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HomeMy WebLinkAboutMinutes 08-02-2010 RegularCITY COUNCIL REGULAR MEETING LIBRARY MEETING ROOM 201 POLK AVENUE, CAPE CANAVERAL, FLORIDA MONDAY AUGUST 2, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:09 P.M. and led the pledge of allegiance to the flag. 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 Co City Manager David L. Greene Assistant City Attorney Kate Latorre Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Cmdr. Alan Moros Fire Chief Dave Sargeant Assistant Fire Chief John Cunningham City Clerk Angela Apperson REPORTS: Mayor Randels noted Assistant City Attorney Latorre has been selected as a Rising Star by Florida Super Lawyers. Ms. Latorre explained she was nominated by her peers and expressed appreciation to everyone. Business & Cultural Development Board Report: No report. City Attorney: No report AUDIENCE TO BE HEARD: City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2010 Page 2 of 4 On behalf of the United States Census Bureau, City Clerk Apperson presented Mayor Randels with a plaque of appreciation for his work in this year's Census. Mayor Randels expressed his appreciation and noted Building Inspector Mike Richart's hard work on the program as well. CONSENT AGENDA: 1. Approve Minutes for Regular City Council Meetings of April 20, 2010 and July 20, 2010. 2. Approve Change Order No. 2 from Brewer Paving & Development, Inc. for the Ridgewood Avenue Improvements Project in the amount of $52,649.36 3. Approve the use of $5,971.92 in reserve funds to purchase materials for the rebuilding of the Madison Avenue Beach Crossover in FY2009 -2010 4. Approve the use of reserve funds for construction of a sidewalk and stormwater improvements along the eastern side of North Atlantic Avenue from Shorewood Drive to Port Canaveral in the amount of $20,590.00 to Atlantic Development of Cocoa, Inc. Mayor Randels inquired if any items are to be removed from the Consent Agenda. Mr. Leo Nicholas asked for item number four to be removed for discussion. A motion was made by Mr. Petsos and seconded by Ms. Walsh, to approve Consent Agenda Item Nos. one through three. 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. #4 — Mr. Nicholas expressed concern that N. Atlantic Avenue would be done on a piece meal basis. He urged for an overall plan to be developed to ensure the drainage portion of the work fits into the Stormwater Plan. He recognized the need for a sidewalk in this area; however was hesitant to move forward without an overall plan. Discussion ensued and included: money previously allocated by Brevard County for work in this area; that this is the only section of N. Atlantic Avenue that does not have a sidewalk on both sides of the road; the previous renderings for improvement of N. Atlantic Avenue; to ensure the work done now would not be torn out at a later date; that funds for this project should be taken from the stormwater fund as well as general funds; the need to have a sidewalk to make this area safer; whether Transportation Impact Fees are available for this work; whether money is available from Towne Development from when they built Solana Shores, Solana Lakes, and Cape Caribe; to have a workshop meeting to further discuss the overall improvements to N. Atlantic Avenue; and the prior requests from Council Members for the installation of this sidewalk. A motion was made by Mr. Petsos and seconded by Mr. Hoog, to approve this project and have staff ensure funding is being taken from the correct fund. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2010 Page 3 of 4 Roberts, For and Ms. Walsh, For. Council Member Roberts also complimented Staff for having the minutes from the last meeting completed. ORDINANCE: First Public Hearing: 5. Motion to Approve: Ordinance No.08 -2010, Adopting Amendments to the Cape Canaveral Comprehensive Plan Based on the Evaluation and Appraisal Report ( "EAR "); Providing for the Repeal of Inconsistent Ordinances and Resolutions, Incorporation in the Comprehensive Plan; Legal Status of the Comprehensive Plan Amendments: Severability, and an Effective Date, at First Reading Attorney Latorre read the title of the ordinance into the record. Mr. Brown explained the history of this item; the actions of the Planning and Zoning Board and answered questions of the City Council. Mr. Brown indicated an approval of first reading will transmit the amendments to the Florida Department of Community Affairs for review and comments prior to the final hearing. A motion was made by Mr. Petsos and seconded by Mr. Hoog, to approve Ordinance 08 -2010 on first reading. Discussion included plans for implementation of the amendments and the need to amend the City Code to correct any items that are inconsistent with the amendments to the Comprehensive Plan within 18 months of the final adoption of the Ordinance. 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. 6. Motion to Approve: Ordinance No. 09 -2010, Providing for a referendum election and ballot language for the November 2, 2010 General Election or Election scheduled thereafter; providing for referendum questions proposing the adoption of a new, updated City Charter; and proposing amendments to Articles III, and XIV revising charter sections regarding Mayor and Council Member term limits and contracting for Fire Protection Services; providing for a notice of City of Cape Canaveral Charter Referendum questions; providing for coordination with the Supervisor of Elections; providing for severability, and an effective date: Attorney Latorre read the title of the ordinance into the record. She noted the need to make amendments to the ordinance to be consistent with the consensus reached at the workshop, which immediately preceded this meeting. A motion was made by Ms. Roberts and seconded by Mr. Petsos for approval of Ordinance No. 09 -2010 as correctly reworded. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 7. Binding Development Agreement for 6395 N. Atlantic Avenue. owned by Banana River LP : Responding to the Mayor's question, Attorney Latorre indicated the title of the agreement could be amended to be Compliance Agreement or Code Enforcement Compliance Agreement. Mr. Hoog read a prepared statement into the record, which noted his objections to having this item before Council at this time. Motion by Mr. Hoog, seconded by Ms. Walsh, that we do not hear this tonight based upon what I City of Cape Canaveral, Florida City Council Regular Meeting August 2, 2010 Page 4 of 4 have said tonight. Discussion included the need to have Development Agreements reviewed by the P& Z, Section 110 -422 of the Code of Ordinances; the established Lien Release Procedure; a Letter from Engineer Clifton L. Gurr; the actions taken to contact the Bankruptcy Court; prior conversations to allow the property owner to continue with repairs despite the City's request to the Court for demolition; that entering into this agreement would be in direct opposition to the action filed with the Bankruptcy Court last week; the intention of the property owner was to submit the document for staff's consideration. Mr. Pindziak read a prepared statement into the record, which gave the Council his opinions on the issues. Mr. Hoog and Ms. Walsh withdrew their motion. Discussion continued and included the prior action of the Council; that 30 days have elapsed since the prior discussion and Council Members had hoped to see some contractors out there working; and the property owner's desire to have some assurances that if work began the building wouldn't be demolished. A consensus was reached to cease discussion on this item and move to Council Reports. REPORTS: 8. Council: Council Member Roberts: • Noted Mac McLouth will be making a presentation at the next meeting regarding the Port. • Noted a courtesy meeting between Mr. Greene and Mr. Payne from the Port has been scheduled. • Noted the Port Commission's action to adopt a Resolution in support of having an Orbitor remain at the Kennedy Space Center after the Shuttle program stops. Mr. Petsos asked Mr. Hoog if the Resolution could be taken to the Space Coast League of Cities asking for all cities to do the same. Mr. Hoog indicated he would do so. Staff is to place the Resolution on a future agenda for consideration by the City Council. Mayor Randels • Noted a motion to adjourn requires a second and is not debatable. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:54 P.M. Angela M. Apperson, CMC, City Clerk Rocky Randels , MAYOR