Loading...
HomeMy WebLinkAbout04-15-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 15,1997 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES Council Members Present Burt Bmns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Deborah Haggerty Barker Building Official, G. J. "Whitey" Moran Public Works Director, Edward Gardulski Mayor Porter recognized a group representing Long Point Road and the neighborhood park issue. He queried if the group would prefer that Council call a special workshop meeting to hear their concerns or wait until the Audience to be Heard section at the end of the meeting. The group preferred to return to a special meeting specifically for the proposed Long Point Road Neighborhood Park issue. The meeting was scheduled for Thursday, April 22, 1997 at 7:00 p.m. PRESENTATION: (Tape 1, 205) Jennifer Taylor, Economic Development Council, Presented a Community Data Summary Brochure relating demographic information about the city. INTERVIEWS: (Tape 1, 334) City Attorney, Kohn Bennett , interviewed Ms. Dolores J. Stribling, as a candidate for Community Appearance Board membership. Ms. Stribling stated that she has lived in Cape Canaveral for over twenty years. Neither she nor any family member serves on a City Board. She related that she is interested in this board because of her interest in the appearance of the City. Mr. g: tyotk\mmutes tmmo415 -97.aoc 1 1 1 City Council Regular Meeting Minutes April 15, 1997 Page 2 Bennett queried if she would have a problem not addressing the technical building codes and focus strictly on appearance. Ms. Stribling responded that she understands and has no problem. Mr. Bennett interviewed Norman Boucher and Randall Byrd, as candidates to the Construction Board of Appeals and Adjustment. Mr. Boucher stated that he understands the membership role to be one of interpreting the technical codes. He related that he has no problem serving in a quasi-judicial capacity to either affirm or reject the opinion of the Building Official. He related that his professional experience provides him with an ability to discern the codes. There is no residency requirement for this board and Mr. Boucher has no family member on a City Board. Mr. Byrd stated he understands the membership role of this Board. He related that he has no problem serving in a quasi-judicial capacity to either affirm or reject the opinion of the Building Official. He related that he is a civil engineer and threshold inspector, which provides him with an ability to discern the codes. Mr. Byrd has no family member on a City Board. CONSIDERATIONS: 1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of April 1,1997. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. (Tape 1, #681) 2. City Treasurer , Deborah Haggerty Barker, presented the Quarterly Treasurer's Report and Budget Transfers. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Quarterly Treasurer's Report and Budget Transfers. . The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. (Tape 1, 699) Mayor Porter, City Manager Boucher, and Mayor Pro Tem Randels presented Ms. Barker with a plaque, commending her for serving the city well during her tenure. They also extended well wishes to her in her new endeavors with the county. RESOLUTIONS: 3. Mayor Porter read Resolution No. 97 -09 by title. (Tape 1, 990) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97- 09, inserting the name Thomas Quinn, appointing him as a regular member to the Construction Board of Adjustment and Appeals.. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 1 1 1 City Council Regular Meeting Minutes April 15, 1997 Page 3 4. Mayor Porter read Resolution No. 97 -10 by title. (Tape 1, 1080) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STARMER AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Bruns to approve Resolution No. 97 -10, renewing the Engineering Services Contract with Stottler, Starmer and Associates. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns, For Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - FIRST READING: 5. Mayor Porter read Ordinance No. 06 -97 by title. (Tape 1, 1784) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY THE ADDITION OF A NEW SECTION 110 -482, UNDERGROUND UTILITIES REQUIRED, BY PROVIDING FOR THE CONSTRUCTION OF UTILITIES UNDERGROUND ON ALL NEW CONSTRUCTION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Ordinance No. 06 -97 for second reading. City Attorney, Kohn Bennett stated that the updated ordinance includes the references that installations must be by directional boring. Mr. Petsos expressed concern that determinations should be with input from the City Manager and Public Works Director. An amending motion was made by Mr. Petsos and seconded by Mr. Bruns to change the sentence ...as determined by the City Manager, with input from the Building Official and Public Works Director. There was no public comment. The amending motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. There was no public comment on the main motion. The main motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 6. Mayor Porter read Ordinance No. 07 -97 by title. (Tape 1, 2162) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT. ARTICLE II, COMMERCIAL DEVELOPMENT BOARD, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 22 -28, COMPOSITION; QUALIFICATIONS, BY AMENDING SUBSECTION (a) REDUCING THE NUMBER OF MEMBERS OF THE BOARD TO FIVE (5) REGULAR MEMBERS AND TWO (2) ALTERNATE MEMBERS; PROVIDING FOR SEVERABILITY; 1 1 1 City Council Regular Meeting Minutes April 15, 1997 Page 4 PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Ordinance No. 07 -97 for second reading. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. DISC[TSSION: 7. (Tape 1, 2209 & Tape 2) Mr. Tim Fadul, District Manager and Mr. Bob Hiers, Governmental Manager for the State of Florida, were present requesting a Garbage Contract extension for USA Waste Industries. Mr. Fadul specified improvements to service that have been made since Western Waste's merger with USA Waste Industries. He enumerated the following in exchange for an early extension to the Garbage Contract: • Residential rate reduction - $1 per unit • Recycling profits passed on to the city - 100% versus 50% as currently contracted • The $1 reduction would be in effect until 1999, then the current program would be reinstated based on 85% of the CPI, not 100%. • Decals on dumpsters can be changed to please those residents who do not like the current ones. • Roll -off rates can be negotiated by the City . There would be no change in commercial front load service rates Council consensus was to decline the contract extension and let for bids before the contract terminates because it has been more than 15 years since the contract has been submitted for bid. Mayor Porter requested that USA Waste consider offering the $1 rate reduction to residential customers regardless of the contract extension. Mr. Fadul stated that he would need to respond in writing after consulting with representatives of USA Waste. 8. (Tape 2, 211) City Manager, Bennett Boucher, explained the crux of the proposed Interlocal Equipment Agreement with the City of Cocoa Beach. Mr. Ed Gardulski, Public Works Director, opined that the rates appear to be out of sync with FEMA rates (Federal Emergency Management Agency). Mr. Petsos stated that the contract appears to be amenable to him. He queried if the FEMA rates are applicable only to emergencies and disasters. Mr. Petsos requested that a recital statement be added as follows: Whereas, the rates and contract specifics provide for cost savings to the City of Cape Canaveral and the City of Cocoa Beach. Mr. Hernandez opined that the contract is good and provides an opportunity for us to utilize arbitration rather than litigation. He requested that paragraph 13 be changed to mandate arbitration in the event of a dispute. 9. (Tape 2, 410) City Manager, Bennett Boucher suggested and Council concurred that the City Hall Remodeling should be considered during Budget discussions. 1 1 City Council Regular Meeting Minutes April 15, 1997 Page 5 10. (Tape 2, 476) Mayor Porter related to Major George McGee, Canaveral Precinct Commander, that the issue regarding the Ballpark Area Patrol stems from the Council trying to make the community family /youth friendly. He related that there have been reports of undesirable people loitering around the city parks intimidating some people. Major McGee responded, in order to guarantee that a deputy will be at the park during Little League games and practice will incur overtime costs of approximately $4,000 from now until May 20. He stated that there has been no increase in personnel since 1988 and the call load has doubled. Sargeant John Boyd reported that there have been 659 calls to the Youth Center since January, this year. He related that they have been trying to be there and take calls from the ball field, but sometimes it is not possible. Mr. Randels queried, what will solve the problem of diminishing the number of undesirable people from city parks, the youth center and ballpark, particularly? Major McGee responded that only money would provide for adequate patrol staffing. Council concurred to allocate $4,000 to fund patrol overtime during Little League hours until May 20, 1997. Meanwhile, staff is directed to obtain costs for staffing a Park Ranger who could be employed on a part -time basis. Mr. Petsos queried Major McGee regarding the Crime Line. He related that he has called numerous times and the telephone is not answered nor is there a recording. Major McGee related that he would get it working again, carried by someone on each shift. Neighborhoods to Standard Program (Tape 2, 1932) Mayor Porter showed a video produced by the City of Houston regarding their Neighborhood to Standard Program. The video brought to light several concepts for programs and projects that the City of Cape Canaveral has already instituted,. The video demonstrated that we are of the right mindset with our approach of being co- active (residents with government); the sidewalk prime path plan; police protection; eliminating drug houses; and revitalizing neighborhoods. By maintaining our infrastructure, we are fulfilling our mission to make our city a safe, clean, affordable and revitalized residential community. REPORTS: City Manager - Bennett Boucher (Tape 2, 2950 ) Mr. Boucher reminded Council of the Workshop Meeting to be held on Thursday, April 24, 1997 at 7:00 p.m. to hear from residents regarding the Long Point Road Neighborhood Park. 1 1 1 City Council Regular Meeting Minutes April 15, 1997 Page 6 • Mr. Boucher reported that a $75,000 Reuse Grant has been approved. He related that the city might be able to connect all residents at no cost to them. He stated that he would negotiate with the City of Cocoa to assist with the installations. • Mr. Boucher reported that the Cape Canaveral Public Library would re -open on April 21, 1997. He also reported that the stained glass city logo is in place, as well as the library sign. • Mr. Boucher reported that the Evaluation and Assessment Report (EAR) has been approved by the Department of Community Affairs. He commended the LPA for their long and diligent work on the EAR. • Mr. Boucher reported that Public Works Director, Ed Gardulski, has performed research on linking the city north and south by constructing a bridge over the Canaveral Creek Mr. Randels suggested that there might be ISTEA funds available for this type project. Mr. Boucher related that County Impact Fees might be available also. Council concurred to take the next step toward determining a viable concept for building the bridge. City Engineer, John Pekar, was instructed to talk with the Department of Transportation regarding safety issues in conjunction with the ped way, which could produce potential funding for the bridge. • (Tape 2, 3940, Tape 3) Mr. Boucher reported that a pre - application meeting was held with the contractors of the proposed Holiday Inn, a 150 -room hotel, to be certain the city's position is clear on development, appearance and that all city codes are understood in regard to their pre - construction and construction concerns. Audience • No report. City Clerk - Sandra Sims a No report. City Attorney - Kohn Bennett • No report. Mayor Pro Tem - Rocky Randels (Tape 2, #413) • Mr. Randels referred to the pre - application meeting held with the proposed Holiday Inn representatives that Mr. Boucher mentioned. He related that plans were changed according to the Building Official's recommendations which results in the beginning of a good relationship. Council Member - Buzz Petsos (Tape 2, #453 • Mr. Petsos commended Time Warner Cable for their segment on Cape Canaveral. He related that City Manager Boucher has the video which he has shared with Capeview Elementary. 1 1 1 City Council Regular Mating Minutes April 15, 1997 Page 7 • Mr. Petsos requested confirmation that the Town Meeting scheduled for May 5, 1997 is for NASA, the Air Force and Brevard County Emergency Management to discuss the Cassini Launch and safety issues in that regard. Council concurred that the meeting is intended only to inform local residents, not a forum for debate. Council Member - Tony Hernandez • No report. Council Member - Burt Bruns (Tape 2, #751) • Mr. Bruns commended Mr. Boucher for obtaining the St. Johns River Management Water District grant for $75,000. Mayor - John Porter (Tape 2, 11790) • Mayor Porter reminded Council that members need to be recruited to the Chamber of Commerce. The meeting adjourned at 10:20 p.m.