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HomeMy WebLinkAboutMinutes 08-21-2001 Regular 1 1 1 CITY COUNCIL REGULAR MEETING , CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida 1 TUESDAY August 21, 2001 7:00 PM MINUTES I i J CALL TO ORDER: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels 1 Larry Weber Council Members Absent Richard Treverton I [ i Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director CONSENT AGENDA: 1 Mayor Randels requested if any member of the Council, staff or interested party i desired to remove an item from the Consent Agenda for discussion. Mayor Pro Tem Petsos requested to withdraw items No. 3 and 4. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Consent Agenda Items No. 1 and 2. Motion carried 4 -0 with voting as follows: Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. 1. City Council Regular Meeting Minutes of August 7, 2001. 2. Bid Award for RFP No 01- 09, Tennis Court Resurfacing, to Nidy Company in the amount of $14,900. l 1 City of Cape Canaveral, Florida 1 City Council Regular Meeting August 21, 2001 1 Page 2 l 1 3. Proposed Annual Reindeer 5K Run. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to approve the Proposed Annual Reindeer 5K Run. Mr. Barzelatto, Business and Cultural Development Board (B &CD) Chairperson, said that Cape Canaveral would continue to 1 host the run. He explained that the Port is a sponsor as well as facilities' provider. 1 4 Mayor Randels explained that the Port was presented the concept first since their meeting preceded the Council meeting and approval was needed to decide on a location. Mayor Pro Tem Petsos expressed that he would have liked to be informed of the Board's concerns, prior to the decision to change locations. Ms. Bertie Edwards, B &CD Board Member, responded to Mr. Nicholas' question in that the Space Coast Runner's Association calculated the distance and the travel path met the 5K requirements. Motion carried 3-0 with voting as follows: Mayor Pro Tem Petsos, For; I Mayor Randels, For and Mr. Weber, For i Mr. Bruns arrived at 7:10 P.M. 4. Washington Park Decorative Sidewalk in the Amount of $26,340 to J & S 1 Curb and Concrete. A motion was made by Mr. Bruns and seconded Mr. Weber by to approve the Washington Park Decorative Sidewalk in the Amount of $26,340 to J & S Curb and Concrete. Mayor Pro Tem Petsos questioned the increased cost for the project. Mr. Bruns pointed out that the original bid was for a five -foot sidewalk with colored concrete. Mr. Bruns referred to the letter on removing what was installed. Mr. Boucher responded that the reduced settlement price encumbered the amount of work already I performed. Mr. Boucher explained that Public Works would remove the existing j concrete. He explained further that Mr. Gardulski would meet with the contractor regarding this project. Motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For 1 CONSIDERATIONS: 5. Petition for Action to Abandon a Portion of the Harbor Drive Road Right - of -Way. 1 1 A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to Send this Proposal to the Planning and Zoning Board with the Recommendation that All 1 Cost Incurred by this Procedure are Carried by the People Receiving the Land. Mayor Pro Tem Petsos expressed concern with the City paying for the survey costs. Mr. Boucher said a title search might be necessary and if the City owns the property, legal descriptions and ingress and egress information would need to be compiled. Council discussed the language for a motion that would express the conditions for the cost of I I 1 I I 1 City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 3 the process and to forward the petition to the Planning and Zoning Board for consideration. Motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. 6. Economic Development Commission, Board Member Appointment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Appoint Mayor Randels to the Economic Development Commission Board of Directors. Motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. ORDINANCE: Second Public Hearing 7. Motion to Adopt: Ordinance No. 01 -02, Establishing a Fire /Rescue Services Referendum Question for the November 2001 Election. Mayor Randels read the Ordinance by title. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 01 -02, Establishing a Fire /Rescue Services Referendum Question for the November 2001 Election. Mr. Boucher pointed out that the 1.0 mill amount of increase inserted is the amount that Council recommended at the previous meeting. Mr. Bruns asked if the proposed increase is substantial for the Fire /Rescue Services needs. Mr. Boucher replied that this increase would provide $472,000 that is sufficient to cover the staffing requirements and to purchase capital equipment. Mayor Randels responded to Mr. Bruns that the current Fire /Rescue Budget is $582,520. Mr. Bruns expressed concern with not addressing public safety needs as a whole. Motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. 0 An amendment to the main motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to remove the words "Florida ", "All" and "Located" from the body of the referendum in order to meeting that State Statute 75 word requirement. Attorney Bennett requested to remove the word "Florida" in the first sentence, and the word "all" in the fifth line and the word "located" in the last sentence. Motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. i I I City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 4 f 1 RESOLUTIONS: i 8. Motion to Adopt: Resolution No. 01 -25, Supporting Recommendations for Future Transportation Improvements in the City of Cape Canaveral. Mayor Randels read the Resolution by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING RECOMMENDATIONS FOR FUTURE TRANSPORTATION IMPROVEMENT IN THE CITY OF CAPE CANAVERAL. I A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to Adopt Resolution No. 01 -25, Supporting Recommendations for Future Transportation Improvements in the City of Cape Canaveral. Mr. Boucher introduced Mr. Hurtado who provided a summary of the public meetings conducted during the study. Mr. Fabian Hurtado, Keith and Schnars, P.A., explained that the Council's approval is needed in support of the study. He explained that an arterial investment study is intended to note deficiencies. Mr. Hurtado stated that the public meetings allowed lay and technical people to meet and discuss improvement concepts. Three sets of workshops were held: October 2000, May 2001 and finally in August 2001. 1 Mr. Hurtado related that in the first set of workshops concerns were identified; in the second set, solutions were formulated; and in the third set, concepts that gained community support were chosen. Mr. Hurtado said that endorsement from the communities is the final task. Mr. Hurtado explained that the after Council's endorsement, environmental concerns would be addressed to include stormwater management issues. He explained that the concepts are in the preliminary stages and subject to adjustments. Mr. Hurtado pointed out some of the concepts for Cape Canaveral as: • To realign the International Drive area in order to facilitate mobility, and • To use the existing rights -of -way in a bicycle /pedestrian networks 1 Mayor Randels asked when the City could expect evidence of the study. Mr. Hurtado replied four years. He said that minor changes might occur in the interim such as, traffic lights and landscaping. Mayor Randels stated that the City received a grant for $224,000 from the state and although the study merits waiting for results, Council would prefer to proceed with landscaping projects. Mr. Bruns expressed concern that the study does not extend to State Road 401 next to the Port and expressed the importance of similar roadway patterns in the interchange area. Mr. Hurtado g responded that the intersection could be included at a later time. Mayor Pro Tem Petsos asked what data is used for the traffic counts. Mr. Hurtado replied that the j Brevard Metropolitan Planning Organization (MPO) provides a model of the highest City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 Page 5 f potential density for the area. Mayor Pro Tem Petsos asked if tourist influx is included in the data. Mr. Hurtado replied that the MPO could provide those figures. Mayor Pro Tem Petsos questioned about the "grade separator" and said that the City has requested pedestrian crossovers from the Brevard (MPO) in previous years and asked that this be included in the study. Mr. Hurtado commended the City on its existing pedestrian access. Mr. Hurtado replied to Mr. Bruns' question on safe crossing that 1 landscape medians and refuge islands are in the concept plan. Mayor Randels clarified for the record that there are no concepts to increase Cape Canaveral roadways to six - lanes. Mr. Nicholas questioned about the opening at the intersection of N. Atlantic Avenue and Jackson Avenue. Mr. Hurtado pointed out that the fire trucks would be able to use the opening. Mayor Randels directed the City Manager to forward a copy of the Resolution to the firm after adoption. Motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For. I 9. Motion to Adopt: Resolution No. 01 -26, Amendment to the Escrow Agreement with Downs Development Corporation and the Villages of Seaport Master Association. Mayor Randels read the Resolution by title. 1 1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AMENDED AGREEMENT WITH DOWNS DEVELOPMENT CORPORATION, INC. AS SUCCESSOR TO MAXI -HOMES OF AMERICA AND THE VILLAGES OF SEAPORT MASTER, ASSOCIATION FOR THE REALLOCATION OF FUNDS TO FINANCE INTERSECTION CONFIGURATION AT W. CENTRAL BOULEVARD AND NORTH ATLANTIC AVENUE AND THE COMPLETION OF A TURNING LANE ON N. ATLANTIC AVENUE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 01 -26, an Amendment to the Escrow Agreement with Downs Development Corporation and the Villages of Seaport Master, Association. Mr. Boucher explained since Council approved to allow the Ridgewood Avenue right -of- way to expire, funds need to be redirected to assist the traffic flow in that area. Mr. Boucher clarified that earmarked funds for Ridgewood Avenue would now be reallocated for the North Atlantic Avenue turn lane. Mayor Pro Tem Petsos asked if the developers are in agreement. Attorney Bennett noted that some amounts needed amending. Mr. Boucher stated to increase the amounts in paragraphs A and B by $900. Mayor Randels acknowledged Mr. Mel Sawyers, President, Seaport Master Association and Mr. Tom Downs, Downs Development for the record. Mr. Sawyers and Mr. Downs acknowledged and accepted the resolution. Mayor Randels clarified that the City was not part of the payment plan to Allen Engineering. Motion carried 4 -0 1 [ with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Weber, For I i City of Cape Canaveral, Florida City Council Regular Meeting 1 August 21, 2001 Page 6 I DISCUSSION: I 1 10. Fire Hydrant Fees. i Mr. Boucher explained that the City Treasurer devised two payment plans for fire hydrant fees, 1) assessment to the tax bill, or 2) inclusion in the utility billing. Mayor Randels queried if $4.54 was sufficient as an additional charge. Mr. Boucher explained that historically the City incurred the fee for fire hydrants and this would represent a policy decision from the Council. Mr. Boucher said that this fee would be included on the November 2002 tax bill if that were the preferred payment method. Mayor Randels stated the consensus of Council as further discussion and directed staff to proceed to the next step. REPORTS: 1. City Manager • Mr. Boucher announced the FL League of Cities conference August 23 through August 25 and that three people would attend. • Mr. Boucher reported on the successful progress of the Manatee Sanctuary Park boardwalk. • Mr. Boucher reported on the status of various projects. i 2. Staff • No report. City Attomey • Attorney Bennett referred to his response letter regarding the transcript on the closed session held by the City of Cocoa Beach. Attorney Bennett stated that to date the City of Cocoa Beach had not offered names of potential mediators. Friends of the Library • Mayor Randels asked Ms. Jean Deck to display her tote bag with the 1 City Seal sold by the Friends of the Library. Ms. Deck said that the bags sold out during their initial selling period and more are on order. 3. City Council Mr. Weber • Mr. Weber questioned the next step regarding library use issues. Mayor Pro Tem Petsos clarified for the record that the Library use is a conceptual plan. • Mr. Weber reported on the litter in the construction area just north of Cherie Down Park. Mayor Pro Tem Petsos commented that Tom Bubb, Building Inspector, is monitoring the area I 1 1 City of Cape Canaveral, Florida 1 City Council Regular Meeting j August 21, 2001 x Page 7 Mr. Bruns • No report. I Mayor Pro Tem Petsos I • Mayor Pro Tem Petsos reported he received a response on the Tight poles and a Florida Department of Transportation permit is in order for installation of a street Tight at State Road Al A and North Atlantic Avenue. • Mayor Pro Tem Petsos commented on the newly formed pothole on Commerce Drive and asked if staff could call on the contractor to address the problem. • Mayor Pro Tem Petsos asked why Wendy's cut back the shrubs. Mayor Randels explained that the shrubs were too tall for safety purposes. Mr. Boucher replied that the Florida Department of Transportation made stringent requirements on the restaurant's landscape plan. Mayor Pro Tem Petsos I recommended contacting FDOT and informing them of the City's landscape codes. • Mayor Pro Tem Petsos reminded Council that qualifying begins on September 4 4 through the 18 • Mayor Pro Tem Petsos asked if Council could address the residents in the Ocean Oaks area regarding the 50 -foot right -of -way. Mr. Boucher replied i 1 that staff was instructed to proceed with deeding the property back to the respective owners. He related that Benko Construction dedicated the entire 50- foot right -of -way, if abandoned each adjacent property owner receives half. Mr. Boucher said that he would put together a cost estimate and that the property owners pay the cost of this procedure. • Mayor Pro Tem Petsos received the latest concurrency management data and provided a copy for Mr. Nicholas to address his concerns from a previous meeting about the sewer system. • Mayor Pro Tem Petsos reminded everyone that Cape View Elementary has discount coupon booklets to local area attractions and restaurants for $20. 1 I Mayor Randels • Mayor Randels reported on the new sidewalks on North Atlantic Avenue in front of Port Canaveral Trailer Park and displayed photos of the results. • Mayor Randels reported that the Department of Environmental Protection requested participants in a public workshop and he served on the reuse committee. The committee will research underground storage of reclaimed water. I • Mayor Randels announced that the Brevard Schools Foundation would meet on August 29 and is looking for mentors. • Mayor Randels announced that Bob Hyres is now with Waste Pro. • Mayor Randels reported that he was a presenter at Gardendale Elementary } School in a city simulation program with the Micro - Society class. 1 t City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2001 } Page 8 • Mayor Randels commented on the Harbor Heights notifications on the new sanitary sewer line construction from the Public Works Department. Mr. Boucher replied that the notices are in draft form and would be distributed prior to any work performed. • Mayor Randels reported on the change of officers at NOTU, Lt. Cmdr. Anita H.B. Wright, USN replaced Cmdr. Select Nannette S. Roberts, USN. • Mayor Randels asked for the status of the pepper tree ordinance. Mr. Boucher responded a Florida Statute prohibits cultivation and he would continue research. • Mayor Randels distributed Economic Trends information from the Economic Development Commission as well as the Economic Profile book for 2001/2002 that compiles valuable statistics on Brevard cities. • Mayor Randels acknowledged Ms. Jean Deck and the Friends of the Library for the thank you letter to the Council for the tote bags. • Mayor Randels reported that Publix Supermarkets is again looking for land and showing interest in Cape Canaveral. • Mayor Randels reported that the Canaveral Port Authority and the Army Corps of Engineers agreed on the sand bypass for the year 2004. • Mayor Randels distributed the new 528 Beachline bumper stickers from Larry Mullin , Chairman of the Florida Beachline Development Committee. AUDIENCE TO BE HEARD: Mr. James K Brown, Library Board Member, related concerns on the proposed plan to use the Library. Mr. Boucher said that he plans to meet with Tom Jenkins, Brevard County Manager, Catherine Schweinsberg, Library Services Director and Isabel Escapa, Cape Canaveral Library Director to inspect the meeting room and consider possibilities. ADJOURNMENT: There being no further business, a motion was made by Mr. Bruns and seconded by Mr. W €n the meeting at 9 :22 P.M. Motion carried unanimously. c'Y Ctio G 1.0 `_ ' Rocky Randels MAYOR 5UITL K 3