HomeMy WebLinkAboutMinutes 07-18-2000 Regular I
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
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111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
JULY 18, 2000
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Lary Weber
Richard Treverton
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
Assistant City Attorney, Mark McQuagge
City Clerk, Sandra Smith
City Treasurer, Andrea Bowers
Public Works Director, Edward Gardulski
PRESENTATION: Mr. Dave Schoenberger, Waste Management presented a
check to Lt. Gary Young of the Brevard County Sheriffs Office
for the cost of sponsorships to the Camp Chance Summer
Youth Program. Mr. Bruns related that his granddaughter
attended and explained that it is an excellently run camp for
kids.
ORDINANCES: FIRST PUBLIC HEARING
1. (Tape 1, 389) Mayor Randels read Ordinance No. 07 -2000 by title. Ordinance
No. 07 -2000; Repealing Sub - Paragraph (3) Of Paragraph (A)
Section 110 -470, Fences, Walls And Hedges; Providing For
Severability; Providing For Repeal Of Conflicting Ordinances And
Resolutions.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Ordinance No. 07 -2000.
There was no public comment.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
July 18, 2000
Page 2
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.
2. (Tape 1, 389) Mayor Randels read Ordinance No. 08 -2000 by title. Amending
I Chapter 94, Signs, By Re- Adopting The Chapter In Its Entirety,
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Providing Additional Definitions, Exceptions, Lighting, Criteria, 1
Standards, Conformance Time Limits, Off- Premises Signs, ii
Awnings And Canopies, And Automotive Service Station Signs; 1
Amending District Regulations Requirements.
A motion was made by Mr. Treverton and seconded by Mr. Bruns to approve
Ordinance No. 07 -2000.
City Planner, Todd Peetz, related that over - referencing was done and spelling
I errors were made, but no changes of substance. Mr. Bruns queried why real
estate brokers must display their broker numbers. City Attorney, Mark
McQuagge stated that he is unaware of a legal rationale for the requirement.
Mr. Bruns requested that the requirement be stricken. Beatrice McNeely,
Planning and Zoning Chair also was unaware of its purpose. Morris Reid,
Acting Building Official, did not know of its significance.
1 Amending motion to incorporate changes of over - referencing and spelling
errors, as well as striking the sentence in section 14 -76 by Mr. Treverton and
seconded by Mr. Bruns. Passed 5 -0
Mayor Randels queried when enforcement could be accomplished on window
signs in convenience stores. Mr. Peetz opined and Council concurred that it
can be done immediately upon removing the existing advertisements in
windows.
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:
3. (Tape 1, 389) Mayor Randels read Resolution No 2000 -22 by title.
Including clubhouses within the schedule of sewer rates for
Multi family residential units
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1 A motion was made by Mayor Randels and seconded by Mr. Treverton to
approve Resolution No. 2000 -22.
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1 E Mayor Randels explained that Villages of Seaport brought this matter to the
City's attention that they pay the commercial rate currently of 410 percent. Mr.
Petsos queried what the revenue impact would be City Treasurer, Andrea
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
July 18, 2000
Page 3
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j Bowers reported that it is equivalent to approximately $1700 per month less
revenue amongst the 13 current condominiums. Mr. Petsos expressed
concern that this $20,000 decrease in revenue was not a factor in the recent
sewer fee study that was approved two weeks ago.
The motion passed 5 -0, with voting as follows: and Mayor Randels, For.
4. (Tape 1, 1166) Mayor Randels read Resolution No. 2000 -23 by title.
Establishing a Reclaimed Water Rate for the Canaveral Port Authority.
A motion was made by Mr. Weber and seconded by Mayor Randels to
approve Resolution No. 2000 -23.
Mr. Petsos expressed concern that this is an inappropriate time to consider
this resolution in light of the conflict resolution with the City of Cocoa Beach.
Mr. Gardulski explained that the Port is ready to receive water and the City
has already agreed to provide reclaimed water. Mr. Treverton agreed with Mr.
Petsos' opinion even though he was initially inclined to approve the
resolution. Council concurred that staff should resolve the current conflict with
Cocoa Beach before going further with the Port. Mayor Randels queried if he
can speak with Mayor Scott. Council said no; staff should do the negotiating.
Ms. Jennifer Woodall, P.E., Hartmann & Associates, representing the Port,
reminded Council that the City of Cocoa Beach relinquished 100,000 gallons
of their initial allocation to be sent to the Port. Mr. Gardulski stated that water
will have to go into the river if we do not send water, is that the directive of
Council? Council concurred that in lieu of sending water to the river, it should
be sent to the Port at no cost. (if Cocoa Beach refuses)
Mr. Bruns made a motion to table the resolution and seconded by Mr. Weber.
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:
5. (Tape 1, 1678) School Resource Officer Agreement with the City of Cocoa
Beach
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
the School Resource Officer Agreement with the City of Cocoa Beach.
Mr. Treverton mentioned that this issue was discussed at the Budget
workshop and it is an honorable $3,008 expenditure.
City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
July 18, 2000
Page 4
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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
6. (Tape 1, 1812) Altemative Water Supply Cost - Sharing Agreement with the
St. Johns Water Management District
A motion was made by Mr. Weber and seconded by Mr. Petsos to approve
j the Alternative Water Supply Cost - Sharing Agreement with the St. Johns
Water Management District.
Mr. Gardulski explained that this is likely the last opportunity for reclaimed
water grant funding. The cost for this phase (16" line and jack and bore of Al A
and the wastewater plant to Al A) $290,000. The Second Phase of this
I Reclaimed Water Main at a future meeting.
A.
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.
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DISCUSSION:
(Tape 1, 2290) City Fireworks Code
Concerned residents presented this issue. City Attorney, there is a specific code
that was intended for larger displays; at this point state statutes have to be referred
to. Legislation can be drafted to prevent folks from using personal fireworks. It
would likely be challenged. It would be a tough sell and tough enforcement effort to
totally prevent fireworks on the beach. The issue currently is one of crowds.
Therefore, there is difficulty in enforcement. Lt. Gary Young stated that public
education is the key to controlling fireworks activities. There are sufficient existing
laws for enforcement. Mr. Treverton suggested that volunteers and police presence
be coordinated with the Fire Department also, as in years past. Lt. Young stated
that he would manage an overlapping schedule in an effort to reduce costs. Mr.
Gardulski suggested designating an area that could be supervised. Staff was
I directed to coordinate with police and fire departments to make recommendations.
REPORTS:
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14. City Manager — Bennett Boucher (Tape 1, 3600)
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o Mr. Boucher reported that next Monday could be used for a last Budget
Workshop. August 1 is when the tentative millage will be set. Consensus
was to cancel the budget workshop.
1 o The revised Stormwater Master Plan has been completed and is ready
to be scheduled for workshop. Mr. Bruns and Mr. Weber requested mid -
1 August.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
July 18, 2000
Page 5
o Thurm Boulevard is near completion. 1
o Notice was received Monday from Cocoa Beach for a conflict resolution
regarding reclaimed water. Our City Attorneys recommend adoption of a
I resolution requesting Cocoa Beach to adopt a procedural resolution for
resolving the conflict. Letter to Cape Canaveral indicates a breach;
j response indicates that we see differently and we request primary status.
A motion was made by Mr. Bruns to place an add -on item on the agenda to j
adopt the Conflict Resolution, seconded by Mr. Weber.
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Mayor Randels read Resolution No 2000 -24by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, PURSUANT TO §164.1052 FLORIDA STATUTES,
INITIATING THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN
I CHAPTER 164, FLORIDA STATUTES, REGARDING THE FOLLOWING
DISPUTE:
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I The City of Cape Canaveral, Florida & the City of Cocoa Beach,
Florida regarding that certain Interlocal Agreement dated April
6,1994, as amended by the First Amendment to Interlocal Agreement
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dated February 6, 1996.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve
Resolution No. 2000 -24. 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.
There was no public comment. Mr. McQuagge explained that staff would
represent the City, at this stage of the Conflict Resolution process. If there is
no resolution, then another meeting would be scheduled with joint Councils.
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.
3 Audience
o Mrs. Lee Vicidonimi, resident, queried will sand fencing continue? Mr. Petsos
responded that we would continue when turtle- nesting season is over
o Mr. Gene Petre, resident, expressed delight to hear the discussion regarding
the fireworks problems on July 4 He queried if the City has bicycle laws, not
using traffic signals, stopping or having lights. Mr. McQuagge related that bikers
are subject to the same traffic laws as vehicles, including illumination
requirements.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
July 18, 2000
Page 6
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Mr. Petre queried if there is a street lighting program. Mr. Gardulski responded
that we have a street lighting and pedestrian lighting programs.
Mr. Leo Nicholas related that he noticed that City Boards were not involved in
the budget process. He suggested that all boards be notified when the process
starts and bring them into the loop. Henceforth, draft budgets will be provided to
the boards.
Mr. Nicholas related that he went to the Library and City Hall to obtain a copy of
the County's Comprehensive Plan and it is unavailable in both places. Mr.
Peetz related that the county only distributes to selected libraries and no cities.
To obtain one, they must be requested from the County.
o Mr. Dennis Franklin, former Building Official, was present and related that he
has taken a position as Building Official with the City of Winter Springs.
CITY CLERK
o No report.
CITY ATTORNEY
o No report.
Larry Weber
o Two Brazilian Pepper busts are scheduled this Saturday and on July 26
He requested Council to help with a barbecue afterward.
Richard Treverton
o Mr. Treverton related that he has noticed that the DataGram advertises for
low interest loans.
o He met with Morris Reid, Acting Building Official, regarding leasing parking
spaces for City Hall.
Burt Bruns
o No report
Buzz Petsos
o No report
Mayor Randels
o No report.
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City of Cape Canaveral, Florida
City Council Regular Meeting Minutes
July 18, 2000
Page 7
i There; being no furth business, the meeting adjourned at 9:45p. m.
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Rocky Randels, MAYOR
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Sandra 1 M a- CITY`LI_ RK
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