Loading...
HomeMy WebLinkAbout07-01-1997 Regular Meeting1 CITY COUNCIL REGULAR MEETING QTY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Secretary, Susan Chapman Public Works Director, Edward Gardulski Council Members Absent Mayor John Porter 1. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the May 20,1997 Regular City Council Meeting Minutes. An amending motion was made by Mr. Bruns and seconded by Mr. Petsos to delete the last sentence of item #10 on page 4. The amending motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For, and Mayor Pro Tem Randels, For. The main motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the June 3,1997, Regular City Council Meeting Minutes. The main motion passed 4 -0, with voting as follows: Mr. Bruns, For Mr. Hernandez, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the June 17, 1997, Regular City Council Meeting Minutes. The main motion passed 4-0, with voting as gAcur , 199 \O7.O197.doo 1 1 1 City Council Regular Meeting Minutes July 1, 1997 Page 2 follows: Mr. Bruns, For Mr. Hernandez, For, Mr. Petsos, For, and Mayor Pro Tem Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the June 20, 1997, Special City Council Meeting Minutes. The main motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, and Mayor Pro Tem Randels, For. 2. City Manager, Bennett Boucher, reported that research has continued on the Pedestrian Bridge Design Concept. He stated that a wooden bridge would be more cost effective than a steel bridge. The approximate cost for a steel bridge is $75,000 opposed to $36,000 for a wooden bridge. City Engineer, John Pekar, reported that he met with Chief Engineer, Ralph Brown of the St. Johns River Water Management District (SJRWMD) and he related that the agency has no concerns for permitting, nor a preference for the type of bridge. He also stated that Jack West of the Florida Department of Transportation (FDOT) will approve either bridge and can issue a permit within 30 days. He stated that the contractor for the wooden bridge can construct the bridge within approximately 2.5 weeks. Public Works Director, Ed Gardulski, advised that either bridge would require essentially the same amount of maintenance. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve a wooden pedestrian bridge design. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, and Mayor Pro Tem Randels, For. 3. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Temporary Permit Extension for Tricon Development, Construction Trailer. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For Mr. Petsos, For, and Mayor Pro Tem Randels, For. 3. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Cooperative Purchase of Playground Equipment for Long Point Neighborhood Park with Cedar Grove, in the amount of $7,711.02. Mr. Hernandez reported that the plaintiffs attorney, opposing the park, requested that the city not proceed out of concern that the city could be left with $7,000 in playground equipment. Mr. Petsos commented that the city could use the equipment throughout the city in various parks. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mr. Petsos, For, and Mayor Pro Tem Randels, For. 5. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the School Resource Officer Agreement with the City of Cocoa Beach, in the amount of $4,618.34. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, and Mayor Pro Tem Randels, For. G: \CityCIk\MINUTES\REGULAR \1997\07 -01- 97.doc 1 1 1 City Council Regular Meeting Minutes July 1, 1997 Page 3 RESOLUTIONS 6. Mayor Pro Tem Randels read Resolution No. 97 -19 by title A RESOLUTION OF THE CITY OF COCOA BEACH AND CITY OF CAPE CANAVERAL, FLORIDA ADDRESSING THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION, PROPOSED RECLASSIFICATION OF WATERS TO PERMIT COMMERCIAL CLAMMING IN AREAS WITHIN AND ADJACENT TO THE CITY OF COCOA BEACH AND THE CITY OF CAPE CANAVERAL, FLORIDA. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 97 -19. Mr. Randels explained that the resolution expressed joint opposition to the Florida Department of Environmental Protection's proposal to permit clamming in areas within the City of Cape Canaveral and the City of Cocoa Beach. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, and Mayor Pro Tem Randels, For. DISCUSSION: 7. City Manager, Bennett Boucher, explained that the Canaveral Port Authority is requesting Reuse Water and the terms of an agreement need to be established. Following extensive discussion, the following criteria was established as terms for an agreement: • Cost terms shall be the same as stated in the Port/Cocoa Beach Agreement. • Sites where reuse water will be pumped must be determined. • What quantity will be needed to allocate to all sites. • 100,000 gallons per day will be allocated for interchange use only. 8. City Manager, Bennett Boucher, reported that the Planning and Zoning Board and the Local Planning Agency have proposed a C -2 Zoning District along the A1A corridor. Extensive discussion ensued. Council concurred that the issue must be thoroughly considered during workshop session before expending the major costs of advertising an ordinance that may not pass because the change may not be necessary at this time. REPORTS: City Manager - Bennett Boucher • Mr. Boucher reported that the pedway design has been submitted to the Florida Department of Transportation (FDOT). • Mr. Boucher reported that the drainage ditch is essentially cleaned and already mowed. G: \CityClk M1NUTES\REGULAR \1997\07- 01 -97.do 1 1 1 City Council Regular Meeting Minutes July 1, 1997 Page 4 • Mr. Boucher reminded Council that the Library Dedication will be held on July 2, 1997 at 5:00 p.m. prior the Wednesday - Friendsday function hosted by the City at 5:30 p.m. • Mr. Boucher reported that the Police/Fire signs are ready for the July 4th weekend. AIJDIENCE TO BE HEARD: Art Berger, resident Mr. Berger requested Council opinion regarding development at the north end of the city. He queried if a development order that would permit phased hotel construction could be considered. He related that he would like to build an advanced professional suite hotel catering to the business industry rather than tourism (no bar /restaurant). Mr. Berger further proposed that he would like to commit 5 acres to construct 100 units, then build the additional 50 units and will pay for permits up front if required. Building Official, G. J. "Whitey" Moran, stated that he is familiar with development orders and out of at least 30, only one failed to complete the project. City Attorney, Kohn Bennett, stated that a binding development order could be implemented by deed restrictions. He also opined that it would be a win/win situation for the City. If for some reason the 50 additional units were not constructed, it would provide less density and more green space on very expensive land. It would require an ordinance amendment to Sec. 122 -01, reducing the certificate of occupancy requirement to 100 units and a development order. Council concurred to direct Mr. Berger's request to the Planning & Zoning Board to consider an ordinance amendment. urt Francis, resident Mr. Francis reported that he had a bad experience with the Code Enforcement Board. He stated that he does not agree with the procedures. He stated that 5 days is not enough notice to appear before the board as he was unable to attend the night of the meeting. Mr. Francis had submitted a letter requesting that his case be tabled since he was going to be out of town. He stated that the board reviewed the letter and held the public hearing without his presence. He opined that he should be entitled to appear before the board to demonstrate his position. Council concluded that staff should respond to Mr. Francis' May 22, 1997 letter requesting postponement. Council may attend the next Code Enforcement Board Meeting on July 17, 1997. Council Member -Burt Bruns No report. Council Member -Tony Hernandez No report. Council Member -Buzz Petsos D:\ cityclerk \CityClk\MINUTES\REGULAR \1997\07 -01- 97.doc 1 1 1 City Council Regular Meeting Minutes July 1, 1997 Page 5 • Mr. Petsos queried if the Sheriffs Department walls have been painted. • Mr. Petsos queried if Sheriff's Deputies are writing their reports at the Youth Center desk provided for that purpose. A Sheriffs Deputy representing Major McGee responded that the noise level is too high and distracting for officers to use the area for report writing. • Mr. Petsos opined that there should be more activity and presence of the Sheriffs Department at the Youth Center. • Mr. Petsos stated that transients have been sleeping under the crossover on Madison and queried why it took over four nights after the first report for a Sheriffs Department response. He questioned whether the crossover areas are being policed. • Mr. Petsos suggested that the City prepare a proclamation supporting the St. Johns River nomination as an American Heritage Rivera • Mr. Petsos reported that three resolutions were presented to all cities at the Space Coast League of Cities meeting. Two resolutions were submitted by the City of Titusville opposing nudism at Playalinda Beach, the third was a resolution was regarding topless clubs. Council concurred that the City should not become involved in those issues. The City of Cape Canaveral's current ordinances are more restrictive than the County's. • Mr. Petsos distributed a list of possible skateboard ramp sites in the City of Cocoa Beach that was submitted by Mayor Joe Morgan. Mayor Pro Tem -Rocky Randels • Mr. Randels reported that he attended the ribbon cutting ceremony for the Tourist Development Council located at Sheldon Cove. • Mr. Randels reported that the Brevard Metropolitan Planning Organization (BMPO) meeting is scheduled for July 21, 1997. The BMPO's priority list has been distributed to all Council Members mail. City Attorney -Kohn Bennett • Mr. Bennett reported that the Planning & Zoning Board is continuing to review the proposed Telecommunications /Antenna Ordinance. He encouraged Council Members to attend the meetings. There was no further discussion and the meeting adjourne :30 p.m G: \CityClk\MINUTES\REGULAR \1997\07- 01- 97.doc p, John K. ' oriel:, MAYOR