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HomeMy WebLinkAbout08-06-1996 Regular Meeting1 CITY COUNCIL REGTJLAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 6, 1996 7 :00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: MINUTES Council Members Present Burt Bums 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 Lynda Weatherman, East Central Florida Economic Development Council Ms. Weatherman reported on the activity of the Economic Development Council during the past year. She spoke requesting that Council consider membership on the EDC. The fee is $2,500 annually which is included in the proposed `96/'97 Commercial Development budget. She related that membership will provide a formal line of communication with a city representative serving as a director. The Economic Development Council also provides extensive marketing and statistical services. Council consensus was in favor of membership to the EDC and will be further discussed during budget session. Mayor's Award: Stephen and Holly Clements Mayor Porter related that Stephen and Holly Clements have served as volunteers regularly during the past year even though they are not residents. They are traveling around the world by 1 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 2 sail boat with their family. Mayor Porter commended them highly for their exemplary citizenship. Mayor's Award: Finance Department Staff Mayor Porter presented City Treasurer, Deborah Haggerty Barker with a certificate commending her and the Finance Department for outstanding cost savings for the city during this fiscal year. Ms. Barker lauded her stafii Ms. Diane Kozlak for accounting expertise and Ms. Vickie Peyssard for computer proficiency. She stated that her staff has demonstrated tremendous team accomplishment. MINUTES: 1. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the City Council Regular Meeting Minutes of July 16, 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 INTERVIEW: 2. Nancy Young, Community Appearance Board Applicant City Attorney, Kohn Bennett, queried Ms. Young in regard to her current board activities with the city. She replied that she is a member of the Beautification Board in which she would prefer to remain active. She also participates as a Friend of the Library. There would be no conflict with the Community Appearance Board. Mr. Bennett reminded Ms. Young that serving on the quasi-judicial board would require filing a financial disclosure. She replied that she is aware and that it poses no problem. Ms. Young opined that she would have no difficulty approving or denying permit requests based on the City of Cape Canaveral Code of Ordinances. Council commended Ms. Young for her interest and activities on behalf of the city. Consensus was to place her resolution of appointment on the next agenda. PUBLIC HEARING ORDINANCES - 1st Reading 3. Mayor Porter read Ordinance No. 14 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 66, ARTICLE IL, STREETS, BY THE ADDITION OF A NEW SECTION 66-27, SPEED BUMPS, PROHIBITING THE USE OF SPEED BUMPS WITHIN THE CITY LIMITS, AMORTIZING EXISTING SPEED BUMPS 1 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 3 WITHIN THE CITY, AND PROVIDING FOR THE USE OF SPEED HUMPS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Ordinance No. 14 -96, Prohibiting the Use of speed Bumps and Providing for the Use of Speed Humps for second reading. Fire Chief Dave Sargeant was present and stated that this proposed ordinance is a compilation of numerous ordinances of other cities. He explained that existing speed bumps would not have to be removed, however, when normally replaced from disrepair, the ordinance would require replacement by speed humps. Mr. Randels requested that the term of "depth" of the hump be changed to a term more defining. Mr. Nicholas requested that speed bump should be defined as anything exceeding the dimensions of a speed hump. City Manager, Bennett Boucher, requested that a warning sign requirement be inserted in the ordinance. Fire Chief Sargeant also recommended that permits should be issued only after a petition of neighboring properties have been submitted; approval of the Fire Chief should be based on the construction specification. He opined that neighbors should have the right to approve or deny a speed bump on their street. 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 ORDINANCE - 2nd Reading 4. 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 adopt Ordinance No. 12- 96, Private Entry Gates. 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 4 Fire Chief Dave Sargeant, explained that this ordinance simplifies the State Codes and Southern Building Code requirements. He related that this ordinance pertains to unmanned gates. 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 CONSIDERATIONS 5. City Treasurer's Report and Budget Transfers City Treasurer, Deborah Haggerty Barker, reported that the city had a favorable quarter. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Randels to approve the City Treasurer's Report and Budget Transfers. 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 6. Request for permit extension for Tricon Development, Inc., Temporary Sales/Construction Trailer, Sand Dunes Condo Project. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the permit extension for Tricon Development, Inc. 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 7. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to support Brevard County's referendum in proposing a one -cent surtax for a period of six months for the sole purpose of raising revenues for the construction of an additional pod at the existing county jail. 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 DISCUSSION: 8. Mayor Pro Tem Randels stated that he suggested considering the issue of amending Section 110 -354, Special Exceptions Permissible by Board of Adjustment within M -1 zoning district to allow for Day Care Centers because the original proposed amendment was rejected by City Council which included three other issues. City Attorney, Kohn Bennett, stated that the issue of allowing a special exception for one property permits anyone within the same zoning district to have a Day Care Center. This could pose potential for placement in an undesired area. Mr. Bennett stated that a small scale rezoning and comprehensive plan amendment could be accomplished in three (3) months if necessary. 1 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 5 Building Official, Whitey Moran, stated that a business in the M-1 district may provide day care for its employees according to the current code. However, a day care facility may not be offered as a permitted business to the public. Mr. Bill Mays, President of Call One, explained that state requirements, HRS particularly, will not allow a Day Care facility in a potentially hazardous area, regardless of local zoning. Therefore, he is of the opinion that a special exception allowing the Day Care business in the M -1 zone would not compromise the safety or welfare of children or citizens because the state would not issue a permit if the surrounding area of the facility was not suitable. Mr. Mays stated that the Day Care facility is a factor in obtaining his financing to purchase the building. Council consensus was for Mr. Mays to determine his course of action based on the following three (3) alternatives: • wait nine (9) months until the area of his business is rezoned within the scheduled comprehensive plan amendment provide day care facilities for employees only until the zoning change is implemented • petition for a small scale rezoning which could be accomplished by October 15, 1996 (approximately) 9. Mayor Porter requested reconsideration of amending Section 110 -171, Establishments Serving Alcoholic Beverages to a seating requirement of 25 seats rather than the current 50 seats. He suggested that this recommendation is offered as a compromise to eliminating the seating requirements which failed. The proposed amendment is intended to lessen the burden for business owners by reducing the required number of seats in a restaurant establishment serving alcoholic beverages. Seating capacity is determined by square footage as outlined in state codes, unless seats are . fixed to the floor. Parking spaces and impact fee requirements relate directly to the number of actual seats. Mayor Porter queried, what would the impact be to the city if the ordinance is amended to 25 seats rather than 50 seats. Mr. Moran replied that the city's codes would not be compromised in the least, it would however, reduce the cost to applicants relative to impact fees. Council consensus was to propose amending the ordinance to require a minimum of 25 seats rather than the current required 50 seats. The meeting recessed at9:05 p.m. and reconvened at 9:28 p.m. 10. Mayor Pro Tem Randels explained that he was approached by AJT Corporation regarding their situation of being unable to build an office building 45' in height, whereas, a hotel in the same zoning district is allowed. After extensive discussion, Council concurred that the height requirements within the C -1 and M -1 zoning districts should be consistent and directed staff to place the proposed amendment on the next Planning & Zoning agenda for consideration. 1 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 6 11. Mayor Porter stated that he is no longer in favor of the city receiving dedication of the Ocean Woods Boulevard entrance road right -of -way because the road does not meet city specifications as determined by stab Council concurred that the city should not take responsibility for the non - conforming property. 12. There was extensive discussion regarding the West Central Boulevard Drainage Ditch Complaint. Council concurred that action must be taken to clean and restore the ditch. Mr. Randels suggested again that SJRWMD grant funds are available for projects similar to this. Mr. Boucher will solicit bids for the cleaning and restoration of the ditch and research for possible funding alternatives. 13. Council consensus was for staff to determine a course for amending Section 110 -195, nonconforming uses of structures and premises to present to Council for consideration. 14. Mayor Porter reported that the reuse line construction has started and the SR A1A Beautification Project will follow suit. Council concurred for the Mayor to personally visit property owners as the construction progresses and that trees and shrubs should be planted rather than high maintenance flowers. REPORTS: 15. City Manager's Report City Manager, Bennett Boucher, reported that 30 kids were in attendance at the Youth Center today. Council consensus was to prepare a letter of commendation to Recreation Director, Nancy Hanson, for her distinguished success in implementing the youth center as envisioned by Council, particularly, Mr. Petsos. Mr. Boucher suggested that a Special Workshop Meeting be scheduled for Thursday, August 29, at 5:30 p.m. for the purpose of the Sewer Volumetric Study Presentation. Council concurred and requested a written report in advance. Mr. Boucher reported that the Space Coast League of Cities dinner is scheduled for the same night as the next Budget Workshop. He suggested changing the workshop meeting to Tuesday, August 12. Council concurred. Mr. Boucher reported that he received a letter from the FDEP regarding the house on Washington Avenue. Council concurred that the City Manger should request a proposal from City Engineers, Stottler, Starmer & Associates to prepare a topographical survey. City Attorney - Kohn Bennett 1 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 7 No report City Clerk - Sandra Sims Ms. Sims reported that she is working on a Records Grant which will be submitted to the State by September 3. Further, research is being conducted to store the archival records off - site. Council Member - Burt Bruns Mr. Bruns reported that the FDOT will not consider re- installing the traffic light at Shepard Drive due to results of their traffic study. Council Member - Leo Nicholas 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 reported that Mr. Bill Bancroft, who is in charge of the project, has been ill. Council consensus was to have City Attorney, Kohn Bennett, draft a simple lease for presentation and consideration by the port. 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 and queried if there has been further report. Mr. Boucher responded that he spoke with the county and there will be a comprehensive report at the next library board meeting. Council Member - Buzz Petsos No report. Mayor Pro Tem - Rocky Randels Mr. Randels reported that he presented keys to the City to the President and Ambassador of the Ukraine this week in meetings held at the Kennedy Space Center. Mayor - John Porter Mayor Porter reported that volunteers will be working on Saturday, August 31, painting City Hall and there will be a picnic following. 1 1 City Council Regular Meeting Agenda August 6, 1996 Page 8 ADJOURNMENT: 10:30 p.m. a:lofty ycni,uu996108- O6 -96.aoc John K. Porter, MAYOR