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Home My WebLink About05-05-1998 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 5, 1998 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES Council Members Present Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski Council Members Absent Joy Salamone Mayor Rocky Randels PRESENTATION: Anne McElroy, Special City Employee Mayor Pro Tem Petsos and City Clerk, Sandra Sims presented Ms. McElroy a key to the City and commended her for her outstanding performance as a School Crossing Guard. CONSIDERATIONS: 1. (Tape 1, 77) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Outdoor Entertainment Permit for the July 1, 1998 Wednesday- Friendsday at the Cape Canaveral Library. The motion passed 3 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For and Mayor Pro Tem Petsos, For. 2. (rape 1, 131) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Reclaimed Water Project Phases II & III Bid Award in the amount of $498,005 to Dial Communications. Funds are to be appropriated from sewer impact fees, less any grant funding. The motion passed 3 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, and Mayor Pro Tem Petsos, For. \ ape - tyclerIttyclk\mma 19981os- os- 98.doc 1 City Council Regular Meeting Minutes May 5, 1998 Page 2 3. (Tape 1, 1146) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Oak Lane project in the amount of $9,357 as follows: 75 feet, Oak Lane roadwork: $6,056 General Fund/Street Repair Account 264 feet of sidewalk: $1,476 Capital Project Fund Landscaping: $1,825 Beautification Fund This project is to provide improved safety for vehicle and pedestrian traffic. Beautification is a bi- product of landscaping the area and an important facet of the city's mission. Officer Perry commented that the improvements will help deter transients from harboring in the treed area. The motion passed 3 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, and Mayor Pro Tem Petsos, For. RESOLUTION: 4. (Tape 1, 2036) Mayor Pro Tem Petsos read Resolution No. 98 -11 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No. 98 -11 inserting the name Leo Nicholas, for term to expire on September 15, 1999. The motion passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Pro Tem Petsos, For. ORDINANCE — FIRST READING 5. (Tape 1, 3121 -Tape 2) Mayor Pro Tem Petsos read Ordinance No. 17 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34 -97, DUTIES AND RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Ordinance No. 17 -98 for second reading. There was no public comment. The motion passed 3 -0, with voting as follows: Mr. Bnins, For, Mr. Hernandez, For, and Mayor Pro Tem Petsos, For. ORDINANCE — SECOND READING 6. (Tape 2, 123) 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 \\ Cape- nt\cityc1erk \Cityclk\MIIQu'rEs \REGULAR \1998 \05 -05- 98400 1 1 1 City Council Regular Meeting Minutes May 5, 1998 Page 3 110 -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 EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No. 16 -98. There was no public comment. The ordinance was adopted with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Pro Tem Petsos, For. DISCUSSION: 7. (Tape 1, 348) Commerce Street Mr. Boucher reported that Mr. Kruzek was unable to make contact with the appropriate representatives from the U.S. Post Office. He is attempting to establish an agreement on how to spend the $40,000 appropriated by the Postal Service for Commerce Street reconstruction. He explained that they are trying to make a good faith effort because they realize they are 90- percent of the problem. Mr. Boucher will report back to Council. REPORTS: City Manager — Bennett Boucher • Mr. Boucher reported that the county has a committee that requires a representative from each contributing entity regarding jail impact fees. Council concurred that the City Manager should be the City's representative. • Mr. Boucher reported that the City has received a letter from the Canaveral Port Authority confirming that the signs on A1A are being modified in accordance with the City's request. • Mr. Boucher reported that Council needs to schedule a Goals Workshop Meeting. Council concurred that the City Clerk shall email each Council Member with two or three proposed dates. • Mr. Boucher stated that the City Attorney is starting the proposed sign ordinance and suggested that community forums be held before introducing the ordinance for adoption. Council concurred. • Mr. Boucher reported that he and Mayor Randels attended a Mayors' and City Managers meeting hosted by the City of Titusville's. The meetings will continue for the purpose of working on legislative and cooperative purchasing issues. Audience Leo Nicholas • Mr. Nicholas, resident and Planning & Zoning Member, queried Major McGee regarding the alleged drive by shooting in the city. He expressed concern that it may be drug related. Major McGee stated that the shooting was not a drive by, it was the result of a previous dispute over a female. The person has been identified and has a criminal history. \\ Cape- nt\ cityclerl ACityClk\M1NUTES\REGULAR \1998 \05 -05- 98.doc 1 1 1 City Council Regular Meeting Minutes May 5, 1998 Page 4 Jean Simoes • Ms. Simoes, new resident, Shorewood, queried how she could get the name of State Legislators. City Clerk, Sandra Sims, responded that she would provide the information. • Ms. Simoes expressed concern that the unoccupied house north of Shorewood would attract transients to the area. Code Enforcement will investigate. Beatrice McNeeley • Ms. McNeeley, resident and Planning & Zoning Chair, queried about the status of the Tree Points Ordinance. City Manager, Bennett Boucher, responded that it will be on a future agenda. City Clerk — Sandra Sims • Ms. Sims reported that she will provide a written report regarding Elections and Vacancies created by the Resign to Run Law as instructed by Council for a future agenda in preparation for a possible referendum. City Attorney — Kohn Bennett No report Canaveral Precinct Officer — Ernie Perry • Officer Perry reported on the Community Policing Activities. He related that they have been very busy interacting with the community in events such as: • Trash Pickup • Ocean Potion Suncare — donations to Fire and Police • Bulletin Board at the Library • Ghost Out at Cocoa Beach High School • Joint venture to provide Space Camp Scholarships for two sixth grade students at Cape View • Bike Rodeo • They are seeking more grants to facilitate further activities Council Member — Burt Bruns • Mr. Bruns queried about the status of City Hall's new telephone system. Mr. Boucher responded that it will be discussed in the Goal Setting Workshop. Council Member — Tony Hernandez • Mr. Hernandez reminded Council of the art unveiling scheduled for tomorrow, May 6, 1998. Mayor Pro Tem — Buzz Petsos \\ Cape- nt\ cityclerk \CityClk\MINUTES\REGULAR \1998 \05 -05 98.doc 1 1 City Council Regular Meeting Minutes May 5, 1998 Page 5 • Mr. Petsos queried about the status of sand fencing. He related that he has the contact telephone number for a provider and that Keep Brevard Beautiful has a grant for sea oats. • Mr. Petsos stated that the signs proposed to be erected in the City by the Port is another example of issues that could be avoided by establishing occasional joint meetings with the Port Authority. • Mr. Petsos queried about the status of recycling revenue. Mr. Boucher stated that this issue will also be addressed in the Goals Workshop. • Mr. Petsos suggested that the ad hoc Police Study Committee should be re- activated. Council concurred. • There being no further business, the meeting adjourned at 8:35 p.m \\ Cape- nt\ cityclerk \CityClk\MINUTES\REGULAR \1998 \05- 0598.doe Rocky Randels, MAYOR