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HomeMy WebLinkAbout02-06-1996 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY FEBRUARY 6, 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 City Attorney, Kohn Bennett City Clerk, Sandra Sims • Ms. Tricia Breckenridge, KMC SOUTHEAST CORPORATION, presented a proposal to Council requesting a franchise to install fiber optic telecommunications in the City of Cape Canaveral. She explained that this system will provide high speed, faultless transmission of voice, data and video signals among and between interexchange carriers, interexchange carriers and their customers. Council consensus was for KMC to draft a franchise contract for Council's review. • Mr. Walter von Duhn, Western Waste, appeared before Council announcing the merger and contending to present better than ever collection service. He stated that the company will make an extended effort to notify customers of schedule changes, particularly during the holidays. MINUTES: 1 1 1 City Council Meeting Minutes February 6, 1996 Page 2 1. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Bruns, the Regular Meeting Minutes of January 16, 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. CONSIDERATIONS: 2. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Nicholas, to approve the sole source purchase of a 1989 Ford F -350 Bucket Truck in the amount of $15,840. Mayor Pro Tem Randels commented that he has discerned that used bucket trucks are not readily available, however, he queried if further basis is needed to conform to the requirements of sole source purchasing. City Attorney, Kohn Bennett, verified that the criteria used to make this purchase corresponds to the requirements of sole source purchasing. The purchase was approved 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 3. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Petsos, the FY 95/96 First Quarter Budget Transfers for period ending December 31, 1995, were 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. 4. Council consensus was to form an ad hoc Police Service Study Committee to ascertain the viability and cost impact for establishing a local police department rather than contracting with the County Sheriff's Department. Council was adamant that the current level of service provided by the Sheriff's Department is exemplary. However, the continuing cost escalation mandates by the county are becoming cumbersome. Mr. Nicholas agreed to chair the committee. The panel will consist of five members: Mr. Nicholas, Council representative; Lt. Salvo, Sheriff's Department representative; one representative from the port; and two at -large Cape Canaveral residents with law enforcement background. 5. Upon a motion by Mayor Porter and seconded by Mr. Bruns, the 1996 Lifeguard Agreement with Brevard County was approved, in the amount of $8,417. Voting was as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mr. Nicholas expressed his concern that the current sign ordinance which was adopted in 1981 may no longer have justification for its setback requirements. He noted that the widening of A1A is apparently not an issue for the future and, therefore, recommended that Planning and Zoning be directed to review the ordinance. 1 1 1 City Council Meeting Minutes February 6, 1996 Page 3 Mayor Porter stated that many people have been required to comply with the ordinance just last year; and that the impetus for enforcement is based on the city's endeavor to improve the aesthetic value of the city. He related that our city engineers have recommended in conjunction with the beautification study the city requested, is to consider a more stringent sign ordinance. To relax size and setback requirements would be unconstructive in the city's attempt to improve its aesethic image. Council consensus, 4 -1, Mr. Nicholas dissenting, was to retain the current sign ordinance. 7. Mayor Pro Tem Randels expressed concern that small restaurants wanting to serve wine to their patrons with dinner are excluded. He maintained that a 50 -seat requirement is too demanding in that it would require a larger building, more parking spaces and command exorbitant impact fees. Council discussion clarified that this ordinance was adopted to regulate the number of bars which could operate within the city. It was further determined that it appears unjustified to preclude small full- service restaurants from serving beer and wine, such as Mona's, located at the Sun Seed Co -op. Mr. Nicholas stated that this ordinance should have its original justification scrutinized the same as the sign ordinance. Mr. Bruns expressed concern that people have been denied licenses or did not pursue their businesses in Cape Canaveral because of the ordinance and the proposed slackening of the ordinance may not be just to those people. Mr. Leonard Focarelli, a resident, commented that it is almost impossible for a restaurant to provide a 50 -seat capacity in Cape Canaveral and comply with building codes. Council consensus, 3 -2, Mr. Bruns and Mr. Nicholas dissenting, was to refer Section 110 - 171(2), Establishments Serving Alcoholic Beverages to the Planning and Zoning Board for consideration and recommendations for criteria to allow small full- service restaurants to serve beer and wine. RESOLUTIONS: 8. Mayor Porter read Resolution No. 96 -07 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO OFFICIALLY NAME SHOREWOOD DRIVE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Resolution No. 96 -07, naming Shorewood Drive. Resolution No. 96 -07 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. 9. Mayor Porter read Resolution No. 96 -08 by title. 1 1 City Council Meeting Minutes February 6, 1996 Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE CITY OF COCOA BEACH FOR SEWAGE EFFLUENT REUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to approve Resolution No. 96 -08, authorizing Amendment No. 1 to the Interlocal Agreement with the City of Cocoa Beach for sewage effluent reuse. Resolution No. 96- 08 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 10. Mayor Porter read Ordinance No. 03 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110 -493, ACCESS, BY AMENDING THE MAXIMUM NUMBER OF POINTS OF ACCESS PERMITTED ONTO ANY ONE STREET, PROVIDING A MINIMUM DISTANCE BETWEEN OPENINGS AND EXCEPTIONS PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Ordinance No. 03 -96, amending Chapter 110 -493, Access. Upon a 5 -0 vote, Ordinance No. 03 -96 was approved for second reading with voting as follows: Mr. Bruns, Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. REPORTS Audience • A resident queried about the status of Cape Sierra. City Manager, Bennett Boucher, responded that Cape Sierra Golf & Swim Club, Inc. filed suit in the U.S. District Court seeking a permanent injunction prohibiting the enforcement of the City of Cape Canaveral's zoning code that regulates the placement of adult entertainment establishments within industrial zoned districts. Cape Sierra is currently located within a commercial zoning district. The U.S. District subsequently declared the City's zoning ordinance enacted in 1986, as legally void for failure to meet advertising 1 1 1 City Council Meeting Minutes February 6, 1996 Page 5 City Manager requirements. This order is presently under appeal in the 11th Circuit Court of Appeals. The city has since adopted a new zoning ordinance that regulates the location of adult entertainment establishments within industrial zoning districts. Cape Sierra is opening an all nude club today. The Code of Ordinances does regulate the conduct which occurs in adult dancing establishments and will enforce its codes to the fullest extent allowed by law. • City Manager Boucher reported that the City received a safety award from the National Safety Council for 625 days without an accident. • City Manager Boucher reported that the FDEP will allow one year to evaluate the wastewater system after it is up and running before mandating flow requirements. • City Manager Boucher stated that he and Lt. Salvo have concluded that they recommend the city staying with the county Bingo ordinance due to the complexity of regulations which would be required to change. The Council concurred with the recommendation. • City Manager Boucher reported that the P2000 grant proposed conceptual agreement is scheduled for February 8, 1996; the management plan is due in April; and closing should be sometime in the summer. City Clerk No Report. City Attorney • Mr. Bennett thanked Council and staff for their well wishes during his recovery from an accident. Mayor Pro Tem Randels No Report. Buzz Petsos • Mr. Petsos urged Council to assist in recruiting members to the Community Appearance Board. 1 City Council Regular Meeting January 16, 1995 Page 6 • Mr. Petsos requested that adequate notice be given before ribbon cuttings and other functions requiring Council attendance. Leo Nicholas • Mr. Nicholas queried why Fire Chief Dave Sargeant is away. Mr. Boucher reported that he has taken a short sabbatical. • Mr. Nicholas queried if the tree inspection has been completed. Mr. Boucher reported that it should be done this month. • Mr. Nicholas recommended that the city contract with a commercial operation to tow and store abandoned cars if the city has no available facility. Council concurred. Burt Bruns Mayor Porter • Mr. Nicholas queried when the new Building Official will be starting work. Mr. Boucher reported that the city is still waiting for the results from the Hearing Officer before notifying him officially. • Mr. Bruns queried about the Abbott lawsuit. Mr. Boucher reported that the city has filed for dismissal. • Mr. Bruns queried if anything has been done about the Applegate property on Washington Avenue. Mr. Boucher reported that the City Attorney will research the possibilities. • Mayor Porter recommended that the city hold a "Movie in the Park" during summer. Council concurred with his suggestion. ADJOURNMENT: 9:45 p.m.