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HomeMy WebLinkAbout05-20-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 20,1997 7:00 P.M. MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Council Members Absent Burt Bruns PRESENTATIONS: 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 Gardulski Building Official, G. J. "Whitey" Moran Canaveral Precinct Commander, Major George McGee Mayor John Porter and Mayor Pro Tem Rocky Randels presented the Mayor's Award to Maggie Johnson, Maggie's Mini Nursery for her endless contributions and volunteerism to the city. They commended her specially for her tireless efforts in making the Board Appreciation Banquet an exquisite affair with lush plants and personal items. CONSIDERATIONS: 1. (Tape 1, 37) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the April 15,1997 Regular City Council Meeting Minutes. The motion passed 4 -0 with voting as follows: Mr. Bruns, For, Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. 2. (Tape 1, 112) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Stottler, Starmer & Associates Proposal to Design and Permit a Pedestrian Bridge in the amount of $12,200 with funding from Brevard County Impact Transportation Impact Fees. Mr. Randels stated that he has reviewed the scope of services closely and determined that it is justifiable. He queried, why is the bridge 8' wide, when the sidewalk is 5° wide? Mr. Petsos opined that it is possible to step aside from a sidewalk when pedestrians or Vcaps-nteityclerkkityclk\minutes\regular\1997\05-20-97.doe 1 1 1 City Council Regular Meeting Minutes May 20, 1997 Page 2 bicycles pass, whereas, it is not possible on a bridge. Further, people may tend to congregate on the bridge. The motion passed 4 -0 with voting as follows: Mr. Bruns, For, Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. (Tape 1, 487) Mr. Randels reported that a Voting Delegate to the Space Coast League of Cities is required. Mr. Petsos, serving as Vice President to the League, is an automatic voting delegate. Therefore, the city merits another voting person. A motion was made by Mr. Petsos and seconded by Mr. Bruns to appoint Mayor Pro Tem Randels as the city's voting delegate to the Space Coast League of Cities. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 4. (Tape 1, 569) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Interlocal Agreement with Brevard County to fund the design of a pedway along the east side of SR A1A. City Manager, Bennett Boucher, explained that the city has three possible construction options: to let for bid, use the county contractors or piggy -back with the Canaveral Port Authority. Mayor Porter suggested that pedway construction begin if it will not be affected by the Port's pending sewer line construction. The motion passed 4-0 with voting as follows: Mr. Bruns, For, Mr. Petsos, For, Mayor Porter, For and Mayor Pro Tem Randels, For. RESOLUTIONS 5. Mayor Porter read Resolution No. 97 -13 by title (Tape 1, 962) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE, A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve Resolution No. 97 -13, inserting the name Charles Biederman. There was no public comment. The Resolution was approved 4-0 with voting as follows: Mr. Bruns, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 6. Mayor Porter read Resolution No. 97 -14 by title. (Tape 1, 1008) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT 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. Bruns to approve Resolution No. 97 -14, inserting the names Bertie Edwards, Leonard Folcarelli and Pamela Tuscany Warren. There was no public comment. The Resolution was approved 4 -0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 1 1 1 City Council Regular Meeting Minutes May 20, 1997 Page 3 7. Mayor Porter read Resolution No. 97 -15 by title. (Tape 1, 1047) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE SCHEDULE OF FEES FOR ZONING PETITIONS, ORDINANCE AMENDMENTS, SPECIAL EXCEPTIONS, AND VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 97 -15. Mr. Randels expressed concern that the appeals cost is not being included for increase. Building Official, G. J. "Whitey" Moran, related that the most recent appeal cost the city over $5,000. Council concurred that $250 as opposed to the current $100 fee for appealing could deter frivolous appeal petitions. Mr. Hans Saurenmann, resident, stated that he is opposed to increasing the fee to appeal. He opined that persons with good reason to appeal should not be penalized by the appeal filing fee. There was no further public comment. An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to increase the appeal filing fee to $250. The .motion passed 40 with voting as follows: Mr. Bruns, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. The main motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - SECOND READING: 8. Ordinance No. 02 -97 (Tape 1, 1439) 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. City Manager, Bennett Boucher distributed a letter from the applicant requesting that the ordinances 02 -97 and 03 -97 be tabled until June 3, 1997. A motion was made by Mr. Bruns and seconded by Mr. Petsos to table both Ordinance Nos. 02 -97 and 03 -97 until June 3, 1997. City Council Regular Meeting Minutes May 20, 1997 Page 4 9. Ordinance No. 03 -97 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. DISCUSSION: 10. Construction of the east -west section of Tower Boulevard (Tape 1, 1542) Mr. Hunt Shuford, President of Shuford Mills and Cevesco, who owns Tower Boulevard, was present. Mr. Shuford stated that he thought the road was quit -claim deeded to the city in 1990. Mayor Porter stated that the city's policy has been all along that a roadway must be constructed in accordance with city specifications before the city can retain ownership and maintenance. Mr. Shuford asserted that his company is willing to commit $10,000 toward the Tower Boulevard construction, with the stipulation that the street be renamed after Mr. George Firkins. Public Works Director, Ed Gardulski, reported that the reconstruction cost is estimated to be $50,000, excluding curbing. Curbing will cost an additional approximate $16 per foot, or $12,000. City Manager, Bennett Boucher, reported that he has spoken to Mr. Krusak, owner of the Post Office Building (50% frontage of Tower Boulevard). He related that Mr. Krusak is willing to pay a front foot special assessment to reconstruct Tower Boulevard. Mr. Donald Haynes, owner of 22% of the property frontage, was present and expressed willingness to pay a special front footage assessment. Mr. Art Berger, owner of the remaining 28% of frontage, was not present to express his opinion of a special assessment. Mr. Hans Saurenmann, resident, opined that the Post Office is an asset and service to Cape Canaveral residents and the city should extend an effort to reconstruct the street. City Attorney, Kohn Bennett, stated that hard costs must be determined before a special assessment could be considered. He further asserted that it would be much less expensive to negotiate a settlement agreement, including financing the project with all the property owners, than for the city to retain a simultaneous ownership with a special assessment. Mr. Bruns queried, what is the status of the sewer lines along Tower Boulevard? Mr. Boucher stated that force mains were installed and the sewer lines are stable and have been deeded to the city. 10. Shuford Development's request to deed roadways to the City. (Tape 1,1542 - included in discussion above) 1 1 1 City Council Regular Meeting Minutes May 20, 1997 Page 5 10. Shuford Development's request to deed roadways to the City. (Tape 1,1542 - included in discussion above) Council rearmed that the city can take ownership of private roadways only when they meet construction specifications. 12. Mayor Porter read Resolution No. 97 -16 by title. (rape 1, 3468) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Porter and seconded by Mr. Petsos to approve Resolution No. 97 -16, inserting the name Dolores Stribling. The motion passed 40 with voting as follows: Mr. Bruns, For, Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. REPORTS: City Manager - Bennett Boucher (Tape 1, 3492 - Tape 2) • Mr. Boucher reported that the Telecommunications Ordinance draft will be presented to the Planning & Zoning Board at their next meeting. • Mr. Boucher reported that the Sheriffs draft budget has been received and requests $120,000 additional operating funds and $90,000 in capital funds. He suggested that Council schedule a workshop meeting to determine the level of service the city requires so an accurate budget can be ascertained and funded. • Mr. Boucher reported that Public Works Director, Ed Gardulski, has begun work on clearing the Canaveral Creek Canal. • Mr. Boucher commended the City Clerk and Deputy City Clerk on the successful Board Appreciation Banquet. Audience (Tape 2, 52) A resident commented that State Treasurer and Insurance Commissioner, Bill Nelson, is considering a proposal that can increase insurance rates in Brevard County up to 3000 %. The meeting will be held on May 29 and she encouraged Cape Canaveral representatives to attend. Council concurred that staff should research the matter and arrange for a Town Meeting, inviting the Honorable Mr. Nelson to address the insurance issues that affect Brevard County. (Tape 2, 242) Mr. Hans Saurenmann, resident, stated that Council should consider applying for Free Trade Zone status within the city. He opined that even though it is available to businesses now, they need to be informed of the opportunity. Council concurred to submit the issue for placement on the Commercial Development Board agenda. 1 1 1 City Council Regular Meeting Minutes May 20, 1997 Page 6 (Tape 2, 383) Mr. Leo Nicholas suggested that the Council submit a date for the Library Dedication date. Council concurred to propose July 2, in conjunction with the city's hosting the Chamber of Commerce Wednesday Friendsday event. City Clerk - Sandra Sims - No report. City Attorney - Kohn Bennett - No report. Mayor Pro Tem - Rocky Randels (Tape 2, 610) • Mr. Randels commended the new owners of Ocean Side Village (formerly the Landings) for their efforts renovating seven buildings that will be a finer asset to the city. • Mr. Randels announced that Norwegian Cruise Lines will be coming to Port Canaveral. • Mr. Randels reported McDonnell Douglas swept the entire Cape Area after the Delta Launch crash at their own expense and are expecting results of tests by September. • Mr. Randels reported that the Florida Department of Environmental Protection has an available grant for stormwater runoff. He stated that July 3, 1997 is deadline for submittal. He opined that this grant would be good for the Manatee Park in the event that the Cape Canaveral Hospital mitigation does not occur. Council Member - Buzz Petsos • Mr. Petsos expressed concern that the County is unable to change the timing for the School Crossing signal located on A1A for the last three days of school. He asked Major McGee if it possible to have a Deputy control traffic from the median in the event that the light can not be changed. Major McGee stated that he will try to locate the key to change the light, however, in the event that it can not be found, he will assure that the School Crossing area on A1A is controlled by a Deputy during the afternoon when school adjourns early. • Mr. Petsos commended the city for participation in the Keep Brevard Beautiful Trash Bash. Cape Canaveral was second only to the City of Satellite Beach. • Mr. Petsos suggested that Susan Stills, the Deputy City Clerk, should become a notary for the times when the City Clerk is absent or unavailable. Mr. Boucher responded that the Building Department Secretary and the City Treasurer are notaries, therefore, it would be superfluous. Council Member - Burt Bruns No report. Mayor - John Porter (Tape 2, 1101) • Mayor Porter stated that mowing and trash along west A1A is still maintained unsatisfactorily and driveways are being run over the edges. Public Works Director, Ed Gardulski, stated that he will take care of the matter. City Council Regular Meeting Minutes May 20, 1997 Page 7 There was no further discussion and the meeting adjourned at 9:05 p.m. An EST: ohn K. Porter, MAYOR 1 1