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HomeMy WebLinkAbout08-20-1996 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 20, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: INTERVIEWS: 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 Building Official, G.J. "Whitey" Moran Public Works Director, Michael Oilskin Fire Chief David Sargeant Sheriff Major, Steve Salvo City Attorney, Kohn Bennett, interviewed Richard S. Treverton and Nadena W. Easler, applicants to the Community Appearance Board. Richard S. Treverton, Community Appearance Board Applicant City Attorney, Kohn Bennett, queried Mr. Treverton in regard to his current board activities with the city. He replied that he is not a member of any other board within the city. Beautification. Mr. Bennett reminded Mr. Treverton that serving on the quasi-judicial board would require filing a financial disclosure. He replied that he is aware and that it poses no problem. Mr. Treverton opined that he would have no difficulty approving or denying permit requests based on the City of Cape Canaveral Code of Ordinances. Mr. Treverton has been a Cape Canaveral resident for 21 years. Nadena S. Easier, Community Appearance Board Applicant g\ cityclk\ minu tes\regular\1996108- 20-96.doc 1 1 1 City Council Regular Meeting Agenda August 20, 1996 Page 2 City Attorney, Kohn Bennett, queried Ms. Easier in regard to her current board activities with the city. She replied that she is not a member of any other board within the city. Beautification. Mr. Bennett reminded Ms. Easier 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. Easier opined that she would have no difficulty approving or denying permit requests based on the City of Cape Canaveral Code of Ordinances. Ms. Easier has been a Cape Canaveral resident for 6 years. Council commended Ms. Easler and Mr. Treverton for their interest in the city. Consensus was to place their resolution of appointments on the next agenda. MINUTES: 1. A motion was made by Mr. Nicholas and seconded by Mr. Randels to approve the City Council Regular Meeting Minutes of August 6, 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 RESOLUTION: 2. Mayor Porter read Resolution No. 96 -36 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 Mr. Nicholas and seconded by Mr. Petsos approve Resolution No. 96- 36, inserting the name Nancy Young to the Community Appearance Board. 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 3. Mayor Porter read Resolution No. 96 -37 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, URGING THE FLORIDA LEAGUE OF CITIES TO CONSIDER ESTABLISHING A YOUTH COALITION /COMIVIITTEE TO PROMOTE THE WELFARE AND FURTHERING OF OUR YOUNG PEOPLE. A motion was made by Mr. Petsos and seconded by Bruns approve Resolution No. 96 -37, urging the Florida League of Cities to consider establishing a youth promoting committee. The 3Acitycl-- 1\ cityclkiminutes kegulazi1996108- 2046.doc 1 1 1 City Council Regular Meeting Agenda August 20, 1996 Page 3 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 PUBLIC HEARINGS ORDINANCE - 2nd Reading 4. Mayor Porter read Ordinance No. 14 -96 by title. AN ORDINANCE OF '111l: CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 66, ARTICLE II, STREETS, BY THE ADDITION OF A NEW SECTION 66-27, SPEED BUMPS, PROBIBITING THE USE OF SPEED BUMPS WITHIN THE CITY L1MITS, AMORTIZING EXISTING SPEED BUMPS 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 Mr. Randels and seconded by Mr. Petsos to adopt Ordinance No. 14- 96, Prohibiting the Use of speed Bumps and Providing for the Use of Speed. Fire Chief David Sargeant was present explaining the ordinance. A motion to amend the ordinance inserting the statement, "Nothing herein shall abrogate the right of the city from erecting a speedhump on any city street should the city deem it necessary" was made by Mr. Randels and seconded by Mr. Nicholas. There was no public comment. The amendment to the main 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 No. 14 -96 was adopted 5 -0, with voting on the main motion as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCES - 1st Reading 5. Mayor Porter read Ordinance No. 15 -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; AMENDING THE SEATING REQUIREMENTS FOR BEER AND WINE LICENSE; PROVIDING FOR g. \cityclldminutes\regular \1996\0 8-20- 96.doc 1 City Council Regular Meeting Agenda August 20, 1996 Page 4 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mayor Porter to adopt Ordinance No. 15 -96, amending the seating requirements for beer and wine licensed establishments. Mr. Petsos expressed concern that adequate accountability has not been established to enable enforcing the 51% non - alcoholic beverages sales requirement. Consensus was for the City Attorney to draft a separate ordinance which establishes sufficient criteria for restaurants to prove that their non - alcohol sales are less than 51% of total sales. There was no public comment. Ordinance No. 15 -96; Amending Section 110 -171, Establishments Serving Alcoholic Beverages, was approved for second reading 4 -1 with voting as follows: Mr. Bruns, For, Mr. Nicholas, Against; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 6. Mayor Porter read Ordinance No. 18 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTIONS 110 -336, AREA AND DIMENSIONS (C -1) AND 110 -356, AREA AND DIMENSIONS (M -1), BY AMENDING THE MAXIMUM HEIGHT FOR BOTH C -1 AND M -1 DISTRICTS TO FORTY - FIVE FEET (45') IN HEIGHT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Ordinance No. 18 -96, Amending Chapter 110 -336, Area and Dimensions (C -1) and 110 -356, Area and Dimensions (M-1), by amending the maximum height for both C -1 and M-1 districts to forty - five feet (45') in height, for second reading. There was no public comment. Ordinance No. 18 -96; Amending Section 110 -171, Establishments Serving Alcoholic Beverages, 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. 7. Mayor Porter read Ordinance No. 19 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING SECTION d : \citycl- 1 \cityclklminutes\regu1a \1996\08.20- 96.doc 1 1 1 City Council Regular Meeting Agenda August 20, 1996 Page 5 110 -195, NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION, PROVIDING FOR THE CONVERSION OF A NONCONFORMING USE; ESTABLISHING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Ordinance No. 19 -96, Amending Chapter 110 -336, Area and Dimensions (C -1) and 110 -356, Area and Dimensions (M -1), by amending the maximum height for both C -1 and M -1 districts to forty- five feet (45') in height, for second reading. Mr. Nicholas suggested that a recital should be placed within the ordinance which demonstrates the rationale and intent of the Council for adopting the ordinance. There was no public comment. Ordinance No. 19 -96, Amending Chapter 110 -195, Nonconforming Uses of Structures or of Structures and Premises in Combination 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. CONSIDERATIONS 8. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve a Change Order awarding construction of Lift Station 1 Replacement to Wharton - Smith, Inc. for $259,000 due to the emergency status of 80% of the city's sewer capacity runs through Lift Station 1 and is deteriorating. 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. 9. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve an additional Crossing Guard position who will be posted at Ridgewood Avenue. 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: 10. Code Enforcement within the unincorporated area of Avon -by- the -Sea Mayor Porter expressed concern that the County area adjacent to the city, which is in poor condition. He suggested possibilities that the City might offer to help clean the area and contribute to its appearance. Mr. Porter queried about the feasibility of the City's code g. \cityclk\ minu tes\regular\I996\08- 20- 96.doc 1 1 1 City Council Regular Meeting Agenda August 20, 1996 Page 6 enforcement officer dedicated two hours per week or possibly contracting with an outside company to note code violations which would in turn be forwarded to the county for action. "Whitey" Moran, Building Official, opined that it would not be achievable. Bennett Boucher, City Manager, stated that he has a good relationship with the Avon by the Sea Homeowners Association and will interact with them to ascertain if they would be interested in receiving education on how to express their own concerns to the county. 11. Landscaping Easements for SR A1A Project. Bennett Boucher, City Manager, explained that this process will help the A1A effort by soliciting comments simultaneously. Consensus was in favor of the recommended easement process. 12. Police Station Annex Remodeling Project Bennett Boucher, City Manager, explained that the architectural drawings submitted by Stottler, Starmer & Associates had never been officially approved. Council queried Major Salvo if the drawings were acceptable to the department. He replied that he and the department were involved in suggesting the drawings and are quite satisfied. Roy Cowell of Stottler, Starmer & Associates suggested that the firm CMA, which is a subsidiary of Stottler could be contracted by piggy - backing with the Brevard County School Board, eliminating the need for bids. Council expressed some concern that piggy - backing this project might not be a pure case for this process. Consensus was to place the items on the next regular agenda. Council consensus for paint selection for City Hall and the Annex was #41B porcelain from the palette selection card. 13. Reuse Water Service, Hookup Cost Michael Gluskin, Public Works Director, explained that the public works department could install the reuse connectors for $250 per home compared to the $1500 proposed by RKT contractors. Council consensus was for a full page advertisement to be placed in the Cape Canaveral Press regarding the reuse construction project to inform residents of the anticipated route of construction and highlights of the result of the reuse project. 14. Time Share Units Mr. Nicholas expressed concern with the Attorney Generals Opinion recently issued regarding allowing Time Share Units in residential areas. 15. Clarification from Building Official on Method for Calculating Impact Fees G. J. "Whitey" Moran, Building Official, reiterated that occupancy load is calculated (for restaurants) by a 15 sq. ft. quotient per person; however, impact fees are determined by the actual number of seats. g.\cityclk\minutes\regu1ar \1996\08- 20- 96.doc 1 1 City Council Regular Meeting Agenda August 20, 1996 Page 7 REPORTS: 16. City Manager • Mr. Boucher related that the port is drafting the lease and will be available in a few months. • Mr. Boucher reported that the meeting with Burton & Associates regarding the volumetric sewer rate study needs to be scheduled. Consensus was to schedule the meeting for September 12, 1996 at 3:00 p.m. • Mr. Boucher reported that the citizen surveys which were distributed as inserts in the Cape Canaveral Press are being returned better than anticipated and have reflected commending responses to the city's beautification project, crime tips and waste collection. • Mr. Boucher reported that the Daughters of the American Revolution (DAR) have presented an award to Public Works Director, Michael Gluskins for his efforts in beautifying the city. Audience No report City Attorney No report. City Clerk No report. Mayor Pro Tem - Rocky Randels No report. Council Member - Buzz Petsos • Mr. Petsos queried when the blocks would start being laid at the library expansion project. Mr. Boucher reported that they started today. • Mr. Petsos commented that he noticed that the cellular telephones issued to employees during the hurricane watch are still in use. He queried as to the extent of the general use of cellular telephones. Mr. Boucher stated that the telephones are used by employees who work off -site, such as the Building Official doing inspections, etc. and that any personal use charges would be paid by the employee. • Mr. Petsos commended the Public Works Department on their crossover clean up project. Council Member - Leo Nicholas • Mr. Nicholas expressed concern that the city has been notified after library expansion project change orders 1 and 2 have been approved by the county, rather than before approval. He was also concerned that the stained glass city logo is still planned to be placed on a side wall rather than over the entrance portico. Council Member - Burt Bruns • Mr. Bruns queried about the status of the house at the end of Washington Avenue. He related that he is still pursuing resolution of the problem. g \citycfl minutes\regulsr\t996 \0&20- 96.doc City Council Regular Meeting Agenda August 20, 1996 Page 8 ADJOURNMENT: 10:30 p.m. A'1T EST: g\ cityclk\ minutes \reguIarU996\08- 20- 96.doc oho K. Porter, MAYOR