CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
TUESDAY
May 2, 2006
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Jim Morgan
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager Bennett
Boucher
City Attorney Anthony
Garganese
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
City Planner Todd
Peetz
PRESENTATION:
Mayor
Randels introduced Mr. Brad Smith of Brad Smith Associates, Inc. and Mr. Don
Soderblom of Greenblades of Central Florida, Inc. He stated that the firm received the design
contract as of February 7th.
The firm is presenting a conceptual design. Mr. Smith informed that two public
involvement sessions are planned for May 16th at the Public Library
from 3:00 to 4:30 P.M. and again from 6:30 to 8:00 P.M.
During
the presentation:
Mr.
Smith referred to the storyboards to point out the intended bike route on the
west side of the road and also how planting would occur in an alternating
fashion on the roadway. Mr. Smith stated
that the Public Meetings would review the Power Point presentation and the
storyboards. The public could provide
comments with post-it notes on sections of the storyboard. Mr. Smith informed that the Power Point presentation
would also be available in storyboard fashion for the public to make their vote
with colored stickers on the slides of choice.
He informed that the Florida Department of Transportation design
criteria required a non-mountable, or type “F” curb. However, the Council did
not need to adhere to FDOT standards. The firm adhered to the local code and
line of sight. Mr. Smith noted that some
parking now occurs within the existing right-of-way. He stated that the firm would work with staff
on any identified issues.
Mayor
Randels commented on a median that would deter entrance to a residence. Mr. Morgan expressed concern with fire
protection and requested the Fire Chief’s input. Mr. Petsos expressed favor with the
meandering landscape. Council concurred
with the bicycle path on the west side and the pedestrian walkway on the east
side. Mr. Morgan noted that the items
presented in the workshop were favorably applied. Mayor Pro Tem Hoog questioned parking
capabilities if people are no longer able to park in certain areas. Mr. Boucher replied that staff and the firm
would work with those impacted for reasonable project application. Discussion brought out that tree growth is a
concern in light of the utility poles.
Mayor Randels pointed out a footprint for bike trails. Mr. Morgan stated that there are no existing
curbs except at the intersections. Mr.
Smith stated that mountable curbs exist.
Mr.
Smith informed that after the Public Hearing process, Stottler, Stagg and
Associates, City Engineers will review the City infrastructure relative to the
project as Phase II of the project. Mr.
Smith informed that substantial curbs were needed to withstand impact from
heavy vehicles. Mr. Petsos questioned
the Florida Department of Transportation standards. Mr. Smith replied that his firm would comply
with the more stringent standards if the Council desired. He would also comply with the full two-lane
traffic. Mayor Randels announced that
two meetings would be held on May 16th, at 3:00 P.M. and at 6:30
P.M. Mayor Randels reported that funding was available through mitigation from a
developer and also funds from the County for asphalt. He informed that the project results would be
ready by July 18th.
Mr.
Morgan asked if there were a price differential on the stamped asphalt. Mr. Smith replied that the firm would return
with probable construction costs on July 18th. A resident informed the Council that stamped
asphalt in
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of April 18, 2006.
2. Proclamation
for Municipal Clerks Week.
3.
Proclamation
for National Public Works Week.
Mayor Randels asked if Council, staff or any
interested party desired to remove any of the items for discussion.
No request was made to remove any of the items for
discussion.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
4. Motion
to Approve: Quarterly Treasurer’s Report
and Budget Transfers for the Period Ending March 31, 2006.
Ms. Bowers stated that adjustments were made to
construction related revenues and Investigative Fees decreased
considerably. She explained that no
changes went against Reserve Funds; however, funds were used for street
lighting installation at the Recreation Complex that was a previous year
appropriation. Any new Operating
Expenditures were used from Contingency and the adjustment that was made in the
revenues was from a Contingency Fund established for the Police Department
property purchase. Mayor Randels
explained that when the State Attorney prosecutes for City code violations,
violators were fined $246.00; however, if the fine is paid the City receives
$15.00 and the State Attorney receives $100.00 for prosecution. Ms. Bowers also reminded of the Law
Enforcement costs. Mr. Petsos asked if
the City could opt into the County’s open container law and to let them
prosecute the offense. Ms. Bowers said
that the violations were strictly City laws.
Attorney Garganese explained that if the law were adopted as a
countywide ordinance then State Attorney could prosecute it as such. Ms. Bowers replied to Mayor Randels question
that animal control violations are prosecuted under General Government Ad
Valorem taxes. Ms. Bowers informed that
a new line item was established for the Manatee Sanctuary Park Drainage
Improvement Project.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve
the Quarterly Treasurer’s Report and Budget Transfers for the Period Ending
March 31, 2006. The vote on the
motion carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos,
For and Mayor Randels, For.
5. Motion
to Approve: Request for State and
Federal Transportation Project Funding.
Mayor Randels explained that each year Council comprises
a list of items related to road improvements.
He read the (7) items as follows: 1) SR A1A and International Drive,
reconfigure alignment of the intersection, 2) SR A1A and Columbia Drive,
construct a pedestrian overpass, 3) SR A1A and Columbia Drive, help to make
this intersection safe for vehicles and pedestrians, 4) Install overhead
boom/mast arm signals at (4) locations, 5) improve the street lighting on SR
A1A, 6) Synchronize the traffic lights and 7) Design and construct an urban
roadway profile for SR A1A. Mr. Nicholas
suggested reprioritizing the traffic light synchronization in order to improve
traffic flow. Mr. Petsos reminded that
costs were relative to item priority.
Mayor Pro Tem Hoog asked if the MPO could address the traffic light at
SR A1A and
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve a Request for State and Federal Transportation
Project Funding to the Brevard Metropolitan Planning Organization. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor
Randels, For.
6. Motion
to Approve: Authorization to Advertise
Request for Proposals (RFP) for Architectural Services – City Hall/Police
Campus Design.
Mr. Boucher informed that the City was unsuccessful
in securing the property on
A motion was made by Mr. Nicholas and
seconded by Mr. Petsos to Approve the Authorization to Advertise Request for
Proposals (RFP) for Architectural Services. The vote on the motion
carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos,
For and Mayor Randels, For.
SITE PLAN:
7. Motion
to Approve: Atlantic Animal Clinic,
Allen Engineering, Applicant.
Mr. Todd Peetz informed the current clinic is
located on the corner between Polk and Tyler Avenues. He noted inconsistencies to the code on two
36-inch oak trees that were in question for removal and the potential loss of
one parking space. He stated that only
the City Council could approve the special waiver. Mr. John Allen of Allen Engineering informed
that subsequent to a survey he noted a change in one tree measurement from
24-inches to 19-inches in diameter.
Mayor Randels explained that the new building is for vacant land between
Tyler and Harrison Avenues. Mayor Randels explained that meandering through the
property provided for tree preservation.
Mr. Morgan and Mr. Petsos concurred in favor of the project. Mayor Pro Tem Hoog asked if the stormwater
question was answered. Mayor Randels
referenced an update on April 4th.
There was no audience input.
A motion was made by Mr. Morgan and seconded
by Mayor Pro Tem Hoog to Approve the Atlantic Animal Clinic Site Plan. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor
Randels, For.
DISCUSSION:
8. City
Council Seat Vacancy.
Mayor Randels announced that Council Member Jim
Morgan submitted his resignation effective May 30, 2006. He read the City Code requirements to appoint
a successor within (30) days from the existing vacancy to complete the term
until the next General Election at which time a one-year appointment would
complete the remainder of the original term.
Mayor Randels informed that the City would publish a notice and if any
person were interested in serving on the Council they would submit a
resume. Attorney Garganese explained that
City Council could not fill the seat until the vacancy became effective. Council agreed to accept applications for
the vacant City Council seat until June 1st for review at the next
scheduled meeting on Tuesday, June 6th.
9.
Dr.
James Wright of the
Dr. Wright stated
that any questions removed might create the need for additional questions. Mr. Nicholas asked about the statistical
basis for the number of respondents. Dr.
Wright replied that to be with the nearest plus or minus 5 percentage points
was closest to a precise answer from the sample size of 400. Council requested to remove the ethnicity
question. Discussion followed on the
types of questions to include. Mr.
Russell informed that Census data is most near accurate. Dr. Wright replied that the 2000 census
results might have changed some data aspects.
Mr. Craig Smith stated that this is a quality of life survey. Ms.
Shannon Roberts noted that a survey during this time of year is not inclusive
of the City’s seasonal population. Mr.
Smith informed that the web site could collect any missed respondents. Dr. Wright expressed his thanks to the
Council and the Business and Cultural Development Board for the opportunity.
REPORTS:
1.
City
Manager
·
Mr.
Boucher informed that the City received one bid for Continuing Concrete
Services at a price of $797,000. He
would review this with the City Treasurer for available funding. Council
questioned the high bid cost. Mr.
Boucher informed of the expense of directional drilling under a State road.
·
Mr.
Boucher reported that the grant paperwork for the north central drainage
canal project is in progress. He anticipates funding for the south canal
next year.
·
Mr.
Boucher reported that the Cart system went online as of May 1. He noted some of the problem areas and stated
that Waste Management was working diligently to address any problems.
·
Mr. Boucher
reported that he has a meeting with the County on May 10th on the intersection improvements for
·
Mr.
Boucher reported that he has an upcoming Brevard Metropolitan Planning
Organization meeting for north turn lane project.
·
Mr.
Boucher reported on the successful Customer Service Training for staff.
2. Staff
Building Official
·
Mr.
Morley suggested an article for the
Hometown News to report that the City is sponsoring the survey.
·
Mr.
Morley announced that Country Inns and
Suites will have their lights out inspection in the coming week. They are seeking a steak house for their out
parcel.
Stormwater Administrator
·
No
report.
City Treasurer
·
No
report.
City Clerk
·
Ms.
Stills informed of the time to prepare for a half-day Visioning Session with
the Council and staff. The Clerk’s
office would contact Council members to schedule the day and time.
City Attorney
·
No
report.
AUDIENCE TO BE HEARD:
·
Mr.
Glen Petit addressed the Council on behalf of the Treasure Island Club. He referred to the last above ground lift
station. He explained that this
created an attractive nuisance for young children. Mr. Petit explained that the Public Works
Department secured the area; however, the problem is ongoing. He requested to have this item placed on the
next agenda for further discussion with the intent of installing an underground
unit. Mr. Boucher replied that the Lift
Station was budgeted to become a submersible system.
·
Mr.
Petit stated that to the property south of the
·
Mr.
Craig Stewart pointed out that a survey question should ask what type of
businesses residents would like to see less of in the City. Mayor Randels clarified for the audience that
the Lido Cabaret and the two Fireworks Retail stores are not in
3. City
Council
Council Member Nicholas
·
Mr. Nicholas commended Fire
Chief Dave Sargeant for his foresight in purchasing the ladder
truck in light of a recent fire in
·
Mr. Petsos asked if any letter was forwarded
regarding the software to track County fiscal
accountability. City Manager
will draft a letter. Mr. Boucher
informed that the County planned to include the Emergency Management Services
assessment into its General Fund.
·
Mr. Petsos expressed his appreciation for
the City Recreation Director’s letter to the County’s Parks and Recreation
Director for $30,000 for the playground.
·
Mr. Petsos reported that the Planning Board
and the Zoning Board of Adjustment approved the
·
Mr. Petsos asked for discussion for a definition of diseased trees.
·
No report.
·
Mayor Pro Tem
Hoog asked about the turning lane light for
· Mayor Pro Tem Hoog asked about the sidewalk in front of the Radisson Resort. Mr. Morley replied that the Florida Department of Transportation did not approve the elevation.
·
Mayor Pro Tem Hoog
brought out the issue of affordable housing. He suggested that the Planning and Zoning
Board create an area for affordable housing.
Ms. Cathy Reakes related that in order to gain affordable housing on the
beachside she was told that density would need to increase. Mr. Morgan replied that a density increase
required a referendum. Ms. Judy Lau
replied that Brevard Workforce Development is presenting a report on affordable
housing however the definition of affordable housing is 30 percent of one’s
income limit. She explained that the
income level of the retail workforce was not able to sustain housing in the
City. Ms. Bea McNeely informed that
there was a report on high hazard coastal areas and the findings were to lower
the density along the coast. She also
informed that the Florida Department of Community Affairs directed to place
affordable housing in the Comprehensive Plan.
·
Mayor Randels reported on the success of the Arbor Day ceremony.
·
Mayor Randels reported that the Disney Cruise Line adopted the shoreline along
·
Mayor Randels informed that the City presented
Ms. Anna Kelly with a Key to the City that
she displays along with a family photograph.
·
Mayor Randels announced that he invited
Attorney General Charlie Crist to speak on the Sexual Predator ordinance.
·
Mayor Randels announced that
·
Mayor Randels reported that he would return
to another session on the
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 9:50 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK