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HomeMy WebLinkAbout03-05-1996 Regular MeetingCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida. TUESDAY March 5, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: MINUTES Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims 1. Larry Shaw, BRPH Engineering, and Commissioner Kennedy, Port Authority appeared before Council presenting the proposed improvements concept for Jetty Park. They reported that a conditional use will be required and preferred notifying Council of their intent before submitting the design to Planning and Zoning. The concept is designed to be resident- friendly and welcoming for day visits. Council expressed concern that the plan may be overly commercial. Commissioner Kennedy explained that the commercial areas will be primarily located on the jetty side of the park. Further, the park will be an excellent marketing tool for the port and Brevard County. He stated that the pier to be built is free standing and adjacent to the jetty. Council suggested that the port develop a local resident fee structure and while designing bike paths, keep in mind connecting to the proposed Ridgewood ped way. 1 1 1 City Council Regular Meeting Minutes March 5, 1996 Page 2 CONSIDERATIONS: 2. Ms. Shannon Wilson, Assistant County Attorney, appeared before Council to explain the proposed sales tax referendum proposal to fund jail construction. She explained that her purpose before Council is to poll cities to determine if they will opt out of receiving any of the tax funds. After extensive discussion, the Council reluctantly concurred to opt out (4 -1, Mr. Randels voting no). 3. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Supplemental Law Enforcement Contract for the Cops Fast Grant Deputy position. Commander Wilmer and Lt. Salvo were present to explain the contract. City Manager Boucher reported that the program returned $35,000 to the city and the additional funding can be absorbed into the budget. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to amend the contract to have paragraphs 4 and 5 coincide to payments of 12 months rather than 8, which does not change the total amount. The amendment was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Sheriff Miller withdrew his request for the city to fund and implement a Step -Pay Plan for Canaveral Precinct Employees. Commander Wilmer reported that funding had been obtained elsewhere and no action would be required from the Council. PROCLAMATIONS: 5. Mayor Porter read the proclamation for Fair Housing Month which will be forwarded to the appropriate agency. RESOLUTIONS: 6. Mayor Porter read Resolution No. 96 -11 by title. A RESOLUTION OFTHE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ENDORSING STATE HOUSE BILL 257 AND COMPANION STATE SENATE BILL 200e City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 5, 1996 Page 3 A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve the resolution endorsing State House Bill 257 and companion State Senate Bill 200. Resolution No. 96 -11 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. Mayor Porter read Resolution No. 96 -12 by title. A RESOLUTION OF'1HE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA SUPPORTING THE PLAN TO REDUCE SMOKING AMONG CHILDREN THROUGH REGULATION OF TOBACCO PRODUCTS (DOCKET NUMBER: 95N- 0253). A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the resolution supporting the plan to reduce smoking among children through regulation of tobacco products. Resolution No. 96 -12 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 8. Mayor Porter read Resolution No. 96 -13 by title. A RESOLUTION OF'1'HE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA REQUESTING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPLY FOR PRESERVATION 2000 GRANT FUNDS OR A SIMILAR GRANT TO EXPAND CHERIE DOWN PARK. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve the resolution requesting the Brevard County Board Commission to apply for P2000 Grant Funds or a similar grant to Expand Cherie Down Park. Resolution No. 96 -13 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 1 City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 5, 1996 Page 4 ORDINANCE: SECOND READING 9. Mayor Porter read Ordinance No. 03 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110 -493, ACCESS, BY AMENDING CHAPTER 110, ZONING, SECTION POINTS OF ACCESS PERMITTED ONTO ANY ONE STREET, PROVIDING A MINIMUM DISTANCE BETWEEN OPENINGS AND EXCEPTIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to adopt the ordinance Amending Section 110 -493, Access on its second reading. Mr. Nicholas queried if it is necessary to retain the statement in the ordinance that a residential lot of less than 125 feet may have a circle driveway with two points of access. Mr. Randels stated that he requested that it be put in because without it, a residential lot of less than 125 feet could only have one access point, eliminating the possibility of a circular drive. The last paragraph excludes all but residential, therefore, the statement may be confusing. A motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to amend the ordinance by striking that a residential lot of less than 125 feet may have a circle driveway with two points of access," inserting "that a lot for residential use of less than 125 feet may have a circle driveway with two points of access." The amendment was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. DISCUSSION: 10. City Manager Boucher illustrated that letters have been submitted in support of constructing the Ridgewood Avenue Ped Way. He related that the title search is being performed before moving forward on the project. Mr. Nicholas queried if a private drive may be used for emergency evacuating. Mr. Boucher stated that it may. 1 1 1 City of Cape Canaveral Regular Meeting Agenda March 5, 1996 Page 5 11. Council Member, Buzz Petsos, presented information on the cost for obtaining the double -wide trailer from McDonnell- Douglas for a youth center. He stated that McDonnell- Douglas will donate the structure and the maximum cost for moving the trailer should be no more than $2,000. Nancy Hanson, Recreation Director, stated that the cost for an electrical contractor will be greatly reduced or no charge. Mr. Petsos related that with publicity, volunteers and donations the youth center can be functioning in a short time. He requested that Council express a consensus for supporting the project before the move is made. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to utilize the trailer as a youth center, funding staff at $19,000 per year, realizing that the program will require ongoing funding for expenses and will not be self - supporting, even though it will have some off - setting revenue. REPORTS 12. City Engineers' Report Mr. John Pekar of Stottler, Starmer & Associates, the city's engineers, presented the 1996 quarterly report. Mr. Roy Cowle requested direction on the Community Appearance Board. Mr. Boucher related that the board will meet develop their rules and procedures. 13. City Manager's Report Mr. Boucher reported that concrete buried in the sand at the Applegate beach property was removed by Public Works. During the process, a automobile was found which was leaking petroleum. The FDEP were notified and the state will pursue the problem. Mr. Boucher reported that he and Michael Gluskin, Public Works Director, met with Hartman & Associates representatives for the Port Authority to negotiate for reuse for Jetty Park. Mr. Boucher reminded Council that the Employee Team Building Seminar they will be attending is being held tomorrow, Wednesday, March 6 from 9:00 a.m. to 4:00 p.m. Mr. Boucher commended Nancy Hanson, Recreation Director, for the Patriots' Day activities. Ms. Hanson stated that Coastal Fuel donated $500 toward expense of the parade and associated activities. City of Cape Canaveral Regular Meeting Agenda March 5, 1996 Page 6 Mr. Boucher reported that he spoke to county officials regarding impact fee reimbursement for construction of the sidewalk south of Central Boulevard. He explained that they will reimburse as the work is done. Mr. Nicholas requested a survey of the Central Boulevard right of way. Recreation Director's Report Ms. Nancy Hanson reported that the $20,000 county recreation grant must be spent within one year on ball park projects. City Clerk's Report Ms. Sandra Sims reported the mailing and postage rates for delivering the proposed citizen surveys. Mr. John Barnes, Cape Canaveral Press, was present and explained that the newspaper would be distributed to all residents excluding those apartments with no access to leave them. It was suggested that the condominiums and apartments could be notified through the list in the Clerk's office to devise a method to distribute the paper. Council consensus was to contact the condominiums and apartments, then publish the survey in the Cape Canaveral Press for distribution. Mayor Pro Tem Randels' Report Mr. Randels queried if the Council is still considering the "complex" idea of city buildings by closing streets, etc. Mr. Randels distributed brochures regarding the Florida Shores and Beach Conference for those interested in attending. Mr. Randels reported that he attended a meeting at the Port regarding businesses. Mr. Randels requested Mr. John Barnes to recognize the COPS program for their efforts in reporting burned out street lights which Florida Power & Light are in the process of repairing. Council Member Buzz Petsos Mr. Petsos extended his regrets for missing the Patriots' Day Parade as he was out of town. City of Cape Canaveral Regular Meeting Agenda March 5, 1996 Page 7 Council Member Leo Nicholas Mr. Nicholas queried why Cape Sierra is advertising nudity and alcoholic beverages. City Attorney, Kohn Bennett, stated that they are apparently switching back and forth on days. Mr. Nicholas stated that he and Mr. Randels are serving on the LPA, deciding on a comprehensive plan proposal. He queried if there is potential that they are jeopardizing their positions for serving in this capacity. Mr. Bennett replied that it is permissible for the to serve. Mr. Nicholas expressed concern that the Planning and Zoning Board approved a special exemption request for a fence at Orange /Polk Avenues. The applicant was not present; there was no proof that they lived there; nor was a safety hazard identified. He requested that fence ordinance exceptions be considered through the variance process rather than as a special exception. He requested that the issue be placed on an agenda. Council Member Burt Bruns No report. Mayor John Porter Mayor Porter reported that the City of Cocoa Beach wants to meet with the Community Development Board to discuss approaches to the A1A project. Mayor Porter requested that the proposed neighborhood park west of A1A be placed on the next agenda for determining a method to obtain the property. Mayor Porter requested that the Council initiate a date and agenda for a joint meeting with the Cocoa Beach City Council. Mayor Porter stated that he will accompany Kay McKee, Streets Foreperson, to select trees to be planted on Central Boulevard. 1 City of Cape Canaveral Regular Meeting Agenda March 5, 1996 Page 8 Mayor Porter reported that he conferred with representatives of Clark, Roumelis, our grant consultants regarding a multi- purpose field (soccer) on the ten acres obtained from the P2000 grant. He requested that they research to determine if the field can be used for that purpose. Council consensus was pursue another P2000 grant to ensure that a multi- purpose field will be provided for residents. ADJOURNMENT: 10 :10 p.m. Sandra 0. Sims, City Clerk 1 John K. Porter, Mayor