Loading...
HomeMy WebLinkAboutMinutes 12-17-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 17, 2002 7:00 PM MINUTES CALL TO ORDER: 3 ROLL CALL: Council Members Present: Robert Hoog Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Cre. Susan Stills, City Clerk PRESENTATIONS: Holiday Beautification Award Winners Ms. Mary Jo Laws made presentations to the winners of the Beautification Board Holiday Awards. The Single Family Award was given to Joyce Soderberg of 380 Holman Road, the Multi- Family Award was given to Steve DeLashmutt on behalf of Cape Shores and the Commercial Award was given to Harriet Zbiegien on behalf of United Space Alliance. Ms. Laws displayed the new weather - resistant Holiday Award sign that will be posted in front each building for one month. Blamey 67 — SR A1A Beautification Project Proposal Mr. Glenn Financial for GI nn Duffy, Chief manual Officer or Blarney 67 thanked the Council for the opportunity to make this presentation. He introduced Attorney Bob Beals, Kathleen Burson of ParTerre Landscape Architects and Mr. Hugh Clark, Landscape Designer who were available to assist the Council with any questions. Mr. Duffy provided background on the property that faces Al A and Thurm Blvd. He stated that Blamey 67 actually owns three pieces of property that are the parking lot, the Fairvilla Megastore building and the frontage parcel. He also showed a photo of the properties current conditions. He stated that Mr. Bob Baugher had agreed to collaborate on a sidewalk from the Fairvilla property to his City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 2 A 1, C property the Radisson Resort. Mr. Duffy stated that the City's Public Works Director had requested an easement agreement in order to landscape the Al A portion. He stated that Phase I of Blamey's Proposal I would include the addition of a sidewalk as well as tap into the reclaimed water to irrigate the newly installed landscaping. He stated that Phase II would install an irrigation system to the median located on Thurm Blvd. Mr. Duffy also stated that Blamey 67 would provide a new sidewalk, drainage structure and apply for permits with the Florida Department of Transportation Drainage and Connection Utility. He pointed out that Blarney 67 and the City would need to work together to amend the settlement agreement regarding proposed signage. Blarney 67 would remove the two signs located on the property, the building sign and relinquish its Adopt A Highway program sign as well as pay for all landscape design and plantings. Mr. Duffy displayed photos of the current landscaping and a proposed landscape design. He said in return, Blarney 67 requests permission to construct a new sign in compliance with City of Cape Canaveral codes. The proposed sign is ground level, ground lit and heavily landscaped. Mr. Morgan inquired about the right -of -way setback. Mr. Duffy explained that due to the existing topography the sidewalk had to be moved back onto the property and that the owner would maintain the sidewalk if installed. Mr. Duffy replied to Council's inquiry that the sign would in fact read, Fairvilla Megastore since that is the trademark name. Mr. Duffy outlined that Blamey 67 would incur approximately $55,000 in cost for landscape and irrigation, approximately $15,000 for a sidewalk, and approximately $18 to $19,000 for drainage. The cost to implement Phase I is approximately $100,000. All costs would be incurred by Blamey 67 contingent upon approval of the proposed sign. Mr. Duffy stated that Blarney 67's goal is attractive signage. He said that Phase II, the installation of irrigation system on the Thurm Blvd median, would precede contingent upon approval of Phase I. Mr. Duffy then asked if the Council had any further questions. Mayor Randels said that his question on who would maintain the landscaping was answered through the presentation. Mr. Treverton stated that an amendment to the settlement agreement was in order to allow for the new sign. Attorney Garganese explained that approval to a modification of the settlement would render permission for the sign only. Mayor Pro Tem Petsos inquired about the 10 foot sign height. Mr. Clark stated that the sign is just below 9-feet. Mayor Pro Tem Petsos asked about the size of the berm. Ms. Burson responded 3 -feet elevation. Ms. Burson said that the back of the sign is approximately 12%-feet. Mr. Duffy stated that the sign is under code using the highest point of the sign. Mr. Clark said that mature plant material would decrease the signs stature. Mr. Duffy responded to Mayor Pro Tem Petsos that backlighting would not do justice to the sign and he replied that foot - candle lighting measures would be established prior to going to the Community Appearance Board. Mayor Pro Tem Petsos expressed that he would like to see Mr. Baugher's participation in the project. Mr. Morgan stated that the look of the sign has been enhanced without altering the settlement agreement. Mr. Treverton asked if any other Council member would like to see the flamingoes removed. Mayor Pro Tem Petsos said that he agreed but they would probably be removed with the proposed landscape installation. Mayor Randels stated that Blarney 67 not only agreed to City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 3 v improve the landscaping but also to work toward additional property improvements such as the sidewalks. Mayor Randels concluded that the consensus of the Council is that no other alterations would be made to the settlement agreement. He then polled the Council for their opinions. Mayor Pro Tem Petsos reiterated that he favored a written agreement from Mr. Baugher on a collaborative sidewalk effort. Mr. Morgan, Mr. Hoog and Mr. Treverton agreed on the 1 . proposal. Attorney Beals stated the problem of tying their proposal to Mr. Baugher's agreement in that such an action would give any adjacent landowner leverage prior to developing property. Mr. Boucher stated that the Fairvilla proposal is not included in the Florida Department of Transportation grant funding since Mr. Gardulski was under time constraints. Mr. Boucher also reminded that he had requested a vegetative screening on the western section of the property to shield the residential from the commercial area Mr. Duffy stated that he had agreed on wax myrtles for the screening landscape. Mr. Nicholas asked if the presentation would be made a written addendum to the agreement. Mr. Duffy stated that the presentation could be made an Exhibit to the Agreement. Mr. Nicholas also inquired if a sign would replace the building sign. Mr. Duffy responded no, the building sign would not be replaced. Mr. James Hale asked if there were a visibility issue between the proposed sign and the traffic on Thurm Blvd. Mr. Duffy stated that the sign is setback approximately 30 -feet from the right-of-way. Attorney Garganese stated that as the proposal goes through the approval process a complete package for Council's approval will evolve. The consensus of the Council is for the landscaping and sign proposal to proceed to the Community Appearance Board. CONSENT AGENDA: Mayor Randels asked if any Council member, staff member or interested art desired P Y to remove an item from the consent agenda for discussion. Mr. Boucher requested to remove Item No. 2 due to information received from the City Atorney. 1. City Council Regular Meeting Minutes of December 3, 2002. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Consent Agenda Item No. 1 with the correction to remove Larry Weber's name from the roll call. 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. 2. Resolution No. 2002 -50; Appointing an Alternate Member to the Code Enforcement Board. (L. Holfve) Mr. Boucher said that there was a uestion on Mr. Holfve's U.S. citizenship since the last q P Council meeting. Mr. Boucher stated that Mr. Holfve is not a U.S. citizen. Attorney City of Cape Canaveral, Florida 1 City Council Regular Meeting December 17, 2002 Page 4 Garganese replied that the only requirement for a Code Enforcement Board member under Chapter 162 is that the person be a resident of the City. Also, whenever possible a 1 person appointed should fall under classifications of architect, engineer, general contractor, subcontractor or realtor. Mr. Holfve would fit under the classification of contractor. Attorney Garganese stated that the Board appointment is at the discretion of the Council. Mr. Morgan inquired about Mr. Holfve's citizenship. Attorney Garganese replied he is a citizen of Sweden. Mr. Treverton expressed that Mr. Holfve would preside in judgments over U.S. citizens. Mr. Boucher reported that Mr. Holfve is involved in the 1 community and he would be appointed as an altemate member. Mayor Pro Tem Petsos expressed that he would like registered voters participating on the Boards. Attorney Garganese replied that Chapter 162 sets forth the sole requirements for the Code Enforcement Board, however for Boards not established by the Florida Statutes, the i Council could make being a registered voter a requirement. Attorney Garganese stated I that an altemate Board member could vote in the absence of regular members. I A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to table Resolution No. 2002 -50 until further information could be obtained. 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: Second Public Hearing: 1 3. Motion to Adopt: Ordinance No 18 -2002; Amending Code Sections 110 -46, 110-62 and 110 -137; Notice Procedures for Special Exceptions and Variances. I Mayor Randels read Ordinance No 18 -2002 by title. } AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110 -46, 110 -62, AND 110 -137; PROVIDING FOR NOTICE TO AFFECTED PROPERTY OWNERS IN LAND USE MATTERS; ESTABLISHING PROCEDURES TO PROVIDE I NOTICE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECCTIVE DATE. i There was no further discussion on this ordinance. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 18 -2002 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For Mayor Pro Tem Petsos, For; p Mayor Randels, For; and Mr. Treverton, For 1 1 RESOLUTIONS: 4. Motion to Adopt: Resolution No 2002 -51; Amending the Commercial Sewer Rates, Providing for a Six -Month Evaluation Period. i City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 5 : C Mayor Randels read Resolution No 2002 -51 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE COMMERCIAL SEWER RATES, PROVIDING FOR A SIX MONTH EVALUATION PERIOD, AS PROVIDED FOR IN / CHAPTER 78 UTILITIES, ARTICLE III, SECTION 78 -152 APPENDIX B OF THE CITY OF CAPE i CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels inquired about the three altematives and if an time extension was needed. g Mr. Morgan and Mr. Treverton replied that this would allow for options. Mr. Treverton expressed that in his review he considered possible alternatives on how to revise the commercial rate structure. Mr. Boucher said that he would explore options using in -house rate models. Mr. Morgan said that this affects few commercial establishments and could i be done possibly without expending $16,000 for a rate study. Mayor Randels related that i commercial customers pay for actual gallons and not the readiness to serve or sewer cost. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2002 -51. 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: I A 5. Adopt -A- Median Program. Mr. Boucher stated that this Agreement for the Adopt A- Median Program came about due to an inquiry from Council at the last meeting in order for people or groups to maintain medians throughout the City. Mayor Pro Tem Petsos said that Adopt -A -Road and Adopt- , A- Median are two different programs in that Adopt -A -Road agreement is more detailed. Council approved Mr. Boucher's recommendation to forward the proposed agreement to the Beautification Board for review. REPORTS: 1. City Manager • Mr. Boucher reported that the City Attorney Request for Proposal has been F r published. The bid opening is set for January 6th. Council will receive request packets for review at the meeting on January 7 • Mr. Boucher stated that the stormwater utility could be placed on the Regular 1, Meeting Agenda on January 7th. The stormwater consultant would meet with the i Council at the meeting on the 7 and if all goes well would proceed with a Town Meeting and implementation in February. Mr. Boucher reported that the Sheriffs office is working to assist needy families in 1 the City during the holiday season. Deputy Rogers has 30-40 families designated. • Mr. Boucher announced a successful Reindeer Run with over 300 participants. i c. He thanked Kim McIntire, Race Director and the Business and Cultural Development Board and City staff. i City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 6 • Mr. Boucher related that he would be on vacation from December 23`4 through January 2n and the City Clerk will be in charge. 2. Staff City Clerk • No report. City Attomey • Attomey Garganese distributed a draft ordinance regarding prohibiting bonfires on the beach. 3. City Council Mr. Morgan • Mr. Morgan reported on a young man seen rifling mailboxes in the City. • Mr. Morgan inquired about the window issue. Mr. Boucher replied that he spoke to an enforcement agent with the Department of Business and Professional Regulations and no new rulings have been established. Attomey Garganese replied that he listened to the licensing industry tape and there was much discussion and disagreement by the Board members on how to proceed with this issue. Attomey Garganese re- stated his position that the industry Board did a disservice to the public in that they provided no public notice and gained no public input prior to the opinion. Mr. Hoog • Mr. Hoog expressed that the holiday landscaping throughout the City is attractive. • Mr. Hoog inquired about a Waste Management truck in the City at approximately 6:20 A.M. City Manager would take action. Mr. Treverton • Mr. Treverton expressed his favor with the holiday decorations on the City sign. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reported on the Christmas Tree Lighting program at the Library. • Mayor Pro Tem Petsos stated that he was not against Fairvilla's concept however he desired an open dialogue between Fairvilla and Mr. Baugher. Mayor Randels • Mayor Randels distributed a gift to each Council member from the Town of Indian Harbour Beach given at the Space Coast League of Cities dinner. Mayor read a poem and gave an explanation of the gift's symbolism. • Mayor Randels presented a letter of thanks from the Friends of the Library for the Public Works staff's help assembling and dismantling the tables at the annual book sale. • Mayor Randels asked if there were any consensus on accepting any further donations from Mr. Bennix. A Community Center was suggested. • Mayor Randels announced the annual citywide cleanup on Saturday, January 18th. { City of Cape Canaveral, Florida City Council Regular Meeting December 17, 2002 Page 7 C e • Mayor Randels announced the Keep Brevard Beautiful 18 Annual Trash Bash on April 19 and Mayor Randels inquired of the Council if there were any interest to sponsor at a cost of $300. • Mayor Randels reported that he is working on a Sister City Program with Rio De Janeiro and asked if there is any further interest to pursue this venture from the Council. Mr. Boucher asked that Mayor Randels consider what type of information exchange the program would provide between cities. • Mayor Randels inquired about the reuse status for residents that have paid but still do not have service and requested a workshop meeting to discuss this issue. { • Mayor Randels asked for a way to update the status of budget goals as they are completed. AUDIENCE TO BE HEARD: • Mr. Nicholas announced the VFW Children's Party at the Cape Canaveral Library on Saturday, December 21s • Mr. Nicholas asked if the City would give away the poinsettias at the end of the season. Mr. Boucher replied that the plants would last through January. ADJOURNMENT: The g no f u ness the Chair adjourned the meeting at 8:59 P.M. t Rocky Randels, MAYOR S s ;. CO'