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HomeMy WebLinkAbout11-17-1998 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 17, 1998 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: MINUTES Council Members Present Richard Treverton Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Building Official, Dennis Franklin Precinct Commander, Major George McGee Mayor Randels explained that the Cape Canaveral business owners created a Committee and their first issue is the proposed City sign ordinance Mr. Bill Mays, of Call One, requested recognition of the Committee as Ad hoc and also requested a 90 -day hold off of the proposed Sign ordinance. Mr. Hernandez commended Mr. Mays and members of the committee for forming a coalition to apprise the City of business concerns, especially those imposed by the City. He also opined that 90- days is a reasonable time frame to delay further action on the proposed sign ordinance. However, he related that it is unnecessary to form an ad hoc committee, which requires a diverse group of interests and imposed rules and procedures. Council concurred with Mr. Hernandez that the committee would be heard and responded to with the same recognition afforded all persons, factions or committees (including ad hoc). The City Clerk offered to fax Mr. Mays copies of all City Council agendas as a courtesy. g \ oitydk\ minuteshegular\1998 \11- 17- 98.doc City Council Regular Meeting Minutes November 17, 1998 Page 2 INTERVIEWS: <Tape 1, 1105> Attorney Bennett interviewed Mr. George H. Reid as a prospective candidate for the Library Board. Mr. Reid is a 25 -year resident with no family members in public office. He has a sincere interest to serve on the board. Council agreed to agenda an appointment resolution for consideration at the next scheduled meeting. CONSIDERATIONS: 1. <Tape 1, 1192> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Regular Meeting Minutes of September 1, 1998; September 15, 1998; October 6, 1998; October 20, 1998; and November 5, 1998. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 1240> A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Outdoor Entertainment Permit for the Third Annual Reindeer Run & Walk for United Way of Brevard County, and waiving permit fees. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1,1375> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Amendment to the Law Enforcement Contract with the Brevard County Sheriff's Office. Mr. Mike Abels, Brevard County Administrative Services Director, explained that the rationale for including the language referencing indirect costs even though they do not apply to this fiscal year budget to lay the groundwork for future contracts. City Attorney, Kohn Bennett, suggested that the language could be included as a footnote for reference and would make the contract clean. Mr. Abels agreed that the language could be included in footnote format and will make the corrections to present for signing. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape 1,1955> A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to appoint Mr. Bruns as the Space Coast League of Cities Voting Delegate/Director and Mr. Treverton as the Alternate. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 2040> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to approve the Final Plat for Sea Era Segundo. G: \CityCik\MINUTES\REGULAR \1998 \11- 17 -98.doc 1 1 1 City Council Regular Meeting Minutes November 17, 1998 Page 3 The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1, 2081> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve the Annual Employee Christmas Bonuses. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For RESOLUTIONS: 7. <Tape 1, 2180> Mayor Randels read Resolution No. 98 -38 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mr. Hernandez suggested that it might be more appropriate to cycle the Alternate Member to the Regular Member position, then reconsider Mr. Nicholas appointment to the board with the other applicants. Council concurred. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to appoint a member to the Library Board inserting the name James K. Brown, for a term to expire October 1, 2000. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to amend the resolution to replace the word reappoint with the word appoint. The amending motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. The main motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 8. <Tape 1, 2675> Mayor Randels read Resolution No. 98 -39 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to appoint Ms. Andrea Shea -King as a regular member on the Planning and Zoning Board for a term to expire September 15, 2000. G: \CityClk\MINU ES\REGULAR \1998 \11- 17- 98.doc 1 City Council Regular Meeting Minutes November 17, 1998 Page 4 The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. ORDINANCES — FIRST READING: 9. <Tape 1, 2817> Mayor Randels read Ordinance No. 31 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY -FIVE FOOT (25') WIDE RIGHT -OF -WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Bruns queried if the FPL utility easement problem was solved. City Attorney, Kohn Bennett, responded that it had and was included in the ordinance reserving the easement. Mr. Bennett also clarified that the entire 25' goes to this owner because the remaining three - fourths of the right -of -way was previously vacated, erroneously leaving this parcel. There was no public comment. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Ordinance No. 31 -98 for second reading. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 10. <Tape 1, 3145> Mayor Randels read Ordinance No. 32 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.2, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hernandez commended the Planning and Zoning Board, as well as Steve Bapp, Planning and Zoning Technician, for their thoroughness in presenting and reviewing these issues. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No. 32 -98 for second reading. The motion passed 5 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. G: \CityClk\MINUTES\REGULAR \1998 \11- 17- 98.doc City Council Regular Meeting Minutes November 17, 1998 Page 5 DISCUSSION• 11. <Tape 1, 3274 >Review of EAR Based Comprehensive Plan Amendments Todd Peetz, City Planner with Ivey, Harris and Associates appeared before Council explaining the LPA recommended responses to the Department of Community Affairs' (DCA) issues with the Comprehensive Plan Transmittal. The five primary issues are: 1) They recommended a D level of service for Al A that would have required widening of the highway. DCA's rationale was because it is used as a hurricane evacuation route. Responding to LPA's suggestion, the DCA conceded that E is the appropriate level of service for A1A. 2) Mass Transit Level — Because the City does not provide mass transit and utilizes County buses, therefore, the City will adopt the County's level of service when theirs is adopted. 3) C -2 Land Use Zone — The DCA was concerned with the name of the zone, not the use and recommended a Commercial- Manufacturing name. 4) No conservation land use designation was included in the EAR Transmittal — LPA suggested the area at the end of Long Point, the Manatee Sanctuary Park; and the Trust Fund property (leased for 50 years) at the extreme northwest end of the City. City Attorney, Kohn Bennett, confirmed that leased property should be viable because the lease requires that the land be maintained as a conservation area. 5) DCA was concerned that the oil tank farm is not compatible with the proposed Residential Zone although there is a 1500' buffer. Mr. Treverton and Mayor Randels stated that they wanted to review these issues and present some concerns to Mr. Peetz. Mr. Bruns opined that North Atlantic Avenue development issues are addressed. Council concurred to hold a workshop meeting to discuss these issues with Mr. Peetz. The meeting was scheduled for Tuesday, November 24, 1998 at 5:30 p.m. The LPA members are to be invited. 12. <Tape 2, 400 >Progress Report on Reuse Projects Public Works Director, Ed Gardulski related that representatives of Quintin Hampton and Associates and Dial Communications were present to explain why the reclaimed water projects are behind schedule. G: \CityClk\MINUTES\REGULAR \1998 \11- 17- 98.doc 1 City Council Regular Meeting Minutes November 17, 1998 Page 6 Mr. Rick Fernandez, Quintin Hampton & Associates, who are inspectors of the project, reported that they have observed Dial Communications: • The methodology they are using (jack and bore) is the least disruptive, as the City requested • The quality and flexibility they have demonstrated has been excellent. • He has requested and granted an on -site superintendent to oversee the Dial Communications crews. • He related that they are 3 -4 weeks behind schedule. Mr. Fernandez related that it is better to be behind the schedule and have quality construction. Walt Collier , General Superintendent for all of Florida representing Dial Communications, explained: • An additional crew is being brought in to increase the effort to meet the set schedule • The City of Cocoa creates a tremendous time delay problem because of bad locates; it should take 15 minutes, however, sometimes takes 2 or 3 hours. • The City of Cocoa representative, Mr. McKay, will not allow locates without a full 48 hour notice even when the contract person is on site. • The City of Cape Canaveral sewer line locates are perfect. He commended Carl Akery and Wes Fox for the ability. • Digging under telephone lines and other services has presented some problems. • Dial Communications had some equipment malfunctions He related that hookups and service would begin within ten days. Further, with the additional crew and extended efforts, they plan to meet the initial deadline. Mr. Carl Welton, Coral Drive resident, queried how much money the contractors have drawn from their contract. Mr. Gardulski responded that they have received only 22 percent of the contract amount. Mr. Welton also requested that a revised schedule of the construction should be posted at City Hall. Council concurred that Quintin Hampton & Associates should give another update at the December 15, 1998 meeting. Mr. Leo Nicholas commended the contractors despite the delay citing the historical difficulty working with Cocoa Water. G: \CityClk\MINUTES\REGULAR \1998 \11- 17- 98.doc City Council Regular Meeting Minutes November 17, 1998 Page 7 13. <Tape 2, 1674>Installation of Reuse Service for Vacant Lots Ed Gardulski, Public Works Director, created a list of advantages and disadvantages to installing reclaimed water service for vacant lots: Advantages Disadvantages • restoration all at once • contractor can do things the city can not • city has limited funds • services to install on vacant lots were not let for bid • future improvements may require relocating the service & added expense • sewer customers are paying for the system, vacant lot owners pay nothing • increased maintenance due to line breaks from vehicles driving over service boxes on vacant lots • the pumping facility was not designed to have multiple or oversized lines (2 ") to residential lots Mr. Treverton queried if it would be appropriate to offer the service if the customer has a use for the reclaimed water and pays the full cost of installation. Mr. Gardulski explained that sewer customers would subsidize the operating costs because there is no fee for reclaimed water consumption. 14. <Tape 2, 2006 >Jetty Park, Port Reuse Agreement Mayor Randels explained that the Canaveral Port Authority needs direction in reference to their request for reclaimed water for Jetty Park. City Attorney, Kohn Bennett, stated that Council should concur on allocating the water before he assigned to spend time and money developing an agreement that Council will not consider. Ms. Jennifer Wood, Hartman & Associates Engineer representing the Canaveral Port Authority, was present. She explained that the Port is requesting reclaimed water only G: \CityClk\MINUTES\REGULAR \1998 \11- 17- 98.doc 1 City Council Regular Meeting Minutes November 17, 1998 Page 8 when it is available. If the City needs the water, the agreement will mandate that the Port will not receive its allocation according to the City's determination. She related that the Port will be using horizontal wells eventually. They estimate the need for 60,000 gallons per day. Mr. Leo Nicholas stated that the City should be diligent by allocating the appropriate initial capital costs of providing the reclaimed water as well as continued maintenance. Mr. Gardulski stated that it is a good concept for the Port to receive the water rather than sending it into the river. He suggested that a pop -off system is good. Council concurred to negotiate for providing the requested 60,000 gallons allocation. However, the City of Cocoa Beach should be requested to acquiesce the same amount from its allocation. The per - gallon rate can not be determined until Burton and Associates have completed their study, which could be in March 1999. 15. <Tape 2, 2895> Holman Road City Manager, Bennett Boucher, explained that the County insists on giving the road to the City and will not deed it to the property owners without unanimity amongst them. Earl McMillin, resident of Holman Road, reiterated that he will personally take the responsibility of the road as a trustee, allowing residents ingress and egress through the mandates of the deed. He stated that if the residents do not agree with the level of maintenance, they would have an opportunity to pay for a higher standard. Ms. Hernandez suggested that the City accept the road ownership from the County and Quit Claim Deed the parcel to Earl McMillin as trustee with a reservation of easements. City Attorney, Kohn Bennett, related that it will take him approximately ten hours, plus recording fees to prepare the necessary documents. Consensus was to notify all property owners on Holman Road in advance of the meeting where this issue will be considered. REPORTS: Mayor Randels introduced the newly hired Building Official, Dennis Franklin. G: \CityClk\MINUTES\REGULAR \1998 \11- 17- 98.doc 1 1 1 City Council Regular Meeting Minutes November 17, 1998 Page 9 Audience: Beatrice McNeely — Planning and Zoning Chair • Ms. McNeely requested that Council consider seriously the letter of recommendation from the Community Appearance Board and Planning and Zoning Board for the City to invite Tim Hancock of Collier County to speak on the sign issue and Community Appearance issues. Council concurred to invite Mr. Hancock to speak for the City. Leo Nicholas — resident • Mr. Nicholas congratulated the newly elected Council Members and stated that they did the right thing by promoting the Alternate Members to Regular Membership. However, he does desire consideration for appointment as an alternate member to both the Library Board and the Planning and Zoning Board. Council concurred to continue past 10:00 p.m. City Manager — Bennett Boucher • Mr. Boucher reported that the Florida Department of Transportation has approved $155,000 to be allocated toward the A1A Beautification project as requested by the City two years ago. • Mr. Boucher reported that Burton and Associates have responded to the City's proposal for an impact fee study and a reclaimed water rate plan for non -city consumers. • Mr. Boucher reminded Council that the City Attorney's contract would be considered on the December 15, 1998 agenda. • Mr. Boucher reminded Council that he will be on vacation next week and the City Clerk will be Acting City Manager. • Mr. Boucher reminded Council that his annual evaluation is due. Reports are due from Mr. Hernandez and Ms. Salamone. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. Council Member — Richard Treverton • Mr. Treverton commended the Mayor and fellow Council Members for the quality run meeting and expressed his appreciation for their indulgence on his behalf. G: \CityClk\MINUTES\REGULAR \1998 \11- 17- 98.doc 1 City Council Regular Meeting Minutes November 17, 1998 Page 10 Council Member — Burt Bruns • Mr. Bruns requested that staff research the traffic study and try to implement something that will deter speeding on Washington Avenue. Mr. Gardulski stated that stop signs can be installed right away. Council concurred that two stops signs should be erected along Washington Avenue. • Mr. Bruns reported that the Water 2020 Committee has developed a draft proposal and projects that the state will have enough water at least through the year 2020. Council Member — Tony Hernandez • Mr. Hernandez reiterated that the garbage on Rosalind is still unacceptable. Mr. Boucher responded that Code Enforcement Officer, Greg Mullins and Rick Faduhl of USA Waste are working on solving the problem. • Mr. Hernandez reminded Council that Commissioner Randy O'Brien pledged four bleachers to the City and queried how we can obtain them. Mayor Randels stated that he will forward a letter requesting the bleachers. • Mr. Hernandez queried about the status of obtaining City of Cape Canaveral Investigative Costs. He related that a form was made for obtaining the fees and the Sheriff changed the date from fiscal year 1997/98 to 1998/99. Council concurred that the City Attorney should write a letter referencing the stipulation in the 1997/1998 contract that investigative fees are to be remitted to the City. Mr. Hernandez opined that the fees should be returned to the City since they were initially collected. Mr. Mike Abels, Brevard County Administrative Services Director, will be requested to attend the December 15, 1998 Council Meeting to explain the status of this issue. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried if Fairvilla has fulfilled their commitment to clean A1A this past quarter. Mayor Randels responded that he will research the matter. • Mr. Petsos queried about the status of Florida Department of Transportation involvement with sidewalks along the East side of A1A where owners are not allowing them across their storefront driveways. • Mr. Petsos reminded Council and Staff of the Space Coast League of Cities Christmas meeting and dinner at the Patrick Air Force Base Officers Club on December 7, 1998 at 6:30 p.m. Mayor — Rocky Randels No report. G: \CityClk\MINUTES\REGULAR \1998 \11- 17 -98.doc City Council Regular Meeting Minutes November 17, 1998 Page 11 There being no further business, the meeting adjourned at 10:30 p.m. G: \CityClk\MINUTES\REGULAR \1998 \11- 17 -98.doc Rocky Randels, MAYOR