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HomeMy WebLinkAbout05-06-1997 Regular MeetingCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 6,1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Crardulski Recreation Director, Nancy Hanson Ballpark Security (Tape 1, 53) Recreation Director, Nancy Hanson, Jack Schryer and Bruce Weber were present to report on the ballpark security issues. Mr. Hernandez queried if there has been a greater Sheriffs presence at the field since funds were allocated for patrol overtime, stating that he has not observed patrolling in the area. Mr. Schryer and Mr. Weber stated that they have not observed an increased sheriffs patrol, however, when called, the response is immediate. Further, Mr. Schryer stated that the park neighborhood is rough, but not a cause for over concern. He related there are always responsible adults present during organized recreational activities. Mr. Weber reported that there have been no adult problems, only juvenile, which is inherent. Mr. Schryer stated that when a former deputy was coming to the park, he gave Mr. Schryer his pager number which was very accommodating. Mr. Schryer commended Council for providing the Youth Center because it has proven to be an outstanding service for youth. Council concurred that the City Manager and Recreation Director are to follow up with the Mayor and report back to Council by memorandum on activities at the park and sheriffs patrol presence. Cassini Launch, Florida Coalition for Peace and Justice (Tape 1, 733) Bruce Gagnon, State Coordinator for the Florida Coalition for Peace and Justice, presented his organizations perspective that the Cassini Mission scheduled for October 6, 1997, is too dangerous. g \«ty aues a9moso6 -m.aoc 1 1 1 City Council Regular Meeting Agenda May 6, 1997 Page 2 He stated that the danger of carrying the amount of plutonium and the chances for disaster unacceptable. Mayor's Award - Time Warner Cable (Tape 1,1610) Mayor Porter presented a Mayor's Award to Mr. Noel Droor, Mr. Bill Suggs and Ms. Mercy Plago, Time Warner Cable representatives, for a Television Documentary Promoting the City of Cape Canaveral produced by them. INTERVIEW: 1. (Tape 1,1704) City Attorney, Kohn Bennett interviewed Charles L. Biederman as a prospective member to the Code Enforcement Board. Mr. Biederman is a 12 year resident of the city. Neither he nor any family member serves on other city boards. Mr. Biederman is member of the Citizens Observer Program. Mr. Bennett queried if Mr. Biederman reports code violations as a member of the COPS program. Mr. Biederman replied that there are occasions when code violations are reported. Mr. Bennett stated that in such an event that an issue is being considered by the Code Enforcement Board which he was involved in reporting, there is a potential for conflict and would require deference from voting in that case. However, the potential for conflict does not preclude Mr. Biederman from serving on the Code Enforcement Board. CONSIDERATIONS: 2. (Tape 1, 1806) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Tricon Development, Inc. request for a ninety (90) day extension to the Temporary Sales /Construction Trailer Permit at Sand Dunes Condominium. The motion passed 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. RESOLUTIONS: 3. Mayor Porter read Resolution No. 97 -11 by title. (Tape 1,1848) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Resolution No. 97 -11, inserting the names Nadena Easler and Richard Trevorton with terms to expire on May 1, 2000. There was no public comment. The resolution was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Mayor Porter read Resolution No. 97 -12 by title. (Tape 1,1886) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT 1 1 City Council Regular Meeting Agenda May 6, 1997 Page 3 AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN E1F1-(ECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97 -11, inserting the names Norman Boucher and Randall Byrd with terms to expire on December 15, 1998. There was no public comment. The resolution was approved 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - FIRST READING: 5. Mayor Porter read Ordinance No. 02 -97 by title. (Tape 1,1917) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M -1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A "'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem to approve Ordinance No. 02 -97 for second reading. City Manager, Bennett Boucher, explained that the Planning and Zoning Board and the Local Planning Agency recommended approval of rezoning the property located at 210 Center Street, owned by Time Warner Cable. The property is currently zoned R -3 with an office building. The request is made to make the zoning conform to the current use of the property. A 600 square foot addition is planned to house electronics and fiber optics. The Time Warner Cable application representative, Noel Droor, reiterated that the property has been used as an office building with the same use since 1982 and will remain the same use. The request for rezoning is required because a building permit can not be issued to accommodate the northside proposed addition because nonconforming uses nor nonconforming structures are not allowed to increase. Consequently, this is the only process available according to the City to be able to build the equipment storage room addition. Mr. Droor responding to Council query, stated that a second story addition nor tower construction is anticipated at any time in the future. Mr. Philip Norr, attorney representing an abutting property owner, spoke in opposition to the rezoning. He opined that an M -1 District is incompatible with the R -3 adjacent property owners' current and future land use. He further, stated that the Comprehensive Plan is violated by "not protecting the existing and future residential areas, and not protecting the residential neighborhood." Mr. Norr stated that approving this rezoning would set a precedent for allowing towers in M -1 districts. He further related that an existing tower is not a reason to bring M -1 zoning districts to encroach upon residential properties. Mr. Norr also stated that Time Warner may not always be the property owner and there are many other allowed uses within M -1 zoning that are not compatible with the neighborhood. 1 City Council Regular Meeting Agenda May 6, 1997 Page 4 Mr. Bill Suggs, representing Time Warner Cable, related that when the property was purchased, the tower was 500' high, whereas, it is currently 220', and will not be increased. Further, there are easements for all guidewires and tower related uses. He stated that the Building Official has related that there are no other methods than rezoning to allow them to build the proposed equipment room. There was no other public comment. Council concurred that the matter could be discussed further at the next public hearing. The ordinance was approved for second reading 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. 6. Mayor Porter read Ordinance No. 03 -97 by title. (Tape 1, 3338) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Randels to approve Ordinance No. 03 -97 for second reading. Mayor Porter related that the discussion on Ordinance No. 02 -97 pertained to Ordinance No. 03 -97 as well. There was no public comment. The ordinance was approved for second reading 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. ORDINANCES - SECOND READING: 7. Mayor Porter read Ordinance No. 06 -97 by title. (Tape 1, 3434) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY THE ADDITION OF A NEW SECTION 110 -482, UNDERGROUND UTILITIES REQUIRED, BY PROVIDING FOR THE CONSTRUCTION OF UTILTI'mES UNDERGROUND ON ALL NEW CONSTRUCTION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIIDNG FOR AN EF'F'ECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 06 -97. City Manager, Bennett Boucher, explained that this ordinance would require all new construction to place utilities underground. The Planning and Zoning Board recommended approval of this ordinance at their March 26, 1997 meeting. 1 1 City Council Regular Meeting Agenda May 6, 1997 Page 5 The ordinance was approved for adoption 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. 8. Mayor Porter read Ordinance No. 07 -97 by title. (Tape 1, 3546) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, ARTICLE II, COMMERCIAL DEVELOPMENT BOARD, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 22 -28, COMPOSITION; QUALIFICATIONS, BY AMENDING SUBSECTION (a) REDUCING THE NUMBER OF MEMBERS OF THE BOARD TO FIVE (5) REGULAR MEMBERS AND TWO (2) ALTERNATE MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 07 -97. There was no public comment. The ordinance was approved for adoption 5 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. DISCUSSION: 9. (rape 1, 3652) SR A1A Canal Bridge City Manager, Bennett Boucher, related that Stonier, Starmer & Associates have proposed a cost estimate of $58,200 to install a bridge on the east side of AlA, crossing the Canaveral Creek. Council consensus was to move forward with the project, including drafting an agreement for reimbursement funding from the Florida Department of Transportation. Mr. Petsos left the meeting at this time (8:55 p.m.). 10. (Tape 2, 698) Cape Canaveral/Cocoa Beach Joint Meeting Agenda Council concurred to hold the Joint Cape Canaveral City Council and Cocoa Beach City Commission meeting on May 28, 1997 at 6:30 p.m., including the following agenda items: • Existing program update • Capital Equipment Agreement • High School Resource Officer Update • Banana River Clamming issue • Reuse Water • Cassini/launch safety 11. (Tape 2, 964) Shuford Development's Request to Deed Roadways to the City City Manager, Bennett Boucher, explained that Shuford Development is requesting the City to take ownership of Imperial Boulevard, Brown Circle and Commerce Street. He related that the City has a policy of not accepting any roadway that does not meet City specifications. Recent examples are Cherie Down Lane and the entrance portion of Ocean Woods Boulevard. He related that if the City did accept the roadways, they would have to be repaired and brought to city specifications. The expense would be borne by the city or a special assessment invoked. He recommended that neither approach agrees with city precedent. Currently, Shuford Development is the owner and bears the liability of disrepair and responsibility for reconstruction. 1 1 1 City Council Regular Meeting Agenda May 6, 1997 Page 6 Mayor Porter queried if the county might take over Commerce Street. Ms. Judy Randels, resident, queried if the city could repair and bill the costs to the owner. Mr. Boucher responded that it could be done and processed through Code Enforcement. Council concurred to have the City Attorney research viable alternatives for reconstruction and assessing the costs to facilitate the city taking ownership. 12. (Tape 2, 2326 - Tape 3, 95) Mayor Porter opined that the City should provide free reuse water to Port Canaveral for the interchange landscaping because the aesthetic impact is directly beneficial to the City. Council concurred to allocate 100,000 gallons as requested by the Canaveral Port Authority, contingent upon the City of Cocoa Beach reducing their allocation from 750,000 to 650,000 per day. Further, reuse water would be provided at the same rate the City of Cocoa Beach charges its bulk customers or a reasonable rate recommended by our Public Works Director. Staff was directed to report to Council on these matters for further direction before responding to the Port Authority Request for Reuse Water letter, bearing in mind conceptual approval. 13. (Tape 3, 98) Zoning Code Fee Revision City Manager, Bennett Boucher, reported that the fee for zoning code applications have not been amended since 1983. He explained that comparisons have been made with other cites and the Building Official recommends increasing the fees from $100 to $250. Council concurred to place the item on the next agenda. REPORTS: City Manager, Bennett Boucher (Tape 3, 98) • Mr. Boucher reminded Council of the Board Appreciation Banquet that is being held at the Radisson on Saturday, May 10, 1997. AUDIENCE TO BE HEARD: No one in the audience requested to speak. REPORTS CONTINUED: City Clerk, Sandra Sims - No report. City Attorney, Kohn Bennett - No report. Mayor Pro Tem, Rocky Randels • Mr. Randels distributed a copy of the first edition of the Cocoa/Rockledge Press published by John Barnes. He noted the City News portion on page 4. 1 City Council Regular Meeting Agenda May 6, 1997 Page 7 • Mr. Randels reported that H.B. 103, Beach Renourishment Funding did pass in the legislature. Council Member , Tony Hernandez - No report. Council Member, Burt Bruns - No report. Mayor, John Porter • Mayor Porter opined that the Long Point Neighborhood Park should proceed with the natural plantings on the residential side of the property and playground equipment on the street side, including a 4' fence. He reiterated that the proposed concept is readily dismantled Wit proves to be less than positive for the neighborhood. ADJOURNMENT: The meeting adjourned at 10:25 p.m. A1"1'BST: Jo K. Porter, MAYOR