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HomeMy WebLinkAboutcocc_council_mtg_packet_20240124_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA Wednesday January 24, 2024 2:30 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. ITEM FOR CONSIDERATION Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. (Submitted by Mayor Morrison) ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING • JANUARY 24, 2024 AGENDA ITEM SUMMARY Subject: Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. The City of Cape Canaveral website describes the Community Development Department as follows: The Community & Economic Development Department now comprises six distinct divisions: 7. Urban Planning 2. Building Inspection 3. Code Enforcement 4. Sustainability and Resilience Planning - Cape Canaveral 2063 Program 5. Community Redevelopment Agency (CRA) 6. Economic Development Together, our six divisions play a vital role in the department's overall mission to protect and enhance the built and natural environment of the City and provide for the highest possible quality of life for residents, business owners, and visitors. Primary responsibilities include: • Perform plan reviews and site visits • Process permits and schedule final inspections • Conduct inspections • Issue notices • Assist residents and contractors with building and code enforcement requests • Enforce building and zoning codes • Provides information and assistance to current and potential business owners • Meet with and assist citizens, realtors, and staff members who are stakeholders in local economic development • Provide guidance for appropriate sustainable development of the City's built environment, implement environmental remediation projects, and assist with the future -proofing of critical municipal infrastructure • Oversee the City's overall sustainability and resilience program - which is called the Cape Canaveral 2063 Program - and implement Council driven environmental directives as appropriate and feasible. 1.) Properties located at 304, 306, 314 and 316 Fillmore Avenue Residents and Property Owners of 306 Fillmore Avenue (Jim and Maranda Hurst) sent an email on Thursday January 4, 2024 informing the issues they have experienced prior to and after the purchase of their retirement home in October of 2022. The email is copy and pasted below on the following page and has been circulated to the City Manager. City of Cape Canaveral City Council Special Meeting • January 24, 2024 Agenda Item Page 2 of 7 Dear Mayor Morrison Our names are Jim and Maranda Hurst, and we purchased our retirement home at 306 Fillmore Avenue in October of 2022 to join our family who have lived in Cape Canaveral for over 20 years. The week before our closing a "ditch" was dug in our yard essentially taking all access and use from the property. I called the city engineer John Picar who graciously went out and confirmed it was a ditch and constructed incorrectly. He wrote the city a letter to this effect and said that it needed to be addressed immediately as closings on the property were taking place and certificates of occupancy would be issued. The City issued the CO's without having the developer address the issue, leaving the homeowners waiting and hoping for resolution. It has now been a year and two months without resolution. The developers have tried unsuccessfully THREE times to correct the situation and are unable to satisfy The City or the homeowner. Eight months into this ordeal The City also realized that the power had been improperly installed. Now the developer and FPL are dragging their feet complaining about access. All of which would never have happened if a proper inspection had taken place and certificates of occupancy not been issued. We have tried our hardest working with The City for months. Countless e-mails and phone calls to city employees with no answers given as to why the city did not perform the proper inspections. Why on a street known for flooding was the developer allowed to not install the storm water run-off as per City approved plan. This water issue has caused hate and discontent with abutting neighbors whose property is directly effected. The developer is now being allowed to start a new project on Jefferson Avenue. He cannot correctly complete "The Villas at Fillmore" which is effecting four separate households and abutting neighbors. We are coming to you and the rest of the council board to ask for any and all help that you can give. We have attached the emails and pictures for your consideration. Please feel free to come to our property and see what we are talking about. Thank you, James & Maranda Hurst 306 Fillmore Avenue Cape Canaveral, FL 32920 City of Cape Canaveral City Council Special Meeting • January 24, 2024 Agenda Item Page 3 of 7 On January 8th 2024 the Community Development Director provided the following email to the Council and some of the parties involved. Good morning Mayor and Council. Many of you recently received an email from Mrs. Hurst (cc'd) who lives at 306 Fillmore Avenue. The Hurst's, as well as the other three Fillmore Townhouse owner's frustration is certainly understandable, and City Staff continue to treat this as a high priority. Over the past year, Staff has corresponded with the owners and FPL with dozens of emails and phone calls. Our goal has been to make sure that everyone remains fully informed, and the required work is completed to bring this matter to closure. The project is a 4-unit townhouse development with a common drainage system to handle onsite stormwater. Mrs. Hurst mentions that the developer (Gary Wittekind) has tried unsuccessfully three times to correct the situation. The ditch she refers to is the stormwater drainage swale that is part of the overall stormwater system for the project. It was constructed inconsistent with approved plans for two reasons: 1. The placement of the drainage swale was shifted to the south (closer to the new homes) and constructed with an excessively steep slope. This change required approval from the City, which the developer did not request or receive. 2. Also, FPL placed a new power pole and a new utility box (a "handhole') in the swale area to bring overhead utility service to the units. This is in violation of city code (which requires all new electric service to be underground). This new pole and box were not shown in the approved plans. The developer is responsible to correct all violations. While we do not know why the developer chose to proceed this way, we are working to ensure the developer addresses these items. Consistent with City procedure, when the developer called for a final inspection and Certificate of Occupancy (CO), the City Engineer (John Pekar, at the time) performed a site inspection to determine if the site improvements were completed consistent with approved plans. His initial inspection determined that the site improvements were not constructed properly (see item 1 above). As a result, the CO's were not issued. The developer proceeded to re -work the drainage swale. The City Engineer was again asked to reinspect the work. It was rejected again. Ultimately, the City Engineer verbally approved the swale system. City of Cape Canaveral City Council Special Meeting • January 24, 2024 Agenda Item Page 4 of 7 Based on this approval, the Building Official issued CO's for 304 and 306 Fillmore Avenue. Note that item 2 above had yet been addressed. However, subsequent to the issuance of the CO's, Mrs. Hurst and another homeowner (Mrs. Burkley) contacted me because they were not satisfied with the location or steepness of the drainage swale. Mr. Pekar had since retired. Staff met with the developer at the site and all agreed that the swale was still not correctly constructed. Around this time, the City Manager accompanied the Mayor and myself to see the concerns firsthand. At that time, the overhead service line violation was noted. The developer was also informed of this issue. Over the past year, at the continued urging of City Staff the developer has continued to work to address these items. However, before the developer can relocate/recontour the swale, FPL has to remove/relocate the new pole and handhole and completely underground its electric service line as noted above. FPL had scheduled the work to begin on November 77th, however, one of the owners requested the work be rescheduled due to a concern the work may carry over into Thanksgiving week, and possibly affect planned visitors. FPL again attempted to start the work this past week, but due to the installation of a fence, crews were unable to access one of the backyards. According to one of the owners, FPL was given the contact information of the owner of the fence to coordinate its temporary removal while the work is occurring. It appears the developer is working to resolve the issue. Please let me know if you have any further questions. David Dickey Community & Economic Development Director City of Cape Canaveral (321) 868- 7220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 City of Cape Canaveral City Council Special Meeting • January 24, 2024 Agenda Item Page 5 of 7 On January 13, 2024 Jim Hurst sent the email and letter copy and pasted below to the entire City Council. Good Afternoon Mayor and Council, Thank you all for the correspondence and site visits. Having read David Dickey's email dated January 8th we wished to convey a more accurate timeline, and information. The developer Gary Wittekind is only one of three principles of Cape 111. Ron Abeles, and Janet Parasmo being the others. We would also like to point out the build permits were issued to ABC Concrete Inc., Andre Baez. Days prior to our closing on October 7, 2022 my wife Maranda informed me of the ditch that had just been installed. I called Mr. John Pekar, P.E. who was gracious, and pleasant. He told me that he would immediately go and inspect the site. The following day we spoke by phone again. He informed me that it was in fact a ditch not a 4:1 swale and that it is dangerous and wrong. He told us that he was going to write a letter immediately to Cape Canaveral as well as call. The letter was dated October 5, 2022. He was concerned knowing certificates of occupancy would soon be issued, which was subsequently issued October 6, 2022. CO's had already been issued for 314, and 316 on August 8, 2022 with the incorrect ditch. Prior to the certificates of occupancy being issued for 314, the Burkleys, Mr. Pekar had issued another letter dated August 5, 2022. This letter addresses the issues with the swales, proper construction, incorrect structure being installed, maintenance and safety. We have asked for the answers to these questions multiple times or if the letter was ever addressed. Our requests have been ignored, or pushed off as information that the city will get to us. It has been since February 2023 and we still have not gotten information promised to us. David stated there are two main reason the ditch/swale was constructed improperly. There was and still is debris shown as an old concrete pad existing on one of the site plans. The other reason is for bamboo Cape Ill planted. Mr. Wittekind, expressed he did not want to excavate and relocate the plantings. No part of the storm water plan engineered by Allen Engineering has been followed as per original plan. Stormwater inlet is wrong size, construction of the stormwater drain was not installed, and existing drain modified. Construction can be an inconvenience, we understand. One of four residents was allowed to stop FPL from working the week and days prior to Thanksgiving with no notice to any of the other three residence. The work to be accomplished is in fact on our property and 304. We urge the city to keep FPL on track in order to end this year and two -month fiasco. FPL tied to start work but we're stopped by fence between 304 and 306. The fence in question was installed by unit 304 in October of 2022 and should not have come as a surprise to anyone who had done a pre site construction visit. I have spoken with my neighbor Ms. Anderson, and she has not been contacted by the city or FPL about her fence as of January 13, 2024. City of Cape Canaveral City Council Special Meeting • January 24, 2024 Agenda Item Page 6 of 7 We urge all that can, to do a site visit. See what is remaining of the control for grade and elevation that Allen engineering laid out and realize that what swales have be constructed for the 4th time are again wrong. We did ask for the new city engineers to come out but were told by the city they would not until the work was completed and the developer called for inspection. We still feel a site visit from the city engineers would be helpful to expedite the process. We urge you to please read all email chains to understand our frustration. Most answers to our inquiries are ignored or blamed as the responsibilities of employees or contractors that are no longer with the city. Once again thank you for your time. James M Hurst 603-470-3921 The concerns expressed by the Hurst Family and neighboring property owners have not been overcome after lengthy correspondence between our City Administration, the Property Owners, Developers, Contractors and City Council going back to 2022. I am requesting for the City Manager and Administration to provide input on the proposed actions below and ask that the City Council consider providing the City Administration with direction and necessary resources needed to expedite resolving the issues for the Hurst family and any other parties who have been impacted from this development. 1. Obtain and distribute a current building inspection report showing compliance and any existing violations with all applicable codes to the City Council for all property owners at 304, 306, 314 and 316 Fillmore Avenue. 2. Obtain an Engineering field inspection report and review of all existing plans, letters, and calculations submitted by Allen Engineering and former City Engineer John Pekar to identify any concerns such as but not limited to a storm water analysis on the existing drain and pipe compared to the expanded drain originally approved in the driveway of 306 Fillmore Avenue. 3. Obtain plans and confirmation on a date for FPL to remove overhead lines and reinstall the line underground consistent with code. 4. Obtain plans and confirmation on a date for the licensed contractor to complete the improvements recommended by the engineering firm and building inspection report from any items above such as but not limited to the swale in the backyard. 5. City Manager and City Attorney present any findings and or opportunities in a report to be distributed to the City Council on ways the City can improve our Community Development Department. 6. Any other actions the City Council or City Administration seems appropriate. City of Cape Canaveral City Council Special Meeting • January 24, 2024 Agenda Item Page 7 of 7 2.) Properties located at 116, 118 and 120 Jackson Avenue Businesses and Property Owners of 116, 118 and 120 Jackson Avenue have been engaged with the City on a variety of concerns and issues. Specifically, the business owner and tenant occupying 116 Jackson Avenue is Ellie Mae's Tiki Bar and Restaurant is a tenant owned and operated by Peg Schaller has worked directly with the City Community Development Department and experienced challenges and concerns in working with our Code Enforcement Department. Those challenges and concerns are opportunities for the City Council and City Administration to understand so that we can work with the parties involved to discuss ways to improve our level of service and the overall quality of life in the City of Cape Canaveral. I am requesting for the City Manager to provide input on the proposed actions below and ask that the City Council consider providing the City Administration with direction and necessary resources needed to expedite resolving the issues and concerns related to the property owners and tenants of 116, 118 and 120 Jackson Avenue. 1. Provide a Report generated from BS&A that shows all actions and correspondence related to Code Enforcement and the properties, owners and tenants listed above on Jackson Avenue. 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law and City Code to be followed by our City Code Enforcement Officers. 3. Provide a list of certifications and continuing education completed and ongoing for the City Code Enforcement Officers to obtain regarding Code Enforcement and BS&A. 4. Distribute a monthly BS&A report of all open Code Enforcement Cases from initiation to Closed. Include other important data provided by BS&A such as date created, status, next step and or any other information necessary to monitor. 5. Review and distribute a Comprehensive Report from BS&A regarding the City's engagement with the properties located at 114, 116, 118 and 120 Jackson Ave for the past 5 years and present any findings and or opportunities to be distributed to the City Council on ways the City can improve our Community Development Department as it relates to Code Enforcement. 6. Request a training video to be available from BS&A that could be utilized by the City Council and public on how to use BS&A. Department: City Council Submitting Council Member: Mayor Wes Morrison Attachment(s):