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HomeMy WebLinkAbout01-16-1996 Regular MeetingCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY JANUARY 16, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: MINUTES Burt Bruns Present Leo Nicholas Present Buzz Petsos Present Mayor Porter Present Mayor Pro Tem Randels Present Others Present: City Manager, Bennett Boucher Acting City Attorney, Anthony Garganese City Clerk, Sandra Sims 1. Nancy Young, Beautification Board Awards Chair Person, presented the 1995 Winter Beautification Awards /Best Holiday Displays as follows: Residential Multi - Family Commercial 1 Jerry and Denise Flanigan 8200 Rosalind Avenue Cape Shores 6701 N. Atlantic Avenue Cape Florist 6799 N. Atlantic Avenue 1 1 City of Cape Canaveral, Florida Regular Meeting Minutes January 16, 1996 Page 2 MINUTES: 2. Upon a motion by Mr. Bruns and seconded by Mr. Petsos, Regular Meeting Minutes of January 2, 1996 were approved with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. RESOLUTIONS: 3. Mayor Porter read Resolution No. 96 -03 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AUTHORIZING THE CITY MANAGER AND HIS STAFF TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EN'N'ECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 96 -03, Authorizing application for a Highway Beautification Grant from the Florida Department of Transportation. City Manager, Bennett Boucher, illustrated the phases of the project on a map for the audience and Council. He explained that the total cost for phases I, II and Ma would be $84,550 which equates to a $42,225 match from the city. Of that amount, $23,500 are irrigation costs for the reuse irrigation lines which will be financed by the Sewer Fund leaving $18,725 to be expended from the General Fund or the Beautification Fund. Mayor Porter reminded Council that volunteer labor and in -kind services are equated to monetary payment when applying for this grant. Therefore, the actual funds required for the initial landscaping is likely to be less than the $18,725. He further explained that the operating and maintenance costs could be lowered with creative efforts such as using inmates, volunteers, partnering with property owners and possibly contracting with a landscape contractor such as the one we are currently using. Mayor Porter related that he asked the City Treasurer to project the anticipated revenues the city might expect as a result of property values increasing for the next five years. Assuming a 2.5 % increase in taxable value per year, the city base of taxable property would increase approximately $8 million per year. Given this assumption, an increase of taxable property value would generate approximately $4,000 of additional Beautification Ad- Valorem tax revenue per year. Mr. Nicholas stated that exercising this facility would eliminate the current philosophy of following the TRIM Bill; it would require not rolling back the tax rate to equal the prior year dollar amount. He further suggested that a dollar amount be entered into the resolution. City of Cape Canaveral, Florida Regular Meeting Minutes January 16, 1996 Page 3 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to amend Resolution No. 96 -03 by inserting in Section 1. "in the amount of $85,000." The amendment was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mr. Petsos expressed concern with maintenance costs as outlined by Michael Gluskin, Public Works Director. Kathleen Boursin, landscape architect, suggested that quotes be obtained from the city's current landscape contractor and an outside firm for comparison. John Dillon, a resident, expressed concern that the meandering pedway will compromise safety and especially proposing that extended shoulders be constructed for vehicles to be able to pull off the road rather than onto grass would be safer. Roy Cowell, of Stottler, Starmer and Associates, countered that all issues were considered in the design, especially safety. Mr. Petsos commented that vehicles tend to pass on the right when bike lanes are provided and can impede safety. Resolution No. 96 -03 was approved with voting on the main motion as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Mayor Porter read Resolution No. 96 -04 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STARMER AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 96 -04, Annual Renewal of City Engineering Service Agreement with Stottler, Starmer and Associates. Discussion ensued in regard to staffs evaluation of the firm. Mayor Pro Tem Randels expressed concern with negative comments in staff evaluations. Primary areas of consideration were: level of familiarity with City Codes and costs of services, specifically, site plan review applications. Mr. Cowell suggested that pre - application conferences might eliminate some of the mistakes which require multiple plan reviews. 1 City of Cape Canaveral, Florida Regular Meeting Minutes January 16, 1996 Page 4 Mayor Porter related that during his seven years tenure, he hears the same complaints about and from the engineers, regardless of the firm. He surmised that the perception must be innate to the service. Mayor Pro Tem Randels suggested that the written comments from the engineering firm in reference to site plans should be copied to the Council, in an effort to monitor procedures and determine a way to eliminate the cost complaints. Mr. Cowell responded that he will forward copies to the City Manager for dissemination to the Council. Mr. Nicholas commented that complaints are most often too general. He recommended that complaints and negative evaluations have written documentation supporting the comments. Mr. Bruns opined that responsiveness is the greatest measure in a service entity and Stottler, Starmer and Associates have been sensitive to the City's requests. Mayor Porter asserted that evaluations are for the purpose of giving direction to promote better service. Although disapprovals or dissenting perceptions are stressed, it is intended with a tenor of respect. The opinions and suggestions directed toward SSA are intended to be constructive for an even better relationship. He commented that SSA should be commended for their contributions and jobs well done. Resolution No. 96 -04 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. Mayor Porter read Resolution No. 96 -05 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CORRECTING DRAFTING ERRORS AND OMISSIONS, AUTHORIZING THE ADOPTION OF A NEW OFFICIAL ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Resolution No. 96 -05, Adoption of New Zoning Map. City Manager, Bennett Boucher, explained that the map does not change zoning from the previous map, it merely corrects errors. Mr. Nicholas requested that letters depicting the various zones be made larger as in typical zoning maps. Resolution No. 96 -05 was approved with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 City of Cape Canaveral, Florida Regular City Council Meeting Agenda Page 5 6. Mayor Porter read Resolution No. 96 -06 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 96 -06, Authorization to enter into a Highway Landscaping Maintenance Memorandum of Agreement with the Florida Department of Transportation. City Manager, Bennett Boucher, clarified that the Maintenance Agreement does not have to be completed by February 1 to be submitted with the grant application, allowing time to pursue comparison costs for the required landscaping maintenance. Mr. Petsos requested that staff negotiate for recuperating some of the maintenance costs from the Department of Transportation. Resolution No. 96 -06 was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS: ORDINANCE: FIRST READING 7. Mayor Porter read Ordinance No. 01 -96 by title. AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY PERMITTING ADULT ENTERTAINMENT ESTABLISHMENTS IN THE M -1 ZONING DISTRICT BY CREATING A NEW SUBPARAGRAPH (7) TO SECTION 110 -352; PROVIDING DEFINITIONS; PROVIDING FOR THE AMORTIZATION OF NON- CONFORMING USES; PROVIDING FOR A MEASUREMENT OF DISTANCES BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS AND OTHER USES; ESTABLISHING A PROVISION FOR WAIVERS; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 1 1 City Council Regular Meeting January 16, 1995 Page 6 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Ordinance No. 01 -96, permitting adult entertainment establishments in the M -1 zoning district was approved for second reading. City Manager, Bennett Boucher, explained that this ordinance is required because the ordinance adopted in 1986 was ruled invalid in court because it was advertised as a regular ordinance, not according to requirements for zoning related ordinances. This ruling made it valid for adult entertainment enterprises to apply for licensure in Commercial Zoning. Therefore, this ordinance is formulated to permit adult entertainment facilities in M -1, Light Industrial areas, consistent with the intent of the ordinance which was adopted in 1986. Acting City Attorney, Anthony Garganese, related that this ordinance, however, allows adult entertainment businesses in M -1 areas rather than being allowed only by special exception, as required in the overthrown ordinance, to eliminate the attitude of interfering with constitutional prerogative. Dick Worley, Banyan Way, opined that adult entertainment will do the city no good. Mr. Garganese explained that the Council can not prohibit adult entertainment in the city because it is unconstitutional to do so. On the other hand, Council can regulate businesses by restricting them to certain zones. The distance restrictions in the ordinance are subject to variance by application to the Council in an effort to make the law more flexible and less threatening to a person's privilege. This approach is being considered to circumvent possible misinterpretation of the City's intent to abide with federal law while regulating the city as the Council regards in the best interest of its citizens health, safety and welfare. John Dillon, resident, queried why the statement is not inserted in the ordinance prohibiting adult entertainment from being in commercial areas? He also asked, are there any structural height restrictions? City Manager, Bennett Boucher, answered that the ordinance provides distance restrictions within the M -1 zone that preclude encroachment into commercial areas. He also stated that there are no height regulations proposed. Mary Dorsy, a resident, queried if there is a way to protect the appearance of the building. Mr. Boucher stated that our current ordinances, including signs, are sufficient to regulate the appearance of all buildings. Further, the impending Community Appearance Board will monitor new construction design. 1 1 1 City Council Regular Meeting January 16, 1995 Page 7 Delores Welking, resident, stated that she believes the waiver of distance requirements should be eliminated from the ordinance. Marilyn Rigerman, resident, stated that she is puzzled by the prospect of adult entertainment businesses requesting multiple waivers, however, she did not require an answer, giving credence to the City Attorney's recommendation. Ordinance No. 01 -96 was approved for second reading 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Consensus was to set a Special Meeting for January 30, 1996 to consider Ordinance No. 01 -96 for second hearing and to hold a Closed Session with City Attorneys to discuss strategy which must be taken in the lawsuit appeal of Sierra Swim Club, Inc. v. City of Cape Canaveral, on Friday, January 19, 1996 at 1:00 p.m. REPORTS City Manager • Mr. Boucher reported that Chapter 10 of the Code of Ordinances is currently being reviewed by staff, in consideration of the adult entertainment lawsuit, the permitting and licensing section may need to be revised. • Mr. Boucher reported that the City prevailed in the Royal Mansions lawsuit appeal. There is one more opportunity for them to appeal. • Mr. Boucher reported that he and Mayor Pro Tem Randels met with the City of Cocoa Beach regarding the reuse transmission lines and distributed a summary. • Mr. Boucher queried when the Annual Volunteer Banquet should be held. Council consensus was for Saturday, March 30, 1996. Mayor Porter suggested that a slide show or video be created, and that the banquet be held at the Radisson possibly with cultural music provided. • Mr. Boucher stated that the final draft of the City's Goals and Action Report is being printed and will be available on Wednesday. Mayor Porter urged Council and staff to bring new ideas, not just reports of past objectives. City Clerk No Report. 1 1 1 City Council Regular Meeting January 16, 1995 Page 8 City Attorney No Report. Audience • Larry Weber, resident, queried about the status of the City allowing Bingo establishments. Mr. Boucher responded that Lt. Salvo has to schedule a date for officers to attend a seminar located in Pompano Beach so that the full effect of allowing Bingo establishments will be realized. The entity requesting permission to operate in the city is only one facet to be considered. Allowing one operation admits others which the city does not fully understand the appropriate level of regulation to preclude problems such as the press has been exploiting this week. Therefore, a competent level of understanding is being pursued to determine if the City should seek an ordinance amendment. • John Dillon, a resident, queried if there was any progress on rectifying the appearance of the residence at the beach end of Washington Avenue. Council requested the City Attorney to research what the City could do in regard to this property. Mayor Pro Tem Randels • Mr. Randels reported that he perceived that all of Council's concerns were satisfied by the City of Cocoa Beach in regard to the reuse transmission lines. • Mr. Randels reported that he represented the City with a delegation from Yueyang, China and presented them a key to the city. • Mr. Randels reported that he has been involved in discussions with the Port regarding the design of George King Boulevard. • Mr. Randels reported that the Port located a large amount of soil contamination and has paid for its removal at great expense. • Mr. Randels reported that he spoke in Tallahassee on behalf of the library, applying for a Community Block Grant. The grant was denied. • Mr. Randels reported that he is concerned with business owners' responses to the City's questionnaire regarding the cost of impact fees. He stated that he is particularly concerned with restaurants. Mr. Nicholas stated that it is a concern for all of Council, however, before the impact fees were introduced, a consultant was hired to analyze the fees and a 1 1 1 City Council Regular Meeting January 16, 1996 Page 9 Buzz Petsos Leo Nicholas Burt Bruns determination was made on fees based on fairness to businesses and residents. • Mr. Petsos queried if staff is still discussing providing Sewer Service to the Port. Mr. Boucher reported that he is continuing discussions and that the Port is still waiting for an engineering report from Hartman. • Mr. Petsos suggested that Council pursue meeting with the City of Cocoa Beach Council in a cooperative spirit to discuss common issues, such as purchasing and the Avon area. • Mr. Nicholas queried about the status of the construction of the Cape Canaveral Library expansion. Mr. Randels reported that the Introduction to the RFP was re- written and being reviewed page by page, of which 42 pages have been reviewed. Mr. Nicholas stated that his doubts are generated because the County Commission was against the construction. • Mr. Bruns queried if City Hall telephones were repaired. Mr. Boucher reported that they were repaired and are all working. ADJOURNMENT: 9:30 p.m. ATTEST: �U+ , 4 4 Sandra O. Sims, CITY CLERK