Loading...
HomeMy WebLinkAbout07-02-1996 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 2, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES: MINUTES Council Members Present Burt Bruns Leo Nicholas Buzz Petsos Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Council Members Absent Mayor John Porter 1. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve the City Council Regular Meeting Minutes of June 18, 1996. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For INTRODUCTION: 2. Karen Hartley, newly appointed Alternate Member to the Code Enforcement Board was introduced by Mayor Pro Tem Randels and encouraged by Council in her new endeavors on the Board. PRESENTATIONS: 3. Ms. Nancy Young, Beautification Board Awards Chairperson, presented the 1996 Summer Beautification Awards as follows: Residential Mr. & Mrs. Williams 111 Ocean Garden Lane Multi - Family Ocean Oaks 8700 Ridgewood Ave. Commercial McDonald's 8780 Astronaut Blvd. 1 1 1 City Council Regular Meeting July 2, 1996 Page 2 ORDINANCE - First Reading: 4. Mayor Pro Tem Randels read Ordinance No. 13 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110- 171, ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; ESTABLISHING EXCEPTIONS TO CERTAIN DISTANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve Ordinance No. 13 -96 for seconded reading. Mr. Bruns queried, " In this document, when it mentions alcoholic beverages, does it exclude beer and wine ?" City Attorney, Kohn Bennett, responded that beer and wine are included in alcoholic beverage references. He clarified that the section under consideration for amendment is about beer and wine. Mr. Bennett illustrated the proposed amendment by comparing the current ordinance and proposed amendment as follows: Current Ordinance Section 2. • • The establishment of a vendor license by by state division of alcoholic beverages and tobacco permitting on- premises consumption of beverages shall not be located within 2, 000 feet of another establishment so licensed. The specific distance shall be measured following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road from the main entrance of the establishment to the main entrance of the establishment similarly licensed by the state division of alcoholic beverages and tobacco. (includes wine and beer) Exceptions to this subsection: a. restaurants seating 200 or more persons b. hotels and motels with 50 or more guestrooms c. restaurants licensed by the state division of alcoholic beverages and tobacco for malt malt beverages only or malt beverages and wine only, provided the following are complied with: 1. Seating capacity of the establishment shall be at least 50 or more for restaurant purposes only. No area within the establishment may be specifically Proposed Amendment No change to distance - 2,000 ` method of measuring change - The distance between any two licensed establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each such establishment. No change No change Seating capacity requirement eliminated 1 1 City Council Regular Meeting July 2, 1996 Page 3 Current Ordinance designed for a bar or lounge operation. 2. Wine and malt beverages shall be served with meals only 3. Consumption of food and malt beverages or wine shall be on premises only; however, food carryout without the alcoholic beverages may be permitted. 4. Fifty percent or more of income shall be from the on premises consumption of food; sworn statements accompanied by appropriate sales records shall be submitted to the city clerk, at the request of the city manager, verifying the major source of income is consistent with this subsection. 5. Sale or consumption of malt beverages and wine shall be limited to the time period set by chapter 6. d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02(4) Proposed Amendment No change No change Changed to 51 percent of food and non - alcoholic beverage sales, mandatory annual proof New provision to revoke the special exception for non- compliance No Change Mr. Petsos queried, who will review the requirement for restaurants' 51 percent non - alcoholic sales revenue paperwork. City Attorney Bennett explained that the proposed method is identical to the current ordinance. The difference is that the business is automatically required to submit their sales documentation annually, before occupational license renewal, and the ratio has changed from 50 percent of sales derived from the consumption of food to 51 percent of sales shall be derived from food and non - alcoholic beverages. Failure to comply with this requirement would cause revocation of the special use permit. The current ordinance does not stipulate a penalty for non - compliance. Mr. Bruns queried, what happens when there is an ownership change. Mr. Bennett explained that special exemption permits continue for the tenure of the property use. Mr. Petsos expressed concern with the language regarding "No area within the restaurant shall be designated for a bar or lounge operation." City Attorney Bennett explained that the term "operation" quantifies that a bar area is intended for food consumption, not a storage or serving area for alcoholic beverages. Mr. Nicholas stated that he prefers that the City have fewer and better establishments rather than a large number of smaller ones, relating that it will set the tenor for the general appearance of the City. Mr. Bruns queried why the current ordinance was passed, stipulating the 50 -seat requirement. He expressed concern that it is obvious that the proposed ordinance is intended to accommodate one restaurant in the City, clarifying that he is not against that because it is a nice place. However, he is concerned that Council may be missing the intent of the current ordinance. Mr. Nicholas responded, saying that Council at the time of the current ordinance's 1 1 1 City Council Regular Meeting July 2, 1996 Page 4 passage intended to promote opportunity for more businesses to diversify by serving alcoholic beverages, not being constrained to the strict 2,000 feet. (Le. restaurants with 200 seats, hotels/motels...). The purpose was to encourage restaurants, not having a proliferation of small bars on every corner. He stated that Council opined then that a viable restaurant would need at least 50 seats and allowing alcoholic beverages in smaller places would be perceived as encouraging small neighborhood bars. Mr. Nicholas stated that some smaller places are fine, but the City can not select owners or the clientele and the former Council believed that allowing smaller establishments to serve alcoholic beverages creates an image of too many bars. He mentioned that the 200 -seat number was arbitrary, but it has served its purpose and worked well. Mr. Nicholas related that he believes what prompted this proposed change is not just the 50 -seat limitation, but the sewer impact fee that goes along with it. He related that the Moon Hut and others have complied with the current requirement, so it is not impossible to conduct a business within these parameters. Mr. Randels related that the County and most cities do not have seat - requirements in their codes. He explained that setbacks, location, hours of operation, distances from schools, etc. are the criteria used in most places, not the number of seats. Mr. Randels opined that the 50 -seat requirement also establishes parking requirements and larger buildings, as well as the major expense of impact fees and may not be best for the City. He stated that it is not logical that the City of Cape Canaveral will ever accommodate larger establishments such as Chili's or Friday's because we are only four or five blocks wide and one -mile long. The City could accommodate a number of smaller restaurants which can be upscale, walk -to, neighborhood restaurants. Mr. Leonard Folcarelli, Commercial Development Chairperson, stated that when he made his presentation to P&Z, he was not representing one restaurant. He related that considering the make up of Cape Canaveral he promotes small cluster businesses and like -kind businesses. He stated that if we want a walkable community, then smaller businesses are required. He stated that large businesses leave large, vacant buildings as the city has already experienced. Mr. Folcarelli stated that the impact fee for a 50 -seat restaurant serving beer and wine is $15,000 but, a 100 -seat bar serving liquor is only $17,000. He stated that he is working now with an Italian Restaurant that may locate to Cape Canaveral, which has a cluster two -story concept. He requested that the Council look at the impact of the current and proposed ordinances have on the future, stating that the current situation is reflective of the decisions made in 1981. He opined that the City should take violators to court, all future businesses should not have to be burdened because all small businesses are labeled as high -risk. He stated that businesses should be encouraged which is the only way the City will grow. There was no further discussion. The motion to approve Ordinance No. 13 -96 failed, 3 -1, with voting as follows: Mr. Bruns, Against; Mr. Nicholas, Against; Mr. Petsos, Against; and Mayor Pro Tem Randels, For. 5. Mayor Pro Tem Randels read Ordinance No. 14 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110- 1 1 1 City Council Regular Meeting July 2, 1996 Page 5 354, BY THE ADDITION OF NEW CLAUSES (15), (16), AND (17) TO SUBPARAGRAPH 9(C); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney, Kohn Bennett, requested that the ordinance not be considered at this time, however, workshop discussion is required. The Planning and Zoning Board presented an addition to the ordinance after agenda packets were prepared. There is not sufficient time to have a workshop and advertise the ordinance before the next regular Council meeting. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to table Ordinance No. 14 -96 until workshop discussion is held on July 16, the first public hearing on August 6, and the second public hearing on August 20. The motion passed 4 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. CONSIDERATIONS 6. City Manager, Bennett Boucher, explained that the Interlocal Agreement with Brevard County to coordinate Disaster Debris Removal does not include an opt -out statement and needs further review before Council action is needed. Mr. Boucher related that it makes sense for the County to be the coordinator with FEMA, however, this agreement is not complete. 7. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Randels to approve the contract with Hartman & Associates for Resident Inspection Services for Reuse Project Phase I, in the amount of $34,000. Mr. Petsos stated that he is reluctant because the Project Scope of Work was not presented and he is not convinced that an inspector is required to this proposed extent. There was no public comment. The agreement was approved 3 -1, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, Against; and Mayor Pro Tem Randels, For. DISCUSSION: 8. In the Mayor's absence, City Manager Boucher explained that the owners, B C Development, of the Ocean Woods Boulevard entrance road right -of -way do not consistently maintain the area and Ocean Woods could incur liability by doing so. Council consensus was to defer the matter until the next Regular Meeting for Mayor Porter to fully explain the situation. 1 1 1 City Council Regular Meeting July 2, 1996 Page 6 REPORTS: 11. City Manager's Report • Mr. Boucher commended the City Clerk, Sandra Sims, on the Goals and Objectives Update document which was distributed. • Mr. Boucher distributed the revised citizen survey sheet as prepared by Vicki Peyssard, accounting clerk. He requested comments and recommendations to facilitate its distribution through the Cocoa Beach/Cape Canaveral Press as soon as possible. • Mr. Boucher reported that the proposed tentative millage has been prepared for the next meeting and Council Members may obtain documentation to the resolution from the City Treasurer. • Mr. Boucher reported that the library expansion project has started and the trees removed from the east side of the property have been transplanted at the Cape View Elementary School. The flags at the Veterans Memorial Park have been removed during the project as well. • Mr. Boucher reported that the Wastewater Treatment Plant expansion is progressing well and on -time. • Mr. Boucher reported that the reuse line project will begin in a few weeks and that Council will likely receive many telephone calls in that regard. City Attorney - Kohn Bennett • Mr. Bennett reported that the Quasi-judicial Seminar he conducted on May 27 was well attended and well received. • Mr. Bennett stated that a more intensive seminar /orientation will be required for the Community Appearance Board. City Clerk - Sandra Sims • Ms. Sims reported that she will be attending the National Association of Counties at her own expense from July 12 -16 while on vacation, researching imaging/records technology. The Brevard Tourist Development Office has provided literature to distribute on behalf of the County. 1 1 1 City Council Regular Meeting July 2, 1996 Page 7 Council Member - Burt Bruns • Mr. Bruns reported that he has been researching the Shepard Drive traffic light re- installation in conjunction with the Cocoa Beach joint meeting project assignments. He stated that the prospects are very poor according to the FDOT, in that studies have determined that it is unwarranted. However, he will persist and research alternative approaches. • Mr. Bruns queried if the City will be pursuing a reuse contract with the Port, since he was out of state at the last meeting. Mayor Pro Tem Randels responded that Council has chosen to await results of the Port's determination rather than becoming further involved. Council Member - Leo Nicholas • Mr. Nicholas queried about the status of Johnny Bowen's property. Mr. Boucher reported that he has spoken with the Building Official, Whitey Moran, and he relates that there has been some interior activity to the house and that no code citations have been issued yet. Mr. Boucher will have the Building Official prepare a written report on the matter. • Mr. Nicholas suggested that the annex bay area be used for the library book storage if a location has not been provided yet, even if air conditioning must be installed. Mayor Pro Tem Randels responded that two locations have been provided, though more storage area may be needed for furniture storage. • Mr. Nicholas expressed concern that the trees removed from the library were relocated to the school rather than planted a the wastewater treatment for transplanting later. Council Member - Buzz Petsos • Mr. Petsos queried if the City would make its deadline for installing the 100 street lights as projected. Mr. Boucher reported that Public Works Director, Michael Gluskin, has started identifying areas which need street lights and stated that only areas of real need will be selected, rather than aiming for the total of 100 lights. • Mr. Petsos queried about the intent of the letter to residents on Adams regarding the alley way. Mr. Boucher explained • Mr. Petsos queried if it is possible for the City to obtain magnetic name badges for Council Members similar to the Cocoa Beach Commission tags. Council Members are required to appear and speak at various functions and would provide a more professional approach to have appropriate name badges. The City Clerk will research. 1 1 1 City Council Regular Meeting July 2, 1996 Page 8 • Mr. Petsos requested that all unsold tickets be turned in to Recreation Director, Nancy Hanson. He also praised Ms. Hanson for excellent coordination of the Youth Center fund raiser. • Mr. Petsos reported that he enjoyed interaction with employees at the City Employee Picnic on Saturday, June 22. Mayor NO Tem Rocky Randels • Mr. Randels reported that the Beach Erosion Tour was successful, however, it is apparent that even though federal funding was appropriate, it will not be distributed for beach.renourishment next year. • Mr. Randels queried of the status of the computer acquisition/records imaging project. Ms. Sims explained that the following equipment was purchased: City Clerk's Office Computers ( Budget - $8,000) • NT RAID Server (provides the best available network for all of City Hall) • Deputy Clerk workstation and 17" monitor • Microsoft Office Professional software (available to every computer in City Hall) • Installation and integration with every workstation in City Hall • The upgrade to NT 4.0 will not be available until August Records Imaging/Document Management (Budget - $15,000) • Nothing purchased yet - research is continuing a scanner and OCR software may be purchased right away document management software is still being researched lap top computer may be purchased right away (will provide for use during meetings) • Mr. Randels queried about the status of the Records Storage Room. Ms. Sims :,reported that coordination will have to be made with the City Engineer to determine the estimated cost to comply with state requirements. This will be accomplished during the budget process. ADJOURNIVI kT: 9:25 p.m. d: \city_clerk \cityclk \minutes \1996\07 -02- 96.doc