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HomeMy WebLinkAbout12-16-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 16, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: Council Members Present Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Attorney, Kohn Bennett City Clerk, Sandra Sims Nancy Hanson, Recreation Director Public Works Director, Edward Gardulski Council Members Absent Joy Salamone 1. (Tape 1) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the City Council Regular Meeting Minutes of November 20, 1997 and December 2, 1997. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. (Tape 1, #57) A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve State Revolving Loan Fund, Amendment #3. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. (rape 1, #149) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Extension of Permit for Temporary Construction Trailer, Discovery Bay. The motion passed 4- 0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 4. (Tape 1, #191) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the cooperative purchase of a bobcat backhoe attachment in the amount of $5,675 from Melroe Government Sales. Mr. Petsos queried for clarification that the local bobcat business was contacted. Ed Gardulski, Public Works Director, confirmed that they were contacted and could e\carolerx .y ,ues i9m12.16.97.doc 1 1 1 City Council Regular Meeting Minutes December 16, 1997 Page 2 not meet the price. Mr. Bruns stated that the smaller backhoe attachment will cause less damage when installing the reuse lines. He related also that some townhouses and like buildings will still be unable to connect to reuse because of their yard configurations and topography. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 5. Mayor Randels read Resolution No. 97-44 by title (Tape 1, 339). A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF AMARI, THERIAC & EISENMENGER, P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution No. 97 -44, including an amendment to the contract charging for incidental telephone conversation charges with the City Attorney. The motion passed 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 -45 by title (Tape 1, #601). A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THL CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EI ECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mayor Randels to approve Resolution No. 97-45, re- appointing Dave Kalm and Walter Bowman. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 7. (Tape 1, #823)Todd Peetz, City Planner, explained that the concept of the C -2 Zoning District was derived from the initial issue of vacant buildings in the city. He stated that businesses have inquired to establish sites along A1A, but was precluded due to the M -1 zoning. C -2 zoning would provide for both light industrial and commercial establishments, creating more flexibility. He further stated that a prior current concern remains that of reusing vacant buildings, more so than new development. Mr. Bruns stated that other coastal cities are tightening development restrictions. How would the C -2 zoning affect current restrictions? EAcityclerk \CityCIM IINUTEMEGULAR \1997\12- 16- 97.doc 1 1 1 City Council Regular Meeting Minutes December 16, 1997 Page 3 Mr. Peetz related that it would create no density impact, it only allows for more flexibility. He explained that R -3; multi - family districts provide more environmental impact. Mr. Bruns stated that the city can not support a large commercial population, would it not be better to maintain an industrial district that can support itself. He queried if the C -2 zoning would provide for more commercial transience. Mr. Petsos stated that he essentially agrees that industrial supports itself, however, the C -2 provides for both and is intended to exclude the need for special exceptions. Bea McNeeley, Planning & Zoning Chair, opined that industrial is not necessarily more stable than commercial enterprises. Jim Morris, business owner, stated that his business would immediately apply for the C -2 zoning if it passes. Mr. Peetz stated that the C -2 ordinance can be considered separately or in conjunction with the Evaluation and Appraisal Report Comprehensive Plan Amendment process, which will begin in March or April. Council concurred to incorporate the C -2 zoning district into the Evaluation and Appraisal Report process in March. 8. (Tape 1, #1975) Council Member, Tony Hernandez, presented a BallPark Concept for Council to consider. Mr. Hernandez explained that the complex could be constructed and funded in phases. John Pekar, Stottler, Stagg & Associates reported that the new lighting and fencing recently installed at the big ball field could be retained. He explained that cost estimates are vague because all the ideas are conceptual. However, he stated that the estimates are from $200,000 - $290,000. Mayor Randels stated that grant funds received for recreational facilities that may not be retained would have to be returned. Mr. Petsos stated that priorities must be determined including the Manatee Sanctuary Park, Banana River Park and Long Point Park. He also expressed concern about funding all the projects. Leo Nicholas, resident, opined that the park is a good concept, but questioned if the land is sufficient for all the proposed facilities. City Attorney, Kohn Bennett opined that a referendum for special taxing should be considered because it would likely be received well. Consensus was to go forward with the recreational complex concept with special focus on funding. E:lcityclerMityClic\ IINVrES \REGULAR11997\12- 16- 97.doc 1 1 1 City Council Regular Meeting Minutes December 16, 1997 Page 4 9. (Tape 2, #464) Mr. Bruns stated that the Community Appearance Board issues are with the procedures, not the members serving. He related that the board is not effective and queried if they need additional guidelines or if the concepts are not clear enough. He stated that the board might need to be abolished if it is only requiring additional steps for contractors and not working as anticipated. Jovan Barzelatto, former Community Appearance Board member and contractor, stated that the guidelines are unclear for the board and for contractors. He stated that the appearance standards are essentially limited to landscaping because criteria is so vague. He reported that he has six booklets of guidelines from other cities that the city may want to review and develop specifications for the board and contractors. He stated that the board review is held at the wrong time. It should be done in the preliminary phase, not after blue prints have been submitted. The drawings should be sketches of the conceptual design. Marilyn Rigerman, member of the former ad hoc committee establishing the Community Appearance Board, stated that legislation was passed requiring preliminary sketches. Bea McNeely, also a member of the former ad hoc committee establishing the Community Appearance Board, stated that it would not be wise to abolish the board. She opined that developers, knowing there is a Community Appearance Board, are more careful to submit aesthetically acceptable buildings. Mr. Barzelatto agreed, stating that Race Trac had initially planned to build their low -scale version. However, upon learning that there would be a Community Appearance Board review, chose the better model. City Attorney, Kohn Bennett, expressed concern with the board, querying if the board is over reaching its mandates. He stated that there are two alternatives. • A theme could be established, however, this is usually done with a newly incorporated city or within redevelopment areas. • Make certain ordinances say what is required in regard to landscaping, roofs, structures, etc. delineating differences in commercial and residential areas. He stated that the way the ordinance is drafted, it does not work. Leo Nicholas, resident, opined that the ad hoc committee would have been the best board membership. However, it is not possible because they are members of another quasi-judicial board. Council consensus was for staff, including the City Manager, Building Official and City Attorney submit a written scope of the problems and suggestions for making the board effective or for abolishing it by the next City Council meeting. E:lcityclerklCityClk\ MINUTES \REGULAR11997112- 16- 97.doc 1 1 1 City Council Regular Meeting Minutes December 16, 1997 Page 5 REPORTS: Acting City Manager — Sandra Sims (Tape 2, #1734) • FCT — Florida Communities Trust Grant for Banana River Park: Movement needs to be shown to secure an extension. • Clarification was quested that the Crossing Guard Christmas bonus cap is to be removed and that Wallace Homer is to receive the $325 Christmas bonus, equivalent to 21 years continuous service. Council confirmed that the bonus is to be equivalent to the number of continuous years served as an employee. • Weather — has caused dune erosion of about one foot per day • The tides have been high, but have not caused crossover structural damage yet • However, the sand fencing at Madison Ave. was destroyed • No flooding or drainage problems • Ed Gardulski has been in charge of interviewing with the various TV stations • Water line break — this afternoon at E. Central & Ridgewood caused by a sign installation. Repairs were completed by 5pm • Bids were advertised — will be opened January 6, 1998. • Mowing the treatment facility & lift stations • Re- roofing the Annex and City Hall • The Reindeer Run was a tremendous success despite the rainy weather. Kim McIntire, City Manager, Bennett Boucher's administrative assistant, directed a remarkable event and the city is able to contribute over $3,000 to the United Way as a result. Audience Leo Nicholas, resident and Planning and Zoning Board member, stated that residents will soon be pressuring the city to repair Commerce Street. He stated that it will have to be done sooner or later and it will be most advantageous to proceed without resident coercion. Council concurred to place the issue on the next agenda to establish a method, including facts and options to proceed with the street issue. City Attorney — Kohn Bennett None. Mayor Pro Tem — Buzz Petsos • Mr. Petsos commended Kim McIntire for her efforts in organizing the Reindeer Run to benefit the United Way. • Mr. Petsos queried about the status of the well testing for contaminants on the north end of the city. Mr. Gardulski stated that he is coordinating with the Florida Department of Environmental Protection to receive results from testing and share samples that will be taken by the Canaveral Port Authority to save money and to provide the same testing criteria. E:\ cityclerk \CityClk\MINUTES\REGULAR \1997\12- 16- 97.doc 1 1 1 City Council Regular Meeting Minutes December 16, 1997 Page 6 • Mr. Petsos requested that the 7 acres designated for the Banana River Park be designated as Recreational Zoning during the Evaluation and Appraisal Report compilation and submittal. Council Member — Tony Hernandez • Mr. Hernandez commended Kim McIntire for her coordinating efforts of the Reindeer Run for United Way. • Mr. Hernandez requested that staff obtain protocol criteria for the city's use of the library. He stated that it was difficult securing the library for the Tree Lighting ceremonies that was needed due to inclement weather. Council Member — Burt Bruns • Mr. Bruns expressed concern that mature palm trees were cut down at the Aerospace Business Center to locate a sign on A1A for Canaveral Cruise Lines. He related that he understands procedures were followed and there are no violations. However, he stated that the system is defective. • Mr. Bruns suggested that the city procure a live tree to be planted at Xeriscape Park for the annual Christmas tree lighting ceremonies, rather than purchasing a cut tree each year. Council concurred. Mayor — Rocky Randels None. There being no further business, motion was made by Mr. Hernandez and seconded by Mayor Randels to adjourn at 9:40 p n E:\ cityclerk \CityClk\MINUTES\REGULAR \1997\12- 16- 97.doc ccyn occi.„11Qs2.1. Rocky Randels, MAYOR