Loading...
HomeMy WebLinkAbout03-04-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY, March 4, 1997 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: MINUTES Council Members Present Council Member Absent Burt Bruns Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Deborah Haggerty Barker Building Official, G. J. "Whitey" Moran Public Works Director, Edward Gardulski Sheriff's Dept., Corporal Bob Barry Tony Hernandez Walter Bandish, Chief Operator assisted by June Clark, Plant Foreperson, presented concepts for approaching the first phase of the Water Reclamation Program. CONSIDERATIONS: 1. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the City Council Regular Meeting Minutes of February 18, 1997. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. (Tape 1, 2387) 2. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Agreement with Brevard County for the disbursement of transportation impact fees for the West Central Boulevard sidewalk, in the amount of $13,979.44. The agreement was approved 4 -0 with g.\ cityclkl minuts \regulai\19971O3- 04- 97.doc 1 1 City Council Regular Meeting Agenda March 4, 1997 Page 2 voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. (Tape 1, 2415) PUBLIC HEARINGS ORDINANCE - FIRST READING: 3. Mayor Porter read Ordinance No. 02 -97 by title. (Tape 1, 2546) AN ORDINANCE OF'1'HN; CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE V, NONCONFORMITIES, BY AMENDING SECTION 110 -193, NONCONFORMING STRUCTURES; PROVIDING AN EXCEPTION TO THE PROHIBITION OF ENLARGING NONCONFORMING RESIDENTIAL STRUCTURES ON NONCONFORMING LOGS OF RECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Beatrice McNeeley, P &Z Chairperson, spoke in favor of the proposed ordinance which would allow compounding of Nonconforming Structures on Nonconforming Lots. She explained that allowances would only be given to extend existing nonconformities with restrictive safeguards that would not allow free reign to construct. Mr. Hans Saurenmann, resident, spoke in opposition of allowing further nonconformities to structures on nonconforming lots. Mr. Leo Nicholas, P &Z Board Member, spoke in opposition of the proposed ordinance explaining that allowing further nonconformities could cloud the definitions of nonconformity and defeat the intent of the ordinance. Mr. Kohn Bennett, City Attorney, related that it is unfortunate that the initiators are not present to explain clearly the rationale behind the proposed ordinance. He explained that the proposed ordinance is legally defensible, but it does tend to erode the city's intent to make an ordinance strictly limiting. Mr. G. J. "Whitey" Moran, Building Official, related that there has been one request this past year and one in 1995 to extend an existing nonconformity, illustrating that there is not a great need to accommodate in this manner owners of older homes on nonconforming lots. A motion was made by Mayor Porter and seconded by Mr. Bruns to approve Ordinance No. 02 -97 for second reading. The motion failed 4 -0, with voting as follows: Mr. Bruns, Against; Mr. Petsos, Against; Mayor Porter, Against; and Mayor Pro Tem Randels, Against. 1 1 City Council Regular Meeting Agenda March 4, 1997 Page 3 DISCUSSION: 4. City Manager, Bennett Boucher, explained that there have been complaints of animals being allowed on the beach. He related that Mr. Tom Seeley, who is present at this meeting, is interested in leading a group of volunteers to patrol the beach. Corporal Barry related that the ATV will be patrolling more often now that the weather is warming and the Citizens on Patrol can start patrolling the beach as well. (Tape 1, 3499 and Tape 2,1) 5. City Manager, Bennett Boucher, explained that the city reviews the status of the General Fund Balance Reserves, planning for future programs and projects. City Treasurer, Ms. Deborah Haggerty Barker, explained that the projects designated from reserves are all tied into the 5 -year Capital Improvements Plan Budget. She related that the auditors verified the total unreserved, undesignated fund balance available for 1996 -1997 as $1,314,358. Total funds not specifically earmarked are $52,896. Mr. Leo Nicholas reminded Council that the Canaveral Creek must be cleaned to mitigate litigation. He related that the cost was estimated at $50,000. Council concurred that the $52,896 should be earmarked for clearing the canal. (Tape 2, 252) 6. Mayor Pro Tem, Rocky Randels, received Council's individual selections of their Legislative Priorities for 1997. (Tape 2, 766) REPORTS: City Manager - Bennett Boucher • Mr. Boucher reported that comprehensive plan amendments can not be submitted to the DCA until the Evaluation and Appraisal Report (EAR) has been approved. Therefore, the C- 2 ordinance recommended by the Planning and Zoning Board can not be considered at this time. • Mr. Boucher reported that he has discovered through research that there is a master right- of-way use ordinance in force by other cities and counties. He related that the city does have jurisdiction of roads passing through the city even though the city does not own them, for instance the proposed Port Canaveral sewer line to Cocoa Beach. Further, use of the rights -of -ways can be regulated by franchise agreement. He stated that FDOT's intent when issuing permits is that all concerns are met by the government right -of -way affected are met, which includes requiring jack and bores at every road when installing underground structures (pipes or wires). • Mr. Boucher reported that the Manatee Sanctuary Park Management Plan has been approved and closing on the property should be within two weeks. Because the closing can be held anywhere, consensus was to hold a ceremonial closing. Mayor Pro Tem Randels and Mr. Boucher will determine the site and details. 1 City Council Regular Meeting Agenda March 4, 1997 Page 4 • Mr. Boucher reported that the Department of Community Affairs (DCA) has approved the Emergency Management Grant for storm shutters and an electrical generator for the Annex. Papers have been received and it is anticipated to have the installations before hurricane season. • Mr. Boucher reported that an estimate has been received for installation of ceiling insulation for the Annex renovation in the amount of $4,655. Council consensus was to approve the purchase, confirming best estimate administratively. Audience Mr. Hans Saurenmann, resident • Mr. Saurenmann explained that he is concerned that there are no procedures for the general public to be able to place items of concern on an agenda for consideration by Council. He suggested that the City consider using the same procedure as the County of submitting a form which states that a certain person will appear before Council regarding the named topic. Council concurred to schedule the Audience to Be Heard issue for discussion at the next meeting. • Mr. Saurenmann requested that Council consider amending the Building Permit Ordinance to limit building permits to only six months to preclude violators who continue taking an inordinate length of time to construct buildings, causing blighted areas in the city. Mayor Porter responded that Mr. Saurenmann's intent is well taken and understood. On the other hand, that is why the ordinance was recently amended to allow a three year restriction because larger developments need the extended time. Mr. Leo Nicholas, resident • Mr. Nicholas queried if Florida Power & Light (FPL) will allow the city to install street light replacements and bill them. Mr. Boucher responded that FPL will not allow other entities to change streets lights due to liability issues. • Mr. Nicholas opined that the Wastewater Treatment Plant Laboratory should have been included for renovations and expansion. Mr. Boucher responded that the lab is receiving new cabinetry. Council concurred that Mr. Nicholas should meet with Mr. Boucher and Mr. Gardulski to determine if renovation is needed. Mayor Pro Tem - Rocky Randels • Mr. Randels queried about the status of Commerce Street road disrepair and the city's role in talking to the businesses to have it repaired. He also asked, "what is the city's policy on receiving ownership and maintenance of a private street ?" Mr. Boucher related that the city will accept a street if it is constructed according to and still meets city code. • Mr. Randels queried if the entrance drive to the Post Office on Commerce Street has been patched? Mr. Boucher responded that it has not. 1 1 1 City Council Regular Meeting Agenda March 4, 1997 Page 5 • Mr. Randels queried if the city has purchased more water conservation kits for distribution to interested residents. Mr. Boucher responded that more have been purchased. • Mr. Randels distributed a brochure which states certain measures such as providing "green space" and maintaining drainage canals (Canaveral Creek) the city can take to improve the residents' flood insurance rating. • Mr. Randels distributed an article from St. Johns River Water Management District (SJRWMD) for grant funding programs. • Mr. Randels reported that two public hearings will be held regarding NASA's new launch vehicle which he will be attending. • Mr. Randels reported that enough beach renourishment expenditure invoices have been located to provide grant reimbursement for dune sand fencing. • Mr. Randels reported that the Keep Brevard Beautiful Committee has a xeriscape grant available for which a non -profit organization within the city can pursue, such as the VFW. The deadline for filing is May 9, 1997. Mayor Porter related that he will spearhead volunteer work force to help implement a project if funded. City Clerk - Sandra Sims • No report. City Attorney - Kohn Bennett • No report. Council Member - Buzz Petsos • Mr. Petsos requested that staff research the deed status of land at the Northeast corner of North Atlantic and Harbor Drive which was to have been Quit -Claim Deeded to the city for use as a city pool facility. • Mr. Petsos queried about the status of markers which are to be placed by the county on the west side of North Atlantic Avenue sidewalks? Council Member - Burt Bruns • Mr. Bruns commended the Sheriffs Department, Canaveral Precinct for their recent activities. Mayor - John Porter • No report. 1 1 City Council Regular Meeting Agenda March 4, 1997 Page 6 The meeting adjourned 8:40 p.m. ATTEST: Sandra 1ozar Sims, CITY CLERK