The URL can be used to link to this page

Home My WebLink AboutMinutes 09-21-2004 Regular 1 y d y 3 4 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 21, 2004 7:00 PM i MINUTES 1 d CALL TO ORDER: i PLEDGE OF ALLEGIANCE: 1 I ROLL CALL: i 1 Council Members Present: i Mayor Pro Tem Bob Hoog I Council Member Jim Morgan I Mayor Rocky Randels Council Member Richard Treverton i s Council Member Absent: I Council Member Steve Miller 1 Others Present: i City Manager Bennett Boucher Assistant City Attomey Jeff Buak 1 City Clerk Susan Stills 1 City Treasurer Andrea Bowers Public Works Director Ed Gardulski Building Official Todd Morley BOARD INTERVIEWS: Planning & Zoning Board 1 Shawn Schaffner, g g I Mayor Randels informed that Mr. Schaffner submitted a letter stating that he was prepared for the previous meeting on September 7 however, he was unavailable for this evening's interview. I i i C 1 1 1 1 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting j September 21, 2004 Page 2 of 7 ,, c Donald Dunn, Planning & Zoning Board Mr. Donald J. Dunn stated his address as 8702 Hibiscus Court, Cape Canaveral. He informed that his experience and background is with the Federal Aviation Administration. He has since worked in security with the Canaveral Port Authority. Mr. Dunn stated that his appointed Board had not met up to that time and he expressed his interest in serving on the Planning and Zoning Board. Attorney Buak informed Mr. Dunn that he would need to resign from the Construction Board of Adjustments and Appeals. Mr. Dunn replied that he regularly attended the Planning and Zoning Board meetings as well as the City Council meetings. Mr. Dunn stated that the information on his application was true and correct to the best of his ability. Mayor Randels thanked him for his interest in serving on the Board. s Alice Filteau, Planning & Zoning Board 1 Ms. Filteau replied to Attorney Buak that she currently serves on the Code Enforcement I Board. She stated her address as 8112 Presidential Court, Cape Canaveral. Ms. Filteau informed that she has a Master's Degree in Regional Planning and she previously worked for Pasco County. She expressed the she would like to participate in redevelopment issues that may come up in Cape Canaveral's future. Ms. Filteau replied to Attomey Buak that she has an ongoing interest in planning and in the community. He informed Ms. Filteau that she would need to resign from the Code Enforcement Board. She replied that c she had no conflict with the meeting nights. Mayor Pro Tem Hoog suggested that Council use the submitted date of applications to decide on how to appoint the applicants. He stated Ms. Filteau for the First Alternate position and Mr. Dunn for the Second Alternate position as was the order of submitted of applications. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Appoint Ms. Alice Filteau in the First Alternate position and Mr. Dunn in the Second Alternate position. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSENT AGENDA: 1 City Council Regular Meeting Minutes of August 17, 2004. i 2. Resolution No 2004 -27; Reappointing Three Regular Members to the Planning and Zoning Board (L. Nicholas, R. Russell, J. Fredrickson). 3. Resolution No 2004 -30; Reappointing One Regular Member to the Code Enforcement Board (J. Ratliff). 4. Resolution No. 2004 -31; Reappointing Three Regular Members to the Library Board (T. Grady, J. Brown and J. Atwood). 1 i 1 1 i 1 1 City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 3 of 7 1 C 5. Resolution No 2004 -32; Reappointing Three Regular Members to the Recreation Board (H. Renshaw, B. Gorham, C. Trautman). Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. i Mayor Randels read from the City Attorney's response to the City Clerk's Resign to Run question as it applied to Mr. Leo Nicholas seeking a City Council seat. Attomey Buak summarized the opinion statement that appointed City Board Members did not need resign to run for City Council in that they are not paid for their services. Attorney Buak replied to Mayor Pro Tem Hoog that the most recent change to State Statutes on this law was dated in the year 2000. i No request was made to remove any items for discussion. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 5. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For CONSIDERATIONS: } i C 6. Motion to Approve: St. Johns River Water Management District Cost Share Agreement. Mr. Boucher clarified that this action would administer the check that Ms. Marguerita ; Engel of St. Johns River Water Management District presented to the City at a previous meeting. A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the St. Johns River Water Management District Cost Share Agreement for $75,000. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem i Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For 1 7. Motion to Approve: Manatee Sanctuary Park Facility Policy and Fees. 4 Ms. Hanson explained that this action would set fair and equitable guidelines for the Park facilities use Mayor Pro Tem Hoog asked how parties would be notified of park use Ms. Hanson replied that there is a Bulletin Board at the Park kiosk in order to post notices. She requested that the time schedule for Park use be amended to read "dark to dawn" and not dusk to dawn in order to accommodate use throughout the twilight hours. Attorney Buak stated that the City Attorney's office would draft amended language on the park hours. I `I 1 i 1 a City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 4 of 7 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Manatee Sanctuary Park Facility Policy and Fees. The vote on the 1 motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. i 8. Motion to Approve: Design Engineering Proposal to Extend the Reuse Water Distribution System. Mr. Gardulski replied to Mayor Pro Tem Hoog that the extension plan would complete the streets on the project list. There was no further discussion. 1 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Design Engineering Proposal to Extend the Reuse Water Distribution System. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. I 9. Motion to Approve: Continuing Contract for Traffic Engineering Consulting Services. Mayor Randels summarized that of the eight Requests for Proposal sent, seven proposals were submitted and Luke Transportation was chosen as the Continuing } Contract for Traffic Engineering Consulting Services. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Continuing Contract for Traffic Engineering Consulting Services. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: Second Public Hearing: 10. Motion to Approve: Ordinance No. 17 -2004; Amending Chapter 26, Elections; Exempting the City from the Provisions of Section 101.657, Florida Statutes, Regarding Early Voting by Creating a New Section 26-5 Entitled "Early Voting Exemption ", at second reading. 11. Motion to Approve: Ordinance No 18 -2004; Amending Chapter 2, Article V, Entitled Finance; Establishing a New Section 2-207, Entitled Personal Property Control, at second reading. Mr. Boucher informed that due to the recent hurricane the ordinances were published for the September 7 meeting only The Chair stated that Ordinance No. 17 -2004 and Ordinance No. 18 -2004 would be 1 c postponed until the next regularly scheduled City Council meeting on October 5 in order to meet the 10-day legal advertisement notification requirement. i 1 i 1 City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 5 of 7 1 Ire ORDINANCES: First Public Hearing: 12. Motion to Approve: Ordinance No. 15 -2004; Amending Chapter 110, Zoning Section 110 -1, Definitions, Adding Definitions for Accessory and Yard Accessories, and Amending Definition for Structure, at first reading. i Mayor Randels explained that the Planning and Zoning Board was tasked to provide a definition for a canopy. Ms. Bea McNeely replied that there was also need for a clearer j definition of accessory structures. Mayor Randels informed that structures included tents, lunch wagons, dining carts, camp carts or other structures on wheels. Mayor Pro Tem Hoog expressed that a tent did not constitute a structure. Mr. Morley stated that he desired one definition to cover both buildings and structures; however, he preferred one that reflected what is written in the Florida Building Code. Discussion followed on the interpretation of a structure as reflected in the proposed ordinance's language. Council re - submitted Ordinance No. 15 -2004 back to Staff for further review. RESOLUTIONS: 13. Motion to Adopt: Resolution No. 2004 -24; Adopting Planning and Zoning Board Rules and Procedures Supplemental to the Uniform Board Rules and ",, C Procedures Pursuant to Section 2 -171 of the City Code. j Ms. Bea McNeely explained how the Planning and Zoning Board might desire to hold a Special Meeting and language was included to accommodate meetings held at other locations. She stated that in the past ex- officio members were allowed in the by -laws and the Board desired to have the Council appoint ex- officio members under the Uniform Board Ordinance. Attorney Buak explained that Resolution No. 2004 -24 should actually be numbered No 2004 -1 in that it allows supplemental procedures for the Planning and Zoning Board. He clarified that Council's only action is agreement or denial of these rules on the Board's meeting location. Council by majority agreed on supplemental language for meeting locations. The City Attorney would draft a subsequent Ordinance to amend Chapter 2 relating to the Uniform Board Ordinance to establish a provision for Ex- ] Officio Members. No official action taken on Item No 13. 14. Motion to Adopt Resolution No 2004 -28; Vacating a (12) Foot Wide Easement Under the United Space Alliance Building Located at 8550 1 Astronaut Blvd. i Mayor Randels explained how correction was needed for a vacant easement under the United Space Alliance Building. Mr. Gardulski replied to Mayor Pro Tem Hoog that the easement did not extend to the Wendy's property but ceased at the canal. The Public '' fir► Works Director stated that he found no evidence of a recorded easement in the City I I R City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 6 of 7 i Clerk's office. Mayor Randels concluded that in order to provide the existing business a clear title, Council needed an action to vacate the 12 -foot easement. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004 -28; Vacating a (12) Foot Wide Easement Under the United Space Alliance Building Located at 8550 Astronaut Blvd. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For I REPORTS: 1. City Manager 1 • Mr. Boucher reported that he and the City Treasurer met with the Federal Emergency Management Agency representative in order to establish the storm - related covered items. He informed that the Agency did not provide for storm debris removal in private subdivisions. 1 2. Staff City Attorney • Attomey Buak reported that Mr. Frederick Burgett filed a motion to challenge the proposed Annexation ordinance. The City Attomey would continue to monitor this issue. ,, c AUDIENCE TO BE HEARD: • Mr. Leo Nicholas expressed his gratitude for the recovery efforts made subsequent to 1 the hurricane. • Mr. Nicholas questioned why only the roof repair fee was waived. Mayor Randels replied that the action was taken during an Emergency Council Meeting as a life safety issue. Mr. Morgan expressed that no fees should be applied on any storm - related repairs. Mr. Boucher replied that the County extended the fee waiver for roofs, doors and windows and the City could follow that example. ADD -ON ITEM: A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton for an Add -On Item to the Meeting Agenda. The vote on the motion for an Add -On Item carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For Discussion continued on how to identify if the damage were hurricane related. Mr. Morley t explained that the waiver is for the fees only and stated that permits were still required. He also stated that a time certain was necessary on the waiver. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Waive the City Permit Fees to a Time Certain of Tuesday, November 16, 2004 for Any Storm - Related I C Damage Related to Recent Hurricanes Retroactive to September 6, 2004. The vote on the i 1 t City of Cape Canaveral, Florida City Council Regular Meeting 4, September 21, 2004 Page 7 of 7 C., , motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For, ��9 Y r9 Mayor Randels, For and Mr. Treverton, For. f 3. City Council i No reports were submitted. ` ti ADJOURNMENT: 4 There being no f" er business, the Chair adjoumed the meeting at 8:34 P.M. { :. 3 6 (.......„..Qa.Cil -.0 C.l. a `� �" Rocky Rande , MAYOR t r , y Susan ' ' 00 t i a riw i i I I 3 1 g : 3 I I t I P i" i e i , d i C., 1 1 i i , , 3 , i 1