor asked why the Building Code was not passed. RH responded that construction
companies related the difficulty in responding expeditiously to the code. Mr. John Pekar
questioned a sales tax for professional services. RH explained that the rate of sale tax
could be lowered if more business were moved into the State. RH thanked Council for
their time and offered his assistance in any capacity.
PROCLAMATIONS:
National Public Works Week
Mayor Randels read the proclamation in full. Mayor Randels then announced the Open
House at the Public Works facility on Saturday, May 19 Mayor Randels also
presented an award to Mr. Ed Gardulski for the Public Works Department's efforts in
creating and maintaining bicycle and pedestrian facilities from the Brevard Metropolitan
Organization.
Management Week
Mayor Randels forwarded this proclamation to the City Clerk's office for mailing.
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CONSENT AGENDA:
Mayor Randels asked if any Council Member, staff member or interested party
desired to remove an item from the Consent Agenda for discussion.
Mayor Pro Tem Petsos requested to remove Item No. 4 for discussion.
A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Consent
Agenda Items No. 1, 2, 3 and 5. The motion carried 5 -0 with voting as follows: Mr.
1 Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and
Mr. Weber, For.
1. City Council Regular Meeting Minutes of May 1, 2001.
2. Letter of Support for the Distribution of Federal Anti -Drug Abuse Act Funds
for the 2001/2002 Fiscal Year
3. Letter of Appreciation to Great Lakes Dredge and Dock Company for Their
9 Work on the Beach Renourishment Project.
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City of Cape Canaveral, Florida '
City Council Regular Meeting
May 15, 2001
Page 3
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5. Outdoor Entertainment Permit, Applicant VFW Port 10131.
4. Request for State and Federal Transportation Project Funding.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to
approve the Request for State and Federal Transportation Project Funding with the
inclusion of a request for a pedestrian overpass on Columbia Avenue. The motion
carried 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For.
CONSIDERATIONS:
6. Contribution to Brevard Tomorrow Program.
Mayor Pro Tem Petsos queried the status of the County's visioning concept. Mayor
Randels related back to the information presented in 1995 and he reported that
implementation is the current stage in the plan. Mr. Treverton related that this was
not an effort that would provide substantial benefit for our community. Mr. Bruns
spoke in opposition to a contribution in light of minimal progress. Mayor Pro Tem
Petsos queried the resurgence of this program. Mayor Randels expressed that the
County desires to implement the plan and hoped to gain additional funding from the
municipalities. Mayor Randels concluded that the City has implemented many of
the proposed concepts in the program and Council directed the City Manager to
relate the City's decision not to contribute to the County Commission. A motion was
not entertained.
7. Design Proposal for Ridgewood Avenue Pedway Between Harbor Drive
South to Ridgewood Avenue.
1 A motion was made by Mr. Treverton and seconded by Mr. Weber to approve the
contract for the design proposal to Stottler Stagg and Associates in an amount not
to exceed $5,000 for a pedway project from Harbor Drive south to Ridgewood
Avenue. Mr. Pekar stated that this is a design concept that would include several
residing groups and 700 feet in length. He recommended public participation prior
to the actual design in order to gain user support. Mr. Pekar noted some possible
1 concepts due to the topography of the proposed project. Mr. Pekar affirmed that
there are existing sidewalks in the area for Mr. Bruns. Mayor Randels expressed
that the Council should be prudent in its efforts to address the project in light of
public concern. Mr. Bruns spoke in favor of the pedway and expressed his desire to
see an extension of the pedway through the Villages of Seaport and the
1 Shorewood and Solana Condominiums.
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Mayor Randels expressed that he met with the residents of Ocean Oaks and
related that they would be support of a project that is not adjacent to their living
B area. Mayor Pro Tem Petsos requested a detailed breakdown of the design costs.
He also queried the looping denoted in the reuse line. Mr. Pekar submitted data for
City of Cape Canaveral, Florida
City Council Regular Meeting
May 15, 2001
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E Mayor Pro Tem Petsos' review and related that permitting with St. John's was also
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necessary. Mayor Pro Tem Petsos asked if permitting was necessary for the size of
1 the project. Mr. Pekar responded that permitting was in the best interest of the City.
Mr. Nicholas asked if pervious cement could bypass the permitting process. Mr.
Pekar responded that pervious cement would incur excessive maintenance. Mr.
Boucher recommended setting a $5,000 limit for Stottler, Stagg to proceed with the
design concept after meeting with the public.
Mr. Boucher recommended input from the Beautification Board on the project. Mr.
Nicholas suggested including the Planning and Zoning Board as well. He stated
that this would direct a level of traffic through single - family residential
neighborhoods. Mr. Nicholas expressed concern with dead - ending the project in
the Harbor Heights area and he asked the Council to consider the project in the
entirety of its scope. The motion carried 5 -0 with voting as follows: Mr. Bruns, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr.
i Weber, For.
RESOLUTIONS:
1 8. Motion to Adopt: Resolution No. 01 -13; Appointing a Regular Member to the
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r Beautification Board.
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Mayor Randels read Resolution No 01 -13 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Petsos and seconded by Bruns to approve Resolution No.
01 -13 inserting the name Paula Collins with a term to expire on November 1, 2003.
1 The motion carried 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem
Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For.
9. Motion to Adopt: Resolution No. 01 -14; Re- Appointing Members to the
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Business and Cultural Development Board.
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Mayor Randels read Resolution No 01 -14 by title:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING REGULAR MEMBERS TO THE BUSINESS AND CULTURAL DEVELOPMENT
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE.
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A motion was made by Mr. Bruns and seconded by Mr. Weber to approve
Resolution No 01 -14 reappointing Jovan Barzelatto, Craig Smith and Jacqueline
A I Coates to the Business and Cultural Development Board with terms to expire on
1 June 1, 2003. The motion carried 5 -0 with voting as follows: Mr. Bruns, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For
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1 City of Cape Canaveral, Florida
City Council Regular Meeting
May 15, 2001
j Page 5
REPORTS:
1. City Manager
• Mr. Boucher reported on P2000 grant funding. Mr. John Porter requests to
donate funds toward grant preparation costs. Council agreed by majority to pursue
the grant.
• Mr. Boucher reported on research results in using a baffle box on Holman Road
as well as International Drive. He related that the City would need to implement
this project by fiscal year 2002 in conjunction with the collection of a stormwater
utility. Council agreed by majority to pursue grant funding for a baffle box on
International Drive.
• Mr. Boucher announced the Public Works Open House on Saturday, May 19
from 10 A.M. to 2 P.M. and a dedication of Thurm Blvd. on May 23 at 2 P.M.
• Mr. Boucher reported on the reuse agreement with the Canaveral Port
Authority. Attorney McQuagge did not recommend pursuit of an agreement at this
time. Mayor Randels clarified that under the terms of the temporary agreement
with the Port, reuse would be provided on a priority basis after distribution to
1 Canaveral users first and second to the City of Cocoa BeachThe consensus of the
Council was no new agreement with Canaveral Port Authority until the resolution is
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final with the City of Cocoa Beach.
1 Mr. Bruns
• Mr. Bruns reported that Cape View Elementary received another A rating this year and
commended the school on their exemplary efforts.
Mr. Bruns left the meeting at 8:30 P.M.
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2. Staff
Mr. Gardulski
• No report
Sargeant Barker
• No report
Mr. Pekar
• No report
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City Clerk
• No report
i City Attorney
• Attorney McQuagge reported on the status of the fireworks code in that he is awaiting a
response from the State Attorney's office. In anticipation of an adverse or untimely
response, he is proposing an ordinance addition that reflects the language in the Brevard
t County code and making it jurisdiction specific to the City.
j 1 • Attorney McQuagge on the interlocal agreement from the City of Cocoa Beach in that
1 he is awaiting response from the Cocoa Beach City Manager, City Commission or City
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 15, 2001
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Attorney. He related that he would seek an opinion on mediation or inquire if mediation is
required due to time deficiencies under the Florida Statutes Section 164.
3. City Council
Mr. Weber
• Mr. Weber reported that 3,000 mangroves were planted at Manatee Sanctuary Park in
an unscheduled project in April.
Mr. Treverton
j • Mr. Treverton reported that he spoke with Mr. Paul Eaton regarding his non - compliant
right -of -way following the last City Council meeting
• Mr. Treverton related that the one of the main concerns of the third grade class was
installing continuous sidewalks throughout the City.
• Mr. Treverton related that he would like to see the City Council members use laptop
computers. Council agreed by majority for funding in this year's budget.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos referred to the news article on signs at the Port. He requested
further research of the proposed signage at the interchange.
• Mayor Pro Tem Petsos requested approaching the Port for contributions to the
1 intersection on North Atlantic and Central Blvd.
A • Mayor Pro Tem Petsos asked if P2000 grant funding is being considered for the 8.5-
acre parcel on Central Blvd.
• Mayor Pro Tem Petsos expressed concern with the City's proposed funding,
maintenance and tax roll removal of a piece of property in the hospital mitigation
implementation.
Mayor Randels
• Mayor Randels reported that he was provided with travel information through the
Internet at the library.
• Mayor Randels related that the first DEOMI (Department of Defense Military and Civilian
Sector Defense Equal Opportunity Management Institute) was hosted at the Radisson
Conference Center.
• Mayor Randels reiterated on the award presented by the Brevard MPO and he also
responded to an alleged comment regarding the Port Authority signs in that the City
had no jurisdiction on a Florida Department of Transportation right -of -way.
• Mayor Randels questioned the City's hotline number: 537 -5555. Mayor Pro Tem
Petsos responded that the number was discontinued.
• Mayor Randels asked for the status of the operating plant renewal. Mr. Gardulski
reported that the application was submitted.
• Mayor Randels reported that Mr. Hugh Dalton removed Brazilian peppers on Center
Street. Mr. Boucher suggested presenting him with a Mayor's Certificate.
• Mayor Randels reported that owner of the vacant lot on Adams and Rosalind Avenue
cleared the lot and improved the appearance.
I • Mayor Randels reported that he found a group of high school students in an outreach
i program who are available to work on community projects during the last week of
June in Cape Canaveral.
• Mayor Randels noted that the City Code is now under review.
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 15, 2001
Page 7
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• Mr. Treverton questioned further discussion on purchasing the Building across
from City Hall. The consensus of the Council was presenting a long -range plan for
overall facilities utilization.
AUDIENCE TO BE HEARD:
Mr. Leo Nicholas
• Mr. Nicholas announced the Memorial Day activities at the V.F.W. post on
Monday, May 28 with a balloon launch to commemorate deceased veterans. He
informed Council that they would be formally invited to include an itinerary. He also
informed that this event is in addition to the service in Veterans Park on May 30
• Mr. Nicholas acknowledged Ms. Mannie Lockman who lobbied City Council to
establish bicycle paths in the past.
• Mr. Nicholas asked if the City received a response from Mr. Stottler. Mr. Boucher
responded that his legal counsel acknowledged receipt of correspondence from our
City Attorney and said that he would reply. Mr. Boucher will confer with counsel on
the matter.
ADJOURNMENT:
There being no further business a motion was made by Mayor Pro Tem Petsos and
seconded by Mr. Weber to adjourn the meeting at 9:15 P.M.
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