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HomeMy WebLinkAboutMinutes 08-03-2004 Regular } CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 3, 2004 { 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: 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 C e City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 20, 2004. 2. Harbor Heights Easement Agreements. 3. Public Utility Easement Granted by Greene International Development Corporation. 4. Public Ingress /Egress and Utility Easement Granted by the Harbor Heights Residents Eppley and Lee. Mayor Randels asked if any Council Member, staff or interested party desired to remove any item from the Consent Agenda for discussion. Mr. Leo Nicholas requested to remove Item No. 4 for discussion. City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page 2 of 9 Mayor Randels stated for the record that the address on Lot 20 of the Harbor Heights Easement Agreements is 337 Coral Drive. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda items No. 1 through 3. A vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; fr Mayor Randels, For and Mr. Treverton, For CONSENT AGENDA ITEM FOR DISCUSSION 4. Public Ingress/Egress and Utility Easement Granted by the Harbor Heights Residents Eppley and Lee. Mayor Randels provided background on how the easement reached the Council's action and concluded that the City of Cocoa waterline traverses the property that requires an easement prior to vacation of the property. Mr. Nicholas asked if the 15 -foot easement for the City of Cocoa was in addition to the previously requested 20-foot easement. Mr. Boucher replied that the applicant had two requirements: 1) to provide a 20 -foot ingress/egress easement for emergency access to the Villages of Seaport and 2) to provide a 15 -foot utility easement to the City of Cocoa. Mr. Nicholas inquired about the vacation of the Ridgewood Avenue extension. Mayor Randels affirmed that the vacation had not occurred. Mayor Randels explained that a portion on the eastern side of the vacated property is the utility easement for the City of Cocoa. In actuality, two separate easements are being proposed. Mr. Nicholas pointed out that if the City retains ownership of the property, there is no need to acquire an easement. Mr. Nicholas contested granting the easement saying that the City's need for the easement provides a purpose for the City to retain the property. Mr. Treverton asked who is responsible for driveway stabilization and he also requested a timeframe for performance. Mayor Randels replied that the stabilization could be performed by any means that meets the City Fire code and the code states that there must be a 20 -foot wide, unobstructed access with a 13', 6' vertical clearance and must support the fire vehicle's load. Stabilization could be met through turf blocks or pavers. Mr. Boucher replied that during a prior meeting, the applicants represented that they would perform what the fire department required; however, the Council could approve the easements with conditions or when action is taken on the ordinance to vacate the property at the Second Hearing. Mayor Pro Tem Hoog referred to a letter that indicated the use of road paving or turf blocks. He recommended that the applicants coordinate the use of turf blocks with the Fire Department. He also pointed out that the parties named in the July 15 letter were not accurately written. The correct names are: Patrick and Rhonda Lee and David and Michelle Eppley. Attorney Garganese stated that the effective date of the ordinance could City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page3of9 be delayed pending confirmation that the applicants meet all of the conditions on the vacation of right -of -way. A motion was made by Mr. Morgan and seconded Mr. Treverton to Approve the Public Ingress/ Egress and Utility Easement Granted by the Harbor Height Residents Eppley and Lee. A 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: 5. Motion to Approve: Proposal to Design Stormwater Baffle Boxes for the Center Street, Holman Road and West Central Boulevard Outfall Areas. Mayor Randels stated that the total estimated cost of the Baffle Box Project is $439,003. Mr. Gardulski explained how the engineering would be done prior to construction. Mayor Randels clamed that the Baffle Box project is due for completion prior to stabilizing Center Street. Mr. Boucher replied to Mr. Morgan that the Public Works Director could have the project designed with a pollutant screen. Mayor Randels pointed out that the firm could reduce the cost by $3,000 since their staff is mobilized at the location. Mayor Randels read that the proposal is for the engineering survey, soil investigation, design and permitting in the amount of $51,830 with a $3,000 reduction for a final amount of $48,830. The Council Agreed by Consensus to Approve a Proposal to Design Stormwater Baffle Boxes for the Center Street, Holman Road and West Central Boulevard Outfall Areas to Stott ler, Stagg and Associates, Inc. in an Amount of $48, 830. The roll call carried 5-0 as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For, Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For ORDINANCES: Second Public Hearing: 6. Motion to Adopt Ordinance No. 14-2004; Annexation of the Avon -By- The -Sea Area, at second reading. Mayor Randels read Ordinance No 14 -2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AIA TO THE ATLANTIC OCEAN, AND } OTHERWISE KNOW AS WINSLOW BEACH OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH 1S MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page 4 of 9 Coy APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. g 9 Mayor Randels noted the ordinance effective date of October 1, 2005. Mr. Boucher reported on confirmed Public Education session dates on the Annexation of September 2, September 28 and October 7 at the Cape Canaveral Library at 7 P.M. Mr. Frances Kuhn of 102 East Central Blvd. asked who initiated the No Man's Land, Avon -by- the -Sea Annexation. Mayor Randels replied that the City Manager received a request. Mr. Kuhn's stated that Cape Canaveral is annexing an area that the City of Cocoa Beach does not find suitable. He expressed that the City of Cape Canaveral has an effective Adult Entertainment ordinance; however, the City is inviting an area that has existing Adult Entertainment. Mr. Kuhns noted six child abusers residing in the Avon -by- the -Sea area, saying that Cape Canaveral already has 11 perpetrators. Mr. Kuhns questioned how the City could enforce its Adult Entertainment ordinance when every Adult Entertainment case that has gone to the Supreme Court has won. He also pointed out that in annexing the Avon area, more police officers would be needed to include additional vehicles and equipment and this would result in higher property taxes. The Chair acknowledged Mr. Kuhns' concerns. Mayor Randels replied that an annexation request was brought to the City. Mr. Kuhns stated that he was not made aware of such annexation until he saw the legal advertisement in the newspaper and this meeting was actually the third Public Hearing, not the second. Mayor Randels clarified that the Council is putting the referendum question before the electorate to decide on the annexation. Mayor Pro Tem Hoog responded that Mr. Kuhns contacted him regarding the annexation and he had also threatened legal action against the Council because of it. Mr. Boucher informed Mr. Kuhns that he would send out the Annexation information meeting dates in a City newsletter. Mr. Richard Torpey, Attorney with an office at 202 Harbor City Blvd., Melbourne, Florida, represented the interest of a property owner in Avon-by-the-Sea. He stated that the City Planner submitted a report on July 6 that referred to a rule from Florida Statutes, Section 171.0143. Mr. Torpey pointed out the City Planner accurately referred to the Statute under the Section stating if more than 30 percent of the resident electors are property owners then the City can proceed with annexation using the process set before them. The City Planner calculated that the registered electors constituted 26.83 percent of the property, meaning that either 34 or 33.5 percent of the registered electors are property owners. Mr. Torpey stated that the City Planner is wrong. The actual number is 26.59 percent of the property owners who are registered electors in Avon -by- the -Sea. yi City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page 5 of 9 Mr. Torpey stated that he performed a public records request in order to retrace how the City planner came to his conclusion. Mr. Torpey stated that he performed the calculations twice, once following the City Planner and a second time based on his own research using Brevard County Property Appraiser and Supervisor of Elections data. Mr. Torpey stated that actual land is 83.7625 acres. Mr. Torpey replied to Mayor Randels that he did not include the streets. Mr. Torpey emphasized that Florida law states who could and could not be counted and they first must be registered electors. Mr. Torpey stated that the City Planner erred by including property from a trust or a life estate. Under the Florida Constitution, the trustee of those trusts is not a registered elector unless that right has been specifically conveyed in the trust or the life estate. The calculation amounts to 6.92 acres of land that should be subtracted from the 83.7625 percent that result in land that would count toward registered electors. What changes the calculations is the property owned in life estates or trusts. Mayor Randels said that the trust issue is a technical issue. Mr. Torpey replied that a trust is an entity in the State of Florida. He pointed out that 6.92 acres is within a trust estate. He stated that the calculations provided were in error. Mr. Torpey stated that after final calculations he found that 25.90 percent of the property owners are registered electors. Mr. Torpey read for the record a response from the City Clerk's office, in that the City did not conduct any surveys. Mr. Torpey stated that his firm conducted two surveys. Mr. Torpey recounted that during this meeting, a resident (113 brought out the question of the Adult Entertainment issue prior to Annexation expressing fear of a potential lawsuit_ Mr. Torpey expressed his client's concern regarding the Council taking action on an Adult Entertainment Ordinance in conjunction with an Annexation ordinance. He requested that the Council refrain from taking action on the ordinance. Mayor Randels replied that the information collected from the Supervisor of Elections was believed correct on the day it was provided. Mr. Torpey stated that he noted those corrections; however, when you subtract out the acreage owned in life estate or trust that reduces total amount of acreage owned. Attorney Garganese replied that given the information presented, the City Planner could review that information to ascertain if the 30 percent threshold has been met. He recommended that the Council postpone action on the ordinance with time certain, August 17 in order to provide the City Planner time to review the information. Mayor Pro Tem Hoog questioned if Mr. Torpey's client's parcel could be omitted from annexation. Discussion followed. Mayor Randels concluded that the Council would table the ordinance until time certain being August 17 at 7:00 P.M. M. Torpey requested to have the City Planner work with his planner on the review. Mr. Todd Peetz, City Planner, informed that the initial analysis was time intensive. He expressed that he would prefer to work in conjunction with Mr. Torpey's planner and he also expressed confidence in his analysis although he did not discount the existence of the trusts. Mr. Torpey submitted his findings for the record. C City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page6of9 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Table the Decision on the Second Reading of Ordinance No. 14-2004 until lime Certain at 7 P.M., August 17, 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. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2004 -25, Adopting a Tentative Proposed Millage Rate for the 2004/2005 Fiscal Year. A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2004/2005 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read the Resolution in its entirety. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.3740 mills on the dollar of taxable value for the 2004/2005 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.09% increase from the rolled back rate of 3.0101. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page 7 of 9 ti Cie taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.2060 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 5. The City of Cape Canaveral, Brevard County, pe nty, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.7500 mill for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 6. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 3r day of August, 2004. Mr. Boucher informed that even though there is a roll back rate on the Beautification Ad Valorem, the Budget Advertisement will reflect an increase of 12.09 percent. The new Avon -by- the -Sea proposed property tax rate is 18.003 mills; however, the City's tax rate results lower at 17.7380 mills that amounts to .26 cents less than the County tax rate. Mr. Boucher replied to Mr. Treverton that the Property Appraiser did not include growth in this year's tax rate. Mayor Randels explained that the Truth in Millage Act provides for the same amount of funding from one year to the next. The City Attorney explained further that new growth, such as what has occurred in Cape Canaveral, adds value to the total assessed property value and if the tax rate remains the same every year, a tax increase would occur every year. Mr. Nicholas questioned the amount of dollars per one mill. Mr. Boucher informed that the City's taxable property is $781 million that is a 24 percent increase. He stated that one mill is approximately $780,000. Mr. Boucher reminded the Council that the tax rate set could be lowered but not raised at a future date. 1 City of Cape Canaveral, Florida City Council Regular Meeting August 3, 2004 Page8of9 A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Resolution No. 2004 -25. 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. REPORTS: 1. City Manager • Mr. Boucher reported that the 1.4 million gallon reuse tank is operational. • Mr. Boucher reported that he anticipates two appraisals for the property at 7077 N. Atlantic Avenue. • Mr. Boucher reported that the St. John's River Water Management District would present a ceremonial check for ;75,000 for the reuse project. 2. Staff Commander McGee • Commander McGee acknowledged the award of the COPS Fast Grant was approved with a waiver on the Deputy's start date. • No other staff reports were submitted. AUDIENCE TO BE HEARD: The audience provided no comment. 3. City Council No reports submitted from Council Members or the Mayor Pro Tem. Mayor Randels • Mayor Randels reported that Cape Canaveral was recognized as a participating community in "A Community for a Lifetime," sponsored by Elder Affairs of Department of State." • Mayor Randels noted a photo in the Quality Cities magazine taken at the 2004 Legislation Action Day in Tallahassee that included the City Manager and Mayor Pro Tem Hoog. • Mayor Randels thanked the Streets Department for the information given to City residents on recent repair and replacement of city curbs. • Mayor Randels thanked the City Clerk for including wooden frames in the 2004/2005 Budget to endose the proclamations presented to dignitaries. j • Mayor Randels explained about a recent video and also an audio recording on behalf of the "America's Best" award presented to Brevard County's Space Coast Area Transit chosen by other Public Transport Action entities in the entire U.S.A. • Mayor Randels announced that he presented a Key to the City to Oceans Casino Cruises from Dania Beach who brought the Sun Cruz Casino gaming ship line and welcomed them as a source of employment for City residents. He also read a portion of their response letter thanking the City for its acknowledgement I City of Cape Canaveral, Florida ! City Council Regular Meeting August 3, 2004 , Ci Page 9 of 9 • Mayor Randels invited Council members to participate in a workshop in Tallahassee on August 12 on Florida's Growth Management Policy. • Mayor Randels asked if there were any interest in completing discussion on the City's sign ordinance. Mr. Todd Morley responded that he and the Code Enforcement Officer were reviewing the ordinance. q • Mayor Randels inquired about completion of the reuse project. Mr. Gardulski clarified that the project would commence during the upcoming budget cyde. • Mayor Randels referred to the COPS Fast Grant and thanked the City Manager for his i efforts in persuading the Department of Justice to provide funding for the Deputy. • Mayor Randels requested Council's support for addressing an on -going area of concem for the Sheriff's Department in the 400 Block of Tyler Avenue that had 43 incident calls from January through April of this year. The City Manager would consult with Commander McGee on this issue. Commander McGee thanked the Council members and City Manager for their participation in the Sheriffs Office, National Night Out 1 ADJOURNMENT: There_Ieing further business, the Chair adjourned the meeting at 9:07 P.M. DQ �«t ° A� Ali q rift , L e ., / Qom ? Rocky Randels, MAYOR ;". i <5:-.7Art ; ..,.,„ , '. J i '- j , , +� ` %it gOD iwE s j i s t 1 0 i € i 'r c