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HomeMy WebLinkAbout06-01-1999 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 1, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent: Burt Bruns Tony Hernandez Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Sandi Sims, City Clerk MINUTES Ed Gardulski, Public Works Director Dennis Franklin, Building Official PRESENTATIONS: Spring/Summer Beautification Awards Beautification Board Chair, Kacee Corbin introduced the Awards Chair, Jean Simoes. Ms. Simoes presented plaques and $25 gift certificates to Maggie's Nursery to the following winners, describing their properties and commending their efforts. Residential Van Le Thi Tuyet 617 Manatee Bay Drive Multi - Family Ocean Hideaway 408 Harrison Avenue Commercial Radisson Resort & Conference Center Astronaut Boulevard Mr. Peter Jergel and Linda Frank of Waste Management, presented Council with a check for $825 to sponsor two students from Cape View Elementary School to Space Camp. The children will write letters reporting on activities at the camp. Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 2 CONSIDERATIONS: 1. <Tape 1, 28> A. motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve the Regular City Council Meeting Minutes, February 2, 1999. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 2. <Tape 1, 339> Mr. Tim Hancock, Planning Solutions was present to clarify the services proposed to develop the City's current codes into a community design standard format. Mr. Hancock explained that meetings would be held with staff, all concerned boards and Town Hall meetings for input into any amendments to the current code and the actual formatting. He explained that the design is tuned to the positive, not the negative. He reiterated that their role as consultants is not to change our city's land development code, but to organize it into a more understandable and easier to interpret document. Any amendments to the current code would be incorporated as the city requests, not as opined by them. A motion was made by Mr. Treverton and failed for lack of a second to table the Proposal from Planning Solutions, Inc. to obtain further information possibly in a workshop. Mr. Petsos queried if ten illustrations would really be sufficient for our code. Mr. Hancock replied that ten is a benchmark number. More illustrations would be used for clarity if needed, at no extra cost. The proposal is a fixed price. Mr. Petsos asked if illustrations are defensible. Mr. Hancock replied that the illustrations do not eliminate verbiage, it merely demonstrates it. Mr. Petsos asked if the fee could be restructured. Mr. Hancock replied that task and percentages could break it down. Mr. Treverton commented that he likes the idea of positivity. Mr. Leo Nicholas, Planning and Zoning Member opined that the City hasn't had problems with interpretation, so that is not a selling point. He stated that the concept is good, but should be done in- house. City Manager, Bennett Boucher replied that the task would take four to six months for the consultant and much longer for the City to accomplish alone and would still require a consultant's expert advice. A motion was made by Mr. Petsos and seconded by Mr. Treverton to table the Proposal from Planning Solutions, Inc. to reformat the City's Land Development Code to a new community design standard format to reconsider with additional information and a price breakdown. G: \CityCIk\MINUTES\REGULAR \1999 \06- 01- 99.doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 3 The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 3. <Tape 1, 2022> Attorneys Mason Williams and Stumpy Harris were present to explain the terms of the Beach settlement agreement. Mr. Williams stated that there is no waiver in the agreement after 50 years and no rights have been waived. He explained that the Army Corps of Engineers will not acknowledge outright, but there is documentation sufficient that they are recognizing culpability by settling. He further explained that it is not possible for the funds to be appropriated within one year because of the Presidents policy against beach renourishment. Interest on the settlement funds also starts accruing upon signing of the settlement agreement. Mr. Harris explained that over time the high tide will be 100 -180 feet east, and with the Governor's Sand Renourishment programs, nature will take over. If the beach renourishment is not approved, the most that can be won in litigation is money. The government can not be forced to place sand. Ralph Kennedy, Canaveral Port Authority Commissioner, stated that the beaches would be re- surveyed every six years to determine the scope of each project. A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to Approve Settlement of Federal Beach Erosion Lawsuit. The motion carried with The motion carried 3 -0 with voting as follows: Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 4. <Tape 2, 203> Council concurred with the National Highway System Intermodal Facility Connection Route Recommendation, including pedways street lighting. 5. <Tape 2, 420> Council concurred with the Recommendation of (8) Transportation Improvement Programs to the Brevard Metropolitan Planning Organization, including curbing, traffic signal synchronization and a pedestrian overpass on Al A. RESOLUTIONS: 6. <Tape 2, 611> Mayor Randels read Resolution No. 99 -11 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to re- appoint Leonard Folcarelli and Jovan Barzelatto as Regular G: \CItyCIk\ MINUTES \REGULAR11999106- 01- 99.doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 4 Members and Craig Smith as a First Alternate Members of the Commercial Development Board. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 7. <Tape 2, 655> Council concurred to place Ordinance No. 04 -99, C -2 Zoning District on the next agenda. 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 COMMERCIAUMANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERAB1LITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES: FIRST READING 8. <Tape 2, 725> Mayor Randels read Ordinance No. 06 -99 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110 -137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Ordinance No. 06 -99 for second reading. City Attorney, Kohn Bennett explained that this is a housekeeping change to clarify the adoption procedures. There was no public comment. The motion carried with The motion carried 3 -0 with voting as follows: Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 9. <Tape 2, 839> Mayor Randels read Ordinance No. 07 -99 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. G: \CItyCIk\MINUTES \REGULAR \1 999 \06- 01- 99.doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 5 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Ordinance No. 06 -99 for second reading. There was no public comment. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 10. Sister City Activity Mr. Hans Saurenmann, 349 Coral Drive, urged Council to reactivate the Sister City program. He related that the City of Kioten, Switzerland has invited our City Manager to visit them for a few days at their cost. He suggested that encouraging a student exchange or soccer tournament would be possible. Through this type of program, there are possibilities for economic development and strengthening. Council concurred to pursue reactivating the program and requested that a proclamation be drafted for the next agenda. REPORTS: 11. City Manager — Bennett Boucher • Mr. Boucher reported that Dial Communications are not willing to proceed with reclaimed water Change Orders because they are losing too much money. • Mr. Boucher reported that Towne Realty has offered to assist with intersection improvements on North Atlantic and Central Blvd. that were developed in the early 1990's. • Mr. Boucher reported that four dead sea turtles were found on the beach this week. Audience • Ms. Adeline Lookman, President of Ocean Park South Condominiums appeared before Council requesting that their complex receive reclaimed water. Mr. Boucher stated that change orders are currently being reviewed and will see if it is feasible, determining the best way to get the complex connected. Ms. Lookman explained that they do not expect it immediately, but would like to know if they can plan for it by Fall so they can rebuild their irrigation system. G : \CItyCIk\MINUTES\REGULAR \1999 \06- 01- 99.doo Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 6 • Fire Chief, David Sargeant introduced the recent Assistant Fire Chief, John Cunningham. City Clerk — Sandra Sims No report City Attorney — Kohn Bennett No report Council Member — Richard Treverton • Mr. Treverton reported that the City Hall Committee would meet and have a preliminary report at the next Council Meeting. Mayor Pro Tem — Buzz Petsos No report Mayor — Rocky Randels • Mayor Randels commended the volunteers from Canaveral who worked at Kiwanis Park last weekend. • Mayor Randels reported that Southeast Airlines open tomorrow at the Melbourne Airport. • Mayor Randels reported that the County Commission will be adopting a stormwater ordinance soon and that the City will either opt in or out. There being no further business, the meeting adjourned at 9:45 p.m. Sandra Rozar Sims, CITY CLERK G: \CItyCIk\MINUTES\REGULAR \1999 \06- 01- 99.doc Cco& Rocky Randels, MAYOR Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 6 • Fire Chief, David Sargeant introduced the recent Assistant Fire Chief, ti John Cunningham. City Clerk— Sandra Sims No report City Attorney— Kohn Bennett No report Council Member— Richard Treverton • Mr. Treverton reported that the City Hall Committee would meet and have a preliminary report at the next Council Meeting. Mayor Pro Tern — Buzz Petsos No report Mayor— Rocky Randels • Mayor Randels commended the volunteers from Canaveral who worked at Kiwanis Park last weekend. • Mayor Randels reported that Southeast Airlines open tomorrow at the Melbourne Airport. • Mayor Randels reported that the County Commission will be adopting a stormwater ordinance soon and that the City will either opt in or out. There being no further business, the meeting adjourned at 9:45 p.m. Rocky Randels, MAYOR Sandra Rozar Sim:;, CITY CLERK G:\CityClk\MINUTES\REGULAR\1999\06-01-99.doc