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HomeMy WebLinkAboutMinutes 04-15-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 15, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Council Member Bob Hoog Council Member Jim Morgan Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Public Works Director Ed Gardulski Fire Chief Dave Sargeant PRESENTATIONS: Spring Beautification Awards Ms. Mary Jo Laws presented the award to the winners of the Single Family Beautification Award, James and Carol Rhinehart of 252 E. Central Blvd. Mr. Leo Nicholas and members of the Beautification Board requested to address to the Council on a matter of concern. Mr. Nicholas expressed the Board's overall disfavor with the entrance sign that the Canaveral Port Authority gave to the City. Mr. Nicholas also expressed concern with the excessive cost of the design build concept from Stottler, Stagg and Associates. On behalf of the Board he requested the Council's direction. Mayor Randels replied that funds were still available from the Bennix funds for further landscaping of the City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 2 City Mayor sign. or Randels also distributed a report from the City Manager to provide Y additional data. Mr. Nicholas stated that if the sign is cost prohibitive due to the waterfall concept, then the Board would agree to forego the waterfall. Mayor Pro Tem Petsos expressed that he received positive comments on the existing sign. Mayor Randels concluded to present the issue as an agenda item at a subsequent meeting. Mr. Morgan requested again to know the footer on the existing sign. Mr. Boucher replied that the Public Works Director has data within the as -built concept. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 18, 2003. 2. Lifeguard Services Contract with Brevard County i 9 Yn the amount of � $10,244.00. 3. Bid Award #03 -01; Fertilization, Insect, Disease and Weed Control of Turf Areas. 4. Proclamation for Space Congress Week. 5. Proclamation for Municipal Clerks Week. C r, 6. Proclamation for the Florida Association of City Clerks' 30 Anniversary. 7. Proclamation for Arbor Day. 8. Resolution No 2003 -12; Reappointing a Regular Member to the Community Appearance Board, (Randy Camomilli). 9. Easement Agreement with Christ Lutheran Church of Cape Canaveral. 10. Easement Agreement with Jean Jones Porter. Mayor Randels asked if any Council members, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove any item for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Items No. 1 through 10. The vote on the motion carried 5- 0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. c City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 3 CONSIDERATIONS: 11. First Modification to Settlement Agreement with Blarney 67, Inc. Mayor Randels reviewed the amendments to the agreement. Mr. Glen Duffy, General Contractor, polled the Council for questions. Mayor Pro Tem Petsos inquired about the proposed elevation and if it included a berm. Mr. Duffy located the proposed berm and stated that the elevation map places the dirt at three feet, four feet at the highest point. Mayor Randels explained that this concept is planned for the Intersection of Thurm and Astronaut Blvds. Mr. Duffy said that a drainage permit from St. John's River Water Management is the only lacking component and five -foot wide sidewalks are also proposed. Mr. Treverton questioned Paragraph 2.2 in that Blamey 67, Inc. will remove the sign on the building. Mr. Duffy affirmed that the sign at the intersection comer and the large backlit sign on the roof would be removed. He stated that the two entrance signs would remain. Mayor Pro Tem Petsos asked if there were any success with the Radisson property working along with this project. Mr. Duffy replied that Mr. Baugher would need to acquire permitting first. Mayor Pro Tem Petsos stated that he would request for the City to implement Ordinance No 08 -2003 and proceed with a sidewalk for a contiguous project. Mr. Nicholas asked if the agreement set forth that no signs would replace the signs being removed. Mr. Duffy affirmed and for the record, Attorney Garganese stated that Paragraph 2.2 outlines the provisions for what signage is allowable. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to proceed with the First Modifications to the Settlement Agreement with Blarney 67, Inc. The vote on the motion carried 5 -0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 12. Motion to Adopt: Ordinance 09 -2003; Amending Section 110 -171; Providing { for Filing Requirements; Providing for the clarification of Code Requirements. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110- 171 OF THE CITY CODE; PROVIDING FOR FILING REQUIREMENTS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Garganese stated that this ordinance addresses the proposed change to scale { only A subsequent ordinance will address the affidavit and the 51 percent rule as well as an additional change that addresses the distance requirement between alcoholic beverage establishments and churches. c { City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 4 A motion was made by Mr. Treverton and seconded by Mr. Hoog to Approve Ordinance No. 09 -2003 at first reading. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 13. Motion to Adopt: Ordinance No 03-2003: Amending Chapter 110 of the Code of Ordinances; Providing for Off - Street Parking Space Allocations within the C -2 Zoning District; Providing for Density and Height Requirements for Landscaping, Screening, Fencing, Walls and Hedges within the C -2 Zoning District; Providing for the Removal of Maximum Height Restrictions for Landscaping, Hedges and Vegetation Screening, for second reading. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR OFF - STREET PARKING SPACE ALLOCATIONS WITHIN THE C -2 ZONING DISTRICT; PROVIDING FOR DENSITY AND HEIGHT REQUIREMENTS FOR LANDSCAPING, SCREENING FENCING, WALLS AND HEDGES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to Approve Ordinance No 03-2003 for discussion. Mayor Pro Tem Petsos questioned Paragraph (7) on Page 3 of 5 on the language, "except that hedges shall be comprised of 1 trees." Discussion followed on clarifying the landscape definitions for hedge or tree. Mr. Boucher pointed out that certain trees planted by the City might be in violation of the new ordinance. Mayor Pro Tem Petsos explained that if hedge plantings were maintained as trees, then the plantings would not create the intended buffer. Attorney Garganese stated that this ordinance refers to Chapter 102 that defines landscaping. He stated that the City's plantings were in compliance according to the existing ordinance. Discussion followed on the overall intent of screening. Mr. Morgan pointed out that commercial areas out of compliance with screening originated this ordinance and somehow discussion has strayed from the original intent. Attorney Garganese stated that Council would need to define the ordinance's language. Council members determined to set specific zoning boundaries within the ordinance. Attorney Garganese stated that the current ordinance restricts plant height to six feet. Mr. Boucher pointed out that a residential property allowed in a commercial area would need to adhere to the same buffer requirements as commercial zoning. Ms. McNeely clarified the intended goal to screen between the commercial and the residential area. Mr. Hoog emphasized the importance of screening if commercial property should decide to build in a residential area. Attorney Garganese recommended to dismiss with the existing ordinance and re- draft an ordinance with a more clearly stated intent. The ordinance will be revised and returned to the Planning and Zoning Board for review. The vote on the motion failed City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 5 , Cre 5-0 as follows: - Mr. Hoog, Against Mr. Morgan, Against Mayor Pro Tem Petsos, Against; Mayor Randels, Against and Mr. Treverton, Against. 14. Motion to Adopt; Ordinance No. 11-2003; Amending Section 38 -2 Fire Safety Fees, Providing for Independent Plan Review, for second reading. Mayor Randels read Ordinance No. 11 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 38 -2 OF THE CODE OF ORDINANCES, RELATING TO FIRE PERMIT FEES; PROVIDING FOR INDEPENDENT PLAN REVIEW; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that this change originated from the Code Review Workshop on March 18 Chief Sargeant stated that no fees are being amended. However, what was incorporated into the Plans Review process, sending reviews for Fire Sprinkler or Alarm Systems to an Independent Review by the Fire Protection Engineer in Tampa, would pass the cost to the builder. This ordinance formalizes the conveyance of cost. Chief Sargeant stated that Section 3 is new in that the ordinance is filed with the Florida Building Commission and the Florida State Fire Marshall A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No 11-2003. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 15. Motion to Adopt: Ordinance No. 10-2003; Amending Chapter 90, Article II, Providing for the Definition of Base Flood Elevations, for second reading. Mayor Randels read Ordinance No. 10 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO FLOOD DAMAGE PREVENTION BY AMENDING CHAPTER 90, ARTICLE II OF THE CIDE CODE; PROVIDING FOR DEFINITION AND CLARIFICATION OF BASE FLOOD ELEVATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Florida Department of Community Affairs [DCA] found a minor deficiency in the City's code and stated the requirement for a definition of the lowest floor. Mr. Morgan inquired about the new FEMA regulation that may change what this ordinance establishes regarding the height above the crown of the street. The City Manager will research this requirement with DCA. 1 s 6 City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 6 Le 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 2003 for second reading. The vote on the motion carried 5-0 I as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For RESOLUTIONS: 16. Resolution No 2003 -11; Expressing Opposition to Senate Bill 1164 and House BiII 113. Mayor Randels read Resolution No. 2003 -11 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; TRANSMITTING THE RESOLUTION TO THE PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE AND GOVERNOR, SETTING AN EFFECTIVE DATE. Attomey Garganese explained that the Bert Harris Act was adopted by Legislature in 1995 c as a Property Rights Act. It states that if a city adopts a land use regulation that creates an inordinate burden on a property owner for example that reduces the property value, then the City shall compensate the property owner for the devaluation that the City caused. The Legislature is proposing to remove a small provision in the Bert Harris Property Rights Act that states that the Act does not affect a City's right to sovereign immunity. Sovereign immunity caps tort liability that a City might incur to $100- to 200,000. Currently by Statute under tort liability a City is only liable for $200,000 and the only way to acquire more money from a City for tort violation requires addressing the legislator with a claim requiring t the City to pay more than the sovereign immunity cap. The Legislature desires to dispense with that provision in the Bert Harris Property Right Act stating that it does not affect a City's sovereign immunity and therein lay the potential for unlimited damages for torts. i t Attomey Garganese replied to Mr. Morgan that the Bills would take away a City's sovereign immunity on Bert Harris Property's Rights claims. t A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve Resolution No 2003 -11. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For i 1 i Ar- i i 1 q 4 J City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 7 REPORTS: 1. City Manager • Mr. Boucher requested Council's feedback on lobbying for Legislation items and asked if the Council were in favor of the League of Cities position on legislation. Council members expressed to hear input and provide collective feedback. • Mr. Boucher announced the Annual Trash Bash on Saturday, April 19 Reporting sites are the Cape Canaveral Library and Cherie Down Park. • Mr. Boucher asked if Council desired to proceed with a Code Review Workshop. Council agreed to May 6 at 5 P.M. • Mr. Boucher related that Quarterly Reports were distributed providing good data. A Goals Workshop will be scheduled for early May. • Mr. Boucher reported that the draft beach end signs are ready. 1 2. Staff Building Official • Mr. Morley announced that Joy Daine transferred to the Building Department as 4 Secretary. i • Mr. Morley announced that applicants are being recruited for Plans Examiner/ 1 Building Inspector position. 1 lbe City Clerk Ms. Stills reported that the City employee newsletters were distributed. • Ms. Stills requested Council member's participation in the Annual 3 Grade Visit to City Hall on May 8th. A tour is also planned of the Sheriffs office. 1 City Attorney Y • Attomey Garganese provided notice regarding an upcoming issue. The home at s 620 Madison was constructed in the 1970's in violation of City setbacks. The new owner would like to refurbish the property and the City is left with a non - conforming structure and an existing code provision that might leave harsh i consequences. The City Manager, City Attomey and the Building Official looked over the property and decided that a development agreement would permit the property owner to refurbish. However, if the property were destroyed, any future I structures would need to comply with the setback requirements. Mr. Morgan expressed that the City was a party by reason of issuing a permit. Mr. Boucher stated that the previous property owner willfully created the violation. Each Council member will discuss this matter at length with the City Manager and the Building Official. , c 1 I 1 City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 8 C AUDIENCE TO BE HEARD: • Mr. Nicholas inquired about Arbor Day. Mayor Pro Tem Petsos plans to attend on Friday, April 25 • Mr. Nicholas questioned the League of Cities position on communication towers legislation. Mayor Pro Tem Petsos noted that the League distributes a position paper each Friday and also uses E -mail to disseminate real time information. • Ms. Shannon Roberts related that Solana Shores is inquiring about the supermarket location. Mr. Boucher replied that the Old Pantry Pride location is under consideration. • Ms. Roberts reported on three presentations that might be of interest to the Council: a visit from the Kennedy Space Center Director, the International Space Research Park and the 50 -Year Master Plan for the Space Port. • Ms. Roberts also inquired about the Shuttle Orbiter status. The City Manager is following up on this project. 3. City Council Mr. Morgan • No report. Mr. Hoog • Mr. Hoog distributed an information booklet from the League of Women Voters. • Mr. Hoog reported on Bob Kamm' of Brevard g p s he B e and Metropolitan Planning Organization's presentation at the Space Coast League of Cities regarding transportation issues in the County. The U.S. 1 project is costing up to $60 million; $35 million for right -of -way purchasing; total cost $1.3 million per mile. He related that projects have been postponed for up to ten years. • Mr. Hoog related a request to include a memorial for the astronauts lost in Shuttle Columbia for the proposed Shuttle project. • Mr. Hoog thanked staff for planning the Space Coast League of Cities event. Mr. Treverton • Mr. Treverton related that the Canaveral pedway project failed and asked Mr. Nicholas for clarification. Mr. Nicholas stated that the property owners were concemed with loss of property and they wanted to know if the City would consider using the west bank of the canal instead. Other owners were not in favor of the project at all, however continued effort would proceed. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos requested plans for sidewalk infill both on SR A1A and throughout the community. • Mayor Pro Tem Petsos requested status on prototype plantings on the beach. t City of Cape Canaveral, Florida City Council Regular Meeting April 15, 2003 Page 9 (,.; • Mayor Pro Tem Petsos inquired about the Cartgraph software that Public Works is using and asked if this would calculate staff hours as well as hours /expenses. • Mayor Pro Tem Petsos related the possibility of a meeting with Commissioner Tony Sasso and City Managers from both Cocoa Beach and Cape Canaveral on the reuse issue. • Mayor Pro Tem Petsos inquired if a statement were made regarding the hospital bill. • Mayor Pro Tem Petsos requested realigning representation on the Brevard Metropolitan Planning Organization to include Cape Canaveral. Mayor Randels • Mayor Randels reported that he represented the County in Tallahassee on the 1 Library System. The State made a commitment of $43 million with $1.39 million available for the County. I • Mayor Randels reported on the lack of forthcoming grants. He announced that the Florida Forever Grant cycle is open with a deadline of June 10 Mr. Boucher stated that more points are granted for properties next to the ocean or the river. • Mayor Randels was re- appointed to the Environmental Endangered Lands Procedures committee. • Mayor Randels reported that the City of Des Moines, Iowa is selling park Li property. • Mayor Randels reported that the Canaveral Lighthouse is recruiting i volunteers. • Mayor Randels distributed information on the International Space Research t Park. i • Mayor Randels also distributed the new Foreign Trade Zone booklet. 3 1 ADJOURNMENT: There beir, business, the Chair adjourned the meeting at 9:45 P.M. • , - - so 0,',. Cill--0 .. �''-, ' '" Rocky Randel MAYOR f ' : «, s usan! Y .Qu t . t 1 (imie g I g t t