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HomeMy WebLinkAbout12-07-1999 Regular Meeting1 1 1 CaII to Order: Pledge of Allegiance: Roll Call: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 7, 1999 7:00 P.M. MINUTES Council Members Present Richard Treverton Larry Weber Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski City Treasurer, Andrea Bowers CONSIDERATIONS: 1.. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the City Council Regular Meeting Minutes of November 16, 1999. The motion passed 4-0, with voting as follows: Mr. Weber, For Mr. Treverton, For Mr. Bruns, For; and Mayor Randels, For. 2. Reclaimed Water Project Phase III ( #2) Design Proposal, Tasks 1, 2 and 3 Public Works Director, Ed Gardulski explained that the cost per lineal foot is comparable to past design costs. The work being performed by SSA is under the past contract price. gMt yoncmimdeskoguIai\1999u2- 07-99.doo City Council Regular Meeting Minutes December 7, 1999 Page 2 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Reclaimed Water Project Phase III ( #2) Design Proposal, Tasks 1, 2 and 3 from SSA in the amount of $16,911, to be appropriated from the 1999 -2000 Enterprise Capital Improvement Account. Upon query by Mr. Treverton, Mr. Gardulski clarified that two elements went up in cost because more streets were added. Task number three was reduced, and by eliminating task 4, the total is reduced to $16,911. A revised timeline schedule will be provided to Council. Mr. John Pekar, SSA explained that the system plan would be vital to applying for stormwater grants. The project dovetail will be explained at the next meeting. The motion passed 4-0, with voting as follows: Mr. Weber, For Mr. Treverton, For Mr. Bruns, For and Mayor Randels, For. 3. Retaining Attorney to continue representation of the City vs Ernest Szapor. Mr. Roper was present explaining the background of the Szapor case. Portions of the original case were dismissed, leaving a claim of taking of property or inverse condemnation of property. Essentially, it is a dispute over ownership and activities on the property. Mr. Boucher related that the property is north of the Harbor Heights entrance, across the street from La Cantina. Back in the 1970's, the PUD required the developer to convey that property to the City, as well as building a pool on the property on behalf of the City. For some reason, the dedication was not followed through. The property was subsequently sold to Mr. Szapor when he applied for a special exception. Due to the potential problem, Mr. Szapor filed a suit against the person who sold the property, the title company and the City. He did not prevail in that litigation. The current claim is that the City did not appropriately divest itself from the property, therefore, creating the title to not to be cleared. The judge dismissed the tort interference of a business relationship. However, did leave the inverse condemnation claim. Mr. Szapor has no current interest in the property will that have bearing on the suit? Mr. Roper opined that it would not be considered. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve retaining Attorney, Michael Roper to continue representation of the City versus Ernest Szapor. Mr. Weber queried, what is the City's exposure? Mr. Roper responded that it would be difficult to quantify, but could possibly be between $100,000 to $150,000. The motion passed 5 -0, with voting as follows: Mr. Weber, For Mr. Treverton, For; Mr. Bruns, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. Addendum to Garbage Collection and Recycling Services Agreement 1 City Council Regular Meeting Minutes December 7, 1999 Page 3 Mr. Boucher explained that in the original agreement, rates were maintained until December 2001; and extended until June 2002. The main request is to eliminate A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the Addendum to the Garbage Collection and Recycling Services Agreement. Mr. Weber queried, if garbage were not picked up the day after when would it be picked up? Ms. Linda Woods explained that it would be picked up on the regularly scheduled day after Thanksgiving and Christmas. All other holidays will have pick up even if the holiday falls on a scheduled pickup day. Mr. Boucher related that Mr. Petsos is concerned that eliminating the pick-ups would create sanitation problems. Mr. Petsos arrived at this time 7:35 p.m. He recommended that the contract remain as is. Tom Marino of Columbia Drive spoke in support of providing those holidays for the sanitation workers. Currently, pick up is the day after those holidays, whereas, if this were approved, Thanksgiving would be the worst scenario or a four -day extension/full week between pickup. The motion failed 3-2, with voting as follows: Mr. Weber, Against; Mr. Treverton, Against; Mr. Bruns, For Mayor Pro Tem Petsos, Against; and Mayor Randels, For. RESOLUTION: 5. Mayor Randels read Resolution No. 99-43, City Attorney Annual Contract Renewal by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE ANNUAL RENEWAL OF THE LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF AMARI & THERIAC,' P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Resolution No. 99-43. Mayor Randels explained that litigation is $110 and ordinance preparation or routine service; the cost is $90 per hour. Council concurred The motion passed 5 -0, with voting as follows: Mr. Weber, For; Mr. Treverton, For Mr. Bruns, For Mayor Pro Tem Petsos, For and Mayor Randels, For. ORDINANCES - SECOND READING: City Council Regular Meeting Minutes December 7, 1999 Page 4 6. Mayor Randels read Ordinance No. 13 -99, Comprehensive Land Use Policy Change, Siting and Collocation of Public Schools with other public facilities in the City, by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT AS PROVIDED IN FLORIDA STATUTES SECTION 163.3177(6)(a), WHICH SHALL AMEND • THE COMPREHENSIVE FUTURE LAND USE ELEMENT TO PROVIDE THE ENCOURAGEMENT OF SITING AND COLLOCATION OF PUBLIC SCHOOLS WITH OTHER PUBLIC FACILITIES IN THE CITY; PROVIDING FOR 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 INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 13- 99. Mr. Petsos reiterated that a letter should be sent to the school board and state authorities requesting that the City be allowed to use school facilities as a result of this mandated comprehensive plan change. The motion passed 5 -0, with voting as follows: Mr. Weber, For Mr. Treverton, For, Mr. Bruns, For Mayor Pro Tem Petsos, For and Mayor Randels, For. 7. Mayor Randels read Ordinance No. 15 -99, 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 District) to C -2 (Commercial/Manufacturing District), 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, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF M-1 (LIGHT INDUSTRIAL) TO C -2 (COMMERCIAL/MANUFACTURING) AS DESCRIBED IN EXHIBIT "A"; 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. Weber to adopt Ordinance No. 13- 99. Mr. Bruns expressed concern that the City allows each property to change their zoning from M -1 or C -1 to C -2. City Attorney explained that hearings and discussions have been held City Council Regular Meeting Minutes December 7, 1999 Page 5 and determined that there is no legal reason why this policy decision cannot go forward. Spot zoning is not a concern because it was approved by DCA in the Comprehensive Plan and Future Land Use Plan Map. Jim Morris explained that the reason they went ahead was because they had the need to proceed knowing that the administrative rezoning was on hold. The motion passed 5 -0, with voting as follows: Mr. Weber, For Mr. Treverton, For Mr. Bruns, For Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 8. Renaming Tower Boulevard Mr. Boucher explained that the County would not approve anything with manatee in the name. Submittals to be given to the City Manager for the next agenda. REPORTS: 9. City Manager — Bennett Boucher • Commended the Christmas dinner committee. • Reindeer Run 5k this Saturday . • Tree Lighting ceremony at the library on Sunday. The tree is a 20' red cedar to be planted for annual lighting. • P&Z will discuss tomorrow night the Planning Solutions comments on the land development regulations. • Any consideration for canceling the second meeting in December. Motion made by Treverton seconded by Weber 5-0 to cancel. • Cocoa Beach Parade — if Council wants to participate, let Nancy Hanson know. AUDIENCE TO BE HEARD: • Kacee Corbin — inviting everyone to the January 22 second annual cleanup day. Council will provide a noon barbecue. Mr. Petsos requested the City Manager to contact the USS Porter to participate. The city will provide copies of the color brochure. Deputy Ernie Perry related that soft drinks would be provided and other donations toward the food. He further reported how volunteers are being coordinated. • 111 and 113 Columbia Drive across from Rich's Restaurant. He expressed concern that the restaurant has opened as a nightclub. They are open until 4:00 a.m. due to the noise. It is bad and unacceptable. The Sheriff was called numerous times and the noise would return when they left. Parking is out of hand and beer bottles are strewn. He is concerned also that residential property values will decrease. He hears the bouncers asking for identification. They had spotlights that are inconsiderately glowing. The City Council Regular Meeting Minutes December 7, 1999 Page 6 owner has disregarded their requests to be a more considerate neighbor. Mayor Randels related that he has visited the neighborhood to observe the problem. He concurred that the noise is an unacceptable occurrence. Mayor Randels explained that it is important that complaints be reported to the Sheriffs Department to document the problems. Mr. Nicholas queried if parking is adequate. Mr. Franklin responded that the parking is sufficient within their own property. Deputy Perry reported that all adjoining property owners have signed no trespassing affidavits to preclude parking on any other property than the restaurant. Major McGee stated that cars couldn't be towed, however, if the car owner is seen entering or exiting the car they can be arrested. When the property owners have signs posted, the cars can be towed. Between 11 and 7, the department can monitor with a noise meter 100' from the building, structure or vehicle without a complaint issued. City Attorney expressed concern if people under 21 years of age are being turned away. It raises suspicion if the business is purporting to be a restaurant. Concern expressed that Sheriffs Deputies go to the scene, but there is no difference in the noise when they leave. The owner of the restaurant is not respecting them. Deputy was rude to them and brought the manager to their residence. It was an inappropriate act on the Sheriffs precinct. Major McGee requested that the hours of operation be considered. Leo stated that if they are operating as a bottle club, they are in violation. The issue will be addressed and resolved. Mr. Petsos noted that the spill over lighting is a current violation. Code Enforcement has addressed some issues. Major McGee stated that it must be determined if they are a legitimate business to know how to properly deal with the situation. Mr. Franklin stated that he would have his staff available Friday and Saturday to address those code enforcement issues. • Mr. Nicholas commended staff for moving the palm trees from the northern entrance to the library • Mr. Nicholas complained that the dumpster container at Ocean Carpets is continuing to overflow. City Clerk — Sandra Sims Wally Homer City Attorney — Kohn Bennett o Thanks for the confidence o Fairvilla has met the parameters of their agreement with the City. They have signed the agreement to remove their sign on A1A as an adopt -a- highway sponsor. Staff has received the document and should be forwarded to the FDOT. Council Member — Larry Weber o Mr. Weber queried if it is possible to receive Council Agenda packets on Thursday prior to the Tuesday meetings rather than on Friday. Mr. Petsos related that it was Council's intent to receive packets on Thursday as a trade -off for eliminating Workshop Meetings. City Council Regular Meeting Minutes December 7, 1999 Page 7 Council Member — Richard Treverton • None. Council Member Bruns • Mr. Bruns queried if the City can disallow Florida Power & Light's concrete transmission poles from the north of currently existing poles, consistent with the interchange. He also requested that staff query to obtain wooden poles that are being removed fo'r placement in Manatee Sanctuary Park for osprey nests. Mayor Pro Tem Petsos • Mr. Petsos queried about the status of signs limiting night traffic along North Atlantic Avenue. Public Works Director, Ed Gardulski, responded that County approval has been received to erect the signs. • Mr. Petsos reported that he recently teamed of sand cleaning equipment, and distributed brochures. He suggested that the City approach the Canaveral Port Authority for a possible joint venture. Mayor - Rocky Randels • No report. There being no further business the meeting adjourned at 9:45 P.M. Sandra Smith, CITE CLERK os,_0 Rocky Randels, YIIAYOR