HomeMy WebLinkAbout04-21-1998 Regular Meeting1
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 21, 1998
7:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
INTERVIEW:
CONSIDERATIONS:
MINUTES
Council Members Present
Burt Bruns
Tony Hernandez (left at 8:27)
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
City Attorney, Kohn Bennett interviewed Jeffrey Ratliff for
membership as a regular member to the Code Enforcement Board.
Mr. Ratliff stated that he has been a Cape Canaveral resident since
May, 1997. Neither he nor any family members hold public office or
board membership with the city. He further stated that he understands
and will file a financial disclosure statement.
1. (Tape 1, 285) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the
March 3, 1998 Regular City Council Meeting Minutes. 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.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the March 17,
1998 Regular City Council Meeting Minutes. 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.
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City Council Regular Meeting Minutes
April 21, 1998
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2. (rape 1, 3240) A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to
approve the Engineering Services Agreement with Stottler Stagg & Associates, Inc. City
Manager, Bennett Boucher, explained clarification changes in the contract. He related that one
pre - application meeting is included in the engineering normal fee, however, subsequent
consultations will be charged at $70 per hour. Mr. John Pekar, was present representing Stottler
Stagg & Associates.
Discussion ensued concerning the past billing and collection issues causing the engineering firm
to provide services without being able to collect the funds due. Previously, contractors paid a flat
fee without the benefit of a pre - application conference which resulted in deficiencies in site plan
submittals. Since pre - application conferences have been submitted and applicants are notified
beforehand, that insufficient site plan submittal will cost additionally nor will permits be issued
without payment, the problem is resolved. Mr. Pekar related that the money still due the firm
does not impede its relationship with the city. There was no public comment.
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.
• (Tape 1, 1121) Mr. Hernandez was allowed to discuss his report item at this time due to his needed
departure. He reported that the Cuban Artists, Mendendez and Ferrer who visited the city earlier
in the year are returning to express their appreciation of the City of Cape Canaveral by donating
two paintings created in the city's honor. He explained that they are world known and their
paintings are valued in six-figures. Mr. Hernandez requested approval to coordinate an unveiling
ceremony at the library where they will be displayed. Council consensus was to approve the
unveiling event, providing food and non-alcoholic beverage.
• Mr. Hernandez reported that he has spoken with County Commissioner O'Brien and it appears
that the County may provide labor and some funding for bleachers and dugouts at Canaveral City
Park. He thanked Stottler Stagg & Associates for providing the rendering of the proposed
Ballpark/Recreation Complex. He stated that he will report further at the next meeting.
3. (rape 1, 1534) Mayor Randels explained that the Recreation Board prepared a short list to Name
the Park at 200 Long Point Road, however, Council may select from the entire list if desired.
Council consensus was to select from the short list provided by the Recreation Board. The three
names on the short list were: Columbia Park, Long Point Park and Patriots' Park.
Vote for each park was as follows:
Re -vote for each park was as follows:
Columbia Park: Bruns
Long Point Park: Salamone, Hernandez
Patriots' Park: Petsos, Randels
Columbia Park: 0
Long Point Park: 0
Patriots' Park: Salamone, Bruns, Hernandez,
Petsos and Randels
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4. (Tape 1,1985) A motion was made by Mr. Bruns and seconded by Ms. Salamone to approve
appropriating $44,516 to purchase two (2) Police Vehicles. City Manager, Bennett Boucher,
explained that Council has previously approved the purchase, this is to appropriate the funds
from cash carried forward. He stated that the Canaveral Precinct will only need to budget for two
(2) new vehicles in the 98/99 budget.
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.
RESOLUTION:
5. (Tape 1, 2062) Mayor Randels read Resolution No. 98 -08 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING AN ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to appoint One Alternate
Member to the Community Appearance Board, term expiring May 1, 2002, inserting the
name Alice Nielsen. 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.
6. (Tape 1, 2121) Mayor Randels read Resolution No. 98 -09 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Randels and seconded by Mr. Hernandez to appoint One
Regular Member to the Library Board, term expiring October 1, 2000, inserting the name
Leo Nicholas. 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.
7. (Tape 2223) Mayor Randels read Resolution No. 98 -11 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING HOUSE BILL 3499
AND SENATE BILL 820 BY ENCOURAGING GOVERNMENTAL ENTITIES TO MAKE PUBLIC
PROPERTIES AVAILABLE FOR SKATEBOARDING AND ROLLERBLADING AND BY PROVIDING
LIMITS ON LIABILITY WITH RESPECT TO GOVERNMENTAL ENTITIES AND PUBLIC EMPLOYEES
RELATIVE TO PERSONS WHO PARTICIPATE IN SKATEBOARDING OR ROLLERBLADING
ACTIVITIES ON PROPERTY OWNED OR LEASED BY THE GOVERNMENTAL ENTITIES; AND
PROVIDING FOR AN .EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Ms. Salamone to approve Resolution No.
98 -11. The motion failed 2 -3, with voting as follows: Ms. Salamone, For; Mr. Bruns, Against;
Mr. Hernandez, Against; Mr. Petsos, For; and Mayor Randels, Against.
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PUBLIC HEARINGS
ORDINANCES — FIRST READING
8. (Tape 1, 2902) Mayor Pro Tem Petsos read Ordinance No. 16 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHPATER 110, DIVISION 8, SWIMMING POOLS, SECTION 110 -581
CONSTRUCTION AND LOCATION, SECTION 110 -582 ENCLOSURE, AND SECTION
110 -584 MINIMUM SETBACKS OF THE CODE OF ORDINANCES OF THE CITY OF
CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EkJECTI VE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve
Ordinance No. 16 -98 for second reading. Mr. Boucher explained that Planning &
Zoning recommended approval at their March 11, 1998 meeting. There was no
public comment. 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.
DISCUSSION:
11. (Tape 1, 3098) Holman Road Extension Transfer from Brevard County to the City.
City Manager, Bennett Boucher reiterated that the County Commission wants to
deed transfer Holman Road to the City.
Earl McMillin, homeowner on Holman Road, appeared before Council. He reported
that although most homeowners are in favor of taking the road, it is not unanimous.
He requested authorization by council to pursue options for the homeowners.
Council concurred to support the homeowners taking ownership of the road.
Mr. Hernandez left at this time. 8:27 p.m.
9. (Tape 1, 3441 -Tape 2) Amending Section 34 -97, Dumpster Enclosures
Council concurred to adopt USA Waste's standards for 3 -sided dumpster screen
enclosures. Leo Nicholas, resident, expressed concern with USA Waste's cost for
drivers to get out of the trucks and open the gates.
10. (Tape 2, 396) Commerce Street
Ms. Salamone opined that the city should do .a special assessment and take
ownership of the street. Mr. Donald Haynes, property owner adjacent to the street
and Mr. Art Berger, also a property owner adjacent to the street, were present. Mr.
Berger stated that the special assessment issue is not the same as for public road
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assessments. City Manager, Bennett Boucher, recommended that the issue be
resolved in the same manner as Holman Road, among the adjacent property owners
and the property owners taking ownership of the road.
The meeting recessed at 9:17 p.m. and reconvened at 9:25 p.m.
Council concurred for Mr. Boucher to speak with Mr. Kruzeck, property owner of
the Post Office and land, then coordinate with the other two adjacent property
owners to work out a solution and report back to Council.
12. (Tape 2, 1802) Sign Ordinance Amendments
Mr. Boucher requested that Council set a workshop date to finalize the sign
ordinance discussion. Council concurred to set April 29, 1998 at 5:00 p.m.
13. Tape 2, 1911) Goals and Action Planning
Mr. Boucher requested that Council set a workshop date for Goals and Action
discussion. Council concurred to set April 29, 1998, after the Sign Ordinance
Workshop.
14. (Tape 2, 1976) MPO — Transportation Improvement Program Project List
Council concurred to request $1 million to construct a pedestrian crossover for
Al A.
REPORTS:
City Manager — Bennett Boucher
• Mr. Boucher reported that he has spoken to Florida Department of Transportation representatives
and they have agreed to notify the city of future signage proposals within the city. He related that
the proposed 82' Port directional sign will be discussed by the Port. He stated that Port
representative, Bill Ellis, is asking the Port to hold off until a meeting can be organized.
• Mr. Boucher reported that the City is hosting the Chamber of Commerce's Wednesday-
Friendsday on July 1, 1998. It will be held in the same location at the library.
• Mr. Boucher reported that the bids have been received for installation of reclaimed water lines
and installations for Phases II and M. He stated that the low bid, if accepted may provide funds
left to offset costs of backflow devices.
Audience
Leo Nicholas
• Mr. Nicholas, resident and Planning & Zoning Member, commended the Canaveral Precinct
Officers for parking at 307 Adams Avenue, becoming more visible in the area.
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• Mr. Nicholas queried if there is a written policy on citizen complaints. Mr. Boucher responded that
there is no written policy, however, most complaints are resolved within 5 -7 days.
Arthur Berger
• Mr. Berger, resident and contractor, stated that sewer lines are not available within 150' to his
proposed hotel and requested if it is permissible for him to connect to the City of Cocoa Beach's
sewer line to the Port Authority. Council concurred after discussion to research the issue for
options.
Council concurred to continue the meeting until 10:10 p.m.
City Clerk — Sandra Sims
No report
City Attorney — Kohn Bennett
No report
Council Member — Joy Salamone
• Ms. Salamone reported that the Cape View Elementary sprinkler system will be installed the
third week in June and volunteers are needed.
Council Member — Burt Bruns
• Mr. Bruns commended Recreation Director, Nancy Hanson, for utilizing the Recreation sign.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos reminded Council that Saturday, April 25, 1998 is the annual Trash Bash and requested
$100 to provide food for volunteers. Council concurred for the appropriation.
There being no further business, the meeting adjourned at 10:12 p.m.
Sandra ozar Sims, CITY CLERK
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Rocky Randels, YOR