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HomeMy WebLinkAbout10-21-1997 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Mayor's Award: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pm Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Garduiski Mayor Porter presented Marguerita Engel an award for her seven years service to Keep Brevard Beautiful. He related that she is to be credited for obtaining inmate labor that has saved the city thousands of dollars. Mayor Pro Tem Randels related that he has served with her on the annual Trash Bash Days. Both he and Mayor Porter commended her demonstration of earth stewardship and care for the environment, Fall Beautification Awards: James Hale, Beautification Board Member, presented the Fall Beautification Awards as follows: Residential - Dolores Trovillion, 311 Lincoln Avenue Multi Family - Avon -by- the -Sea, Jack & Elizabeth Mutter Commercial - First United Bank, Rick Harris > :1citycIltkminutes\reguIat1199711a21- 97.doc 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 2 PROCLAMATIONS: Mayor Porter read and presented a proclamation to Sarah Yoffa declaring Webgrrls Day. Mayor Porter read and presented a proclamation to Mayor Pro Tem Randels declaring Make A Difference Day. Mayor Porter read and presented a proclamation to Mayor Pro Tem Randels declaring Florida City Government Week. Mayor Porter read and presented a proclamation to Pharmacist Cathy Petsos declaring Pharmacy Week RESOLUTIONS: 1. (Tape 1, 651) Mayor Porter read Resolution No. 97 -37 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING CITY EMPLOYEE JOB DESCRIPTIONS AND A WAGE AND SALARY PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mayor Porter stated that there are concerns with the salary plan and recommended that the issue be discussed in workshop session. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to table Resolution No. 97- 37 to a workshop session and encourage employee feedback. The workshop was scheduled for November 18, 1997 at 5:00 p.m. The motion passed 5 -0 to table with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro Tem Randels, For. 2. (Tape 1, 867) Mayor Porter read Resolution No. 97 -38 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 97 -38 re- appointing members to the Beautification Board inserting the names James C. Hale, Martha Seymour and Frances Singer, with terms to expire on November 1, 1999. There was no public comment. The motion passed 5 -0 to table with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARING ORDINANCE - SECOND READING 3. (Tape 1, 1419) Mayor Porter read Ordinance No. 03 -97, First Small Scale Comprehensive Plan Amendment (210 Center Street) by title. Gi:\ CityClk\ MINLTfES \REGULAR\1997\10- 21- 97.doc 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97 -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 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. Mr. Hernandez stated that his firm represents TechVest, Inc. which is a property owner within 500' of the 210 Center Street property, however, there is no financial interest or conflict of interest. General Counsel for Time Warner, Frank Kruppenbacher explained that they are seeking the comprehensive plan amendment and zoning change to enable them to refurbish, upgrade and provide a nicer looking structure both inside and out. He met with the abutting property owner and have resolved the issue. They agreed to the following representation: • By the end of the year 2000 Time Warner will have erected a self-supporting stand alone tower which would remove the guide wires that are currently in the easements of the abutting properties (that is assuming being able to get through the city approvals, which Kohn Bennett, City Attorney believes are all addressed in the Telecommunications ordinance previously approved). The area would be beautified as the building is refurbished In the event there is a problem getting the tower erected, then the abutting property owner would have a right to have a review of the whole issue. • All easements must be abandoned in the process of removing the guide wires. Robert Beals, attorney, was present representing Garcia Trustee who owns the property to the south and TechVest, Inc. which owns the abutting property, He sated that Time Warner accurately represented what was agreed upon and he formally withdrew any objection to Council's approval of the comprehensive plan amendment and zoning change, subject to those terms. City Attorney, Kohn Bennett, swore in Jack Gladding, Planner of Gladding, Jackson, Kirch, Rangley, Lopez and Reinhart. Mr. Gladding spoke providing competent substantial evidence for both ordinances (comprehensive plan amendment and rezoning request): • He stated that the property and use are compatible with development patterns established in the area. Historically, there have been industrial and business uses along AIA. There is now a regeneration of that. The city abandoned the street running through the property and adjacent industrial use; one property runs all the way to the river, so the city made some changes, which are consistent with developing this section. It's just an expansion of an existing industrial area. It has good proper access to AIA, adequate access to provide for the type use proposed There are no conflicting uses in the area at all. It has close G: \CityClk\MINUTES\REGULAR \1997\10- 21- 97.doc 1 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 4 proximity to transportation, as the ordinance requires. It has adequate utilities to serve the proposed use; the size provides for adequate setbacks and proper landscape screening. Kohn Bennett reiterated that the existing uses to the north and east are M -1; south is R -3 and west is R -3; there is a sliver to the north by Johnson Controls that is R -3. Mr. Bruns queried if the relocation of the tower would be confined onto the property without going into the easements? Mr. Gladding stated that there would be nothing outside the property. Frank Kruppenbacher: The tower would be on the property, not necessarily in the same exact place, depending on meeting setback requirements. They will likely keep the current tower operating while the other is being constructed as well. Height of tower: will not exceed the ordinance and will likely be shorter than the current one Jack Gladding credentials: City Planner, MS in city planning from Florida Institute of Technology, practiced planning in Brevard County for 25 years, and served with the East Central Florida Regional Planning Council. A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Ordinance No. 03- 97. There was no public comment. The ordinance was adopted 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. 4. (Tape 1, 1480) Mayor Porter read Ordinance No. 02 -97 by title. Changing the classification of certain property from R -3 to M -1 (210 Center Street) AN ORDINANCE QF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M -1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A "'; PROVIDING THE CONDITIONS OF APPROVAL; 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. Petsos and seconded by Mayor Pro Tem Randels to adopt Ordinance No. 02 -97. City Attorney, Kohn Bennett, reiterated that all evidence stated in Ordinance No. 03 -97 hearing, beforehand, stands for this ordinance. There was no public comment. The ordinance was adopted 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For and Mayor Pro Tem Randels, For. 5. Mayor Porter read Ordinance No. 13 -97 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 98 -92, STREETS, AND SECTION 110 -475, SIDEWALKS REQUIRED, G: \CityClk\MIPTLJTES\REGULAR \1997\10- 21- 97.doc 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 5 CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE USE FIBERMESH IN SOME SIDEWALK AND DRIVEWAY CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve Ordinance No. 34 -97 for seconded reading. There was no public comment. The ordinance was approved for second reading 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For, Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCE - FIRST READING 6. (Tape 1, 1570) Ordinance No. 14 -97, Amending Chapter 110, Division 4, Amendments and Rezoning AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONING, BY AMENDING SECTION 110 -137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EF'F'ECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve Ordinance No. 14 -97 for seconded reading. There was no public comment. The ordinance was approved for second reading 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. DISCUSSION: 7. (Tape 1, 1651) Garbage Contract Extension City Manager, Bennett Boucher, reported that he, Mayor Pro Tem Randels and Tim Fadul of USA Waste met to negotiate contract issues. He stated that USA Waste has agreed to pay the $.30 processing charge the City of Cocoa assesses each customer for the cost of billing and collections. Mr. Fadul reported the following changes and issues discussed: • trash will be picked up from vacant lots • pickups will be done the day after holidays • safety hazards will be identified and reported to the City Manager to eliminate problems • routes will be performed consistently (day and time) • monthly recycling reports will be issued • quarterly garbage and recycling reports will be issued • will provide gate closures for commercial pickups as they currently do for condominiums for $3 per pickup • residential rates will be reduced by $1.30 • CPI cap will be reduced from 10% to 5% • Commercial rates will stay at the 1997 cost for two years Council concurred that the garbage and recycling billing should be on one line rather than two, to reduce the billing costs. \\ CAPE -NT \ cape- nt\ cityclerk \CityClk\MINLTfES\REGULAR \1997\10- 21- 97.doc 1 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 6 Mr. Bruns expressed concern that some dumpsters are overflowing. Mr. Fadul responded that USA Waste intends to notify the customer when larger containers are needed. Mr. Randels reported that even though the contract states that the customer is responsible for deodorizing or pressure washing their dumpsters, a statement was added in that USA Waste will either clean or take the container away and charge the customer $10 if it is not maintained. Mr. Boucher informed Council that he will be negotiating further to obtain franchise fees from USA Waste. Council concurred to place the contract extension on the November 18, 1997 agenda for consideration. 8. (Tape 1, 2947) City Manager's Performance Evaluation Each Council Member commended Mr. Boucher for his performance. A motion was made by Mayor Porter and seconded by Mr. Bruns to award Mr. Boucher a 2% merit increase ($.52 per hour). The motion passed 5 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 9. (Tape 1, 3628 — Tape 2) Amending Section 110 -567, Interior landscaping for off - street parking Mayor Porter explained that this ordinance was prompted by the miscommunication with the Race Trac service station recently built. He stated that the landscaping installed was in conformity with city code, however, the trees and landscaping were not according to the spirit that the city asked them to install. City Attorney, Kohn Bennett, reiterated that the Community Appearance Board requested larger trees and more substantial landscaping, but it could only be in the form of a request because there is no ordinance to back them up. Mr. Hernandez stated that if they did not plant according to the standards they represented that they would, the city should write a letter addressing the issue. Mayor Porter related that he would call on them nicely to express the city's disappointment. Council consensus was to present the proposed ordinance to the Beautification Board and the Public Works Department for review and recommendations, and obtain other cities' similar ordinances. Mr. Hernandez queried if the facility was in compliance with the lighting ordinance. Code Enforcement will research the matter. G: \CityCClk\MINUTES\REGULAR \1997110- 21- 97.doc 1 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 7 REPORTS: City Manager — Bennett Boucher • Mr. Boucher reported that he met with the Canaveral Port Authority Attorney and Finance Director regarding sewer impact fees. The issues discussed were: - That a date be set not to collect any further impact fees. - That the city refund all or a prorated portion of sewer impact fee collected since the city gave the port notice of contract termination in 1992. City Attorney, Kohn Bennett, opined that the city knew a date certain back in 1992 when the Port would no longer be an impact on the city. Therefore, a date of "no- impact" should be determined; then, consider refunds. He explained that the problem is that the impact fees have not been used. Mr. Bennett explained that the Port is requesting only the impact fees that the Port has paid, not their tenants. He further reported that the amount collected since the city notified them is $63,000, and spending the fees now would not resolve the issue. The fees collected, including tenants is approximately $150,000. He stated that due to current protesting, he recommends refunding the impact fees to avoid more conflict. Mayor Porter suggested that fees collected in 1998 go to the City of Cocoa Beach and the City of Cape Canaveral maintain all other previously collected impact fees. Council consensus was to collect impact fees until the effective date the Port signs as a "drop -dead date" for coming off -line, with no impact fee refund. • Mr. Boucher reported from Fire Chief David Sargeant that the house north of Maggie's Nursery on North Atlantic Avenue would be burned on Saturday, October 25t. • Mr. Boucher reported that the "Make a Difference Day" volunteer project is shaping up and the VFW will assist with barbecuing. • Mr. Boucher reported that the AlA pedestrian bridge is progressing well. Audience Leo Nicholas, resident, queried if the street light outages have been inventoried throughout the city. Mr. Boucher responded that they have and a report was submitted to FPL. Repairs have already begun. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. Mayor Pro Tem — Rocky Randels G : \CityClk\MINUTES\REGULAR \1997\10- 21- 97.doc 1 1 City Council Regular Meeting Minutes October 21, 1997 Page 8 • Mr. Randels reported that the Florida Legislative Delegation would be meeting next month at Cocoa Beach City Hall and Melbourne City Hall. Council Member — Buzz Petsos • Mr. Petsos requested any suggested legislation that he should forward at the Space Coast League of Cities Legislative Committee Meeting. • Mr. Petsos reported that the City of Satellite Beach has approached the state to waive Skateboard Park liability. Council Member — Tony Hernandez • Mr. Hernandez reported that he is working to develop a reconstruction concept for Canaveral City Park. He stated that he has preliminary drawings and an estimate of less than $300,000. He will present his ideas at a future meeting. • Mr. Hernandez queried about the status of the beach bonfire and open burning ordinances. Mr. Boucher responded that the Fire Chief does not want to amend the ordinance at this time. Council Member — Burt Bruns • Mr. Bruns queried about the status of the Washington Avenue beach end house demolition. Mr. Boucher replied that Stottler, Stagg & Associates are doing the survey. Mr. Applegate has received notice that the city will complete the demolition and charge him, the property owner. Mr. Applegate responded positively, assuming the cost is in line. • Mr. Bruns commented that the Nurses Association was at Publix in Cocoa Beach administering flu shots and the area was packed. He expressed concern that the word did not get out to Canaveral residents because of the low turnout when they were here. Mayor — John Porter No report. ADJOURNMENT: There being no fiuther business, the meeting adjourned at 9:38 p.m. Sandra Ro Sims, CITY CLERK G:\ cityclk\MINcrrES \REGULAR\1997\10- 21- 97.doc Rocky Randels, MAYOR