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HomeMy WebLinkAboutMinutes 04-15-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 15, 2008 7:00 PM MINUTES CALL TO ORDER ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Recreation Director Robert Lefever City Manager • Mr. Boucher reported that the Cape Canaveral Library exterior lighting was repaired. • Mr. Boucher reported that the beachside City Managers and the Brevard County Fire Rescue Department would meet concerning the lifeguards on Thursday, April 17th. One point of discussion was an Interlocal Agreement for rip -tide warning sign placement. • Mr. Boucher announced the Annual Trash Bash sponsored by Keep Brevard Beautiful on Saturday, April 19"'. Area site volunteers will meet at Cherie Down Park. • Mr. Boucher reminded the Council of the meeting with the City Treasurer on April 30 for a Revenue Analysis discussion. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 2 of 11 • Mr. Boucher reported on the Town Meeting and the discussion related to height limitations and Minutes were available in the City Clerk's Office. Ms. Roberts thanked staff for holding the meeting and asked what would occur next. Mr. Petsos also requested additional notice for any subsequent meetings including articles in the newspaper. Mr. Tom Garboski, 303 Surf Drive, attended the meeting and stated that most of the business owners did not live in the City. He conveyed how many of the residents were not in favor of raising the building height limits. He suggested that the City draft a Referendum question. Mr. Boucher informed that another Town Meeting would be scheduled in May. Mr. Petsos stated that in the essence of time he would like to see the City Attorney begin to work on Referendum language in preparation for the upcoming Election. Ms. Roberts pointed out that a voter referendum would only apply to registered voters and would not consider the views of non - resident property owners, many of whom have second homes in Cape Canaveral and would care about the height restriction issue. Mayor Pro Tem Hoog suggested a mail -out seeking a yes or no response to amend the building height limitation. Mr. Nicholas expressed that the City needed a broad response base before taking action. Mr. Ray Osborne of Holman Road made two suggestions: 1) to register interested parties on the City web site, and 2) to continue discussion on the architectural theme as well as building height limitations. Ms. Joyce Hamilton, of 110 Jefferson Avenue, stated that although she did not speak at the meeting, she conducted a petition related to the building height limitations. She stated that the public needs an education on the topic. Ms. Hamilton also stated that a mail -out would be more effective than a Referendum since there were more business and home owners than registered voters. She reminded of the minimal amount of available vacant land and the need to make beneficial use of available resources. Mr. Nicholas concluded that the City would take action, but prudently. City Council Council Member Roberts • Ms. Roberts requested a panel interview Board for the new Planning and Development Director. Brief Council discussion concluded that this would counter the City's Charter as the City Manager was responsible for hiring staff. • Ms. Roberts addressed peacock relocation as a safety issue. Mr. Boucher explained that residents were informed of transfer locations; however, the requestor would need to employ a trapper. • Ms. Roberts reported that Brevard County uses SAP for their Accounting purposes. She would return with additional information on this issue. • Ms. Roberts reported that elderly residents were having difficulty crossing the dunes in places where that sand was higher than 3 -feet. She requested that Public Works clear those high dune areas. Walter Bandish, Public Works City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 3 of 11 Director, reported that the Army Corps of Engineers would slope the sand. At this time, the City no longer has a contract with them, so any work would incur a fee. Ms. Roberts announced that Cape Canaveral would host the S ace Coast League of Cities dinner at the Radisson on Monday, April 21 She displayed the souvenir bags for the attendees and said that Council members could reimburse the costs. Council Member Nicholas • Mr. Nicholas requested to know the cost of a trapper. Council Members Petsos • Mr. Petsos commended the City Clerk's Office on a successful Board Appreciation Dinner. Mayor Pro Tom Hoog • No report. Mayor Randels • Mayor Randels questioned the value of maintaining a collective Calendar for City Council members. Ms. Roberts stated that a year -long calendar would benefit the Council with each Member being made aware of the activity of the other. Also, the City would be able to plan more effectively long term for events such as budget, visioning, and code review. Mayor Randels explained that the meetings Council Members attend were subject to change daily. Brief discussion concluded that the Meeting Calendar would be difficult to plan and maintain from an annual perspective. • Mayor Randels commended the Recreation Director on the Department's upcoming events. • Mayor Randels commended the Finance Office on the condensed monthly Budget books. • Mayor Randels reported that he met with Mr. DeLucia, building owner of 166 Center Street, related to the building's future use. • Mayor Randels announced that he became a member of the Space Coast Lighthouse Association and conveyed their intent to conduct upcoming tours of the Lighthouse. • Mayor Randels reported that he spoke to the St. John River Water Management Governing Board. He informed that St. John's planned to reduce the Reclaimed Water schedule to two days per week. Staff Public Works Director • No report. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 4 of 11 Recreation Director • No report. City Clerk • Ms. Stills thanked all who attended the Annual Board Member Appreciation Dinner. She placed for consideration of future events for the Council to use the Manatee Sanctuary Park pavilion. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne explained how he planned to emulate the Satellite Beach DVD and to interview a number of noted Cape Canaveral residents. He requested City Council's input toward his unsolicited proposal. Ms. Roberts questioned if the City were legally responsible to give advice to Mr. Osborne's unsolicited proposal or was the City legally obligated to draft a Request for Proposal. Mr. Boucher replied that the City would need to formalize its Proposal as Council had identified the desire to record the City's heritage. Mr. Osborne would be welcome to submit a Request for Proposal at that time. Mayor Randels explained the revised Council Meeting format and how the City Attorney would read the Ordinance titles and either the City Attorney or the sponsoring Department Head would explain the Ordinance or any amendments to an Ordinance. CONSENT AGENDA City Council Regular Meeting Minutes of April 1, 2008. 2. Outdoor Entertainment Permit for the March of Dimes: March for Babies. 3. Outdoor Entertainment Permit for an Outdoor Permit for the 2008 Earned Respect Tour, Promoted by Clinton Thomas. 4. Proclamation in Recognition of 2008 National Public Works Week. Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion. Mr. Nicholas requested to remove Item No. 3 for discussion. Mr. Roberts requested to remove Item No. 4 for discussion. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to approve Consent Agenda Item No. 1 and 2. The vote on the motion carried 5 -0 with voting City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 5 of 11 as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 3. Outdoor Entertainment Permit for an Outdoor Permit for the 2008 Earned Respect Tour, Promoted by Clinton Thomas. Mr. Lefever introduced Mr. Clinton Thomas to explain the Earned Respect Tour. Clinton Thomas, of 5760 Meridian Way, Orlando, Florida, explained how the Tour was a promotion to draw males back into the lives of the community's youth. The Tour would visit nine counties. He stated that the sporting event and awards was a promotion related to valuable family, health and legal information which was made available during the Tour. Mr. Thomas replied to Ms. Roberts' that there was a charge to participate in the Basketball Tournament; however, all other activities were at no cost. He informed that he would hire three deputies for the event. Mr. Thomas explained that people could register for the Basketball Tournament from a web site. He replied to Mr. Nicholas that he identified specific counties for the event. Mr. Thomas explained how he planned to use flyers, radio, and the Recreation Director's help through the Parks and Youth organizations for promotional coverage. Ms. Roberts raised the need to purchase an Electronic Message Board and not to rent the Board due to its expense. Mr. Bandish stated that the cost was $100 per day for rental with a $50 delivery charge. Mr. Boucher said that staff would look into the potential of the City purchasing an electronic message board. Mr. Petsos asked Mr. Thomas if he were working with the schools and law enforcement. Mr. Thomas replied that he contacted the local schools, law enforcement, and the Brevard County Health Department for the Tour. He assured Mr. Petsos that the event would be monitored for litter. Mr. Clinton informed that the fee was $150 for a child and one male parent. Since the event was countywide, Mr. Petsos requested that Mr. Lefever notify the Brevard County School Board. Mr. Lefever stated that he would handle the local contacts. Mr. Lefever stated that he had discussed the event with Mr. Thomas several months prior to the request and the Recreation Board had also discussed the event. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Consent Agenda Item No. 3 to Waive the Outdoor Entertainment Permit Fee and to Rent an Electronic Message Board for One Week. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 4. Proclamation in Recognition of 2008 National Public Works Week. Ms. Roberts asked if there would be an Open House at the Water Reclamation Plant to recognize the City's Public Works employees and their service during National Public Works Week. Mr. Bandish affirmed that Public Works would conduct an Open House between 12 Noon and 2 PM during the week of May 18th through May 24 including a tour of the Plant as well as refreshments and souvenirs for children. All are invited to City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 6 of 11 attend. Ms. Roberts also mentioned to acknowledge the Public Works employees during that week. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to approve Consent Agenda Item No. 1 and 2. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. ORDINANCES: Second Public Reading: 5. Motion to Adopt: Ordinance No. 05 -2008; Amending Chapter 22, Community Development of the City Code Related to Community Appearance Review; Amending Section 22-40 to Clarify Which Properties are Subject to Community Appearance Board Review Prior to Any Building Permit Being Issued, at Second Reading. Attorney Garganese read Ordinance No. 05 -2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 22, COMMUNITY DEVELOPMENT, OF THE CITY CODE RELATED TO COMMUNITY APEARANCE REVIEW TO CLARIFY WHICH DEVELOPMENT PROJECTS ARE SUBJECT TO COMMUNITY APPEARANCE BOARD REVIEW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE, SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels stated that all the amendments from the previous meeting were included in the revised Ordinance. Ms. Roberts referred to Page 2, Section 22-40, and questioned if City Council's role was under limited circumstances. Attorney Garganese clarified that the Council still had the right to review Appeals. Ms. Roberts questioned the location of Item B, under Approval Prerequisite for Permits as it was not in the text. Attorney Garganese explained that the asterisks at the end of the strike out portion of the document indicated, for purposes of Codification, where the existing language would continue; therefore, Item B was still included however after the stricken language. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 05 -2008 at Second Reading. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. ORDINANCES: First Public Reading 6. Motion to Approve: Ordinance No. 04 -2008; Amending Chapter 110, Zoning, Related to Courtesy Notices for Public Hearings; Providing that Courtesy Notices May be Sent by Regular Mail or Postcard, at First Reading. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 7 of 11 Attorney Garganese read Ordinance No. 04 -2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGARDING NOTICE OF PUBLIC HEARINGS; AMENDING CHAPTER 58, PLANNING TO REQUIRE NOTICE OF PUBLIC HEARINGS RELATED TO AMENDMENT OF THE CITY'S FUTURE LAND USE MAP; AMENDING CHPATER 110, ZONING, TO AMEND THE DEFINITION OF "COURTESY NOTICE;" AMENDING SECTION 110 -28 REGARDING THE TIMING AND MANNER IN WHICH THE CITY SHALL PROVIDE NOTICE OF PUBLIC HEARINGS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese stated that this Ordinance proposed additional Notice requirements. He stated that the Ordinance amends Chapter 58, Planning and would require that all Amendments to the Future Land Use Map be given Notice as follows: 1) Notice at least 30 calendar days prior to the Hearing, 2) posting the affected property, 3) posting at City Hall, 4) posting on the City's Official Web site, 5) notifying by Certified Mail all affected owners within 500 -feet of the subject property, and 6) notifying by Certified Mail the owners of the subject property. In addition, amendments to Chapter 110, Zoning, were proposed and there were currently Notice requirements regarding amendments to the Zoning Map, Variances, and Special Exceptions. This Ordinance would require that: 1) all Public Hearings provide Notice at least 30 calendar days prior to Re- zonings, Variances, and Special Exceptions, 2) posting the affected property, 3) posting at City Hall and, in addition 4) posting on the City's Official Web site. The Ordinance proposed to delete the Certified Mail requirement of all property owners and condominiums within 500 -feet of the subject property for Special Exceptions and Variances; however, Notices for Re- zonings would require mailing by Certified Mail with Return Receipt. Because of the 30-day Notice requirement, applications for Re- zonings, Variances, and Special Exceptions would require submittal at least 60 -days in advance of the Planning and Zoning Board meeting for staff review and Public Meeting notification. Mr. Petsos requested that the language clearly state that "the City" shall post the affected property. Attorney Garganese recommended the following language, "The City shall post Notice the Public Hearings in the following manner." Ms. Roberts expressed her concern with the extension of the whole process. Attorney Garganese explained how in order to accommodate the 30 -day window and allow for advertisement, the process required an extension. He explained further how multiple public meetings, one Planning and Zoning Meeting and two City Council meetings, required a 30 -day Notice. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 8 of 11 Mr. John Grandlich, of Ron Jon Cape Caribe, Inc., stated that their firm's meeting Notices were sent approximately 10 -days to two weeks prior to the meeting and he suggested a two -week time frame. He commended the City's web site and stated that the Board and City Council Agendas and Agenda Packets were posted to the City's web site and readily available for access to any needed Public Meeting information. Ms. Roberts again expressed the concern that the intent was to provide adequate Notice; not to extend the overall process. Discussion followed related to amending Section 110- 28 to 14 -days. Attorney Garganese reminded that the City's meetings were within a two - week cycle. He reminded that after the First Reading the Public Notice requirement was 10 -days before the Second Reading. Ms. Roberts questioned the Notice requirement prior to the first City Council Meeting and stated that feedback from the community warranted Notice prior to that meeting. Attorney Garganese explained that a Certified Mail Notice prior to the Planning and Zoning Meeting and the first City Council Meeting would be adequate. Attorney Garganese suggested reducing the amount of Certified Mail Notice time to at least 14 calendar days prior to the Planning and Zoning Board Meeting and the First Public Reading at City Council and to eliminate the Certified Mailing Notice before the Second Reading. An amendment to the Main Motion was made by Ms. Roberts and seconded by Mr. Nicholas: 1) to reduce the number of calendar days from thirty to fourteen, 2) to eliminate Certified Mailing Return Receipt prior to the second and final readings, and 3) to strike "to Provide notice" and insert "the City shall post notice" on the affected property, in Section 58 -1 and Section 110 -28, subparagraph (b). The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 04 -2008 at First Reading. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 7. Motion to Approve: Ordinance No. 06 -2008; Amending Chapter 2, Article VI of the City Code Related to Code Enforcement; Creating a New Division Entitled Public Nuisance Abatement." Attorney Garganese read Ordinance No. 06 -2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE CITY CODE RELATED TO CODE ENFORCEMENT; CREATING A NEW DIVISION ENTITLED "PUBLIC NUISANCE ABATEMENT "; ESTABLISHING A PURPOSE AND INTENT; ESTABLISHING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR THE BOARD'S MEMBERSHIP City of Cape Canaveral. Florida City Council Regular Meeting Agenda April 15, 2008 Page 9 of 11 AND MEETING REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING POWERS OF THE BOARD; ESTABLISHING THE NUISANCES SUBJECT TO ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT, NOTICE AND HEARING PROCEDURES; PROVIDING FOR PENALTIES, FINES, AND LIENS; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese stated how this Ordinance was relative to State law by definition and content and adoption would enable the Ordinance's use in the City code. The Ordinance would delegate the City's Nuisance Abatement Ordinance Enforcement to the City's Code Enforcement Board. He explained that the Brevard County Sheriffs Office would assume the duties of Nuisance Abatement Enforcement. Attorney Garganese explained how the Nuisance Abatement Coordinator would monitor specific activities that have occurred. If the established threshold of violations were met, then the violation would proceed to the Nuisance Abatement Enforcement Board and prosecuted similar to a Code Enforcement Board action. Attorney Garganese referred to changes on Page 5 of 10, Section 292 -76 subparagraph (a) and noted that it should read, " the City Manager." shall review all complaints and subparagraph (b) should read, if " the City Manager shall review all complaints received from the Nuisance Abatement Coordinator and if "the City Manager" deems the complaint sufficient. These insertions would replace the words, "City Attorney." Attorney Garganese referred to Page 6, subparagraph (e), recommending to add the sentence "the Board shall approve all Settlement Agreements by Written Order." A representative of the Cape Canaveral Sheriffs Precinct was present and acknowledged the Precinct's favor of the Ordinance as a valuable prosecution tool. Ms. Roberts asked if the Code Enforcement Board had reviewed the Ordinance. Mr. Boucher stated that Attorney Garganese would discuss the Ordinance with the Board at their meeting on Thursday, April 17 Attorney Garganese replied to Ms. Roberts' question related to the term Public Nuisance saying that the Council could choose another name other than "Nuisance Abatement." Mr. Lamar Russell, Planning and Zoning Board Vice Chairperson, recalled the Board's discussion that prosecution was relative to the number of calls and not based on the type of nuisance activity, such as whether it was criminal or not. He emphasized that this Ordinance would provide the Code Enforcement Board with a necessary tool. Attorney Garganese explained that the meetings for this Board would occur prior to the meetings of the Code Enforcement Board. Mayor Randeis stated that this would allow the City to effectively address criminal activity. Attorney Garganese stated that this Ordinance addressed prostitution, drugs, stolen property, and gang - related activity. Ms. Roberts referred to Page 2, and requested to add, "the quality of life" in the Section that addresses the Ordinances Purpose and Intent. Ms. Roberts referred to Page 3, related to meeting frequency and asked if the Ordinance were stipulating a meeting if there were no City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 10 of 11 business. Attorney Garganese clarified that the Chairperson could cancel the meeting if there was no business to discuss. Ms. Roberts also referred to Page 4, Section 2 -295, and if the language could be changed from "on more than two occasions within a six month period." Attorney Garganese stated that the Council did not have the prerogative to change that language. Ms. Roberts suggested a review of the Ordinance related to the timeframes, for notifying the property owner of violations. Ms. Roberts also suggested clarification of calendar days in Section (g), Page 7. Ms. Roberts then referred to Page 8 and the allowable fee of $15,000. Attorney Garganese stated that the fee was per incident, based on Statutes, and therefore, not subject to change. Ms. Roberts questioned the timeframe of a foreclosure action. Attorney Garganese explained how under the Code Enforcement statute the Lien was required to be recorded in Public Records within 90 -days and he added that the City could not foreclose on homestead property. Attorney Garganese explained how the Statute requires three days written Notice be given to the property owner; however, the City could extend the number of days and specifically state "calendar" days. Attorney Garganese recommended posting and mailing for Notice requirements. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve Ordinance No. 06 -2008 at First Reading with the City Attorney's recommended Amendments. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATION 8. Motion to Approve: A Cooperative Purchase of Sewer Lift Station Construction Services for the Rehabilitation of Lift Station #3. Mr. Petsos requested to use Impact Fee Funds for this repair relating on the new development in the northern part of the City. Mr. Boucher affirmed that Impact Fee Funds could be used for the upsize portion. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve a Cooperative Purchase of Sewer Lift Station Construction Services for the Rehabilitation of Lift Station #3, in an Amount Not to Exceed $38,278. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 9. Joint -Use Library Meeting Room Concepts. Mr. Boucher referred to the designs identified as A through D and stated how modular furnishings were part of the conceptual plan. He stated that the main intent was the City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 11 of 11 Library Meeting Room overall use for the Library, the City, and the general public. Some of the scenarios included a fixed or collapsible dais. Mr. Boucher stated how he needed Council's decision on a concept to proceed for discussion purposes. Council stated their Preference for Option A. Discussion continued on the Meeting Room use. Mr. Jim Brown asked if the City Council were aware of the Board's position to which Council members affirmed that they were. Ms. Jean Deck reminded that the public used the Library Meeting Room up to 50 percent on Tuesday evenings and this would diminish public access if the City intended to use the room on that night. Mr. Boucher informed that keeping the Library open for an additional evening was under consideration as well as using the Recreation Meeting Room. ADJOURNMENT: There being no further business, the meeting adiourned at 9:45 P.M. Rocky Randels, MAYOR Susan Stlills, CMI , CITY CLERK