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HomeMy WebLinkAboutMinutes 02-20-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUE DAY February 20, 2007 7:00 PM MINUTES CALL TO ORDER ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Recreation Director Fire Chief CONSENT AGENDA Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Nancy Hanson David Sargeant, CCVFD 1. City Council Regular Meeting Minutes of February 6, 2007. 2. Proclamation in Honor of Irish - American Heritage Month. 3. Resolution No. 2007 -05; Appointing an Alternate Member to the Planning and Zoning Board, Ronald Friedman. 4. Outdoor Entertainment Permit for the Space Coast Little League Opening Day Ceremonies. Mayor Randels announced that the Little League Opening Day Ceremony would begin at 10:00 A.M. :1 City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 2 of 11 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Accept Consent Agenda Items No. 1 through 4. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Mayor Randels acknowledged Ms. Tammy Roberts, the new Reporter for the Hometown News. He noted some of Ms. Roberts most recent articles in the paper. CONSIDERATIONS 5. Motion to Approve: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2006/ 2007, Quarter Ended 12/3112006. Ms. Bowers reported that there were few changes to the Annual Budget. She stated that the City was in good financial position. Ms. Roberts asked if Ms. Bowers foresaw any financial challenges. Ms. Bowers replied the Sewer Fund due to the Rate Study. Mayor Randels commended Ms. Bowers on her work tracking the City's accounts. Ms. Roberts questioned the possible impact of the property taxes on the City's budget. Ms. Bowers replied that she performed a very preliminary analysis considering the possible result of an additional $25,000 homestead exemption. She stated that the State did not historically collect property taxes and this could impact not only the cities, but its residents who need their services. Mayor Randels noted that the property taxes were a municipalities' primary revenue source. Ms. Bowers added that the County and the School Board also relied heavily on property tax revenue. Mayor Randels related that there were many rural, poorer counties in the northwest part of the State that could become bankrupt as a result of the proposed additional exemption due to their already low tax base. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2006/ 2007 Quarter Ended 12/31/2006. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 6. Motion to Approve: Proposal for Little League Field and Basketball Court Lighting. Nancy Hanson, Recreation Director, explained that the she obtained three quotes for the fixture and lamp installation that Council approved at a previous meeting. She reported that East Coast Power was the low bidder. Ms. Hanson stated that she City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 3 of 11 included lights and cross anus for the Basketball Court as well as the Little League Field. She informed that she contacted the Titusville Area, North Brevard Little League and found the company's work favorable. Mayor Randels informed that the $13,453 expense would come from Recreational Impact Fee account which was created through taxes on new development. Ms. Hanson replied to Mr. Petsos that the project could be completed without disturbing the new sod on the Little League Field. A resident asked if the lighting was energy efficient. Ms. Hanson replied that the lighting provided for up to 10,000 hours and concluded that the lighting was state -of- the -art. Mayor Randels invited all residents to the Opening Day Ceremony on March 10th. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Proposal for the Little League Field and Basketball Court Lighting. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 01 -2007, at Second Reading. Mayor Randels read Ordinance No. 01 -2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 110185 TO LIMIT THE STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER LOT OF RECORD; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; MAKING FOR CONFORMING AND MISCELLANEOUS RECORDS, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE AN EFFECTIVE DATE. Mayor Randels stated that the Ordinance was property advertised on January 29 for the first meeting on February 6th and advertised on February 1 S for this meeting on February 20 Mayor Randels noted that the City Attorney changed the wording after 1,000 gallons per" from "parcel of land" to "per lot of record." Attorney Garganese explained that based on discussion at the previous meeting, the standard was established to 1,000 total gallons of tank capacity and in order to clarify the definition of parcel it was termed lot of record. A lot of record would include a combination of contiguous lots of record that are either under single ownership, unified in title or used for common development purposes. Therefore, if an operation or site aggregated multiple parcels it would be considered one lot for purposes of this Section and they would be entitled to a tank not to exceed 1,000 gallons of capacity. Attorney Garganese replied to a resident's inquiry that the tank capacity referred to any lot of record. Chief Sargeant pointed out that the key language in the Ordinance was City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 4 of 11 "distribution." He stated that the amount of gas for use in a residential area as a utility stored such as that to heat food was regulated by the National Fire Protection Agency and is a State Statute. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Adopt Ordinance No. 01 -2007 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. The residents in the audience thanked the Council for hearing and responding to their concerns. Ms. Roberts complimented the community for taking an active role in the education that led to the decision making process. Mayor Randels acknowledged that the City Manager would address the concerns in Ms. Annie Tannebaum's letter. 8. Motion to Adopt: Ordinance No. 02 -2007, at Second Reading. Mayor Randels read Ordinance No. 02-2007 title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE 111 OF CHAPTER 70, TAXATION; TO CHANGE THE TERM "OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX" CONSISTENT WITH FLORIDA LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, ALCOHOLIC BEVERAGES, CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38, FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE CODE AN EFFECTIVE DATE. Mayor Randels stated that the Ordinance was properly advertised on February 10 He emphasized that the amended Ordinance would deter a false presumption by the consumer that an individual had licensing qualifications to do business in the City. Attorney Garganese referred to Page 15, Section 10 -128 and informed that he would proof the Ordinance a final time to amend the language to general neutral terminology. Mayor Randels pointed out that the City Attorney also added Paragraph C referring to the word "contractors." Mr. Boucher concluded that the change would affect all related sections. There was no public comment. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Adopt Ordinance No. 02 -2007 at Second Reading. The vote on the motion carried 5-0 with City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 5 of 11 voting as follows: Mayor Pro Tom Hoog, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ORDINANCE: First Public Hearing: 9. Motion to Approve: Ordinance No. 03 -2007; Amending Chapter 102, Providing for a Definition of "Diseased Tare," at First Reading. Mayorl.il Randels read Ordinance No. 03 -2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO LAND CLEARING; PROVIDING FOR A DEFINITION OF "DISEASED TREE'; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the City did not have definitive language for a diseased tree. Mr. Nicholas pointed out that the Ordinance did not provide language to specify diseases and perhaps there were too many to enumerate. Mayor Randels related that classifying a tree as diseased would become a subjective judgment of an arborist. Mr. Petsos requested to leave the burden on the property owner to prove that the tree was diseased and subject to expiration within a certain time. Mr. Nicholas asked if the language only applied to a specimen tree. Attorney Garganese responded that the Ordinance applied to all trees whether 6- inches diameter or a specimen tree. He clarified that this Section was in the Land Clearing ordinance. He explained that the applicant must demonstrate a legitimate reason for taking a tree and one of the reasons was a tree that is diseased. At times the Building Official could make an administrative decision; however, in the case of a specimen tree, only the Council would make the final determination. Ms. Roberts pointed out the language relating to structures or persons that reads, "for a period of more than three years that the tree causes other eminent peril to viable tree structures for persons in the vicinity of the diseased tree. She questioned if this pertained to existing and/or proposed structures. Attorney Garganese stated that the word "existing" could be added before the word "structures." Mr. Petsos asked for the Building Official's input. Todd Morley, Building Official, stated his favor in not specifying the diseases and the owner bearing the burden of proof, however, he asked how the City Attorney arrived at the three -year criteria. Attorney Garganese replied that three years became the standard based on other ordinances. Mr. Morley suggested hearing from an Arborist. Ms. Roberts agreed. Ms. Roberts stated that the three year criteria might have come up during the Land Clearing ordinance discussion. Discussion brought out that the years prior to expiration depended on the types of tree and City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 6 of 11 ailment. Mayor Randels concluded that the Council should hear from the City's Arborist prior to the Ordinance's adoption. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 03 -2007 at First Reading. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 10. Purchase of the Fire Department Property Located at 190 Jackson Avenue. Fire Chief Dave Sargeant related that the Volunteer Fire Cempan Department sought its legal counsel to reach a reasonable decision. He stated that the Volunteer Fire Gempan y Department owned the tam entire complex, land and building. He stated ghat In order to avoid the City owning the newly constructed Fire Station and the Volunteer Fire Department owning the new building's land, the Volunteer Fire Cempany's Departments attorney recommended selling the existing land and building to the Ci Department if the land was offeFed for: sale in the fiAuFe. Chief Sargeant informed that a property appraisal on the land was the first step. The Appraisal was to consist of two separate appraisals — one for the entire complex with land and the other of land value only. Attorney Garganese stated that Florida Statutes required two or more appraisals for any property over $500,000. Mayor Randels clarified that the voters gave the City the right to build or purchase. Chief Sargeant concluded that an appraisal would precede any design build projects. Council discussed if the lots to the west of the Fire Station near State Road Al A were available. Mr. Boucher stated that he would inquire with the property owner of their willingness to sell the property prior to obtaining an appraisal. He replied that the total number of lots might not provide optimal viability for the Fire Station. Chief Sargeant explained that his construction design accommodated the 10 paid personnel in order to allow the City to maintain its level of service. He stated that the prominent problem was bay space. Chief Sargeant explained that any available land was either too expensive or too small. Ms. Roberts questioned if the Council should be looking at other sites in parallel with looking at this site. Chief Sargeant stated the Volunteer Fire Department's intention to make the transaction as reasonable as possible and restated that the appraisal was still the first step. Discussion pointed out that moving closer to State Road A1A would require an interactive traffic light. Ms. Roberts raised the question if the tax payers expected the City to own the land. Mayor Randels affirmed that the land ownership was the most viable option. Chief Sargeant related that if the Volunteer Fire Department moved, it did not desire to move near a residential area. Ms. Roberts referred to the land north of AJT and Associates for the City facilities and asked if that included the Volunteer Fire Department. Chief Sargeant replied City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 7 of 11 that moving north of Central Blvd. was too close to the other Fire Station and affirmed for her that reason for two stations was coverage. Chief Sargeant restated that the Fire Department design would come after resolution to this issue. Mr. Petsos requested that the City Attorney seek another reasonable alternative. Attorney Garganese replied that he would discuss possible bond financing with the City Manager. REPORTS: 1. City Manager • Mr. Boucher announced a Joint Workshop Meeting with the Planning and Zoning Board on the Short Term Rentals at 5:00 P.M. on Thursday, February 22 nd • Mr. Boucher reported on his discussion with the State Licensing inspector. She replied that she had one pending application for a short term rental at 619 Monroe Avenue. She also indicated that that there were no areas within the unincorporated County or any other cities that allow single - family resort dwellings in residential districts. She said that they were predominately confined to commercial and tourist type district. As for enforcement, if the City did not allow them, they would be subject to a $1,000 fine and the owner could be subject to criminal prosecution if they continued to operate an unlicensed activity; therefore, enforcement was not an issue. Amortization would be a main point during Thursday's discussion. • Mr. Boucher announced a Joint Workshop Meeting with the Planning and Zoning Board on Amendments to the Sign Code on Monday, February 26"' at 5:30 P.M. Mr. Petsos informed that he had a previous commitment at that time. Mr. Boucher requested another Workshop Meeting with the Council on the Sewer rates. He suggested either Tuesday, February 27"' or Thursday, March 1 t . Council decided on Tuesday, February 27`" at 5:30 P.M. Ms. Roberts informed that she had discussion with the condominium communities who had expressed concern. Mr. Boucher informed that the Stotder, Stagg property was counter - offered at $1.65 million. Mr. Boucher also informed that the appraisal that he previously received was lower. Council members expressed concern with the price in light of the building's age and the cost to retrofit. Mr. Boucher replied that the office area was 6,400 square feet on approximately .75 acres. He informed that the needs assessment was between 13,000 and 15,000 square feet. Ms. Roberts questioned if this were a reasonable use for the Fire Department. Mr. Boucher replied that it was not large enough for the Volunteer Fire Department due to the lack of a turning radius; however, the building was considered for Law Enforcement. Council directed the City Manager reply to Stottler, Stagg that the counter -offer was not acceptable. Mr. Boucher thanked Ed Gardulski, Public Works Director, for writing a letter to the Florida Department of Transportation to acquire a pedestrian signal on Columbia Drive. Mr. Boucher replied to Mayor Randels that the School Board City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 8 of 11 owns the four traffic control lights and written permission was needed for their removal. 2. Staff Building Official No report. Recreation Director • Ms. Hanson informed that she anticipated delivery of the playground equipment for Cape View. City Treasurer • Ms. Bowers reminded the Council to prepare for the Sewer Rate Study Workshop with all possible questions in order to take action. Ms. Bowers informed that the five percent would not be feasible if the Council waited to take action in January. Ms. Roberts questioned if the public were duly noticed prior to the meeting expressing that the condominium community groups would not be aware. Mr. Boucher reminded that a Workshop meeting primarily included the Council, the consultant and staff before presenting concepts to the public and affirmed to Mr. Nicholas that all meetings were open to the public. Ms. Bowers reminded that the public would be noticed through their utility billing and prior to the adopting an Ordinance, public notice is required before the second public hearing. Ms. Roberts suggested inviting the condominium association managers. Mr. Boucher explained that Council needed to first understand the rate methodology process prior to presenting the information to the public. Ms. Roberts expressed her concern over a blind spot by not notifying the condominium community during the decision making process. Ms. Bowers replied to Mayor Randels that the 5 percent that was initially presented would not have the same end result if implemented at a later time. Ms. Roberts related that in speaking with some of the condominium association property managers there were concerns with the potential impact of the rate structure and concern over what might occur on February 27th. She recommended inviting a representative group of property owners, for example, B.P. Davis Inc., that own several properties. Mr. Boucher informed that after Council decides on the rate structure, then the public would be informed and able to provide input on the rate structure as it affects all the categories. Mayor Randels concluded that the structure chosen would need to be fair to all involved. Ms. Roberts expressed that there may be more of an impact than realized on a segment of the community; however, the Workshop would identify any concerns. Mr. Petsos asked if the Consultant could use his analysis program during the Workshop in order to find out how different rates affect each category. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 9 of 11 City Clerk • No report. City Attorney No report. AUDIENCE TO BE HEARD: Mr. Ray Osbome reported on the Alliance Monument Ceremony at Port Canaveral at 10:00 A.M. near the new Administration Building. He questioned if the Patriot's Day parade would occur ever again. Nancy Hanson, Recreation Director, stated that the Recreation Department had no plans to reinstitute the Patriot's Day parade. She agreed with Mayor Randels that the date conflicted with a City of Melbourne parade as well as practice for State competitions for the school marching bands. Mr. Nicholas informed that the Patriots Day parade was spearheaded by former Mayor Joy Salamone. He added that the Alliance Monument event was sponsored by the Sons and Daughters of the American Revolution. 3. City Council Council Member Roberts • Ms. Roberts inquired about the activities agenda during Community Day event on March Ir. Ms. Hanson replied that the Canaveral Antique Automobile Club would be on hand, the IGwanis Club would cook hot dogs as a fundraiser, there would be a live band, face painters, magicians and the City Planner would be available to gain input from the community on the Comprehensive Plan. The Fire Department aerial truck and the Police Department would also be on hand. • Ms. Roberts mentioned that the Council might need to identify the parcels of land available for purchase and to proceed with an acquisition strategy. Mayor Randels replied that the City did not have a General Purpose Ad Valorem Tax and therefore no designated funding source to purchase land. She expressed concern with other municipalities strategically acquiring land but not Cape Canaveral. Mayor Randels explained that purchasing land could be placed as a referendum on an upcoming election. Ms. Roberts informed that the need was expressed on the community survey. • Ms. Roberts asked about the date for the Visioning Session. Mr. Boucher replied end of March, early April. Ms. Roberts asked that a Master Calendar be developed to plan for the year. ` Ms. Roberts referred to the Arborist's report of 39 specimen trees. She suggested a bronze marker to identify those trees labeled specimen trees. Mayor Randels noted that the City might need home owner approval as some exist on private property. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 10 of 11 Council Member Nicholas No report Council Member Petsos • Mr. Petsos reported on the success of the Sea Oats Planting with 50 volunteers. He related the good comment that there was less room for planting new sea oats. He thanked Mayor Pro Tem Hoog for cooking hot dogs. • Mr. Petsos announced a mangrove planting around the Manatee Sanctuary Park, the Public Works Department and the Banana River Park on March 24"'. He asked if Jeff Ratliff could display the mangrove project as well as the Stormwater Project at the Community Day celebration on March 17"'. • Mr. Petsos inquired about the soccer field. Mr. Boucher reported that Nick's mowed the lawn and there was noticeable water, he would have someone inspect for an irrigation system leak. Ms. Hanson would gain feedback from some of the leagues regarding use. • Mr. Petsos inquired about the new Ron Jon's resort. Mr. Boucher responded that he forwarded the E -mail from the Florida Department of Community Affairs. • Mr. Petsos asked about repaving of the Presidential streets. Mr. Boucher related that the Public Works Director would place something on the March 6 Council agenda. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog asked if residents acquired the 64-gallon carts. Mr. Boucher replied that anyone seeking a cart should call his assistant Kim McIntire. Mayor Randels • Mayor Randels reported that Space Coast Area Transit rigs increased by 8.6 percent as a result the County funded $984,000 and also received a grant. Mayor Randels reported on 13 new bus routes that would operate up to 11:00 P.M. • Mayor Randels reported that the Brevard Cultural Alliance received a grant as one of 72 recipients throughout the United States called the Big Read project and he recognized the book of choice, "To Kill a Mockingbird." • Mayor Randels announced that the City received an E-mail from a journalist in the City Sister of Kloten questioning why the Sister City project had plateaued and he asked if there were an interest to revive the Sister City relationship. Mr. Petsos recommended involvement with the Elementary School. • Mayor Randels announced that Cokely - Williams a hotel management company purchased Royal Mansions who planned significant changes to include Marketing and Sale Directors. • Mayor Randels reported that the Nemours Hospital was getting closer to its site location. He noted 5,082 projected jobs planned during the construction phase and 2,000 jobs during the first 5 years of the hospital's operation and regional wages would increase by $50 million. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 11 of 11 Mayor Randels reported that he serves as Chairman of the Fair Housing Association which received a grant for $275,000 from Federal Housing and Urban Development. The group performs testing for housing discrimination. • Mayor Randels reported that the 920"' Reserve at Patrick Air Force Base was voted as the outstanding unit in the Air Force for 2006. • Mayor Randels reported that the Council discussed the International Property Maintenance Code in July. He asked the Council if there were any interest in further discussion. • Mayor Randels reported on the Affordable Housing Workshop that he and the City Manager attended and related how the City of Cocoa has re- urbanized some condominiums and the City assumed possession and gave them to the Habitat for the Humanity; then this private group builds affordable homes. Mayor Randels stated that Cape Canaveral's land prices were cost prohibitive; however, some developers and builders asked if the City would consider reducing or eliminating their impact fees in exchange for building a certain number of affordable houses along with their development. Mayor Randels cautioned that when the person sells the affordable house; however, they would profit greatly from the home value. ADJOURNMENT There being no further business, the meeting adjourned at 9:14 P.M. r Rocky Randels, MAYOR usap SfiHs, CRIC, CITY CLERK