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Home My WebLink About12-01-1998 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 1, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Burt Bruns Tony Hernandez Richard Treverton 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 PRESENTATION: Mayor Randels presented a Mayor's Award to Rosa M. Cordova of Rosie's Stitch in Time. CONSIDERATIONS: 1. (Tape 1, 187) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the City Council Regular Meeting Minutes of November 17, 1998. The motion passed unanimously 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. (Tape 1, 244) A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Option Agreement with CEVESCO, Inc. and the Florida Communities Trust to purchase a five (5) acre parcel for Banana River Park. Mr. Petsos related that recent land purchases and appraisals reflect that values are going up within the City. The motion passed unanimously 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. 1 Cape Canaveral City Council Minutes December 1, 1998 Page 2 3. (Tape 1, 450) A motion was made by Mr. Petsos and seconded by Mr. Bruns authorizing the Mayor to execute the Satisfaction of Lien on the Ida Bruss Estate in the amount of $1,955 as recommended by the Code Enforcement Board. The motion passed unanimously 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. (Tape 1, 1250) 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. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 31 -98 at second reading. There was no public comment. The motion passed unanimously 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. (Tape 1, 1293) 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. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 32 -98 at second reading. There was no public comment The motion passed unanimously 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 1 Cape Canaveral City Council Minutes December 1, 1998 Page 3 6. (Tape 1,1338) Canaveral Port Authority Request for Reclaimed Water Ms. Jennifer Woodall, Engineer with Hartman, representing the Port Authority, made a presentation regarding the agreement status. Ms. Woodall explained that: • a permanent agreement will be eventually required, however, a temporary agreement is needed in the meantime • issues - storage - timing - demand She related that the Port will be spending over $1 million to install facilities to maintain landscaping. Following are reasons she demonstrated for need a temporary agreement. • Jetty Park has an immediate need • Allow use of reclaimed water while a permanent agreement nego 'ations continue • Expiration date coincides with the wastewater franchise agreem t • Port Authority will install meter and pressure sustaining valve; Ci of Cape Canaveral approves the equipment • Port Authority will pay the rate established by the City of Cape C averal • The Agreement ends April 22, 2000 with the wastewater franchise Benefits as related by Ms. Woodall: • Environmental — immediate reduction of discharge into the Banana River • Financial — City receives revenue for reclaimed water • Public — Beautification of Jetty Park Mr. Petsos opined that the 100,000 gallons diverted from Cocoa Beach's agreement allocation should remain earmarked for the interchange because it directly affects the City. Ms. Woodall explained that the Port would like the agreement amended to give to the Port for storage and dissemination at their discretion. She related that a 350,000 -gallon storage tank has already been designed. Further, another reason for the temporary agreement is because it will be at least two years before the interchange is complete. Council expressed interest in the concepts as Ms. Woodall presented them. Mr. Petsos requested that the City Attorney review the sentence in the proposed temporary agreement regarding "...with all requirements of all government agencies..." City Manager, Bennett Boucher, stated that the Florida Department of Environmental Protection (MEP) permit language should be carefully considered and verified by the FDEP. Ms. Beatrice McNeeley, resident and Planning and Zoning Chair, queried about the Port Authority's proposed system of integrating stormwater and reclaimed water. 1 Cape Canaveral City Council Minutes December 1, 1998 Page 4 REPORTS: 7. (Tape 1, 2410) City Manager — Bennett Boucher • Mr. Boucher commended Ms. Sims for filling in as Acting City Manager during his vacation week. Audience No report City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. Council Member Richard Treverton • Mr. Treverton reported that a resident has approached him regarding obtaining reclaimed water for vacant lots. The resident stated that they would pay for all costs, including metering and paying for the water. Mayor Randels explained that the bid did not include lines that would be sufficient to support the additional connections. Mr. Treverton concurred with Council's position and related that a citizens group will likely approach Council on this matter. Council Member — Burt Bruns • Mr. Bruns queried when the stop signs will be installed on Washington Avenue. Ed Gardulski, Public Works Director, stated that the signs at Washington and Orange Avenue will be installed right away. The second intersection has yet to be determined. • Mr. Bruns reported that he and the Public Works Director attended the recent Water 2020 meeting and asked Mr. Gardulski to comment on the reports. Mr. Gardulski reported that no standards have been listed for water conservation measures, but there will be in the near future. • Mr. Bruns queried about the status of the speaker from Collier County who will discuss Community Appearance and Sign Ordinances. City Manager, Bennett Boucher, reported that he will be contacted right away. • Mr. Bruns queried why the sidewalks that have been removed during the west A1A construction have been replaced with sloppy blacktop? Mr. Gardulski explained that it is a temporary repair until all construction is complete, so the sidewalk can be reconstructed all at once. 1 Cape Canaveral City Council Minutes December 1, 1998 Page 5 Council Member — Tony Hernandez • Mr. Hernandez queried if the escrow account has been established for the City Park Ball Field Renovations. City Treasurer, Andrea Bowers, stated that it has not because the initial funds have not been received ($2,000 from USA Waste). He reported that he and Mr. Boucher have been meeting to start plans of action for the renovation. • Mr. Hernandez queried about the status of receiving Investigative Costs from the County. Mr. Boucher stated that there has been no change. Mr. Hernandez opined that a legal demand letter should be sent for funds collected from day one of the contract, and without question since the 1997 contract. • Mr. Hernandez queried about the status of the garbage on Rosalind, when it will be moved to the parking lot, and the property to the south. Mr. Boucher stated that Code Enforcement is continuing to monitor the problem. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried about the status of the Patriots Park purchase status. City Attorney, Kohn Bennett responded that there still has been no response. He stated that Ms. Mosher responds better to Recreation Director, Nancy Hanson and he will have Ms. Hanson contact her. • Mr. Petsos stated that he would like to see the City honor a student regularly, at least at Cape View, and possibly at Cocoa Beach High School. Council concurred that Mr. Petsos should set up a system with the schools and report back to Council to implement a program. • Mr. Petsos reported that Mayor Randels received the Brevard County Economic Development Council Volunteer of the Year Award. Council commended Mayor Randels for his efforts. • Mr. Petsos reported that he attended the Commercial Development Board meeting and they are requesting more volunteers for the Reindeer Run scheduled for December 12, 1998. • Mr. Petsos reminded Council of the Space Coast League of Cities meeting on December 7, 1998 at the Patrick Air Force Officers Club. Mayor — Rocky Randels • Mayor Randels commended the City Treasurer for obtaining the Cocoa Beach High School Band for the Patriots Day Parade. • Mayor Randels reported that Mr. Bennix is still planning to fmance landscaping projects along Al A. • Mayor Randels reported that the Space Coast Film Industry contract allows the film industry a more simplified process of obtaining permission to film in the county, and is an asset for the city. 1 1 Cape Canaveral City Council Minutes December 1, 1998 Page 6 • Mayor Randels reported that a new gas /electric power plant is approved and scheduled for construction at SR520 and Interstate 95. • Mayor Randels reported that the Tower Boulevard paving must be addressed. City Attorney, Kohn Bennett stated that the requirement to pave at the City's expense is in the deed. • Mayor Randels reported that he walked with the Lions Club from 192 to Cape Canaveral to benefit the Ronald McDonald's House. • Mayor Randels reported that he has been negotiating with First Union Bank, Cape Canaveral Officials for utilizing their second floor of the bank building for COPS training facilities, the Explorers and other purposes. • Mayor Randels distributed the new Brevard County Animal Ordinance. There being no further business, the meeting adjourned at 8:45 p.m. Sandra. Rozar Sims, CITY CLERK Rocky Randels, MAYOR