HomeMy WebLinkAboutMinutes 05-16-2000 Regular CITY COUNCIL REGULAR MEETING
E CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 16, 2000
7:00 P.M.
Minutes
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
CALL TO ORDER: Council Member Present:
Burt Bruns
Richard Treverton
Larry Weber
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present:
Bennett Boucher, City Manager
Anthony Garganese, Assistant City Attorney
Susan Stills, Assistant City Clerk
Dennis Franklin, C.B.O., Building Official
Ed Gardulski, Public Works Director
John Pekar, City Engineer
Todd Peetz, City Planner
RESOLUTIONS:
1. <Tape 1,41 > Mayor Randels read the title of Resolution No 2000 -13:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; TO OFFICIALLY RENAME TOWER BOULEVARD TO THURM
BOULEVARD, LOCATED WITHIN THE CITY OF CAPE CANAVERAL,
REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA TO PLACE THE RENAMED ROADWAY THURM
BOULEVARD ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN
EFFECTIVE DATE.
Attorney Garganese stated that Mr. Robert Beals, attorney for the Fairvilla
Megastore, mailed him a letter requesting that Council delay the name
change for 18- months subsequent to approval. Mr. Beals cited the k-
expenses incurred by changing the name as his reason. Mr. Bruns
responded that Fairvilla advertisements use A1A as its address, not Tower
Blvd. Mayor Pro Tem Petsos stated that the Post Office allows a one -year
City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 2
time period for forwarding mail after a change of address and he therefore f`
did not approve to delay. On a final note, Mrs. Jan Leeser, former City
Clerk, asked the City to have a ceremony when the street sign is installed.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve
Resolution No. 2000 -13. Motion carried as follows: Mr. Bruns, For; Mr.
Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For.
2. <Tape 1, 279> Mayor Randels read the title of Resolution No. 2000 -14:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, TO OFFICIALLY DELETE THE NAME VILLA DRIVE AS A STREET.
A motion was made by Mr. Weber and seconded by Mr. Petsos to
approve Resolution No. 2000 -14. Motion carried as follows: Mr. Bruns,
For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For.
3. <Tape 1, 313> Mayor Randels read the title of Resolution No. 2000 -15:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; TO OFFICIALLY AMEND THE MAP DEPICTING LAKE DRIVE,
LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE
BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO
PLACE THE NAMED ROADWAY LAKE DRIVE AS AMENDED ON THE
OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve
Resolution No. 2000 -15. Motion carried as follows: Mr. Bruns, For; Mr.
Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For.
4. <Tape 1, 356> Mayor Randels read the title of Resolution No. 2000 -17:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE.
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve
Resolution No. 2000 -17 inserting the name Bertie Edwards with a term to
expire on June 1, 2002. Motion carried as follows: Mr. Bruns, For; Mr. ?'
Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 3
5. Cooperative Purchase of a Fire Rescue Vehicle
<Tape 1,410> Chief Sargeant explained the overall cost of the vehicle and
the savings by pre - paying. Chief Sargeant emphasized the durability of a
Pierce vehicle. Mr. Bruns asked where the vehicle is used. Chief
Sargeant stated that this is a small rapid response vehicle used
throughout the City and the Port. Mayor Randels clarified that this a four -
passenger vehicle. Mr. Bruns questioned the delivery time. Chief Sargeant
responded that a delivery is possible in 90 -days if the vehicle is in stock
and 6 months if it is unavailable. Chief Sargeant answered Mayor Randels'
question in that the truck would be located at the City station. Chief
Sargeant responded to Mr. Treverton that this vehicle would be a joint title
with the Port.
A motion was made by Mr. Bruns and seconded by Mayor Pro Tem
Petsos to approve the Co- Operative Purchase of a Fire Rescue
Vehicle in the amount amount of $73, 503. Motion carried as follows: $"
Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem
Petsos, For; Mayor Randels, For.
6. Bid No. 00 -06 Re- Cladding Roof; Street Department Building
<Tape 1, 660> Mr. Gardulski reported that one bid was received through
the bid process and the cost exceeded what was budgeted. He stated that
staff would review the need for this repair and a possible alternative to the
reclad. Mr. Mike Mila, of MGM Contracting, Inc., addressed his ability to
perform the roofing project at one -third of the cost to replace the building
without displacing employees. Mr. Bruns asked for an explanation of
recladding. Mr. Mile stated that this is a metal roof replacement that is
guaranteed for 20 years. Mr. Weber questioned the wind load. Mr. Mile
responded that the building would withstand at its constructed wind load.
Mr. Bruns expressed concern with the prudence of the roof reclad when
the previous workshop brought out the necessity for a larger building. Mr.
Gardulski concluded that the scope of the project had changed since
formerly presented for the bid process.
A motion was made by Mr. Petsos and seconded by Mr. Weber to Reject
all Bids. Motion carried as follows: Mr. Bruns, For; Mr. Treverton, For; Mr.
Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For
7. Interlocal Agreement with Brevard County for Disaster Debris
Removal
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 4
<Tape 1, 1180> Mr. Boucher expressed concern with USA Waste Inc.
performing clean up prior to return of residents in emergency situations.
Mr. Gardulski explained the necessity for this inclusive step as part of I
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emergency planning. Mr. Boucher explained further that if a storm
exceeds the ability of USA Waste Management to clear debris then the t
County would award the clearing of debris to an outside contractor. Mr.
Gardulski responded to Mr. Bruns that the County would file the Federal I
Emergency Management Act forms to recover costs associated with
debris removal. I
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A motion was made by Mr. Bruns and seconded by Mr. Petsos to
approve the Interlocal Agreement with Brevard County for Disaster
Debris Removal. Motion carried as follows: Mr. Bruns, For; Mr. Treverton,
For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For.
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8. Co- operative Purchase of a 100KW Emergency Generator for the I
Annex r '
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<Tape1, 1473 >Mr. Gardulski stated that this is an unbudgeted item,
however he reported on the disrepair of the current emergency generator.
He found a 100KW generator in a cooperative purchase with the City of
South Daytona. Mayor Randels asked if the generator could be used at
sewer lift stations. Mr. Gardulski stated that the generator could have
alternative uses with the purchase of a conversion kit. Mr. Treverton asked
if a generator could be purchased for half the size at half the cost. Mr.
Gardulski answered that since the City is purchasing this through a co- I
operative purchase, the bid cannot be altered. I
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Mayor Pro Tem Petsos queried purchasing the conversion kit and
potential alternative uses. Mr. Gardulski stated that he would investigate
the conversion kit and the possibility of tying in City Hall. Mr. Nicholas
questioned if there were grant funds available. Mr. Boucher responded I
that he participated on the Local Mitigation Strategy Committee and
reported on two awards given in the County. s'
A motion was made by Mr. Weber and seconded by Mr. Bruns to approve
the Cooperative Purchase of a 100kW Emergency Generator for the
Annex Building in the amount of $22,930. Motion carried as follows: Mr.
Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For.
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 5
9. Construction Inspection Services & Record Drawing for the Tower
Blvd. Project
<Tape 1, 1900> Mr. Gardulski stated his desire to reutilize excavation
materials from this project. He reported on the poor quality soil on the
project site. Mr. Pekar, City Engineer, reported that the swales on the road
are acting as drainage. Mr. Pekar also reported all utilities were located in
the project area. Mayor Randels queried about percolation. Mr. Pekar
explained the permitting process with the St. John's River Water
Management District and the inclusive testing. Mr. Bruns questioned a
sanitary sewer line if restrooms were needed at the Manatee Sanctuary
Park. Mr. Pekar responded that a manhole on Tower and Central Blvd.
could be utilized that would flow to the plant. Mayor Randels asked if
funds were available in the County road impact fees. Mr. Boucher
responded that the available funding should meet our needs.
Mayor Pro Tem Petsos expressed concern with Project Tasks II and III.
Mr. Pekar explained that Record Drawings were required after completing
the project, and these drawings were also a result of the punch list. These
Record Drawings are a requirement with St. Johns River Management.
Mayor Pro Tem Petsos queried performing compaction samples. Mr.
Pekar explained that because of the investment and the poor soil,
inspections are beneficial. Mr. Nicholas expressed that inspection services
are critical for the type of road and to preclude any future shifting. Mr.
Pekar stated that if pockets are found, the Department of Transportation
bridging methods are a possibility. For the record, Mr. Pekar agreed to
extend the terms and conditions of the proposal until May 16, 2000.
A motion was made by Mr. Weber and seconded by Mr. Bruns to approve
the proposal from Stottler Stagg and Associates for Inspection
Services and Record Drawing for the Tower Blvd. Project in the
amount of $13,000. Motion carried as follows: Mr. Bruns, For; Mr.
Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For.
DISCUSSION
10. Washington Avenue Park Sidewalks
Mr. Gardulski presented this project to Council on behalf of the
Beautification Board at a cost of $30,000. Mr. Treverton expressed
concerns with the cost of the decorative concrete versus plain concrete.
Mayor Pro Tem Petsos queried the random stone. Mr. Gardulski
responded that this is stenciled -in stone. Mr. Treverton expressed concern 4i
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 6
with the cost in light of other needed projects. Mr. Bruns responded that
cost could be recouped; however he asked if the sidewalk is ADA
compliant. Mr. Gardulski responded that the grading would only prohibit
skate boarding. Mayor Randels suggested converting the mulched path to
grass due to the upkeep and expense of the current path. Mr. Gardulski
restated that the sidewalk is the Board's preference. Mayor Pro Tem t
Petsos asked for a cost comparison with a concrete sidewalk. Mr.
Gardulski reported that the cost is twice the price per linear foot of a
regular concrete sidewalk. Mr. Boucher related about the street - scaping
around the Florida Mall in Orlando and that the color concrete is an I
aesthetic addition. Council directed Mr. Gardulski to perform further
research on practical alternatives.
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11. Ordinance No. 07 -2000, Repealing Sub - Paragraph (3) of i
Paragraph (a) Section 110 -470, Fences, Walls and Hedges. 1
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Mr. Weber referenced Code Enforcement Officer, Greg Mullin's proposed
verbiage. Ms. Beatrice McNeely, Planning and Zoning Board,
Chairperson, explained that the Board desired to refrain from future fence
exemptions. She requested that Council consider the visual effect of six -
foot fences in the City. Mr. Weber asked if materials were a concern. Ms. 1
McNeely responded that what is included in the ordinance is at the desire
of the Council. Mr. Weber asked if landscaping were included in the
exemption. Discussion ensued on including a landscaping clause. Mr. I
Bruns queried a potential conflict between the Community Appearance I
Board and the Planning & Zoning Board in requiring landscaping around
the fence. Ms. McNeely explained that the ordinance regarding the
Community Appearance Board allows that Board to recommend additional
landscaping. Mr. Russell requested that the Community Appearance
Board address the landscaping issue. Mayor Randels summarized that
the item would subsequently be addressed as a Council action. Mr. Peetz
expressed his concern with impeded vision at intersections due to six -foot
fencing. Mr. Franklin related on fence applicants who expressed
disagreement with presenting to the Community Appearance for approval.
Council agreed by majority for staff to draft an ordinance on Fences
using the proposed verbiage.
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12. Proposed Sign Code Amendments
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Ms. McNeely provided background on this discussion item. She stated
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that the Planning and Zoning Board addressed the issue two years prior,
E however the subsequent Town Meeting resulted in mixed emotions due to
sign size and height requirements. Mr. Todd Peetz, City Planner I
presented an ordinance omitting the sign size and height requirements
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 7
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and amortization time He received ten points to consider from Mr. Mullins t
to review with the Council. Mr. Bruns expressed the necessity of a
definitive, enforceable ordinance that could be amended later with size ,
and height requirements. Mr. Peetz addressed the definition of a true
ground sign in light of Council's desire to lower the sign height. Council
directed Mr. Peetz to consider Mr. Mullins' observations in the ordinance.
Mr. Boucher asked Mr. Garganese to speak on First Amendment issues
regarding signs. Attorney Garganese stated that deposits are required on k
political signs in the City that might prove unconstitutional. He cited this as i
a restraint on a person's right to exercise free speech. Mayor Pro Tem 1
Petsos responded that the City's ordinance requires a deposit that is I
refunded after the campaign. Attorney Garganese stated how commercial 1
speech could not be favored over non - commercial speech and the
ordinance needed to reflect that position. Attorney Garganese addressed t
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adult entertainment sign applications and the time for appeal. Mr. Bruns
asked to whom would an appeal be made? Attorney Garganese
responded that if the Building Official denied an application an
administrative appeal could come before the Council and beyond that to
the Circuit Court.
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REPORTS i
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City Manager I
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o Mr. Boucher reported on the sewer rate and impact fee study. Allocation
between expansion and non - expansion projects will be fine- tuned. A
workshop will be scheduled for some time next month.
o Mr. Boucher was encouraged by the P -2000 committee to purchase the t
oceanfront lot on Buchanan Avenue however there is a contract for the t
purchase of this property pending. Council discussed possible alternative
land purchases however the P -2000 application deadline is June 9th
o Mr. Boucher met with the new Port Authority Executive Director, Malcolm
McClouth regarding a future lane closure by Florida Department of
Transportation on the 528 Bridge. The Port requests that the City draft
a resolution in support of constructing a bridge with three lanes and
a configuration that maintains traffic flow.
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Audience to be Heard:
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No comment
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City of Cape Canaveral, Florida
City Council Regular Meeting
May 16, 2000
Page 8
City Clerk
o No Report
City Attorney
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o No Report
Mr. Weber
o Mr. Weber requested more trashcans at the Manatee and Banana
River Parks.
o Mr. Weber also would like the Sheriffs Department to patrol these two
parks.
Mr. Treverton
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o No report I
Mr. Bruns ,
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o Mr. Bruns questioned the Annexation status. Mr. Boucher responded he
provided the Avon -by- the -Sea study group information about the 1
City and is waiting for a reply. t
o Mr. Bruns asked when millage rates are established'? Mr. Boucher
responded in the latter part of June and said that he would redistribute
Budget schedules.
o Mr. Bruns questioned about the status of the Stormwater Master Plan?
Mr. Boucher reported the Marine Resources Council and St. John's River
Management District reviews the draft plan and provides comments to the
City.
o Mr. Bruns reported on the Fishing Contest at the Port. He commended
Nancy Hanson and Fran Norman for their work in Parks and
Recreation.
Mayor Pro Tem Petsos
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o Mayor Pro Tem Petsos asked for results from the Computer Master
Plan meeting on Thursday, May 18th 1
Mayor Randels
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o Mayor Randels queried the status of the Sewer Rate Study
commissioned to Burton & Associates.
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City of Cape Canaveral, Florida
I City Council Regular Meeting
i May 16, 2000
Page 9
o Mayor Randels asked for interest in our City becoming a member of
the National League of Cities. 1
I o Mayor Randels related that the International Law Enforcement games
would be held in Cocoa Beach from August 3 - 13. He is Chairman of
t he Signage/ Map Committee and volunteers are needed for 10 days.
o Mayor Randels requested research for storm/ hurricane shutters on
the Cape Canaveral Library since the City is responsible for its contents
3 o Mayor Randels asked for an update on the status of the Department of
Transportation A1A Beautification project. Mr Boucher reported that
the agreement is complete.
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o M ayor Randels reported that the C ounty Health department provides
free immunization at the Library for all children age 0 -18 years of age
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o Mayor Randels announced the Wild Flower License Plate kick off at a
Garden Party on Tuesday, May 23 in Winter Park to initiate the issuance
of the new Wildflower license plate. 1
i ADJOURNMENT:
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There being no further business, the meeting adjourned at 9:30 P.M. I
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------- C_VN.A ( - - -04 , -%S. (2 -Q.4...._ i
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L Rocky Randels, MAYOR
1 __,(44,0.,,, 4117.4,-
Su4St1lts A8SISTANT CITY CLERK
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