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HomeMy WebLinkAboutMinutes 05-04-2004 Regular Cre CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 4, 2004 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: fi City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Assistant Public Works Director Walter Bandish PRESENTATION: Mayor Randels presented a Proclamation to Dr. Jose Martin as liaison of the Sister City, Vila Do Bispo, Sagres. Dr. Martin in tum presented a gold medallion from Vila Do Bispo. Dr. Martin expressed it an honor to make the visit and he informed that he would retum in July with a group of 30 visitors from his City in an effort to continue the established bond. He expressed his gratitude for the help of Mr. Carlos Caldas who is from his native country. Mr. Carlos Caldas informed that he is a native of Portugal and is now an American citizen. He explained that his company that is out of Dayton, Ohio and works with NASA. He offered his services and that of his local company on Merritt Island to assist with Dr. Martin's visit in July. Mr. Caldas stated that both Mr. Kennedy, Executive Director of the Kennedy Space Center and Mr. John Glenn would be available during the July visit. C r 1 I City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 C.' Page 2 of 10 BOARD INTERVIEW: Andrea Schaffner, Beautification Board Mayor Randels called on Ms. Andrea Schaffner for her Board interview. Mr. Nicholas informed that Ms. Schaffner participated on the Butterfly Garden project. She replied to the City Attorney that all information on her application was correct to the best of her knowledge. She replied to the City Attorney that her willingness to work and her interest in the City prompted her to apply to the Board. Ms. Schaffner replied to Mr. Treverton that she would be interested in serving on the Community Appearance Board if a vacancy became available. Council members concurred that she would be an asset to the Board. Mayor Randels stated that a Resolution to appoint Ms. Schaffner would be placed on the next City Council meeting agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 20, 2004. 2. Proclamation for Civility Month. 3. Letter of Support to Brevard County for the Byrne Grant Program. Mayor Randels asked if any Council Member, staff or interested party desired to remove any item from the Consent Agenda for discussion. { No request was made to remove an item for discussion. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 4. Motion to Approve: Award Reuse Water Line Bid No. 04-02. t $ Mayor Randels provided the background history on the Reuse project in that the City Council apportioned funds from Sewer Impact Fees each year to continue the Reuse Project. He stated that the project would continue on Adams, Monroe, Tyler and Lincoln Avenue. Mr. Bandish stated that references on Wiring Technologies, Inc. were found favorable and the Public Works Director recommended the bid award. Mr. Bandish requested to include the block of Jefferson Avenue to the project for an additional amount of $18,000. Mr. Boucher recommended that Council award the bid and retum at a later Ci time for a formal change order to add Jefferson Avenue. Mr. Larry Morgan of Wiring City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 3 of 10 Technologies replied to Mayor Pro Tem Hoog that he worked with Carl Hankins on previous projects and the Hankins crew would perform this project. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Award the Reuse Water Line Bid No. 04-02 to Wiring Technologies in an Amount of $239,886. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Request for State and Federal Transportation Project Funding. Mayor Randels reviewed the City's previous list of State and Federal Transportation Project Funding for projects along State Road Al A as: 1) to Reconfigure Alignment of the Intersection of State Road Al A at International Drive and North Atlantic Avenue, 2) Construct a Pedestrian Overpass at State Road AlA and Columbia Drive, 3) to Install a Traffic Signal with Pedestrian Features at State Road Al A and Columbia Drive, 4) to Install Overhead Boom/Mast Arm Signals at Four (4) Locations on State Road Al A, 5) implement a Street Lighting Plan on State Road Al A, 6) Synchronize Traffic Lights on State Road Al A and 7) Design and Construct an Urban Roadway Profile on State Road Al A. Mayor Randels informed that Items No. 1 and 7 were successfully added to the Florida Department of Transportation's list as Item No. 9, however funding expired before implementation occurred. Mayor Pro Tem Hoog expressed that International Drive is still a priority. He also said that the Columbia Drive Intersection as a safety concern is also still a priority. The City Manager would forward Council's requested priority order list. Council agreed by consensus to Approve the Request for State and Federal { Transportation Project Funding. 6. Motion to Approve: Contract Administration and Inspection Services for the Reclaimed Water Line Extension Project. Mayor Randels asked if the proposal includes the as-built drawings. Mr. Pekar stated that the drawings evolve to become the drawings of record that are included in the proposal. A motion was made by Mr. Miller and seconded by Mr. Morgan to Approve the Contract Administration and Inspection Services for the Reclaimed Water Line Extension Project to Stottler, Stagg and Associates, Inc. in an Amount of $9,500.00. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 4 of 10 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 08 -2004; Amending Code Section 110 -352, Providing for Distance Requirements for Fireworks Sales Facilities, at second reading. Mayor Randel read Ordinance No 08 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING DISTANCE REQUIREMENTS FOR FIREWORK SALES FACILITIES WITHIN THE LIGHT INDUSTRIAL (M -1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels pointed out the radius boundary lines of 1,000 feet between potential established properties. Mayor Randels read the Whereas Clauses within the ordinance. Mayor Randels stated that fireworks sale is a legal establishment and the City is therefore providing a designated space for these facilities within an industrial area. Council members discussed possible residential building in the adjacent C -1/ C-2 zoning. Attorney Garganese replied that if residential use were approved in the C -1/ C-2 zoning, 80 percent (Cir of the proposed available M-1 zoning would be lost. Attorney Garganese replied to Mayor Randels that the City could inadvertently, if City maps are not regularly monitored, preclude a particular use. Attomey Garganese stated for the record that the State Legislature did not pass any legislation regarding fireworks. Mr. Leo Nicholas questioned the Port's policy regarding discharge of fireworks in the Port area since the proposed zoning is adjacent to the Port. Mayor Randels recommended forwarding the results of Council's actions to the Port Commission. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No. 08 -2004 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 09 -2004; Implementing the Use of Civil Citations for Unlicensed Contractors and Failure to Obtain a Building Permit, at first reading. Mayor Randels read Ordinance No. 09 -2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV RELATING TO UNLICENSED �r CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING PERMIT; AUTHORIZING City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 5of10 AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENSED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read the Whereas Clauses within the ordinance. Mayor Randels pointed out how this ordinance would benefit the City's homeowners. He also pointed out how twenty percent of the Code Enforcement Officer's time is used to address contracting. Therefore, the Building Official requested to establish a procedure for regulation. Mr. Boucher added that this would also assist Ms. Alexander in her information gathering in order to pursue a potential violator. Mr. Morgan replied to Mr. Treverton that owner/ builder exemptions exist under Florida Statutes 489. Mayor Pro Tem Hoog expressed the difficulty of enforcement of unlicensed activity. Discussion concluded that the ordinance would not target homeowners who perform their own repairs. Attorney Garganese explained that this law is a civil penalty and also a criminal felony offense for someone who is operating as though they were licensed to perform construction work. He stated that this is an enabling ordinance for the City to issue a citation and for law enforcement to follow up as a criminal offense. Attorney Garganese informed that this ordinance also allowed for regulation to deter predator contractors during emergency management circumstances such as in post hurricane restoration and he stated that the citations act as a stop work order. Mr. David Lackstrom, President of the Villages of Seaport Board of Directors, inquired on the result of a homeowner acquiring a permit but contracting out the work. Mr. Miller replied that if an owner/builder permits and then hires labor, their subcontractors performing the work must carry the same qualifications as if a General Contractor had hired them. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Ordinance No. 09 -2004 at first reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Ordinance No. 10 -2004; Vacating a Portion of Harbor Drive Right of Way, at first reading. Mayor Randels read Ordinance No. 10 -2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT- OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS RECORDED IN PLAT BOOK 15, PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 (e Page 6 of 10 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. Applicants David Eppley and Rhonda Lee made a request for the City to vacate a portion of a right-of-way at the end of Harbor Drive. Mr. Morgan asked if the easement ran down the center of the 80-foot right-of-way? Mayor Randels affirmed. Attorney Tony Hernandez spoke on behalf of the Eppley's of 395 Harbor Drive, Lot 100. He stated that the Lees reside at 400 Harbor Drive to the east on Lot 19. Mr. Hernandez pointed out that property owners on both sides are aware that emergency situations would necessitate access. Mr. Hemandez pointed to an unfinished sidewalk and proceeded to outline the benefits for the City as 1) beautification of the area, 2) continued maintenance that is currently performed by the Eppleys and the Lees, 3) the issue of liability due to an existing wall that constitutes an attractive nuisance, such liability would fall on the property owners through homeowner po(icies, 4) private ownership would result in enforceable trespass laws and 5) the property would revert to the tax rolls. Mr. Hemandez referred to a memorandum dated March 13, 1991 from City Manager, Ed Spenik that informed that resident did not desire on street parking in the area He submitted to the Council that the Eppleys and the Lees are committed to enhancing the aesthetic qualities of the property. Mr. Boucher informed that there is a 20-inch water main on the property. Mr. Bandish concurred. The easement includes all utilities. Mr. Morgan expressed that he was in favor of the .vacation and asked if the 20-foot piece of property would have an established surface. Mr. Hernandez related from Chief Sargeant that the surface did not have to be paved however landscaping aesthetics would follow. He replied to Mr. Morgan that he would comply with any State regulations regarding the 20-foot piece of property. Mayor Pro Tem Hoog asked if the chain link gate would remain. Mr. Hemandez replied that any installed gate would be approved by the Fire Department. Mr. Lackstrom informed that there is an electrical connection on the proposed property. Mr. Hernandez replied that Beach Mapping concurred that there is electrical wiring for automated gate purposes. Mayor Randels stated that the proposed Ridgewood Avenue extension did not occur and no property would be built between the two neighbors. Mr. Treverton expressed his favor and asked why the Eppleys could not build subject to setback. Mr. Hernandez replied that either the Lees or the Eppleys would have to abide by City zoning requirements. Mr. Nicholas expressed that he did not find the property without value and questioned the possibility of beach access parking even though the residents might disagree. He stated that he did not see the benefit of relinquishing the property to the applicants since no valuation would occur if the property reverted to the tax rolls. The Eppleys addressed the Council and stated that they have been coming to the City for over 27 years. Mr. Eppley stated that he did not anticipate occurrences with vagrants or unattractive litter and their mission is to maintain the areas beauty. Mayor Randels stated that potential future use or existing easements are criteria for vacating public land. Mayor Pro Tem Hoog reminded that beach end parking was a previous problem for the residents of Harbor Heights. He also reminded that in emergency circumstances finding vehicle owners parked in the City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 7of10 access presented a problem. He expressed favor with turning the property over to the applicants. Mr. Morgan expressed that the land would serve for no other application than to tum it over to the applicants. Mayor Randels described the stipulations of the ordinance regarding the easement. Attorney Garganese asked if the easement would come in the form of a separate easement document to accommodate the City of Cocoa as the third party of the public utility water easement. Attorney Hemandez agreed that he would draft the required document. Attorney Garganese said that the City Manager would provide notice to all possible utilities between the First and Second Reading and this information is needed before the Second reading. Attorney Garganese asked Attorney Hernandez if he had completed a Notices and Encumbrances report. Attorney Hemandez replied that he had not. Mr. Boucher stated that an emergency access gate was part of a Development Agreement. Mr. Boucher informed the Council that due to the noticing requirements and utility letters on this ordinance, a second reading would delay until the first City Council meeting in June. Mr. Nicholas requested a stipulation to stabilize the 20 -foot easement in order to accommodate fire truck equipment. Mayor Randels referred to the Planning and Zoning Board Minutes of November 12 and read that one of the stipulations calls for stabilization. Mayor Randels directed Attorney Hemandez to acquire documentation from the Fire Department regarding stabilization requirements. Mr. Boucher reminded that the Planning and Zoning Board would perform a second review. Mayor Randels concluded that the City Council would follow the Planning and Zoning Board's recommendations. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 10 -2004 to Vacate the Harbor Drive Right -of -Way at first reading to include the Stipulations on the Easement. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 10. Motion to Adopt: Resolution No. 2004 -17; Adopting a Citation Form. Mayor Randels read Resolution No. 2004-17 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH ORDINANCE NO. 06 -2004; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council reviewed the draft document and agreed with its format as submitted. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 8of10 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004 -17. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 11. A1A Sidewalk Project Update. Mayor Randels related that this project is for a sidewalk on the east side of State Road Al A for 1,524 linear feet from Central Blvd. on SR Al A continuing north to Port Canaveral at an estimated cost from the City Engineers of $38,581. The photos in the Agenda Packet outlined some of the obstructions. Mr. Morgan expressed that the project would become a major expense. Mr. Boucher stated that there is a drainage canal encroachment issue that needs to be addressed. He stated that due to development, there would be an opportunity for a sidewalk on the west side. He anticipates action from the Florida Department of Transportation [DOT] to address the drainage issue. Mr. Morgan expressed and Mr. Treverton concurred to allow DOT to take corrective action first. Discussion followed on the necessity of the project. Mayor Randels summarized that the Council did not desire to proceed with the project at this time. REPORTS: 1. City Manager • Mr. Boucher distributed a draft of the City newsletter and encouraged Council's input • Mr. Boucher announced the Joint Meeting with the City of Cocoa Beach on Wednesday, May 5 to discuss Relocation of the Freedom 7 Center. Mr. Boucher related the feedback he gained of relocating the Senior Center at the Cocoa Beach Country Club with Cape Canaveral sharing the expense. • Mr. Boucher reported that he and the Mayor attended the Citizens Academy at the Cape Canaveral Library. Dr. Martin of Vila do Bispo was impressed with the democratic process. • Mr. Boucher reported that the Sheriff's Department was seeking funding from the Brevard County Commission for a School Resource Officer at the Elementary Schools. He has not acquired reporting from the Commander regarding needs assessment. • Mr. Boucher announced that Representative Bob Allen planned to attend the City Council meeting on May 18"' for a Legislative Session update. 2. Staff Assistant Public Works Director • No report. City Clerk • Ms. Stills announced that the Cape View Third Grade visit would happen on Thursday, May 6"' beginning at 9:30 A.M. i 1 City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 i c Page 9of10 City Attorney • Attomey Garganese reported that the Council would hear a report on the Sand- in -the- Shoes issue at the next City Council meeting. He stated that he would represent City Council and Attomey Bill Reischmann would represent the City Manager and staff. Attomey Garganese recapped for the Council that the Planting and Zoning Board approved a site plan and the developer proceeded with building plans. However, when the Building Official I reviewed the final plan, development occurred outside of the setback that is on the vested site plan. The question for interpretation is what was actually vested at the time of I site plan approval. Attomey Garganese explained to the Council that he could only represent one faction of the City since he could not both advise and recommend between Council and to staff especially if one party has an opposing view. • Attomey Garganese reported on the comprehensive rewrite of the Adult Entertainment ordinance. He encouraged the Council to read the materials that he left with the City Y Manager. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to hold a i Special City Council Meeting at 5:00 P.M. on May 18"' to hear the Quasi - Judicial Matter on Sand -in -the -Shoes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. I AUDIENCE TO BE HEARD: I c • Mr. Leo Nicholas thanked the Mayor and the Public Works Department for their participation in the Arbor Day celebration. • He also thanked the Public Works Department for the participation on the Butterfly Garden project. h 1 3. City Council Mr. Miller § No report. i Mr. Morgan • No report. Mr. Treverton • No report. Mayor Pro Tem Hoog 9 • Mayor Pro Tem Hoog related that he found his trip to Tallahassee for Legislative Days beneficial. • Mayor Pro Tem Hoog also encouraged new elected officials to attend the Elected Municipal Officials Conference. • Mayor Pro Tem Hoog reported on the Brevard County Charter Review committee and Home Rule issue would adversely affect municipalities. An amendment on annexation is still forthcoming. i City of Cape Canaveral, Florida City Council Regular Meeting r May 4, 2004 Page 10 of 10 • Mayor Pro Tem Hoog announced a Kiwanis Club would meet in the City Hall Annex on May 5 at 7 A.M. regarding playground equipment at the Cape View Elementary School. Mayor Randels i • Mayor Randels reported on Arbor Day activities and noted three oak trees planted. I • Mayor Randels reported on participating in the 41 Space Congress at the Radisson. • Mayor Randels reported on the Grand Opening of the new Ron Jon Cape Caribe l Resort. • Mayor Randels announced that he has participated in tree planting at local area schools through the Urban Forestry Council. • Mayor Randels reported on the success of the City's first Citizens' Academy that occurred at the Cape Canaveral Library. • Mayor Randels related a thank you from the Oswalds of 394 Harbor Drive for the palm tree planted near the beach. • Mayor Randels noted the Joint Meeting with the Cocoa Beach Commission on May 5th. , • Mayor Randels reported on Sex Offender monitoring in Lee County and asked when our next check was due to occur. There are 11 sex offenders located in the City. 1 • Mayor Randels reported on the fireworks article published in Florida Today. i • Mayor Randels reported on ;12.6 million in the State budget for local projects. The Medicare program consumes 25 percent of the entire State budget. Ce • Mayor Randels announced that new books are available in the City Hall and Annex information racks entitled "The Official Hurricane Guide." A9 Nte i i. eta . = _ Rocky Randels, MAYOR ' - tills Clerk f F i. 4 i i f t Y n . Ce i 5 4. I f 4