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HomeMy WebLinkAboutMinutes 04-06-2004 Regular Cor CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 6, 2004 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: Council Member Steve Miller Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley } BOARD INTERVIEW: Randy Wasserman, Community Appearance Board. Mayor Randels called on Mr. Randy Wasserman to interview as an applicant for the Community Appearance Board. Attorney Garganese asked Mr. Wasserman if all the information on his application was true and correct. He affirmed. Mr. Wasserman replied that he was interested in the Board due to observation of the growth in the City. Although he does not have an architectural background he is interested in how the City develops. { Attorney Garganese inquired if he would have any problem addressing applications that involved his neighbors. He stated that he would not. Mr. Morgan stated that Mr. Wasserman would be an asset to the Board. Mr. Treverton C , asked if he would have any problem addressing applications that concern private s i City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Page 2of8 residences versus those for the commercial corridor. Mr. Wasserman replied that condominiums have similar regulatory requirements in what private residents are allowed to do with their properties and he stressed the importance of a harmonious appearance since he considered the City all one community. Mayor Pro Tem Hoog noted his impressive resume and expressed that he would be capable of interacting with the public. Mayor Randels stated that the City is fortunate to have willing volunteers participate on the Boards. Mayor Randels asked what Mr. Wasserman would like to see the City become in five years. He replied that he hoped that the City would develop its beach atmosphere without becoming too commercial. Mayor Randels replied that the City founders voted on height limitations as well as not to develop on the beach and that has been a benefit to the City's successors. Mr. Wasserman inquired about the two other members who would be appointed at the meeting and asked how this would affect his application. Mayor Randels encouraged Mr. Wasserman to become an alternate in that alternates are involved in the Board discussion. Mayor Randels concluded that a Resolution to appoint Mr. Wasserman would be on the next City Council meeting agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 16, 2004. 2. Proclamation for Arbor Day. 3. Resolution No. 2004-12; Appointing One Regular Member and One Altemate Member to the Community Appearance Board (L. Moore and C. Trautman). 4. Resolution No. 2004 -13; Appointing One Regular Member to the Construction Board of Adjustments and Appeals (D. Dunn). 5. Renewal of Turf Fertilization, Insect, Disease and Weed Control Service Contract. 6. Outdoor Entertainment Permit for Brevard County Traveling Skate Park. Mayor Randels asked if any Council Member, staff or interested party desired to remove an Item from the Consent Agenda for discussion. No request was made to remove any item for discussion. A motion was made by Mayor Por Tem Hoog and seconded by Mr. Treverton to Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Page3of8 CONSIDERATIONS: 7. Motion to Approve: Purchase of Five (5) LIFEPAK Defibrillators in the Amount of $8,975.00. Mayor Randels noted that training would be provided for staff and he replied to Mr. Treverton that instructions for operation were automated. Mr. Morgan asked how long the equipment has been in use and if there were any maintenance issues. Mr. Boucher replied that the Fire Department has been using the defibrillators for four or five years and he emphasized their necessity. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Purchase Five (5) LIFEPAK Defibrillators in the Amount of $8,975.00. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 8. Motion to Adopt: Ordinance No. 05 -2004; Amending Chapter 38, Article IV Entitled Fireworks; Providing for the Prohibition of the Private Use, or Display of Fireworks, at second reading. Mayor Randels read Ordinance No. 05-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 38, ARTICLE IV ENTITLED FIREWORKS; PROVIDING FOR THE PROHIBITION OF THE PRIVATE USE OR DISPLAY OF FIREWORKS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels read the Whereas causes from the Ordinance in their entirety for the record. Mayor Randels acknowledged Mr. Buzz Petsos and Mr. John Anderson and asked if they had any input toward discussion on this ordinance due to their concerns on the fireworks issue. Mr. Petsos replied that he planned to address the subsequent ordinance on penalties. Mr. Anderson did not have any input at this time. Mr. Treverton expressed the need for Legislative intervention at the State level. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 05 -2004 at second reading. The vote on the motion carried 4 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For Mayor Randels, For rr and Mr. Treverton, For. f � City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Page4of8 ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No 06 -2004; Adopting a New Division Entitled Code Enforcement Citations, at first reading. Mayor Randels read Ordinance No 06 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, THROUGH THE ADOPTION OF A NEW DIVISION ENTITLED CODE ENFORCEMENT CITATIONS; PROVIDING FOR A CIVIL CITATION PROGRAM; PROVIDING THAT CITY CODES MAY BE ENFORCED BY { CIVIL CITATION WHEN SPECIFICALLY PROVIDED FOR BY THE CITY CODE; CITATION FORM AND PROCEDURES; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CITATION CONTEST PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels clarified that this ordinance would only apply to the previously adopted ordinance pertaining to fireworks display. Mr. Boucher made note that the council might want to adjust the penalty costs. Attorney Garganese explained that Section 291 of the ordinance set a table to penalties. He stated that the classes are used to impose a penalty for violation. Under the proposed table, the previous ordinance is a Class III violation Cr incurring a penalty of $300. Attorney Garganese explained that a County Court judge could impose a penalty but not more than $500. Council discussed proposed penalties. Mr. Boucher stated that the person receiving the citation has one of two choices, to pay or to contest. Mr. Petsos expressed concern with the Code Enforcement Officer addressing these violations and he also agreed with Mr. Treverton in setting a penalty too high and preferred reasonable penalty. Mr. Petsos stated that he would prefer regulation through Law Enforcement and not the Code Enforcement Officer. Mr. Morgan also agreed with a lower penalty. Attorney Garganese explained that under the citation ordinance the definition of a Code Enforcement Officer was broad in scope and included law enforcement. Mr. Anderson stated that the problems normally occur during late hours, not during business hours. He related that the people who create the disturbance are not residents. Mr. Leo Nicholas asked if any provision was given for citations that are lost or discarded. Mayor Randels replied that failure to pay the citation or request a court hearing, under Section 2 -289 (b), results in a judgment up to the maximum of civil liability and court costs. Discussion continued on setting a penalty cost. I i Mr. Boucher informed that a Message Board would cost $100 per day for both ends of the City to announce that this ordinance is in effect. Mayor Randels recommended $200 for a first violation. Further Council discussion decided that the penalty cost could increase based on repeat violations. Attorney Garganese advised that law enforcement would have difficulty ascertaining if the violator were a repeat offender. He suggested that the Council determine a penalty cost using the system of classes. Attomey Garganese related that the law enforcement officer involved in the citation is often required to be present at the F � t � City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 C ie Page5of8 hearing as well as legal counsel which could become a costly matter if the matter is prolonged in the courts. He also informed that if the Florida Legislature does not repeal the administrative charges for code enforcement citations, a $200 filing fee is required. Mr. Anderson requested some forthcoming regulation during the summer because adults are engaging in the fireworks discharge. He stated that the City is addressing a violator that might not be easily intimidated. Mr. Morgan recommended using the City newsletter and other advertising prior to initial enforcement. Mayor Pro Tem Hoog expressed his favor with a penalty cost of $200. Mr. Boucher asked for a change of effective date in order to inform the public and prepare citations. Mayor Randels summarized the changes to the ordinance as 1) a Class 11 violation would carry a penalty of $200 and 2) Section 6, this ordinance will become effective 30 days after adoption by the City Council. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No 06 -2004 at first reading with the noted amendments. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For 10. Motion to Approve: Ordinance No 07 -2004; Amending Chapter 78, Utilities; Providing for the Mandatory Connection to the City's Sewer System Where C v Available, at first reading. Mayor Randels read Ordinance No. 07 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES; PROVIDING FOR THE MANDATORY CONNECTION TO THE CITY'S SEWER SYSTEM WHERE AVAILABLE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels noted the change in Section 78 -27 changing the resident connection time from 60 to 365 days of City sewer availability. Mr. Morgan expressed not to impose an impact fee as well as a connection fee on the existing residents. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 07 -2004 at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. 1 City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Co Page 6 of 8 REPORTS: 1. City Manager • Mr. Boucher referred to a request from Benko Construction, Inc. to use an area at Solana on the River to occupy the City's riverfront area as a staging area in exchange for landscaping. Mayor Randels expressed concem with relinquishing the right to the riverfront sunset area. Mayor Pro Tem Hoog expressed favor but requested to see a cost factor included prior to an agreement Mr. Todd Morley, Budding Official, informed that the site superintendent recognized that it would be more efficient and cost effective to use the proposed area as a construction staging area and expend the money reserved for landscaping. Landscaping is proposed at $5,000. Mr. Morley recommended a six -foot perimeter fence to protect the public from the construction materials and also to establish a setback around the materials as well. He suggested a Hold Harmless Agreement Mr. Morley informed that the developer anticipated an answer in the moming. Mayor Randels asked if the Council would approve for the City Manager and the City Attorney to enter negotiations for a Hold Harmless Agreement. Mr. Petsos asked if a time definite could be established. Council discussed and agreed that once the fence is removed, landscaping would be established. Mr. Boucher stated that the Diameter Breast Height [DBH] of the 170 inches applying the $50 fee for mitigation per the City code would establish an escrow amount of $8,500.00. Mr. Petsos reminded that the City is allowing the company to use its right -of -way. Council agreed for the City Manager and City Attorney to proceed and negotiate a Hold Harmless Agreement with Benko Construction for landscaping. Mr. Nicholas requested permission for the Beautification Board to review the proposed landscaping plan. • Mr. Boucher informed that he received a voluntary annexation request from an Avon-by- the-Sea resident. Attorney Garganese briefly explained the basics of a voluntary annexation process: formal application is submitted, ordinance is prepared, special advertising occurs, then the City proceeds with a Comprehensive Plan & Future Land Use designation and a rezoning process to apply a City zoning designation. These three processes could occur simultaneously. If done separately, the property maintains the County's zoning until a City Comprehensive Plan designation occurs. Mr. Boucher summarized that all costs and fees needed consideration first. Mayor Randels asked if this annexation would impact or change any further annexation. Attorney Garganese replied that the two-annexation request limit per year applies to large -scale annexations of ten acres or more. • Mr. Boucher informed that he received a call from the Department of Community Affairs regarding an application for an expansion of Coastal Fuels that would result in an additional 15 million gallons of fuel storage. Mr. Boucher said that Mr. Craig Smith expected to keep the expansion within the existing footprint of their facility. • Mr. Boucher reported on the Space Coast League of Cities dinner on Monday, April 12"'. He informed that the City planned to show an audio/visual presentation on the City's growth. • Mr. Boucher summarized his negotiations with Waste Management, Inc. to : o Freeze rates for five years and absorb the billing costs, ° o Implement the single family cart system, and o Lower the multi - family recycling rate by 25 percent. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Page7of8 • Mr. Boucher met with the School Board regarding Cape View Elementary School. Their risk manager located an area for a new park on the southwest side of the school grounds that could be established through an Inter -focal agreement Mr. Boucher will have the Recreation Department work with the Kiwanis Club to develop the concept Mr. Petsos asked if there was discussion on moving the fence to incorporate the ball field. Mr. Boucher replied that the risk manager did not favor such • Mr. Boucher reported on the proposed Sister City visit. Mr. Boucher forwarded a letter stating that only public officials would be allowed to participate. • Mr. Boucher displayed the computer design for the proposed model shuttle. This project ri will provide the first computer - generated shuttle model. 2. Staff Building Official • No report. City Clerk • Ms. Stills encouraged the Council, staff and Board members to plan to attend the City Board Appreciation Dinner on Saturday, April 17 beginning at 6:00 P.M. City Attorney • Attomey Garganese reported on a forthcoming fireworks facilities distance requirement ordinance. • Attomey Garganese also reported that Mr. Milliken signed the Stipulated Settlement Agreement. AUDIENCE TO BE HEARD: • Mr. Petsos requested a Resolution in support of proposed Cruise Ship pollution legislation. He asked that the Council present their support of the legislation at the Space Coast League of Cities dinner on April 12th. • Mr. Leo Nicholas requested a copy of the proposed beautification plan at the end of Center Street for the Beautification Board. • Mr. Nicholas asked how the Council is preparing for proposed annexation from the City's viewpoint. Attomey Garganese stated that voting by the Cape Canaveral electorate is at the Council's discretion however those in the community being annexed in are at liberty to vote. Mr. Boucher replied that staff is working on a level of service report. Mr. Nicholas stated that the electorate should have an expressed view in the proposed annexation. He inquired about the timeline for annexation. Mayor Randels responded that the Council would need to make a decision some time in July. Mr. Boucher replied that feasibility meetings would precede actual voting. • Ms. Joyce Perry reported that Freedom 7 is in dire need of a new location since the Holiday Plaza is scheduled for renovation and asked Council to keep this in mind in light of their considerations to vacate the present building. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Page 8 of 8 3. City Council Mr. Morgan • No report. Mr. Treverton • No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog asked for some resolve on the Fairvilla landscaping/ sidewalk issue. Mr. Boucher reported that discussion has ensued with the neighboring property. Fairvilla is not contesting the landscaping requirement and the City Attomey noted that this issue would get resolved. Mayor Randels • Mayor Randels inquired about the sidewalk on Washington Avenue. Mr. Boucher reported that progress in forthcoming. • Mayor Randels inquired about the North Atlantic Avenue traffic light installation. Mr. Boucher replied that the project is underway and Brevard County is performing the work. • Mayor Randels reported that a Kiwanis Club has started a K-Kids program at Cape View Elementary School. • Mayor Randels encouraged the Council to read the School Resource Officer quarterly report. • Mayor Randels requested Council's support at the Space Coast League of Cities dinner on Monday, April 12th. • Mayor Randels reported that Shower Head Exchange program is still underway. • Mayor Randels informed that there is a group promoting a double homestead exemption. • Mayor Randels reported on the success of the art show by the Central Brevard Art Exhibit. He noted that the City purchased a painting for the City Hall lobby and over $4,000 in paintings and prints were sold • Mayor Randels shared a new magazine, Port Canaveral's Port USA. • Mayor Randels distributed a tree - planting list from the Florida Urban Forestry Council. • Mayor Randels asked if the City Manager was given direction to proceed with plans for City Hall. Council concurred that the City Manager is still investigating options. ADJOURNM � r , 4 The ing no t r srness, the Chair adjourned the meeting at 9:33 P.M. „ _r! - °C..64Uv.r)e■oc._ s e ti Rocky Randel , MAYOR Susan K