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HomeMy WebLinkAbout06-04-1996 Regular Meeting1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 4, 1996 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES: 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 1. A motion was made by Mr. Bruns and seconded by Mr. Nicholas to approve the City Council Regular Meeting Minutes of May 7, 1996 and the City Council Regular Meeting Minutes of May 21, 1996. APPEARANCE BY: Tim Fadul, General Manager, Western Waste Industries. Mr. Fadul reported that the merger with USA Waste Services will impact the city positively by providing greater resources. He related that the company will focus on customer service by providing better equipment and supporting its employees. He stated that some of the visual differences will be that all containers will be green (eliminating the orange ones); within one year, new containers will be in place; and there will be two new rear - loading collection trucks. Mr. Fadul explained the volatility of the recycling market, relating that some items net losses while others provide a profit. He stated that it would be difficult to collect only recyclables which would provide a monetary profit to the city and is equally as important from the moral paradigm of the environment. Council concurred with Mr. Fadul's explication. 1 1 City Council Regular Meeting June 4, 1996 Page Two ORDINANCE - Second Reading: 2. Mayor Porter read Ordinance No. 05 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING SECTION 110 -48, EXPIRATION, PROVIDING FOR AN EXPIRATION OF SPECIAL EXCEPTIONS; PROVIDING FOR SEVERABILTTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A.motion was made by Mr. Nicholas and seconded by Mr. Bruns to adopt Ordinance No. 05- 96 on its second reading. There was no public comment. The ordinance 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. ORDINANCE - First Readings: 3. Mayor Porter read Ordinance No. 06 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, GRANTING A CORPORATE FIBER OPTICS NETWORK NON - EXCLUSIVE FRANCHISE TO KMC SOUTHEAST CORP. AND AUTHORIZING THE USE OF THE PUBLIC STREETS AND RIGHTS OF WAY OF THE CITY OF CAPE CANAVERAL, FLORIDA FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A FIBER OPTIC NETWORK THEREON AND THEREUNDER; PROVIDING FOR APPROVAL AND EXECUTION OF A WRITTEN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND KMC SOUTHEAST CORP. WHICH SHALL SET FORTH THE TERMS AND CONDITIONS OF THE FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Ordinance No. 06 -96 for second reading. City Manager, Bennett Boucher, stated that KMC requires a ten year term in order to recoup their investment. Five years would not be sufficient. There was no public comment. Ordinance No. 06 -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. 1 1 City Council Regular Meeting June 4, 1996 Page Three 4. Mayor Porter read Ordinance No. 07 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-1, DEFINITIONS, BY ADDING A DEFINITION FOR MOBILE HOME; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to approve Ordinance No. 07 -96 for second reading. City Attorney, Kohn Bennett, stated that this ordinance change is proposed by Building Official, Whitey Moran. Mr. Nicholas queried, what impact will this have on the city? Mr. Bennett explained that the definition proposed is in line with the federal and state definition (HUD). Council requested that HUD standards for mobile homes be included in the second reading back up material. Further, Mr. Moran should attend the meeting to clarify questions or prepare an explicit document illustrating the impact of the ordinance change. There was no public comment. The ordinance 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. 5. Mayor Porter read Ordinance No. 08 -96 by title. AN ORDINANCE OF '1H E CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 82 -81, DEFINITIONS, BY AMENDING '1'IIE DEFINITION FOR MOBILE HOME; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Ordinance No. 08 -96 for second reading. There was no public comment. The ordinance 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. 6. Mayor Porter read Ordinance No. 09 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 66, ARTICLE II, STREETS, BY THE ADDITION OF A NEW SECTION 66 -27, SPEED BUMPS, PROHIBITING THE USE OF SPEED BUMPS WITHIN THE CITY LIMITS, AMORTIZING EXISTING 1 1 City Council Regular Meeting June 4, 1996 Page Four SPEED BUMPS WITHIN THE CITY, AND PROVIDING FOR THE USE OF RUMBLE STRIPS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was mad by Mr. Bruns and seconded by Mr. Nicholas to approve Ordinance No. 09- 96 for second reading. Fire Chief David Sargeant, explained that the proposed ordinance change is intended to provide for faster and safer response time to emergency calls for the Fire Department (Emergency Medical Services) and the Sheriff's Department. Mr. Sargeant related that residents on private streets are installing speed bumps which are very dangerous for emergency vehicles. Providing for rumble strips is an alternative to speed bumps and promotes better response time in emergency situations. During Council discussion, speed "humps" were suggested as a possibility. Allowing humps would preclude having to remove the existing speed bumps. They could be modified to conform to safer standards. Council consensus was to refer the ordinance back to staff for research on definitions and construction criteria for "speed humps." There was no public comment. Voting was 5 -0, as follows, contingent upon research criteria which may defer the ordinance back for first reading: Mr. Bruns, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. 7. Mayor Porter read Ordinance No. 10 - 96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 54, PARKS AND RECREATION, BY THE ADDITION OF SECTION 54-2, PARK HOURS, ADOPTING CLOSED HOURS WITHIN THE CITY'S PARKS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve Ordinance No. 10 -96 for second reading. Mr. Petsos recommended that the ordinance contain verbiage for flexibility concurrent with daylight hours and activities approved by the city, such as, Little League and other recreational programs. There was no public comment. 1 1 City Council Regular Meeting June 4, 1996 Page Five An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to amend the ordinance, inserting in line one, Sec. 54 -2, Except for city approved scheduled park activities. Voting on the amendment was 5 -0, as follows: Mr. Bruns, For; Mr. Nicholas, For Mr. Petsos, For Mayor Porter, For and Mayor Pro Tem Randels, For. Voting on the main motion was 5 -0, as follows: Mr. Bruns, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The ordinance was approved for second reading. RESOLUTIONS: 8. Mayor Porter read Resolution No. 96 - 27 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT 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. Bruns to approve Resolution No. 96 -27, Reappointing Members to the Commercial Development Board, inserting the names Alice Nielsen and Jon Wmdhorst, for terms to expire on June 1, 1998. Resolution No. 96 -27 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- 28 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Bruns to approve Resolution No. 28 -96, Appointing a Member to the Community Appearance Board., inserting the name Vickilyn Shea, for a term to expire on May 1, 1998. The Resolution was approved 5 -0, 1 1 City Council Regular Meeting June 4, 1996 Page Six with voting as follows: Mr. Bruns, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 10. Mayor Porter read Resolution No. 96 -29 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REQUESTING THAT THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS PLACE INTO SERVICE A SECOND ADVANCED LIFE SUPPORT (ALS) TRANSPORT UNIT SOUTH OF STATE ROAD 520. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 96- 29, Establishing a Second ALS Transport Unit south of State Road 520. Fire Chief David Sargeant, made a presentation on why and how a second ambulance should be placed into service south of State Road 520. Mr. Sargeant reported that he would be making the same presentation to the City of Cocoa Beach at their Thursday, June 6, 1996 meeting at 9:00 p.m. Council was in full concurrence with Fire Chief Sargent. There was no public comment. Resolution No. 96 -29 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. DISCUSSION: 11. Mr. Nicholas stated that he is concerned that the Fence Exemption for 266 Polk Avenue was granted due to a misrepresentation of the applicant. He reported that the application stated that the applicant lived there and the justification was based on the safety of his children. He stated that the applicant did not live there at the time, nor has he lived there since. Mayor Porter suggested the possibility of fences being considered as variances which would require a final decision by the Board of Adjustment. Even though Planning & Zoning acted on good faith of the applicant, the second scrutiny might be warranted. Further discussion brought to light that the current Building Official reviews all requests and makes a written staff recommendation to the boards which provides the most needed initial scrutiny in the process Ms. Beatrice McNeely, P &Z Chairperson, interjected that the quasi-judicial boards are still in need of critical training on procedures and guidelines. 1 1 City Council Regular Meeting June 4, 1996 Page Seven City Attorney, Kohn Bennett, stated that the initial issue when Council decided to leave fences as special exceptions rather than variances, it would never be granted because hardship could never be defined. Further, he queried, is there a real definable hazard that can be reduced by constructing a six-foot fence, was the issue. He related that every city and county has exemptions to provide relief for those things which we know, could not be passed according to proper variance criteria. Mr. Nicholas expressed concern that when residents leave or the definable hazard is removed, the special exception remains. Consensus was to leave the fence exception procedures intact. However, in this specific case where a misrepresentation was made on the application, the matter should be pursued. Mr. Bennett stated that the City could file a suit or have staff write a letter to the property owner informing them that P&Z will be considering rescinding the special exemption because of the falsified application. Council consensus was for Planning and Zoning to schedule an agenda item to rescind the fence special exception granted to 266 Polk Avenue on the basis of misrepresentation of justification by the applicant on the requesting form. 12. Council consensus was for staff to research the specifics of alternatives 1 and 2 as proposed by the FDOT for funding maintenance of the west side of AlA . The maintenance award was offered in recompense for the FDOT stopping the city's grant application for not obtaining an FDOT sidewalk permit, which was not a requirement of FDOT when they submitted their review comments to the City on May 28, 1996 as enumerated in Mr. Cowle's correspondence from them. Analysis shall be performed on the agreements 1) The City accept maintenance responsibility of the west side of SR A1A and receive approximately $3,500 per year or 2) The City accept maintenance responsibility of the west side of SR A1A and receive a one time lump payment of $40,000. If the $3,500 per year is for a long term contract, then those benefits should be compared to the "one- time" benefit. 13. City Manager, Bennett Boucher, reported that Council needs to follow-up on Joint Meeting with the City of Cocoa Beach by appointing members of the Council to each action item jointly defined. Consensus was to appoint the following Council Members to the respective projects as follows: Beach renourishment Capital equipment Ambulance Shepard Drive signal SR 520 elevation A1A redevelopment Mayor Pro Tem Rocky Randels Council Member Buzz Petsos Mayor John Porter Council Member Burt Bruns Council Member Leo Nicholas Mayor John Porter 1 City Council Regular Meeting June 4, 1996 Page Eight REPORTS: 14. City Manager's Report. City Manager, Bennett Boucher, reported that the City of Cocoa responded to Mayor Porter's letter requesting the City of Cocoa to waive the $5,200 water impact fee for the library expansion project. Mr. Boucher stated that the Mayor of Cocoa was reluctant to waive sewer impact fees upon advice from their City Attorney who maintains that bond covenants make it inappropriate to waive impact fees. Mr. Boucher related that the City of Cape Canaveral waives impact fees by defining the public purpose of the project. He stated that the City of Cocoa will consider waiving the sewer impact fees at their next meeting, June 11, 1996 and requested that Mayor Porter attend on the City of Cape Canaveral's behalf Mr. Randels countered, "Would we do it if they requested it ?" It is a substantial amount of revenue for them to lose. Mayor Porter concurred, that we may see the issue in a different light if our City Treasurer was facing us, while we were waiving impact fees. City Attorney, Kohn Bennett, interjected that it is a different issue when you waive impact fees for yourselves than when waiving for a different entity. Mr. Randels stated that Bill Hall, Malabar City Manager, brought up this issue of some type of intergovernmental mutual agreement foregoing fees and it did not receive support from anyone. Mayor Porter stated that he believes it will be a waste of time to go to the meeting, but that he would attend. Mr. Petsos queried how the additional $5,000 fee was determined. Mr. Boucher reported that Florida Today would publish an article tomorrow, June 5, 1996 on Fairvilla Adult Bookstore. He stated that the owners and facility are the same as Cape Sierra, therefore, no comments may be made while the City is still in litigation. Mr. Petsos asked if the sign was permitted. Mr. Boucher replied that is was not, nor does it conform to the . sign ordinance. Mr. Boucher reported that the Parks and Recreation Department received the $21,000 grant check from Brevard County. Mr. Boucher reminded Council of the Library Expansion Project Groundbreaking and the barbecue following for all volunteer members at Xeriscape Park. 1 1 1 City Council Regular Meeting June 4, 1996 Page Nme Council Member Burt Bruns Mr. Bruns reported that he visited with U.S. House of Representative, Dave Weldon, on Memorial Day. Mr. Weldon suggested that individual members of the Council write letters to each Senator who is reviewing the Beach Protection Act. Council Member Leo Nicholas Mr. Nicholas queried about the status of the Johnny Ballins property at the corner of Ridgewood and Lincoln . He stated that the Applegate property is being addressed, this property should be investigated as well. Mr. James Roberts, resident and COPS patrol member, stated that he recently saw activity at the home as though everything was being taken out and possibly being remodeled. The City Manger will investigate. Mr. Nicholas stated that he is hearing a lot about the drug situation in city parks. He queried about what the city can do to resolve the problem. Mayor Porter stated that tremendous results have been accomplished in the past month with numerous arrest made. Mr. Petsos commended the Sheriffs Department for their aggressive stance in mitigating these problems. Council Member Buzz Petsos Mr. Petsos queried about the status of negotiations with the Port for reuse and sewer, mentioning the correspondence between the City and the Port of May 21 and 22. He requested that the topic be placed on the Council Agenda. Mr. Petsos distributed tickets for the Youth Center fund raising event which will be held at Mountasia on June 28. Mayor John Porter Mayor Porter presented a stained glass piece to the City Manager which was an award presented to the Mayor for the City's outstanding volunteer program. Mayor Pro Tem Rocky Randels No report. 1 1 City Council Regular Meeting June 4, 1996 Page Ten City Attorney Kohn Bennett No report. City Clerk Sandra Sims No report. There was no public comment or query. ADJOURNMp7: The meeting adjourned at 9:40 p.m. bW Sandra cV Suns, CITY CLERK