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HomeMy WebLinkAboutMinutes 02-01-2000 Regular { CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 1, 2000 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Larry Weber Richard Treverton Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Smith Public Works Director, Edward Gardulski Recreation Director, Nancy Hanson Building Official, Dennis Franklin INTERVIEW: City Attorney, Kohn Bennett interviewed Mr. William M. Young, applicant to the Business and Cultural Development Board. Mr. Young is a two year resident of Cape Canaveral and has no relatives who are board members or employees of the City. He has served on the City of Cocoa Beach Recreation Board previously. Council commended Mr. Young for his interest in serving on the Board. A resolution appointing him will be on the next agenda. CONSIDERATIONS: 1. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the City Council Regular Meeting Minutes of January 4 and January 18, 2000. The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. Cape Canaveral City Council Regular Meeting Minutes February 1, 2000 Page 2 ORDINANCES — Second Reading: 2. Mayor Randels read Ordinance No. 01 -2000, Amending Code Section 110 -1, Definitions, by Amending the Definitions of Wall by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, €' FLORIDA, AMENDING CODE SECTION 110-1, DEFINITIONS, BY AMENDING THE DEFINITIONS OF WALL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adopt Ordinance 01 -2000. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 3. Mayor Randels read Ordinance No. 02 -2000, Vacating And Abandoning A Twelve Foot (12') Wide Right -Of -Way Located South Of Johnson Avenue, Adjacent To Lot 5 And Lots 11 Through 13, Block 76, Avon By The Sea, Extending South To The City's Corporate Limits, by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWELVE FOOT (12') WIDE RIGHT -OF -WAY LOCATED SOUTH OF JOHNSON AVENUE, ADJACENT TO LOT 5 AND LOTS 11 THROUGH 13, BLOCK 76, AVON BY THE SEA, EXTENDING SOUTH TO THE CITY'S CORPORATE LIMITS, RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk, Sandra Smith explained that the property was apparently platted before the City was incorporated according to public records. Further, petitioners in 1973 paid $10 to have the alleyway vacated. The Planning and Zoning Board recommended approval of vacating the right -of -way. Mr. Petsos opined that alleys r should be vacated according to the original intent of promoting residential construction. It is a benefit to the developer, not the best interest of the City. He further suggested that we should not give City property away. City Attorney, Kohn Bennett related that the vacated property goes to all adjacent property owners, not just the applicant. Mr. Treverton commented that the property is already developed and is not needed E for access. Mr. Petsos clarified that he is opposed to not charging for the property. Mr. Bennett explained that the apparent rationale for requesting the land is for beautification control purposes. There was no public comment. t r 1 Cape Canaveral City Council Regular Meeting Minutes February 1, 2000 E Page 3 A motion was made by Mr. Weber and seconded by Mr. Treverton to adopt Ordinance 02 -2000. The motion passed 4 -1, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, Against and Mayor Randels, For. RESOLUTIONS: 4. Mayor Randels read Resolution No. 2000 -04, establishing a reclaimed water connection fee schedule by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A RECLAIMED WATER CONNECTION FEE SCHEDULE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Resolution No. 2000 -04. i Mr. Boucher explained that the fees are to be reviewed annually, however, no change has been proposed for this year. Mr. Petsos suggested that it might be prudent to 1 increase the cost for residents within Phases I and II who have relinquished their I opportunity to connect when construction was current in their area. He explained that the costs to the City would increase after each phase is completed. Council concurred to revisit the concept, clearly defining timelines. The issue is to be placed on the next 1 regular city council agenda. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. Mayor Randels read Resolution No. 2000 -05, approving employee payroll deductions ! for supplemental insurance according to Federal Section 125 pre -tax regulations by , title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN EMPLOYEE FUNDED SUPPLEMENTAL INSURANCE CAFETERIA PLAN WITHIN THE CONTEXT OF SECTION 125 OF THE INTERNAL REVENUE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Weber to adopt Resolution No. 2000 -05. 1 E City Clerk, Sandra Smith explained that the 125 Program provides employees an opportunity to pay for dependent health coverage and other supplemental insurance premiums before taxes are deducted from their pay. Further, due to the reduction in GROSS PAY, the City's portion of FICA taxes is reduced. There are no administrative 1 costs associated other than deducting the premiums and forwarding the funds to 1 i 1 1 f , Cape Canaveral City Council Regular Meeting Minutes February 1, 2000 E Page 4 AFLAC. The insurance company will provide the necessary IRS reporting at no cost. Mr. Bruns expressed concern that the item was presented at the meeting without prior notification. Mayor Randels also expressed concern that the issue was presented without notification and the possible obligations that may not be apparent upon cursory review. City Attorney, Kohn Bennett explained that he had reviewed the contract. He stated further the contract did not actually need Council approval because City funds are not expended. However, being conservative and keeping Council informed, the issue was placed on the agenda in afterthought. There was no public comment. The motion passed 4 -1, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, Against. REPORTS: 6. City Manager — Bennett Boucher o Reclaimed Water construction is approximately 30 days behind because they started 30 days late. Although they are doing a good job, payments are being held in consideration of the lateness. Mr. Petsos queried when driveways would be repaired that was damaged over three weeks ago. Mr. Gardulski responded that it takes approximately three weeks for them to start reconstruction of driveways and sidewalks. o Property owners are not interested in selling the property north of Cherie Down Park. They are going to develop the property as a condominium and have no interest in entertaining an offer. o City of Cocoa Beach suggested a joint meeting this month. One agenda item they presented is a skateboard park. Suggested dates are February 24, 25 or 29. o The Port Interchange will be discussed at the next City Council meeting. Mr. Petsos and Mr. Bruns opined that the interchange issue should be discussed in a town hall meeting forum. Mr. Treverton queried if it would be reasonable to dovetail the joint meeting with Cocoa Beach and the Port. Mr. Bruns opined that they should be held separately. Mr. Boucher will request meeting with the port in a town hall forum and set the date before the first detour is scheduled. o Public Works Director, Ed Gardulski has been working on the sand- fencing permit and has no answers yet. Saturday, February 19 is the tentative volunteer project weekend. A notice to proceed permit has to be issued before we can begin. o P&Z gave staff directive to proceed with the sign code and will have a proposed revised version at the February 9 Planning and Zoning Meeting. Mr. Bruns requested that this issue be discussed on the agenda at the next City fr is g. Cape Canaveral City Council I Regular Meeting Minutes February 1, 2000 Page 5 J Council meeting. Mr. Petsos suggested that Council review the County's sign i ordinance more closely for consideration. Mr. Bruns opined that the City would I likely institute more stringent requirements. s o The C -2 ordinance will be placed on the next agenda for administrative g rezoning. Mr. Bennett related that the LPA had to have considered the issue and had to be properly published. o Mr. Boucher reported that the govemment channel aired the city's marketing 1 video last night. E Audience 1 o Mr. Nicholas queried what the city's policy on code enforcement is, proactive or reactive? Mr. Franklin responded that it is both. He expressed concern that perpetual complaints can be simply considered by the Code Enforcement Officer without getting the issue before the Code Enforcement i g Board. Mr. Bruns reiterated that Council imposed a proactive code enforcement policy; possibly the issue needs to be addressed more closely. o Ms. Ruby Daniel, resident, expressed concern about resident complaints regarding the Blue Cafe. She queried how the City could protect residents from business establishment hidden agendas. Mr. Boucher reported that the Blue Cafe was shut down last Friday for serving alcohol after 2 a.m. and there are reports that can be obtained from the City Manager's office. Ms. Daniel stated that it is apparent that the business is not operating primarily as a purported restaurant. Mr. Bennett explained that the Blue Cafe is open under the stipulation of a previous special exception and must comply with those terms. Code Enforcement is evaluating conformity with the special exception as well as other ordinances. i City Clerk — Sandra Smith • No report Citv Attorney — Kohn Bennett o No report Citv Council Member — Larry Weber • Mr. Weber has been appointed as Interim Executive Director of Keep Brevard E Beautiful • Mr. Weber expressed appreciation for all efforts in the citywide cleanup last Saturday. i Cape Canaveral City Council Regular Meeting Minutes February 1, 2000 Page 6 • Mr. Weber queried about the construction status of the Kelsey's restaurant. Mr. Franklin responded that construction has started again. City Council Member— Richard Treverton o Mr. Treverton reported that he toured the Satellite Beach City Hall. He related that it is essentially the same size city; the building is twice the size and very impressive. He suggested that other council members visit. He also toured the police station and commented on certification requirements that the Canaveral Precinct will likely desire to obtain when designing a new or renovated building. o Mr. Treverton opined that the Manatee Sanctuary Park needs trees planted and requested a layout of the roads, restrooms and other details. The master plan will be presented at the next city council meeting. City Council Member — Burt Bruns ▪ Mr. Bruns queried about the stormwater pilot project status. Public Works Director, Ed Gardulski responded that he would update the report and place on the city's web site. • SSA is progressing with the stormwater master plan. • Mr. Bruns queried if Villages of Seaport has an approved site plan? Building Official, Dennis Franklin responded that the Building Department does not have a copy. Mr. Boucher stated that the site plan was approved in 1983 and microfilmed documents are on aperture cards. Research must be conducted to obtain the copy. Mr. Nicholas reported that Villages of Seaport is a phased project. City Attorney, Kohn Bennett opined that site plans do expire if a. building permit has not been issued within code - defined timeframes. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried about Community Policing Officers and status of the new officer. Mr. Boucher responded that the new officer has been selected and would start soon. • Mr. Petsos commended the Public Works Department for their report and excellent accomplishments. Mayor — Rocky Randels • Mayor Randels reported that EEL purchased 32M worth of lands thus far. 6m �- were just allocated for maintenance of properties. g' Cape Canaveral City Council Regular Meeting Minutes February 1, 2000 Page 7 • Mayor Randels reported that the Govemment Television Channel is available and will run perpetually. • Mayor Randels opined that Code Enforcement should be aggressively proactive. He commended Greg Mullins for attending a flood plan conference, which effects the city's flood insurance. • Mayor Randels commended the Assistant City Clerk for the City's web site construction and management. • Mayor Randels reported that the 1990 census participation response rate was 53 %. He explained that the census provides the basis for revenue sharing of $303 per person. He also reported that there are jobs available for census workers. Literature was distributed. There being no further business, the meeting adjourned at 8:50pm. r C_R—oc. 4 t 4 4 , . . [ (-- i/t/11 4 /1 C D ' 2i_ . -.1_____ Rocky Randels, MAYOR Sat ° ra S6ith, CITY CL4`iK it } , a