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HomeMy WebLinkAboutMinutes 06-15-2004 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 15, 2004 7:00 PM MINUTES 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: City Manager Bennett Boucher City Attorney Anthony Garganese Recording Secretary Virginia Haas Building Official Todd Morley C of Public Works Director Ed Gardulski Finance Director Andrea Bowers Recreation Director Nancy Hanson City Planner Todd Peetz Fire Chief Dave Sargeant Commander George McGee PRESENTATION: Mayor Randels introduced Mr. Bob Hyres, Sr. Vice President of Waste Pro of Florida, Inc. Mr. Hyres stated that the company headquarters is located in Longwood, Florida and the Company currently has contracts in Florida, Georgia and South Carolina to include 16 municipalities. Waste Pro provides service to 115,000 residents in Florida. Mayor Pro Tem Hoog questioned if Waste Pro would render services to events like Trash Bash. Mr. Hyres affirmed. Mr. Boucher stated that Waste Management has the opportunity to submit a renewal proposal to Council on the next agenda and should Council reject, the City would then proceed to bid. • 9 City of Cape Canaveral, Florida 3 City Council Regular Meeting June 15, 2004 Page 2 of 8 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 1, 2004. Mayor Randels asked if any Council Member, staff or interested party desired to remove the item from the Consent Agenda for discussion. No request was made to remove the item for discussion. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 1. 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: 2. Motion to Approve: Letter of Intent for the Property Located at 7077 N. Atlantic Avenue. Mayor Randels explained the history leading up to the letter of intent. Mr. Treverton explained to the audience the exact location of the building. Attorney Garganese affirmed that he had reviewed the letter of intent signed by the property owner. Mr. Boucher explained that the property is removed from the market for a certain period of time (90 days) to allow the City due diligence. Attorney Garganese replied to Mr. Treverton that the City issues a counteroffer after due diligence is met. Mr. Boucher stated that the next step would be the appraisal of property. Mr. Morgan reminded that an environmental study should be conducted. Mr. Boucher confirmed that he would choose an appraiser from a state approved list. Mr. Morgan stated a possible 4 million dollar cost to rehabilitate the entire building. Mr. Treverton suggested rehabilitation to the bottom floor and maintaining the upper floor for future growth. Council tasked Mr. Boucher with obtaining an appraisal, an environmental study, a structural value report and executing the letter of intent. Mayor Pro Tem Hoog stated that the idea of a combined City Facility Building was a great concept; however, costs should be analyzed to insure affordability to the City. Mr. Buzz Petsos commended Council for moving forward. Mr. Petsos questioned the status of negotiations with the Port? Mayor Randels replied that Council decided to locate the new police facility inside the City and not lease land outside of Cape Canaveral. Mr. Petsos inquired of the offers on the Johnson Control Building as well as the IBM Building. Mr. Boucher replied that 13 letters of intent were sent to property owners to include the owners of IBM and Johnson Control and the City received only one letter of intent. Cv City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2004 C. 3 of 8 Mr. Leo Nicholas stated that 2.5 million dollars is a considerable amount and the City cannot justify the use of 44,000 square feet. Mr. Nicholas asked that in due diligence to plan the expected use of space and operation, including the maintenance of } building as well as a thorough review of how this effects the City's future budget. Mayor Randels responded to Mrs. Andrea Schaffner that only the Fire Department Administration would be relocated. Mr. Joe Vicidomini, Avon by the Sea, stated that the streets in Cape Canaveral need police protection and the facility should not be moved. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve the Letter of Intent for the Property Located at 7077 N. Atlantic Avenue. The City will perform due diligence through a property appraisal, environmental studies, utilization of space and structural value assessments. 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. 3. Motion to Approve: Acceptance of Beach Lawsuit Settlement. C Mayor Randels explained the history of the Beach Lawsuit. Mr. Jack Kirschenbaum, Law Firm of Gray - Robinson, explained that 15 years ago their firm took over this project, which included three appeals. The lawsuit achieved an 80 million dollar- beach re- nourishment fund, damages, and continuing re- nourishment programs. Mr. Kirschenbaum stated that they are now seeking approval of the settlement proposal to Cape Canaveral in the amount of $54,212. Mayor Randels emphasized the 50 -year re- nourishment program. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Acceptance of the Beach Lawsuit Settlement. 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: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 03 -2004; Amending Chapter 94, Signs, at second reading. Mayor Randels read Ordinance No. 03 -2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; REVISING THE PURPOSE AND SCOPE OF THE CHAPTER; MODIFYING City of Cape Canaveral, Florida City Council Regular Meeting June 15,2004 Cio Page 4 of 8 DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS; AMENDING THE SIGN APPIJCATION AND PERMIT PROCEDURES; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mr. Boucher explained that Building Official Todd Morley has requested a review of this ordinance due to information gained at a recent conference. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to table Ordinance 03 -2004. 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 Adopt Ordinance No 11 -2004; Providing Technical Amendments to Chapter 78, Utilities, at second reading. Mayor Randels read Ordinance No 11-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING TECHNICAL AMENDMENTS TO CHAPTER 7E OF THE CODE OF ORDINANCES, UTILITIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOIU11ONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Ordinance No. 11 -2004; Providing Technical Amendments to Chapter 78, Utilities, 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: 6. Motion to Approve: Ordinance Na 12 -2004; Amending Chapter 80, Vehicles for Hire, at first reading. Mayor Randels read Ordinance No 12 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMEIIMG CHAPTER 80 OF THE CODE OF ORDINANCES, VEHICLES FOR ME; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2004 Page 5 of 8 s3 There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Miller to Approve Ordinance No. 12 -2004; Amending Chapter 80, Vehicles for Hire, 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. DISCUSSION: fl 7. Proposed Annexation Report. Mr. Todd Peetz, City Planner, summarized the Avon by the Sea annexation report. Ms. Pat Bender, Avon by the Sea, explained that she has owned property in Cape Canaveral, Cocoa Beach, and Avon by the Sea. Ms. Bender expressed that fire and police protection are no better or worse in the County or the City. She stated that there may be less millage now however, once annexed into the City this could change with new budgets. Ms. Bender expressed that the roads are maintained in the area and added that she did not desire to be annexed. c Mayor Randels responded to Richard Worley of Cape Canaveral that Avon by the Sea would have to desire to be annexed and that Cape Canaveral registered voters may have the right to vote on the referendum. Mayor Randels responded to Lee Vicidomini that voluntary annexations are requested through a petition to the City. It was noted that Avon by the Sea Residences have Cocoa Beach addresses and the question arose if addresses would change due to the proposed annexation. Mr. Joe Vicidomini of Grant Avenue questioned beach access. He expressed that residents enjoy the fact that there is no beach access. Ms. Marilyn Rigerman, Cape Canaveral, requested that the City of Cape Canaveral residents vote on this issue as well as Avon by the Sea registered voters. Mike Kuzuka, Avon by the Sea, stated that this is an unwanted annexation. He inquired about changes in zoning and if this annexation would rule out future high -rise complexes? Mayor Randels replied that Cape Canaveral Code has height and density rules. Mr. Peetz explained that the code remains with the County and, therefore, applies until the City's comprehensive plan amendment has been adopted. Ms. Linda Gibson, Avon by the Sea, expressed that she would like to explore the possibility of annexation and have their voice heard by a vote. Mr. Boucher c o , responded to Ms. Gibson that a survey to the north and south of the Cocoa Beach { t City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2004 Page6of8 area is still being analyzed. Ms. Gibson requested information on the effects of zoning because citizens would like to vote intelligently. Mr. Keith Carter, Avon by the Sea, stated that he looks upon the annexation favorably and that the character of Avon by the Sea would fit well into Cape Canaveral. Mr. Carter requested that the City conduct public meetings with questions and answers while also being proactive towards providing the annexation information to the citizens. Mr. Bill Cronin, Avon by the Sea, questioned why property owners paying taxes aren't allowed to vote? Attomey Garganese responded that it is prohibited by State law and FS Chapter 171 calls for registered voters to vote in the referendum. Mr. Jim Durocher, Avon by the sea Association Treasurer, asked for the percentage of registered voters in the Avon by the Sea area. Mr. Peetz explained that he is still gathering information. Mr. Durocher questioned if both Cape Canaveral and Cocoa Beach could be on the ballot at same time? He reported that at a 2000 association meeting 100 homeowners voted: 2/3 for County, 1/3 for Cape Canaveral and 1 vote for Cocoa Beach. He further stated that five (5) law enforcement officers would not be justified. There was some discussion regarding hydrants and sewer service. Mr. c Durocher stated that he supports the annexation. He also requested that the City petition the County to provide improvements to help cover some of the initial costs. Mr. Durocher thanked Council for the fireworks ordinaice. Mr. Leo Nicholas pointed out that the City couldn't provide reuse lines if Cocoa Beach continues to provide sewer service. Mr. Nicholas continued that Avon by the Sea residents do not pay utilities tax and that the City will need to acquire the millage rate and notify the residents. Mr. Nicholas voiced support for the annexation, however, he is concerned about the cost to the City. Mr. Buzz Petsos stated his support for the annexation_ Mr_ Petsos voiced his concem regarding cost to the City and requested additional formation before considering. He questioned if the fireworks and adult entertainment establishments would be eliminated? Mr. Peetz responded that those establishments would not fall under the City's jurisdiction until the comprehensive plan amendment is adopted. Mr. Frank Laurent, Avon by the Sea, agreed there needs to be additional information gathered and town meetings held. Citizens requested and Council concurred that the annexation report be added to the City's Web Page. In addition, Mr. Boucher explained that town meetings will be conducted and a special newsletter on the Annexation would be distributed. Ce A City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2004 Page 7 of 8 Attorney Garganese explained that the code concerning non-conforming lots occurs in City Code Sections 110 -191 through 197. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to proceed with the annexation and allow Cape Canaveral and Avon by the Sea voters' participation in the referendum. 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. Mayor Pro Tem Hoog directed staff to arrange town meetings regarding the key issues, such as law enforcement and costs as well as land use and zoning issues. Attorney Garganese responded to Mr. Morgan that once annexed, the City takes responsibility for Avon by the Sea, as it becomes a part of the City. The only recourse the City has is to de- annex. REPORTS: 1. City Manager • Mr. Boucher related that he received a fax from the Portugal Sister City with their list of dignitaries and requests. Portugal dignitaries will be arriving July 11, Ar, 2004 2. Staff • Mr. Gardulski reported on the progress of reuse lines and the Yogi Project. A motion was made by Mr. Treverton to continue the meeting for 15 minutes. There was no second and no vote was called. • Deborah Barker questioned the City Councils' priorities regarding the Law Enforcement budget. Council concurred that they wanted the item placed on an agenda. Council will review items presented at a future budget workshop. • Chief Dave Sargeant inquired about the status of the emergency access ramp at Washington Ave. Mr. Boucher asked the status of the specifications for the communication tower. • Attorney Garganese will be submitting a new adult entertainment ordinance on the next City Council Agenda. Attorney Garganese reminded Council of the June 17, 2004 vested rights meeting. cs, City of Cape Canaveral, Florida City Council Regular Meeting June 15, 2004 Cor Page 8 of 8 3. City Council • Mayor Pro Tem Hoog reported the formation of a new countywide "Regional Concurrency Management Committee ". The League is asking for approval and participation. AUDIENCE TO BE HEARD: • Mr. Richard Worley, Ocean Woods, stated that he and Ocean Woods residents are paying a $3 surcharge for street sweeping that does not occur. Attorney Garganese will research the legality of this issue. There being no further business, Mayor Randels adjourned the meeting at 10:20 p.m. ,." `f C-8 754PAI. Rocky Randels, Mayor /-�.• Vi iai aas, Repordmfeoecretary {{ 4yy