HomeMy WebLinkAboutMinutes 04-18-2000 Regular CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 18, 2000
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Larry Weber
Richard Treverton
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
El City Attorney, Kohn Bennett
City Clerk, Sandra Smith
Public Works Director, Edward Gardulski
Building Official, Dennis Franklin
PROCLAMATIONS: Mayor Randels read the National Day of Prayer proclamation
INTERVIEWS:
All candidates previously interviewed by respective Boards and recommended to
Council.
Candidates for Beatification Board:
Judy Hale, 110 Washington Avenue (Regular)
Elizabeth A. Mars, 430 Madison Avenue (Alternate)
City Attorney, Kohn Bennett, interviewed Ms. Hale and Ms. Mars jointly. Ms. Hale
has been a resident for five years and member of the volunteer corps for four
years. No other family members are board members.
Ms. Mars has been a resident for 3.5 years and served on a civic board in
Alabama. She has no family members of any Cape Canaveral Boards.
Mr. Bruns welcomed and admired both for their desire to serve the City of Cape
Canaveral.
i
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
L Page 2
Mr. Petsos stated that he knows both candidates and welcomed them both.
f
Mr. Treverton commended them for coming forth as relatively new residents,
whereas, it took him twenty years to come forth.
Candidate for Recreation Board:
Arthur Berger, 627 Adams Avenue (Alternate)
Mr. Bennett queried if Mr. Berger still resides in the same place as his previous
applications to other boards. He lives in the same place. Mr. Treverton
commended Mr. Berger's value to the Beautification Board. Mr. Bruns welcomed
Mr. Berger back to City service. Mr. Petsos queried Mr. Berger's position on grant
funding for parks and recreation facilities. He responded that it depends on a case-
by -case consideration.
I
ORDINANCE — Second Reading:
1. (405)Mayor Randels read Ordinance No 05 -2000 by title.
E AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD I t
COUNTY, FLORIDA, AMENDING CODE SECTION 110 -1, DEFINITIONS,
BY AMENDING THE DEFINITIONS OF HOTEL AND MOTEL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
1
A motion was made by Mr. Weber and seconded by Mr. Petsos to adopt
Ordinance 05 -2000 on second reading.
Mr. Petsos queried if this ordinance still requires building the entire 150 units to
meet the definition of a hotel. Mr. Bennett confirmed that it is still the
requirement. Mayor Randels expressed concern that the twenty -five percent
kitchen requirements were removed. He opined that history allowed conversion
from a hotel to a condominium. Mr. Bennett explained that a hotel is built only in
xP Y
a C -1 district and could not convert it to a condominium because they are not
I:
zoned appropriately and if a special exception could be received, all codes
would have to be met. It really is not possible to convert.
Mayor Randels proposed an amendment to the definition under motel to the
same definition as hotel. Mr. Bennett explained that the purpose demonstrates
the difference in a motel and hotel. Mayor Randels explained that a motel
should be required to have a 24 -hour office and staff. There was no second and
therefore, failed for lack of a second
1
i
1
i
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
Page 3
There was no public comment.
1
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
2. (640) City Manager, Bennett Boucher, explained that this would facilitate the
transition to the City of Cocoa Beach.
A motion was made by Mr. Petsos and seconded by Mr. Weber to approve the
Addendum to the Sewage Franchise Agreement with the Canaveral Port
Authority.
There was no public comment. 1 '
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
I
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For
3. (698) City Manager, Bennett Boucher, explained that this also facilitates closing
the agreement with the Canaveral Port Authority by requiring all outstanding
receivables have been paid before deposits are transferred.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the
Interlocal Agreement with the City of Cocoa Beach for the Transfer of Port
Customer Utility Deposits.
1
Mr. Treverton commended the City Attorney on drafting the agreement. There �
was no public comment.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
}
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For
4. (813) City Manager, Bennett Boucher, explained that the City participates in the
County Road Impact Fee Program. The City is drawing on the balance with the
County. It should cover the entire cost of the road.
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
Disbursement Transportation Agreement Impact Fee Trust Fund. with Brevard County for the Construction of
E Tower Boulevard, in the amount of $81,387.03 from the Brevard County
{
t
i
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
Page 4
L Mr. Petsos stated that it is too bad that these funds must be used for this
particular project, however, realizes it is necessary. He opined that the City
should avoid such agreements in the future.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
5. (904)A motion was made by Mr. Bruns and seconded by Mr. Petsos to
approve the Automatic Valve Control Emergency Repair, Public Works
Department.
Mr. Petsos queried why corrosion has appeared no older that the facility is He
queried if the actuators are sole source? Mr. Boucher related that he would I
have to research the issue. Mr. Bruns expressed concern that the new state -of-
the -art facility is experiences so many problems with repairs. He queried what I
the source of these problems is Mr. Gardulski will present a report in the near
future. �'
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, 1 .
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For
6. (1024) Mr. Boucher explained that the Public Works Director requests a few
more areas for design work in response to potential customers, including
inspection services.
Mr. Pekar stated that the proposal includes a survey as well He relates that the
costs are slightly lower than previous design and inspection services. Mr. Bruns
queried if this addition would complete the entire city connection. Mr. Pekar 1,
related that it completes the south end of the City. One more phase would
complete the northern end of the City. Mayor Randels clarified that it does not
mean that every house has been connected. Mr. Pekar further explained that it
does provide accessibility to all areas. Mr. Bruns queried if the current 60 -pound
psi would be maintained when all residents and the port come on line? Mr.
Pekar related that the psi could be maintained with the port on -line alone at their
current allocation. It could be foreseeable to require design and equipment
expenditures. Mr. Bruns maintained that all costs for providing extended
pressure due to port usage should be borne by the port authority.
P
P
9 Y
p Y
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
Design and Construction Inspection Services for Reclaimed Water Project
E Phase III, Part III in the amount of $17,300.
There was no public comment. Mr. Pekar related that the SJRWMD matched
funds baffle box is being installed this week at International Drive. This is the
first stormwater quality project for the City.
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
E Page 5`
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
7. (1819) Mr. Boucher explained that bid were let to meet the requirements of the
grant. He related that only Nautilus could meet the time schedule
requirements. Mr. Petsos queried if the City has the capacity to extend the time
period for planting?
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Awarding Bid No. 00 -07, Sea Oats Purchase & Installation for Sand Fence
Project, in the amount of $10,300 to Nautilus Environmental.
There was no public comment.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
RESOLUTIONS:
E 8. (2110) Mayor Randels read Resolution No 2000 -08; appointing Leo Nicholas
as Regular Member to the Planning and Zoning Board, with a term to expire on
September 15, 2003 by title.
p Y
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO
THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Treverton and seconded by Mr. Bruns to approve
Resolution No. 2000 -08.
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
t
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
i
i
,
9. Mayor Randels read Resolution No. 2000 -09; Re- appointing June Bell with a
term to expire on October 1, 2002 by title.
t
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
i
[
DATE.
A motion was made by Mr. Weber and seconded by Mr. Bruns to approve
Resolution No 2000 -09. There was no public comment.
I
I
1
I
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
Page 6
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, i
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
k
10. (2260) Mayor Randels read Resolution No. 2000 -10; Re- appointing Nadena
Easter as a Regular Member to the Community Appearance Board, with a term N
to expire on May 1, 2003.
I
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, ,
FLORIDA; RE- APPOINTING A REGULAR MEMBER TO THE COMMUNITY
APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
I
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Resolution No 2000 -10. There was no public comment.
t
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For
_ 11. (2316) Mayor Randels read Resolution No 2000 -11, State Road Al A
Landscaping Project for $200,000 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA PROVIDING FOR THE APPROVAL OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM
AGREEMENT FOR THE STATE ROAD AlA LANDSCAPING PROJECT,
PROVIDING FOR AN EFFECTIVE DATE.
{ A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve x
Mr. Boucher explained the contract language and related the expanded uses
of the program. The concept would be designed for approval by the Florida
Department of Transportation and then let for bid. Mr. Pekar related that SSA
would prepare computer- imposed photographs to depict how the various
properties would be affected in an effort to persuade their buy -in of the
project. Mr. Treverton queried if signs have been considered in the
landscaping models? Mr. Pekar related that current signage is being
considered. Mr. Bruns expressed concern that beautification of Al A is being
designed according to current size and height requirements due to Planning
and Zoning delaying size and height issues.
Kacee Weber queried if new grass has been addressed in the Al A
landscaping models? Mr. Pekar related that the Beautification Board should
sit in on the modeling workshops and grasses are valid concerns.
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
[ 1
Page 7
The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton,
For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For.
DISCUSSION:
12. (2870) Avon -by- the -Sea request to divert MSTU funds to City for Police Service
1
Mr. Boucher reviewed a letter received from the area association and related
that he informed all parties that City Council should address the issue before
extended conversations on the matter are incurred.
Mayor Randels related that he is responsible for initiating the issue of diverting
the responsibilities and MSTU funds. Mr. Bruns opined that the logistical
concept is understandable, however, funding is not likely to cover the actual
expense. He related that he is no willing to support the City attaining
responsibility for the area without guaranteed cost coverage.
Lt. Gary Young explained that annexation would be the only recourse for
1 covering the costs for full police service. Currently, they provide emergency
mutual Interlocal aid.
1 Mr. Bruns related that it is unreasonable for the City to consider especially in
view of the City's current ad valorem funding of $300,000 toward a more than
$1,000,000 police serve. He stated further that the issue of annexation came
before Council previously. The Avon -by- the -Sea area would have experienced
at most, a wash in taxation. He related that annexation discussions would be
the only avenue of considering the issue.
Mr. Boucher related that an annexation committee has approached him and
requested direction. Council concurred that the City Manager is the sole person
to negotiate the matter. The Mayor is in no way to address the annexation
matter. Mr. Treverton requested that the minutes reflect full authority to City
Manager, Bennett Boucher. Bill Hanson, a -b -sea resident, stated that the
committee expressed unanimous desire for annexation by the City.
13. (2, 82) Mr. Boucher explained that the funds are more likely to be considered
for an FDOT Transportation Enhancement Application. Consensus was for SSA to
develop a concept, including projecting costs to facilitate the grant application. Mr.
Pekar suggested that drainage components be added to the system. t
RT
REPO : S
14. City Manager's Report
t
1
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
Page
ti
o Lt. Gary Young reported that over 600 motorists were stopped, 100
citations were written and drunken driving citations were issued during a
northbound operations was performed. The DUI taskforce commander f
intends to return. The operation was performed on a Friday evening at
8:30 through 2:00 a.m. He explained that it was a very successful I
endeavor.
o Lt. Young reported that the mobile terminals are in and welcomes Council
to observe their effectiveness. They add speed, effectiveness and safety.
Response time is also decreased by the computer's use. Mr. Bruns
clarified that the computers are assigned to a deputy in the same manner
as cars and weapons, issued to one individual for 24 -hour use. Mr.
Boucher related that funding these computers is relevant to scheduling a
workshop to review the proposed capital budget. i
o General Fund Capital workshop and the City Attorney's seminar. May 2,
2000 at 4:00 was scheduled. The seminar would be conducted first.
o City received an award from the America Public Works Association for
environmental projects. Friday, April 28 will be the presentation meeting. A
safety award was also received.
o Todd Peetz is resigning from Ivey, Harris and Walls. He queried if the City
is interested in retaining Mr. Peetz through his private practice. Council
concurred to retain him, with concurrence from Ms. McNeely and Mr. t
Nicholas.
o Mr. Boucher queried if he should invite the Cape Canaveral Hospital to
attend the next joint meeting with the City and the City of Cocoa Beach.
Council concurred.
o Mr. Boucher related that a resident queried if citizens could receive a
rebate for their participation in recycling. Council concurred that it would
be difficult, but can be researched for feasibility.
o Staff is working diligently on budget preparation.
Audience `k
i
o Mr. Bill Hanson, resident, report that the truck traffic on North Atlantic Drive
is becoming extremely heavy and dangerous. Mr. Boucher stated that he ,
would request consideration by the port and the Solana development.
o Mr. Leo Nicholas, resident, queried if the dumpster for telephone books
would be placed at the library again this year. Mayor Randels stated that it
has been placed there.
o Mr. Leo Nicholas, resident, queried if hurricane protection has been
addressed. Mr. Boucher stated that film would be placed on the windows,
even though all other new library buildings were constructed with film ,
tt
already on the windows. ,
o Mr. Nicholas stated that 90spi of pressure should be required for the next
contract for reclaimed water. He opined that the port should be responsible
$
for funding the cost of maintaining pressure caused by them.
t
t
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
Page 9
o Mr. Jim Hale stated that a communications business on A1A has
automobiles for sale consistently for over a week.
CITY CLERK
No Report
t
CITY ATTORNEY
No report. i
Larry Weber
o Mr. Weber reported that 30 bags of trash were picked up at Banana
River Park, of which 28 bags were beer bottles and cans. He reported
that the same is true at the Manatee Sanctuary Park. Garbage cans
should be provided and signs installed prohibiting alcoholic
beverages. He related that there is also a homeless problem. The
Sheriffs Department needs to patrol the area as well.
o April 29 is a mangrove- planting project at 10 a.m. at Manatee Park,
including a cookout. He anticipates 60 -80 people.
o He announced his marriage to Kacee
i r
Richard Treverton
o There are several sponsorships for students to attend Camp Chance. He
reported that Officer Ernie Perry is championing the opportunity. Mr. Bruns
I I
reiterated that it is a tremendous opportunity for kids.
i
t
Burt Bruns t
o Mr. Bruns commended Mr. Petsos for championing the school bussing issue
for children crossing A1A.
o Mr. Bruns reported that Joy Salamone is a marvelous principal and she is
responsive to children's issues.
o Mr. Bruns reported that Peter Jurgel left Waste Management and will be
missed due to his active participation in community issues. I
F
Mr. Bruns related that impact fees, police service taxes collected do not cover City
services. Mr. Boucher related that impact fees are not allowed for expenditures for 1
anything other than expansion of service caused by developmental growth.
Mr. Bruns explained that emergency numbers for weekends are needed
r
1. Mr. Petsos commended staff quarterly reports and expressed concern that
the youth center is being utilized less. Further, the City should sponsor more
summer youth programs.
L o What is the status of the computer master plan? Mr. Boucher explained that
the plan is being worked on
Mr. Petsos queried about the status of the City Hall study. All reports have been
compiled, to see if space requirements can be accommodated according to
t
I
1
i
Cape Canaveral City Council
Regular Meeting Minutes
April 18, 2000
Page 10
industry standards he SSA architect is compiling some ideas for concepts. Mr.
Pekar related that the report should be ready in 5 to 10 days.
f
Mr. Bruns reminded Council that the stormwater master plan would have to be
addressed although it is expensive. Planning must be considered for appropriate
funding.
I
Mayor Randels i
o Corps of Engineers signing taking responsibility for 50 years of beach
renourishing.
o 200 at -risk youths were at the Radisson, costs incurred primarily by the
Radisson for training.
o Shriners have an open house in Melbourne on the 22 for medical
screening of children, without financial consideration.
o Tony Hernandez is profiled in this month's issue of Florida Profiles.
o Sheriffs Department commended for responsiveness to a substance abuse z
report.
o The deadline for the Florida Communities Trust is June 9 for outdoor
recreation and conservation. Mr. Boucher related that it ay be difficult to
obtain points for the Center Street Park because it is already asphalt. Mr.
Bruns queried if the baffle box installation will contribute points? Mr. Weber
queried if the south portion that is unpaved would be viable. I
o The submarine ball was a 50 anniversary for the Air Force in Cocoa Beach. K
o Brevard County will likely receive funding by the state for over $1 million.
o Mr. Petsos was commended for his participation on the space launch safety €
committee. t
o City of Tallahassee has a book for new residents that the City may consider.
I
There being no further business, the meeting adjourned at 9:50 p.m. I
I
C_O C,‘ \ C--10-/■,S24 1
Rocky Randels, MAYOR 3
fi ` l
mil �nte:
Sandra Smith, CITY CLERK
f t
I
1
[ i
I
i
k
F
F
i
k
y 3
i