HomeMy WebLinkAboutMinutes 06-05-2001 Regular 1
i
City Council Regular Meeting
City Hall Annex
111 Polk Avenue, Cape Canaveral, Florida
Tuesday
June 5, 2001
7:00 PM
MINUTES
1
CALL TO ORDER:
ROLL CALL:
9
Council Members Present:
Burt Bruns
Mayor Pro Tem Buzz Petsos
t Mayor Rocky Randels
Richard Treverton
Larry Weber
Others Present:
Bennett Boucher, City Manager
Kohn Bennett, City Attorney
Susan Stills, City Clerk
Andrea Bowers, City Treasurer
Morris Reid, C.B.O., Building Official
PRESENTATIONS:
VFW Certificates of Appreciation to Deputies Jonathan Potter & Terry Bartnik
I
Mayor Randels recognized the deputies on behalf of the Veterans of Foreign Wars
Post No. 10131 for outstanding work in the community. Mayor also acknowledged
Deputy Jonathan Potter for his award as the National Deputy of the Year.
Government Finance Officer's Association Award to the City Treasurer
Mr. Boucher presented the Annual Certificate of Achievement for Excellence in
Governmental Financial Reporting to Ms. Andrea Bowers. Mr. Boucher
commended the Finance staff for exemplary work.
CONSENT AGENDA:
Mayor Randels asked if any member of Council, staff or any interested party
I desired to remove an item from the Consent Agenda for discussion.
,
I
Mayor Pro Tem Petsos requested to remove Item No 2 for discussion.
A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve
Consent Agenda Items No 1 and 3. The motion passed 5 -0 with voting as follows:
I
I
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
June 5, 2001
Page 2
1 1 Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For Mr. Treverton,
For; Mr. Weber, For.
1. City Council Regular Meeting Minutes of May 15, 2001.
3. School Resource Officer Interlocal Agreement with the City of Cocoa
Beach.
j
2. Proposal with Cape Canaveral Scientific, Inc. to Prepare Three Florida
Forever Grant Applications in the Amount of $22, 920.
A motion was made by Mr. Bruns and seconded by Mr. Treverton to postpone
discussion on this item until the next scheduled City Council Regular Meeting. Mr.
Boucher related that Mr. Porter no longer desired to pay the grant application fee
for the river front parcel. Mayor Pro Tem Petsos expressed that he would like to
review additional proposals from other grant writers. Mr. Bruns expressed his
concern that the property could be sold in the interim. Mr. Treverton concurred with
Mr. Bruns and he noted that the fees were substantially higher than previous grant
preparation fees. Mr. Treverton questioned Ms. Amy Adams on the proposal fee.
1 Ms. Adams explained that estimates were performed on the acreage and location
using a State recommended formula. She stated that the fees were not based on
market value. Ms. Adams stated that although funds are available; land is
expensive. Ms. Adams responded to the Council that the applications are due in
August. Mayor Randels clarified that an appraisal was necessary in order to
ascertain the difference in the asking price from the market value. Council directed
Mr. Boucher to discover the asking price for the three properties in question as well
as the status of any proposed contracts. Ms. Adams concluded that historically
oceanfront property scored high in grant funding. She explained that the plant and
environmental assessments already in the Citys comprehensive plan were also
pertinent criteria in the grant scoring process. The motion passed 5 -0 with voting
I as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr.
Treverton, For; Mr. Weber, For.
DISCUSSION:
j 1
4. Storm Water Project for Center Street Outfall Area
A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos for
City Council's support of the hospital's expansion plan including the portion of the
mitigation plan on Center Street if items are mutually agreed by all parties. Mayor
Randels provided background on the Center Street project area He summarized
i
that several of the ideas from the Cape Canaveral hospital project development
group were extracted from the Citys Storm Water Master Plan. Mr. Boucher
explained that the Council would need to determine if the proposed project is
acceptable for the community and he questioned the amount of anticipated funding
i
1 City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
June 5, 2001
Page 3
i L
from the hospital. Mayor Randels clarified that the focus of the discussion is to
ascertain if Council desired to support the project.
Mr. Rodney Ketcham explained the evolving nature of the mitigation plan. He
restated that when the hospital fills its adjacent area, it must transfer the existing
sea grasses. Mr. Bruns expressed concern that if an outfall were installed on
Center Street, it would hinder the ability to capture and redirect storm water back
to the City's reclaimed water facility. Mayor Randels questioned if the Florida
Department of Transportation (FDOT) would be able to match funding for the
project. Mr. Ketcham explained that the St. John's River Water Management
District would assign points to the FDOT for participating. Mr. Treverton expressed
his desire to see the City develop a park in the Center Street area. Mr. Weber
i concurred with Mr. Treverton's concept for a park and he queried if a price could be
set for the available property. Discussion followed on options for the available
property. Ms. Adams interjected that the City could not commingle storm water
concepts with a park project under a Florida Communities Trust grant.
Dr. Michael Dennis, of Breedlove, Dennis and Associates, related why the storm
water plan site was chosen for the hospital mitigation project. The hospital
mitigation credit would apply to the restoration of sea grasses and he stated that
the sea grasses that are planned for removal from the hospital mitigation site
would be transplanted to the Center Street area. Mayor Randels summarized that
the City's part is to assist with the clean water effort for the area. Mr. Bruns asked if
there were alternative sites for the mitigation area. Dr. Dennis responded that no
other site was acceptable for planting sea grasses. Mr. Treverton restated his
concept that in the effort to plant the sea grasses, property must be purchased. He
questioned if the hospital would purchase property for the City to use as a park.
Mr. Ketcham explained that in the overall mitigation plan the only property in
question is that which impacts the environmental area. Ms. Adams explained that
developed land could be used for a Florida Forever grant, but not the land that is
part of the mitigation plan.
Mayor Pro Tem Petsos asked if this is the best plan for the community. He also
asked the hospital representatives for an estimate of its anticipated project funding.
Mr. Boucher also questioned what the FDOT would fund for retrofitting the project.
Mr. Pekar stated that mitigation points are estimated at $80,000 per acre. Mr.
Ketcham responded to Mr. Boucher that the City is not responsible for purchasing
the land regarding the water treatment process. Mr. Ketcham reiterated that
1
installing the sea grasses is the mitigation goal, however any other uses for the
1 property is at the City's discretion. Mr. Nicholas expressed that removing the outfall
p Y
I might substantially increase the cost of channeling clean water through the sea
grass area. Mr. Laurie Smirl commented that a special workshop regarding what
1 was approved for the mitigation plan could be established. The motion passed 5 -0
with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Mr. Treverton, For; Mr. Weber, For.
I
I
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
June 5, 2001
1 Page 4
i
Mayor Randels recognized that Ms. Linda Frank of Waste Management was
available earlier at the Council meetings for questions and status reporting.
5. Brevard County Rave Club Ordinance.
Mayor Randels questioned if the Council would agree to opt in this provision.
Attorney Bennett clarified that the County's request is that City choose not to opt
out of the ordinance. He explained that permitting authorization would come from
the County Manager with an appeal process if the permit is denied or revoked.
Attorney Bennett responded to Mr. Treverton that costs would be incurred if the
City chose to administer and enforce the ordinance. Mr. Boucher stated that he
j would respond to the County Manager and County Attorney's office to express the
City's support. At that time he could outline the details of the application and
permitting process. Mr. Boucher explained that the City would have input in the
process through local zoning authorization. Mr. Nicholas questioned the City's
course to opt out and if the option to opt out could be done at a later time. Attorney
Bennett responded that the City could opt out at any time through an ordinance.
Reports:
E 1. City Manager
• Mr. Boucher reported on the notice to proceed for the Manatee Sanctuary
Park project. Mr. Reid stated that the project would be underway at the week's
end.
• Mr. Boucher reported on status of the SR Al landscaping in that legal
counsels between Florida Department of Transportation and the federal
government are disputing acceptable language for the easement agreements.
• Mr. Boucher announced that fireworks signs have been ordered.
• Mr. Boucher reported on his meeting with Malcolm MacLouth and Dixie
Sansom of the Canaveral Port Authority.
j o The Port expressed favor with a pedway project and a joint police
facility.
o The Port would like to assist with the Manatee Sanctuary and Banana
River park projects.
o Although the Port could not assist financially with the left turn lane on N.
Atlantic Avenue, however they would lobby the County Commission and
the Brevard Metropolitan Planning Organization for funding.
I o The Port would work with the City on signage for the overpass area and
the north entrance signs. Council members were invited to tour the Port
at any time by scheduling an appointment through the City Manager's
office.
o An agreement was made to meet every month to provide feedback for
each party's respective Council and Commission.
1 • Mr. Boucher reported on water notices from the City of Cocoa regarding how
exceeding limits would incur a tiered surcharge rate. Mayor Pro Tem Petsos
requested to notify Canaveral residents through a mailing.
i
i
i
1
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
June 5, 2001
Page 5
• Mr. Boucher reported on the International Drive storm water baffle box in
that matching grant funds are available from the Indian River Lagoon. Council
decided to place this on the next agenda for discussion.
• Mr. Boucher announced that storm water inlet decals are available and he
asked Council if this could become a volunteer project. Council expressed
agreement.
• Mr. Boucher referred to Chief Sargeant's memo to purchase a ladder truck
and requested to place this item on the next agenda for discussion. Council
expressed agreement.
• Mr. Boucher reported on the Stott ler property in that he received a response
from Attorney Roper. Mr. Roper replied that the 1992 City Council approved the
replat of said property and therefore may have waived interest in the property.
2. Staff
Mr. Reid
• Mr. Reid announced that the State code adoption has been postponed until
January 1, 2002. Building department staff was apprised of the anticipated
changes during a recent building conference in St. Augustine.
• Mr. Reid reported on three large projects in the City that total two million in
square footage. He invited Council members to attend the Planning and Zoning
Board meeting of June 13 Mr. Reid would provide Council members an
overview of these projects.
City Clerk
• Mrs. Stills reported that she is doing research on how to develop an electronic
agenda packet process that would benefit Council's desire to use laptop
computers. The goal is to replicate a successful process being implemented in
another community.
City Attorney
• No report
3. City Council
Mr. Weber
• Mr. Weber's recommendation in the Code review process was to refer to City Hall
Annex and not City Hall for Council meetings.
• Mr. Weber announced that he would undergo surgery and would be unable to
attend the next two Council meetings.
Mr. Treverton
• Mr. Treverton questioned the Code review process. Mr. Boucher explained that he
would agenda the summarized revisions for discussion.
• Mr. Treverton queried the option of renting, leasing or buying office space for
the Building Department. Mr. Boucher responded that he is formulating a plan for
all of City Hall that would determine the use of space vacated by the Building
Department.
i
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
June 5, 2001
1 E Page 6
• Mr. Treverton restated the concept of using developed Center Street property to
create a park.
Mr. Bruns
• Mr. Bruns questioned the County Commission intent with its countywide school
concurrency program. Mr. Boucher responded that our city planner, Todd Peetz,
would address this issue.
• Mr. Bruns related that he asked Ms. Bowers if there were any delinquencies in
impact fees and she informed him that all fees were paid at the time of permitting.
• Mr. Bruns also related that he asked the City Treasurer to perform research
regarding our low fire impact fees.
• Mr. Bruns commented on the water pressure on the reuse line.
• Mr. Bruns reported on the phenomenal real estate sales of condominium property
within the City.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos questioned beach end signage. Mr. Boucher responded
that signage is programmed into the budget to include a timeline for installation,
however acceptable language on the signs is still an issue for discussion.
• Mayor Pro Tem Petsos asked about the previous discussion on using the library
for public meetings. Mayor Randels responded that Ms. Kathy Swinesburg,
Library Director determined that the City could use the meeting room on an as-
needed basis. Council agreed to have Mr. Boucher pursue use of the meeting
room.
• Mayor Pro Tem Petsos questioned chemical residue detected in the effluent. Mr.
Boucher responded that analysis could trace who uses the chemical type.
Mayor Randels
• Mayor Randels commented on the updates to the City's Public Meeting
Calendar.
• Mayor Randels announced that Johnson Controls launched a new portal solution
on its e-mail called the Business Operations Solutions smart system.
• Mr. Randels reported that he was speaker at the Florida Summer Industrial
Summit that employs teachers during the summer and subsequently the teachers
devise an action plan to demonstrate what they learned to their students.
• Mayor Randels announced that the HMS Victorious would arrive in port on June
s tn
• Mayor Randels represented the City in an award ceremony with the Navy
League.
• Mayor Randels noted the Draft Environmental Assessment of No Significant
Impact for the south beach study.
4 • Mayor Randels questioned after -hours playground use. Mayor Pro Tem Petsos
responded that the Superintendent of School requested a list of potential schools
for after -hour use from the League of Cities.
• Mayor Randels asked about the agreement with the Downs Corporation. Mr.
Boucher responded that another site plan meeting is imminent and said that the
City Attorney would perform a title search to ascertain ownership of the right -of-
way and render a legal opinion.
t
1
1 City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
June 5, 2001
•
Page 7
1
• Mayor Randels questioned the status of the grant for the storm water utilities.
Mr. Boucher responded that he is anticipating the grant paperwork from the St.
John's Water Management District.
1 i
Audience to be Heard:
I Mr. Leo Nicholas
• Mr. Nicholas reported on the V.F.W. event held on May 28 and thanked Council
members for attending.
• Mr. Nicholas requested reuse water for the V.F.W. property. Mr. Boucher
responded that the issue could be reviewed during the budget process.
1
1 Adjournment:
There beir,ftJe; business a motion was made by Mr. Bruns and seconded by Mr.
a Weber'djourn the meting at 9:50 P.M.
C 4g 4 } H Rocky Randels, AYOR
a ,
Susap,StiI11;; -CLT Rif
N
1
1
I
x