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HomeMy WebLinkAboutMinutes 10-03-2000 Regular City Council Regular Meeting City Hall Annex, 111 Polk Avenue Tuesday, October 3, 2000 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Richard Treverton E Larry Weber Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present: Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, Assistant City Clerk Morris L. Reid, C.B.O., Building Official Ed Gardulski, Public Work Director PROCLAMATIONS: Pharmacy Week Proclamation Mayor Randels read the Proclamation in its entirety. He then presented the proclamation to Mrs. Kathy Petsos on behalf of pharmacists. Mrs. Petsos announced that a pharmacist would be present at the Cape Canaveral Health Fair in November to answer any question regarding prescription drugs. DISCUSSION: Proposed Sign Ordinance Establishing Maximum Height and Size of Signs and Conformance Schedule I I <Tape 1, 166> Mayor Randels initiated discussion the proposed changes to the City's sign ordinance. Council agreed by majority to hear input from the audience for a specified time in order to accommodate the entire agenda. Council also agreed by f I majority to hear each person for three minutes and not to exceed beyond 8:30 P.M. Mr. Bill Mays, business at 8810 Astronaut Blvd, representing CaII One, Sheldon Cove, Quest Enterprises and Precious Collections. Mr. Mays responded to Mr. i f i City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 i i Page 2 Bruns' question that he resides on Merritt Island. Mr. Mays objected to the limited time for speaking and Council's desire to prohibit restating positions on the issue. Mr. Boucher explained the overall requirements developed by the Planning and Zoning Board. He stated the size as 150 square feet to 60 square feet, and a height from 30 feet to 12 feet, and the time of compliance as December 31, 2007 for amendment to the sign code were the prevalent issues. He emphasized that discussion during this item should be limited to those issues. Mr. Todd Peetz, City Planner, summarized that he used several other county sign ordinances to develop an ordinance that would provide ease of use and enhance City aesthetics. Mr. Treverton asked if beauty and aesthetics were primary factors. Mr. Peetz explained how large signs impede motor safety. Mayor Pro Tem Petsos questioned property value in light of signage. Mr. Peetz responded that Port Orange is most restrictive with an eight -inch high ordinance and property values in that area did not diminish. Mark Nelson, of 207 Arthur Avenue, representing his business at 160 Polk Avenue. Mr. Nelson expressed concern with the current length of the document. He also expressed concern that City signs remain exempt from the code. Joyce Murphy, of 227 Cherie Down Lane, representing King Rentals. Ms. Murphy expressed that changes in the sign ordinance affect businesses financially. She explained how signage provides a public image for the business. Ms. Murphy emphasized that a small sign is not practical for business. She related the cost of doing business without her current signage. Melvin Forrester, representing Christ Lutheran Church. Mr. Forrester related that the church reader board has greater visibility from the road using its current size of lettering. He stated that changing the sign would cause a financial burden for the church. Kurt Tezel, of Merritt Island, representing Discovery Bay and the Sun Seed Cooperative. Mr. Tezel expressed concern in using a smaller sign on a commercial corridor. He emphasized this discussion is a review of former meetings. Mr. Weber queried Mr. Tezel for his solution to the proposed amendments. Mr. Tezel related the traffic imposition in using a smaller sign and asked that no change be made to the sign code. Ms. Murphy asked if changes were made to the sign ordinance to date and their effect on businesses. Mr. Morris Reid, Building Official, explained the amendments in place. Mr. Reid restated that no signs are being removed at this time Mr. Bruns responded to Mr. Mays that if a sign were destroyed, it must be rebuilt to comply with the ordinance in the City code. i i 1 i s City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 [ Page 3 'Bn, , g s Industrial Randy O Park American of Merritt Boom Island & Barrie representin r. Mr. O his 'Brien busines explained at how 777 the Aerospace Port Orange area was a planned development and subsequently does not compare with , Cape Canaveral. Mr. O'Brien suggested a percentage on the amount repair to a damaged sign. Mr. O'Brien related a motor safety factor in lowering the signage. Mr. O'Brien summarized that the City might desire to conform to the County's proposed ordinance on signage. He expressed that leadership should come through responsible regulation and that Brevard County was considering 150 square foot signs; 30 -feet in height. Mr. Bruns noted that the County also favors understated signage. Jerry Sales, of Cocoa, representing Beach Pawn and East Coast Music. Mr. Sales stated that the businesses represented a prominent tax base in the City and that should be a consideration in regulating signage. Michael McDevitt, representing United Agencies. Mr. McDevitt expressed that safety should precede aesthetics in developing the ordinance. 1 Mary Jane Russell, Cape Canaveral resident, expressed that safety and locating a destination is an important factor in signage. Jim Morris, of Cocoa Beach, Cape Canaveral property owner. Mr. Morris stated that attracting businesses and jobs is imperative to a City. He explained how multi- tenant units face the difficulty of being recognized. Mr. Morris also emphasized the financial difficulty in replacing signs and asked if the City would find grants in providing signage. Mayor Pro Tem Petsos concurred that granting funding is a viable solution. i Dr. Leo Kerwin, representing his practice at 6811 N. Atlantic Avenue. Dr. Kerwin expressed his concern with frequent changes in sign requirements. Brian Yon, Merritt Island, representing Funntasia. Mr. Yon expressed concern that aesthetics appears to be the reason for the proposed changes and not safety. He stated the difficulty of visibility using a smaller sign within his heavily landscaped property. Mike W. Gulick, representing GO Signs at 8105 Canaveral Blvd. Mr. Gulick expressed concern that Cape Canaveral is following Disney's image by its proposition to lower signage. Alan Beals, Merritt Island, representing Spaceport AMOCO. Mr. Beals related how 1 this proposed sign change would effect a third sign change to his business. Mr. Beals stated how this change in signage would eliminate portions of his landscape. a g I I 1 1 City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 Page 4 Jim Peeples, representing the Radisson Resort at the Port, 8701 Astronaut Blvd. Mr. Peeples explained how the speed limit affects visibility. He related the financial investment in the hotel's signage. He also related the need for larger signage on large property. Mr. Peeples stated that a representative from Rusty's has data on safety statistics that he can forward to Council and staff. Bill Mays representing the businesses previously stated. Mr. Mays expressed concern with the safety issues of smaller signage. He stated on behalf of his tenants that smaller signage would make the units difficult to locate. Mr. Mays related how this issue was discussed in prior meetings and that a committee of business people was recommended to provide input. Mr. Mays recommended designated zones for lower signage. Bob Baugher, of Cocoa Beach, also representing the Radisson Resort at the Port. Mr. Baugher explained how changes to the sign ordinance would penalize a business such as the Radisson that is attempting to consolidate tracts of land. He related how deliberation is necessary before finalizing the sign ordinance. He stated that businesses also desire City beautification, however no one sign change is conclusive for all businesses. He requested that Council include business people in the proposed changes. Ms. Murphy questioned if a Committee would be formed prior to any changes. Mr. Boucher related that an attempt was made to gain input through a Committee, however participation was minimal. II The meeting recessed at 8:35 P.M. t The meeting resumed at 8:40 P.M. RESOLUTIONS: 1. Motion to Approve: Resolution No. 2000-40, Establishing Application 1 Fees for the Community Board. <Tape 2, 258> Mayor Randels summarized the Board's intent in changing in the application fees. Mr. Treverton suggested using the project cost as a basis for the fee. Mayor Pro Tem Petsos concurred with Mr. Treverton and also queried if a review of fence applications was necessary. Ms. Nadena Easter, Chairperson, Community Appearance Board was presented and asked that the City Attorney provide an explanation. Attorney McQuagge explained that the provisions in a Level I or II application necessitated review. Mr. Reid stated that fences that have a visual impact on the City are taken to the Community Appearance Board. Mr. Reid stated i the ordinance allows the Building Official to determine if a fence application requires review. Attorney McQuagge explained that fence applications are submitted from 1 I i City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 Page 5 two different perspectives in that the Community Appearance Board addresses aesthetics and Planning and Zoning addresses construction. Ms. Easler stated that Council determines the verbiage of the ordinance. Mr. Reid explained that the fee covers administration costs. Attorney McQuagge restated how other level applications are affected by eliminating the cost. Mr. Boucher recommended allowing the Board to workshop the ordinance with subsequent changes. An amendment to the main motion was made by Mr. Treverton and seconded and seconded by Mayor Pro Tem Petsos to change the amount in Section One, Level One, Paragraph D to a zero amount. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve Resolution No. 2000 -40 to Establish Application Fees for the Community Board. 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. 2. Motion to Approve: Resolution No 2000 -42, Sewer Rate Resolution. <Tape 2, 765> Mayor Randels read Resolution No 2000 -42 in its entirety. Mayor Randels queried the change of the resolution number of that on the Agenda. Mr. Boucher explained that the City Attorney recommended a new number since the prior Resolution No. 2000 -26 was not acted on. Mr. Bruns spoke in favor of the resolution in that a study was performed and the results necessitated an increase in sewer rates. Mr. Treverton concurred and stated that this resolution would assist in managing the City's finances. Cathy Barnes, of Lindsey Court queried the percentage of increase over the number of years. Mr. Bruns responded that this is a three percent increase over a five -year period. Ms. Barnes expressed concern with using discretionary overall increases. Mr. Bruns recommended that Ms. Barnes review the study document to gain further insight on the need for an increase. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Resolution No. 2000 -42 to increase Sewer Rates effective January 1, 2001. There was no public comment. f City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 Page 6 } 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. Motion to Approve City Council Regular Meeting Minutes of September 19, 2000; Budget Hearing Minutes of September 5, 2000 and September 21, 2000. 1 Mr. Weber made a correction to add "For" or "Against" with each Council members vote in the September 19, 2000 meeting minutes. i A motion was made by Mr. Weber and seconded by Mr. Treverton to approve the City Council Regular Meeting Minutes of September 19, 2000 with Mr. Weber's correction and the Budget Hearing Minutes of September 5, 2000 and September 21, 2000. 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 i 4. Motion to Approve the Stormwater Master Plan <Tape 2, 1100> A motion was made by Mr. Bruns and seconded by Mr. Weber to F ' approve the Stormwater Master Plan. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For 5. Motion to Approve the Final Plat of Murphy's Portview Townhomes. B' <Tape 2, 1183> Mr. Treverton queried how the lot was subdivided and asked Mr. Murphy if future development is forthcoming on a 25 -foot parcel. Mr. Ed Mills stated that the portion in question is not part of the plat. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to approve the Final Plat of Murphy's Portview Townhomes. The motion passed 5- 0, with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. i 6. Motion to Approve the Final Change Order for the Water Reclamation Project, Phase III 1 <Tape 2, 1300> Mr. Gardulski explained that this request is to provide financial closure for the fiscal year. He also related that the cost for services was omitted and would be added from the bid tab sheet. He reported on the success of the project overall. Mayor Pro Tem Petsos queried the amount of pipe installed. Mr. Gardulski reported that the project is consistently and thoroughly reviewed. Mr. Gardulski affirmed for Mr. Bruns that the project had traversed the A1A corridor. Mr. Treverton i i i i i I City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 Page 7 expressed concerned with the cost of the change order. Mr. Gardulski explained that the project is unit priced and subject to change. Mayor Pro Tem Petsos addressed that residents who did not apply needed a cost implements to their request for service done after the current installation. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Final Change Order for the Water Reclamation Project, Phase III in the amount of $70,066.10. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. 7. Motion to Approve the Request for Proposals #01 -01, Ranking of Engineering Consulting Services for Wastewater Operating Permit Renewal. <Tape 2, 1700> Mr. Boucher explained the how the bid process length of time affects the state requirement to submit the renewal application. Mr. Gardulski stated that of the firms submitting Request For Proposal's (RFP's) some are familiar and some are new. Mr. Gardulski stated that the RFP's were advertised and that the plant has technical needs as well as the need to renew its permit. Mr. Gardulski reviewed his criteria for ranking the firms. He ranked the firms as follows: • Hartman (1) — The firm designed the Water Reclamation facility • Boyle (2) — Engineer at firm performed previous permitting applications • McKim & Creed (3) - Performed past projects for the City • Brown and Caldwell (4) - Experience with the City • ATM (5) Representatives visited the plant, Vice President of firm, former FL Dept of Environmental Protection director of permitting I` • ASH (6) • CAP (6) The firms were scored by related experience in meeting the scope of the Request for Proposal. Mr. Gardulski explained that the lower ranking two were so named due to the size of their previous projects. Mr. Bruns expressed concern with ranking Hartman and Associates first in light of the improper design of Sand Filter project. Mr. Gardulski explained that the firm met the necessary requirements for the scope of the proposal. Mr. Boucher related his choices as: • McKim & Creed (1) — Past experience with City projects • Boyle (2) — Appropriate response to the RFP • Brown & Caldwell (3) [ Mr. Boucher related his top three choices only for expediency due to the lateness of 3 the hour. i ( i , City of Cape Canaveral, Florida City Council Regular Meeting October 3, 2000 Page 8 i Mr. Weber chose Boyle Engineering, Brown & Caldwell and McKim & Creed as his top three choices. Mr. Treverton concurred with Mr. Weber. Mr. Bruns chose Brown & Caldwell as number one with no preference for a second or third choice. Mayor Pro Tem Petsos chose Boyle first due to their permitting experience, Brown & Caldwell, second and McKim & Creed, third. Mayor Randels chose Hartman & Associates first; Boyle, second; and Brown & Caldwell, third. Mr. Gardulski responded to Mayor Pro Tem Petsos that permitting renewal experience was essential in his ranking. Mr. John Pekar summarized that Council has determined a short list and they might want the Engineering firms in attendance at this meeting to provide a presentation. Mr. Boucher queried if the firms were ready for presentation. Discussion ensued on a subsequent meeting date and time for presentations. A special meeting is scheduled for Monday, October 9 at 5:00 P.M. and the top three firms selected will make a 20- minute presentation. I t I 8. Motion to Approve the Amendment to the Collective Bargaining ; Agreement with the International Union of Operating Engineers, Local 673 (AFL -CIO). , <Tape 2, 3443> Mr. Boucher explained that the Articles were signed off however j wages were an issue. Mr. Boucher reviewed the Leaves of Absence benefit in that two additional days of leave are acquired if no days of sick are used which is concurrent with non -union privilege. Mr. Boucher explained how holiday pay provided to the non -union employees would be provided to Union employees. Mr. Boucher related that Union employees are requesting a 4 percent increase in wages. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the three Articles agreed upon in the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673 (AFL -CIO) and to defer the Article pertaining to Wages. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro t [ [ - Tem Petsos, For; Mayor Randels, For r Council agreed by majority to adjourn the meeting at 10:06 P.M. k I C Rocky Randels, AYOR I ___JaletA4...- 4-fr../..---- Susan Stills, ASSISTANT CITY CLERK [I P k t i f