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HomeMy WebLinkAbout04-16-1996 Regular Meeting1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 16, 1996 7 :00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: COUNCIL MEMBERS PRESENT: Burt Bruns Leo Nicholas 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 PRESENTATIONS: Crime Line Poster Contest Winners Lt. Steve Salvo introduced Deputy Andrew Walters who explained that the contest was to illustrate the theme of the Crime Line. He stated that the objective was to get the crime line out into the community. Deputy Walters related that 50 posters were submitted from Cape View Elementary and the winners were from the 5th and 6th grade classes. Lt. Salvo presented letters and certificates to the winners as follows: Third Place Winner Second Place Winner First Place Winner Amanda Gant Terri Breeden Kelly Kolsch 5th grade 6th grade 6th grade 1 1 1 City Council Regular Meeting April 16, 1996 Page 2 Mayor's Award to Sherilan Moler, Charter Member of the Cape Canaveral Citizen Observer Program Lt. Salvo commended Ms. Moler for her contributions to the Citizens observer program and related that she will be missed. Mayor Porter presented her with the Mayor's Award. Employee of the Quarter - Diane Kozlak, Finance Department City Treasurer, Deborah Haggerty Barker, commended Ms. Kozlak for her outstanding performance, relating that part-time employees do not always display the interest and loyalty that Ms. Kozlak possesses. Mayor Porter presented her with the award. PROCLAMATIONS: NATIONAL PUBLIC WORKS WEEK Mayor Porter read the proclamation and commended the public works department for the work and city goals they have accomplished. Public Works Director, Michael Gluskin, was present to receive the proclamation. Consensus was to consider item number 8 at this time to accommodate the public who were in attendance regarding the library expansion. 8. Library Expansion Funding A motion was made by Mayor Porter and seconded by Mr. Bruns to approve funding $123,870 to fund the library expansion project shortfall. Mr. Petsos expressed his concern that the growing interest on the bond funds should be credited against this shortfall and, the normal operating and maintenance expenses which would have been expended on the air conditioning system should be credited toward the purchase expense of the new system. Further, any additional funding received by Brevard County should provide a pro rata credit to Cape Canaveral, whether before, during or after construction of the Cape Canaveral Library. Ms. Joan Van Sickle, Brevard County, stated that the county will exhaust their funds before requesting payment from the city. Mr. Vislay related that the air conditioning is nine years old and is more cost effective to be replaced. An amending motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve funding with the understanding that any further funding received by the County will provide a pro rata reimbursement to the city. Ms. Marilyn Rigerman opined that the city should commit to funding, but with close scrutiny of the spending. She stated that it has cost the city more by being solely under the county's control. The motion carried 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion to approve funding of $123,870 to the library expansion project carried 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 1 1 City Council Regular Meeting April 16, 1996 Page 3 BOARD APPLICANT INTERVIEWS: Mary Krenzer - Commercial Development City Attorney, Kohn Bennett, queried Ms. Krenzer as to her residency. She related that she has been a Cape Canaveral resident for three years. She has never held public office or served on a governmental board. When queried about the source of her interest, Ms. Krenzer responded that the she became interested in serving the city through the articles in the Cape Canaveral/Cocoa Beach Press. She related that her concerns for the city are to maintain cleanliness, the environment and keeping the balance of residential and business character. Mr. Petsos queried if Ms. Krenzer might be interested in serving on the Community Appearance Board. She stated that she will meet with the City Clerk to determine if she would indeed be interested. RESOLUTIONS: 1. Mayor Porter read Resolution No. 96 -18 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos, appointing an alternate member to the Recreation Board of the City of Cape Canaveral for a term to expire on October 1, 1998, inserting the name Steve Roney. The resolution 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. 2. Mayor Porter read Resolution No. 96 -19 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO COMMUNITY APPEARANCE REVIEW UNDER ORDINANCE NO. 16-95; EXTENDING THE EFFECTIVE DATE OF THE ORDINANCE ADOPTED ON DECEMBER 19, 1995; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels, extending the Community Appearance Board effective date for a period of ninety (90) days. The resolution 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. 3. Mayor Porter read Resolution No. 96 -20 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO NATURAL GAS SERVICE; EXTENDING THE 1 1 1 City Council Regular Meeting April 16, 1996 Page 4 EXPIRATION DATE OF THE AGREEMENT GRANTED PURSUANT TO THE ORDINANCE ADOPTED ON JANUARY 18, 1966, MAKING FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos, extending the City Gas Franchise expiration date for a period of one hundred eighty (180) days. The resolution 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. Consensus was to consider item number 12 at this time to accommodate those in the audience attending for this matter. 12. Mr. Bruns expressed concern regarding the Planning & Zoning Board and Board of Adjustment quasi-judicial authority and procedures. He related an example that through Planning & Zoning, a variance could be recommended and approved when sent to the Board of Adjustment. He opined that critical decisions could be made without Council review. Mr. Randels stated that zoning changes can be made by boards who are not ultimately responsible. City Attorney, Kohn Bennett, stated that today's trend is for Councils to sit for all quasi - judicial decisions. He opined that boards uninvolved in planning can make mistakes and that there are good reasons to keep the boards as they are as well as good reason to change them. He stated that appointing good board members with the same philosophy as Council, and with the Council staying aware of the boards activity, it should be acceptable. Mayor Porter queried if it would be appropriate to have a joint meeting with the Planning & Zoning Board and Board of Adjustment to educate them on the Comprehensive Plan. Ms. Ann Thurm interjected that most Board of Adjustment members are more familiar with the Comprehensive Plan than most Council Members due to their lengthy tenure on the Board. Mayor Porter queried if there is a way to defer large impact items to the Council. Council consensus was for staff to survey the way other cities delegate authority to their land use boards. City Attorney, Kohn Bennett, opined that most have a tiered system. The first is generally staff who would determine if the land use consideration is appropriately delegated to the Boards or of large enough scale to be adjudicated by Council. He related that historically, this has been the area most lacking in the city. The second tier, he stated, is usually the Planning & Zoning Board who makes recommendations based on 1 1 City Council Regular Meeting April 16, 1996 Page 5 staff information and applicant facts. The third tier is usually the elected officials. Mr. Bruns clarified that he has no quarrel with the boards or its members, he just does not have confidence in the administration of them. Mr. Nicholas stated that originally, the City Council served on all land use issues. It was purposely delegated to an independent board as a method of deterring political considerations. He stated that even though there have been disagreements, no detriment has come to the city by the land use boards. He concurred with Ms. Thurm that the Comprehensive Plan is a very complicated document that takes continuous review and opined that the Council is not thoroughly familiar. He stated that by keeping the Comprehensive Plan strict (density, height & restricting commercial properties along the beach), the independent boards have a document for direction in conjunction with Florida Statutes for making fact finding decisions without political motive. He related that if a Board makes an unacceptable decision to an applicant, they can appeal to the Circuit Court. That method of appeal is added impetus for the board to base their conclusions on lawful findings of fact. The Comprehensive Plan sets the lawful parameters of local philosophy on land use and should be the key source in decision making. That is one of the reasons it is such a monumental task to develop, it illustrates the city's land use position without infringing on property owners' rights. Ms. Thurm stated that the Board of Adjustment was created in 1972 because the Council permitted a variance and residents threatened to sue. Ms. Rigerman related that she and all members of the Board of Adjustment appreciate the concern for potential lawsuits. She explained, that is the reason every decision is made according to lawful findings of fact. Every decision must remain completely apolitical. Further, no opinion is relevant to a decision if it deviates from the law (findings of fact). Ms. Bea McNeely stated that these are the reasons the Boards still need an educational work shop with the City Attorney to be fully educated on the legal parameters of their recommendations and decisions. City Engineer, Roy Cowle, explained that the city does not provide for conditional use decisions which give latitude for height and density deviations with stipulated conditions which have been determined to be an appropriate trade -off, as most governmental entities. Special exemptions or variances are the only departures from the code. Mr. Petsos related that he was concerned with the process required when obtaining the permits to install the youth center trailer. He opined that he questions the need to go through the same procedures twice, requiring additional time to have these decisions made. 1 1 1 City Council Regular Meeting April 16, 1996 Page 6 Council consensus was to discuss this item further in a workshop on May 16, 1996 at 7:00 p.m. CONSIDERATIONS: Council consensus was to consider item no. 6 at this time. 6. Mr. Michael Burton presented Council information on a Volumetric Wastewater Rate Study. The cost would be $14,731 if performed by Burton and Associates. Mr. Burton related that volumetric is the most fair system of charging, even though a fixed rate is factored in on all accounts. The analysis provided before was based on projected and estimated data which was not available from Cocoa at that time. The data is now available and a number of alternatives can be outlined. All will have a customer impact analysis. This will be shown graphically and with numbers. He stated that revenue preservation is the first concern and will never be lessened though pursuing a more equitable rate for all customers. Mr. Bruns queried what type of businesses are usually the most highly impacted. Mr. Burton stated that laundromats are, but the city does not have a laundromat. Classifications will protect against unbalanced rates with the fixed rate for cost of service. Mr. Petsos stated that he is uncertain about changing the rate structure, but asserts that we should have the most fair rate for all. He expressed concern and disfavor in having to spend more on a study, but apparently that volumetric is the proper rate structure because it is legally defensible. Public Works Director, Michael Gluskin, stated that most cities use volumetric water and multipliers for sewer, but he opined that a flat rate is the most simple, avoiding customer reaction to leaks and unexpected volumes of water usage. Mr. Bruns queried if it is necessary to be completely fair and equitable when everyone is satisfied. City Treasurer, Deborah Haggerty Barker, stated that she knows of no other entity on a flat rate structure as Cape Canaveral. She recommended that the Council seriously consider the volumetric study. Council consensus was to have Mr. Burton make another proposal on revising the current residential flat rate structure and the commercial rate structure for the May 7,1996, Council meeting. 4. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of March 19, 1996. The motion passed 5 -0 1 1 1 City Council Regular Meeting April 16, 1996 Page 7 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of April 2, 1996. The motion passed 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. City Treasurer, Deborah Haggerty Barker, appeared before Council explaining the Quarterly Budget Transfers and Treasurer's Report. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve the Quarterly Budget Transfers and Treasurer's Report as presented. The motion carried 5 -0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Nicholas to approve funding for street light installation program, including a temporary employee. The motion carried 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. A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve funding for Prime Path Sidewalk Plan in the amount of $30,000. Mr. Nicholas queried if there is such a thing as a sidewalk utility tax. City Attorney, Kohn Bennett, replied that the only equitable approach is by special assessment. Mr. James Roberts, a COPS volunteer, stated that children still walk in the streets on their way to school. Mayor Porter explained that the Prime Path Plan will have to be highly publicized to educate residents on where the prime paths lead. DISCUSSION: 10. Mayor Porter stated that a Cocoa Beach resident requested the city's support to contact the FDOT to reinstall the A1A Traffic Light at Shephard Park Drive. Council consensus was in support of the light and to discuss the issue at the joint meeting of the Cocoa Beach and Cape Canaveral Councils. 11. Due to the late hour, consensus was to defer the Wireless Communication possibilities discussion to the Thursday, May 16, 1996 Workshop meeting. 13. Consensus was to identify allocations to the Reserve Fund Policy during budget review. Mayor Porter requested that staff prepare a plan to install palm trees at each beach end street with initial and maintenance costs. Mr. Nicholas stated that the canal on Central Boulevard is terribly overgrown on both sides and looks suspicious for sewage intrusion. He commented that the area needs to look better and that water samples should be taken. Public Works Director, Michael 1 1 1 City Council Regular Meeting April 16, 1996 Page 8 Gluskin, explained that the canal is most likely in a condition likened to the river behind the wastewater treatment plant. He recently illustrated to a marine patrol and a Treasure Isle resident that the natural sediment has a similar appearance to raw sewage. REPORTS 14. City Manager's Report. 1. City Manager, Bennett Boucher, reminded Council of the Tuesday, May 14, 1996 joint meeting of the Cocoa Beach and Cape Canaveral Councils. 2. Mr. Boucher recommended that Council oppose the County Occupational License Ordinance which would create a $2,000 revenue loss for the City. Council consensus was to oppose the occupational license change proposed by the County. Audience No reports or comments. City Attorney City Attorney, Kohn Bennett, reported that he will be meeting with the City Building Official regarding the Applegate property on Friday, April 19. Mr. Bennett submitted a report of all current litigation within the city, even though he is not the representing attorney in all cases. Buzz Petsos Mr. Petsos requested that a discussion item be placed on an agenda concerning the permitting process. He related that he is concerned that there is duplicity which evolves into taking too much time to obtain permits as just experienced with the installation of the youth center. Council consensus was in favor. Mr. Petsos requested that a discussion item be placed on an agenda concerning service re- connect fees. Council consensus was in favor. Mr. Petsos reported that the youth center trailer is on the field and will have the final anchoring. Burt Bruns No report. 1 1 1 City Council Regular Meeting April 16, 1996 Page 9 Leo Nicholas No report. Mayor Pro Tem Rocky Randels Mr. Randels reported that the Trash Bash will be held on Saturday, April 20 and t -shirts are available for volunteers. Mr. Randels reported that the Beach Improvement Committee has $25,000 available in grant funds which the city might apply for a manatee observation deck. Mayor Porter Mayor Porter requested that the City provide flowers in honor of all Board Secretaries on Secretaries Day. Mayor Porter reported that a letter of support was requested by Peter Cunningham for an A1A Study for the FDOT corridor. Consensus was in favor of supporting the corridor study. ADJOURNMENT: 10:05 p.m.