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HomeMy WebLinkAbout11-16-1999 Regular Meeting1 Call to Order: Pledge of Allegiance: Roll Call: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 16, 1999 7:00 P.M. MINUTES Council Members Present Richard Treverton Tony Hernandez Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member -Elect Larry Weber Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski City Treasurer, Andrea Bowers Building Inspector, Morris Reid CONSIDERATIONS: 1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes for October 19, 1999 and Regular Meeting Minutes for November 4, 1999 certifying the November 2, 1999 election results. The motion passed 5-0, with voting as follows: Mr. Treverton, For, Mr. Bruns, Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2.• Commendation Presentation to Council Member Tony Hemandez by Mayor Randels. City Council Regular Meeting Minutes November 16, 1999 Page 2 OATH OF OFFICE: City Attorney, Kohn Bennett administered the oath of office to Council Member Buzz Petsos. City Attorney, Kohn Bennett administered the oath of office to Council Member Larry Weber. The meeting recessed at 7:15 p.m. and reconvened at 7:18 p.m. NEW BUSINESS: RESOLUTIONS: 3. Mayor Randels read Resolution No. 99-40 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM. A motion was made by Mayor Randels and seconded by Mr. Bruns to approve Resolution No. 99-40, inserting the name Buzz Petsos as Mayor Pro Tem. 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. 4. Mayor Randels read Resolution No. 99 -41 by title. ' A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Weber to approve Resolution No. 99-41, inserting the name, Mary Jo Laws. 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. 5. Mayor Randels read Resolution No. 99-42 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE BUSINESS AND 1 City Council Regular Meeting Minutes November 16, 1999 Page 3 CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Treverton and seconded by Mr. Petsos to approve Resolution No. 99 -41, inserting the name, Jackie Coates. 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. ORDINANCES - FIRST READING: 6. Mayor Randels read Ordinance No. 13 -99 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT AS PROVIDED IN FLORIDA STATUTES SECTION 163.3177(6)(a), WHICH SHALL AMEND THE COMPREHENSIVE FUTURE LAND USE ELEMENT TO PROVIDE THE ENCOURAGEMENT OF SITING AND .COLLOCATION OF PUBLIC SCHOOLS WITH OTHER PUBLIC FACILITIES IN THE CITY; PROVIDING FOR 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 INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Mr. Petsos to approve Ordinance No. 13 -99 for second reading. Mayor Randels explained that the City is adopted this ordinance as ordered by the Florida Department of Community Affairs. Mr. Petsos expressed concern that schools do not allow the school playgrounds after hours. He requested that a letter requesting the open hours be sent to DCA and the County. . Mr. Treverton, page 3, concerned that vocational schools are allowed only in M -1 districts. City Attorney stated that this section is currently part of our Comprehensive Plan. This issue should be addressed with the next Comprehensive Plan Amendment. 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. City Council Regular Meeting Minutes November 16, 1999 Page 4 7 Mayor Randels read Ordinance No. 15 -99 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110- 246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF M -1 (LIGHT INDUSTRIAL) TO C -2 (COMMERCIAL/MANUFACTURING) AS DESCRIBED IN EXHIBIT "A "; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Weber to approve Ordinance No. 15 -99 for second reading. Mr. Jim Morris, representative for the applicant was present and clarified that M -1 zoning surrounds the property. Mr. Bruns queried about the location of Time Warner relative to the property. There is a 6,000 sq. ft. building on the property. Mr. Bennett noted for the record that this property is already listed as C -2 on the Future Land Use Map. . 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. ORDINANCE - SECOND READING: 8. Mayor Randels read Ordinance No. 14 -99 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110 -551, LOCATION OF RECREATIONAL VEHICLES, CAMPING EQUIPMENT, BOATS AND BOAT TRAILERS, BY PROVIDING PARKING IN MULTIFAMILY DISTRICTS OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES OR SPECIAL PURPOSE VEHICLES IN SPECIAL PARKING FACILITIES, IF ALLOWED; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 14 -99 at second reading. 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. 1 City Council Regular Meeting Minutes November 16, 1999 Page 5 CONSIDERATIONS: 9. Cooperative Purchase of twelve (12) Self- Contained Breathing Apparatus Fire Chief David Sargeant demonstrated the old and new equipment. Some of the older equipment is 25 years old. It requires approximately $6,000 annually to maintain. However, these air packs are no longer in conformity with legal requirements. The City and Port will purchase twelve units each. Two have already been purchased. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the Cooperative Purchase of twelve (12) Self- Contained Breathing Apparatus in the amount of $51,636. 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. 10.1999/2000 Law Enforcement Contract Mayor Randels explained that Major McGee answered the questions he had in regard to personnel and other issues. Larry page 6, paragraph D — queried what the funds are? It was explained that they are forfeiture funds. Mr. Treverton queried why the statement has to be inserted requiring that funds • received must be spent by September 30. Mr. Bennett suggested that it might be possible to reduce the amount of the contract by that amount. Major McGee explained that he requested the Sheriff to allocate these funds and would not be wise to readdress the issue. Mr. Treverton queried why the clause regarding catastrophic events is included. Possibly it could be changed to address vehicles that are not a portion of the current fleet. Mr. Boucher explained that it is to provide for reimbursement for FEMA funds. This clause is included in the Fire Contract. Mr. Bennett explained that the forfeiture funds must be placed in a trust fund and used for specific expenditures. They may not be allowed to defray regular operating expenses. Therefore, the contract amount cannot be reduced. Mr. Bruns related that he also road with Deputies and commended them for their service performed. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the 1999/2000 Law Enforcement Contract in the amount of $1,329,725. City Council Regular Meeting Minutes November 16, 1999 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. 11. Employee Christmas Bonuses A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Employee Christmas Bonuses. 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. 12. Hurricane Floyd Expenditures A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Hurricane Floyd Expenditures. Mr. Petsos expressed concern that billing for City equipment is double taxation. Ms. Bowers explained that the equipment listed were above beyond the daily operational use. Mr. Gardulski further explained that the billing is based on a schedule provided by FEMA. It is simply for wear and tear according to the schedule. Mr. Sargeant explained why the use is beyond the normal use. He illustrated last year's fires as an example of the intense use in the event of a catastrophe. Mr. Treverton commended City Treasurer Andrea Bowers for her efforts in compiling the FEMA reimbursement forms. 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.. 13. Request for Building Permit Extension A motion was made by Mr. Petsos and seconded by Mr. Weber to approve the Request for Building Permit Extension, Permit #98 -00186, Kelseys, 8699 Astronaut Boulevard. Building Inspector, Morris Reid confirmed that construction is progressing. 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. 14. Outdoor Entertainment Permit A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the Outdoor Entertainment Permit for 4th Annual Reindeer Run/Walk for United Way of Brevard County. City Council Regular Meeting Minutes November 16, 1999 Page 7 Ms. Kiim McIntire was commended for her efforts. Mr. Weber explained that there are excellent prizes for the winner. 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. 15. Proposal from Brevard County to construct the east-west section of Tower Boulevard in the amount of $81,387 earmarked from the Brevard County Transportation Impact Fee program Mr. Boucher explained that the bid was let and no bids were submitted.The County proposal was less than the Engineer's estimate. Further, impact fees from the County will be available. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Proposal from Brevard County to construct the east -west section of Tower Boulevard in the amount of $81,387 earmarked from the Brevard County Transportation Impact Fee program. Mr. Petsos expressed concern that the City was committed to this project, not approved by Council approximately ten years ago. He reiterated that this type mistake must not be repeated. Mr. Tezel commented that it is questionable that it is appropriate for the City to build this road because it was a requirement that the property owners had to pave their roads. At that time, there was no question that roads are not constructed unless the adjacent property owners fund the construction. Mr. Treverton suggested that Tower Boulevard be renamed. Council concurred to place the issue on the next agenda. He recommended naming the street in conjunction with the Manatee Sanctuary Park. Mayor Randels explained that the property owners would be notified for their input. Mr. Hans Saurenmann suggested that the Sister Cities be considered. Mr. George Firkins thanked Council for their diligence in getting the construction approved. 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. 16. West Central Boulevard — Baffle Box Project Mr. John Pekar explained that this project is being financed by a matching grant for SJRWMD. The baffler box has been determined to be best installed at West Central on the southeast side of the bridge. He explained that the estimate for the box is $20,000. He related that the location is excellent because it will make a visible difference. Saving may be further realized by contracting with the County to install the box. 1 City Council Regular Meeting Minutes November 16, 1999 Page 8 Mr. Bruns queried if this is a step in the right direction toward the City's Stormwater Master Plan? Mr. Pekar affirmed that it would definitely be an asset to the plan. Mr. Bruns queried when SSA would be prepared with the Stormwater Master Plan report. Mr. Pekar responded that it would be read for the December 21, 1999 agenda. Mr. Gardulski recommended approval of this project. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the West Central Boulevard — Baffle Box Project. 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. 17. Proposal for Contract Administration and Inspection Services for Reclaimed Water Phase III — ( #1) Mr. Gardulski explained that SSA has done this job previously and does a good job. He related that the proposal rates are below contract rates currently between the City and SSA. The work will be performed on an hourly rate basis. It will be according to staff hours. Mayor Randels and Mr. Petsos expressed concern with having to provide for inspection services. Mr. Pekar related that the inspections are being performed during selective critical times, including as -built drawings. Mr. Petsos clarified that there will be no road • cuts during this project. A motion was made by Mr. Treverton and seconded by Mr. Weber to approve the Proposal for Contract Administration and Inspection Services for Reclaimed Water Phase III — ( #1), to SSA in the amount of $20,402. The motion passed 4 -1, with voting as follows: Mr. Weber, For; Mr. Treverton, ' For Mr. Bruns, For Mayor Pro Tem Petsos, Against; and Mayor Randels, For. 18. Reclaimed Water Phase III — ( #2) Design Proposal Mr. Gardulski explained that there is a tremendous demand for the reclaimed water. This is a new project design. Mayor Randels reported that Ocean Oaks and Royal Mansions are requesting reclaimed water. Mr. Gardulski responded that they could be added to this project. Mr. Bruns queried if Ocean Woods has responded to the opportunity. Mr. Gardulski responded that they do not desire to take advantage of the reclaimed water. Mr. Bruns suggested that in the future, they should be required to pay notification. City Council Regular Meeting Minutes November 16, 1999 Page 9 Mr. Treverton queried why the previous charge for design work was so much Tess expensive. He requested that the proposal be more in line. Mr. Pekar stated that SSA lost money on the previous proposal and it was a quality design. A motion was made by Mr. Treverton and seconded by Mr. Petsos to table the Reclaimed Water Phase II1— (#2) Design Proposal from SSA. 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. 19.Florida Communities Trust — Conceptual Agreement, Cherie Down North Park Grant Mr. Boucher explained that the City was awarded the grant. He reported that the current option on this property expires on December 10, 1999. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Florida Communities Trust — Conceptual Agreement, Cherie Down North Park Grant, assigning the City Manager as contact person. Mr. Bruns queried how the City can ensure the purchase if the grant funding is inadequate? Mr. Boucher explained that there is a mechanism of asking for additional funding if this request is insufficient. 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. REPORTS: 20. City Manager — Bennett Boucher • Mr. Boucher presented Mayor Randels the Kioten, Switzerland a proclamation received on his trip to Kioten. Mayor Randels commended Mr. Hans Saurenmann for his involvement and accomplishments in acquiring school tuitions and student exchange programs. Mr. Boucher explained that there would be a Swiss astronaut on the December 6, 1999 shuttle launch. Mr. Saurenmann reported on the various dignitaries who will be attending the launch. He requested that they be received in a similar manner to the City Manager's when he visited Switzerland. Mr. Petsos requested that the City take advantage of the State's Sister City funding program. • FPL is scheduled to start installing the concrete poles. Poles marked for • replacement are designated with red paint. Sandy Sanderson communicated to Mr. Petsos that he would be involved in a beautification effort for the poles. Mayor City Council Regular Meeting Minutes November 16, 1999 Page 10 Randels stated that the concrete poles would not be placed on comers of intersections. • Workshops for City Hall and the Stormwater Master Plan and the Wastewater five - year plan. Consensus was to schedule the City Hall workshop for December 15, 1999 at 4:00 p.m. Sheriffs Department will be included in discussions. The Wastewater Five -Year Plan will be scheduled for the first part of January. • Planning Solutions' evaluation on the Land Development Regulations has been distributed to Council. Mr. Boucher requested that Planning and Zoning have an opportunity to review the evaluation. Mr. Boucher explained that the sign issue must be incorporated with beautification and the other elements because it could thwart property owner cooperation if not packaged together. Mr. Bruns explained that he wants the City to demonstrate to the County what the City intends to develop with signs. • City Attorney's contract will be placed on the next agenda. AUDIENCE TO BE HEARD: • Mr. Pekar, meeting 11/18 at the County Commission Chambers in Viera regarding the lagoon strategies and grants by water management representatives • 12/3 Florida Utilities Stormwater Management Conference • Mr. Nicholas queried why the library does not have storm shutters. Mr. Boucher explained that the County did not submit for the mitigation grant. Commissioner Carlson is on the mitigation committee and he expects that she will intervene for a countywide grant. He reported that film would cost approximately $7,000. Mr. Nicholas concurred that film is the most effective method. • Mr. Pekar related that the RKT contractors are working on the Port Interchange. He will provide telephone numbers for related concerns. Mr. Petsos requested that RKT be invited to make a presentation on their plans. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett o His firm is representing Casselberry and Winter Springs in a lawsuit where the adult entertainment industry is pursuing the Burt Hams Property Rights Act (causing potential property devaluing). Council Member — Larry Weber o Proposed traveling every street with department heads. Mr. Bennett suggested a session with Mr. Weber on sunshine laws. Council Member — Richard Treverton City Council Regular Meeting Minutes November 16, 1999 Page 11 • No report. Council Member Bruns • Mr. Bruns queried about the permanent live Christmas tree to be planted. Mayor Pro Tem Petsos • Street light outages, especially in the south portion of the city: • Are we applying for reuse grants this year? Mr. Gardulski responded, yes for phase IV reclaimed water and east side of Al A reclaimed water, and a plant stormwater pilot system. The City is working with the Port for a reclaimed water storage tank • The school crossing light needs to be placed back overhead. Mr. Gardulski responded that the meeting is tomorrow at 9:00 and he is trying to get FDOT approval for a pedestrian walk Mayor Randels related that he would approach the state to lower the speed zone to 35 again, especially in Tight of the interchange construction. • Now that the interchange is under construction, the trees should be scheduled for removal at the North City Entrance Sign. • Residents on Atlantic have requested a no truck traffic zone at night. Mr. Gardulski will mention to the County at tomorrow's safety meeting. Mayor - Rocky Randels • No report. There being no further business the meeting adjourned at 10:00 P.M. Sandra itns, CITY CLERK (RO Rocky Randels, MAYOR