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HomeMy WebLinkAbout07-07-1998 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 7, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns 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 Building Official, G J. "Whitey" Moran John Pekar, Stottler Stagg & Associates PRESENTATION: Mr. William Bennix' presentation on A1A Beautification Funding will be deferred until the next scheduled meeting. (Tape 1, 55) Marguerite Engel, Intergovernmental Coordinator, St. Johns River Water Management District, made a presentation on available Local Government Assistance. Ms. Engel related that she held a productive with Mr. Steve Bapp, Planning & Zoning Technician. She reported that Cape Canaveral is the recipient of two reclaimed water grants for $50,000 each and in 1997 the City received $20,000 for stormwater treatment. (Tape 1, 805) Mrs. Ann Thurm, City Historian, presented her latest additions to the City Scrapbook Mrs. Thurm related that the scrapbooks that were started in 1987 for the City's 25th anniversary are City property. These additions are from the years 1996 and 1997 and she will include them in the fifth book at the Cape Canaveral library. Mr. John Pekar, of Stottler, Stagg and Associates will scan the City's history onto a CD-ROM disk or make them a video. \ape- c, utes 1 -O798.E 1 1 1 City Council Regular Meeting Agenda July 7, 1998 Page 2 CONSIDERATIONS: 1. (Tape 1,1055) A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Regular City Council Meeting Minutes of June 2,1998. 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. 3. (Tape 1,1076) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the St. Johns River Water Management District Stormwater Cost Share Grant Agreement. Mr. Hernandez expressed concern on direction with stormwater projects and the need for future planning. Mayor Randels clarified that each area will require different methods. Mr. John Pekar, of Stottler, Stagg, recommended workshop meetings for the Department of Transportation outfalls and mitigation areas to develop a funding plan. He noted the opportunity for mitigation projects. Mayor Randels referred of Harbor Oaks and the how the residents are agreeable to the City installing a retention pond or similar structure. 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. 3. (Tape 1,1346) A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the City Surplus Auction, Saturday, August 22, 1998. 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. PUBLIC HEARINGS ORDINANCES — SECOND READING 4. (Tape 1, 1460) Ordinance No. 23 -98, Providing for a Referendum Regarding Vacancies in Elected Offices. Mayor Randels read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE III OF THE CITY CHARTER; PROVIDING FOR THE FT.F.CTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SUBMISSION TO THE FT.F,CTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO ARTICLE II, SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. \\ Cape- nt\ cityclerk \CityClk\MINUTES\REGULAR \1998 \07 -07- 98.doc 1 1 City Council Regular Meeting Agenda July 7, 1998 Page 3 A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No. 23 -98 at second reading. 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. 5. (Tape 1, 1603) Ordinance No. 22 -98, Antennas Located on Existing Sites. Mayor Randels read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE DC SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110 -483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, ,QF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REVISED LIST OF ADMINISTRATIVE USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to adopt Ordinance No. 22 -98 at second reading. 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, Fo RESOLUTION: 6, (Tape 1, 1691) Mayor Randels read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA IN SUPP T OF ESTABLISHING AN ADDITIONAL OFFICER TO THE FLORIDA LEAG OF LI1ILS, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Ms. Salamone to establish an additional officer to the Florida League of Cities. Mr. Petsos expressed that this is a good idea due to the one -year term limits. He stated that a President -elect rather than a third Vice - President is beneficial to government. 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. \\ Cape- nt\ cityclerk \CityClk\MJNUTES\REGULAR \1998 \07 -07- 9840c 1 1 1 City Council Regular Meeting Agenda July 7, 1998 Page 4 7. (Tape 1, 2007) Mayor Randels read the title of the resolution. A RESOLUTION OF. THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING PARTICIPATION IN THE BREVARD COUNTY LOCAL MITIGATION STRATEGY PROGRAM AND DESIGNATION OF A REPRESENTATIVE TO SERVE ON THE PROGRAM STEERING COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve authorizing participation in the Brevard County Local Mitigation Strategy Program and inserting the name Bennett Boucher, City Manager as the designated representative to serve on the steering the committee. The City will receive $3,750 in funding for the County. 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: 8. (Tape 1, 2225) Amending Code Section 110 -334, Special Exceptions Permissible by the Board of Adjustment. (Deleting Residential Construction in the C -1 Zoning District) Mayor Randels related that the Planning and Zoning reconunended that references to Special Exceptions be eliminated. Ms. Salamone expressed that Council needed to decide if the corridor should be commercial or residential as it relates to traffic impact. Attorney Bennett stated that special exceptions are not zoning changes by definition and Florida law clearly allows special exceptions. Staff was directed to obtain traffic data and commercial lot sizes to determine how it relates to commercial development, and determine the costs associated with comprehensive plan amendments versus special exceptions. A workshop is to be scheduled, inviting Planning and Zoning and the Board of Adjustment. 9. (Tape 1, 3338) Amending Section 110- 567(b), Relative Tree Point Values for Landscaping Purposes. Mr. Petsos stated that due to the point system, he would like to send this item back to the Beautification and Planning and Zoning Boards for consideration and recommendation. Council concurred that these boards could determine how to award points. 10. (Tape 1, 3534) Patriots Park, Michelle Lehr. Mr. Hernandez expressed concern that an agreement on litigation was made and that it is inappropriate to discuss this matter with Ms. Lehr`s counsel present. \\ Cape- nt\ cltyclerk \Cityclk\mmuTES\REGULAR \1998 \07 -07- 98.doc 1 1 1 City Council Regular Meeting Agenda July 7, 1998 Page 5 Attorney Bennett stated that Ms. Lehr's attorney apparently approved of her representation at this meeting. Ms. Lehr read her letter to Council. She expressed that the Council and City volunteers did a good, fast job, however, noted that no Columbia Ave. residents were there. Ms. Lehr distributed a drawing of the letter's second page that she says does not depict the second entrance to the park. Ms. Lehr stated that during all discussions only one entrance was discussed. They suggested a four -foot rather than a six -foot fence. She said that only one entrance was discussed or presented. The drawing presented is not the one signed for, but it is the one used during negotiations and discussion. She stated further that talks regarded only moving the site of one entrance. Ms. Lehr's objected that the entrance was never discussed and that one entrance was desired to discourage traffic. She did not notice the second entrance because it was not discussed and the drawing obscured it with the tree drawings. She stated that the agreement was signed without seeing the second gate. Ms. Lehr stated further that regardless of the final decision, she requests that this matter go on record that a gentleman's agreement was not honored by Mr. Boucher. Mayor Randels asked Ms. Lehr for clarification. Ms. Lehr responded that her point is that there was never an agreement for a second gate. Mr. Hernandez asked if the gate were a great concern. Ms. Lehr answered yes that her concern was great and she would not sign due to lack of agreement. Mayor Randels stated that he would stand by the signed agreement. REPORTS: 11. (Tape 2, 692) City Manager's Report • Mr. Boucher reported that Mr. Kruczek signed the Commerce Street agreement, however, he was awaiting signatures from Mr. Berger and Mr. Haynes. • Mr. Boucher commended Ms. Kim McIntire and the Commercial Development Board members for a successful Wednesday- Friendsday event. • Mr. Boucher reported that crews were working on Oak Lane and the project should be completed within the month • Mr. Boucher announced that the Sand Fencing project is July 256i. • Mr. Boucher reported that the Cape View Elementary reclaimed water sprinkler system will require a $800 backflow device. • Mr. Boucher reported that the Budget is in progress and would go on the City's Web site. • Mr. Boucher announced that the Proposed Tentative Millage resolution would be on the next agenda. AUDIENCE TO BE HEARD: (Tape 2,1001) Leo Nicholas \\ CAPE- Nll cityclerk \CityClk\MINUTES\REGULAR \1998 \07-07- 98.doc 1 1 1 City Council Regular Meeting Agenda July 7, 1998 Page 6 • Mr. Nicholas asked for clarification on this meeting's Item No. 3. Attorney Bennett explained that ground antennas was added and should have already been there. (Tape 2, 1049) Beatrice McNeely, Planning & Zoning Chairperson • Ms. McNeely reported that she attended the Bullet Train Meeting and the first 1,000 feet of track have been planned and 18 destinations oriented. She noted that the City could think about it now or in five years. • Ms. Jean Simoes requested a status report on the beachhouse North of Shorewood. Building Official, G. J. "Whitey" Moran stated that the owners were notified that it is unsafe. City Clerk No report. City Attorney No report. Ms. Salamone No report. (rape 2, 1131) Mr. Bruns • Mr. Bruns queried about the status of the proposed sign ordinance. City Attorney, Kohn Bennett, responded that the ordinance is drafted and ready for a workshop. • Mr. Bruns reiterated his concern with outstanding permits of buildings under construction without completion and stressed that the ordinances must be enforced no matter whom is involved. • Mr. Bruns reported on his meeting with 2020 Water Committee and that it appears that the water supply will be sufficient. He also reported that the groundwater source analysis reveals that there is no significant salt encroachment. (Tape 2,1282) Mr. Hernandez • Mr. Hernandez requested that staff prepare cost estimates for the proposed City Park Complex. • Mr. Hernandez requested that staff develop a stormwater plan, possibly including reclamation. (Tape 2,1317) Mayor Pro Tem Petsos • Mr. Petsos stated that the Shared Capital Mutual Aid Agreement between the cities of Cocoa and Rockledge is a tried and true workable agreement that we should approach with the City of Cocoa Beach. Council concurred. • Mr. Petsos reminded Council of the Space Coast League of Cities meeting on Monday, July 131. \\ Cape- nt\ cityclerk \CityClk\MINUTES\REGULAR \1998 \07 -07- 98.doc 1 1 1 City Council Regular Meeting Agenda July 7, 1998 Page 7 • Mr. Petsos announced that he will be filing for his candidacy as Council Member for the upcoming November election. (Tape 2,1489) Mayor Rocky Randels • Mayor Randels reported that the Volunteer Projects scheduled are as follows: Cape View Elementary sprinkler system July 11 Sand Fencing ifFDEP permit is received July 25 Oak Lane Beautification project August 8 Manatee Park Planting September 12 Washington Palm removal from Moon Hut Unscheduled until after hurricane season • Mayor Randels reported that an article was in the Florida Today newspaper today commending Buzz Petsos on his election as the Space Coast League of Cities President. • Mayor Randels reported that former Mayor John Porter will chair the cornrnittee trying to get the USS Porter commissioned at Port Canaveral. • Mayor Randels stated that the Volunteer Banner is becoming worn. Council concurred that each of them would donate to replace the banner. • Mayor Randels reported that he has volunteered to serve on the Census 2000 committee to be certain that the city has an accurate count. He explained that revenue sharing is based on the census. • Mayor Randels commended the firefighters and other volunteers for the mutual aid extended to the areas suffering fires recently. There being no further business, the meeting adjourned at 9:20 p.m. Sandra Rozar Sims, CITY CLERK \\ Cant\ cityclerk\ CityClk\ MINUTES\REGULAR\1998 \07 -07- 98.doc Rocky Randels, MAYOR