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HomeMy WebLinkAboutMinutes 07-06-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY July 6, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:04 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present City Manager David L. Greene City Clerk Angela Apperson Assistant City Attorney Kate Latorre Planning & Development Director Barry Brown Building Official Todd Morley Assistant Fire Chief John Cunningham Sheriffs Department Commander Alan Moros Sheriffs Department Lieutenant Alex Herrera PRESENTATIONS: City of Cape Canaveral Quarterly Beautification Awards The City presented Doug and Joyce Wilson, 210 Holman Road, with the Spring 2010 Quarterly Beautification Award and Ace Hardware, 8200 Astronaut Boulevard, with the Summer 2010 Quarterly Beautification Award. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 2 of 5 Brevard County Sheriffs Office Commander Alan Moros introduced the new Cape Canaveral Precinct Lieutenant, Alex Herrera. The Council welcomed Lieutenant Herrera to the City. REPORTS: City Manager David L. Greene and Mayor Rocky Randels noted the benefits of the weekly reports. Community Development Department Building Official Todd Morley reported the progress on the former Azteca Restaurant, 6395 N. Atlantic Avenue. Discussion ensued and included sealing the roof of the building, bankruptcy proceedings, the bank not willing to pay for demolition, a statement made by one of the owners indicating recent events have led him to want to "mothball" the building rather than demolish it, code enforcement classifying the building as an "unsafe structure" which requires the building be repaired or demolished, and that the City must go through Bankruptcy Court if it wishes to request demolition of the building. A motion was made by Mr. Hoog for Staff to ask the courts if we can demolish the building. No second was received. Discussion continued and included the estimated costs for demolishing the property and the possible timeline for progressing on this issue. A motion was made by Mr. Hoog to have the City Attorney investigate the possibilities of the City tearing the building down; fronting the money, building pad and parking lot and seeding it just like the IBM Building and come back to Council and if this is possible, the City will move forward. No second was received. Discussion continued. Mr. Petsos suggested an amendment to the motion to include allowing the owners the option of pulling a permit to put a true roof on. Mr. Hoog restated his previous motion and indicated he agreed to Mr. Petsos' amendment. No second was received. Discussion continued. Mayor Randels asked if Mr. Hoog would agree to be the maker of the motion to go on a one horse course (pursuing demolition) with the understanding that the owner of the building always has the option to come in and make his play. Mr. Hoog agreed and Mr. Randels seconded. The discussion moved to the Code Board Order and how the owner comes into compliance, the need to pursue a court order for demolition, permits for repairing the building, whether to include the property owner's rights to repair the building as a part of the motion and inquiring as to whether a solid timeframe for required repairs can be put in place. Ms. Walsh called the questions. The City Clerk restated the motion as follows: Motion by Mr. Hoog, seconded by Mr. Randels, to have the City Attorney move forward with a petition to the court for demolition. Discussion continued and included the possible value in keeping the structure intact as it stands. The motion as amended carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 3 of 5 Business & Cultural Development Board Board Member Dianne Marcum reported on the Board's efforts to help local businesses through a partnership with the Cocoa Beach Area Chamber of Commerce and the City. She noted the July 19 Business Meet & Greet and invited Elected Officials to attend. AUDIENCE TO BE HEARD: Ms. Marcum expressed her desire for the Beautification Awards to place an emphasis on environmentally - friendly, native landscaping and expressed concerns that the City is being linked to sponsorship for the Jeannie -Day event, which is not sponsored by the City itself. She urged for the City to develop a clear policy in using the City's name. CONSENT AGENDA: 1. Approve Contract Addendum with Brewer Paving and Development, Inc. — Ridgewood Improvements Project 2. Approve 2010 -2011 School Resource Officer Contract with the City of Cocoa Beach, Florida 3. Approve a letter to the Space Coast Transportation Planning Organization (TPO) regarding the 2010 Request for State and Federal Transportation Funding and authorize the Mayor to execute the same A motion was made by Mr. Hoog, seconded by Mayor Pro Tem Petsos, to approve Consent Agenda items one and two. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Item number three Mayor Pro Tem Petsos noted his objections to the letter in regards to how the curbs and gutters are mentioned. Discussion ensued and included speed limit, cost, and stormwater issues related to the curbs and gutters. A motion was made by Mayor Pro Tem Petsos, seconded by Ms. Roberts, to approve the letter, but omitting everything after "sustainable community." The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: 4. Motion to Approve: Ordinance No. 06 -2010, Allowing Commercial Parking Facilities as a Special Exception Use in C -1, C -2, and M -1 Zoning Districts; Incorporation into the Code: Severabilitv: and an Effective Date. at First Readina: Planning and Development Director Barry Brown explained the request to amend the City Code and reviewed the steps taken. Assistant City Attorney Kate Latorre read the City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 4 of 5 title of the Ordinance into the record. Discussion ensued and included the creation process of an Ordinance, fees related to the Ordinance, and the Planning & Zoning (P &Z) Board recommending, 4 -1, against the Ordinance. A motion was made by Mr. Hoog to table this item until the application process is complete. Motion was later withdrawn. Discussion continued and included the desires of the Vision Committee, reasons why the P &Z Board recommended against the Ordinance, and the possibility of holding a Workshop Meeting to further discuss the issue. A motion was made by Mr. Hoog, seconded by Ms. Roberts, to table this issue until the next City Council Meeting. The motion was defeated 3 -2 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, Against. A motion was made by Mayor Pro Tem Petsos, seconded by Ms. Walsh, to deny Ordinance 06 -2010 on first reading. The motion carried unanimously 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. CONSIDERATION /DISCUSSION: 5. Discussion of Proposed EAR Based Amendments to the Intergovernmental Coordination and Housing Elements of the Comprehensive Plan Planning and Development Director Barry Brown discussed the status of the Evaluation and Appraisal Report (EAR) Based Amendments, the upcoming first reading of the related Ordinance, and opened the issue to Council for any questions or direction. Discussion ensued and I GO included whether the City wants to commit to wording that would require creating a Community Redevelopment Agency (CRA), the benefits of creating a CRA, possible changes to how funds can be used in the City if a CRA is established, explanation of a " Mainstreet Program ", the City having no current need for a Mainstreet Program, a "Town Center' plan being more relevant to the City's needs, whether reviews of the Plans will be on a quarterly or annual basis, possible changes to the City's procedures for planning and meetings to move forward with credibility and trust, adhering to a timeline, possible conflicts between the Port and their Comprehensive Plan, and developing better informal relationships with neighboring areas. No action was taken. 6 Discussion of Pain Management Clinic Regulation Mr. Hoog discussed a request that was initiated by the City of Satellite Beach for each city in the Brevard League of Cities to adopt an ordinance to regulate Pain Management Clinics. Discussion centered on the Satellite Beach ordinance and how it could be modified and adapted for the City of Cape Canaveral. Council reached consensus for the City Attorney's office to draft an ordinance for future consideration. 7. Discussion of Red Light Cameras Ms. Roberts explained her reasons for bringing this issue up for discussion. Commander Moros presented data regarding red light running, showing that the City has not had any significant crashes caused by red light running and the number of red light runners at specific intersections in the City. Discussion Aap included the revenue split between the State and the City, the safety justifications for the cameras, and a red light camera at Fisher Road in Cocoa Beach catching 935 violations City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2010 Page 5 of 5 over a three month period. Council reached consensus for Staff to investigate the feasibility and costs associated with establishing red light cameras in the City. COUNCIL REPORTS: Ms. Walsh noted the Rip Tide Current Warning Signs at the beach crossovers, where they come from, and how they could be acquired by the owners of the non - public beach crossovers for safety reasons. Mr. Ratliff stated that he would investigate this issue. Ms. Roberts reported on the success of the Hands Across the Sand event, the Best Ideas session in Orlando which presented ways a city can improve itself with Federal money, a presentation by Sands Casino regarding a casino at the Port and a light -rail line between Orlando and the Port, a State of the Port Address being presented at a future Council Meeting, and Cape Canaveral being part of the "Port Village" concept for cruise ship passengers having a "day visit" in the area. Mr. Hoog requested an update on the Harbor Heights Stormwater easement. Assistant City Attorney Latorre reported that negotiations are ongoing with the property owners' attorneys. Mr. Hoog asked her to remind them that hurricane season is approaching. Mayor Randels discussed Ray Osborne's Jeannie -Day flyer, noting that nowhere does it mention the City as officially linked with the event, the look -a -like contest, monetary donations being put in the Historical Marker project fund, the upcoming visit from the Blood Bank, and two event promoters who want to hang banners advertising the events on the City's poles. Council reached consensus that there would be no opposition to the banners so long as the costs for installing them are paid for by the promoters. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:53 P.M. Rocky Randels , MAYOR Angela M. Apperson, CMC, City Clerk