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HomeMy WebLinkAbout06-18-1996 Regular MeetingCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 18, 1996 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES Council Members Present Council Member Absent 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 Building Official, G.J. "Whitey" Moran MINUTES: 1. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve the City Council Regular Meeting Minutes of June 4, 1996. ORDINANCE - Second Reading: 2. 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 1 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Two FRANCHISE; PROVIDING FOR SEVERABI ITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to adopt Ordinance No. 06 -96 on second reading. Discussion ensued and Mayor Pro Tem Randels related articles from the contract between the City of Melbourne and KMC Telecom. An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to amend the agreement with KMC as follows: "provided that at such time as these utilities are required to be placed underground by the city or are placed underground, KMC shall likewise place its fiber optics network without additional costs to the city." The amendment passed with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to amend the agreement with KMC to change the term from ten (10) years to five (5) years. The amendment passed with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For Mr. Petsos, For Mayor Porter, For; and Mayor Pro Tem Randels, For. An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to amend the agreement with KMC to insert a section titled Re- negotiation as follows: "In the event of a material change in either federal or state law or Public Service Commission Rules or in the event the company enters into a franchise with Brevard County or any city within Brevard County which provides a franchise agreement of more favorable terms than provided to our city under this franchise, then the city and the company mutually agree to re- negotiate the terms of this franchise affected by the change in said laws, rules or franchise agreements. This ordinance shall remain in full force and effect until any negotiated amendments have been duly approved by both the city and the company. The amendment passed with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. There was no public comment. Ordinance No. 06 -96 was adopted on second reading 4 -0, with voting on the main motion as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. 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 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Three 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. Petsos to adopt Ordinance No. 07 -96 on second reading. There was no public comment. The ordinance was adopted on second reading 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For, Mayor Porter, For and Mayor Pro Tem Randels, For. 4. Mayor Porter read Ordinance No. 08 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 82-81, DEFINITIONS, BY AMENDING THE 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. Petsos to adopt Ordinance No. 08 -96 on second reading. There was no public comment. The ordinance was adopted 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem 5. 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. Nicholas and seconded by Mr. Petsos to adopt Ordinance No. 10 -96 on second reading. There was no public comment. The ordinance was adopted 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Four ORDINANCE - First Reading: 6. Mayor Porter read Ordinance No. 11 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA GRANTING A CORPORATE GAS FRANCHISE TO CITY GAS COMPANY OF FLORIDA 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 NATURAL GAS LINE THEREON AND THEREUNDER; PROVIDING FOR APPROVAL AND EXECUTION OF A WRITTEN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND CITY GAS COMPANY OF FLORIDA, 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. Mayor Porter requested that Council be allowed one minute to review the letter from Mr. Robin A. Lloyd, attorney for NUI Corporation d/b /a City Gas Company of Florida. The letter requested that this item be tabled to facilitate discussions with staff regarding the franchise agreement. Mr. Robin Lloyd and Mr. Randal Harris, General Manager of City Gas in Melbourne appeared before Council reiterating the request to table the franchise consideration until they meet with staff. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to table Ordinance No. 11 -96 until the next meeting. Ordinance No. 11 -96 was tabled until the next meeting with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For, Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem, For. Item No. 7 was deferred until Fire Chief, David Sargeant arrived. RESOLUTIONS: 8. Mayor Porter read Resolution No. 96 - 30 by title. A RESOLUTION OF IME CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF S.1811 AND H.R. 3551, TITLED "THE SHORE 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Five PROTECTION ACT OF 1996;" URGING BILLS' QUICK PASSAGE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve Resolution No. 96 -30, Supporting the Shore Protection Act of 1996. There was no public comment. The resolution was adopted 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro Tem, For. 9. Mayor Porter read Resolution No. 96 -31 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Petsos to approve Resolution No. 96 -31; Appointing a Member to the Code Enforcement Board, inserting the name Karen Hartley. Mr. Nicholas queried if members of the Council knew Ms. Hartley. Council consensus was to invite applicants who have been recommended by Boards to Council meetings when their appointing resolutions are considered to welcome them and to be able to recognize them. There was no public comment. The resolution was adopted 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 10. Mayor Porter read Resolution No. 96 -32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING APPLICATION FEES FOR THE CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD; PROVIDING FOR AN EI'FLCTIVE DATE. A .motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Resolution No. 96 -32; Establishing application fees for the Community Appearance Board. Mr. Nicholas stated that the proposed fees do not make a differentiation between minor construction and building an entirely new building. His concern is that the same process and expense is required for minor projects as with new construction which could cost more than the construction cost and that the city should be making it easier for residents to make improvements, not making it more difficult. 1 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Six Building Official, Whitey Moran, stated that he recommends the following definition of "minor or insignificant," • all additions, modifications, exterior renovations to an existing structure, under 500 square feet, located within an existing residential development, which can not be seen from the street or abutting properties. Mr. Moran stated that the justification for the fees is based on the administrative costs for the attorney, himself; and the secretary. The review procedure is the same for each project, regardless of its magnitude. Mr. Mays, can One, interjected that creating complicated processes could deter potential businesses such as himself. Mayor Porter explained that Council's intent is to methodically encourage redevelopment of the city with an aesthetically consistent plan for the benefit of our businesses and residents. Although it may be difficult to institute, the plan is to be progressive without being costly. Mr. Petsos expressed concern with the portion charging $150 per acre. Mr. Nicholas explained that these fees would be rolled into the engineer review fees, therefore, would not be an added on cost. Mr. Boucher concurred with the explanation. Ms. Beatrice McNeely, resident and Planning & Zoning Chairperson, noted that it is not feasible to review projects based on valuation because minimal costs because they could still have a major impact on the appearance of a structure. An amending motion was made by Mayor Porter and seconded by Mayor Pro Tem Randels to read in Section 1.,: "The following Community Appearance Board Application Fee Schedule is hereby established under Appendix B as follows...." The amending motion passed 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. There was no public comment. The resolution was adopted 4 -0, with voting on the main motion as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For, Mayor Porter, For and Mayor Pro Tem, For. 11. Mayor Porter read Joint Resolution No. 96 -11 by title. A JOINT RESOLUTION OF THE CITY COMIVIISSION OF THE CITY OF COCOA BEACH, FLORIDA, AND THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO REINSTALL THE TRAFFIC SIGNAL LOCATED AT 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Seven THE INTERSECTION OF SHEPARD DRIVE /STATE ROAD A -1 -A IN COCOA BEACH, BREVARD COUNTY, FLORIDA. A motion was made by Mr. Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Joint Resolution No. 96 -11. There was no public comment. The resolution was adopted 4-0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 12. Mayor Porter read Joint Resolution No. 96 -12 by title. A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA AND THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA URGING THE BREVARD METROPOLITAN PLANNING ORGANIZATION AND FLORIDA DEPARTMENT OF TRANSPORTATION TO MAKE THE ELEVATION OF SR 520 BETWEEN THE RELIEF BRIDGE AND PEEBLES BRIDGE A HIGH PRIORITY IN THE FY `97 TRANSPORTATION IMPROVEMENT PROGRAM. A motion was made by Mr. and seconded by Mr. to approve Joint Resolution No. 96 -12. There was no public comment. The resolution was adopted 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem, For. Audience Heard at this time. Mr. Bill Mays of Call One, currently located at the Port, spoke in regard to locating his business in the City of Cape Canaveral. He explained that he has been looking for a location for his company which distributes wholesale telephone headsets. His company employs over 100 people. He related that although he has been speaking with the City Manager and will continue to in an effort to determine the feasibility of locating in Cape Canaveral, he is concerned that the M -1 zoning does not allow day care facilities. He stated that providing an on -site day care facility is an important factor for his business location. Mr. Nicholas explained that Council has been considering rezoning the A1A corridor to a Commercial zone which allows for day care and would encompass the address, 8810 Astronaut Boulevard for which Mr. Mays was speaking. Mr. Mays encouraged Council to take the opportunity of changing to an "open- arms" business environment. 1 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Eight 7. Mayor Porter read Ordinance No. 12 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE II, FIRE PREVENTION CODE, BY THE ADDITION OF SECTION 38-33, PRIVATE ENTRY GATES, AND SECTION 38-34, CONFORMANCE; SETTING FORTH THE CRITERIA FOR THE ALLOWANCE OF PRIVATE ENTRY GATES WITHIN THE CITY; PROVIDING FOR AMORTIZATION OF EXISTING PRIVATE ENTRY GATES WITHIN THE CITY; 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 Mr. Nicholas to approve Ordinance No. 11 -96, Establishing criteria for the allowance of private entry gates for second reading. Fire Chief; David Sargeant, explained that the proposed ordinance is intended for multi - family residences and private roadways, which the ordinance does not clarify, therefore, he requested that the ordinance be postponed for consideration until revisions can be made. Discussion ensued and Mr. Nicholas noted that five (5) years is a long time to allow for compliance to the new ordinance, especially considering the safety reasons for adopting the regulation. Council consensus was in favor of changing the compliance period to one (1) year. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to table Ordinance No. 12- 96 for further research. The motion to table passed 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For, Mr. Petsos, For Mayor Porter, For, and Mayor Pro Tem, For. CONSIDERATIONS 13. A motion was made by Mr. Mayor Pro Tem Randels and seconded by Mayor Porter to approve the Transportation Improvement Program, Project Priority List for the City of Cape Canaveral adding a pedestrian crossover at Columbia Drive as suggested by Mr. Petsos. The motion passed 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 14. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to approve waiving permit fees for the Library Expansion Project. The motion passed 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 1 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Nme 15. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Addendum I, to conceptual approval agreement with the Florida Communities Trust, Manatee Sanctuary Park. . The motion passed 4 -0, with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem, For. DISCUTSSION: 16. City Manager, Bennett Boucher, explained that the 1996 Annual Traffic Study by Motorist Design Data Movement, Inc. of Merritt Island reports that there is ample roadway capacity for future growth. He stated that the report was very good. 17. Mr. Boucher explained that Occupational License Fees may be increased by 5% as provided by F.S. 205.0535. The increase would produce $1,800 to $2,000 additional revenue. Council consensus was to maintain the current fee. 18. Mr. Boucher reminded Council that the Annual Florida League of Cities Convention is being held August 8 -10, 1996 in Boca Raton and that a voting delegate needs to be appointed. Mayor Pro Tem Randels suggested that another Council Member have the opportunity this year. A motion was made by Mr. Nicholas and seconded by Mayor Porter to appoint Buzz Petsos as the voting delegate and Mr. Randels as the alternate. The motion passed with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. REPORTS: 19. City Manager's Report. City Manager, Bennett Boucher, reported that the Port Wastewater Treatment Contract is being considered at the Cocoa Beach Commission Meeting on Thursday, June 20, 1996 and appears to be a contract which the City of Cape Canaveral could not compete with. Mr. Boucher queried if negotiations should continue with the Port for providing them with reuse water. Mr. Boucher queried, "What is Cocoa Beach throwing out as a proposal to individuals on the Cape Canaveral Council should the Port contract with the City of Cocoa Beach for reuse water ?" Mr. Nicholas related that they have proposed to pay for one -half the cost of the reuse line, up to $100,000 if one -third of the capacity the City of Cocoa Beach contracted for with us can be diverted to the Port. 1 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Ten Mayor Porter commented and Council concurred that, in this scenario, the City will: • have wastewater treatment capacity to serve our own residents without ever having to expand the treatment facility • would likely have to charge $2 more per customer if we treated the port wastewater- however, expansion would cost residents much more Mr. Boucher, reminded Council that the Employee Picnic is scheduled for Saturday, June 22 at Kars Park and urged them to attend to show their support. City Attorney Kohn Bennett City Attorney, Kohn Bennett, reported that he will conduct a "Quasi-judicial Seminar" for City boards on Thursday, June 27, 1996 at 7:00 p.m. City Clerk Sandra Sims 1 No report. Council Member Leo Nicholas Mr. Nicholas reported that he noticed the other flags were flying at full-mast while the United States flag was at half -mast last week. He suggested that those being instructed to lower the flag should also be informed not to leave the other flags flying higher than the United States flag. Council Member Buzz Petsos Mr. Petsos queried, now that hurricane season is here and the first storm has been named, is the City prepared with food and supplies already purchased, and has the communications system of cellular telephones been set? Mr. Boucher replied that the food has been addressed and that he is still researching cellular telephone possibilities. Only a two -year lease has been identified and he is not comfortable obligating the City to a two -year lease. Mr. Petsos requested approval to proceed with the Youth Center deck construction at a cost not to exceed of $3,750. A motion was made by Mr. Nicholas and seconded by Mayor Porter to place an add -on item on the agenda to consider construction of the Youth Center deck. The motion passed with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. 1 1 1 City Council Regular Meeting Minutes June 18, 1996 Page Eleven A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve the Youth Center deck construction as a sole source purchase to S &S Contractors at a cost not to exceed $3,750, waiving the permit fees. The construction award is considered sole source based on the time constraints - others would not give a quote to perform the work immediately. The construction is needed immediately because the Summer Youth Programs have already begun. The motion passed with voting as follows: Mr. Bruns, Absent; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem, For. Mr. Petsos reminded everyone that the Youth Center fund raiser is Saturday, June 29 at Mountasia and there are still tickets available. Mayor Pro Tem Rocky Randels Mr. Randels related that he is looking for a facility with 2,000 sq. ft. of air conditioned space in September to store the Cape Canaveral Library books for about six months while the expansion project is under construction. Mr. Randels reported that he has identified a grant to develop a forestry program. He explained that the goals are much the same as the City's. The grant is a $25,000 50/50 matching endowment. The grant involves setting up a group that would develop a master plan, in -house training, staffing, purchase equipment and being a Tree City is a plus in obtaining the grant. He stated that it is a one -page application with an August 14 deadline for submittal. Mayor John Porter Mayor Porter queried if the alcohol service in M-1 zones and restaurant seating considerations will be on the next agenda. Mr. Boucher responded that they will. There was no further discussion. ADJOURNMENT: 2'10:20 p.m. bye Sandra O. Sims, CITY CLERK