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HomeMy WebLinkAbout07-16-1996 Regular Meeting1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 16, 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 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 1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of July 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 RESOLUTIONS: 2. Mayor Porter read Resolution No. 96 -33 by title. A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1996 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No. 96 -33. 1 1 1 City Council Regular Meeting Minutes July 16, 1996 Page 2 City Treasurer, Deborah Barker, explained the options illustrated in the packet information. Council concurred that taxes should not be increased if the City is operating satisfactorily within a lower budget. Ms. Barker stated that property valuation is lower this year. However, she did not receive a listing according the valuations per residential, commercial, etc. Council requested that staff research to determine which classifications have decreased value according to the County Property Appraiser. Council further concurred that a Bond Burning Celebration should be planned for October, to commemorate satisfaction of the 30 -year Stormwater Bond issued in 1966. An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 96 -34 inserting in Section 1. Beautification - .4519 mill; Section 2. Library - .0386 mill; Section 3. Stormwater - .0000 mill; Section 4. Fire Service - .5000 mill; and Section 5. Police Service - .5000 mill. The amendment to Resolution No. 96 -33 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 Resolution No. 96 -33 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 -34 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. Petsos and seconded by Mr. Nicholas to approve Resolution No. 96 -34. City Manager, Bennett Boucher, explained that the Board still needs two regular members and two alternate members before it can become active. Resolution No. 96 -34 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 4. Mayor Porter read Resolution No. 96-35 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO NATURAL GAS SERVICE; EXTENDING THE EXPIRATION DATE OF THE AGREEMENT GRANTED PURSUANT TO THE ORDINANCE ADOPTED ON JANUARY 18, 1996, MAKING FINDINGS; PROVIDING FOR AN EFFECTIVE DATE. 1 1 City Council Regular Meeting Minutes July 16, 1996 Page 3 A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 96 -35. City Manager, Bennett Boucher, explained that he and the Assistant City Attorney, Anthony Garganese, have met with City Gas representatives and most of the issues have been resolved. Discussion ensued regarding the stipulation of requiring City Gas to make service available to all residents. Council concurred that a stalemate should not be induced to preclude achieving the franchise agreement. The gas company would be able to operate without the franchise and the City would lose the franchise revenue, there for negotiations should remain amicable. Resolution No. 96 -35 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 ORDINANCE - First Reading: 5. 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. Nicholas and seconded by Mr. Petsos to approve Ordinance No. 12 -96. City Manager, Bennett Boucher, explained that the only change made to the ordinance since the workshop is the one -year amortization, rather than five - years. Mr. Randels queried how many complexes will be affected and what are to estimated costs for them to convert their gates into compliance with the new ordinance. Staff will research. Mr. Randels also commented that there is no exclusion provision for 24 -hour manned gates. Ordinance No. 12 -96 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 CONSIDERATIONS 6. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the Final Replat of Cape Villas. 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 1 1 City Council Regular Meeting Minutes July 16, 1996 Page 4 DISCUSSION: 7. City Manager, Bennett Boucher, explained that the Planning and Zoning Board has recommended that Council consider adopting the proposed ordinance amending Section 110- 354, Special Exceptions permissible by the Board of Adjustment. Mr. Boucher related that the Planning & Zoning Board has been workshopping this issue for months. The proposed ordinance broadens the M -1 allowable use categories by special exception. The types of uses listed in the ordinance are typical of a commercial zoning district, creating a district that would be a mixture of mercantile and/or light industrial uses. This change was recommended by the Planning & Zoning Board, not a property owner petition. Mr. Bruns commented that he has no quarrel with rezoning for commercial space which is compatible with A1A, but the higher economic jobs will come from industrial operations rather than commercial operations. Small businesses come and leave, whereas, industrial businesses provide more solid long -term economic opportunities for the community. Mayor Porter contended that the A1A corridor should be considered for rezoning to Commercial. He queried if offices can operate in C -1 zoning, maintaining that businesses such as EG &G could operate and would be beneficial to the city. Mr. Bruns countered that those type businesses can operate in either zone right now; we need to determine a way to eliminate the need for so many special exceptions. City Attorney, Kohn Bennett, noted that there are M -1 businesses currently located within the A1A corridor, such as AB &B. An alternative could be a zoning designation that specifies a mixture of uses found under both M -1 and C -1. Mayor Porter queried Todd Peetz, City Planner, how soon a recommendation could be developed using suggestions from the Commercial Development Board, LPA and P &Z . Mr. Peetz stated that the proposed rezoning does not have to wait for the EAR Report (Evaluation and Assessment of the Comprehensive Plan). He stated that an amendment could be prepared for council action within three to four months. Council concurred that Mr. Peetz and the Boards should proceed recommend a zoning change to eliminate the need for so many special exceptions, specifically along the A1A corridor. 8. Mayor Porter explained that Mr. Dick Berry, who represents B C Development, is willing to deed road and road right of way of the Ocean Woods to allow for Day Care Centers, Mayor Pro Tem Randels entrance to the City, contingent upon the developer being able to make road cuts and jack and bores across the road for utilities when their property is developed. After extensive discussion, council consensus was to instruct the Building Official, 1 1 1 City Council Regular Meeting Minutes July 16, 1996 Page 5 Whitey Moran, to inspect the road to determine if it meets city specifications. If it does not, the city would not consider accepting the entranceway. 9. City Manager, Bennett Boucher, explained that the rezoning request of 8901 North Atlantic Avenue (the former Post Office building) to change from R -2 to C -1 was initiated by the property owner. Mr. Kelly Zarvas, the owner's representative was present. Todd Peetz, Planner, stated that the required Comprehensive Plan Amendment could be initiated simultaneously with the other requirements. He related that it would require approximately 30 days to compile data, 30 days to notify the property owners, 30 days to prepare for the LPA meeting and approximately another 30 days before Council consideration - or approximately 120 days to accomplish all the legal requirements before it could be approved. There was extensive discussion regarding the 30 -year history of the building being located in the residential district. Mr. Zarvas stated that the tenants are most likely to be tour /travel operators, real estate or other office -type businesses. There would not be delivery trucks in and out as it has been. The Building Official, Whitey Moran, was present and reiterated possible approaches to the rezoning request as stated in his memoranda which are a part of this agenda material. Consensus was to have staff determine a time line required to pursue a zoning change and comprehensive plan amendment and place on the next agenda for further consideration. 10. City Manager, Bennett Boucher, explained that the Comprehensive Plan Amendment to the Future Land Use element establishing policy LU-4, location of schools, is required by the state and recommended by the Local Planning Agency. Council concurred to proceed with the required public_notice advertisements for the first and second hearings. 11. Council concurred to distribute the color - blocked citizen surveys through inserts in the Cocoa Beach/Cape Canaveral Press in lieu of the pre - determined 1/2 page publication. REPORTS: 12. City Engineer's Report Mr. John Pekar, City Engineer from Stottler, Starmer & Associates, was present to discuss the City Engineer's Report. Expounding on the written report, Mr. Pekar stated that they believe that water quality grant funds may be available for use in improving the Canaveral River (drainage section). He related that the five stormwater outfalls drain directly into the lagoon and could be eligible for this funding. They will research and pursue the prospects further. City Manager - Bennett Boucher • Mr. Boucher reported that the manhole repair project is complete and Public Works Director, Michael Gluskin is satisfied with the work. 1 1 1 City Council Regular Meeting Minutes July 16, 1996 Page 6 • Mr. Boucher reported that the State will inspect the SBA tree plantings next week. • Mr. Boucher reported that Steve Salvo, Sheriff s Department - Cape Canaveral Precinct has been promoted to Major. Council commended Major Salvo on his efforts during the past year. • Mr. Boucher stated that he has written a response letter to the Southgate Trailer Park attorney regarding the canal complaint and will discuss this issue at the August 6, 1996 meeting. City Attorney - Kohn Bennett • No report. City Clerk - Sandra Sims • No report. Council Member - Burt Bruns • No report. Council Member - Leo Nicholas • Mr. Nicholas queried if Western Waste is cleaning and disinfecting dumpsters as stipulated in their franchise agreement. Mr. Boucher will investigate. • Mr. Nicholas queried about the status of the Internal Improvement Trust Fund property . This is property that the Port received from the State which lies in the northern portion of the City of Cape Canaveral. Mr. Boucher stated that he will contact Port Officials about the lease agreement. • Mr. Nicholas stated that the Post Office road, which is privately owned needs to be notified of the road disrepair. • Mr. Nicholas reported that the stained glass city logo which is to be placed in the library has been designated to be placed in the new construction portion of the building, not at the portico as depicted in the pre - construction drawings presented to the city. Mr. Boucher stated that he will have the City Engineer investigate the matter and propose a change order if needed to have the logo placed at the entrance to the library. 1 1 City Council Regular Meeting Minutes July 16, 1996 Page 7 • Mr. Nicholas reported that trees, including palms have been destroyed during the library expansion project. He requested that the city receive information before such construction related incidents occur. Council concurred that the Building Official obtain all proposed change orders to report to Council. Council Member - Buzz Petsos • Mr. Petsos reported that he will be meeting with Bill Allen of Cocoa Beach next week regarding sharing capital items. He requested all suggestions Council Members may have for the discussion. • Mr. Petsos reported that he attended a luncheon with the Navy League and they are proposing to bring in more naval ships, hoping the city will support them in the endeavor. Council concurred that a resolution in support should be prepared. Mayor Pro Tem Rocky Randels • Mr. Randels reported that a new median has been adopted by a local citizen by paying $600 for its upkeep. • Mr. Randels reported that the city has received payment from the Florida League of Cities from their program of auditing insurance companies who sell insurance in a municipality without obtaining occupational licenses. He demonstrated that this payment alone far exceeds the Florida League of Cities membership dues. • Mr. Randels stated that the City Manager has reported that there are over 600 building permits which are not closed. • Mr. Randels queried about the status of the Amendment to the Reuse Agreement with the City of Cocoa Beach. Mayor - John Porter • Mayor Porter reported that a volunteer project is being conducted at Cape View Elementary School on Saturday, July 20, from 8:00 to 12:00 for general clean up. • Mayor Porter reported that on August 6 at 3:00 p.m., the City of Cocoa Beach is having a leadership meeting with Lt. Governor Buddy McKay presiding. • Mayor Porter requested that a discussion item be placed on the next agenda regarding AlA funding and beautification. • Mayor Porter reminded Council and staff to continue the pursuit of Longpoint Park City Council Regular Meeting Minutes July 16, 1996 Page 8 There being no further discussion or comment from the audience, the meeting was adjourned ADJOURNMENT: 10:00 p.m. d: \city_c1erk\cityclk\VSSinutes \1996\3- 02- 96.doc 1 1 John K. Porter, MAYOR