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HomeMy WebLinkAboutMinutes 02-15-2000 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 15, 2000 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Lary 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 Building Inspector, Morris Reid City Treasurer, Andrea Bowers PRESENTATIONS: City Manager, Bennett Boucher presented the Government Finance Officers Association Certificate of Achievement and Award of Financial Reporting to City Treasurer, Andrea Bowers. He explained that it is awarded to governmental entities meeting criteria set by governmental accounting standards. Mr. Boucher commended the Treasurer and Finance Department staff for their consistent efforts. MINUTES: A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the City Council Regular Meeting Minutes of February 1, 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 15, 2000 Page 2 - ORDINANCES — First Reading: 1. Mayor Randels read Ordinance No. 03 -2000 by title; Amending the Official Zoning Map by Rezoning Approximately 74.5 Acres from M -1 to C -2, for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF TAX PARCELS 750, 755, 756, 757, 758, 760, 768, 782, 784, 785, 786, 787, 788, 796, 804, 806, 813, 815, 822, 0, R, 752, A, B, C, D, El, E2, H, I, J1, K, L, M, 500 AND 502, CONTAINING APPROXIMATELY 74.5 ACRES, FROM THE CLASSIFICATION OF M -1 (LIGHT INDUSTRIAL) TO C -2 (COMMERCIAUMANUFACTURING DISTRICT); AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance 03 -2000 for second reading. Mr. Bruns explained that the issue has been discussed extensively and Will I. provide a service to the property owners by not requiring owners to apply individually. Mr. Petsos and Mr. Treverton stated that this administrative zoning would preclude spot zoning. Mr. Leo Nicholas, resident and Planning and Zoning Board Member, queried about the meaning of outside displays as mentioned in the ordinance. The issue will be clarified at the next meeting. The codebook in the Council Chamber has not been updated with the most current supplement. The ordinance was duly noticed and certified letters sent to property owners. Letters are not required to meet legal notification requirements. I ; 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. 2. Mayor Randels read Ordinance No. 04 -2000 by title, Amending Section 110- 470, Fence, Wall and Hedges, for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 110 -470, FENCES, WALLS AND HEDGES; REPEALING FENCE EXCEPTIONS; PROHIBITION PROHIBITING FENCES IN E ALL FRONT YARDS AND PROVIDING PEFERENCE PEIFORM,AN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 3 A motion was made by Mr. Weber and seconded by Mr. Bruns to approve Ordinance 04 -2000 for second reading. Mr. Petsos opined that there are residents who need the special exception for fences in front yards and would, therefore, be opposed to the ordinance. Ms. Beatrice McNeely, Planning and Zoning Chair explained that the ordinance is intended to make the regulations clear. City Attorney, Kohn Bennett, explained that the Planning and Zoning Board wanted to get away from the fence exemption that allowed for six -foot heights. He related that the setbacks and heights probably should be considered as separate issues from allowing front yard fences. Mayor Randels illustrated that as the ordinance is worded, condominiums would not be allowed to enclose their property, nor would gated communities. Mr. Bennett related that the Planning and Zoning Board is fully aware of the connotation of the ordinance language. Mr. Petsos further related that residents on dead end streets or with extenuating circumstances should not be denied the special exemption provision. Mr. Nicholas explained that conditions that allowed some fences disappeared with property owners; therefore, granting fences to remain when the cause is no longer in existence is detrimental. Mr. Petsos made a motion and Mr. Bruns seconded to table the ordinance to facilitate readdressing by the Planning and Zoning Board. 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. I I RESOLUTIONS: 1 3. Mayor Randels read Resolution No. 2000 -06 by title. Appointing an Altemate Member to the Business & Cultural Development Board. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 2000 -06, inserting the name William Young. 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 15, 2000 Page 4 CONSIDERATIONS: 4. City Treasurer, Andrea Bowers, reported that the budget is essentially within projections. The Bond Issue was to have been closed in 1996, however, was not. Council Approval is required to transfer funds to pay the outstanding $10,000 bond. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Quarterly Treasurer's Report and Budget Transfers. 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 Mr. Bruns queried if investigative fees are still being received. Ms. Bowers confirmed that they are 5. Public Works Director, Ed Gardulski explained that this vehicle was budgeted last year, however, due to unforeseen needs, the vehicle was deferred until this budget year He explained that another vehicle would need to be replaced next budget year. Mr. Petsos explained that this issue is an example of why Council should be involved in budget workshops prior to the initial budget document preparation and straight from each department's initial requests, before any cuts have been made. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Cooperative Purchase of a 3/4 -Ton Pick -up for the Streets /Maintenance Department in the Amount of $16,616. 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. 6. Public Works Director, Ed Gardulski, explained that the proposed Public Works copier is also a network printer. He explained that digital is a state of the art system and individual printers are aging. A motion was made by Mr. Weber and seconded by Mr. Petsos to approve the Cooperative Purchase of a Digital Copier for the Public Works Department in the Amount of $10,772. 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 1 Regular Meeting Minutes February 15, 2000 Page 5 1 7. Public Works Director, Ed Gardulski, explained that this is the first change order that adds a number of streets. He related that Hankins has done a good job and has agreed to extend the contract cost for the change order. There will be other future change orders to add streets. 1 A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Reuse Project Phase III Extension, Part #2 Change Order to Carl Hankins, Inc. in the amount of $171,348.70 to be appropriated from impact fees. Mr. Gardulski reported that the contractor is gaining the time lost from their initial late start. Council clarified that the time extension is appropriate for only the work covered in the change order. 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. i 8. Public Works Director, Ed Gardulski, explained that the City let a joint bid with the City of Cocoa Beach for the current street sweeping contract and that it has worked well Both cities are satisfied with the monthly sweeping service. The company offers to extend the contract for a third year at the same cost. The sand being collected is currently disposed at Manatee Sanctuary Park. Council clarified that it is a budgeted item. Mr. Nicholas noted that stormwater issues reflect that sand collected is likely impure and should be tested. Council concurred. A motion was made by Mr. Petsos and seconded by Mr. Weber to approve the Street Sweeping Contract Annual Renewal with USA Services of Florida, Inc. 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 DISCUSSION: 9. Reuse Construction Project Update. Public Works Director, Ed Gardulski, explained that his distributed memorandum reflects their process. The contractors have hit only one water line that was mislocated by the City of Cocoa, and there have been no complaints by residents. Mr. Carl Hankins was present and related that they are pleased with their relationship with the City on this project. Restoration will begin this week and three personnel are being added to the workforce this week. He E related that pipe costs are increasing along with petroleum prices. Phase IV is being pursued actively to procure the pipe, regardless of the contractor awarded the project to secure the current cost. He related that Phase IV should begin in December. Mr. Gardulski reported that he has requested a $250,000 grant from JF4- Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 6 I SJRWMD that will be awarded in July. The City's ranking will be determined and revealed this Friday. Council commended Mr. Hankins on his company's work. 10. Sign Code Amendment Update Mr. Boucher explained that Council requested an update after Planning and Zoning's last meeting. They suggested clarifying the ordinance, leaving intact the size, amortization and another issue to be considered possibly by referendum. Mr. Petsos opined that although the referendum takes Council off the hot seat, residents likely expect Council to make those decisions. Mr. Boucher related that he attended a Chamber of Commerce meeting in I Cocoa Beach that sent a message to the County to retain the current ordinance, but start enforcing the regulations. He further reported that various town meetings would be conducted on the sign issue. Mr. Bruns opined further that Council should proceed cautiously with public input, but not necessarily by i referendum. Mr. Treverton related that this topic is one that the average family does not generally discuss. Possibly, it could be successful. He suggested that 1 research could be conducted to determine how other municipalities approached their sign ordinance restrictions. Mr. Weber related that Port Orange and Satellite Beach are local municipalities that have recently undergone drastic j sign ordinance changes. Mayor Randels concurred that Council should make the decision based on public input. Mr. Nicholas commented that referenda are binding until changed by another referendum, which could be exorbitantly time consuming, expensive and potentially detrimental. Mr. Treverton related that a straw ballot would be a more logical recourse in that it provides a non - binding poll REPORTS: E City Manager — Bennett Boucher o Mr. Boucher queried when the sand fencing volunteer project would be conducted. Mr. Petsos reported that it would be February 26, 2000. o Mr. Boucher queried if Council should reschedule the joint meeting with the City of Cocoa Beach. Council concurred. The causeway vulnerability study 1 and A1A transportation study are potential agenda items. o Mr. Boucher was appointed as Chair of the Local Mitigation Study Committee again for this year. He reported that a system is being devised to utilize the county's reverse 911 system to notify residents of potential localized t emergencies. Wastewater capital equipment project is holding up the sewer E impact fee study and requested. Council concurred to set the workshop for t Thursday, February 24, 2000 at 5:00 p.m. Backup information will be distributed to Council this week. i i Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 7 1 I o Mr. Petsos is conducting a beach cleaning demonstration at 2:00 on Thursday, February 17. The demonstration will be conducted at the beach end of Tyler. City Attorney, Kohn Bennett, related that notice must be posted and minutes maintained. o Mr. Boucher reported that contractors have reported problems with Building Department personnel and other building department concerns. He suggested that a March Town Forum should be a good process to provide feedback to developers and contractors. Mr. Petsos suggested that the meeting should be thoroughly advertised. Mr. Weber reported that he has been involved with agencies that provided one -stop shops effort. o Mr. Boucher reported that Mr. Gardulski distributed a memorandum outlining the k Public Works Department current projects. I Audience 1 o Mr. John Murphy spoke on behalf of the owner of Discovery Bay. He related that the City, the contractor and owner made mistakes. He related that he had an agreement with the property owner to select landscaping. Some of those trees did not meet the current City ordinance regulations. He clarified that the owner has agreed to meet the current landscape code within the next two i IE weeks. However, he noted, it was grievous reaching the determination. He related that re- inspections were nit - picking items not on the original list, and that this type of re- inspection only occurs in Cape Canaveral. He opined that I something should be done so that contractors can meet code requirements I without suffering unreasonable re- inspection costs. Mr. Murphy cited an example of selective enforcement in that the owner rented one end of the t, building to another company and stored the business furnishings in an unoccupied space that did not have its certificate of occupancy. He explained that the burning issue is that the Budget Rental Agency stored cars before a driveway was approved and certainly not a certificate of occupancy, in full public view. He related that it is obviously selective enforcement of the Code. Mr. Murphy commended the Public Works Department for their efforts to assist 1 them with information to fully comply with regulations under their purview. He touted them as good examples of what public servants should be. Council concurred that consistency and fairness should be of utmost importance. i Mr. Ari Tezel, owner of Discovery Bay, clarified that he has no personal issue s with anyone. He stated that he is becoming paranoid recently with trying to develop his property in the City of Cape Canaveral. He related that the problem 1 is in communication with the Building Department. He stated that there are {; black holes in the building department. Things are lost too often. He stated that E he built a 109,000 sq. ft. building in Minneapolis within nine months from beginning to end. Mr. Tezel explained that the problems in Cape Canaveral began with landscaping. He explained that his issue is that no directive was t given until after the landscaping was installed. He then read a memo regarding I 1 1 f F , 1 Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 8 the landscaping requirements (from the building official). Mr. Tezel maintained that the City held the plans for the project and that the building department should have notified the developer of any changes that occurred since the project approval. He was told that a certificate of occupancy would not be issued until three -inch trees were installed. He further related that he lost two tenants due to the displeasure they experienced with the City. He related that he met with the City Manager and Building Official to obtain a better understanding of the issue. He stated that Mr. Franklin was offensive in his i response to efforts to communicate to enable rectifying the problems. His site plan was approved before the regulations were changed. Mr. Tezel related that every person in the building department interprets the code differently. He further stated that the Building Official does not know the code and it is a poor 1 reflection on the City and that the situation within the City is not healthy. , Mr. Boucher responded that upon compliance with the Building Official's memorandum, the certificate of occupancy could be issued. Mr. Tezel expressed concern that this document may not be followed because the approved site plan was dishonored. He reiterated that the inconsistency as proven in the Building Department remains disconcerting. Mr. Bruns thanked Mr. Tezel, however, pointed out that this is not a Council z issue. The City Manager is the authority to address the problem. The City Attorney related that the disagreements with the Building Official's interpretation should be questioned before the Board of Adjustment. Mr. Tezel stated that he was never informed. Mr. Nicholas opined that he believes the most crucial issue is with the Building Official because he does not know the code. He related that some of those problems stem from his lack of knowledge. Mr. Nicholas related that the City has never experienced this level of dissatisfaction with processes flowing through the Building Official position. He opined that a meeting is a good idea and it should be made clear that the regulations are to be complied with. Contractors also have a responsibility to be forthright in their planning as well. City Clerk — Sandra Smith • No report f i City Attomey — Kohn Bennett O Need to schedule a Council seminar on sunshine law, voting conflict of interest and other pertinent procedural and responsibility issues that are being ignored. t 1 i I I I t 1 Cape Canaveral City Council 1 Regular Meeting Minutes ' February 15, 2000 Page 9 1 City Council Member — Larry Weber • Mr. Weber queried about the status of the AIA landscaping project. Mr. Gardulski reported on the multiple elements that need to be addressed. • Mr. Weber also queried about the proposed traffic light at International Drive. Mr. Gardulski responded that he has spoken with the County Engineer and FDOT. i City Council Member — Richard Treverton o Mr. Treverton commended Mr. Gardulski for the report on tree planting and expressed eagerness to start the actual planting. o Mr. Treverton suggested pursuing another P2000 grant for the street end of Center Street for another riverfront park, if possible. o Mr. Treverton expressed concern that overgrown vegetation and trees are obstructing intersection vision. City Council Member — Burt Bruns • Mr. Bruns commented that there is activity at Washington Park, and queried about the status. Mr. Gardulski reported that holes are currently being dug for trees in honor of Arbor Day. o Mr. Bruns reiterated his opinion that a legitimate site plan for the Villages of Seaport should be confirmed before further permits are issued. t i Building Inspector, Morris Reid, responded that the approved site plan was retrieved from microfilm and a copy received from the developer, and they coincide. Mr. Bruns queried about the affect of the approval as it relates to lack of construction over the past years. Mr. Reid responded that he does not know of a reason that the site plan should be invalidated. i Mayor Pro Tem — Buzz Petsos • Mr. Petsos commented on the Town Hall Meeting and expressed concern that citizens have an opportunity to hear about the meeting. He further suggested f' that the Canaveral Port Authority display visuals. • Mr. Petsos queried about the status of the City's master computer plan. Mr. Boucher responded that departments are currently submitting proposals for I inclusion. a x . f t I Cape Canaveral City Council i l Regular Meeting Minutes 1 February 15, 2000 Page 10 I j 1 Mayor — Rocky Randels i • Mayor Randels queried if the City is interested in pursuing any grant cost - sharing opportunities. Mr. Boucher clarified that big ticket items should be approved by Council first. Council concurred that most grants require cost sharing. • Mayor Randels distributed a green sticker that he would like Council to consider distributing with the Community Policing mail out and other information. Council concurred that staff should submit their ideas and costs as well for consideration of all items. • Mayor Randels shared a memorandum from a contractor expressing concern about items that should be on the building permits as well as other building concerns. There beinghcr business, the meeting adjoumed at 9:55pm. i • '-;_ , 0 CA%_ - c=i--Z.....Q 4 = Rocky Randels, MAYOR I Ai Sandra pth,, 047,1 CLERK 4 i E 3 i