Loading...
HomeMy WebLinkAbout11-18-1997 Regular Meeting1 1 1 Call to Order: Pledge of Allegiance: Roll Call: Proclamations: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 18, 1997 7:00 P.M. MINUTES Council Members Present Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Mayor Randels read the World Aids Day proclamation, which will be mailed to Ray Sprayberry Mayor Pro Tem Petsos read the Great American Smoke Out proclamation, which was presented to Wendy Kirchner Mayor Randels read the Massage Therapy Awareness Month proclamation Council Member, Tony Hernandez, introduced world - renowned Cuban artists Aldo Menendez and Ivonne Ferrer. The artists were on location to photograph and paint the Columbia Shuttle launch. Both artists will donate paintings to the Cape Canaveral Library to acknowledge their appreciation for the hospitality shown them during their visit to Cape Canaveral. Public Hearings Ordinances 1. Mayor Randels read Ordinance No. 12 — 97 by title. (Tape 1, 220 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE SECOND SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97 -2, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS LOT 1, BLOCK A, SUBDMSION 01 IN RANGE 37, TOWNSHIP 24, SECTION 22; ALSO KNOWN AS 204 LONG POINT ROAD, CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS 0 FILENAME \* Lower\p \* MEROEFORMAT Og.\atyclk\minutes\regular \1997\11- 18-97.doc0 1 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 2 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 E1Tr,CTIVE DATE. A motion was made by Burt Bruns and seconded by Tony Hernandez to adopt the Ordinance approving the small-scale comprehensive plan amendment to allow a neighborhood park and playground for residents at Long Point Road and Columbia Drive. Mayor Randels explained that the city retained two attorneys to maintain an impartial view. City Manager, Bennett Boucher, explained that attorney, Patrick Healy, would be representing the city as the applicant on this request. Mr. Patrick Healy, reported that he is an attorney from Melbourne, located at 700 South Babcock Street. He explained that he has been retained to act as special counsel representing the City of Cape Canaveral in the proposed small-scale amendment to the Land Use Plan. He reported that Mr. Todd Peetz has been retained as an expert in the field of land use planning. Mr. Kevin Markey, representing the City Council, an attorney from Merritt Island, located at 410 West Merritt Avenue. Mr. Healy swore in Mr. Todd Peetz as a witness. Mr. Markey queried Mr. Peetz on his professional and educational background as follows: Employed by the planning firm, Ivey, Harris & Walls as the City Planner. He has a B.S. degree from Kent State University in geography with proficiency in Urban Planning and a Masters degree from Ohio State University in City Regional Planning. He was previously employed by Brevard County in Comprehensive Planning for seven years and through the county was contracted through interlocal agreement by the City of Cape Canaveral to prepare the city's Evaluation and Appraisal Report of the Comprehensive Plan. Since leaving the county, he has done several other Evaluation and Appraisal Reports and Comprehensive Plan Amendments for other entities, including small-scale plans and other related issues. He related that he assisted the City of Cape Canaveral with the preparation and transmittal of the Evaluation and Appraisal Report for the City of Cape Canaveral in February 1997 which was a two year process of reviewing the comprehensive plan for consistency and testing it to establish where it is today. Mr. Peetz was the chief consultant on the project. In the capacity as planner, Mr. Peetz affirmed that he is familiar with the statutory criteria for a small-scale comprehensive plan amendment. He also verified that he reviewed this specific application and determined that it is in compliance and consistent with F.S. 163, the state comprehensive plan and F.A.C. 9J -5. Mr. Markey further queried if Mr. Peetz prepared a written analysis of the data used in forming his opinion. Mr. Peetz affirmed that he had. He related also that the property at issue is located at Range 37, Township 24, Section 22, Subdivision 01, Block A, Lot 1, located on Long Point Road approximately 250 feet west of State Route Al A. Mr. Markey requested that Mr. Peetz review his written findings for the audience. Mr. Peetz related that in the Public Services and Facilities in the amendment area, there would be no negative impact to road level service, water, sewer or solid waste; relative to the Environmental Habitat, this parcel had been previously improved. Thus, there is no environmental habitat impact. There are no known historical and archaeological 1 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 3 resources on the site; there is no projected change to population projections because it is a park; and it is consistent with the Comprehensive Plan Objectives 1, 3, 4 and 6 as well as to recreation and open space objectives R-3 and R-4. Mr. Peetz opined that in both cases of objectives, the city has defined an appropriate need to develop this park as well as identifying a need to maintain or surpass the existing level of service. Mr. Healy queried if Mr. Peetz had prepared any maps with the components of the analysis depicted? Mr. Peetz replied in the affirmative. Mr. Healy opined that the record should include, with the application, all the attachments as well as approximately sixty letters from citizens in support of the application. Mr. Peetz commented in closing, that the comprehensive plan recreation and open space element equates that a neighborhood park to be a half -mile radius in all directions. Public comments were taken at this time. Hans Saurenmann, 200 International Drive, #202, Mr. Saurenmann commented that he likes the park there for a number of reasons. He related that his problem is why, after the fact, the ordinance is just now being amended. Claire Muncie Harris, Columbia Drive, spoke in strong favor of having the park. Tammy Dilberto, Columbia Drive, spoke as a parent and neighbor spoke in strong favor of a park because of the traffic on Columbia Drive. Micelle Lehr, 210 Long Point Road, representing Long Point Drive residents, presented a written response from their attorney, citing the closing paragraph: The undersigned residents believe it is inappropriate for the City of Cape Canaveral, in the middle of pending litigation, to request that the Land Use Map be amended until pending litigation is determined. Apparently, the City of Cape Canaveral realizes the inconsistency of issuing permits and proceeding with park improvements on land that is inconsistent with its Comprehensive Plan and violation of Chapter 163 F.S. The undersigned residents request the City of Cape Canaveral defer taking further action on this Comprehensive Land Use Plan and implement its present Land Use Plan which shows and reveals other land designation for possible park land acquisition and comply with the Comprehensive Plan and provide for recreation facilities on these lands to accommodate the needs of the City of Cape Canaveral. She stated that that are 14 reasons directly from the Comprehensive Plan for objecting to the use of this particular land. She reiterated that they are not against children or a park, recreation facility or neighborhood park for the children on the west side of Al A. She maintained that the park was illegally instituted from the beginning. She stated that the issue presently before the court, which has not come to terms, is based on whether the objecting parties to the park received a fair hearing before the Board of Adjustment. Thus, if the court decides they did not receive a fair hearing, then it would be up to the Board of Adjustment to re -hear the entire issue under the circumstances as they were at that time. She related that they believe the entire issue should be postponed until the court has made a ruling. There was no further public comment. 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 4 Mr. Healy informed Council that the owner of the property at issue, Ms. Culberta Mosher, has indicated that she does support the City's effort to have the designation changed. The only testimony that has been heard thus far of any evidentiary value is that of the City's expert and that he clearly testified, based on his analysis, background, training and experience that the application is consistent with the City's Comprehensive Plan. The letter presented by the opponents stated in summary fashion in numerous places that the application is inconsistent with various portions of the state statutes, the comprehensive plan and 9J -5 of the Florida Administrative Code. However, they are only conclusory allegations. There is no evidence supporting those allegations in the letter, nor has any been offered to the city. This application will promote policies in the Comprehensive Plan as testified to by the expert, Todd Peetz. The fact that it improves the level of service for recreation does not imply in any way that it is inconsistent with the comprehensive plan. It is an enhancement of the goal. Mayor Pro Tem, Buzz Petsos, queried for affirmation from Mr. Healy that the comprehensive plan is a "living" document and that from 1992 to 1997 circumstances have changed and now we are looking at a future land use. Mr. Healy responded, "Absolutely, and the statutes contemplate this kind of amendment." Small scale amendments have a more simplified procedure because the legislature recognizes that amendments have to be made to adjust to the realities of changed circumstances, and each of those amendments should not justify a tremendous hurdle that requires Department of Community Affairs review as this one will not. Comprehensive Plans are planning documents, which should be changed to adjust with circumstances. Council Member, Tony Hernandez, queried Mr. Peetz about the number of allowable amendments each year. Mr. Peetz responded that the Future Land Use Map can be amended twice each year, however, there are no limits to the number of amendments for small-scale amendments, only the amount of land accumulated in a year (up to 60 acres). Council Member, Burt Bruns, queried if there is any impact on such things as grants that are tied to amendments or changes to the Comprehensive Plan. Mr. Peetz responded that when applying for grants, the request must be in conformity with the Comprehensive Plan and it would not adversely impact this particular project. Mayor Randels requested clarification of how this issue is to be considered. Mr. Markey responded that Mr. Healy can comment, but the task as he sees it is to determine whether the application is consistent with the requirements of F. S. 163 for amendments, that being that it is consistent with the city's own comprehensive plan, the state's comprehensive plan and Rule 9J -5 F.A.C. If it is found consistent, the obligation is to grant the application. Mayor Randels stated that Council understands that the minimum amount of recreation space has been met as stated in the comprehensive plan, the city is merely providing more recreational space. 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 5 Mr. Healy stated that enhancing the level of service does not mean there is an inconsistency with the plan, especially being a marginal increase. Mr. Markey stated that there is no harm in exceeding your goals. He stated that as Mr. Peetz has testified, the application is consistent with the comprehensive plan, the development of the area as a park would not adversely affect any level of service or any requirement the city is obligated to review according to the Comprehensive Land Use Plan Act. Mr. Petsos reminded Council that part of the required process was review by the Planning and Zoning Board and the Local Planning Agency. Both Boards recommended approval. Council Member, Tony Hernandez, related that he appreciates the Long Point residents' letter, however, it was not written by an expert or with specific issues adverse to the Comprehensive Plan. Glen Booker, Long Point Road, stated that an attorney who is an expert wrote the letter. Ms. Lehr clarified that an expert witness is not required because the facts were presented directly from the Comprehensive Plan. She stated that the facts from the comprehensive plan serve as expert witness. There was no further discussion. The motion was unanimously carried 4-0 to approve Ordinance No.12 -97 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. The meeting recessed at 7:48 p.m. and reconvened at 7:55 p.m. 2. Mayor Randels read Ordinance No. 14 -97, by title. (Tape 1, 1580) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONING, BY AMENDING SECTION 110 -137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Buzz Petsos and seconded by Burt to adopt Ordinance No. 14 -97 which provides for zoning amendments procedures to be the same as Florida Statutes. City Attorney, Kohn Bennett, explained that this ordinance is a housekeeping procedure to maintain conformity with Florida Statute requirements. The motion passed unanimously 4 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. Mayor Randels read Ordinance No. 15 -97 by title. (Tape 1, 1661). 1 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 6 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 50, OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADOPTING A NEW SECTION 50-4, OVERNIGHT CAMPING PROHIBITED, BY PROVIDING FOR THE PROHIBITION OF CAMPING WITHIN THE STREET RIGHTS OF WAY, BEACH ENDS AND DUNE CROSSOVERS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Tony Hernandez and seconded by Burt Bruns to introduce Ordinance No.15 -97for public hearing and adoption on December 2, 1997. The motion passed unanimously 4 -0 with voting as follows: Mr. Bruns, Mr. Hernandez, Mayor Pro Tem Petsos and Mayor Randels. Resolutions: 4. Mayor Randels read Resolution No. 97-42 by title. (Tape 1, 1927) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE (1) DELEGATE AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to table Resolution No. 97 -42 until the December 2 meeting after the new Council Member has been sworn in. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. Mayor Randels read Resolution No. 97-43 by title. (Tape 1, 2058) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENTERING INTO AN AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES WITH USA WASTE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Resolution No. 97-43. Mr. Tim Fadul, USA Waste representative, was present to answer questions and affirm proposed changes to the resolution. Following extensive discussion, the resolution was approved 4-0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 6. Mayor Randels read Resolution No. 97 -41by title. (Tape 1, 3552 — 2) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL MEMBER TO SERVE UNTIL, THE NOVEMBER 1998 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. 1 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 7 Council concurred to consider the appointment based on the letters submitted requesting to serve as Council Member. Each person was given an opportunity to speak on their own behalf for consideration. The following persons submitted their names for appointment: Leo Nicholas, James O'Toole, Joy Salamone, Hans Saurenmann, and Richard Treverton. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 97-41, appointing Joy Salamone as successor Council Member. The resolution was approved 4 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. Considerations: 7. (Tape 2, 687) A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the September 23, 1997, Final Budget Special Meeting Minutes and the September 16, 1997, Regular Meeting Minutes. The motion passed 4 -0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 8. (Tape 2, 790) Mayor Randels explained the concept of the Juvenile Assessment Center and the reasons a donation is needed to initiate the program. Council concurred that the issue should be postponed until Commissioner Helen Voltz can appear at the meeting. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to table the issue until the December 2, 1997 meeting. The motion passed 4-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 9. (Tape 2, 1222) A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to approve the Employee Christmas Bonuses, removing the cap for the School Crossing Guards. The motion passed 4 -0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 10. (Tape 2, 1421) A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve State Revolving Loan Fund, Amendment #1 Reclaimed Water Reuse Facilities. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For, and Mayor Randels, For. 11. (Tape 2, 1531) A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the Transportation Impact Fee Disbursement Agreement with Brevard County in the amount of $60,000 for the SR A1A pedway project. Mr. Petsos suggested that staff prepare a news release advertising that the pedway project is funded by the County. The motion passed 4-0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. 12. (Tape 2, 1679) A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve the Outdoor Entertainment Permit for the 2nd Annual Reindeer Run and Walk scheduled for December 13, 1997. The motion passed 4 -0 1 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 8 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 13. (Tape 2, 1722) A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve the Land Lease with the Canaveral Port Authority for the Internal Improvement Trust Fund Land. The motion passed 4 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. Reports: City Manager — Bennett Boucher • Mr. Boucher reported that the pedestrian bridge is finished and queried when Council would prefer to schedule a ribbon cutting. Council concurred to schedule the ribbon cutting after the sidewalks are constructed. • Mr. Boucher reported that he would write a news article regarding garbage and sewer rates since misinformation was rampant during the recent political campaign causing numerous calls of concern from the speculation that rates would be increasing. Audience Mr. Roland Carlson, resident, expressed concern that he has not been granted an exception to the code allowing him to have garage sales from a warehouse. City Attorney, Kohn Bennett, explained that no one is allowed to speak in regard to the issue because of the litigation initiated by Mr. Carlson on this matter. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett • Mr. Bennett queried Council to ascertain if a closed- session meeting should be held to strategize how to respond to the Long Point Park settlement proposition. Council concurred that they would speak individually with him rather than calling a closed- session meeting. • Mr. Bennett reported that the court heard the Fairvilla Video Code Enforcement Board appeals last week and a written order should be received within two weeks. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried when the port is planning to start the beach renourishment project. Mr. Boucher responded that it would be after the first of the year. • Mr. Petsos suggested that Council approach the County to reconsider instituting the bicycle helmet law proposed by the State. 1 1 City Council Regular Meeting Minutes November 18, 1997 PAGE 9 Council Member — Tony Hernandez • Mr. Hernandez suggested that the pedestrian bridge be named in honor of former Mayor, John Porter. Staff is to research the legal requirements for naming the bridge. Council Member — Burt Bruns No Report. Mayor — Rocky Randels • Mayor Randels reported that the City received a certificate of appreciation from Cape View Elementary. There being no further business, the meeting adjourned at 9:55 p.m. Sandra ozar Sims, CITY CLERK Rocky Randels, MAYOR