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HomeMy WebLinkAbout06-02-1998 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 2, 1998 7:00 P.M. M NUTES ROLL CALL: Members Present Burt Bruns (Arrived at 7:20 p.m.) Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Randels Members Absent Joy Salamone Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Deputy City Clerk, Susan Stills Public Works Director, Edward Gardulski Building Official, G. J. "Whitey" Moran BOARD MEMBER INTERVIEW: <Tape 1, 60> Mayor Randels noted that City Council followed up on Ms. Simoes concern regarding the ship, the Topaz, expelling smoke in port. Canaveral Port Authority and the Coast Guard notified the ships Captain that dismissing smoke in harbor is not allowed. Attorney Bennett interviewed Ms. Jean Simoes for the Beautification Board. Ms. Simoes responded to residency questions that she did live at 603 Shorewood Drive and has lived there since February 3, 1997. She has no family members on a board or in pubic office. Mr. Hernandez asked if this board was her only choice. Ms. Simoes answered that the Beautification Board seemed the most appropriate for her interest. Mr. Hernandez questioned if there were openings on other City boards. After board vacancies were reported, Ms. Simoes queried the differences in the board activities. Attorney Bennett explained that the requirements for the Code Enforcement Board, Planning and Zoning Board and the Board of Adjustment are City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 2 different in that they render judgments. Ms. Simoes said that she would like to live in the City longer before making judgments on issues. Council thanked Ms. Simoes for her interest in the Cit . Mayor Randels stated that a Resolution to appoint Ms. Simoes would a placed on the June 16 agenda. CONSIDERATIONS: 1. <Tape 1, 322> Motion by Mr. Petsos and seconded by Mr. Hernandez to approve the Regular City Council Meeting Minutes of May 5, 1998. The motion passed 3 -0, with voting as follows: Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 2. <Tape 1,360> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the low bid in RFP No. 98 -06 to Silver Leaf Gardens for 250 Wax Myrtle Trees in the amount of $7,250 with funds obtained from Beautification. Mr. Gardulski stated that Kay McKee, Streets Supervisor, visited the Silverleaf Gardens and acquired a specimen for exhibit at the meeting. Mr. Petsos queried if the tree size were relative to 15 -gallon pots. Mr. Gardulski explained that the spread and height of the trees were considered and he noted that the depth breast height was immaterial. Mayor Randels stated that in the future the tree's elements might need to be considered instead of pot size. Mr. Gardulski affirmed Mayor Randel's question that this is part of the Manatee Park master plan. Mr. Hernandez questioned how many trees would be used for the new Patriot's Park. Mr. Gardulski answered roughly 50 would be planted along two portions of the fence. He explained that the tree planting at Patriot's Park would be a volunteer project scheduled for June 20, 1998. The motion passed 3 -0, with voting as follows: Mr. Hernandez, For, Mr. Petsos, For; Mayor Randels, For. 3. <Tape 1, 534> A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve moving forward with the Beach Sand Fencing and Vegetation Project with total funds not to exceed $10,000 from the contingency fund, and the project will begin in the area of Adams Avenue south to Johnson Avenue and continue from Washington Avenue north to Shorewood Drive. Mr. Petsos explained that the project would plant sea oats or beach tolerant vegetation and construct sand fencing. He stated that Canaveral Port Authority would match 50 percent of the funding. Mr. Petsos also requested that this be a volunteer project. Mr. Hernandez, although in favor of the project, stated two concerns. He queried if this project would conflict with the Beach Restoration Project and he expressed environmental concern toward the nesting sea turtles. Mayor Randels explained that this project would be built near existing dunes not near the beach and the fence would not impede the nesting turtles. Mr. Petsos stated that the beach sand fencing would aid in the dunes preservation. Mr. Hernandez questioned if the project's scope needed consideration. Mr. Boucher stated that to determine the project's scope would facilitate funding from the Port. (Mr. Bruns arrived at this time.) Mr. Nicholas asked if the City was seeking any grant funds. He stated that the Florida Department of Environmental Protection helped with prior crossover projects and the Tourist Development Council 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 3 funds were given for beach enhancement projects. Mr. Petsos responded that Department of Environmental Protection funds will not be awarded until the fall, however funds can not be spent prior to the award. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 4. <Tape 1,1033> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to provide staff a ranking order for the Engineering Inspection Services as follows: 1) Stottler, Starmer and Associates, 2) Hartman and Associates, Inc., and 3) Quentin - Hampton, Inc. Mr. Boucher explained that he, Mr. Gardulski, and Walter Bandish, Public Works' Chief Operator, comprised the committee that reviewed companies for the project in an open meeting. He stated that at this time Council's decision is to rank each firm in order for negotiation purposes. Mr. Hernandez spoke in favor of using Stottler, Stagg and Associates for the inspection services because they are a local company. Mayor Randels responded that the City's contract with Stottler provides that the bidding process is an alternative if the cost exceeds $25,000. Mr. Boucher stated that under Section III in Stottler's bid under related experience, the firm had performed only three related projects whereas other companies exceeded that number. Mayor Randels stated that under the Competitive Consultant's Competition Act, City Council can not discuss price. He stated that qualifications were the discussion's focus and that staff would negotiate a price starting with the first company, however if staff proceeded to the next company for negotiation, they can not renegotiate with the prior firm. Mr. Petsos stated that a representative from Stottler attended the meeting regarding the inspection services; however, the firm did not approach the City with an interest in the project. Mr. Hernandez responded that he was contacted by a firm member and did not think the City should have initiated the bid process since the company is local and has the experience. Mr. Boucher stated that staff searched for a firm with the qualifications and experience to perform a professional job in the City's residential section. Mayor Randels emphasized that qualifications are the major concern. He also queried that one firm proposed to dedicate a member to this job and asked Mr. Gardulski if this would be a 40 -hour per week commitment. Mr. Gardulski responded no and said that fewer hours would be needed as the project progressed. Mayor Randels questioned if the person providing the inspection service would act as technical advisor for the work done by the contracting company and ensure the best interests of the City. Mr. Gardulski affirmed and said that the job would also involve other duties relative to the project. Mr. Hernandez questioned if Stottler would have been included in the ranking order if they were not qualified. Mr. Gardulski stated that the committee ranked all bids submitted. He stated that Quentin - Hampton, Inc. has an extensive background with this type of project. Mr. Mark Hampton, of Quentin - Hampton, Inc., introduced members of his company. He emphasized that the company performed related work in various municipalities. The motion failed 3 -1, with voting as follows: Mr. Bruns, Against; Mr. Hernandez, For; Mr. Petsos, Against; Mr. Randels, Against. Motion failed. Motion by Mr. Bruns and seconded by Mr. Petsos to accept staff's recommendation of ranking for the Engineering Inspection Services, RFP No. 98- 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 4 07 as follows: 1) Quentin- Hampton, Inc., 2) Hartman and Associates, Inc., and 3) Stottler, Stagg and Associate, Inc. Mr. Petsos encouraged staff to ensure that the project did not enter a 40 -hour per week commitment. Mr. Bruns queried if the inspector had the authority to direct the primary contractor. Mr. Gardulski explained that staffs specifications would provide the project's plan. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 5. <Tape 1, 3322> Mayor Randels requested that all parties involved present solutions for Commerce Street. Mr. Boucher stated that Mr. Hunts Shuford desired to dedicate the road to the City or the Federal government. Mr. Boucher stated that Mr. Shuford made an offer of $10,000 in order for the City to obtain title and prepare special assessments. Mr. Boucher explained further that once the city obtained title, it had the authority to make improvements on the roadway using the special assessment process. (F.S. 170) Mr. Bruns questioned if the amount of special assessments to the adjacent property owner would be approximately $72,000. Mr. Boucher affirmed and stated that he required Council's direction to proceed with special assessments. He also noted the provisional drainage basins that would be used by the property owners costing approximately $8 - 9,000. Mr. Boucher stated that absorbing the cost the drainage basins would offset the cost for the property owners considerably. Mr. Bruns queried infrastructure on the street. Mr. Boucher responded that the City of Cocoa would relocate any water lines. Mr. Boucher asked if Council was agreeable to obtaining a quit -claim deed and accepting Mr. Shuford's $10,000 offer. Mr. Hernandez queried if the City could force Mr. Shuford to pay the expense to repair the street because of the ingress and egress issue making the road a quasi - public road under the jurisdiction of the City or the State. Attorney Bennett explained that while there are many prescriptive easements by law, they are a different issue from maintenance standards. Mr. Arthur Berger, property owner, stated that he would be assessed approximately $18,000 for two lots. He explained that the Post Office was encouraged to use Commerce Street to impede road cuts on State Road Al A. He said that he had proposed to repair the road for $52,000, however, the City elevated the standards for the road that effected a new cost of $90,000 for construction. Mr. Berger emphasized that the Post Office was the main benefactor of using the road. Mayor Randels asked for clarification that the cost at one time was $52,000 to proceed with the street's repair to standard with adequate funds from all property owners. Mr. Boucher interjected that that was before the soil -boring test. Mr. Berger said that his cost would have been only $6 -to $7,000 toward the $52.000 total cost. Mr. Berger suggested a temporary overlay on the road. Mr. Donald Haynes, property owner, expressed that Chandler Street was assessed with acceptance from the property owners. Mr. Boucher suggested that Council direct Attorney Bennett to draft a settlement agreement with an invoice for a one and one -half inch overlay repair with funding of $2,000 each from Mr. Berger and Mr. Haynes and $4,000 from Mr. Kuczek, of the Post Office. Attorney Bennett recommended that Council address drafting an 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 5 ordinance regarding public and private roads to avoid situations such as Commerce Street in the future. No motion was required for this item. 6. <Tape 2, 1244> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve a $50,000 Cost Sharing Grant with St. John River Water Management District, for Phase II Reuse. Mr. Boucher commended Mr. Gardulski for acquiring the funds. Mayor Randels explained that $50,000 would be used for each portion of the Reuse project. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 7. <Tape 2, 1316 >A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve a $50,000 Cost Sharing Grant with St. Johns River Water Management District, for Phase III Reuse. Mr. Bruns questioned Mr. Gardulski on the City's reuse capacity. Mr. Gardulski stated that the City has an adequate water supply for Phases II, III and IV of the Reuse project. Mr. Petsos queried the projected start date. Mr. Gardulski answered approximately late June, or early July. The pre - construction meeting is scheduled for June 11th. The motion passed 4 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. RESOLUTIONS: 8. <Tape 2, 1533> Resolution No. 98 -13 was read by Mayor Randels. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to appoint one regular member to the Code Enforcement Board inserting the name Jeffrey Ratliff and under designation, Business Person, with a term to expire on October 1, 2001. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 9. <Tape 2, 1656> Resolution No. 98 -14 was read by Mayor Randels. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Petsos and seconded by Mr. Bruns to appoint one regular member to the Community Appearance Board inserting the name Alice Nielsen with a term to expire on May 1, 2000. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. PUBLIC HEARINGS ORDINANCE — FIRST READING 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 6 10. <Tape 2, 1694> Mayor Randels read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110 -1, DEFINITIONS, BY AMENDING OR ADDING THE DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDINGS, AND FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Bruns and seconded by Mr. Hernandez to approve Ordinance No. 19 -98, Amending or Adding the Definition for Existing Grade, Finish Grade, Height of Building and Fences, for second reading. Mr. Boucher explained that Attorney Bennett added language to define grade. Mayor Randels clarified that this language would also address height of building and fences. Mr. Petsos queried if the verbiage regarding wood or similar lightweight material included chain link to which Attorney Bennett affirmed. Mr. Hernandez questioned if this precluded concrete walls. Attorney Bennett responded that a wall has its own definition. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. DISCUSSION 11. <Tape 2, 1886> Ordinance No. 20 -98, Special Exceptions Permissible by Board of Adjustments. Mr. Boucher provided background for discussion. He stated that the Local Planning Agency addressed this issue in light of maintaining commercial district consistency. Mayor Randels clarified that the intent of the ordinance is to eliminate residential buildings by special within commercial districts. Mr. Berger addressed Council on the intent and referred to the City's Mission statement regarding its objective to be a residential community. Mr. Berger stated that this would preclude future residential construction. Attorney Bennett explained that deleting this portion of the ordinance does not eliminate special exception for use. Mayor Randels queried what was the Planning and Zoning Board's intent with this ordinance. Ms. McNeely, Planning and Zoning Chairperson, stated that the Planning and Zoning Board was looking ahead toward density. Due to traffic on North Atlantic Avenue from residents with more than one vehicle, the Board favored zoning on the side of commercial for emergency evacuation purposes. Mr. Martin Green, Green International Associates, expressed that Cape Canaveral is well known in Great Britain and Europe and there is a great demand for residential units in Cape Canaveral. He stated that the proposed ordinance would impede residential growth. Mr. Green noted that several commercial properties have been vacant in the city for many years, and if the city disallows residential properties in certain zones, this would create a void for available residential property. Discussion followed on the commercial district on the North Atlantic corridor. Mr. Petsos queried why the Local Planning Agency elected to retain commercial zoning on North Atlantic Avenue on the proposed amendments to the Comprehensive Plan. Ms. McNeely 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 7 explained that residential density would significantly impact Atlantic Avenue. Mayor Randels questioned if the zoning could be changed from commercial to residential. Mr. Moran explained that the Board's decision was to extend to Council the latitude in providing the City's intent. Mayor Randels recommended that this item be placed on the next agenda for further discussion. 12. <Tape 2, 3364 >Consider placing a referendum issue on the November 3rd ballot. Attorney Bennett explained that this issue is two -fold regarding 1) time and 2) how the City elects at large. He stated that the resign to run law reads that a Council member must resign ten days before the qualifying period. There is period of 24 -days in which to run with advertising requirements during that time. Mayor Randels referenced his resignation in 1997 in order to run for Mayor that did not provide enough time to notify the public of the vacancy; therefore, Council elected someone to complete his unexpired term. Attorney Bennett stated that there are currently no specific seat designations with three seats available in this year's campaign. Attorney Bennett suggested extending time on the front end of the qualifying period. Mayor Randels related that in 1997 his seat did not become available until the day before the election. Mayor Randels asked for a consensus on continuing the meeting to 10:15 P.M. Council agreed by consensus to continue. Attorney Bennett recommended leaving the vacancies in elected offices as is with a provision to read , "not withstanding the foregoing if a vacancy is going to be created at the date of election due to the Florida Statutes resign to run law [include Statute Number], then it shall be deemed to be a vacated office at the date of election and a general election shall be held for the remainder of that term." Attorney Bennett explained that even though a resignation is in effect until the day after the election, by statute it is deemed vacated at the time of the resignation, although the candidate sits on Council, and a general election would be held for the vacancy of the term. With regard to the City Clerk's recommendation of seat designations, Attorney Bennett recommended an ordinance change stating that if there are more than one seat of different terms, the seats would be filled by the lowest number of votes. 13. <Tape 2, 227 > Ordinance No. 14-98, Relative to Tree Point Values. Due to the hour, this item will be placed on the City Council Regular Meeting agenda of June 16, 1998. 14. <Tape 3, 236> Review the Proposed Amendments to the Library Lease Agreement with Brevard County. Mr. Boucher stated that this item would also be placed on the June 16th City Council agenda. Mr. Boucher expressed concern that the City would be liable for the Library's entire contents. Mr. Petsos also expressed concern that the agreement's second whereas clause did not define that the City owns the building. There were no comments from the audience. City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 8 REPORTS, City Manager<Tape 3, 352> • Mr. Boucher distributed complimentary hats and stated that Brevard County designated June as Hurricane Awareness Month. • Mr. Boucher announced that Mr. Gardulski and Water Reclamation staff would conduct a Reclaimed Water workshop for Harbor Heights, on June 11, 1998, from 7 to 8 P.M. in the Library Meeting Room. • Mr. Boucher reported that the Banana River Park plans are in progress. • Mr. Boucher announced that the employee picnic would be at Cherie Down Park on June 27th, • Mr. Boucher reported that the Evaluation and Appraisal Report based Comprehensive Plan Amendments and the C -2 Zoning and changes to the Future Land Use Map are scheduled for the City Council meeting on June 16, 1998. • Mr. Boucher reported that he received a letter from the Florida Department of Transportation stating that they will not reduce the speed limit on State Road A1A, modify the turn lanes, or locate a traffic light at SR A1A and Polk Avenue. Mayor Pro Tem Petsos • Mr. Petsos encouraged Council and staff to attend the Space Coast League of Cities dinner meeting on June 8, 1998. Council Member Hernandez • Mr. Hernandez reported that the Cuban art pieces donated to the Library were in need of frames. He estimated the cost of framing at $200 to $400. There being no further business the meeting adjourned at 10:15 P.M. Susan Stills, DEPUTY CITY CLERK Rocky Randels, MAYOR