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HomeMy WebLinkAboutMinutes 07-17-2001 Regular 1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 17, 2001 7:00 PM MINUTES , CALL TO ORDER: ROLL CALL: i Council Members Present: 1 Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Lary Weber Council Members Absent: Richard Treverton Others Present: Bennett Boucher, City Manager Mark McQuagge, City Attorney a Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director Nancy Hanson, Recreation Director John Pekar, City Engineer 1 PRESENTATION: Proposed Pedway from N. Ridgewood Ave. to Harbor Drive, Leo { Nicholas. 1 Mr. Leo Nicholas addressed the Council regarding the proposed pedway issue. Mr. Nicholas outlined how due to the gated community private access, the proposed pedway would dead end at the Harbor Heights area. He expressed concern with any benefit of redirecting traffic due to this dead end. He commented that residents in the Harbor Heights 1 area were not made aware of the proposed pedway dead - ending in this single family area. , Y Mr. Boucher reported that City staff was directed to discuss resident's concerns prior to implementing any concept plans. Mr. Nicholas questioned if a design for the pedway study 3 was authorized. Mr. Boucher replied that no authorization would precede meeting the homeowner's groups. Mayor Randels clarified that Stottler, Stagg was authorized to { complete the reuse design and in the process derive a concept for a pedway. Mayor Pro Tem Petsos referred to a letter that was sent to the Harbor Heights area residents. He 1 i I 1 t I I i i City of Cape Canaveral, Florida City Council Regular Meeting I July 17, 2001 Page 2 6 i stated that some points regarding the pedway concept were misrepresented in the letter. Mr. Bruns stated that there was no definitive plan to extend the road to Ridgewood Avenue and the concept of a pedway was a discussion issue. He explained further that the concept on beach end parking was also provided during a discussion session and also was not a definite plan. Mr. Bruns related that Council meeting discussion is intended to provide an avenue for presenting concepts and the public is welcome to attend. 1 Mark Gardner, 215 Coral Drive, addressed the Council and questioned who was in favor of the proposed pedway. He expressed concern with additional traffic in the area He stated that the residents in Harbor Heights are not in favor of the proposed pedway. Mayor 1 Randels requested a show of hands of those who were not in favor of a pedway or sidewalk. The attendees by majority vote were not in favor of either a pedway concept or { sidewalks. I I Frances Jewand, 328 Harbor Drive, addressed the Council and asked if the project would I be pursued. She related how the privacy made the area an attractive to live in. Mrs. I Jewand expressed that gated communities are not in favor of the pedway and she would prefer that her community retain its privacy as well. j i Helen Filkins expressed that the greatest concern is speeding in the area She also related how this would open the community to transients. Hans K. Saurenmann, Harbor Heights resident, requested that the Council abandon the right of way on Ridgewood Avenue, return the property to the owner and retain the i easement. Ray McGee, 396 Harbor Drive, related some of the problems in Harbor Heights to include 1 I an excessive number of cars in the area during one weekend period in which the travelers I changed clothes and relieved themselves in the adjacent wooded area. Attending residents agreed with Mr. McGee that no additional parking was desired. A motion was made by Mr. Weber and seconded by Mr. Bruns to reduce the scope of the City engineers reuse project and to delete the concept of a pedway or sidewalk. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor I Randels, For and Mr. Weber, For Mayor Randels recessed the meeting for a brief period. i 1 CONSENT AGENDA: Mayor Randels requested if any member of the Council, staff or interested party desired to remove an item from the Consent Agenda for discussion. There was no request. , 1 1 I 1 1 City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 3 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Consent 1 Agenda Items No. 1 through 11. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Weber, For 1. City Council Regular Meeting Minutes of June 19, 2001. 1 2. Reuse Project Phase IV, Final Change Order. 3. Cooperative Purchase of Sea Oats for Sand Fence Project. 1 4. Authorization to Apply for a Community Planning Technical Assistance Grant. 5. Cost Share Agreement with the St John's River Water Management District to Implement a Stormwater Utility. 6. Authorization to Bid the Resurfacing of Tennis Courts. 7. Cooperative Purchase of (8) Sets of Bleachers for the Two Ball Fields. 8. Outdoor Entertainment Permit, V.F.W. Post 10131. - 9. Authorization to Utilize the Brevard Community College Allied Health Building as a City Emergency Operations Center and Employee/Family Shelter. 1 10. Cooperative Purchase of a Pierce Quantum 105 Heavy Duty Aerial Ladder Fire Truck. 1 11. Renewal of Audit Service Agreement with Bray, Beck and Koefter. CONSIDERATIONS: 12 Designation of a Voting Delegate to the Florida League of Cities Annual Conference. A motion was made by Mr. Bruns and seconded by Mayor Randels to Designate Buzz Petsos as a Voting Delegate to the Florida League of Cities Annual Conference. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Weber, For. t 1 1 City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 4 RESOLUTIONS: 13. Motion to Adopt: Resolution No. 01 -20; Authorizing the City Manager and City Attomey to Enter Into a Leasing Agreement for the Purchase of a Ladder Truck with Leasing (2). Mayor Randels read Resolution No. 01 -20 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA TO AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO ENTER INTO A LEASE FINANCING AGREEMENT WITH LEASING (2) FOR THE PURCHASE OF A PIERCE 105 QUANTUM LADDER TRUCK; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns Authorizing the City Manager and City Attorney to Enter Into a Leasing Agreement for the Purchase of a Ladder Truck with Leasing (2) with the amount up to $219,952.50 for a term of seven (7) years. Mr. Bruns expressed concern with the language "lease /purchase" in that the City would acquire the truck at the end of the agreement. Chief Sargeant clarified that the City would own the vehicle. Mr. Boucher questioned if the amount of $217, 862.50 was still the current lease /purchase price. Chief Sargeant stated that the amount was half of the amount in the lease /purchase documents. Mr. Boucher stated the price as $219, 952.50. Chief Sargeant replied to Mayor Randels that the vehicle would be picked up within eight months of the agreement's execution. Motion carried 4- 0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Weber, For. 14. Motion to Adopt: Resolution No. 01 -21; Adopting a Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2001/2002. Mayor Randels read the Resolution in its entirety. A motion was made by Mr. Weber and seconded by Mr. Bruns to adopt Resolution No. 01 -21 Adopting a Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2001/2002. Mr. Boucher explained that Council could decrease the tentative proposed millage after tonight's meeting, but not increase. Mr. Bruns expressed for clarification that $400,000 is collected in revenue for police services however this year's contract calls for $1.5 million leaving an $800,000 deficiency. He stated that a referendum question would be proposed for this year's ballot. James Blizzard, 366 Coral Drive, questioned if there is anticipated income from the new luxury condominiums in the city. Mr. Bruns explained that the City has been able to absorb the deficit to date through its revenues. Mr. Leo Nicholas related that funding for the police department was done historically without ad valorem taxes. Mr. Bruns clarified that one- ; third of the police services is funded through ad valorem taxes with two- thirds derived from other revenue sources. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Weber, For. gz 1 A City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 5 I 15. Motion to Adopt: Resolution No. 01 -22; Re- Appointing Members to the 1 Construction Board of Adjustment and Appeals. 1 Mayor Randels read Resolution No. 01 -22 by title. I 3 I A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. i y A A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to re- appoint members to the Construction Board of Adjustment and Appeals inserting the names Norman Boucher, Randall Byrd and Thomas Quinn with terms expiring on December 15, 2003. Motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor I Pro Tem Petsos, For; Mayor Randels, For; and Mr. Weber, For. DISCUSSION: I 16. Mobile Vending. Mr. Boucher explained that the decision of Council would encompass mobile vending 1 4 1 o ther than ice cream. Mayor Pro Tem Petsos asked the City Attorney if the Council could specify which businesses could vend. Attorney McQuagge replied that this could incur constitutional issues. Mayor Randels provided historical background on the ordinance in that selling from carts became a health issue and was therefore prohibited. Mr. Christian 41 asked if an exception could be made for his particular type of vending. He stated that his company is regulated and his product is pre - packaged. Mr. Weber expressed concern with Mr. Christian's mobile ice cream operation deterring customers from established businesses. Mr. Christian replied that his business operates for the convenience of residential neighborhoods. Mr. Christian explained that his business promotes family and a ■ quality product. Mayor Randels read a letter from Mr. Treverton that expressed his opposition to mobile vending. Attorney McQuagge explained for Mayor Randels that Code Enforcement could enforce criteria set by the Council through an ordinance on mobile 1 vending as an exception or mobile vending in its entirety. Attorney McQuagge responded a to Mr. Weber's question on setting parameters in that the City would set a precedent for other mobile vendors to sell products other than ice cream. Mayor Randels related 1 Council's desire to continue to prohibit mobile vending in the City to Mr. Christian. Cynthia Cook, 246 Polk Avenue, addressed Council and expressed her concern that allowing mobile vending for ice cream would also allow other mobile vendors in the area. She also expressed concern with more product promotions on the street. Mrs. Cook commented that mobile vending would adversely affect local businesses. Mr. Weber requested enforcement on other active mobile vendors in the City. i I i A i I 1 l i I i City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 6 a 4 17. Recognition of Mr. William Bennix. Council agreed by majority to recognize Mr. Bennix along with the Washington Avenue 1 sidewalk project. Mr. Weber recommended using some of the Mr. Bennix 's donation for landscaping the park. Mr. Bruns suggested tasking the Beautification Board with landscaping concepts for the park. At this time, Mr. Bruns questioned the sidewalk I installation at Washington Park. Mr. Gardulski explained that he spoke with the contractor in an effort to address what differed from the bid specifications. He replied to Mayor Pro I Tem Petsos that the installation would restart next week. I i 18. Ridgewood Avenue Road Reservation. Mr. Boucher explained that in 1981, City Council drew a roadway reservation from Ridgewood Avenue north to the northern property line and also to Eberwein Road. This road reservation remained in effect for twenty years for any future development. At this time the road reservation would expire on October 1, 2001 and if it expires, the City would vacate interest. Mayor Randels clarified that the roadway in discussion is a section within Phases VI and VII of the Villages of Seaport. Council agreed by majority to allow the road reservation to expire. Mr. Boucher explained that utility easements would be identified during the developer's site plan review. Chief Sargeant described how the existing Ridgewood Avenue roadway affects emergency vehicles. Mr. Ray McGee recommended I that Council abandon the property with an easement right for emergency vehicles in order to obstruct any future plans for a road. Chief Sargeant clarified for Mr. McGee that the roadway is abandoned within the City's Comprehensive Plan. Mayor Randels encouraged I Mr. McGee to meet with Mr. Boucher and discuss his concems. I i REPORTS: 1. City Manager • Mr. Boucher reported that the Canaveral Port Authority has appropriated funding to landscape signage areas along State Road 528. • Mr. Boucher asked for Council's feedback on the Space Port's Authority Comprehensive Plan. • Mr. Boucher reported on the Manatee Park Boardwalk progress. • Mr. Boucher reported that the 8.5 acres on the Central Blvd. proceeded with the Florida Forever Grant. • Mr. Boucher reminded Council of the Budget Workshop on Monday, July 23` at 5:30 P.M. Mr. Bruns asked if the meeting could begin at 5:00 P.M. Council agreed. 2. Staff 1 ti , I 1 City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 7 Recreation Director 1 y • Ms. Hanson reported that United Space Alliance would perform a clean up at Patriots Park on Saturday, July 21s from 8 A.M. to 11 A.M. She invited Council members to attend. I • Ms. Hanson related the birth of a baby manatee during construction of the new boardwalk. I City Clerk I • Mrs. Stills reported that Mayor Pro Tem Petsos was testing the new electronic agenda i packet format during this meeting. 3 City Attorney • Attorney McQuagge reported on activity regarding the Interlocal agreement with the City of Cocoa Beach. He announced that Attorney Bob Beals is working with Cocoa Beach's legal counsel. 4 • Mr. Boucher requested to postpone the Snook marker project until September. i AUDIENCE TO BE HEARD: 1 • A resident inquired about a sidewalk installation on Church Lane and N. Atlantic Avenue. • Mr. Nicholas thanked the Council for approving the V.F.W. outdoor permit and A addressing the Harbor Heights residents' concerns regarding the pedway concept. 3. City Council 3 Mr. Weber Mr. Weber thanked everyone for the their prayers and support during his surgery. 1 1 • Mr. Weber asked if the City could display American flags along the A1A corridor year- 1 round. Mr. Boucher would provide research on this request due to requirements from Florida Power and Light. I • Mr. Weber requested that Council reconsider the beach- cleaning machine Mr. Bruns • Mr. Bruns commended staff on their work during the budget process. 1 Mayor Pro Tem Petsos J • Mayor Pro Tem Petsos commented favorably on the electronic agenda process. I • Mayor Pro Tem Petsos questioned the installation date for street lights on A1A and N. Atlantic Avenue. Mr. Boucher replied that the contract was signed and directed Mr. Gardulski to report back to Council on this subject. i i • Mayor Pro Tem Petsos expressed concem on the hazardous sidewalks near 1 Cherie Down Park and on Pierce Avenue and requested staff action. i 1 i i 1 City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 8 i Mayor Randels • Mayor Randels reported that the National Night -Out sponsored by Law Enforcement is scheduled for Tuesday, August 7th from 5 to 8 P.M. Council agreed to find out the scope of the event before changing the next scheduled Council meeting time in order to attend. • Mayor Randels reported that he attended the opening of the Cape Canaveral , Hospital's new Cancer center on its 4 floor. • Mayor Randels reported that the students from the Seafarer's Ministry performed work for a Canaveral resident. • Mayor Randels reported on the telephone books collected in the recycling effort in that 260 tons were diverted from the landfill in Brevard County which saved 17 trees per ton. • Mayor Randels commented on the telephone number that allowed residents to contact the Sargeant on duty. Mr. Boucher explained that the office telephone numbers are forwarded to dispatch after - hours. ADJOURNMENT: CA There • -. r ° -w ts44:41r business, a motion was made by Mayor Pro Tem Petsos and seconded by Mr.: fir` meeting at 9:20 P.M. Motion carried unanimously. .%Q ' er its •'' c'',1' - T Rocky Randels, MAR yy r f 1 i it • .... ___,1.. ......,... SusattOjki,!i -fiZ� RK i