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HomeMy WebLinkAbout07-06-1999 Regular MeetingCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 6, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Council Members Absent Richard Treverton Tony Hernandez Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski Building Official, Dennis Franklin City Planner, Todd Peetz ORDINANCES - SECOND READING:, 1. (Tape 1, 30) Mayor Randels read Ordinance No. 04 -99 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A 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 Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 04 -99 for second reading. Mayor Randels explained that this ordinance proposal started as a result of the 1995 redevelopment plan. The Commercial Development Board made a recommendation to the Planning and Zoning Board, received by Council in 1997. Council is proposing that some M -1 and C -1 areas be integrated into a new C -2 area. The purpose is to establish greater usage for properties. Mr. Petsos requested that the audience is heard and address concerns expressed that a bar could be on every comer. Mayor Randels City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 2 explained that Item 8 on page 2 is the issue of concern. There are three options: permit sale of alcoholic beverages in C-2; comply with the present ordinance distance requirements; or not permit the sale of alcoholic beverages in C -2. Mr. Treverton opined that the citizens have a real concern and it is not the intent of Council to provide for more drinking establishments. However, there is a problem providing for beer/wine taverns. He suggested striking item number 8 and adding a restaurant provision somehow, possibly in conjunction with seating capacity similar to City Code 110 -171, which describes current requirements for restaurants /alcoholic beverage sales. City Attorney, Kohn Bennett related that some of the fears might be unfounded. The only difference from as it is currently, is that property owners would not have to request a special exception. They must still meet all the requirements in 110 -171. Council has the latitude to retain the special exception or lift the requirement. He cautioned that if distances and other requirements are changed, it could prove even more confusing. The special exception provides a tool for enforcement. If an establishment is not meeting requirements, the special exception can be revoked. Mr. Bruns opined that there is no reason to change 110 -171 requirements. He believes people are concerned with bars, rather than restaurants that serve alcohol. Further, the special exception is a good tool to implement into C -2, the same as in C -1. If a special exception is granted for the sale of alcoholic beverages & if the establishment goes out of business, does it remain? Mr. Bennett responded that it is regulated under the 18 -month sunset rule. Mr. Bruns requested that the special exemption should be revoked at the moment the establishment relinquishes its business. Todd Peetz, City Planner stated that the purpose is to provide more business opportunity. He concurred with retaining the special exception requirement as currently in C -1. Mayor Randels stated that the C-2 zoning could potentially affect neighboring properties. Therefore, bestowing usages on an M -1 property that could preclude a neighboring C -2 use. Mr. Bennett responded that it would not preclude anyone other than bars or taverns. Dr. Charles Pindziak; resident, in talking to people coming into his office, asked those clients how they would feel if areas in the city, which currently may not sell alcoholic beverages, would be allowed to City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 3 under the C -2 zoning? He stated that no one responded in the affirmative. Further, he complained that his property was previously administratively rezoned years ago and cost him some uses. He opined that if this issue were placed on the ballot, it would be voted down. He declared that the City has enough uses in C -1 without these changes. He further expressed concern that competition may preclude him from his speculative uses. He opined that adjacent property owners should have been noticed as well as the actual property owners proposed for rezoning.. Dr. Pindziak advocated that the City should not provide for further availability of alcoholic beverage sales. He reiterated that it should be placed on a referendum. ballot. Mr. Petsos clarified that alcohol is only one element in the proposal. Mr. Bennett further clarified that although it is an honorable argument. Devaluing is not a valid line of reasoning; it would be protectionism. We are required to get our Land Development Regulations on the books within a year after the Comprehensive Plan was adopted. Donald Haynes, business owner, expressed concern whether he would be able to rebuild his mini warehouses if they were destroyed. He queried what the impact would be to adjacent properties. Mr. Bennett explained that the mini warehouse use would remain, although through the special exception regulation. It would make one more requirement for competition. Mr. Haynes asked, what would it do to the properties in M -1? The additional uses were read from the memorandum listing what is permitted. Beatrice McNeely, Planning and Zoning Chair opined that if the special exception were instituted in the C -2 zoning district, the problem would be solved. An amending motion was made by Mr. Petsos and seconded by Mr. Bruns to delete page 2, paragraph 8; remaining paragraphs would be re- numbered; page 4 renumbered; inserting page on 7, a new subsection 12, under 110 -383 commercial establishes which sell, dispense, store or permit the consumption of alcoholic beverages subject to 110 -171. Mr. Treverton stated that this ordinance should make Mr. Morgan satisfied in accordance with his letter. Dr. Pindziak retorted that it was not the opinion of Mr. Morgan that C -2 should have the ability to sell alcoholic beverages at all. Vote on the amending motion was 4-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 4 City Manager, Bennett Boucher stated that a representative of Time Warner who affirmed wholehearted approval of the C -2 zoning contacted him, as it is advantageous for all businesses. The ordinance was adopted 4-0, with voting on the main motion as follows: Mr. Treverton, For Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For Discussion ensued regarding whether to administratively rezone the entire area or allow each property owner to request the C -2 rezoning. City Planner, Todd Peetz explained that the advantage of rezoning the entire area is that it is administratively easier, and would save staff time. Administrative rezoning makes it consistent with the comprehensive plan. However, with individual applications to rezone, the costs can be deferred to the. property owner. Mr. Boucher recommended individual zoning and Ms. Sims concurred. Although administrative rezoning is much easier and saves staff time, the costs are negligible for notice expenses and would negate public concern that property owners are being forced into a zoning situation that they would otherwise not have chosen. Mr. Treverton suggested and Mr. Petsos concurred that administrative rezoning is the better alternative. Mr. Franklin opined that the Building Department would take the brunt of staff time required if each property owner is required to apply for rezoning. He recommended administrative rezoning. Mayor Randels expressed concern that we are now forcing folks to rezone. Mr. Peetz stated that we have already done that when we adopted the Comprehensive Plan. He stated that the areas, because they have not been rezoned, are all currently nonconforming to the Comprehensive Plan. 2. (Tape 1, 2816) Mayor Randels read Ordinance No. 08 -99 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. Petsos and seconded by Mr. Treverton to adopt Ordinance No. 08 -99 at second reading. There was no public comment. 1 City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 5 The ordinance was adopted 4 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos; For and Mayor Randels, For CONSIDERATIONS: 3. (Tape 1, 2874) A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Regular City Council Meeting Minutes of June 15, 1999. The motion was approved 4 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. (Tape 1, 2914) A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the request to approve a 90-day building permit extension for 8699 Astronaut Boulevard. Mayor Randels stated that he is not in favor of breaking into the force main to provide sewer to them. Ed Gardulski explained that he has researched alternatives and this is the best. There is no room to place a gravity line. However, there is no issue with extending the permit. Mr. Petsos opined that the Public Works Director should make those types of decisions. The motion was approved 4 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. (Tape 1, 3420 — Tape 2) A motion was made by Mr. Bruns and seconded by Mayor Randels to approve the Proposal from Planning Solutions, Inc. to reformat the City Land Development Code to New Community Design Standards, in the amount of $5,250. Mr. Boucher explained that Planning Solutions, Inc. would do tasks 1 and 2 for $5,250 plus an hourly fee for additional tasks. He related that the Commercial Development and Community Appearance Board highly recommend pursuing the community design standard. Mr. Bennett thought they would take the current code and restate it into the community design standard format in tasks 1 and 2, which is what the Community Appearance Board requested. Council concurred that there is not enough information. Mr. Bruns queried what would we have to say at a town meeting? Our code should be reformatted, then changes can be considered. First they would review the code and comment on suggestions. A format outline would be accomplished through these tasks: Council expressed concern with the clarity of what will be accomplished. John Pekar related that the issues addressed by Greg Mullins relative to flood insurance would be addressed and will help reduce insurance rates. 1 City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 6 An amending motion was made by Mr. Bruns and seconded by Mr. Petsos to add that the motion is contingent upon satisfactory reference responses checked by the City Manager. The amending motion was approved 4 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. The motion was approved 4 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 6. (Tape 2, 580) Mayor Randels read Resolution No. 99-13 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE DESIGNATION OF THE INDIAN RIVER LAGOON AS A FLORIDA SCENIC HIGHWAY; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mayor Randels to approve Resolution No. 99 -13. City Manager, Bennett Boucher explained that there are some good things that could occur if the highway is designated and there are no negative consequences. The resolution was approved 4 -0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. REPORTS: 7. (Tape 2, 721) City Engineers' Report John Pekar of Stottler, Stagg and Associates reported on the following topics: Tower Boulevard and the entrance to Banana River Park — designs are complete and they have discussed with Cocoa Beach in an effort to piggyback with them. However, their contract merely places asphalt on existing roads. Possibly, it would work for some streets in the City, but not for Tower Boulevard or North Banana River Drive. North Banana was designed two ways; one with water and sewer lines, the other without. The bid can be issued with alternatives with and without water and sewer lines. Mr. Boucher explained that his concern is in determining what size lines should be installed without knowledge of the type of development. Council concurred to bid with both options. City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 7 The Manatee Sanctuary Park Boardwalk has been designed and will be displayed at the Wednesday — Friendsday event tomorrow night. Some shoreline stabilization will be accomplished beforehand. The A1A landscaping design and certification packets have been completed and sent to the Florida Department of Transportation. Ready to let for bid reuse lines including Holman, and six other streets. Ed is also considering piggybacking to expedite the project. For instance, Holman Road could be done with the contractors working in Cocoa by trenching, not directional boring. We are paying $20 per foot for directional boring and $9 without. They didn't finish the project before the contractor left, but did fulfill the contract date of July 2. The grant through St. Johns for water quality ($20k) is the only pending project. The best location thus far determined is at the end of Tower Boulevard into the lagoon. There is only enough room to place a baffle box and is readily available to be cleaned. It services a high runoff area and is the best location in his opinion. The issue is if the land is available. Mayor Randels stated that the City owns the property at Tower and Central Boulevards. Mr. Boucher stated that the problem is that we do not have a stormwater plan. Mr. Gardulski concurred that it is the best location, and will require substantial maintenance. It could be installed with the drainage for Tower Boulevard. Stormwater quality program, shoreline protection program, and manatee park facilities, and the fdot grant — working with staff. Greg Mullins, Code Enforcement Officer is doing a great job, and will accomplish more points. The Port interchange and George King Boulevard will be bid this month and work starting in September. Need to coordinate with their landscaping plan. Public Works Director, Ed Gardulski stated that just outside the city limits, a large sign would be installed. The portion facing the city will be blank and they have asked if the City wants to put anything on the other side. Mr. Petsos requested Mr. Pekar to obtain a copy of the proposal. 8. (Tape 2, 2010) City Manager — Bennett Boucher • Mr. Boucher reported that the City has received recognition for the flood insurance program. Residents are receiving a 10 percent rate decrease. The Building Department and Public Works have•done a good cooperative effort. • Mr. Boucher reminded Council of the Chamber Wednesday - Friendsday event tomorrow. It will be an extravagant affair. City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 8 • Mr. Boucher reported that there was a fire at the Ebb Tide. They did an excellent job. Public Works employees also reported and assisted. • Mr. Boucher reported that Mr. Gardulski would bring a proposal to the next meeting for expending the remaining $40k of Phase I Reuse grant funds. • The Commercial Development Board has finished the re -write of the redevelopment plan. • Fire Department reported that there were no accidents over the holiday weekend. Audience No report. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. Council Member — Richard Treverton • Mr. Treverton reported that the, City Hall Committee visited the Johnson Controls Building and the Annex. They are not interested in the Johnson Control Building due to its size and will consider remodeling. • Mr. Treverton reported that a City Park should be created for sunset viewing at the end of Center Street even if purchasing property is necessary. Council Member - Burt Bruns • Mr. Bruns stated that he appreciates the Investment Statement prepared by City Treasurer, Andrea Bowers. • Mr. Bruns stated that he is concerned that we did not collect the impact fees from Lloyds and should be certain to that collect henceforth. • Mr. Bruns related an article about Melbourne tax revenue. He asked if Cape Canaveral received the City's Assessed Valuation. • Mr. Bruns opined that Council should provide for a stormwater plan through the budget. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried if the City has a repaving plan. Mr. Gardulski responded that he has looked at some software, and has done a surface survey of potholes. He stated that he would like an engineering evaluation to input the data into a software program that will develop a plan. Mr. Bruns stated that he noticed potholes along driveway entrances on A1A. He queried whose City of Cape Canaveral Regular Meeting Minutes July 6, 1999 Page 9 responsibility is it for repair? Mr. Gardulski responded that it is the Florida Department of Transportation. • Mr. Petsos queried how sidewalks on east AIA are coming along? Mr. Gardulski reported that the Florida Department of Transportation is currently reviewing the plans. • Mr. Petsos commended Representative Futch for sending a letter to Nancy Huston requesting construction of a pedestrian crossing on Al A. Mayor — Rocky Randels • Mayor Randels reported that Florida Today has recently been publishing positive articles for the City. • Mayor Randels reported that FRDAP grants are due and Clark, Roumelis is unable to submit this grant. Council concurred that staff should locate another grant writer • Mayor Randels reported that the Corps of Engineers have money for future funding for beach renourishment • Mayor Randels reported that the County is considering a stormwater ordinance that the City can opt in. They can collect funds for stormwater, but we must first have a stormwater master plan. • Mayor Randels reported that some property owners on the beach ends have not signed easements. He related that the County would condemn the property of those who have not. • Mayor Randels reported that a traffic study shows that the city has the capacity of two additional vehicles from North Atlantic to Center Street to place the city in an E category. If true, developers must be aware of having to contribute to concurrency. There being no further business, the meeting adjourned at 9:50 p.m. C)e,..),4212(1„ Rocky Randels, MAYOR