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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