The URL can be used to link to this page

Home My WebLink About05-18-1999 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 18, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Sandra Sims, City Clerk MINUTES Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director Dennis Franklin, Building Official CONSIDERATIONS: 1. <Tape 1, 29> City Treasurer, Andrea Bowers explained the proposed transfers. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Budget Transfers, Quarterly Treasurer's Report. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 2. <Tape 1, 157> Mayor Randels explained that the joint lawsuit against the Army Corps of Engineers is due to beach erosion caused from the channel being dug at the port. City Attorney, Kohn Bennett expressed concern that the settlement states that 40 percent of the funds are to be appropriated in three years, but does not state the amount. Further, if the funds are not.appropriated the only course of action would be to initiate another lawsuit. Mr. Petsos opined that the Army Corps of Engineers 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 2 should be required to acknowledge responsibility for the erosion. A motion was made by Mr. Bruns and seconded by Mr. Petsos not to approve the Settlement of the Federal Beach Erosion Lawsuit and to forward a letter to the attorneys requesting clarifications. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For Mr. Treverton, For, Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 3. <Tape 1, 1222> C -2 Zoning Uses, Ordinance No. 04 -99 : AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, CC =2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Treverton queried why hotels are not on the list as disallowed because they were previously allowed. City Attorney, Kohn Bennett stated that the list does not need to be lengthened. A motion was made by Mr. Treverton and seconded by Mr. Hernandez to prepare the ordinance for public hearing and draft the corresponding zoning ordinance. ORDINANCES - SECOND READING: City Attorney, Kohn Bennett excused himself from the meeting at this time for potential conflict of interest on items 4, 5 and 6. 4. <Tape 1, 2128> Mayor Randels read Ordinance No. 01 -99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA -99 -01, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS 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 EFFECTIVE DATE. G:\CityClk\MINUTES\REGULAR \1999 \05- 18- 99.doc 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 3 A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 01 -99, Small Scale Comprehensive plan Amendment; Solana Development, Inc., at second reading. There was no public comment. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mr. Treverton, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. <Tape 1, 2384> Mayor Randels read Ordinance No. 02 -99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R -2 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A "; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to adopt Ordinance No. 02 -99 Rezoning Request, R -2 to R -3; Solana Development, Inc., at second reading. There was no public comment. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mr. Treverton, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1, 2449> Mayor Randels read Ordinance No. 03 -99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM M -1 (LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A "; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 03 -99, Rezoning Request, M -1 to R -3; Solana Development, Inc., at second reading. G: \CityClk\MINUTES\REGULAR \1999 \05- 1899.doc 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 4 There was no public comment. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For Mr. Hernandez, For Mr. Treverton, For Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: City Attorney, Kohn Bennett returned to the meeting at this time. 7 <Tape 1, 2553 >Council concurred that something must be done about the City Hall building. Offices should be relocated, another building built or renovations and additions. Mr. Treverton was appointed as Council representative to a City Hall committee with other representatives from staff to research all alternatives. 8. <Tape 1, 3150> Public Works Director, Ed Gardulski gave the Reclaimed Water Update. He reported that the contractors are moving along well now and will finish within two weeks. There are only punch list aspects remaining for Phases I and II and Phase III is currently being pressurized. Council concurred to request Dial Communications to move forward with change orders. Mr. Gardulski explained that there are no drawings yet. John Pekar, Stottler Stagg & Associates stated that they could prepare the drawings if Sunshine can do the locates. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to place an add -on item on the agenda. The motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve a $14,000 fee for Stottler Stagg & Associates to prepare the extension design of Phase III.. The motion passed 5 -0, with voting as follows: Mr. Treverton, For Mr. Bruns, For Mr. Hemandez, For Mayor Pro Tem Petsos, For and Mayor Randels, For. REPORTS: 9. City Manager — Bennett Boucher • Mr. Boucher reported that he met with the Florida Department of Transportation (FDOT) regarding the AMA landscaping. He stated that the FDOT will give an extra $70,000 if the City will take over the planning and administration of the project. He related that the City G: \CityClk\MINUTES\REGULAR \1999 \05- 18- 99.doc 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 5 must be certified and the City Engineer will have to do a typical drawing for their approval. An engineer has to inspect as the trees are planted, which can begin in July. Mr. Pekar stated that he would look at the port interchange concepts and then meet with the Beautification Board. Council consensus was to accept the project. • Mr. Boucher reported that the Beautification Board would meet Monday at 5pm to discuss the City Ballpark project. Audience No report City Clerk — Sandra Sims No report City Attorney — Kohn Bennett • Mr. Bennett conveyed Community Appearance Board Member, Walter Bowman's opinion of the pictures in the proposed Community Standards Design is very good. He suggested that a contest could be held to develop the needed sketches and drawings for the ordinance. • Mr. Bennett stated that the Fairvilla Settlement Agreement would be ready for the next agenda. Council Member — Richard Treverton No report Council Member — Burt Bruns • Mr. Bruns queried when the sand fencing project could be completed. Mr. Petsos responded that it could not be completed until after turtle nesting season. • Mr. Bruns reminded Council that during the landscaping project, the sign ordinance must be kept in mind and should be a part of the whole scenario. Council Member — Tony Hernandez • Mr. Hernandez suggested that the Beautification Board and Volunteer Corps should be involved in the AMA landscape design portion of the project. Mayor Pro Tem — Buzz Petsos • Mr. Petsos expressed concern regarding the news article stating that a hotel is planned for the Jetty Park Campground, which would be abolished. G: \CityClk\MINUTES\REGULAR \1999 \05- 18- 99.doc 1 City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 6 Council concurred that a letter of concern, not antagonistic, to each Port Commissioner. Mayor — Rocky Randels ® Mayor Randels commended Susan Stills, Assistant City Clerk for this quarter's Employee Newsletter. • Mayor Randels reported that the Building Official has received information stating that the Cape Canaveral Lighthouse will be tom down and asked the City's opinion of how it should be disposed. Council concurred to write a letter requesting that the Air Force take over the lighthouse and let it remain as an historical site. 9 Mayor Randels commended Greg Mullins, Code Enforcement Officer for his efforts in obtaining a better flood insurance rating for the city, which results in an additional five- percent rate reduction. He is now working on the next level. O Mayor Randels reported that the no ovemight camping signs need repairing, but the city can not make the repairs because they are on private property. City Attorney, Kohn Bennett opined that it is acceptable for the City to maintain the signs that the City erected. • Mayor Randels distributed a pamphlet on how to plant trees. There being no further business, the meeting adjourned at 9:20 p.m. 'is 6 r "5 Sandra Rozar Sims, CITY CLERK G: \CityCIk\M1NUTES\REGULAR \1999 \05- 15- 99.doc it,=?....4t) ci4%.\ _ 41e1111 4IP Rocky Randels, MAYOR