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HomeMy WebLinkAboutMinutes 05-06-2003 Regular i i i CITY COUNCIL REGULAR MEETING CITY HALL ANNEX C 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 6, 2003 7:00 PM MINUTES CALL TO ORDER: 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 Fire Chief Dave Sargeant BOARD INTERVIEWS: Mary Ernst, Library Board Mayor Randels called on Ms. Ernst for questions from the City Attorney. Attorney Garganese asked if all questions completed on the application were true and correct; Ms. Ernst affirmed. Ms. Ernst stated that she had past experience with libraries specifically in developing a library in West Virginia. She worked with the State to acquire the building and funding. Ms. Ernst related how she obtained help from the County to develop the Library in West Virginia. Council Members expressed gratitude for her willingness to serve on the Board. Mayor Pro Tem Petsos commented on her favorable recommendation from the Library Director and said that her qualifications would prove an asset. Mayor Randels concluded that a resolution to appoint her to the Board would be on placed the next Council meeting agenda. i C 1 1 City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 2 3 Gene Petre, Recreation Board Mayor Randels called on Mr. Petre for questions from the City Attorney. Mr. Petre had submitted a letter from his former town Mayor verifying his qualifications. Attorney Garganese asked if all answers on his applications were correct; Mr. Petre affirmed. Mr. Petre replied that he had past experiences with Parks and Recreation that would be of use in the Cape Canaveral community. He replied that Recreation in the community should meet the needs of all people. Council members expressed that he would be an asset to the Board and thanked him for his willingness to serve. Mr. Petre detailed the highlights of his former recreation experience with the facility. Mayor Randels thanked him for his interest in serving on the Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 15, 2003. 2. Proclamation for Civility Month. 3. Proclamation for Elder Law Month. I 4. Proclamation for Hurricane Awareness Month. ,1 C 5. Proclamation for National Public Works Week. 6. Disposition of Surplus Property. Mayor Randels asked if any Council members, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mr. Gene Petre made a request to remove Item No 6 for discussion. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Items 1 through 5 on the Consent Agenda. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For i ITEM REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION: 6. Disposition of Surplus Property. Mayor Randels explained the sealed bid process to Mr. Petre and stated that on June 2nd to June 6 from 8:00 A.M. to 2:00 P.M. the items would be available for viewing at the City Hall Annex Bay area and the bid opening is scheduled for June 6 at 3:00 P.M. C i I I 1 City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 3 I A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Item No. 6; Disposition of Surplus of Property. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For and Mr. Treverton, For j CONSIDERATIONS: i 7. Motion to Approve: Request for State and Federal Transportation Project Funding. Mayor Randels read the previous items listed for Transportation Impact Fee funding: 1) Reconfigure alignment of the intersection at SR Al A, International Drive and N. Atlantic Avenue, 2) Construct a Pedestrian Overpass at SR AlA and Columbia Drive, 3) Install Overhead Boom /Mast Arm Signals at four location on Sr Al A, 4) Plan and Implement Street Lighting on SR Al A, 5) Synchronize Traffic j Lights at SR Al A, 6) Design and Construct an Urban Roadway Profile for SR Al A and 7) Install Traffic Signal with Pedestrian Features on SR Al A and Columbia Drive. Mayor Pro Tem Petsos emphasized the continued need for the Overpass at Columbia Avenue and SR AlA to remain on the list. Mr. Hoog requested to include the intersection at North Atlantic Avenue and Central Blvd. due to the irregular traffic pattern. Mr. Boucher replied that that road is a County road. Mr. Hoog also 1 C . reminded of the backlog of transportation projects addressed at the last League of Cities meeting. Council members agreed to amend the list and move Item No. 7 to the third position and to move all other items down accordingly. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve the Request for State and Federal Transportation Funding as amended moving Item No. 7 to the No. 3 position and reposition the descending order of the list. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to APP rove: Development Agreement with Suzanne Traversa. p 9 Mayor Randels stated that this development agreement would allow the Traversa family to remodel the home without creating a further non - compliance. Mr. Boucher explained that after research the property was found in non - compliance and a stop work order was issued during the remodeling process. Attorney Garganese stated that the structure was never legally built in that the house was not within the setback requirements. Mr. Morgan replied that the City issued the permit and therefore was party. Attorney Garganese replied that the agreement would allow for all the provisions of a non - conforming structure. Mr. Todd Morley, Building Official, stated that there would be a double permitting fee due to work that was done prior to being found in compliance. The structure built in the 1970's was not inspected, however on the remodeling work inspections would be performed. Mr. y City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 4 1 Morley told Mr. Traversa that reports are required from the engineer for structural approval. Mr. Morgan emphasized he did not desire to treat the applicant any differently, however he has paid for existing City services. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Approve the Development Agreement with Suzanne Traversa of 620 Madison Avenue. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Acceptance of Landscaping Donation by Day I Development, Inc. in the amount of $9,823. Mayor Randels commented on a berm of landscaping adjacent to the property in question and desired to know if Mr. Bill Young planned to make amenities to it. He distributed photos for review. City Council thanked Mr. Young for his donation to the City. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Acceptance of the Landscaping Donation by Day Development, Inc. in the Amount of $9,823. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; , C Mayor Randels, For and Mr. Treverton, For ORDINANCES: Second Public Hearing: 10. Motion to Adopt: Ordinance No. 09 -2003; Amending Section 110 -171; Providing for Filing Requirements; Providing for the Clarification of Code Requirements. 1 t Mayor Randels read Ordinance No 09 -2003 by title. 1 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 1 REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICITNG ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Garganese stated that this ordinance would clarify the scale. There was no public comment. I I i I i 3 City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 5 A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 09 -2003; Amending Section 110 -171; Providing for Filing Requirements; Providing for the Clarification of Code Requirements. The vote on the motion carved 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 11. Motion to Adopt: Ordinance No 10 -2003; Amending Chapter 90, Article II, Providing for the Definition of Base Flood Elevations. 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 11 OF THE CITY 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. There was no public comment. I Co; A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 10 -2003; Amending Chapter 90, Article II, Providing for the Definition of Base Flood Elevations. The vote on the motion carried 5- 0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 12. Motion to Adopt: Ordinance No. 11 -2003; Amending Section 38 -2 Fire Safety Fees, Providing for Independent Plan Review. i 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. Mr. Gene Petre inquired about any increased fees. Chief Dave Sargeant replied that no fees would increase and explained that the ordinance would formally establish the independent plan review process in the City code. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to C Adopt Ordinance No. 11 -2003; Amending Section 38 -2 Fire Safety Fees, i City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 6 Providing for Independent Plan Review. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 13. Motion to Approve: Ordinance No 12 -2003; Establishing Uniform Board Requirements for City Boards, for second reading. Mayor Randels read Ordinance No 12 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR / DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; 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. i C A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No 12 -2003 for discussion. Mr. Boucher stated that considerable debate was given to residency and non - residency status. Attorney Garganese outlined the residency provision. Mr. Petre asked about a U.S. citizenship requirement . Attorney Garganese replied that establishment of residency was the only requirement. Mr. Hoog referred to previous information from the City Attorney regarding U.S. citizenship. Attorney Garganese replied that U.S. citizenship was in question for a Code Enforcement Board applicant however that was not a requirement since Florida Statutes establishes 1 requirements for Code Enforcement. Ms. Lottie Fredette expressed her concern in that the Council allowed a person who was not a citizen to serve on a City Board. Mr. Petre also expressed to see the Council find persons who are registered voters to serve on the Boards. Mayor Randels replied to Mr. Nicholas that this ordinance would allow for 33 percent of the Board members to serve if they own a business or if they own property. Chief Sargeant expressed that the requirements to serve on a 1 City Board should be no different from the requirements to sit on the Council. 1 Discussion followed on including provisions regarding residency and U.S. citizenship. I f I Council members expressed to table the ordinance due to significant input from the audience. Ms. Paula Collins expressed concern with developing too stringent requirements for Board applicants. Attorney Garganese explained to Mr. Petre that F , City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 7 Ce serving on two quasi-judicial Boards is not allowed; however, you may serve on one advisory Board and one quasi-judicial Board or several advisory Boards. Mayor Pro Tem Petsos requested to include that a recommendation from the Board should come before the Council at the time of the Board applicant interview. He also recommended changes to the requirement for absences since both the Library and Recreation Boards meet on a bi- monthly basis. Attorney Garganese reviewed the acceptable terms of serving on a City Board with the Council. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Table Ordinance No 12 -2003 to a time specific of June 17, 2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 14. Motion to Approve: Ordinance No 13 -2003; Providing for the Permitting and Regulation of Alarm Systems, for second reading. Mayor Randels read Ordinance No. 13 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE PERMITTING AND REGULATION OF ALARM SYSTEMS; PROVIDING FOR FINDINGS OF FACT CONCERNING FALSE ALARMS AND THEIR DETRIMENTAL EFFECT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING A SCHEDULE OF FEES; PROVIDING FOR A PENALTY FOR VIOLATIONS; 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. Chief Sargeant related the cost of operating emergency vehicles responding to a false alarm. He stated that the ordinance's objective is to reduce alarms. Chief l Sargeant also related that the City could authorize removal of a fire or burglar alarm that is not maintained. He said that devices are available to deter inadvertent pulling of a fire alarm. Mayor Randels referred to Page 8, Section 30-32, and inquired if homeowners are called to turn off an alarm system. Chief Sargeant pointed out the provision for alarms that are marked. Mr. Gene Petre asked if the Sheriffs department imposed any fines. Mr. Boucher said that fines are rarely imposed. Mr. Nicholas questioned what was prompting the ordinance and asked about the rate of incident. Chief Sargeant stated 105 false alarms in the City for one year at 8.98 percent. Mr. Boucher requested that the Council specifically review Sections 30-30 and 30 -31. Chief Sargeant stated that he sends reports to the State office to quantify if the incident was a malfunction or a false alarm. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Ordinance No. 13 -2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mn Treverton, For City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 } Page 8 RESOLUTIONS: 15. Motion to Adopt: Resolution No. 2003 -13; To Officially Name Streets within Cape Shores. Mayor Randels read Resolution No 2003 -13 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME CAPE SHORES CIRCLE, AQUARIUS WAY, FALCON WAY, INTREPID WAY, LUNAR AVENUE, ODYSSEY STREET, TRANQUILITY WAY AND SHUTTLE WAY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED ACCESS/ DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels thanked Jim Watson, Code Enforcement Officer for his mutual work with the Cape Shores committee to assign addresses on these streets. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Resolution No 2003 -13 to Officially Name Streets within Cape Shores. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 16. Motion to Adopt: Resolution No 2003 -14; To Officially Name Streets it within the Hitching Post Mobile Home Park. Mayor Randels read Resolution No 2003 -14 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME HITCHING POST ROAD, RICHIE AVENUE AND ARNO AVENUE LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED ACCESS/ DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2003 -14 to Officially Name Streets within the Hitching Post Mobile Home Park. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 9 (1 17. Motion to Adopt: Resolution No. 2003 -15; To Officially Name Streets within the Villages of Seaport. Mayor Randels read Resolution No 2003 -15 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME MYSTIC DRIVE, SHELTER COURT AND OCEAN PARK LANE LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED ACCESS/ DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Resolution No 2003 -15 to Officially Name Streets within the Villages of Seaport. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 18. Motion to Adopt: Resolution No 2003 -16; To Officially Name Streets within Ocean Woods West Townhomes. C Mayor Randels read Resolution No 2003 -16 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME CLARA ELIZABETH LANE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED ACCESS/ DRIVEWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. Mr. Nicholas questioned the location. Mr. Boucher clamed that the area in question is on Ocean Woods Blvd. and North Atlantic Avenue. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Adopt Resolution No 2003 -16 to Officially Name a Street within the Ocean Woods West Townhomes. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For DISCUSSION: 19. SR A1A, Welcome to the City of Cape Canaveral Sign. } Mr. Boucher made a presentation with the existing sign and reviewed its topography. He displayed the Beautification Board's original concept. Mr. Morgan noted exceptions in the two sign concepts: the size of the existing sign and the i City of Cape Canaveral, Florida City Council Regular Meeting 9 I May 6, 2003 Page 10 C e elevation. Mr. Boucher pointed out the road right-of-way in relation to the sign. Mayor Randels reviewed some changes that were made to arrive at the existing sign. Mr. Morgan questioned what was approved for construction on March 18, 2003. Mr. Nicholas stated that the existing structure does not lend itself to additional landscaping efforts. Mr. Morgan related how to include some engineering techniques such as using transverse footers that would allow for the original concept. Mr. Treverton agreed with Mr. Morgan and also related that Mr. Jovan Barzelatto had expressed how the original concept could be attained. Mr. Hoog asked Mr. Boucher how much the City of Cocoa Beach spent on its sign. Mr. Boucher replied approximately $70,000. City Council asked the City Manager to find out what the Florida Department of Transportation would allow and report what could be done at this site Council members agreed to conclude discussion at 10:30 P.M. REPORTS: Due to the late hour, no reports were given. ADJOU M NT . T -A : } "ng.nn iusiness, the Chair adjourned the meeting at 10:30 P.M. C ,.4.,, x1 fv, �" � Rocky Randels, YOR 1_ '- ,a. / .Su a s Cr; } { i I