Loading...
HomeMy WebLinkAboutMinutes 05-02-2000 Regular CITY COUNCIL REGULAR MEETING i E CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida G TUESDAY May 2, 2000 7:00 P.M. MINUTES t CALL TO ORDER: t t ROLL CALL: Council Members Present Burt Bruns a i Richard Treverton Larry Weber 4 Mayor Pro Tem Buzz Petsos I Mayor Rocky Randels I t t Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Assistant City Clerk, Susan Stills t Public Works Director, Edward Gardulski t Building Official, Dennis Franklin fi. t I i PROCLAMATIONS: t t i Emergency Medical Services Week Mayor Randels read the proclamation. Mr. Jeff Gilliard, EMS Director of Coastal Health Systems of Brevard, received the proclamation and related that this proclamation reflects the daily work all of the professionals in the emergency service's field. National Public Works Week I ` Mayor Randels read the proclamation. Mr. Ed Gardulski accepted the proclamation on behalf of the City's Public Works Department. t National Healthcare Week and National Nurses Week Mayor Randels read the proclamation. The proclamation will be forwarded to the requesting organization. i t PRESENTATIONS: t t k E Mayor Pro Tem Buzz Petsos presented the Award given to Ed Gardulski and the Public Works Department on behalf of the American Public Works Association for t t I t t i i t E f 1 City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2000 Page 2 i the Sand Dune restoration project being awarded the Environmental Project of the Year. Mr. Boucher presented the Award given to the Public Works Department from the Public Works Association for their safety efforts. ORDINANCE — FIRST READING: ' t <Tape 1, 384 >Mayor Randels read the title of Ordinance No 06 -2000: I AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT AS PROVIDED IN CAP -00 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FROM R -1, LOW DENSITY RESIDENTIAL TO R-3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY k DESCRIBED AS PARCELS 251, 253 AND 255 IN SECTIONS 26 AND 27, TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT t TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR f REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I 1 Mr. Boucher explained that the LaChance family noted a zoning error on the I City's zoning maps regarding their property. Upon research staff found no ordinance or documentation on the lots in question and the properties have had R -1 zoning designation since the 1980's. They are requesting that the City re- zone the property to its rightful designation of R -3 zoning. The Planning and Zoning Board recommended approval, and after this first Public Hearing the ordinance would proceed to the Department of Community Affairs for review. Following review of any comments by DCA, the ordinance will have a second reading to amend the properties to R -3 zoning. Mr. John Porter, resident of Cape Canaveral, submitted and read a letter to City s Council regarding his family's view on changing their property's zoning. The letter reflected a change of consideration to amend the zoning of their family's respective property from R -1 to R -3 zoning. Mr. Porter read the letter that summarized his family's concern on the environmental impact of the zoning change. Mr. Porter explained his family's initial reasoning to change to R -3 zoning. He stated that if the Billie and Ed LaChance's property were sold in Tight of a change to R -3 zoning, it would dramatically change the quality of life in that E area. He stated further that if this were not a mistake by the City but any intent to change the zoning to R -3, his family would strongly oppose. However, he understands the LaChances position. He requested that Council omit the two i i i k t 1 City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2000 Page 3 Porter properties in its submittal to the Department of Community Affairs. Mr. Weber asked if this were Parcels 253 and 255. Mr. Porter affirmed. Mr. Porter clarified that there was a property connected to Mrs. Porter's commercial property that she wished to remain zoned R -3. Attorney Bennett explained that this is the amendment to the Future Land Use Map (FLUM) and the Future Land Use Map depicts the zoning Mr. Porter requests. He explained further that after approval and the Future Land Use Map is changed then designation will change on the zoning map. Mr. Porter asked for clarification on the lot number closest to the road. At this point the map was reviewed. Attorney Bennett stated that there would be no portion of Mrs. Jean Porter's property that would remain R -3 according to the City's map. He cited the property is C -1 on the front and R -3 on the rear. Attorney Bennett explained that if Mrs. Porter has a strip of R -3 property it needs inclusion, to prevent difficulties with the State in trying to increase density. Attorney Bennett was not aware of any strip of property currently zoned R -3. Mr. Porter referenced the letter and Mrs. Porter's desire to retain that strip as R -3 zoning. Attorney Bennett related to Council that the current zoning map shows all of Parcels 251, 253 and 255 zoned as R -1 that is a mistake. He related further that Mr. Porter desires to retain R -1 zoning on his parcels, however Mrs. Jean Porter is referring to an R -3 strip of property that is not depicted on the map. Mr. Todd Peetz explained that in order to comply with Mr. Porter's request Council could either amend the transmittal when it returns from the Department of Community Affairs or Council could do a Small Scale Plan Amendment if the portion of Mrs. Porter's property extends beyond the C -1 zoning. Mr. Porter restated his request of omitting Mrs. Porter parcel and returning again with more definitive information. Mayor Randels concluded that Parcel 255 could be deleted and the application would proceed on the other parcels. He also commended Mr. Porter on his stance to retain the residential zoning in opposition to probable financial gain. Mr. Lamar Russell asked for clarification on the proposed change. Mr. Peetz explained that what was done would keep the zoning contiguous in that area by retaining the R -1 zoned parcel. Mr. Russell expressed concern with possible spot zoning. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Ordinance No 06 -2000 deleting Parcel 255. Motion carried 5 -0: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. <Tape 1, 1222> Mayor Randels read Ordinance No 07 -2000 by title: { I r i City of Cape Canaveral, Florida City Council Regular Meeting Q May 2, 2000 t. Page 4 f AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SUB - PARAGRAPH (3) OF PARAGRAPH (a) SECTION 110- 470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Ordinance No. 07 -2000 for second reading. g Mayor Pro Tem Petsos expressed concern with no other provision for fence I applications and that removal of this paragraph might prove a hardship. Mr. Treverton queried the possible commercial uses of six -foot fence screening and how the deletion would leave no provision in any district. Mr. Lamar Russell explained that fence exemptions are the only one granted by the Planning and Zoning Board addresses. He expressed concern with a trend of six -foot fence applications. He noted that this is in opposition to an open seaside community. Mr. Russell responded that the commercial district has a four -foot height I t requirement. Mr. Treverton asked if the ordinance could be drafted to address residential district. Mayor Pro Tem Petsos expressed concern with the necessity I of fences in the beach end. A motion was made by Mr. Treverton and seconded by Mr. Weber to table 1 Y Y approval of Ordinance No. 07 -2000 until the next Regular City Council meeting. CONSIDERATIONS: 3. Approval of Minutes <Tape 1, 1556> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the meeting minutes of March 21, 2000 and April 18, 2000. Motion carried 5 -0: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; 1 Mayor Pro Tem Petsos, For; Mayor Randels, For. 4. Approval of Contract with Todd Peetz for City Planning Services. I <Tape 1, 1583> Mr. Boucher reported that Mr. Todd Peetz started his own 7 planning services firm and the Planning and Zoning Board recommends approval to retain Mr. Peetz's services due to his familiarity with the city. Mayor Randels queried his former employer's position on providing planning services as an It E individual. Mr. Peetz stated that Ivey, Harris & Walls were in favor of his retention of Cape Canaveral as a client. t r City Page of 5 Cape Canaveral, Florida , 1 , I I ii' City Council Regular Meeting May 2, 2000 E A motion was made by Mr. Weber and seconded by Mr. Bruns to enter an ll agreement with Todd Peetz of Planning Partnerships. Motion carried 5 -0: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. 5. Change Order with Carl Hankins, Inc. for Reclaimed Water Project — Banana River Blvd. Extension. <Tape 1, 1729> Mr. Gardulski explained that this change order is the second for E Phase III of the reuse project to extend the reuse line down Banana River Blvd. j Mayor Randels clarified that this project would extend to the Costa Del Sol condominiums. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to approve the change order with Carl Hankins, Inc. for the Reclaimed Water Project in the amount of $21, 481.91. Motion carried 5 -0: Mr. Bruns, For; Mr. 3 Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, I For. I I 6. Approval of DCA Drug Control & System Improvement Program f [ , Funds <Tape 1, 1829> Mayor Randels explained that the purpose of this action is for City Council to agree with the County Commission to apply for a State grant used t in the County. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to authorize a letter of approval for the use of Drug Control and System Improvements Funds to Brevard County Sheriffs Office. Motion carried 5 -0: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. RESOLUTIONS: r 7. Resolution No. 2000 -12, Appointing a Regular and an Alternate Member to the Beautification Board. <Tape 1, 1880> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to insert the name Judy Hale as the Regular Member and Elizabeth Mars as the Alternate Member. Motion carried 5 -0: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. r i i i t f i City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2000 Page 6 8. Resolution No 2000 -13, Appointing a Regular Member to the Recreation Board. f• <Tape 1, 1935> Mayor Pro Tem Petsos expressed concern with Mr. Berger's stance on grants for parks in the City. Mayor Randels restated Mr. Berger's position in removing property from the tax rolls. Mr. Leo Nicholas expressed his concern with Mr. Berger's philosophy on land use that appeared in opposition to the Recreation Board's goals. He further stated his concern with a person who does not support proliferation of recreational uses in the City. Mr. Treverton asked Council to take into account the amount of park land that needed planning assistance and to consider Mr. Berger's proven expertise in the area of development. Mr. Weber queried if Council could proceed with any grant for land purchases if the Board chose not to do so. Mr. Boucher explained the impact of the Recreation Board's supporting role in submitting for grant funds. On a final note in the discussion, Mr. Porter asked Council to consider the City's vision before voting on the appointment. A motion was made by Mr. Treverton and seconded by Mr. Weber to approve Resolution No 2000 -13 inserting the name Art Berger. The motion failed with voting as follows: Mr. Bruns, Against; Mr. Treverton, For; Mr. Weber, .Against; Mayor Pro Tem Petsos, Against; Mayor Randels, Against. y DISCUSSION: 9. Renaming Tower Boulevard to Thurm Blvd. <Tape 1, 2300> Council by majority agreed with the proposed action. Mayor Randels related that Mr. & Mrs. Thurm collectively served 40 years in various offices in Cape Canaveral. Mrs. Jan Lesser, former Cape Canaveral City Clerk, stated that naming a street after them would prove an honor. Mr. Porter commended Mrs. Leeser on her research. Mr. Boucher reported that Greg Mullins, Code Enforcement Officer, has set the name aside with the County 911 Emergency system. A resolution regarding the change will be placed on the next Council agenda. 10. Local Government Infrastructure Surtax <Tape 1, 2519> Mr. Boucher reported that if the one -cent tax were instituted the City would benefit by $575,000 per year for additional infrastructure in the community. He related the County's funding situation in light of its continued growth. The County Commission is asking if each municipality preferred to institute a one -half cent or one cent tax through a referendum, the period of time for the tax and should the Commission earmark the funds for specific or general use Mr. Bruns expressed concern with the County's process to increase funding City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2000 Page 7 L for infrastructure. Mr. Boucher related the benefits of the increase. Mr. Bruns responded that the capital expenditure workshop gave evidence of funding needs in the City. Mayor Pro Tem Petsos expressed that although he supported a referendum, he was not in favor of the County's approach to the tax process. He stated that research on the cause of development would have been preferable, but this will allow the voters to decide. Mr. Boucher will forward a letter to the County Manager supporting the referendum question of a one -cent tax over a five -year time period for general use to be determined by each municipality and County government. t REPORTS: I City Manager's Report i o The City of Cape Canaveral received a Certificate of Appreciation from the Brevard County School Board for School Business Partner of the Year with Cape View Elementary School. o Mr. Boucher met with Cape Canaveral hospital and received a tour of the facilities and gained insight into future hospital projects. o Mr. Boucher related the hospital's invitation to participate in the Grand Prix E in June. o Mr. Boucher reported on the draft status of the Stormwater Master Plan. He recommended that the St. John's Water Management District review the plan before adoption. o Mr. Boucher met with representatives of Avon -by- the -Sea regarding annexation and related their favorable views on City services. o Mr. Boucher reported on the status of applying for the P -2000 grant and related that the Center Street property will affect scoring due to the asphalt parking lot. He attempted to include the Devlin property however there is an interest of purchase. o Mr. Boucher announced that he was appointed President of the local City Manager's Association. AUDIENCE TO BE HEARD: o Mr. Russell clarified that the motion to table the fence issue would keep that item on the table until addressed again by City Council. Mr. Boucher recommended that Council relate its direction to the Planning and Zoning Board regarding fences after the next Regular meeting. o Mr. John Gonroff, Ridgewood Avenue resident, referenced the article to lift the ban on dogs on the beach. As a clean -up volunteer, Mr. Gonroff , [ encouraged Council not to lift the ban. City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2000 Page 8 CITY CLERK: 1 o Mrs. Stills announced the Board Appreciation Dinner on Saturday, May 6th CITY ATTORNEY No Report £' MR. WEBER: { o Mr. Weber thanked the 70 participants in the mangrove planting at Manatee Sanctuary Park on April 29 that included Pepper busting. He reported 46 bags of trash picked up between the Manatee and Banana River Park. MR. TREVERTON o No report MR. BRUNS o No report MAYOR PRO TEM PETSOS o Mayor Pro Tem Petsos asked for the status of a Computer Master Plan for all City Departments o Mayor Pro Tem Petsos queried the status of the Szapor lawsuit o Mayor Pro Tem Petsos questioned the continuation of the Building Department Forums. Mr. Franklin affirmed continuation o Mayor Pro Tem Petsos thanked the Mayor for distributing upcoming event information MAYOR RANDELS o Mayor Randels presented a proclamation from the County Commission to Mr. Boucher for serving as Chair on the Space Coast Mitigation Strategy Board. o Mayor Randels reminded Council of the Space Coast League of Cities dinner in Barefoot Bay on May 8th o Mayor Randels asked that staff take a look at the monthly report on the disbursement of funds from investigative costs. fi` , City of Cape Canaveral, Florida City Council Regular Meeting May 2, 2000 Page 9 o Mayor Randels related that Florida Power and Light requests I [ permission to publish the article on saving the woodpecker o Mayor Randels related the positive articles published in the Space Coast Press o Mayor Randels questioned the City Hall building status I o Mayor Randels announced the National Day of Prayer in the Xeriscape Park on May 4 at 12:15 P.M. o Mayor Randels reported that Sea Fest volunteers are needed A motion was made by Mr. Bruns and seconded by Mr. Weber to adjourn the meeting at Q}.PAA e -.?I's'' CI: 0 Rocky Randels, MAYOR L. Susarn,$t lls, AS I%Thr1T CITY CLERK 1 i 1 i 4 i i t i I x I t , 1