Loading...
HomeMy WebLinkAbout10-01-1996 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 1, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: RESOLUTION: MINUTES Council Members Present Burt Bruns Leo Nicholas Buzz Petsos Mayor John Porter - arrived at 7:12 p.m. Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Mayor Pro Tem Randels read Resolution No. 96-50 by title. A Resolution of the City of Cape Canaveral, Florida; Appointing Members to the Planning and Zoning Board of the City of Canaveral, Florida; Providing for an Effective Date. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No. 96 -50, inserting the name of James Lewis as a regular member and Joe Elliott as 1st alternate. The resolution passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCE - FIRST READING: 1. Mayor Pro Tem Randels read Ordinance No. 21 -96 by title. An Ordinance of the City of Cape Canaveral, Florida, Amending the Official Zoning Map as Described in Section 110,246, Official Zoning Mau, by Changing the g: \citydk\minutes\reguIa lI996\10- 01- 96.doc 1 1 1 City Council Regular Meeting Minutes October 1, 1996 Page 2 Classification of Certain Property from M -1 (light industrial) to C -1 (low density commercial district) as Described in Exhibit "A "; Providing for Conditions of Approval; Providing for Repeal of Prior and Inconsistent Ordinances and Resolutions; Providing for Severability; and Providing for an Effective Date. In accordance with Florida Statutes, Mr. Randels stated that he has spoken to the applicant making this request on other business issues which do not constituent a personal interest or conflict of interest. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No. 21- 96 for second reading. Mr. Nicholas asked Mr. Mays if he is the owner of the property described. Mr. Mays stated that he is now. City Attorney, Kohn Bennett requested that Mr. Mays provide the city a copy of the deed when it returns from recording. There was no public comment. Ordinance No. 21 -96 was approved for seconded reading 4 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. 2. Mayor Pro Tem Randels read Ordinance No. 22 -96 by title. An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Relating to Comprehensive Planning; Setting Forth and Adopting a Small Scale Plan Amendment for 1996 as Provided in CPA -96-1, Which Shall Amend the Comprehensive Plan Future Land Use Map; Providing an Effective Date and Legal Status of the Plan Amendment; Providing for Transmittal of the Plan Amendment; Providing for Transmittal of the Plan Amendment to the Department of Community Affairs; Providing for Repeal of Prior and Inconsistent Ordinances and Resolutions; Providing for Severability; and Providing for an Effective Date. A motion was made by Mr. Bruns and seconded by Mr. Nicholas and seconded by Mr. Petsos to approve Ordinance No. 22 -96 for second reading. Mr. Todd Peetz, City Planner, spoke stating that all requirements and advertisements have been met. There was no public comment. Ordinance No. 22 -96 was approved for second reading 4 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; and Mayor Pro Tem Randels, For. 1 1 1 City Council Regular Meeting Minutes October 1, 1996 Page 3 ORDINANCE - 2nd Reading: 3. Mayor Pro Tem Randels read Ordinance No. 16-96 by title. An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Related to Comprehensive Planning, Setting Forth and Adopting A Comprehensive Plan Amendment as Provided in Florida Statutes Section 163.3177(6)(a), Which Shall Amend the Comprehensive Future Land Use Element to Provide Public Schools as an Allowable Use Within the Land Use Categories of the City; Providing for an Effective Date and Legal Status of the Plan Amendment; Providing for Transmittal of the Plan Amendment to the Department of Community Affairs; Providing for Repeal of Prior Inconsistent Ordinances and Resolutions; Providing for Severability; and Providing for an Effective Date. A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Ordinance No. 16 -96 on final reading. Mayor Porter arrived at this time (7:12 p.m.) There was no discussion or public comment. Ordinance No. 16 -96 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. 4. Mayor Porter read Ordinance No. 17-96 by title. An Ordinance of the City of Cape Canaveral, Brevard County, Florida, Amending Chapter 110, Zoning, by the Addition of Public Schools as an Allowable Use in the R-2, R-3 and C -1 Zoning Districts, by Amending Section 110 -292, Principal Use and Structures (R-2), 110 -312, Principal Uses and Structures (R-3), and 110 -352, Principal Uses and Structures (M -1); 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. Nicholas to adopt Ordinance No. 17 -96 on final reading. There was no Council discussion and no public comment. Ordinance No. 17 -96 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. A motion was made by Mr. Petsos and seconded by Mayor Porter to approve Sewer Impact Fee Financing for Mona's Restaurant in the amount of $1,534.21 for a one (1) year period, 1 1 1 City Council Regular Meeting Minutes October 1, 1996 Page 4 payable in quarterly installments with a variable rate of 3% over Barnett Bank's prime rate of interest. Mr. Bruns expressed concern that the recent financing for Lloyd's Restaurant was not honored. Mr. Randels expressed concern that other restaurant impact fees were financed and have defaulted. Mr. Nicholas stated that the original intent of financing impact fees was for condominiums and large developments. Mr. Petsos stated that others obtained financing up front, whereas, Mona's is an established and reputable restaurant. City Attorney, Kohn Bennett, queried if the business is a corporation or a sole proprietorship. He explained that an agreement can be developed which requires personal guarantees and tie into the occupational license (rescinding the license if payment is defaulted). Mr. Nicholas expressed concern about defining seating capacity because there are chairs and sofas which have not been counted in the seating numbers established for serving meals. Ms. Ruby Daniel, resident, stated that people waiting will likely be served, such as Outback. She opined that if they operate in that manner, they should be charged, however, if only occasionally or rarely they should not be charged the extra impact fees. Mayor Porter stated that the restaurant owner will determine and inform the city of their operation. Mr. Petsos stated that they will likely present a seating lay -out. Mr. Bill Mays, Call One, queried if the impact fees are in keeping with other areas. Mr. Boucher stated that an engineering study was performed by Briley -Wild to determine the appropriate impact fee. The motion passed to approve the Sewer Impact Fee Financing for Mona's Restaurant 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. A motion was made by Mr. Randels and seconded by Mr. Petsos to award Bid No. 96 -04, to renovate restrooms at City Park to the low bidder, Larcon Construction for a total cost of $15,880 (Alternate Bid "A" for 8" non -skid ceramic floor tile is $1,338 and Alternate Bid `B" for ceramic wall tile is $2,860). Ms. Nancy Hanson, Recreation Director was present explaining the proposed construction. 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: 7. Mr. Petsos stated that the City's Employee Personnel Policies, both union and non -union should be re- evaluated in that the union currently allows bereavement leave for an employee's spouse's grandparent, but not the spouse's parents. City Attorney, Kohn Bennett, stated that it 1 1 1 City Council Regular Meeting Minutes October 1, 1996 Page 5 appears to be a scriveners error and not a complicated negotiation issue. Mr. Petsos also mentioned that the General Employees Policy does not provide bereavement leave for an employee's grandparents. Mr. Petsos requested that these issues be addressed while the personnel policy is being reviewed by staffthis year. Council concurred. 8. City Manager, Bennett Boucher, explained the Infrastructure sales surtax for jail facilities, Interlocal Agreement with Brevard County is being requested in advance of the referendum. Council consensus was to place the item on the next agenda to approve contingent upon passage in the November referendum election. REPORTS: 9. CITY MANAGER - Bennett Boucher • Mr. Boucher reported that Hartman & Associates will be placing a plaque on the new Wastewater Treatment Plant with the current Council Members' names, City Manager's and the Public Works Director's names. • Mr. Boucher reported that the pork chop design at Columbia Drive has been approved by the Florida Department of Transportation. • Mr. Boucher reported that the A1A redesign for the area of Canaveral Creek has been reviewed by Stottler Starmer & Associates and has been forwarded to the Florida Department of Transportation. • Mr. Boucher reported that Stottler Starmer has produced a site plan for the Longpoint Park project and has done a good job. • Mr. Boucher reported that City Attorney, Kohn Bennett has forwarded a proposed lease for the Longpoint Park property lease- purchase. • Mr. Boucher reported that he has received a memorandum from Captain Muldoon regarding the Cocoa Beach High School Resource Officer. Council consensus was to place the item on the next meeting agenda. • Mr. Boucher reported that the city has reached a safety record of 930 days without a work related injury causing loss of work. Council consensus was to honor the 1000th day with a celebration of some type. • Mr. Boucher reported that the Community Appearance Board met on September 7 and September 21 as orientation meetings. • Mr. Boucher reported that the Building Official has prepared a packet of information which has been forwarded to the City Attorney on the issue of the Applegate house on Washington Avenue. Council consensus was for the City Attorney to pursue the issue with the engineers. • • Mr. Boucher reported that Burton & Associates can make their sewer rate study presentation the week of October 7. Council consensus was to place the item first on the next agenda. • Mr. Boucher reported that the Cocoa Beach City Manager, Mark Eckert, has agreed to host the joint meeting again at the Cocoa Beach Country Club and suggested November 13 or November 20. • Mr. Boucher reported that Western Waste has six new recycle trucks and two new rear collection trucks. AUDIENCE No report. CITY ATTORNEY - Kohn Bennett No report. CITY CLERK - Sandra Sims No report. MAYOR PRO TEM - Rocky Randels • Mr. Randels reported that he will be making a presentation to the Brevard 2005 Visioning organization tomorrow, October 2. • Mr. Randels queried what position the city is taking on permit fees for political signs. Mr. Boucher stated no decision has been made yet. The City Attorney will research the issue. • Mr. Randels reported that the largest personal communications service is locating in Tampa and suggested that the city start investigating how we will regulate personal communications companies. COUNCIL MEMBER - Leo Nicholas • Mr. Nicholas queried of the status of the Lloyd's Restaurant sewer impact fee payment. City Attorney, Kohn Bennett responded that a lien has been filed against the lease - holder for non- payment. He stated that the restaurant can not be sued because they did not sign the promissory notes • Mr. Nicholas expressed concern that the City of Cocoa did not make the city aware of new water connections which would have prompted the city to impose sewer impact fees at the port. He commented that the port new the businesses were there and the port contract stipulates that they have to notify the city when new businesses connect to the system. Council consensus was for the City Attorney to pursue claims for unpaid sewer fees for businesses at the port who received water connections. 1 1 1 City Council Regular Meeting Minutes October 1, 1996 Page 6 • Mr. Boucher reported that Burton & Associates can make their sewer rate study presentation the week of October 7. Council consensus was to place the item first on the next agenda. • Mr. Boucher reported that the Cocoa Beach City Manager, Mark Eckert, has agreed to host the joint meeting again at the Cocoa Beach Country Club and suggested November 13 or November 20. • Mr. Boucher reported that Western Waste has six new recycle trucks and two new rear collection trucks. AUDIENCE No report. CITY ATTORNEY - Kohn Bennett No report. CITY CLERK - Sandra Sims No report. MAYOR PRO TEM - Rocky Randels • Mr. Randels reported that he will be making a presentation to the Brevard 2005 Visioning organization tomorrow, October 2. • Mr. Randels queried what position the city is taking on permit fees for political signs. Mr. Boucher stated no decision has been made yet. The City Attorney will research the issue. • Mr. Randels reported that the largest personal communications service is locating in Tampa and suggested that the city start investigating how we will regulate personal communications companies. COUNCIL MEMBER - Leo Nicholas • Mr. Nicholas queried of the status of the Lloyd's Restaurant sewer impact fee payment. City Attorney, Kohn Bennett responded that a lien has been filed against the lease - holder for non- payment. He stated that the restaurant can not be sued because they did not sign the promissory notes • Mr. Nicholas expressed concern that the City of Cocoa did not make the city aware of new water connections which would have prompted the city to impose sewer impact fees at the port. He commented that the port new the businesses were there and the port contract stipulates that they have to notify the city when new businesses connect to the system. Council consensus was for the City Attorney to pursue claims for unpaid sewer fees for businesses at the port who received water connections. 1 1 1 City Council Regular Meeting Minutes October 1, 1996 Page 7 COUNCII, MEMBER - Burt Bruns • Mr. Bruns requested that Council consider reviewing the Planning and Zoning and Board of Adjustment's policies regarding ordinances and how it relates to the Council. • Mr. Bruns commended the library staff for their work under difficult circumstances of construction. ADJOURNMENT: N'k': ; 8:40 John K. Porter, MAYOR