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HomeMy WebLinkAbout06-15-1999 Regular Meeting1 1 1 CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 15, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES Council Members Present Richard Treverton Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager; Bennett Boucher City Attorney, Kohn Bennett Public Works Dir., Ed Gardulski City Clerk, Sandra Sims Building Official, Dennis Franklin PROCLAMATION: Sister City, Idoten Switzerland Mayor Randels read and presented the proclamation renewing the City's commitment to develop and strengthen friendship between Kloten, Switzerland and Cape Canaveral, USA, SISTER CITIES; and encouraging all people to "promote multi - cultural friendships, educational, municipal, business, professional and technical exchanges" through explorations of intemational partnership to Mr. Hans Saurenmann. Mr. Saurenmann thanked the council and related that he expects the City Manager to go to Kioten in November. Mr. Treverton arrived at this time: 7:05 Mr. Saurenmann suggested that the City set up an advisory board with members from Brevard Community College, the International Student Services and the School Board. CONSIDERATIONS: 1. (Tape 1,178 ) A motion was made by Bruns and seconded by Petsos to approve the Regular City Council Meeting Minutes of February 16; March 2; March 16; April 6; April 20; May 4; ,May 18; and June 1, 1999. The motion passed 5 -0, with voting as follows: Mr. Treverton, For Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For and Mayor Randels, For. City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 2 2. (Tape 1, 244 ) Scott Pendley, Attorney for the City explained after reviewing the claims, both parties decided that the potential to resolve, short of trial in federal court, would be more advantageous to all. During closed -door session, trial was set for August but allowed parties to explore a Settlement Agreement. That agreement is before Council, and representatives of Blarney 67 (Fairvilla Megastore) Chris Coleman, attorney and Glenn Duffy, Finance Director were present to answer questions. City Attorney, Kohn Bennett explained that these are settlement discussions and neither party can use issues discussed at this meeting in trial, Mr. Coleman agreed. Mr. Hernandez queried why the adopt -a- highway sign was not included. Mr. Bennett explained that it is a separate agreement between Fairvilla and the Florida Department of Transportation. That agreement will be considered separately, Mr. Treverton stated that sections 6 & 7, sound like Blamey67 is a family owned business and that the owner can pass it on to or transfer to the heirs and assigns for perpetuity. Mr. Bennett responded, "that is correct." Sale, foreclosure, etc. would not apply. Mr. Murphy, a single individual, owns it. If the use is discontinued, Mr. Bennett explained, it would fall into the zoning code and could not retain the use after being vacated more than 18 months. Mr. Hernandez queried if assigns were necessary? Mr. Bennett replied, yes. Mr. Hernandez stated that a good job was done negotiating by all parties. Mr. Bruns stated that the settlement agreement is well written and addresses all concerns. Mr. Petsos stated that he appreciates Blamey67 and Mr. Murphy recognizing that the City's Code is constitutional and enforceable. He requested that the truck with signs not sit on the state roadside. Limit it to designated parking areas close to the building. Mayor Randels referred to page 5, item 8; if they come for a rezoning, how can we pre - approve zoning? Mr. Bennett related that it is not. It is Florida Statute language. Blarney 67 shall not construct more signs. Vehicles, mobile should be included. Strike construct and enter "utilize" Mr. Hans Saurenmann stated that the stringent requirements sound like selective enforcement. Why not just go with City Code. Mayor Randels stated that it could be discussed because it is in a settlement negotiation. 1 City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 3 Mr. Hemandez stated that an agreement should be made today for a size of the entrance sign. Mayor Randels stated that certain verbiage or drawings should be agreed not to be used. Mr. Chris Coleman, concurred that the intent is not to use risque words, pictures or innuendo on boards. It is not necessary to limit verbiage just to Fairvilla. There will be no sexual or adult connotations. Mr. Glenn Duffy, agreed to a 12 sq.' entrance sign which is smaller than the code allows. Consensus except for Mr. Petsos unless it just says Fairvilla & or entrance. Trucks will not be parked at highway again. Mr. Duffy stated that they would totally comply. Vehicles must be in a parking area, not on the grass. Mr. Leo Nicholas expressed concern that the audience did not realize that Blarney 67 is Fairvilla until well into the discussion. Mr. Boucher, City Manager responded with a recapitulation of the Settlement Agreement. Mr. Pendley opined that from a practical standpoint, a retail establishment exists, no services or liquor are allowed; whereas, in C -1 alcohol is allowed in establishments, as well as other more crime susceptible activities. He related that as an outsider, this establishment is better than what could operate under our current code of ordinances. If pursued, the City could win or lose. If lost, they could expand or change to have a dance hall or not solely retail establishment. Practical considerations must be considered aside from the legal significance. A motion was made by Mr. Hemandez and seconded by Mr. Petsos to approve the settlement agreement contingent upon execution of the agreement and the ordinance no. 05 -99, with changes as follows: • use granted hereunder shall automatically be revoked when voluntarily abandoned or use discontinued other than natural disasters or other acts of god for a period of 18 months. • Shall not construct any other signs (including reader boards) for the operations other than a directional entrance sign not exceeding twelve (12) square feet in size and utilizing on the words Fairvilla Mega Store and Entrance or such other language as Cape Canaveral may approve, which approval shall not be unreasonably withheld. • The use of its signs shall not utilize any depiction of the human body or the terms, words, or phrases: adult, XXX, nude, erotic, or any other terms or phrases which have an adult or sexual connotation. City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 4 Mr. Coleman stated that the record may sound like contract zoning. He preferred to have the second contingency removed. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to amend the motion by removing the contingency of the adoption of ordinance no. 05- 99. The motion passed 5-0, with voting as follows: Mr. Treverton, For Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. Mayor Randels stated that he is voting against the settlement agreement because he believes it is not good for the community, the size of the sign is not acceptable and he thinks we could win the case in court. The motion passed 4-1, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, Against. Recessed at 8:20 Reconvened at 8 :25 3. (Tape 1, 2915 ) Emergency Repair of Sanitary Sewer Force Mains. Ed Gardulski explained that two sewer force mains needed emergency repairs and contractors were here within an hour. No residents were aware ithe system was shut down, there was no interruption of service is the good news. The work is done and needs to be paid. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve payment of the Sanitary Sewer Force Mains Emergency Repair, in the amount of $11,945 to Atlantic Development of Cocoa. The motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. (Tape 2, 55) A motion was made by Mr. Petsos and seconded by Mr. Bruns to award Bid #99 -01, Publishing Services — "Lessons Learned in Planning and Zoning, Cape Canaveral" to All Service Graphics. The motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. (Tape 2,190 ) A motion was made by Mr. Hernandez and seconded by Mr. Treverton to appoint Mayor Randels as Voting Delegate to the Florida League of Cities Annual Conference. City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 5 The motion passed 5 -0, with voting as follows: Mr. Treverton, For Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For and Mayor Randels, For. A motion was made by Mayor Randels and seconded by Mr. Hernandez to appoint Mayor Pro Tem Buzz Petsos as Alternate Voting Delegate to the Florida League of Cities Annual Conference. The motion passed 5 -0, with voting as follows: Mr. Treverton, For Mr. Bruns, For Mr. Hernandez, For Mayor Pro Tem Petsos, For; and Mayor Randels, For ORDINANCE FIRST READING: 6. (Tape 2, 264 ) Mayor Randels read Ordinance No. 04 -99, C -2 District by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C_2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Hernandez and seconded by Petsos to approve Ordinance No. 04-99 for second reading. City manager stated that legal advertisement was published and notices to property owners were sent. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 7. (Tape 2, 314) Mayor Randels read Ordinance No. 05 -99, Repealing Section 110- 352(7)(e), Amortization of Nonconforming Uses by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 110- 352(7)(e), AMORTIZATION OF NONCONFORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve Ordinance No. 05 -99 for second reading. 1 City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 6 There was no public comment. The motion passed 4-1, with voting as follows: Mr. Treverton, For Mr. Bruns, For Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, Against. 8. (Tape 2, 344) Mayor Randels read Ordinance No. 08-99, Repealing Paragraph (e) of Section 110 -470, Fences, Walls and Hedges by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING PARAGRAPH (e) OF SECTION 110 -470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Ordinance No. 08-99 for second reading. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. ORDINANCES: SECOND READING: 9. (Tape 2, 396) Ordinance No. 06 -99, Amendments and Rezonings for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110 -137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 06 -99. There was no public comment. The motion passed 5 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 10. (Tape 2, 453) Mayor Randels read Ordinance No. 07 -99, Local Planning Agency by title. 1 City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 7 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58 -56, DESIGNATION AND ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to adopt Ordinance 07 -99. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. REPORTS: 11. (Tape 2, 503) City Manager — Bennett Boucher • Mr. Boucher reported that Fire Chief, Dave Sargeant received $19,000 EMS funds from the County. • Mr. Boucher reported that the antenna at the annex was removed after a safety inspection • Mr. Boucher reported that he and Mr. Gardulski are working on the AIA landscaping contract with the Florida Department of Transportation. • Mr. Boucher reported that John Pekar, of SSA left a status report on the reclaimed water drawing changes. He related that is should be finished by July 2. Mr. Petsos queried if it is acceptable for it to have taken this long? related that Mr. Pekar said it would take one and one -half weeks. It has been over four weeks. Mr. Petsos asked Mr. Boucher to relay deep concern. Council concurred that John Pekar should be at the next meeting for an engineer's report. Canaveral Sands is requesting reclaimed water, but it will be at least four months because we have to re -bid. Mr. Gardulski suggested piggybacking with Cocoa Beach; however, they do open cuts rather than directional boring, or we can proceed along roads such as Holman Road or Ridgewood. Mr. Gardulski related that he would try to find a govemment contract to piggyback that includes directional boring. • Mr. Boucher reported that Nancy Hanson, Recreation Director received $42,000 for the Patriots Park grant, which included the purchase price plus closing costs • Mr. Boucher reported that Ed Gardulski, Public Works Director has been working with Brevard traffic safety team to get a center turn lane on AIA at Purcell's. He related that they will not consider the turn land because there have been no crashes, therefore, no basis for changing. He related that this issue needs a political push. City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 8 Audience Hans Saurenmann, Coral Drive- Mr. Saurenmann queried if the City has requested an east/west pedway integrated with the port interchange. Council concurred to make the request with the Florida Department of Transportation. Lamar Russell, Planning and Zoning Board Member — Mr. Russell stated that five ordinances were considered tonight and the Planning and Zoning Chair, Bea McNeely's work. She conducts orderly meetings, coaches, and does her homework. She is a good administrator and tonight's work is the manifestation. City Clerk — Sandra Sims • Ms. Sims reported that the Notebook PC being used for recording meeting notes is Susan Stills, Assistant City Clerk's personal computer. The computer is just one example of her personal investment in making our department and our City better. • Ms. Sims reported that the City Manager has recently purchased to Softbook readers that will provide our agendas and backup material in an electronic format. The two books should be on line soon. City Attorney — Kohn Bennett No report. Council Member — Richard Treverton • Mr. Treverton reported that the City Hall Committee met. Members of the committee are: himself, Susan Stills, Kim McIntire, Susan Chapman, Joy Daine, and Doug Waller. He related that the committee's assignment is to pursue all options for the building. He related that they talked about the physical state, vermin, interior and exterior problems, sq. footage, and parking. Currently, there is not enough information to address which avenue to pursue. He suggested and Council concurred that a professional inspector should evaluate the current building with no bias. Future reports will be made as information is collected. Council Member — Burt Bruns • Mr. Bruns requested that the Community Standards Design proposal be pressed for an upcoming agenda. Council Member — Tony Hemandez • Mr. Hernandez referred to a memo from Nancy Hanson, Recreation Director regarding their meeting for the City Ballpark. He stated that we need to use the money already received, rather than lose it for lack of planning. 1 1 City of Cape Canaveral Regular Meeting Minutes June 15, 1999 Page 9 • Mr. Hernandez expressed relief that the City is starting to receive investigative fees collected by the Sheriffs Department. • Mr. Hernandez requested, and Council concurred that the City request the County to paint a bike lane along Ridgewood. Mayor Pro Tem — Buzz Petsos • Mr. Petsos stated that the Tight in the center of the room has a bad ballast. Mayor — Rocky Randels • Mayor Randels commended finance for purchasing a binding machine that makes reports appear more professional. • Mayor Randels stated that he has received an invitation from the Cocoa Police and realized that all Council Members do not receive all invitations. He queried if he should distribute copies all invitations. Council concurred that he should. There being no further business, the meeting adjourned at 9:30 p.m. Sandra ozar Sims, CITY CLERK o Rocky Randels, MAYOR