ROCKLEDGE CITY COUNCIL REGULAR MEETING MINUTES

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1 Page 1 of 8 ROCKLEDGE CITY COUNCIL REGULAR MEETING MINUTES Wednesday, April 21, :30 p.m. 1. CALL TO ORDER / ROLL CALL The Rockledge City Council met in regular session on April 21, 2004, at 6:30 p.m. in the Council Chamber at Rockledge City Hall, 1600 Huntington Lane, Rockledge, Florida. PRESENT: Larry L. Schultz Mayor Dr. Joe Lee Smith Councilmember, Seat #1 Richard K. Blake Councilmember, Seat #2 Ralph J. McCoig, Jr. Councilmember, Seat #3 Thomas J. Price, Jr. Councilmember, Seat #4 E. Georgia Phillips Councilmember, Seat #5 Kendall T. Moore Councilmember, Seat #6 Joseph E. Miniclier City Attorney James P. McKnight City Manager Betsi Beatty Moist City Clerk STAFF PRESENT: David A. Henderson Assistant City Manager Everett B. Yankie Building Official Don R. Griffin Development & Grants Coordinator Richard E. Allen Fire Chief John C. Shockey Chief of Police Jimmy J. Gilliard Public Works Director Alan M. LaDuke Wastewater Treatment & Water Reclamation Director With a quorum present, the meeting was called to order by Chairman Kendall T. Moore. 2. INVOCATION At the invitation of Councilman McCoig, the invocation was given by Assistant City Manager David Henderson. 3. SALUTE TO THE FLAG A salute was given to the flag and the pledge of allegiance was repeated in unison. 4. APPROVAL OF MINUTES Regular Meeting of April 7, 2004 Councilwoman Phillips made a motion to approve the minutes of the regular meeting on April 7, 2004; seconded by Councilman Blake. The motion carried unanimously (7). 5. PRESENTATIONS Quintin Haynes, a member of the Rockledge Student Advisory Committee, addressed the Council concerning the American Cancer Society s Relay for Life event to begin April 30. The RSAC has a team participating in the event and he encouraged the members of the Council and

2 Page 2 of 8 City Staff not already participating to make a contribution to the team to benefit this worthwhile cause. 6. FINANCIAL / BUDGET REPORT Month of March 2004 Mayor Schultz moved to be in receipt of the Financial/Budget Report for the month of March 2004; seconded by Councilman Blake. The motion passed by unanimous vote (7). 7. PUBLIC HEARINGS / ORDINANCES / RESOLUTIONS A. Resolution / Public Hearing: Vacating Rear Utility Easements, Lots 2-5, 16-22, 24-28, Block H, Chelsea Park Unit 7, and Lots 6-8 and 10-14, Block H, Chelsea Park Unit 8 (Petitioners: Chelsea Homes, Inc., et al) Councilman McCoig offered Resolution # entitled A RESOLUTION OF THE CITY OF ROCKLEDGE, BREVARD COUNTY, FLORIDA, VACATING, ABANDONING, RENOUNCING, AND DISCLAIMING ALL RIGHT, TITLE AND INTEREST OF SAID CITY, AND OF THE PUBLIC, IN AND TO THE 7.5 FOOT UTILITY EASEMENT ON THE REAR BOUNDARY OF LOTS 2 THROUGH 5, LOTS 16 THROUGH 22, LOTS 24 THROUGH 28 OF BLOCK H OF CHELSEA PARK, UNIT 7, AND LOTS 6 THROUGH 8 AND LOTS OF BLOCK H OF CHELSEA PARK, UNIT 8, EXCEPTING AND RETAINING THE PUBLIC UTILITY AND/OR DRAINAGE EASEMENT ON THE SIDE LOT COMMON LINES; DIRECTING RECORDATION OF A CERTIFIED COPY OF THIS RESOLUTION, AND RECORDATION OF THE PROOFS OF PUBLICATION OF THE NOTICE OF PUBLIC HEARING WITH RESPECT TO THIS RESOLUTION and moved to read the resolution by title only and open the matter for public hearing; seconded by Councilwoman Phillips. The motion passed by unanimous vote (7). City Attorney Miniclier read aloud the title of the resolution, after which Chairman Moore declared the matter open to the public for discussion. There being no discussion, Chairman Moore declared the public hearing to be closed. Councilman Price moved for adoption of the resolution; seconded by Mayor Schultz. Voting for the motion: Mayor Schultz and Councilmembers Smith, Blake, McCoig, Price, Phillips, and Moore. The motion carried by unanimous vote (7). B. First Reading: Ordinance Granting Ad Valorem Tax Abatement to Delta Group Electronics, Inc., for its Expansion Mayor Schultz offered an ordinance entitled AN ORDINANCE OF THE CITY OF ROCKLEDGE, BREVARD COUNTY, FLORIDA, TO GRANT AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO DELTA GROUP ELECTRONICS, INC., 395 GUS HIPP BOULEVARD, ROCKLEDGE, FLORIDA, FOR ITS EXPANSION; SPECIFYING THE ITEMS EXEMPTED; PROVIDING THE EXPIRATION DATE OF THE EXEMPTION; FINDING THAT THE BUSINESS MEETS THE REQUIREMENTS OF F.S (1); PROVIDING FOR PROOF OF ELIGIBILITY FOR EXEMPTION; PROVIDING FOR AN ANNUAL REPORT BY DELTA GROUP ELECTRONICS, INC.; DECLARING THAT INVALIDITY OF ANY PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF AND FOR OTHER PURPOSES, and made a motion for the first reading of the ordinance by title only; seconded by

3 Page 3 of 8 Councilman Blake. The motion carried unanimously (7). City Attorney Miniclier read aloud the title of the ordinance for the first reading. Mayor Schultz made a motion to authorize publication and a public hearing to be held on May 5, 2004; seconded by Councilman McCoig. The motion carried by unanimous vote (7). 8. REPORTS FROM BOARDS AND COMMITTEES A. Citizens Recreation Advisory Board, Minutes of Meeting on March 18, 2004 Councilwoman Phillips moved to be in receipt of the minutes of the following meetings: Citizens Recreation Advisory Board on March 18, 2004 Education Advisory Committee on March 22, 2004 Business Development Committee on March 30, 2004 Council Finance & Budget Committee on April 5, 2004 Planning Commission on April 6, 2004 The Rockledge Environmental Enhancement (TREE) Board on April 8, 2004 and to consider independently any recommendations contained therein; seconded by Councilman Smith. The motion passed unanimously (7). B. Education Advisory Committee, Minutes of Meeting on March 22, 2004 See item 8-A. C. Business Development Committee, Minutes of Meeting on March 30, 2004 See item 8-A. D. Council Finance & Budget Committee, Minutes of Meeting on April 5, 2004 See item 8-A. 1. Recommendation: Old City Cemetery Property that Staff be directed to obtain appraisals on the old cemetery property, and that negotiations be entered into regarding the purchase of same afterward. Councilman Price provided an overview of this item, noting that the property must be appraised both as a cemetery and as industrially zoned property. There was discussion on potential use of the property and restrictions that may apply if purchased. Mayor Schultz moved to approve the recommendation and authorize Staff to proceed; seconded by Councilman Blake. The motion passed by unanimous vote (7).

4 Page 4 of 8 2. Recommendation: Video Recording of Council Meetings that Staff be directed to provide, during the expansion and modernization of City Hall, for the potential electronic video recording of City Council meetings. City Manager McKnight revealed that Staff research estimates the cost to provide televised City Council meetings will be $30,000 to $40,000 annually, and the Committee thought it prudent at this time to take steps during the upcoming expansion of City Hall to provide a room or space in which to house video equipment in the event meetings are visually recorded. Councilman Smith stated that there is a need to community feedback on the matter of televising meetings, and Councilman Moore suggested that this could be accomplished by advertising for input on the City s web site. Councilman McCoig made a motion to approve the recommendation; seconded by Councilman Smith. The motion carried unanimously (7). 3. Recommendation: Space Coast Iceplex that Staff be directed to complete the RENUNCIATION AND RECONVEYANCE OF GIFT, and immediately record same, further that the Staff work with the management of the Iceplex to assist them with advertising and signage in whatever way possible. Chairman Moore noted that action was taken by the City Council at the April 7, 2004 meeting to reconvey the iceplex property to the previous owner, and toward that end, a public hearing to vacate the City s interest in the property has been scheduled for the regular meeting on May 5, Mayor Schultz moved to accept the recommendation; seconded by Councilman Price. The motion passed unanimously (7). E. Planning Commission, Minutes of Meeting on April 6, Recommendation: Zoning District Amendment, R2 to C2, 3.79 Acres West of Murrell Road, North of Roy Wall Boulevard (Danubio Enterprises, Inc.) to recommend the approval of the petitioner s request to change the property from R2 zoning to C2 zoning with the condition that, should it be developed for any type of residential use, it be capped at 5 units per acre as it now stands. Mayor Schultz moved to accept the recommendation; seconded by Councilman Blake. Voting FOR the motion: Mayor Schultz and Councilmen Smith, Blake, McCoig, Price and Moore. Voting AGAINST the motion: Councilwoman Phillips. The motion passed by a vote of 6 to 1. Minority Rationale: Councilwoman Phillips noted that the properties in the immediate vicinity, whether inside the city limits or not, single family residences and churches, and feels that commercial zoning is inappropriate for this property. F. The Rockledge Environmental Enhancement (TREE) Board, Minutes of Meeting on April 8, 2004 See item 8-A. 9. UNFINISHED BUSINESS There was no unfinished business.

5 Page 5 of CONSENT BUSINESS Mayor Schultz moved for approval of the following consent business item: Request: Vehicle Purchase (Public Works Department) The motion was seconded by Councilman McCoig and passed unanimously (7). 11. NEW BUSINESS A. Request: Speed Control Device, Osprey Lane (Pelican Harbour Subdivision) City Manager McKnight introduced the request from area residents for installation of a speed hump on Osprey Lane. He reported that Staff has conducted speed and traffic volume studies, which indicate that a change is warranted on this street. Installation of some type of physical impediment would not create any impact to the other streets in Pelican Harbour. Councilman McCoig made a motion to approve the request; seconded by Mayor Schultz. The motion carried by unanimous vote (7). Mayor Schultz urged Staff to provide written communication to the residents along Osprey Lane to notify them of the forthcoming installation and location(s) of same. The Council concurred with this suggestion. B. Request: City Manager Employment Contract Renewal Councilman Blake made a motion to approve the Employment Contract Renewal with City Manager McKnight; seconded by Councilman Price. Mayor Schultz noted the minor changes to this contract document, which includes provision for a cellular phone and laptop computer, and recommended approval. He feels City Manager McKnight is an exemplary City Manager, an opinion with which the Council concurred. The motion carried unanimously (7). C. Request: Establishment of Fees for Applications to Vacate (City Clerk) City Clerk Moist advised that in the past, requests to vacate easements and rights-of-way were few and far between, but are now becoming more and more frequent. Until now, there has been no formal process or application for vacation requests, and associated direct costs are paid by the petitioner once those costs have been determined, which does not include Staff time. In order to streamline the process, an application form has been developed for this type of request, patterned after applications for rezoning, variances, etc., which require payment of a set fee at the time of submittal. City Clerk Moist requested approval of a flat fee in the amount of $ for applications to vacate, and in the meanwhile, Staff will revisit the existing fee structure to determine if it needs to be amended. Mayor Schultz moved to establish an application fee requirement in the amount of $250 for requests to vacate easements and rights-of-way, and to authorize Staff to research existing fees for cost comparison. The motion. was seconded by Councilwoman Phillips and passed unanimously (7). D. City Manager Reports Grant Funding for Old City Hall The Council was encouraged to approach legislators relating to the need to include this grant funding in the State Budget. Authorization to Negotiate for Potential Development of old Rinker/Portland Cement

6 Page 6 of 8 Property There is a potential user for the property previously owned by Portland Cement/Rinker Materials, which will provide jobs in the manufacturing industry. This site has remained vacant for many years since the departure of Rinker Materials, and City Manager McKnight requested authorization to allow him to negotiate with the current owners, REDI, LLC (Dr. Ben Kohn and David Houser), toward an amenable agreement involving the activation of the site and the associated private railway crossing that exists there. When questioned about reinstituting City Manager McKnight s authorization to negotiate with Dr. Kohn and Mr. Houser, when it was previously prohibited by action of the City Council, City Attorney Miniclier responded that Dr. Kohn is again practicing medicine in Ohio and the firm is represented by Attorney Gordon Stumpy Harris. Attorney Harris has laid out some proposals and, while he cannot guarantee control of his clients, is willing to negotiate for a global settlement in connection with the ongoing litigation between the City and REDI, LLC. Councilman Price made a motion to approve the request and authorize City Manager McKnight to participate in negotiations; seconded by Councilman Blake. The motion passed unanimously (7). 12. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS Colleen Stuart, 899 Jefferson Road, addressed the Council as the publicist for the Space Coast Iceplex, who announced that the Iceplex, as the only Olympic-sized facility in Florida, is being considered for an Olympic Speed Skating event in Ms. Stuart related that visitors to the Iceplex feel that the facility is difficult to locate due to the absence of directional signs. In a letter accompanied by photo images that she distributed to the Council, Ms. Stuart stated that the facility does not qualify, for one reason or another, to get interstate signage on I-95, and is planning to contact FDOT about signage on Fiske Boulevard and U.S. 1. Her proposal to the City Council is that a drop-down sign with the words Ice Arena and a directional arrow be installed under the Gus Hipp Boulevard sign on Murrell Road. Use of the words Ice Arena is merely directional and not a means of advertising. Following brief discussion, Councilman Price made a motion to approve the request and install the signage as soon as possible; seconded by Councilman Blake. Councilman Smith requested that future consideration be given to directional signage to City Hall from U.S. 1 and Fiske Boulevard. The motion carried by unanimous vote (7). Dan Russell, 4267 Ventana Boulevard, who is relocating to Plantation Point, addressed the Council on behalf of the property owners in Plantation Point who object to the connector road installation between Plantation Point and Wingate Estates in Viera. He requested placement on the agenda to prompt formal action by the City Council to delete the connection or perhaps take the barrier approach that was used in Ventana Subdivision. City Manager McKnight advised Mr. Russell to submit a letter of request with any support documentation to City Hall at least one week prior to the meeting for placement on the agenda. Mr. Russell stated that the road is currently closed off for construction purposes, and requested that it remain closed until the matter is resolved. City Attorney Miniclier stated that by virtue of plat recording, the road is already

7 Page 7 of 8 dedicated to public use. Mr. Russell reported that the builders/developers are not revealing the existence of the connector road to potential buyers and the roadway does not appear on any official plat map records, and he shared his copy of plats both from the developer and the Brevard County Clerk of Court., neither of which indicate a connector road. City Manager McKnight provided a history of events that resulted in the elimination of Lot 64 of Plantation Point at the request of the developer in order to provide access between the two subdivisions. This prompted discussion on why the recorded plat map does not indicate the elimination of Lot 64 as a roadway, and it was explained by City Attorney Miniclier that the original plat recorded included Lot 64, and modifications to plats are made by separate documents. The face of the original plat is not altered, but one must search for the existence of related documents. City Attorney Miniclier went on to say that the developer s rendition of the plat is incorrect, the developer knows it is incorrect, but, unfortunately, continues to use it. Mayor Schultz noted that the City Council approved the elimination of Lot 64 for roadway purposes in conjunction with Viera s development, and queried what legal ramifications the Council can expect if the roadway is eliminated. City Attorney Miniclier responded that once the right-of-way is dedicated for public use, the City Council can vacate the right-of-way, following research by Staff. Mayor Schultz made a motion that Staff proceed to gather all information, analyses, documentation, etc., for submittal to the City Council, and in the meanwhile, continue to block the roadway with construction barriers until an informed decision has been made. The motion was seconded by Councilman Blake and passed unanimously (7). Mayor Schultz requested that Staff keep the Plantation Point homeowners informed as progress continues. William Ritter, 4119 Orion Way, representing the Ventana Owners Association, expressed thanks to the Council for the barriers installed on San Ysidro and San Miguel.

8 Page 8 of REPORTS Mayor Schultz reminded that he is accepting completed performance evaluation forms for the City Attorney and City Auditor; he will report on the results at the next meeting. Councilwoman Phillips advised that the registration application for the FLC Conference is posted on its website, and completed forms should be given to Rene LaMarr in the Clerk s Office. 14. ADJOURN Councilwoman Phillips referred to the Brevard County Charter Review Commission s recent activities and reported several issues that negatively impact the municipalities, such as annexation, density and growth issues, and more. She will keep everyone apprised of the Committee s meeting dates in order that objections can be made in person by members of the Council, as well as City Staff. There being no further business to come before the Council, Chairman Moore declared the meeting to be adjourned with peace, good order, and good morale at 8:07 p.m. Council Chairman ATTEST: City Clerk