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HomeMy WebLinkAbout06-17-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 17, 1997 7:00 P.M. 1S NUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Council Members Present Burt Bruns 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 Acting Public Works Director, Karen Pappas City Treasurer, Andrea Bowers Mayor Porter presented Ms. Pat Phillips a Mayor's Award plaque for her years of volunteer work. Ms. Phillips was a charter member of the Beautification Board in 1981. PROCLAMATION: Council Member, Buzz Petsos, read the proclamation promoting Code Enforcement Officers Appreciation Week. Greg Mullins, the city's Code Enforcement Officer, was commended for his good work. CONSIDERATIONS: 1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the May 6, 1997 Regular City Council Meeting Minutes. 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, 178) ecityclk\ minutes \regular\1997106- 17- 97.doc 1 1 1 City Council Regular Meeting Minutes June 17, 1997 Page 2 2. (Tape 1, 190) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the Hartman & Associates proposal for Design Services for the East SR A1A Pedway, in the amount of $15,900. City Manager, Bennett Boucher, explained that Hartman & Associated designed the sewer main for the Canaveral Port Authority and the survey work is completed. The project will be bid inclusive with the Port Authority's project. The five -foot pedway will begin at Commerce Street and end at Harding Avenue. Funding for the design is provided by Brevard County. 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. 3. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Internal Improvement Trust Fund (11'14) Land Lease Agreement with the Canaveral Port Authority. City Attorney, Kohn Bennett, asserted that the Lease Agreement does not depict an ingress and egress to the property; there is no proper legal description; and the Port reserves any riparian rights to the property. During discussion, it was determined that further information is needed regarding the original legislation that mandated the lease. A motion was made by Mayor Porter and seconded by Mr. Hernandez to table the issue. 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. 4. (Tape 1, 1272) A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Cost Share Agreement with St. Johns River Water Management District that provides a $75,000 grant for Phase I of the reclaimed water system. Mr. Petsos queried, what is the policy for installing the hook ups? Mr. Boucher responded that the procedures have not been finalized, however, they will be in conformity with state guidelines. Consensus was for staff to present a report on the status of the installation policy, including costs at the July 15, 1997 meeting. 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. S. (Tape 1, 1630) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Outdoor Entertainment Permit for the Cocoa Beach Area Chamber of Commerce, Wednesday - Friendsday event on July 2, 1997, waiving the filing fee, cash clean up bond and the open container of alcoholic beverages within the event area only. An amending motion was made by Mr. Randels and seconded by Mayor Porter to waive the tent inspection fees. Major McGee queried if overtime pay is being granted for officers on duty during the event. Council concurred that overtime will be funded. 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. The main motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hemandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. G CitycRWINUTES\REQULAR.\i9mos- i797.aoc 1 1 1 City Council Regular Meeting Minutes June 17, 1997 Page 3 6. (Tape 1,1914) A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Addendum to the Canaveral Port Authority Sewage Franchise Agreement. Discussion ensued and an amending motion was made by Mr. Randels and seconded by Mayor Porter to insert that the agreement is scheduled to terminate on April 22, 2000. A second amending motion was made by Mr. Randels and seconded by Mr. Bruns that approval is contingent upon compliance with the City Engineer's recommendations. City Attorney, Kohn Bennett, suggested that paragraph 2 should better define the training of city personnel so as to avoid any future misunderstandings with the Port regarding paying these expenses and with reference to paragraph 3, it should state that all other provisions of the Franchise Agreement not amended by the Addendum shall remain in full force and effect. A motion was made by Mayor Porter and seconded by Mr. Hernandez to table the consideration. 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. 7. (Tape 1, 2277) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Second Amendment to the City of Cocoa Beach Interlocal Reuse Agreement to change the reuse water distribution amount from 750,000 GPD to 650,000 GPD. 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. 8. (Tape 1, 2305) Sole Source Purchase of Storm Shutters (Tape 1, 2305) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the Sole Source Purchase of Storm Shutters from Roll Clean Shutters, in the amount of $31,985, plus $2,000 for electrical installation costs. City Manager, Bennett Boucher explained that the City has received grant funding in the amount of $39,163 to install emergency storm shutters for City Hall, the Annex and the Recreation Building. Mr. Boucher related that the shutters are custom made with superior materials. He referred to the Public Works Director's memorandum dated June 11, 1997 requesting purchase from Roll Clean Shutters, of Cape Canaveral in the amount of $31,985, plus approximately $2,000 for electrical installation costs. Mr. Gardulski stated in his memorandum that Roll Clean is the only manufacture vendor for this area, hence this is a sole source purchase. Mr. Bill Gibson, Roll Clean Shutters representative, was present and explained that there are two types of shutters proposed for installation. Roll down shutters are proposed for doors and accordion shutters for windows. He related that all components are non- corrosive and all American made. There is a 10 -year warranty on the shutters, including gear trains and 5 year warranty on the motors. Heavy -duty switches will be installed on the roll down shutter motors covering double doors. G: \CityClk\MINUTES \REGULAR \1997\06- 17- 974°4 1 1 1 City Council Regular Meeting Minutes June 17, 1997 Page 4 Mr. Petsos queried, why do the roll down shutters have motors? Mr. Gibson stated that the double door shutters are far too heavy to be opened and shut manually. Mr. Petsos related that it is a good concept to choose a local vendor. Based on the testimony of staff, Council determined the sole source purchase for the following reasons: • Only provider in Cape Canaveral • Shutters can be installed within Council's projection date • Shutters are made with American made materials as requested by Council Council concurred that motors are not needed, nor are they practical for all shutters. Therefore, motors should be installed only on doors and areas that are not reasonable to be manually closed and opened. The purpose for requiring manual operation is due to the imminent loss of electrical power during storms. Council concurred with Major McGee to install shutters on the Annex Building first. 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. RESOLUTIONS 9. (Tape 1, 3338) Mayor Porter read Resolution No. 97 -17 by title. A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CITY COMMISSION OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, REQUESTING THAT THE CANAVERAL PORT AUTHORITY AND THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL PROVIDE A LOCAL DEDICATED FUNDING SOURCE FOR BREVARD COUNTY BEACH RENOURISHMENT. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 97 -17. There was no public comment. The resolution was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 10. (Pape 2, 191) Mayor Porter read Resolution No. 97 -18 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97- 18. City Manager, Bennett Boucher, explained that the rate increase is in compliance with the Franchise Agreement and reasonable to increase with the Consumer Price Index. There was no public comment. The resolution was approved 5 -0 with voting as follows; Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. G:\ ' \1997\0617- 97.doc 1 City Council Regular Meeting Minutes June 17, 1997 Page 5 PUBLIC HEARINGS ORDINANCES - SECOND READING: 11. (Tape 2, 433) Ordinance No. 02 -97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M -1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Porter read a letter from the applicant, Time Warner Cable, requesting that the Ordinance Nos. 02 -07 and 03 -97 be postponed until the July 15, 1997 meeting. A motion was made by Mr. Bruns and seconded by Mr. Petsos to table Ordinances 02 -97 and 03 -97 until July 15, 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. 12. Ordinance No. 03 -97, Amending the Comprehensive Plan to Allow M -1 Zoning at 210 Center Street AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 13. (Tape 2, 497) Fire Chief David Sargeant, reported that in recent years on July 41, the city's beach ends have been used for illegal fireworks, presenting extreme danger to the public. He related that Cocoa Beach imposed a "zero tolerance" for fireworks last year, which compelled additional people onto our beaches. He suggested that Council also adopt a "zero tolerance" policy for the City of Cape Canaveral. The use of sparklers and state approved fireworks should be the only fireworks tolerated. Mr. Sargeant requested that additional deputies be brought on during the evening ofJuly 4th to enforce the policy if Council does adopt the resolution. A motion was made by Mr. Randels and seconded by Mayor Porter to adopt a "zero tolerance" policy as recommended by Chief Sargeant for delimiting illegal fireworks on Cape Canaveral beaches, and providing additional sheriffs deputies during the evening ofJuly 4th. G: \CityClk\M1NUTES\REGULARU 997\06- 17 -97Aoc 1 1 1 City Council Regular Meeting Minutes June 17, 1997 Page 6 Major McGee requested that Fire Chief Sargeant submit a memorandum outlining how many deputies will be required, where they will be stationed and the required time frame through the City Manager, authorizing overtime. 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. • Chief Sargeant reported that at least six or seven local builders have expressed concern to him that there is no city- approved method for burning land- clearing debris other than using the landfill. He stated that Cape Canaveral is the only city in the county that does not have a provision for burn machines that allow for disposal without open burning. He requested directive in this matter. Council concurred for Mr. Sargeant to pursue the matter, researching technology that will allow burning within an enclosed structure and approved by environmental agencies. The issue will be placed on the July 15, 1997 agenda. • Chief Sargeant reported that he has received numerous queries about bonfires on the beach. He stated that most city allow bonfires with permits, charging $25 and a $50 to $100 deposit. Mr. Sargeant stated that a policy could be developed within guidelines of the Fire Code. Council concurred for Mr. Sargeant to develop a bonfire policy for Council consideration at the July 15, 1997 meeting. REPORTS: City Manager - Bennett Boucher (Tape 2,1147) • Mr. Boucher reported that the Sheriffs representatives have confirmed June 24, 1997 as a date to meet in Workshop Session to discuss the Sheriff's Contract and Budget requirements. • Mr. Boucher reported that city has received a $50,000 P2000 grant to purchase the Long Point Park property. • Mr. Boucher reported that the Planning & Zoning Board and the Local Planning Agency have finalized their recommendation for the proposed C -2 zoning district. He suggested that the item be placed on the agenda for discussion before introducing an ordinance. Council concurred. Audience Mr. Leo Nicholas, resident, reported that dumpster enclosures are becoming a problem He stated that USA Waste often leaves the dumpster outside the enclosure rather than replacing it and some have garbage outside the dumpster. Council concurred that staff should notify USA Waste of the dumpster replacement problem and Code Enforcement to address the problem. GACityC1k\MINUFES \REGULAR \1997N16- 17- 97.doc 1 1 1 City Council Regular Meeting Minutes June 17, 1997 Page 7 City Clerk - Sandra Sims No Report. City Attorney - Kohn Bennett (Tape 2,1321) • Mr. Bennett reported that there are three outstanding city litigation cases that he will freely discuss with individual Council Members. However, he is precluded from discussion in the public meeting. The cases are: Long Point Park, Applegate Property and Fairvilla Sign. Mayor Pro Tem - Rocky Randels (Tape 2,1636) • Mr. Randels reported that the Florida League of Cities has a grant available this month to provide defibrillator equipment. • Mr. Randels reported that a new Ethics Law has been approved that requires a higher burden of proof before a case will be heard. Council Member - Buzz Petsos (Tape 2, 1787) • Mr. Petsos reported that he received a notice to purchase a grant opportunities book and suggested make the city purchase; Council concurred. • Mr. Petsos queried if the Annex exterior paint has been received. Acting Public Works Director, Karen Pappas, stated that it has been received and the Annex will be painted before July 2, 1997. Council Member - Tony Hernandez (Tape 2, 1849) • Mr. Hernandez queried about the status of the stormwater outfall grant . Mr. Boucher responded that the grant requires a 40 percent match, therefore, we did not pursue. Mr. Hernandez stated that it is imperative that the city install a baffle box at the Manatee Park, regardless. • Mr. Hernandez reported that the Senior Boys lost in the first round of Little League playoffs. Council Member - Burt Bruns (Tape 2, 1965) • Mr. Bruns reported that he has received unsolicited compliments from residents for customer service in the City Clerk's Office and the Building Department. • Mr. Bruns commended Karen Pappas for her letter submitted to the St. Johns River Water Management District requesting plants. Mayor - John Porter (Tape 2, 2012) 6: \CttyClk\MQdiJFES\REGULAR \1997\06- 17- 97.doc 1 1 City Council Regular Meeting Minutes June 17, 1997 Page 8 • Mayor Porter requested that Council call a Special Meeting to consider the Florida Department of Transportation Agreement for reimbursement of expenses to build the Canaveral Creek Pedway Bridge and authorization to purchase a steel bridge from Steadfast Bridges. Council concurred to hold the meeting on Friday, June 20, 1997 at 4:00 p.m. There was no further discussion and the meeting adjourned at 9:30 p.m. ATTEST: ` ". ohn K. ' orter, YOR G: \CityClk\MINUFES\REGULAR \199706- 17- 97.doc