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HomeMy WebLinkAbout09-07-1999 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 7, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Richard Treverton Tony Hernandez Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski Building Official, Dennis Franklin PRESENTATIONS: Linda Frank, Waste Management present. Mayor Randels commended her for the notice in the newspaper that garbage would be picked up on Labor Day. It did help with public notification. Mr. Bruns related that the level of service is very good and impressive since Ms. Frank has been onboard in regard to green waste. FPL, Mr. Sanderson, Area Manager - Utility Pole Replacement Project Mr. Sanderson, Tom Kunz and Chip Bauerhauser. Mr. Sanderson explained that FPL is currently performing transmission lines maintenance from Patrick Air Force Base to Port Canaveral and it does not require permitting from the City. However, they inform the city as a courtesy to accommodate any matter that might be addressed while they are performing maintenance. He related that FPL responded immediately upon leaming Council's concern to bury transmission and distribution lines. Mr. Sanderson stated that he met with members of Council individually to brief them on FPL's constraints and abilities. He related the three categories of City concern: • Bury the transmission line on the east side of NIA 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 2 • Remove the distribution line on the west side of the road to co- locate on the east side • Bury all lines. Mr. Sanderson explained that an exact cost estimate would require extensive engineering studies and costs. He related that the rough estimates were substantially lower. (initially estimated at $ 220k versus current estimates of $650k). FPL intends to replace conductors and wood poles that would provide improved reliability at no cost to city or residents and the project is ready to move forward. He related that no distribution line maintenance is scheduled for a great time in the future. However, a credit would be given for the current work proposed if the City chose to finance the proposed underground power lines. Mr. Kunz related that Mr. Boucher has been very instrumental in convincing them to make a presentation of the actual costs. He stated that another company contracts with FPL for transmission line installations. FPL would not perform the actual work. He demonstrated some of the options available to the city. • Bury Transmission Lines • Move and bury all distribution lines • Cost of engineering study to bury existing transmission line in the city limits is $100k • Cost of installing the transmission line 1.7 miles 1.5k per foot or $13.5 million • FPL will credit $662k if the city decides to fund the underground power lines • Cost for distribution lines engineering along A1A from west to east is $15k (no credit) • Moving the distribution lines $300k estimate. Mr. Bruns clarified that it would cost $300k to move the wires from the west side to the east side. Mr. Kunz, will have to serve folks on the other side of the road and will require wires over the road to reach them. So, it pretty much defeats the purpose. Mayor Pro Tem Petsos clarified, unless it is jack and bored. • Bury existing distribution lines $270k • Cost to bury existing distribution lines $30 -$50 million Further, easements would be required before they can do the work. A 5'x5' easement are required to service each home. Chip Bauerhauser discussed issues related to the poles that are proposed. Two concrete poles will replace three wooden poles. Mr. Treverton queried if there is a more aesthetically pleasant pole option? Mr. Bauerhauser responded that the proposed is state of the art. 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 3 Mr. Bruns opined that he does not accept the numbers for the studies or the installation costs. He stated that the City mandates developers to bury lines. He was emphatic that the estimates are false and that it is irresponsible to not consider coastal cities with disaster management criteria and no regard has been given to the aesthetics. He disagreed with whole proposal. Mr. Sanderson explained that the Public Service Commission requires FPL to engineer for the least cost of providing power and safety. The reason for the upgrade is that it will provide greater reliability. Any person or entity that requires an upgrade of service is borne by the customer receiving the upgraded service. The estimates are indeed estimates because the engineering studies have not been performed. Mr. Bruns stated that the city was never asked if an altemative was available. The city was not notified until the plan was instituted. He emphasized that if the lines are not planned for underground now, it will not be done in the history of the City of Cape Canaveral. Now is the time to start, not by installing 85' concrete poles. Mr. Petsos stated that the City has tremendous needs, however, the ability to pay the difference is inadequate. He queried if an aesthetic concept has been considered? Mr. Sanderson responded that the poles have to be safe for maintenance and has not considered the trellis concept as proposed by the City earlier or other aesthetic concepts. Mr. Treverton queried if the cost is $13million plus $50million? If the cost were $50million, it would cost each household $1 k each year, which would not likely be approved. The meeting recessed at 7:46p.m. and reconvened at 7:48p.m. Public Works Department State Awards Mayor Randels presented the 1999 Florida Tree City of the Year to Public Works Director, Ed Gardulski on behalf of the Public Works Department Mayor Pro Tem Petsos presented the 9th Annual Urban Forestry Award for Ongoing Programs in the Small Town Category to Mr. Gardulski on behalf of the Public Works Department. INTERVIEW: Jackie Coates, Business and Cultural Development Board Applicant for Alternate Membership Cape Canaveral City Council Regular Meeting September 7, 1999 Page 4 City Attorney, Kohn Bennett stated that no questions were needed due to Ms. Coates long-term service with the City, and deferred to Council. Mr. Hernandez stated that he approached Ms. Coates with the art project concept being brought to the City and she jumped into the project. Consensus was to appoint Ms. Coates at the next meeting by resolution. CONSIDERATIONS: 1. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the City Council Regular Meeting.Minutes for August 17, 1999. The motion passed 4-0, with voting as follows: Mr. Treverton, For Mr. Bruns, 2. (Tape 1, 2872) SSA, Storm Water Master Plan A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the proposed Storm Water Master Plan. Mr. Bruns expressed concern that we do not know the pending regulations. Mr. Pekar of Stottler, Stagg and Associates said that October 1, 2000 would determine if funding would be provided for the $2million required to establish the new division of 28 employees for EPA to take over the program. It will probably be two years before the regulations are determined. State regulations are being added every year for water quality. Previously, flood control was the greatest issue. However, since 1977 regulations have been instituted and now change is focused toward storm water, or water quality. The program to take the responsibility from the EPA to the state (FDEP) is 80% likely. After the legislative session, it should be determined. This is an unfunded mandate for Florida. Whereas, federal grant money is currently available. Mr. Hernandez clarified that the storm water plan is for cleaning water from the streets going into the river? yes. Our city has 5 -7 outfalls already and a lot are filling with silt. Mr. John Pekar explained that current borings reveal a tremendous amount of pollutants into the river. Historically the water was just passed into the receiving water body. Mr. Bruns stated that the City must take action to introduce a plan so that we can request grants and other funding to institute the program. He queried if the City is going to fund the $43,500 study, will it include running the storm water runoff into the wastewater treatment facility? Mr. Pekar responded, yes it will include that concept. • The first task: is data collection and compilation; Cape Canaveral City Council Regular Meeting September 7, 1999 Page 5 • Second: sub -basin delineation; third: background levels will be determined (pollution and sediment levels) • Third: evaluation of storm water quality problems • Fourth: commitment to maintenance; • Fifth: hydrologic modeling and identifying the volumes and quantify pollutants; • Sixth: capital projects (alternative determined, such as a package plant or storm water parks or irrigation without going through the plant) Low flows bring in more contaminants; therefore flows will have to be determined. Funding sources will also be researched. Level of service will be assessed for state owned outfalls; • Seventh: review of funding alternatives • Eighth: meetings throughout the development of the storm water quality plan. Mr. Pekar clarified that the six EPA requirements will be addressed in conjunction with the MPDS program in the study. He emphasized that there will be a development progression starting with these six items. A plan must be developed in order to be ready for the full mandate when it is instituted. This study will provide for the program that will place the City in a position of conformity in the least amount of time, expense and more efficiently than waiting until the regulations are complete to begin the process. Mr. Pekar stated that this study will produce documentation and plan that would be an investment in the storm water program. When queried about cutting the cost of the study, he responded that if prices were reduced the level of service would diminish. This is a very low cost study because it is field labor intensive. He stated that it would require 40 working days to get half way — task 4 through the study. At that stage, time lines would be determined, which will likely be at least four months. Mr. Bruns opined that the state highway is also a major source of pollutants, is there a possibility of shared maintenance costs? He asked if SSA has done this type study before? Mr. Pekar responded that they have worked for a water management district to develop this type plan. Obviously, alternatives have to be determined specifically for the City. Mr. Bruns emphasized that a storm water fee will likely have to be assessed to the residents and the data compiled by SSA in this study must provide fundamental information in making that determination as well. Mr. Hernandez requested that task 8 be reduced if possible. Mr. Bruns explained that this is a very comprehensive study. Otherwise, City Council would be remiss not to provide for this storm water study as compared 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 6 to the FPL underground power line situation. Discussing the matter for years does not provide the foundation for implementing a program; it must be studied for need, feasibility, funding and implementation. Mayor Randels requested that the County make a presentation of what they have done. Mr. Pekar stated that SSA developed the county plan and put in 80 percent of their storm water outfalls. Mr. Hernandez queried about the status of the Cape Canaveral hospital mitigation. Mayor Randels responded that it is still unsettled because the St. Johns River Water Management District is requiring more mitigation than they are willing to provide. Mr. Petsos expressed concern that final regulations are not out yet. Is there a chance that much will change between now and when the regulations are instituted? Mr. Pekar stated that the City should be on the leading edge of going for grant funding. (If a study had been performed three years ago in regard to FPL, the result might be different today.) City Manager, Bennett Boucher expressed concern that best treatment practices have not been determined. Mr. Bruns stated that when finished, there must be a master plan document that can be instituted. Mr. Pekar replied, it would be a tool to apply for grants and a guideline for instituting the actual program, as well as providing information to establish the basis for a possible storm water management fee. That is the intent of the goals and the program. The resultant study document must be a blueprint for the City's commitment to a storm water management program. Mayor Randels stated that he had reservations because Briley Wild, our past engineers did one — the other study was for flood control. He wants a finished product. They have no regulations. John, they have goals and concepts. The concepts will not change in this time frame. Mr. Boucher asked if SSA has the Briley Wild study and why is new data needed? Mr. Pekar explained that compilations would be performed from the former study and with current sources of information without reinventing the wheel. Mr. Boucher opined that more time will be spent drafting and adopting ordinances and instituting programs than planning the storm water system, including education, etc. He stated that the City must focus on prevention (develop programs for education). He stated that it appears that the study is merely an assessment of the system. Mr. Pekar emphatically assured Council that the six items would be included. He stated that if telling Council that those items are included is not sufficient, the appropriate verbiage could be 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 7 incorporated into the contract. He explained that the study is not merely related to structure; it is maintenance, education and the other issues. SSA fully intends to coordinate with the state director who is liaison to EPA and will address their requirements. The system would be proactive addressing the pollution and the plan. Mr. Petsos clarified Council's understanding that the line item for addressing the six EPA program issues are not there, but the task is included in this $43,500 cost. Mr. Pekar confirmed that Council's understanding is correct. He related that other cities have some good educational programs that help, but that is only a portion of the system. The program is implemented after the projects are recommended. The motion passed 3 -1, with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For, and Mayor Randels, Against. 3. (2,1876)Bid #99 -02, Reclaimed Water Line Extension, Phase III Mr. Hernandez stated that the City should require no sub- contractors. On the record, the bid package was sufficient, however, the invitation to bid was not included. Mayor Randels queried why the bid documents did not refer to directional boring? Mr. Pekar stated that it was miscommunication that the invitation to bid did not get included. He asserted that it would not happen again. Mr. Hernandez reiterated that open cut was to be included only if there were no directional boring bidders. Mr. Petsos stated that the re -bid documents must be updated at no cost to the City and the Bid Documents should go to the previous bidders at no cost to them. Mr. Pekar stated that he would meet with the City Manager to affirm that the bid documents are correct. Council concurred. Mr. Petsos stated that the City Manager should not have to go behind the engineer and the public works director, but it is necessary in this situation. A motion was made by Mr. Petsos and seconded by Mr. Bruns to reject all bids. The motion passed 4-0, with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 8 ORDINANCES — Second Reading: 4. (Tape 1, 1929)Mayor Randels read Ordinance No. 05 -99 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 110- 35297)(E) AMORTIZATION OF NONFONCORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Bruns to adopt Ordinance No. 09 -99. No public comment. The motion passed 5 -0, with voting as follows: Mr. Treverton, For Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 5. (Tape 1, 2081)Mayor Randels read Ordinance No. 10 -99 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 22, COMMUNITY DEVELOPMENT, OF THE CODE OF CAPE CANAVRAL, FLORIDA, BY PROVIDING FOR THE RENAMING OF THE COMMERCIAL DEVELOPMENT BOARD TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD, AND INCREASING THE SIZE OF THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hemandez and seconded by Mr. Bruns to adopt Ordinance No. 10 -99. An amending motion was made by Mr: Petsos and seconded by Mr. Hernandez: Section C. add the Brevard Cultural Alliance. The amending motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. The main motion passed 5 -0, with voting as follows: Mr. Treverton, For Mr. Bruns, For Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 9 Mr. Treverton left at this time 8:30 RESOLUTIONS: 6. (Tape 2, 3281)Mayor Randels read Resolution No. 99 -23 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, CANAVERAL, FLORIDA, SUPPORTING A ZONE D BOAT FACILITY SITING ZONE IDENTIFYING URBAN LOCATIONS WITH EXISTING PUBLIC MARINAS LOCATED WITHIN INCORPORATED MUNICIPAL BOUNDARIES WITH A MINIMUM OF TWENTY -FIVE (25) WETSLIPS, ESTABLISHING SPECIFIC CRITERIA FOR A ZONE D BOAT FACILITY AND INLCUDING THE ZONE D DESIGNATION IN THE BREVARD COUNTY MANATEE PROTECTION PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Resolution No. 99-23. Mr. Terry Sewell, Cocoa City Manager and Mr. Jerry Sampson, lobbyist were present. Mr. Sampson explained that the City of Cocoa is trying to improve their urban waterfront. Other than the zone A all areas in the county were lumped together with no differentiation of pristine areas and developed zones. This zone would encourage boat slips where there is already development; a manatee education program and manatee zone and a sewage pump out facility would be required. It is to encourage downtown either private or public marinas. The thought is that it would preserve and give incentive to stay away from clean areas and join already established development or already disturbed area. He queried if the county has requested further input from each city. He encouraged any opinion even beyond the zone d area. This is part of the County's current Manatee Plan — Zone E. Mr. Hemandez clarified that passing this resolution would encourage developers to expand existing marinas, rather than building new marinas in undisturbed areas. Mr. Treverton stated that it sounds like it creates protectionism for the three marinas in Titusville and Cocoa. Is there more to the rationale? Mr. Sampson, explained that it does provide advantages to those marinas, but it is better for the environment. These marinas are not the only advantaged areas. They were mentioned for demonstration/illustration purposes. There are no sewage pump out facilities or slow zones in Cocoa. It is a good environmental trade -off and a redevelopment advantage. 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 10 Mr. Bruns asked who regulates the slow zones? Mr. Sampson responded that each municipality could designate local enforcement through the regulatory agencies. Mr. Treverton asked if this zone is more restrictive? Why would a person wanting to build a marina? Mr. Sampson this zone would not institute greater restrictions. Other county regulations dovetail with the zone. This urban Zone D provides special exceptions to the usual regulations. The purpose is to provide incentive to expand current marinas than disturb pristine areas. For example, Whitley's Marina has 900' of shoreline. As is, they could add only 9 power boat slips or 90 sailboats. The Zone D provides for more powerboats. Mayor Randels stated that he is in favor because it would require deep -water channels. Mr. Sampson stated that the zones would be by request. Not mandated. Mr. John Pekar queried, are there any mitigation aspects if even in other areas, such as the City's Manatee Sanctuary Park? Mr. Sampson related that he does not think so. But, under the usual permit process, FDEP negotiates with those submerged land agreements. Mr. Leo Nicholas queried, this is an amendment to the manatee protection plan, how do the manatees benefit? Mr. Sampson responded, because the areas already disturbed would be expanded, limiting new areas; requires manatee education; slow zones; sewage pump out provides better water for the manatees. Mr. Nicholas related, it seems like a contradiction that the water being cleaner would encourage the.manatees while bringing in more boats. It was clarified that the county will provide significant enforcement. Mr. Treverton stated that he could see virtue in the proposal. Wants to support the cities, manatees and boaters. The motion passed 5-0, with voting as follows: Mr. Treverton, Mr. Bruns, For Mr. Hemandez, For Mayor Pro Tem Petsos, for and Mayor Randels, For. 7. Mayor Randels read Resolution No. 99 -20 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TO OFFICIALLY NAME THE FOLLOWING STREETS: SOLANA SHORES DRIVE, VILLA DRIVE AND LAKE DRIVE. A motion was made by Mr. Bruns and seconded by Mr. Hemandez to adopt Resolution No. 99-20. Cape Canaveral City Council Regular Meeting September 7, 1999 Page 11 There was no public comment. The motion passed 4-0, with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. S. Mayor Randels read Resolution No. 99-21 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENCOURAGING PARTICIPATION IN UPDATING AND EXPANSION OF THE SPACE COAST LOCAL MITIGATION STRATEGY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Resolution No. 99-21. There was no public comment. The motion passed 4 -0, with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. 9. Mayor Randels read Resolution No. 99-22 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RE- APPOINTING REGULAR MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Resolution No. 99 -22, inserting the names Beatrice McNeely and Donald Bergen. There was no public comment. The motion passed 4 -0, with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. 10. Mayor Randels read Resolution No. 99 -24 by title. A RESOLUITION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO THE ADOPTION OF RULES AND PROCEDURES OF THE CITY'S BUSINESS AND CULTURAL 1 Cape Canaveral City Council Regular Meeting September 7, 1999 Page 12 DEVELOPMENT BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hemandez and seconded by Mr. Bruns to adopt Resolution No. 99 -21. Mr. Petsos made an amending motion and seconded by Mr. Hemandez to add the Brevard Cultural Alliance on page 2, section 4 (d)(4) The amending motion passed 4-0, with voting as follows: Mr. Bruns, For Mr. Hemandez, For, Mayor Pro Tem Petsos, For and Mayor Randels, For. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 11. Redevelopment Plan Update — postponed 12. Legislative Priorities - items to be submitted to Mr. Petsos. Current items to be submitted are: mitigation; hazardous walkways for children; beach work during turtle nesting season Mr. Petsos made a motion and seconded by Mr. Hemandez to extend the meeting for a maximum of 15 minutes. REPORTS: 13. City Manager — Bennett Boucher • Union requesting to add Veterans Day as an employee holiday. Council consensus to exchange the Employees' Birthday for Veterans Day. • The Business and Cultural Development Board requested to host an arts activity in conjunction with the Patriot's Day Parade. Council concurred. • The Business and Cultural Development Board requested to update /modemize the city's logo. Council rejected. • The Business and Cultural Development Board requested to develop an ordinance requiring new establishments to contribute art or funds to place art in public places throughout the city. Council concurred. • P2000 grants are both scored 155, ranking has not been established. Mayor Randels will lobby for the grants. Cape Canaveral City Council Regular Meeting September 7, 1999 Page 13 • Mr. Petsos reminded Council of the City Manager's annual evaluation. Mr. Boucher is to distribute the forms and place on the next agenda. City Clerk — Sandra Sims • No report. City Attorney — Kohn Bennett • No report. City Council Member — Richard Treverton • No report. City Council Member — Burt Bruns • No report. City Council Member — Tony Hernandez • No report. Mayor Pro Tem — Buzz Petsos • No report. Mayor — Rocky Randels • No report. There being no further business, the meeting adjoumed at 10:20pm. `y :ias �;tl( CLERK Rocky Randels, YOR