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HomeMy WebLinkAboutMinutes 08-15-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 15, 2006 7:00 PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoag Council Member Leo Nicholas Mayor Rocky Randels Council Members Absent: r Council Member Buzz Petsos Others Present: City Manager City Attorney Assistant city Clerk City Treasurer Building Official Public Works Director City Planner City Engineer PRESENTATIONS: Bennett Boucher Anthony Garganese Virginia Haas Andrea Bowers Todd Morley Ed Gardulski Todd Peetz John Pekar National Night out-- Sponsorship Recognitions, Brevard County Sheriffs office. Corporal Mitchell Boshnack outlined the background of National Night Out and honored several p articipants who went above and beyond in the event sponsorship at Cape View Elementary School on August 1, 2005. Corporal Boshnack acknowledged Sharon Horton, Principal of cape View Elementary. Awards for Canaveral Meats, Antonio's Pizza and Publix would be hand delivered. Caporal Boshnack thanked all who assisted City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2005 Page 2 of 10 in the event and for the city of Cape Canaveral's support. Mayor Randels thanked the Sheriffs Department for a successful event. Ridgewood Avenue Project Report, Brad Smith & Assoc. Mr. Brad Smith, Brad Smith and Associates, explained that public meetings were held to gather citizen input and plans were adjusted to accommodate citizen's requests at the public meetings which included light fixtures, paving textures, palm trees, intersection treatments and decorative paving. He continued that two additional items were added to include banner arms attached to light fixtures, and uniform appearance schemes for stop signs and speed limit signs. Mr. Smith stated that the concept and budget are set and the next phase would include incorporating the engineering survey to prepare for the final construction documents. Mr. Boucher replied to Mr. Bruns that Brevard County still owns Ridgewood Avenue; however, a forthcoming agreement is anticipated. Mr. Nicholas stated that he believes it to be a nice concept and asked if there would be an open concept presentation for the general public to allow for additional input from citizens. Mayor Randels replied to a citizen that the lights are turtle friendly in that they are flat, low hanging over streets with recessed bulbs. Mr. Smith replied to Shannon Roberts that Brad Smith and Associates is currently working with the City of Cocoa Beach to ensure visual continuity through the extension of Ridgewood. He noted that both Cities' timelines are similar; however, Cocoa Beach has additional stormwater treatments and wider roads. Mr. Boucher stated that the City could place the design on the city website for citizen review. Mayor Randels pointed out that there will be ten blocks of Ridgewood Ave. considered County Avon by the Sea area that would not receive treatments. A resident stated that Ridgewood Avenue appeared as part of Solana Shores in a search by MapQuest. Mr. Bruns replied that previously there had been a proposed right of way where Ridgewood Avenue extended through the Solana Shores area to the port. City Council agreed to continue Ridgewood Avenue streetscape to the next level of design. Mayor Randels requested storyboards to display in City Hall. Mr. Smith completed his presentation noting that he submitted the construction phase to the City Manager for review. BOARD INTERVIEW: Jack Childs, Board of Adjustment Mayor Randels called on Mr. Jack Childs to interview for the Board of Adjustment. Mr. Childs affirmed that all of the information in his application was true and correct to the best of his knowledge. Mr. Childs responded to Attorney Garganese that he would like to serve .r-- his community through membership on the Board of Adjustment. Attorney Garganese explained that this board dealt with land use and zoning issues. Mayor Randels stated City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2005 Page 3 of 10 that volunteers have critical positions on the City's boards and that the Board of Adjustment was Mr. Childs' first choice. Mayor Randels advised Mr. Childs that a resolution to appoint him to the Board of Adjustment would be placed on the next City Council agenda. CONSENT AGENDA: 'I. City Council Regular Meeting Minutes of July 18, 2005. 2. Resolution No. 2006 -26; Appointing a Regular Member to the Community Appearance Board (Kelley Sweet Jensen). 3. Resolution No. 2006 -27; Reappointing Regular Members to the Planning & Zoning Board (McNeely & Fredrickson). 4. Resolution No. 2006 -28; Appointing Regular Members to the Business & Cultural Development Board (Peterson & Spiesman). 5. School Resource officer Agreement with the City of Cocoa Beach. 6. outdoor Entertainment Permit for Cocoa Beach Area Chamber of Commerce Wednesday- Friendsday Event Being Hosted by Fairvilla Megastore. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. No item was removed for discussion. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Bruns to Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For, and Mayor Randels, For, CONSIDERATIONS: 7. Motion to Approve: Award Bid No. 06 -05, Public Works Maintenance Building and Site Improvements to Butler Construction Co., in the Amount of $507,777. Mr. Gardulski explained that this building has been discussed for over three years. He summarized that this was a large metal building with roll up doors that can withstand storms. Brown and Caldwell Engineers reviewed the submitted proposals and the bid was published in both local newspapers. Twelve firms acquired the bid packages. A pre -bid meeting was held and three firms submitted proposals that included Mark Cook Builders, �- Inc., Canaveral Construction Company and Butler Construction Company. City Engineers City of cape Canaveral, Florida City Council Regular Meeting August 15, 2005 Page 4of10 submitted that the low bidder, Butler Construction Company, could provide the construction of the requested building for the storage of outdoor equipment. A motion was made by Mr. Bruns and seconded by Mr. Nicholas to Award Bid No. 05 -05 Public Works Maintenance Building and Site Improvements to Butler Construction Co., in the Amount of $507,777. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For and Mayor Randels, For. 8. Motion to Approve: Ranking of Firms for RFQ 08 -04, City Hall/Police Department Needs Assessment and Design. Mr. Boucher summarized that the ranking committee reviewed six submittals with a scoring sheet. He continued that staff feels comfortable negotiating with the number one firm. Mayor Randels explained to the public that this RFQ is a needs assessment for city Hall/Police Department and explained the criteria for the ratings and reference checks. Architect Design Group in Fort Myers, Florida ranked the highest by the review team. If approved, staff would then begin negotiations with the top ranked firm. Mayor Randels noted that prices are not discussed within this RFQ because the city is seeking the most qualified firm. Mayor Pro Tem Hoog stated that all six firms were highly recommended, and with excellent referrals. He commended the review team for their ranking. Mr. Nicholas agreed that staff applied valuable time to the review and he respects their judgment. Mr. Bruns agreed and feels the request received quality responses with a clear winner picked through a point system. City council overall approved that the proposals were excellent and staff could begin negotiations. Mayor Randels stated that this was the first phase of the project and the next phase would be the design. Mr. Boucher explained the contract as "stop and go" where the city could continue the process or stop if funding was not available. Ms. Roberts asked if the needs assessment would include a public meeting for the citizen's input. Mayor Randels noted that the city would not be opposed to public meetings however the city is only in phase one of planning for future needs. Mr. Boucher responded to Ms. Roberts that several meetings with departments and staff will occur that will include review of square footage and usage in each department. Kevin Ratigan, Architects Design Group, introduced John Allen, Civil Engineer, and stated that he was pleased with the selection committee's results. He will study the city carefully and see what the city has and what the city needs which will include many variable options. Mr. Ratigan ensured a participatory approach in which their company would learn from community and staff input. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve the Ranking of Firms for RFQ 05 -04, City Hall/Police Department Needs Assessment and Design. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 5 of 10 ORDINANCES: First Public Hearin 9. Motion to Approve: ordinance No. 11 -2006; Amending the List of Special Exceptions (Aka Conditional Uses) in the C -1 Zoning District Related to Residential Uses; Specifically Amending Section 110 - 334(0 )(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Adjacent to and has Frontage Along the Al A Highway Corridor; Providing Clarifying Amendments, at first reading. Mayor Randels clarified that this ordinance concerns all commercial property located along the SRA1 A corridor and adjacent to and fronting SRA1 A which does not include North Atlantic Avenue. Mayor Randels explained the history of the ordinance as it was recommended by joint workshops between the Business & Cultural Development Board, Planning & Zoning Board and City Council. The issue has been in review since November 2005. Mayor Randels stated that this review arose because historically the city has always permitted residential use in commercial zoning which is presently causing problems between the businesses and residents. At the July 26, 2000 workshop meeting there was consensus among the boards to initiate the resident's desires in response to the community survey. Ordinance 11 -2006 removes special exceptions for residential use in commercial Zoning. Mayor Pro Tem Hoog stated that the ordinance would end much dissent between the commercial businesses and residents. Mayor Randels read Ordinance No. 11 --2000 by title: An Ordinance of the City Council of the City of Cape Canaveral, Florida Amending the List of Special Exceptions (Aka Conditional Uses) in the C -1 Zoning District Related to Residential Uses; Specifically Amending Section 110- 334(C )(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Adjacent to and has Frontage Along the AlA Highway Corridor; Providing Clarifying Amendments; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Providing for Incorporation into the Code; and Providing for an Effective Date. Ruth Montgomery, resident Hidden Harbor Condo, inquired about businesses that include residences above. Mayor Randels responded that current city code does not include mixed use developments. She replied that this may be a disservice to businesses. Mayor Randels clarified that citizens may conduct home businesses, however, mixed use is not allowed. Mayor Pro Tem Hoog noted that this particular ordinance would eliminate residential homes being built on AIA. Mayor Pro Tem Hoog replied that the city may discuss a mixed use concept in the future. Mayor Randels responded to Mr. Ray Osbourne that the ordinance would affect property south to the city limits, which is the west side of Al A before Publix. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 6 of 10 A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve ordinance No. 11 -2006 at first reading. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For. 10. Motion to Approve; ordinance No. 12 -2006; Providing for a Referendum Election and Ballot Language for the November T, 2006 General Election to Amend Article XIV Fire Department, Section 4 Fire Protection Services of the City's charter by Deleting the charter Provision that Prohibits Building or Acquiring a Fire Station and Adding a charter Provision that Requires a Duly Noticed Public Hearing Before the city council Formally commits to Building or Acquiring a Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7, 2006 General Election Ballot; Providing for coordination with the Supervisor of Elections, at first reading. Mayor Randels explained that should this ballot question appear on the November 2000 ballot, the city must schedule a second reading prior to September 1, 2000 because the Supervisor of Elections must have time to prepare the ballots. Mayor Randels summarized that the current charter provides that the city is prohibited from building or acquiring their own fire station. At present, the Jackson Avenue fire department building is inadequate. Mayor Randels continued that should the fire department be unable to acquire funding for their building, they have asked the city to modify the charter to add an option of the city funding a fire department building. Mayor Randels read Ordinance No. 12 -2006 by title. Providing for a Referendum Election and Ballot Language for the November 7, 2000 General Election to Amend Article XIV Fire Department, Section 4 Fire Protection Services of the City's Charter by Deleting the Charter Provision that Prohibits Building or Acquiring a Fire Station and Adding a Charter Provision that Requires a Duly Noticed Public Hearing Before the City Council Formally Commits to Building or Acquiring a Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7, 2006 General Election Ballot; Providing for Coordination with the Supervisor of Elections. Mayor Pro Tem Hoog commended Chief Sargeant for approaching the council with this idea. Mayor Randels explained that the fire department provides a needed service and the city provides the equipment. chief Sargeant alerted the council to add this to the referendum so the residents could own the facility. Mr. Boucher responded to Mr. Tom Garboski that the Volunteer Fire Department currently owns the land and facility. The city could potentially build onto the facility at the present location and a clause could be added to the agreement pertaining to the purchase of the land and current building. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2666 Page 7 of 16 Ms. Shannon Roberts inquired if the facility would be located at Jackson Avenue or another location. Mayor Randels responded that the city, at this time, has no right to act on anything due to the clauses in the charter. Ms. Roberts asked about an all in one services complex as part of the campus idea. Mayor Pro Tem Hoog stated that if the referendum occurs and the city provides a fire station, should the fire department then dissolve, the city could purchase the Jackson Avenue property at appraised value. Ms. Roberts asked about a joint use facility with the Port Authority rather than asking the electorate. Mayor Randels replied that if the city built at the Port on leased land, the city would not maintain ownership. Mr. Osbourne asked if there was anything protecting the historical monument markers on the Jackson Avenue building? City Council assured Mr. Osbourne that these monuments would be preserved. Attorney Oarganese responded to Ms. Bea McNeely that the charter changes become effective immediately following the approval of the electorate. A motion was made by Mr. Bruns and seconded by Mr. Nicholas to Approve Ordinance No. 12 -2006, at first reading. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. DISCUSSION: 11. Land Development Fees. Mr. Todd Morley, Building official, explained that the City of Rockledge conducted a survey of 13 cities regarding land development fees. The study indicated that the city has the lowest fees in 10 of the 13 categories. Mr. Morley recommended that City Council consider raising these fees to the highest end of each category based upon his analysis report. He reviewed an example of a single request for a special exception costing $1,400 and noted that the city currently charges only $250. Mr. Morley also included examples of a small -scale comprehensive plan amendment, variances, re- zoning requests, and site plan reviews. Mr. Morley encouraged council to establish fees for easement vacations and vacations of right of ways. He completed four example analyses to show the amount of money the City is losing. Mayor Pro Tem Hoag agreed that the City's fees were low. Mr. Bruns requested the Building Official submit a proposed flat fee for each application based on the research and analysis. Mr. Morley expressed that the fee change will ultimately save taxpayer money. Mayor Pro Tem Hoog voiced uncertainty about implementing the high end costs and suggested a midpoint cost range. He noted that some of the figures appeared high. Mr. Morley responded to Mayor Pro Tem Hoog that the city creates some savings due to being small and efficient. Mr. Morley continued that the city will continue losing money City of Cape Canaveral, Florida City Council Regular Meeting August 18, 2006 Page 8 of 10 even charging the rates at the high end. Council agreed to have staff propose a revised fee schedule and submit to City Council for review. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve an Add on Item to Schedule a Special Meeting. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to conduct a Special Meeting on August 29, 2006 at 5:30 p.m. to consider first reading of Ordinance 12 -2006. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher reported that Save Brevard has initiated the review of ballot questions which severely impact municipalities. The League of Cities voted to retain outside counsel to represent all the cities in the county. Mr. Boucher stated that a meeting is set for Wednesday, August 23, 2006 at 1 PM and requested a city representative. City Council recommended Mayor Pro Tem Hoog to represent the city. This will be a joint meeting with all city and county commission to discuss the two ballot questions. Mr. Boucher continued that Commissioner Colon submitted two amended ballot questions to the panel and the cities are questioning whether they have the authority. Each city has been asked to allocate $5,000 towards the legal defense fund. Mr. Boucher further stated that charter counties are affecting legislature through ballot questions and attempting to seize local services from the cities. Mr. Boucher reported that the attorney stated this as a statewide issue and often the counties undermine local self municipal government. Attorney Garganese submitted that uniform levels of service for everyone is not a good idea. He further stated that each city has different levels of service and he questions the wisdom of setting uniform levels of service standards for everything county -wide. A motion was made by Mr. Bruns and seconded by Mr. Nicholas for an add -on item to consider allocating monies to the Space Coast League of Cities for a legal defense fund. The motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to pledge $5,000 to the Space Coast League of Cities for legal counsel in representation of the cities home rule. The motion carried 4 -0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2005 Page 9 of 10 follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For and Mayor Randels, For. ■ Mr. Boucher reported that the Planning & Zoning board will discuss special exceptions in M -1 zoning at their August 23rd meeting. Mr. Boucher asked if City Council had any guidance for the board members. Mayor Randels replied that the moratorium was requested in order for the Planning & Zoning Board to have time to study and evaluate the situation. Mr. Boucher stated that the Board requests why this moratorium is on their agenda. Mayor Randels replied that the citizens approached City Council and asked for help. once the issue was off the board's agenda, the moratorium action was taken. Mr. Harry Pearson, Planning & Zoning Board, questioned that the issue was really about a tank farm not "liquefied petroleum ". He continued that the board has not even reviewed the request at a formal meeting, but the proposal submitted talks of liquefied petroleum not a tank farm. Mr. Pearson stated that City Council should not ask for a moratorium on something that isn't even discussed. Mr. Donald Dunn, Planning & Zoning Board, stated that the resident had asked that the special exception be rescinded which is not a moratorium. • Mr. Boucher reported that the health insurance bids came in and Health First and United Health Care show there will be a savings. • Mr. Boucher passed out order forms for "Bury FPL lines ", a program from south Florida to set up a legal fund to entice Florida Power and Light to bury their power lines. • Mr. Boucher reported the passing of Mr. Petsos' Father and he would let Council know the arrangements. 2. staff ■ Mr. Morley reported on the new construction transportation impact fees effective October 14, 2006 for single family homes. Mr. Boucher noted that this was another county imposed charter rule. AUDIENCE TO BE HEARD: Resident Ray Osbourne requested placement on the next agenda regarding mixed used development explaining it as an advantage for property owners. Mayor Randels stated that this item would advance to the Planning & Zoning Board first. A citizen asked if there was a fire ordinance regarding Coastal Fuels. Mr. Boucher responded that fire department staff would be available at the meeting for questions. Resident Shannon Roberts asked the status of Ron Jon's and the Department of Community Affairs. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 10 of 10 3. City Council • Mr. Nicholas inquired about Waste Management and requested the smaller containers for particular properties. • Mayor Pro Tern Hoog reported on the Florida League of Cities Conference. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:40 P.M. Rocky Randels, MAYOR �A.� Virgirajjl aas ASSISTANT CITY CLERK o O, _ C