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Home My WebLink About02-20-1996 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 20, 1996 7 :00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 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 City Treasurer, Deborah Haggerty Barker PROCLAMATION: Country Acres Parental Home Year Mayor Porter read the proclamation and made the presentation to Mr. Ragsdale. PRESENTATION: Mr. Bob Lawton and Ms. Pat Vann appeared before Council requesting that the City support Cocoa Beach High School's plan to institute an International Baccalaureate Program. It was explained that Two thousand dollars will be needed from the City of Cape Canaveral, three years consecutively to support the initiating program. The Brevard School Board will fund the program after the introductory three years. Council consensus was in support of the International Baccalaureate Program and that a proclamation be formulated demonstrating Council's intent to support the project. 1 1 1 Regular City Council Meeting Minutes February 20, 1996 Page 2 MINUTES: 1. Upon a motion by Mayor Pro Tem Randels and seconded by Mr. Nicholas, the Regular Meeting Minutes of February 6, 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. DISCUSSION: 2. City Treasurer, Deborah Haggerty Barker presented two examples of alternative budget styles for Council's consideration in lieu of the current line item detail budget. Ms. Barker explained that Performance Based Budgeting is accomplished by assigning a "bottom line" lump sum of money to achieve a defined number of tasks during the year. The departmental budgets are itemized only by: 1) Personnel; 2) Operating; 3) Capital Expenditures. Program Performance Based Budgeting assigns funds based on defined programs to be accomplished during the year. The departmental budgets are itemized by program with expenditures itemized only by: 1) Personnel; 2) Operating; and 3) Capital Expenditures. Ms. Barker explained that the benefits to the alternative budget styles would be streamlining the process and emphasizing performance, goals, programs and tasks. The disadvantages would be the loss of itemized detail of Council expenditure authority. Council consensus was to retain the current method of itemized budgeting and adding the defined projects and goals concurrently to illustrate the budget expenditures. 3. City Manager, Bennett Boucher, present the proposed citizen survey to be distributed for feedback on city services. Council consensus was in favor of sending a survey, however, each Council Member should forward his suggested changes to the document. Mr. John Barnes, Editor, Cape Canaveral Press was present and offered that the newspaper is delivered to every resident excluding apartments and condominium which have no receptacle. Further, consensus was for staff to obtain a quote for printing and mailing (postage) the surveys for consideration at the next Council meeting. 4. Mayor Pro Tem Randels requested that Council review Brevard County's Occupational License Tax Ordinance for the possibility of opting out. He queried how much will Cape Canaveral lose in revenue if the county ordinance is passed. City Attorney, Kohn Bennett, opined that it is not likely that the ordinance will affect cities if it is passed. He related that he will report at the next meeting after research, if the city will be affected or not and why. Further, he will report how to opt out if necessary. 1 1 1 Regular City Council Meeting Minutes February 20, 1996 Page 3 RESOLUTIONS: 5. Mayor Porter read Resolution No. 96 -09 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA REQUESTING THE 1996 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON- FEDERAL PROJECTS, AND TO IDENTIFY A LONG -TERM DEDICATED FUNDING SOURCE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the resolution requesting the 1996 Florida Legislature to provide adequate funding for the preservation and repair of the state's beaches. Resolution No. 96 -09 was approved with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mayor Porter read Resolution No. 96 -10 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; PROVIDING FOR BID AWARD #95 -08 FOR THE PHASE I- RECLAIMED WATER SYSTEM IMPROVEMENTS PROJECT TO RKT CONSTRUCTORS, INC. AND PROVIDING FOR EXECUTION OF THE CONTRACT DOCUMENTS BY THE MAYOR; PROVIDING AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the resolution awarding Bid #95 -08 for the Phase I - Reclaimed Water System Improvements Project to RKT Constructors, Inc. Discussion ensued regarding Hartman & Associates' cost estimates which were $195,745 under the actual cost. It was explained that cost differentials over the past 2.5 years and design changes caused the over run, not by inflated bidding for this contract. The bid was actually more than $250,000 under Hartman's estimate at the time of publishing the bid. Resolution No. 96 -10 was approved 4 -1 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, Against; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCE: FIRST READING 7. Mayor Porter read Ordinance No. 03 -96 by title. 1 1 1 Regular City Council Meeting Minutes February 20, 1996 Page 4 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 10 -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 Mr. Nicholas and seconded by Mr. Bruns to approve the ordinance amending Section 110 -493, Access. Mr. Nicholas queried if subparagraph 2 amendment were made. City Attorney, Kohn Bennett, reported that they were. There was no public comment. on the ordinance. Ordinance No. 03 -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. ORDINANCE: SECOND READING 8. Mayor Porter read Ordinance No. 02 -96 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTIONS 10- 99,10- 114,10- 115,10 -116, 10 -117, 10 -119, AND 10-121 OF THE CAPE CANAVERAL CODE OF ORDINANCES IN THEIR ENTIRETY; ADOPTING A NEW SECTION 10 -119 PERTAINING TO THE CONTENT, TERM, RENEWAL AND EXPIRATION OF ADULT ENTERTAINMENT LICENSES; PROVIDING A NEW SECTION 10 -121 REQUIRING CERTAIN APPLICATION AND LICENSING FEES FOR ADULT ENTERTAINMENT BUSINESS; AMENDING SECTIONS 10- 100,10 -122, AND 10- 123 PERTAINING TO ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR AMENDMENTS TO APPENDIX B - SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Petsos to adopt the ordinance repealing Sections 10 -99, 10 -114, 10 -115, 10 -116, 10 -117, 10 -119, and 10 -121 of the Cape Canaveral Code of Ordinances in their entirety; Adopting a new Section 10 -116 Providing a Licensing Procedure for Adult Entertainment Establishments; A new Section 10 -119 Pertaining to the content, term, renewal and expiration of adult entertainment licenses; a new Section 10 -121 requiring certain application and licensing fees for adult entertainment business and amending sections 10 -100, 10 -122 and 10 -123 pertaining to adult entertainment establishments. City Attorney, Kohn Bennett, reported that the recommended change to page 8, subparagraph 2, was made to omit the provisions for 1 1 1 Regular City Council Meeting Minutes February 20, 1996 Page 5 a drive -thru establishment. There was no public comment. Ordinance No. 03 -96 was adopted 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. REPORTS 9. City Manager's Report. • City Manager Boucher reported that fliers have been distributed for Arbor Day activities. • Florida Power Corporation informed the city that street light outage reports may be faxed in. • City Manger Boucher commended Nancy Hanson, Recreation Director, for a successful Patriots Day parade and activities. • City Manager Boucher reported that a lawsuit has been filed against the city by Mr. Zapor for $125,000, plus punitive damages asserting that he has been denied use of his property. • City Manager Boucher reported that the Wastewater Treatment Plant expansion is currently ahead of schedule. Mayor Pro Tem Randels • Mr. Randels reported that he has been re- appointed to the TDC for a third term. • Mr. Randels reported that Sheriff Miller will be asking for a referendum to impose a $.01 sales tax for year to provide staffing for jail facilities. • Mr. Randels queried if the city intends to apply for the COPS MORE grant this year. Mr. Boucher responded that we are not intending to. • Mr. Randels reported that Brevard County is still considering joining Volusia County and Indian River County to form a regional planning council, breaking away from the ECFRPC because the county's dues are not benefiting Brevard. • Mr. Randels reported that he will be attending a Leadership Florida seminar which is being funded by Florida Municipal Health Trust. 1 1 1 Regular City Council Meeting Minutes February 20, 1996 Page 6 Council Member Buzz Petsos • Mr. Petsos requested that the Cocoa Beach High School International Baccalaureate Program funding be placed on the next agenda. • Mr. Petsos reported that $2,500 for hauling the youth center trailer is a high estimate. He requested that approval for funding the trailer and youth center be placed on the next agenda. • Mr. Petsos queried if the beach sand transfer will begin at Jetty Park or where it left off last year. Mr. Boucher stated that he will research and report on the status. • Mr. Petsos reported that he has heard that the Port wants to contract with Cape Canaveral, however, is negotiating with Cocoa Beach for a sewer contract. He queried if this was true. • Mr. Petsos suggested that agenda packets be available to Council at least one day early when City Hall is closed on Monday or holidays. Council Member Leo Nicholas • Mr. Nicholas queried if Cape Sierra is serving liquor. City Manager Boucher reported that, no, they are not. Mr. Nicholas queried if they have a liquor license. Mr. Boucher replied that it is most likely that they still do. • Mr. Nicholas expressed concern that he perceived at the last Planning and Zoning meeting that one person on the board was pushing through the Kirschenbaum presentation and request for a Planned Unit Development by directing them to consult with the City Engineer, Roy Cowle and City Manager Boucher. He reported that Mr. Cowle stated that he would get back with Mr. Kirschenbaum, which he considers to be beyond the City Engineer's authority. Mr. Nicholas stated that these action could jeopardize Council's position because Mr. Cowle reviews proposed ordinances and ordinance amendments. City Attorney, Kohn Bennett, agreed with Mr. Nicholas' concerns. Mr. Nicholas requested that a directive be given to the City Engineer to answer technical questions only to petitioners in zoning and building matters. Council Member Burt Bruns • Mr. Bruns echoed Mr. Nicholas' and Mr. Bennett's concern of the Planning and Zoning meeting activities, suggesting that the board needs scrutiny. 1 1 1 Regular City Council Meeting Minutes February 20, 1996 Page 7 • Mr. Bruns queried if Lloyd's have paid their outstanding sewer impact fee. Mr. Boucher reported that a lien has been placed on their property. • Mr. Bruns queried about the status of the Applegate beach property. City Attorney, Kohn Bennett, replied that he is researching the possibilities of condemning and other possibilities which will take time. Mayor Porter • Mayor Porter requested that 50 trees be planted on West Central with the new sidewalk. Council was in consensus. • Mayor Porter queried of the status of obtaining property west of AlA for a neighborhood park. Mr. Boucher replied that he will report back after Patriots Day. • Mayor Porter queried of the status of the sidewalk plan study. Mr. Boucher replied that the Public Works Director, Michael Gluskin, will make his report on March 15. There was no public report or comment. The meeting adjourned at 9:40 p.m. Sand •_ .O. Sims, CMC John K. Porter, Mayor