HomeMy WebLinkAbout01-06-1998 Regular Meeting1
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 6,1998
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
Council Members Present
Burt Bums
Tony Hernandez
Joy Salamone
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
1997 Holiday Beautification Awards
Residential - John and Jill Blizzard
Multi- Family - Sea Era Sands
Commercial - Sunseed Food Co -Op., Inc.
CONSIDERATIONS:
1. (Tape 1, 187) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the
City Council Regular Meeting Minutes of December 16, 1997. The motion passed 5 -0, with
voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem
Petsos, For; and Mayor Randels, For.
RESOLUTIONS:
2. (Tape 1, 202) Mayor Randels read Resolution No. 98 -01 by title.
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City Council Regular Meeting Minutes
January 6, 1998
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA
SUPPORTING'I'HE FLORIDA LEAGUE OF CITIES INC.'S, CONSTITUTION REVISION
RESOLUTION.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 98-
01. Mayor Randels explained that this resolution supports a number of issues illustrated in the
League of Cities' resolution. The resolution was approved 5 -0, with voting as follows: Ms.
Salamone, For Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor
Randels, For,
DISCUSSION:
3. (Tape 1, 279) City Manager, Bennett Boucher, explained that he wrote letters to the property
owners abutting Commerce Street explaining the City's position regarding reconstructing
the street. He related that Mayor Randels has met with the property owners to arrange for a
settlement agreement that will cost the owners substantially less than a special assessment.
Mayor Randels requested that City Council defer action until the January 20 meeting to
provide an opportunity for the settlement agreement to be resolved. However, consensus
should be made to present an action plan to reconstruct the street in the event that the
settlement agreement fails.
Kohn Bennett, City Attorney, stated that the City must own the road before a special
assessment can be pursued. He related that the owner of the street, Shuford Mills, must
submit written consent to turn the street over to the City. Further, the dedication will have
to be approved by the Planning & Zoning Board before Council can proceed. It was clarified
that the City Engineers must review the specifications for the street re- construction
regardless of the settlement agreement.
Consensus was to prepare an agenda item for the January 20 Regular Meeting to accept the
settlement agreement or to proceed with special assessment information and for presentation
of the street dedication to the Planning & Zoning Board.
4. (Tape 1, 753) Community Appearance Board
Bennett Boucher, City Manager, reported that he has spoken to a number of people and the
concurrence is that the City should persevere and develop definitions and guidelines that
make the board members' responsibilities clearer and provide them with appropriate
information to facilitate their decision - making.
Mr. Hernandez, Council Member, commended the board for their progress using Roberts
Rule of Order .
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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.
Ms. Salamone, Council Member, queried if the applicants who have already appeared before
the Community Appearance Board have been surveyed. Mr. Boucher responded that
builders and developers initiated the concern. Ms. Salamone also asked what the purpose of
the board is. She stated that the goal or purpose is not stated in the ordinance. Mr. Boucher
responded that the impetus was avoiding aluminum buildings being constructed, particularly
on AlA.
Mayor Pro Tem Petsos stated that the Council's intent was not for contractors to go
through more unnecessary processes. However, the board is needed and should receive the
attention it deserves to make it effective, whether it is by amending the ordinance to provide
better guidelines, providing better information before the meeting or changing the timing of
the review.
Richard Treverton, Community Appearance Board Chair, stated that he does not have a
strong opinion about when the appearance review should be considered. He stated that he is
strongly against reviewing single- family homes, both new construction and renovations.
Nadena Easler, Community Appearance Board Member, stated that other members should
be recruited from builders and developers.
Kohn Bennett, City Attorney, stated that duties could be given to another board or staff. He
opined that current members are the only reason to keep the board, and proposed that the
Planning & Zoning Board should take on the duties of the Community Appearance Board.
Leo Nicholas, Planning & Zoning Member stated that he is concerned with the order in
which projects are being reviewed. He related that the appearance review was intended to
be before substantial amounts of money are spent. He queried how the process was taken
out of sequence, being reviewed after Planning & Zoning. Mr. Boucher responded that the
Building Official interpreted the ordinance to require the appearance review after Planning
& Zoning. Mr. Nicholas stated that staff should not be given this responsibility because they
do not necessarily have the same interest as a resident board member.
Beatrice McNeeley, Planning & Zoning Chair, queried if ex-officio people could be utilized
from outside the city to serve on the board.
Council concurred that starting immediately; the Community Appearance Board shall
review project applications before being submitted to the Planning & Zoning Board
Arthur Berger, resident and contractor applicant, queried, "what information will be
required for the Community Appearance Board application, full site drawings or conceptual
drawings ?"
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She also expressed concern that board members were instructed not to visit the actual sites
presented in their packets for review.
Council concurred that a workshop meeting shall be scheduled for January 27, 1998 at 5:00
p.m. to reconsider the procedures and expectations of the Community Appearance Board.
All past applicants, ad hoc committee members, city builders and developers, and all city
board members are to be invited to attend and participate in the workshop discussion.
Mayor Randels instructed City Council to come prepared to the meeting to resolve the
issue.
REPORTS: (Tape 1, 2592)
City Manager — Bennett Boucher
• Mr. Boucher reported that the Canaveral Port Authority has informed him that the sand
renourishment project is scheduled to begin the third week in February.
• The port sewer line that will run through the City to Cocoa Beach is scheduled to begin within
two weeks. The line will be located on the east side of AlA and sidewalks will be installed behind
the construction.
• Mr. Boucher proposed that the next Volunteer Project could be on North Atlantic north of
Central to Oak Lane, from Oak Lane to the south portion of the Applegate property or along the
old post office property on both sides of North Atlantic. Mr. Petsos stated that the area along A1A
where the former Rich's Restaurant is located would be a viable area.
Audience
Leo Nicholas, resident and Planning & Zoning Member, queried if there is a way to determine if
Canaveral Precinct Officers are making arrests or issuing citations outside the City as a result of
utilizing the Indianapolis Plan. He opined that if so, the City should receive some reimbursement.
City Clerk — Sandra Sims
No report.
City Attorney — Kohn Bennett
No report.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos stated that the City Council Room Telephone does not work and should be repaired.
He related that a cell phone had to be used at a recent meeting to contact an applicant expected to
attend. He requested that a cell phone usage report be prepared and submitted to Council.
• Mr. Petsos reported that Channel 24 recently aired a promotional video for the Canaveral Port
Authority that was quite impressive. He requested that the City obtain a copy. Mayor Randels
stated that he could obtain a copy from the Port Authority.
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• Mr. Petsos suggested that City Council consider planning a joint meeting with the Canaveral
Port Authority, such as the joint meetings held with the City of Cocoa Beach. He stated that it
would be a good gesture and excellent cooperative platform to coordinate and anticipate mutual
concerns.
Council Member — Tony Hernandez
• Mr. Hernandez reported that landscaping improvements are underway and a positive step for the
longstanding inferior appearance of an adult entertainment establishment property located in Avon -
by- the -Sea along AlA.
• Mr. Hernandez stated that the manager of the United Bank, Rick Harris, indicated that they would
be receptive to upgrading the Welcome to the City of Cape Canaveral sign on A1A adjacent to
the bank.
Council Member — Burt Bruns
• Mr. Bruns queried when there will be more reuse connections installed. Ed Gardulski, Public
works Director, responded that parts have been ordered and installations will proceed upon their
arrival. He reported that lines have been installed from the Water Reclamation Plant to the Manatee
Park and down Washington Avenue. He also reported that a Hartman & Associates representative
would attend the January 201 meeting to discuss phases II and III.
• Mr. Bruns commended Greg Mullins, Code Enforcement Officer, for his immediate response
and handling of a citizen complaint recently.
Council Member — Joy Salamone
• Ms. Salamone queried if Code Enforcement is still scheduled periodically on weekends. She
stated that a local business establishment is operating a business beyond the scope of the
occupational license permit by occupying the parking lot with vehicles and items for sale. Mr.
Boucher responded that the Code Enforcement Officer works one Saturday of each month and is
scheduled for January 17, 1998.
Mayor — Rocky Randels
• Mayor Randels distributed an article depicting an apartment building in Oakland Park that fire
destroyed because it did not have firewalls. He stated that this illustrates well the reasons the City
must enforce its building code requirements.
• Mayor Randels distributed an article regarding Titusville's new ordinance providing for citing
unlicensed contractors. Council concurred that staff should research the issue to possibly consider
instituting a like ordinance.
• Mayor Randels distributed a country report demonstrating the costs for providing Emergency
Medical Service (EMS) and suggested that the City might be due some reimbursement because
we provide Advanced Life Support (ALS) and there is no cost differentiation allocated.
• Mayor Randels commended Greg Mullins, Code Enforcement Officer, for attending flood
school in Maryland. He reported that Mr. Mullins' certification provides the City's residents with a
10 percent discount on flood insurance. He stated also that the federal government funded his
course attendance.
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There being no further business, the meeting adjourned at 8:38p.m.
Sandra Rozar Sims,C.ITY CLERK
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Rocky Randels, MAYOR