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HomeMy WebLinkAboutMinutes 12-04-2001 Regular 3 CITY COUNCIL REGULAR MEETING { CITY HALL ANNEX .1 111 Polk Avenue, Cape Canaveral, Florida TUESDAY } December 4, 2001 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos 1 Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Morris Reid, Building Official Ed Gardulski, Public Works Director John Pekar, City Engineers, Stottler Stagg and Associates CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 20, 2001. 2. Approval of Employee Christmas Bonuses. Mayor Randels asked if any Council member, staff or interested party would like 1 to remove an item from the Consent Agenda for discussion. { No items were removed. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Items No. 1 and 2 on the Consent Agenda. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; I Mr. Treverton, For and Mr. Weber, For. 4 I I j City of Cape Canaveral, Florida I City Council Regular Meeting Minutes December 4, 2001 Page 2 F 4 i CONSIDERATION: 1 3. Design and Permitting Proposal of the West Side SR A1A Canal Pedestrian 1 Bridge from Stottler, Stagg and Associates. 9 l Mr. Boucher provided background on the proposed bridge. He reported that the City was reimbursed $38,000 from the Florida Department of Transportation for the east - side bridge project and this amount including County impact fee money was proposed for the west -side bridge. Mr. Boucher asked Mr.John Pekar of Stottler, Stagg for an engineer's estimate to prepare a bid packet and design for this project as well as construction costs. Mr. Pekar addressed Council for questions. Mr. Pekar affirmed to Mr. Morgan that the toal cost of the bridge would be approximately $60,000. He outlined the considerations on the west side that did not occur in the east side project, such as a large reuse pipe, drainage, the size of the high elevations on the down stream side and a difference in the soil. Mr. Pekar commented that the west side should receive pedestrian traffic from the apartments and restaurants. He named Trex as the considered material for the bridge due to its durability. I Mr. Treverton asked about the concrete pilings and if 20 to 30 years is the anticipated ' life span using pilings to which Mr. Pekar affirmed. Mr. Pekar replied minor maintenance might be necessary however the bridge construction is stable using the pilings. He also responded to Mr. Treverton that the bridge height would obstruct the purple reuse pipe. 1 Mr. Pekar affirmed that the design is similar to the existing bridge. Mayor Pro Tem Petsos then asked why design was not computed along with structural calculations. Mr. Pekar explained that although the bridges would look the same there were differences because of the use of the pilings and variations in the elevations. Mr. Pekar stated that the Florida Department of Transportation's (FL DOT) requirements were more stringent on this project due to the dissimilarities in the soil and the use of the pilings. f Mayor Pro Tem Petsos asked for clarification on the design. Mr. Pekar explained that I different dimensions are required in width and height on the west side bridge. Mr. Pekar also noted the attractive nuisance in the railing proximity to the reuse pipe. Mayor Randels expressed concern with misplaced sidewalk installation. Mr. Pekar stated that j the drainage was the problem however the sidewalks were correctly placed. Mayor Randels questioned if soil auger borings were included in the bid price? Mr. Pekar responded that this could be negotiated with the Council. Mayor Pro Tem Petsos questioned about the design for railings and ramps on the bridge at a cost of $8,000 and the design cost of $5,000. Mr. Pekar responded that the actual design is done in two parts. Mayor Randels questioned if Mr. Pekar could approximate the permit fees. Mr. Pekar stated that perhaps the FL DOT and St. Johns River Water Management could waive the fees. Mr. Boucher responded that a general permit fee might have been paid on the east side bridge. Mayor Pro Tem Petsos asked for clarification purposes if 1 Custom Docks constructed the east side bridge. Mr. Pekar responded that the builder j would still need an engineer to certify the structure and design. I I I 1 r 1 i City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 4, 2001 { Page 3 1 Mr. Morgan asked if a pre -cast structure was considered from a large firm. Mr. Pekar explained that this was not feasible due to the weak soil that necessitated the custom I build design. Mr. Nicholas inquired about the incompatibility in cost between the proposed wooden bridges at comparative steel bridge prices. Mr. Pekar explained that the proposed steel bridge price for the east -side bridge was to transport the bridge only I and not for the design. Mr. Treverton stated that $38,000 was recouped on the east side bridge however this bridge cost considerably more and the engineers might need to reconsider the design I cost. Mayor Pro Tem Petsos expressed that he would like to see more on the structural evaluation and design and not specifics on the railings. Mayor Pro Tem Petsos asked P y about the cost of the review. Mr. Pekar responded that computations are performed during the course of a structural review. Mr. Burt Bruns asked why the bridge construction could not be delayed in Tight of a freeze on other capital purchases. Mayor Randels replied that money was received from FL DOT for this project. Mr. Boucher also responded that money from the County transportation impact fees is also available. Mr. Weber requested that Mr. Pekar attempt to reanalyze the costs. Mr. Pekar replied to the Council that in a design build/project the City would pick a contractor and then i proceed to build, however this would constitute a sole source purchase in the bid process. Mayor Randels summarized that the consensus of the Council is to delay this ` project until further analysis is done on costs to include soil testing, permit fees from FL x i DOT and St. Johns and the possibility of a design/ build project. Mr. Treverton restated 1 that County impact fees would be acquired toward funding. j ORDINANCE: Second Public Hearing i 1 4. Motion to Adopt: Ordinance No. 06 -01; Amending Chapter 82 Relating to 1 Buildings and Building Code Regulations, at second reading. i Mayor Randels read Ordinance No. 06 -2001 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, I AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF THE FLORIDA BUILDING CODE, THE 2001 EDITION OF THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 1 A motion was made by Mr. Weber and seconded by Mr. Treverton to adopt Ordinance I No 06 -2001 at second reading. Mr. Morgan related that this ordinance's adoption is being delayed until March 2002. Mr. Reid agreed and stated that the language in the 1 L ordinance would need amending. Attorney McQuagge stated that the ordinance could 4 i 1 i I 4 City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 4, 2001 Page 4 be amended in Section 5 to read that the ordinance would take effect "upon its adoption by the Florida legislature." Mr. Reid reported on the wind gust speeds for other Brevard } County cities. He related that he preferred to make a decision in the best interest of the City and apply a wind speed standard of 130 mph. Mr. Reid explained that in Brevard County a line was determined to ascertain a wind speed for the coastal cities. Mr. 1 Morgan explained to the Council that he had inquired of Cocoa Beach who uses the 120 1 mph requirement, however a case could be made for either wind speed standard. Mr. 1 Morgan expressed that within a unified code there was no rationale for a difference in the wind speed between neighboring cities. Mayor Randels stated that the 130 mph 1 standard was Council's preference. Mr. Boucher asked for the difference in applying the wind speed standards? Mr. Reid replied that the 130 mph standard would increase construction costs. Mr. Weber stated that it is the Council's duty to protect the residents 1 of Cape Canaveral and he expressed confidence in Mr. Reid's determination. Mr. Weber amended the language in his motion to strike the date January 1, 2002 in Section 5 in that this ordinance would take effect "upon its adoption by the Florida 1 legislature." The vote carried on the amended motion 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. Treverton referred to Section 82 -14 that related to unfinished buildings that detract from the appearance of the immediate neighborhood and he anticipates further discussion of this at a later date. Mr. Treverton and Mayor Randels noted corrections to Section 82 -221 and 82 -233 to which the City Clerk will make prior to executing the document. The vote carried on the motion 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, 1 For. i RESOLUTION: 5. Motion to Adopt: Resolution No. 01-43; Officially Naming Caribe Drive and Tropic Beach Drive. 3 A motion was made by Mr. Weber and seconded by Mr. Morgan to adopt Resolution No. 01-44; Officially Naming Caribe Drive and Tropic Beach Drive. The vote carried on the motion 5 -0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. i DISCUSSION: 1 1 6. Enclosed Bus Shelters. I Mayor Randels responded to previous questions on the enclosed bus shelters in that 1 I Space Coast Area Transit Service (SCATS) would provide maintenance, SCATS would assume responsibility for vandalism, a federal grant would be applied to construction, liability insurance is the same as any other right -of -way, SCATS is responsible for 1 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 4, 2001 Page 5 } structural damage, plans for construction are sealed by a state certified engineer and the open architecture should preclude transient loitering. Mayor Randels affirmed that one shelter would precede any further installations. Mayor Pro Tem Petsos responded that he would not be against trying one shelter. Mr. Weber reiterated his disfavor with the bus shelter's aesthetic and Mr. Morgan agreed. Due to a majority of the Council in disfavor of the bus shelters, Mayor Randels concluded any further discussion. Mayor Randels said that he would relate to SCATS that this is not what Cape Canaveral envisions in its long term planning. 7. Brevard County Rave Club Ordinance; Opt -In Provision. Mr. Boucher replied that the County included fire and building code language in the ordinance and he found the ordinance quite comprehensive. Mr. Weber expressed concern with the County regulating the code for the City. Attorney McQuagge clarified that the City would regulate the permitting process. Mayor Randels questioned how the Council would proceed to opt -in on the ordinance. Mr. Boucher explained that the County's ordinance adoption in January would include Cape Canaveral if the Council chose to opt -in. Mayor Randels summarized that the consensus of the Council is in favor of opting into the County's ordinance. Mr. Boucher will forward the Council's decision and include the remarks that the City desires local review of application and permitting and local review of any appeals. 8. Sewer Rates. Mr. Morgan addressed the sewer rate study from Burton and Associates and the three percent per year rate increase. Mr. Morgan then asked when the storm water project would begin? Mayor Randels responded that the City is at the point of hiring someone for implementation. Mr. Boucher clarified that the sewer rates and the storm water utility rate plan are separate issues. Mr. Morgan referred to the resolution that called for a sewer rate increase of three percent over a five -year period. Mr. Treverton responded that a consultant was hired to compute City's income versus cost over years of sewer usage. Mr. Treverton related that the Council debated whether a two or three percent increase were necessary however the Council did not desire to operate the treatment plant deficient of funds. Mr. Boucher replied to Mr. Morgan that the City is meeting its debt service. He explained that initially the reclaimed water operations were in a build out phase therefore funds were expended. Mr. Morgan asked if there were any noticeable windfall of money since the reclaimed water system's inception. Mr. Boucher replied that he would need to calculate the amount of the three percent. Mr. Morgan stated that if there is sufficient revenue than there is no need to proceed with a three percent increase. Mayor Pro Tem Petsos related that the three percent increase was considered for upgrades to the facility. Mr. Morgan restated that an ongoing three percent increase would not be necessary if money is available. Mr. Boucher replied that growth that incurs additional revenue would be the factor in reducing an increase. Mayor Pro Tem Petsos replied that having available funds would enable the City to 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 4, 2001 1 Page 6 move forward with capital equipment purchases. Mr. Treverton noted that a possible surplus was considered during the sewer rate workshop. Mr. Morgan also addressed the cost of $1.05 for bulk mailing on water bills. Mr. Boucher explained that this process allows residents to submit one payment to the City of Cocoa as a matter of convenience. Mr. Morgan also asked how many hours were required to generate bills and if the cost could be reduced from the current $1.05. Mr. Nicholas related that the cost of billing has changed to water consumption that makes billing 1 calculations difficult. Mayor Randels related that the City's previously high water bill delinquency rate decreased dramatically once the City of Cocoa took over the billing process. Staff will review the current cost for billing through the City of Cocoa. is A motion was made by Mayor Randels and seconded by Mr. Weber to remove the Cooperative Purchase of Emergency Generator from the table for discussion at the next regular City Council meeting. Mr. Boucher related that Mr. Gardulski would submit the plans to retire the existing generator, the plans to use the generator at the Annex and the role of the new generator. Mr. Weber requested to include rental unit prices in the information submitted. The vote carried on the motion 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 REPORTS: I 1. City Manager • Mr. Boucher requested that Council proceed with ranking the storm water utility consultants. Mr. Boucher recommended that Council members look for qualifications. Mr. Morgan suggested a ranking form. Council directed Mr. Boucher to develop a ranking form and Council agreed to short-list the firms at the City Council Regular Meeting on December 18 • Mr. Boucher related that the City Attorney provides two free seminars per year. Attomey McQuagge recommended one -hour prior to a Council meeting. Ms. McNeely commented that Board members would also like to attend. Council agreed on December 18 at 6 P.M. for the Council workshop and staff will notify the Boards of a subsequent workshop in January. • Mr. Boucher requested a date to review the City Code. Council agreed on a Special Workshop for Code Review on January 15 at 5 P.M. • Mr. Boucher reported on the Library lease agreement. He related that a meeting was not entertained by the County to change the meeting room use. He also related that the County Manager suggested meeting with the County Commissioners. Council agreed not to proceed with use of meeting room at this time of deferred capital expenditures. • Mr. Boucher reported that he received proposals from Stottler, Stagg on City Hall and to expand the Public Works storage facility. He asked the Council to consider concepts for advanced planning. • Mr. Boucher related that Cocoa Beach has a proposed resolution to intervene on St. John's Water Management dredge and fill permit with the Cape Canaveral Hospital. t City of Cape Canaveral, Florida City Council Regular Meeting Minutes 1 December 4, 2001 Page 7 Council members agreed to continue to support the hospital through its previous resolution. • Mr. Boucher thanked the City Clerk for assistance during his absence at the last Council meeting. Mr. Weber • Mr. Weber thanked staff for the electrical outlets around the dais. I Mr. Weber left the meeting at this time. (9:00 P.M.) Audience to be Heard: • No comment. i 2. Staff Mr. Reid • No Report I Mr. Gardulski • Mr. Gardulski reported that he has been soliciting easements from the businesses on the Al corridor for the landscaping project. Mr. Gardulski named some the interested parties as: The Crab House, Doug Wilson, Hidden Harbour, Yogi's and Azteca restaurant. 4 City Clerk • No report I 1 City Attorney • Attorney McQuagge reminded that the City Aftomey's contract is scheduled for 1 renewal and would be placed on the December 18 "' City Council meeting agenda. Attomey McQuagge would become the named City Attomey upon contract renewal. 1 3. City Council 1 Mr. Morgan • Mr. Morgan reported on his meeting with Mr. Jerry Sales of Beach Pawn. Mr. ' Morgan plans to meet with both Mr. Sales and his wife to discuss landscaping in front of the Beach Pawn property. • Mr. Morgan reported that he is meeting with investors regarding a proposed supermarket on Tuesday, December 11 and he will make a subsequent report. • Mr. Morgan related that he received a telephone call from a resident on a truck with y a beautification logo. He inquired if this were part of the Bennix donation. Mayor Randels responded that the truck in question belongs to Council Member Weber that displays his "Keep Brevard Beautiful" logo. Mr. Treverton • Mr. Treverton expressed thanks to the Brevard County Sheriff's Department for their traffic control assistance on State Road 528 in light of the scrubbed shuttle launch. t 1 i f 3 3 g ti City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 4, 2001 Page 8 Mayor Pro Tem Petsos • Mayor Pro Tem Petsos questioned about progress on the sand filter issue. Mr. Gardulski reported that monitoring has continued with changes in the process. Mr. Boucher stated that no conclusive evidence has been found to establish that the firm who installed the equipment is liable. • Mayor Pro Tem Petsos asked if the Beautification Board could present Holiday Awards at the December 18 City Council meeting. • Mayor Pro Tem Petsos informed about the Governor's Municipal Mentoring Initiative workshop on December 11th. The City Clerk plans to attend. • Mayor Pro Tem announced the storm water marker project on Saturday, December 15 • Mayor Pro Tem Petsos questioned the number of unresolved citizen complaints and he also asked if names would be included on the complaint. Mayor Randels ' I • Mayor Randels inquired about the Editor's Day Out with Susan Smiley and asked if ' that event could be coordinated with the park dedication. Mr. Boucher clarified that the Manatee Sanctuary Boardwalk was the chosen location. • Mayor Randels suggested changing the name of the sewer fund to the water treatment or water reclamation fund. • Mayor Randels reported on the success of the watercolor art show held at the Cape Canaveral Public Library. 1 • Mayor Randels reported on a leak on the west wall of the library. Mr. Boucher replied 1 that sealant had been applied. • Mayor Randels asked about any interest in banners on the power poles through a federal grant. 1 • Mayor Randels reported that the Friends of the Library earned $2,792.80 on the Book Sale. • Mayor Randels also inquired about resolved issues in the Better Place system. Mr. 1 Boucher responded that life safety issues take precedence in Code Enforcement due to a staffing shortage in the Building Department. • Mayor Randels related that Cape Canaveral citizens have the second lowest ad valorem tax rate as reported by the County Property Appraiser's office. A motion was ma4 by Mr. Morgan and seconded by Mayor Randels to adjourn the meeting at 1 9:30 P.M. tiplorittgOclunanimously. 1, f I { ° ° Rocky Randels, MAYOR Su ` : :CITY: [ , 1„ ,, G 0D - w - 0--. 1 E i 1 2