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Home My WebLink About11-21-1995 Regular MeetingCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Others Present: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX TUESDAY November 21, 1995 7:00 P.M. MINUTES Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor John Porter Present Mayor Pro Tem Randels Present Kohn Bennett, City Attorney Bennett Boucher, City Manager Sandra Sims, City Clerk MINUTES: 1. Upon a motion by Mr. Bruns seconded by Mr. Nicholas, the Regular City Council Minutes of November 9, 1995 were approved with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem Randels, For. AUDIENCE TO BE HEARD: Mayor Porter presented a synopsis of the "Direction of the City." Dr. Charles W. Pindziak, 6099 N. Atlantic Avenue, queried about Ordinance No. 03 -95 which limits the time validity of Building Permits as to whether they affect future permits only, or permits which were issued before the ordinance was adopted. City Manager Boucher related that this is an administrative issue and can be addressed in City Hall. Ms. Martha Seymour, a petitioner against Dr. Pindziak's unfinished buildings, appeared before Council to reiterate the problem. Ms. Marian Lippert, a resident, stated that she has received to response to letters she has forwarded in regard to Dr. Pindziak's lots which have not been mowed. City Council Regular Meeting Minutes • November 21, 1995 Page 2 • Mr. James Lewis, a resident, asked when the buildings under construction abutting Ocean Woods will be completed. The meeting recessed at 7:25 and reconvened at 7:35. INTERVIEWS: 2. City Attorney, Kohn Bennett, queried each candidate for the Commercial Development Board about their residency, board experience, professional background and interests. Following are the candidates requesting to serve: Jovan Barzelatto Pameli Tuscany Warren Commercial Development Board Upon a motion by Mr. Nicholas, seconded by Mr. Petsos and unanimously carried, Item No. 11, then nos. 4 and 5 were considered at this time. 11. Mr. Malcolm Kirschenbaum, representative of Westfield Corporation, presented concepts and ideas for the undeveloped 80+ acres in north Cape Canaveral. He explained that he and others have been examining the property for over a year to cultivate fresh possibilities to collaborate in a joint effort with the City and the Port for the best outcome for all entities. Mr. Larry Shaw, architect, demonstrated the current zoning and possibilities for use under the this zoning. He further demonstrated zoning changes which would be required to accomplish other concepts which would provide for greater green space. These concepts require high rise buildings, rather than the currently required low rises that utilize ground spaces, and in turn eliminates trees and landscaping. Mr. Jack Gladding, planner, explained that using this large parcel of land in concert with the major' cruise terminals being constructed, rather than retaining the current M -1 zoning uses will create, a tax base to accomplish many feats for the City. He recommended that an extended Planned Unit Development (PUD) for a mixed use would be the most desirable purpose for this parcel. Mr. Gladding further explained that traffic ingress and egress would be provided through the port in a circular method, creating a loop road causing to impact to the city's roads. Preservation of green space and wild life are important aspects of this approach. Taking this zoning tact would also provide fruitful economic development efforts. Mr. Gladding related that creating "Tax Incremental Districts" would be a creative and effective way to provide tax relief and provide extended services to residential tax payers, providing an additional $1 million in annual revenue. Mr. Kirschenbaum requested a dialogue with the City Manager and City Attorney to schedule public meetings and a discourse with the Planning and Zoning Board regarding the possible uses of this land. Mayor Porter reminded Mr. Kirschenbaum of the City's philosophies of beach development which are establish by the residents which could be problematic for some of the concepts Commercial Development Board City Council Regular Meeting Minutes November 21, 1995 Page 3 presented. Mr. Porter suggested that they should speak to various homeowners associations and other organizations within the City. CONSIDERATIONS: 4. Mr. Roy Cowell was present and delineated some of the proposed changes to the Annex. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Bruns, he proposal from SSA for architectural and engineering services for the remodeling of the City Hall Annex Building, in the amount of $9.950 was approved by a 4-1 vote as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, Against; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. Upon a motion by Mayor Porter and seconded by Mayor Pro Tem Randels, the proposal from SSA for SR A1A landscaping and design services, and preparation of an FDOT Highway Beautification Grant, in the amount of $28.000 was approved by a 4 -1 vote as follows: Mr. Bruns, For; Mr. Nicholas, Against, Mr. Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. 3. Upon a motion by Mr. Nicholas and seconded by Mr. Petsos, ranking of the Space Coast League of Cities Legislative Issues were approved as follows: 1. Telecommunications, 2. Partial -Year Assessments for New Buildings, 3. Florida Impact Fee Act, 4. Annexation, 5. Local- Option Gas Tax, 6. Public Service Tax, 7. Municipal Liens, 8. Tourist Development Tax, 9. Sales Tax Reform and 10. Fireworks. Voting was as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Upon a motion by Mayor Pro Tem Randels and seconded by Mayor Porter, Mr. Petsos was appointed as Council Member representative to the Board of Directors of the Space Coast League of Cities. RESOLUTIONS: 7. Mayor Porter read Resolution No. 95 -54 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY TO CONSTRUCT ABICYCLE/PEDESTRIAN WAY ON THE EAST SIDE OF ATLANTIC AVENUE; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, Resolution No. 95 -54, authorizing an interlocal agreement with Brevard County to construct a bicycle /pedestrian way on the east side of North Atlantic Avenue was approved, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 8. Mayor Porter read Resolution No. 95 -55 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, City Council Regular Meeting Minutes • November 21, 1995 Page 4 • • FLORIDA; ADOPTING THE PROVISIONS OF 286.0115, FLORIDA STATUTES, THEREBY REMOVING THE PRESUMPTION OF PREJUDICE FROM EX-PARTE COMMUNICATIONS WITH THE CITY COUNCIL MEMBERS; ESTABLISHING A PROCESS TO DISCLOSE EX PARTE COMMUNICATIONS; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mr. Petsos and seconded by Mr. Bruns, Resolution No. 95 -55, establishing a process to disclose Ex-Parte Communications, was approved with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 9. Mayor Porter read Resolution 95 -56 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF STATE REVOLVING LOAN FUND NO. CS120825020, AMENDMENT NO. 2; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR AN EFFECTIVE DATE. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Bruns, Resolution No 95 -56, authorizing the execution State Revolving Loan Fund No. CS120825020, Amendment No. 2, was approved with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCE - FIRST READING: 10. City Attorney, Kohn Bennett, reported that BellSouth just responded that they object to language in the ordinance. Mayor Pro Tem Randels suggested that the term "local" should be taken out of the ordinance and insert "entertainment; further, wireless communications should be mentioned in the ordinance. Upon a motion by Mr. Nicholas and seconded by Mayor Pro Tem Randels, Ordinance No. 27- 95, amending Article, IV, Telephone, Appendix A, Franchises, was tabled for amendments. Voting was as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. REPORTS: • City Manager's Report • City Manager, Bennett Boucher, reported that he will be meeting with the Avon- by -the- Sea Condominium Association on December 2 as the result of a "good neighbor invitation." • City Manager Boucher reported that the utility lines have been buried at the Wastewater Treatment Plant. • City Manager Boucher reported that the City of Cocoa Beach will review the City's City Council Regular Meeting Minutes November 21, 1995 Page 5 Reuse Agreement Amendment on December 2, 1995. • City Manager Boucher reported that the City Attorney will need to draft an ordinance rescinding the Ridgewood Road reservation requiring owners to pay property taxes on that land. • City Manager Boucher reported that Royal Mansions will enter an appeal to the Superior Court on December 6, 1995. • City Manager Boucher reported that the Ridgewood sidewalk construction estimate (east side) is $10,000- $12,000. Council consensus was to proceed with the sidewalk construction. • City Manager Boucher requested the Council to participate in catering the Employees Safety Award Luncheon Barbecue on December 1, 1995. City Attorney • City Attorney, Kohn Bennett, reported that Lloyd's Restaurant has not followed through or responded to his written or telephone correspondence and therefore, recommends that the financing for sewer impact fees be rescinded. Council consensus was to place the rescinding matter on the next agenda. City Clerk • No report. Burt Bruns • Council Member, Burt Bruns, related that the City Manager gave him a tour of the city which was impressive. • Mr. Bruns presented Mayor Porter with a duck bowl which was a gift to the city from the Russian entourage at NASA. The gift will be displayed in the City Manager's office. Leo Nicholas • No report. Buzz Petsos • Council Member, Buzz Petsos, requested information for the cost of engineering representative and legal counsel at Planning and Zoning Board Meetings. • Mr. Petsos queried, what is the time line for Dr. Pindziak to have his buildings which are under construction completed? City Council Regular Meeting Minutes • November 21, 1995 Page 6 Rocky Randels • Mayor Pro Tem, Rocky Randels, reported that he presented the check to the School Board for the recycling machine. Mayor Porter • Mayor, John Porter, related that he will recommend to County Commissioner Randy O'Brien that Council Member Burt Bruns be considered for appointment to the Citizens Advisory Committee of the MPO. AWOURNMEI • 1%10 p.m. Q 4� S4a `Sims; C ;CLERK n1 k al ggsc ,cAa' ohn K. Porter, MAYOR