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HomeMy WebLinkAbout05-16-1996 Workshop Meeting1 1 1 CITY COUNCIL WORKSHOP MEETING City Hall Annex, 111 Polk Ave. Thursday, May 16, 1996 A Workshop Meeting of the Cape Canaveral City Council was held on May 16, 1996, a the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Meeting was called to order at 5:30 PM by Mayor Porter. ROLL CALL. Mayor John Porter Present Mayor Pro Tem Rocky Randels Present Councilmember Burt Bruns Present Councilmember Leo Nicholas Present Councilmember Buzz Petsos Present City Manager Bennett Boucher Present City Attorney Kohn Bennett Present Deputy City Clerk Susan Stills Present DISCUSSION: 1. Sewer Rate Study, Presentation by Burton & Associates Mr. Michael Burton of Burton & Associates explained the cost comparatives using volumetric and flat rate water service fees for Cape Canaveral customers. Burton & Associates would use a three step plan which includes 1) allocating services across commercial and residential customers, 2) recovery charge to the City, and 3) the final cost to the customer. He further explained that the volumetric rate base cost would provide the City revenue generating rate structure. By majority, Council agreed to proceed with the volumetric rate study. 2. Wireless Communication Mr. Boucher reported that the ordinances in place do not address where wireless communication towers can be located. Mr. Boucher said that towers were allowable by special exception in C -1 zoning. Mr. Randels referred to an article that defined the need for an ordinances in place to address the growing wireless communication use. Mayor Porter suggested that staff find potential tower locations. Mr. Boucher said that a draft agreement would be on Tuesday night's agenda. Mr. Petsos inquired if a height limit could be set. Mr. Randels said limitations needed to meet the wireless company's criteria_ 1 City of Cape Canaveral, Florida City Council Workshop Meeting May 16 1996 Page 2 3. Planning & Zoning and Board of Adjustment - Powers and Procedures Mr. Boucher noted the Special Exception regarding the Animal Clinic on Polk Avenue. Several questions were posed such as, should the permitted category be addressed and can the permitting process be streamlined? He stated that the Board of Adjustment members had longevity and the Planning and Zoning Board had experienced turnover that resulted in several new members. He hoped that the City attorney could provide a seminar to address proper procedures to new board members. Mr. Bruns stated his concern with a watercraft business that moved out of Cape Canaveral due to the long special exception permitting process. He expressed other concerns such as, special exceptions being granted and grandfathered in at a later time, voting procedures on both boards in which the votes were tied two to two, and the Board of Adjustment's vote which rendered final decisions on special exceptions. Mr. Lamar Russell, Planning & Zoning Board, stated that special exceptions were complex applications addressed by the Board. Such applications were given considerable thought and research before a recommendation was handed to the Board of Adjustment. Mayor Porter clarified that the crux of the meeting seemed to be concern with future development in the north end of the city. He stated that if any board member was not in line with the City's mission statement, then that member should resign. Mr. Randels said that the concerns in question were not adversarial toward the Planning and Zoning Board or the Board of Adjustment. He noted that private property rights called for training among board members and new board members needed to be properly educated before making such decisions. Mr. Petsos questioned the redundancy of items in review by both boards. He queried if staff could assist in cutting down the permitting process time. Mr. Nicholas stated that the City benefited from two reviews. The dual public meetings protected property owners and also gave them due process. Mr. Nicholas said that the watercraft owner did not deliver the required documents. The owner desired to place a noisy business on a main thoroughfare. Mrs. Ann Thurm, Board of Adjustment, Chairperson, referenced a verbatim transcript of the April 16th Council Meeting at which Mr. Bruns stated, "the Planning & Zoning Board issues a variance recommendation to the Board of Adjustment and the Board of Adjustment approves it without the issue ever coming before Council." Kohn Bennett, City Attorney, said that although boards can take such a procedure, it would be wrong and overturned. Mr. Russell explained that development can be reviewed if a Council member attends the board meetings. Ms. Marilyn Rigerman, Board of Adjustment, stated that education want important for the Council as well as the boards. She encouraged Council members to be informed on the zoning codes and to attend board meetings. Ms. Helen Filkins addressed Mr. Bran's concern regarding high development on the beach. She stated that the Board of Adjustment had a stringent set of criteria to follow and the City Attorney assisted to provide guidelines. Mr. Roy Cowell, City Engineer, stated that special exceptions were called City of Cape Canaveral, Florida City Council Workshop Meeting May 16 1996 Page 3 conditional uses in some communities, such as in Brevard County. The City Code provided that the Board of Adjustment act on special exceptions, however, if these applications were renamed conditional use,they could proceed from Planning&zoning board to the Council. Mr. Leonard Folcarelli, Commercial Development Board, Chairperson, stated that city codes were living documents and therefore subject to change. He recommended opening the enumeration on permitted use categories in C-1 and M-1 zoning. Attorney Bennett stated that two meetings established a record for the application. He said that applications that took longer were those that were not thoroughly researched. He was wary of applications that were expedient. The two meetings provided a public forum for neighboring residents and businesses with concerns. Attorney Bennett also said that he would schedule an educational forum for board members. Mr. Russell reported that Planning & Zoning had only one ruling which was for fence exemptions. Attorney Bennett added that Planning & Zoning also approved commercial site plans. Mrs. Thurm suggested that a mandatory seminar be provided for new board and Council members. The seminar would also address Land Use and Quasi-Judicial Boards taught by an expert in the Zoning process. Mayor Porter supported the idea and also the suggestion to open enumeration on permitted use categories. He recommended that Commercial Development address the latter and pass recommendation on to the Planning & Zoning Board. There being no further business the meeting adjourned. Susan Stills,Deputy City Clerk t I f • 1 1