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Home My WebLink About04-01-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 1,1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Deborah Haggerty Barker Building Official, G. J. "Whitey" Moran Public Works Director, Edward Gardulski PROCLAMATIONS: Keep Brevard Beautiful Week and "Trash Bash" Day Mayor Pro Tem Randels read and will forward the proclamation to the Keep Brevard Beautiful organization. d Aoityctetk\citycnc\min„tesiregularU 997loa- O1.97400 National Records and Information Management Week City Clerk, Sandra Sims, received the proclamation. International Building Safety Week Mr. Hernandez read the proclamation and Mayor Porter presented it to the Building Official, G.J. "Whitey" Moran. 1 1 1 City Council Regular Meeting Minutes April 1, 1997 Page 2 INTERVIEWS: Dolores J. Stribling, Community Appearance Board was unavailable for the interview. City Attorney, Kohn Bennett, interviewed Mr. Thomas H. Quinn, Construction Board of Adjustment and Appeals. Mr. Quinn stated that he is not a member of any other board either inside or outside the city. He was on the Planning & Zoning Board previously. He does not have family on other boards within the city. Mr. Quinn stated that he has no problem serving in a quasi-judicial capacity. CONSIDERATIONS: 1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the City Council Regular Meeting Minutes of March 18,1997. The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. (Tape 1, #261) 2. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the high pressure sewer cleaner purchase in the amount of $29,763, through an existing contract between Hillsborough County and Harben, Inc. . The motion passed 5 -0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. (rape 1, #302) PUBLIC HEARINGS ORDINANCE - FIRST READING: 3. Mayor Porter read Ordinance No. 05 -97 by title. (rape 1, #352) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110 -1, DEFINITIONS, BY REDEFINING HOTELS AND MOTELS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Randels submitted a voting conflict of interest form due to his business involvement with the Radisson even though he is not paid for his services. Form 8A is attached and incorporated into the minutes of the meeting. City Manager, Bennett Boucher, explained that the petition is requested by Arthur Berger, Aedile Contractors. The Planning & Zoning Board recommended to the City Council at their March 12, 1997 meeting to reduce the minimum guestroom requirement from 150 units to 75. Under the current 150 unit requirement, it would take a minimum of five (5) acres to develop a hotel/motel. The proposed change would require a minimum of two and one -half (2.5) acres. This ordinance applies to the C -1 zoning district only. 1 1 City Council Regular Meeting Minutes April 1, 1997 Page 3 Arthur Berger, Vice President of Aedile Contractors in Cape Canaveral and resident at 627 Adams Avenue, spoke as petitioner of the proposed ordinance change. He opined that 75 unit minimum hotel/motels are the general trend in smaller areas and that they are more desirable for Cape Canaveral's A1A corridor than service stations and small retail stores. Mr. Bob Carre, General Manager of the Radisson, Cape Canaveral spoke in opposition to the smaller hotel concept. City Manager, Bennett Boucher, stated that through research he has determined that market trends dictate sizes and where hotels are built; and most importantly, the city determines what it prefers the character of zoning to be. Mr. Leo Nicholas, Planning & Zoning member stated that although he voted in favor of approving the 75 unit minimum, he is concerned that Cape Canaveral will reap the spill over clients of the port seeking lesser accommodation. Ms. Beatrice McNeeley, Planning & Zoning Chairperson, responded to the question, "Why did the board approve the proposed ordinance amendment ?" She stated that the only change proposed was the number of units reduction, which was at the same acreage ratio (150 units/5acres versus 75 units /2.5 acres). She stated that the board opined that a larger hotel does not ensure a nice hotel, relating the history of the current Radisson property. Mr. Petsos expressed his concern for higher crime and signage. Further, he reported that he had conducted an informal survey of his beachside area residents and there was strong opinion against the concept of small hotels lining the C -2 zone. Mr. Hernandez related that he had recently driven down International Drive in Orlando and imagined that Cape Canaveral's corridor could potentially have the same undesirable appearance if we allow small hotel/motels. Mr. Kurt Tezel, Merritt Island resident owner of over 30 acres in Cape Canaveral, spoke opining that the Council should approach the proposed ordinance amendment with the mind set of drafting a new ordinance. He further opined that 150 units is not a valid benchmark. It should be considered with original, fresh eyes. Mr. Tezel stated that International Drive is not just a strip of hotels. He also related that bigger buildings do not mean they will be better quality. Mayor Pro Tem Randels related that Cape Canaveral residents are most concerned with maintaining low density, high quality development. Mr. Bruns stated that he believes the City should advocate larger businesses which will provide a stronger job base for residents. Mayor Porter stated that it is proven that the Radisson has produced a substantial number of police calls, verifying the validity of potential crime. He stated that even though his first instinct when hearing the proposed amendment was in favor, he believes that the City 1 1 1 City Council Regular Meeting Minutes April 1, 1997 Page 4 should remain cautious and conservative in changing the current zoning foundation of the City. The proposed ordinance failed for lack of a motion or second. ORDINANCE - SECOND READING: 4. Mayor Porter read Ordinance No. 04 -97 by title. (Tape 1, #2412) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING MINIMUM REQUIREMENTS, PROCEDURES, REGULATIONS, AND APPLICATION INFORMATION FOR FRANCHISE AGREEMENTS OR RIGHT -OF -WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHT -OF -WAY USE AGREEMENTS; PROHIBITING THE USE OF ANY PUBLIC RIGHT -OF -WAYS LOCATED WITHIN THE CITY WITHOUT OBTAINING AN AGREEMENT OR PERMIT FROM THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EF'F'ECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Bruns to adopt Ordinance 04- 97 on seconded reading. Discussion ensused. City Attorney, Kohn Bennett, related that he had made the recommended change on page 4, changing the term "deposit" to "application fee." City Manager, Bennett Boucher, reported that as a result of informing City Gas of this pending ordinance mandating a minimum 15 year franchise term, a signed agreement was received today. Mr. Petsos queried why the requirement for "jack and bore" is not included in the ordinance. City Attorney, Kohn Bennett, stated that it will be contained in the follow -up zoning utilities ordinance and agreements. Public Works Director, Ed Gardulski, stated that the proper term is "directional bore." There was no public comment. An amending motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to add to page two, (6) last sentence, "The applicant shall not be authorized to open cut any roadways in the City unless the applicant can demonstrate to the building official that directional bore installation is not possible. The amending motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 City Council Regular Meeting Minutes April 1, 1997 Page 5 Ordinance No. 04 -97 was adopted 5 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. DISCUSSION: 5. Mayor Porter explained that revising the Commercial Development Board Membership from nine members, to five members and two alternates has been recommended. Mr. Leonard Folcarelli, Board Chairperson, stated that he is in favor of the decreased membership. He stated that the board will likely be more effective with a smaller board and since there are current vacancies, it is an opportune time to decrease the size. Council concurred to have the City Attorney draft an ordinance decreasing the size of the Commercial Development Board to five regular members and two alternates. (Tape 1, #3264) 6. Mr. Jovan Barzellatto, resident and contractor, spoke requesting reconsideration of an ordinance amending chapter 110, article v, nonconformities, by amending section 110 -193, nonconforming structures; providing an exception to the prohibition of enlarging nonconforming residential structures on nonconforming logs of record. He related that the issue started with a resident requesting him to construct a garage extension along the current (nonconforming) setback, not into it, which is not allowed. He related that the City's ordinances do not provide for variances to accommodate this type of request as other communities and the county do. He opined that if the City does not provide a vehicle for accommodating this type of request, the single - family home owners with grandfathered nonconformities may not be financially able to improve their homes within current regulations, therefore, forcing them to sell and/or convert to multi- family homes (duplexes or townhouses). Building Official, G. J. "Whitey" Moran stated that the intent of the code is to do away with nonconfon pities, not to encourage their survival. He further clarified that at no time has staff supported this proposal. He related that most hardships are self - imposed and there are alternatives for most cases. Mayor Porter stated that apparently, the Council needs to identify their philosophy on whether to try to be single - family friendly or to encourage multi - family turnovers. He related that the City could strive to provide incentives with trade -offs such as variances or fee reductions, understanding that even though expansions are not precluded through current regulation, it is often cost prohibitive to redesign without maintaining a nonconformity. City Attorney, Kohn Bennett, explained that the City needs to steer clear of the realm of variances because it goes into quasi-judicial procedures concerning property rights, putting very high burden of proof on the city. Mr. Leo Nicholas opined that administrative variances do not work because the City Council is left out of the loop. Mr. Hernandez stated that even though it has been mentioned that there has been only one applicant thus far, when one home is improved, it is proven that others follow. 1 1 1 City Council Regular Meeting Minutes April 1, 1997 Page 6 Council concurred with Mr. Petsos that staff should research and develop a way to accommodate nonconforming structure homeowners to be able to revitalize their homes and expand with reasonable criteria. (Tape 1, #3422 & Tape #2) REPORTS: City Manager - Bennett Boucher (Tape 2, #2104) • Mr. Boucher commended Recreation Director, Nancy Hanson and her staff for the outstanding Easter Egg Hunt activities. • Mr. Boucher reported that the City has received a certificate of appreciation from Brevard County for the City's Juvenile Justice participation. • Mr. Boucher reported that an appreciation certificate was received from the United Way for the city's 1995 -1996 participation. He commended Susan Stills, Deputy City Clerk, for serving as this year's coordinator. • Mr. Boucher reported that the closing was held for the purchase of the City's Manatee Park Sanctuary with the grant funds received. Audience (Tape 3, #678) • Mr. Leo Nicholas, Planning & Zoning Member (former Council Member) requested if he could attend the Space Coast League of Cities Dinner Meeting at his own expense. Council consensus was in favor of his attendance. • Mr. Nicholas reported that there are residents who are opposed to the proposed Longpoint/Columbia Drive Park Council concurred that a neighborhood meeting will be held to inform residents of the City's intent for the park City Clerk - Sandra Sims (Tape 2, #2421) • Ms. Sims explained that the verbiage for a postcard mailout soliciting volunteers has been distributed for Council's review. Mayor Porter related that he had requested this item to also solicit volunteers for Recreation Department activities and the Volunteer Corps. Council concurred that a mailout is timely, but that it should be in the form of a flyer or brochure to provide a response form. • Ms. Sims related that a date needs to be suggested for the next joint meeting with the City of Cocoa Beach will be hosted by the City of Cape Canaveral. Council concurred to propose Wednesday, May 28, 1997 at 6:30 p.m. City Attorney - Kohn Bennett (Tape 2, #2512) • Mr. Bennett related that there is a case from the Supreme Court regarding Comp Plan Amendments which will affect city procedures. He will prepare a written report. 1 1 1 City Council Regular Meeting Minutes April 1, 1997 Page 7 Mayor Pro Tem - Rocky Randels (Tape 2, #2578) • Mr. Randels commented in regard to a letter received from a local youth expressing her appreciation of the Youth Center facility. He commended the Recreation Department and Mr. Petsos for their efforts. • Mr. Randels commented on a recent newspaper article regarding Titusville having 75 miles of streets to be repaved and having to assess property owners. He advised Council that the City needs to look closer at the City's streets during budget considerations to be certain that Cape Canaveral will not have to pursue street assessment in the future. Council concurred that Public Works is to develop a plan depicting street conditions and time tables with budget estimates. Council Member - Buzz Petsos (Tape 2, #2653) • Mr. Petsos reported that he arranged for a NASA presentation regarding the Cassini Launch scheduled for October. The meeting will be held at the library on May 5, 1997. • Mr. Petsos reported that a Police Athletic League is being proposed for formation in the City. • Mr. Petsos reported that the Space Coast League of Cities meeting is being hosted by the City on April 14, 1997 and he encouraged City Department Heads, including the Fire Chief and Sheriffs Canaveral Precinct Commander. Council Member - Tony Hernandez (Tape 2, #3400 -Tape 3) • Mr. Hernandez expressed concern for observations of potential crime at Canaveral City Park during Little League practice. He explained that police visual presence may deter menacing people and behaviors. His concern that there are "non- children" loitering and using the telephone. There was extensive discussion regarding hiring security and other alternatives to provide safety. Consensus was to invite Major McGee, Canaveral Precinct Commander, to attend the next meeting to discuss greater options for this area. • Mr. Hernandez reported that the County has issued a work request regarding issuing Cost of Investigation Fees to the City. There will be a written agreement stipulating the terms. • Mr. Hernandez queried if a Cruise User Fee Referendum at the district level has been considered yet. City Attorney, Kohn Bennett, stated that he believed the City should wait until the outcome of H.B. 103 has been realized. Council Member - Burt Bruns No report. Mayor - John Porter No report. The meeting adjourned at 10:15 p.m. City Council Regular Meeting Minutes April 1, 1997 Page 8 1 AF1'EST: rit ��na ft Sandra 1€ozar 'Sims , :CITY CLERK 1 Rocky Randels Public Relations & Marketing 8701 Astronaut Boulevard Cape Canaveral, Florida 32920 Telephone: (407) 784 -0000 Fax: (407) 784-3 737,, p .. r • DISCLOSURE OF STATE OFFICERS INTEREST I, 0 C Q-611%3 , hereby disclose that on 1 ,19 cr 7+ : (a) A measure came or will come before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, inured to the special gain of • by whom I am retained; or ��yy inured to the special gain of P' A� t StStt) 1� , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: c g i Vspro Q Q, c2,44.„1‘;,1 ;4205..\-2/Ls -4) C'� m C c6,9 fv-1 C_QtAAV.! c`—VO Q 4212;V-67,ACkfs CrAf,,, Cx) t'- d HQ- ; :io .i\l-fey‘xt(2 ‘1/4;„kvskA„„A.4_iz_ vr-cA1/4_,Q �o �si.0�s� i�i6d eti kkAA.LAI %kA„ i Date Filed 1 ^ . e 1et oi� NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8A - REV. 1/94 PAGE 2 FORM 8A MEMORANDUM OF VOTING CONFLICT _: FOR STATE OFFICERS LAST NAME —FI • -r NAME—MIDDLE NAME RAC °Q-\-. IDCV-1 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE C.rr9 C.,0 v Pa c L MAILING ADDRESS J P. 0 s 0E1 NAME OF STATE AGENCY c- 1 I Y 0 F C ClA N u 41 A � CITY COUNTY . ,. C 0 a k.QA. MY POSITION IS: LECTIVE ❑ APPOINTIVE DATE ON WHICH VOTE OCCURRED WHO MUST FILE FORM 8A This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with v depending on whether you hold an elective or appointi this form before completing the reverse side and filing t INSTRUCTIONS FOR COMPLIA ELEMSD OFFIOERl As a gersnn_hs1u'-.; . �r state o ou vote _o kleJee ve- principal 13y_10 o= yorsareintained (i tng the •f::►�a.►�., i a� tisn ter - subsidiary gf < corporate= principallorwhich =you a're re wined), al=prisbtegairi- of ablative; arm the special. pr iva_t ai i _ f - busines a &1-Iowever, if you vote on such a measure you must complete this form and file the fo within 15 days after the vote occurs with the person responsible for record- ing the minutes of the meeting, who must incorporate t e form in the minutes. For purposes of this law, a "relative" includes only you father, mother, son, daughter, husband, wife, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate means any person or entity engaged in or carrying on a business enterprise with you as a partner, joint venturer, coowner of prope y, or corporate shareholder (where the shares of the corporation are not list- ed on any national or regional stock exchange). • * * * * * * * * * * * * * * * ting on a measure in which you have a conflict of interest will vary greatly e position. For this reason, please pay close attention to the instructions on ie form. CE WITH SECTION 112.3143, FLORIDA STATUTES APPOINTED OFFICERS: As a person holding appointive state office, you may vo • on a measure which inures to your special private gain; to the special gain of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain of a relative; or • the special private gain of a business associate. However, you must disclose the nature of the conflict before voting or before mak'ng any attempt to influence the decision by oral or written communication, whether made by you or at your direction. For purposes of this law, a "relative" includes only you father, mother, son, daughter, husband, wife, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate means any person or entity engaged in or carrying on a business enterprise with you as a partner, joint venturer, coowner of prope y, or corporate shareholder (where the shares of the corporation are not list- ed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO I LUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before mak ng any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incor•• rate the form in the minutes. • A copy of the form must be provided immediately to he other members of the agency. • The form must be read publicly at the next meeting : fter the form is filed. iF YflTt T -- B-TG INF-Ld NC TI IE P o ` - £-M YI C SSIOI` R t{3TE-AT- `Ii EI ` : • You must disclose orally the nature of your conflict i the measure before participating. • You must complete the form and file it within 15 da s after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in e minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read . ublicly at the next meeting after the form is filed. CE FORM 8A - REV. 1/94 PAGE 1