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HomeMy WebLinkAboutMinutes 02-04-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 4, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Robert Hoog Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Todd Morley, Acting Building Official Dave Sergeant, Fire Chief, CCVFD Mayor Pro Tem Petsos requested a moment of silence in acknowledgement of the seven astronauts lost in the Columbia mission. PRESENTATIONS: Kim McIntire and Suzanne Sparling Recognition of the 2002 Reindeer Run 5K Proceeds to the Brevard County United Way Ms.Kim McIntire, Race Director, recognized the Business and Cultural Development Board members present at the meeting, Bill Young, Gayla Schaefer and Paul Hurley. She continued with recognition of the Reindeer Run race sponsors for their participation. The law offices of Tony Hernandez, 111 provided Corporate Sponsorship for the second year with a donation of $2,500. Porter World Trade in a new level of sponsorship of 3 -star Community Event Partner donated all the awards and provided discounted T- shirts for the event. Mary Meibers accepted recognition for their participation. Ms. McIntire then recognized the major sponsors. Paul Malluchio of Blue Note who provides all promotional materials for the event. City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 2 (p Julie Song from Clear Channel Outdoor, accepted recognition for their in -kind billboard advertising. Rex Thompson from Coastal Fuels accepted as a major sponsor for a $1,000 cash donation. Mindy Levy from Lite Rock 93.3 accepted for their in -kind event promotion and race day participation. Jim Morris from Tech Vest, Inc. accepted as a major sponsor for a $1,000 cash donation. Ms. McIntire related that Pam Warren of Universal Orlando another major sponsor donated an exclusive VIP tour for four guests to Universal Studios and Islands of Adventure valued at $3,500 as the Grand door prize. Jim Tuggle from Waste Management accepted as another major sponsor for a $1,000 cash donation. l Ms. McIntire reported 226 registrants this year and she presented a check to Rob Rains, President of the Brevard County United Way and Suzanne Sperling in the amount $8,239.97. Mr. Rains presented a recognition to Ms. McIntire for her efforts. He stated that the campaign raised $4.9 million overall this year and the awarded check represents the first funds for the new campaign. Mayor Randels presented recognitions to Ms. McIntire and t Ms. Sperling on behalf of the City. t t Pam Warren, of Universal Studios, arrived at this time and accepted recognition and related t that the VIP tour allowed the winning guests to create their own tour. t BOARD INTERVIEW Harry Pearson, Library Board 1 Attorney Garganese asked Mr. Pearson why he felt that he was qualified to serve on the r iot Board. Mr. Pearson related that libraries were his salvation when living in other countries. Attorney Garganese asked what he thought he could add to the Board. Mr. Pearson stated he would bring his enthusiasm for books and libraries in general. He stated that he lived in , Cape Canaveral for twelve years and helped the library with their book sales. Mayor Randels related that Mr. Pearson was the first person at the book sales and the last to leave x and he thanked him for his effort at this worthwhile event. Mayor Pro Tem Petsos expressed I. his appreciation. Mr. Morgan reiterated Mayor Pro Tem's response. Mr. Treverton asked Mr. Pearson for this thought on the primary purpose of the public library. Mr. Pearson responded that education is one of the primary functions especially using electronic assistance however the written word prevails. Mayor Randels stated that a resolution to appoint Mr. Pearson to the Board would be placed on the next City Council regular I meeting agenda_ Mr. Pearson commented that in some places libraries systems are in jeopardy however in Brevard County libraries abound. Mayor Randels thanked him for his interest. I ' I Mayor Randels asked the Council members if they desired to hear from a predominate group in the audience that wanted to speak but were not on the Agenda. He noted that this is usually done at the conclusion of a Council meeting but due to the number in the interested party he asked if they could be heard first. 1 t Mr. Treverton expressed that the Council needed to conduct the City's business within a certain time and asked if a time limit could be placed on those who desired to address the 1 (10, Council. tt f 1 i 1 I t City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 3 Ms. Helen Filkins stated that she has lived in the City of Cape Canaveral for 33 years in Harbor Heights. She stated that she had spoken to the City Manager and inquired about who had given direction for the peacock elimination. Ms. Filkins spoke on behalf of the peacocks and stated that people had contacted her and expressed their favor with the peacock's presence. Ms. Filkins related that Mr. Eberwein had told her that the peacocks have been here since the 1850's. She stated that they were here before the residents. Ms. Filkins expressed her disfavor with a comment from Mr. Boucher that the peacocks are a public safety issue. She related that the peacocks seem to deter speeding in Harbor Heights and speeding is a public safety issue. She also related that in California, for example in Arcadia, laws are passed to protect the peacocks. Ms. Filkins related that someone is privately removing the birds. Ms. Filkins related that a law should be passed in Cape Canaveral that would protect the peacocks. Mayor Randels related that in response to Ms. Filkin's telephone call, homes were found for many peacocks. Some were also taken to the Humane Society for assistance in finding homes. Mayor Randels related that to the Council's understanding homes were found for some of the peacocks and he directed the City Manager to cease any further trapping once the City became aware that homes were not being found. Ms. Filkins related that peacocks are assets to the City and closed by saying that in California the cities advertise to promote free- roaming peacocks. She also related that Cape Canaveral was commended for its free - roaming peacocks. She asked that the City consider protecting them. Mayor Randels gave Ms. Filkins information from the University of Florida Extension Service regarding Florida's Bird Sanctuary Program. Mr. Morgan related that the Council was not in favor of the birds being killed and that was most unfortunate. { Mr. Leo Nicholas expressed an opposing view in that the Eberwein family kept the peacocks as a domestic animal within the boundaries of their property. Once the Eberwein family moved the peacocks migrated from their land. He expressed that the animals defecate on his and the property of others. Mr. Nicholas stated that although he did not desire to see the peacocks killed, he would like a measure of control such as is done with wild cats. Mayor Randels distributed photos provided by the City Manager. Mr. Boucher replied to the audience that the photos were taken of the peacocks in April prior to the trapping. Mayor Randels stated that the City has taken action and ceased trapping. Ms. Lisa Visconti addressed the Council and related that peacocks have one certain area to defecate in the woods however development hinders this. She read a quote from St. Francis of Assisi and expressed that it a duty to protect the lives of these animals. She related that an inside source from the Humane Society told her that the birds were euthanized excluding a few. She said that Public Works staff was directed by the City Manager to trap the birds and this City employee said that shooting them was acceptable. Ms. Visconti requested a protection for the peacocks. She stated that euthanization is not an environmentally sound procedure. She said that the Humane Society would keep a list of Co. City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 4 C v names and telephone numbers for people who would like to adopt the birds. Mayor Randels stated that the City has acquired names of those who like to adopt peacocks. Mayor Randels summarized that the consensus of the group is that no more peacocks would be euthanized. Ms. Evelin Reid, of 220 Coral Drive and resident of Harbor Heights for 30 years, asked if the City would work together with the residents to provide a solution. Mayor Randels asked if her group would assume some responsibility on population reduction. Mayor Randels related that some unknown person is arbitrarily picking up the peacocks. Mr. Boucher related he contacted the Florida Fish and Wildlife Commission to ascertain if this person was breaking a law and their response was no and the Commission could only regulate if the birds were treated in an inhumane or cruel manner. Mayor Pro Tem Petsos said that if residents would obtain the individual's license plate, it would help with apprehending the individual. Mr. Treverton also said that trespassing might be a manner of capture, if the person is using a trap. Ms. Reid restated that the City work with the residents on this issue. Mr. Frank Kizis who has lived in the Harbor Heights area for about 40 years addressed the Council. Mr. Kizis related that he did not get satisfactory answers from the City regarding this issue. He stated if any animals are taken to the Humane Society, they are put to sleep if a home is not found. He related that other organizations to which he belongs such a P. E.T.A, People for the Ethical Treatment of Animals, the International Fund for Animal Welfare, Fund for Animal Welfare and the Defenders of Wildlife have contacted him and they would like to take further action. Mr. Klzis stated that a small segment of the community could take care of the peacocks as well as limit the population. Mr. Klzis ended by saying that as humans we do not have more rights, but more responsibilities. Ms. Judy Lau, of 211 Coral Drive, said up to this point no City policy was considered. She stated that a policy would provide an underlying framework for the committee to act responsibly and with authority. Ms. Lau recommended specific guidelines on the peacocks other than as a general public safety issue. Mr. Hans Saurenmann, of 349 Coral Drive, expressed that the trust is gone for City govemment. He stated that every day, nearly every hour two employees from Public Works drive throughout his neighborhood for peacocks. He was aware that some 200 peacocks 9 9 P Pe were removed. Mr. Saurenmann stated that he lives amicably with the roaming peacocks. He said that a few residents do not make a difference and the issue appears to be a conspiracy. Mr. Saurenmann stated that the Council might not have been fully aware of the situation and said that the City Manager is to blame. Mr. Saurenmann stated that he spends $400 a month feeding the peacocks and he also stated that no one has the right to trespass on property to trap and remove the birds and the City is liable for trespass. He requested a resolution that would protect all animals in the City not only peacocks. Mr. Saurenmann provided historical insight and stated that the peacocks were in the City first and summarized the progressive settlement that led to the peacock's arrival in 1421with Chinese immigration. Mr. Saurenmann referred to a memo from the Cape Canaveral City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 5 C r; Volunteer Fire Department. Mr. Saurenmann read the memo entitled, Peacock Incident on Coral Drive" that related a young boy riding his bike to school ran into a peacock and fell. Mr. Saurenmann stated that the children chased the peacocks with their bicycles and this time a child was injured. He stated that the City Manager acted on hearsay and Mr. Saurenmann demanded the City Manager's removal. Mr. Saurenmann submitted a copy of the CCVFD memo and two other documents for the record. Mayor Randels requested input from the interested party who desired to draft a resolution. He reiterated that the Council did not desire to have the birds euthanized. Mr. Morgan related that the desire was to relocate the peacocks and killing them was not the Council's intention. Mr. Treverton stated that the Council directed the City Manager to thin the population in a humane manner and eradication was not the intent. He also stated that there was no conspiracy and the minutes of previous Council meetings would reflect any discussion. Mayor Pro Tem Petsos requested that the City remove the trap left by the unknown individual if in the right -of -way. Ms. Filkins requested that the Council notify residents by way of an agenda or in the newspaper prior to decision- making on issues such as thinning the peacock population. Mr. Forrest Burke, of 353 Coral Drive, expressed that he has lived in the area for many years and the peacock population grew over time. Mr. Burke expressed that his neighbor, Mr. Saurenmann, feeds the birds that causes an aggregate population and when Mr. Saurenmann turns on his sprinklers the birds move over and defecate on his lawn. He stated that a congregated numbers leave residual feces on his own and neighboring property. He expressed that he favors the birds in a smaller number. Mr. Kizis gave the City Clerk a signed petition from the residents in the Villages of Seaport for public record. Mayor Randels adjourned the meeting at 8:13 P.M. for a brief recess. Mayor Randels called the meeting back to order at 8:21 P.M. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 21, 2003. 2. Outdoor Entertainment Permit for the Patriots Day Parade. Mayor Randels asked if any Council member, staff member or interested party desired to remove an item from the consent agenda for discussion. No request was made to remove the items for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve Consent Agenda Items No. land 2. The motion carried 5-0 with voting as follows: Mr. ;` City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 6 Hoog, For Mr. Morgan, For Mayor Pro Tem Petsos, For Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 1 i 3. Motion to Approve: Request for Proposal for City Attorney — Professional 1 Legal Services. 1 Mr. Treverton stated he read the minutes of the previous meeting. He expressed that Attorney McQuagge did a good job for the City and he would have voted for him up to that point. However, he left his position and Attorney Garganese was retained and has done a i good job as well. Mr. Treverton expressed that since the attorneys do comparatively good work, he chose to cast his vote toward loyalty. Mayor Randels explained that the final decision was for the Council to direct the City Manager to negotiate with the top-ranking firm. Mayor Pro Tem Petsos recommended that the City Manager negotiate on some of his I previously stated concerns on the billing issue. Mayor Randels commented that his decision was based on the firm's experience with municipal law. Mr. Hurley inquired if negotiation would be based on cost. Mayor Randels replied that the Consultant's Competitive Negotiation Act, CCNA, is the standard for negotiation and negotiations would be based on 1 the City's requirements set forth in the proposals. Mr. Hurley asked why cost is not a driving factor in negotiation since both attorneys have comparative skills. Mayor Randels explained that experience in municipal law was more important than cost. Mr. Nicholas stated that State statutes set CCNA procedures and the guideline is negotiation with the top - ranking firm first. 1 1 t A motion was made by Mr. Treverton and seconded by Mr. Hoog to approve Brown, Ward, Salzman and Weiss, P.A. as the top- ranking firm in the City Attorney Request for Proposal. The motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. i ORDINANCES: First Public Hearinci: 1 1 4. Motion to Adopt: Ordinance No. 02 -2003; Amending Code Sections 110-334 & 110 -383; Adopting a New Section 110 -656; Providing for Supplementary Regulations for Vehicle Rental Facilities within the C -1 and C -2 Zoning 1 Districts, for second reading. 1 Mayor Randels read Ordinance No. 02 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110 -334 & 110 -383; ADOPTING A NEW SECTION 110 - 556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 & C-2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Le $ R i It City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 7 Mayor Randels stated that the intent of the ordinance is to delete rental vehicles and to add vehicle rental facility to the code section language. Mayor Pro Tem Petsos related that this ordinance was created to regulate the number of rental facilities in the City. Mayor Randels informed that the Planning and Zoning Board set guidelines such as future rental agencies would be located at least one -third mile from an existing rental facility; and minimum lot width would provide a densely planted green belt of not Tess than 15 -feet in width penetrated only at the points approved by the Board for ingress and egress with minimal visibility from the street. Also, all outdoor paging or speaker systems are strictly prohibited. Only temporary storage, not to exceed 30 -days, is allowed for unused or wrecked vehicles and vehicle maintenance must be done in a fully enclosed structure. Mr. Gene Petre asked if the City allows used car lots. Mayor Randels replied that used car lots are not permitted but are allowed with a special exception. Mr. Nicholas replied on used car lots and stated that under special exception, provisions could be applied by the Boards to disallow outdoor speakers. Mr. Treverton asked if the one -third mile distance requirement would prevent a future rental car facility. Mr. Nicholas replied that there is still available space on North Atlantic Avenue. Mr. Treverton asked how the Board arrived at the calculation. Mr. Nicholas replied that the calculation was based on suitability. Mr. Nicholas brought out that the number of visible cars on the lot at any one time was a concern and he requested that the Board address this issue. Mayor Pro Tem Petsos referred to Paragraph 5 that reads, "Cars shall be placed in a paved and striped parking area." Mr. Hoog reminded that the amount of allowable space could result in many visible cars. Mayor Randels stated that the green belt is important and a clause in the ordinance provides for 15 -foot width green belt around the facility. He related from Paragraph 4 that this provision applies to all property lines abutting public right -of -ways or properties zoned residential. Mayor Pro Tem Petsos replied to Mr. Hoog that his question on landscaping height would be discussed in an upcoming ordinance. Mr. Treverton reminded to include North Atlantic Avenue in the ordinance since the provision was specific to the AlA corridor. Mayor Randels concluded that Section 110 -556, paragraph (b), line two would read after deleting abutting US Highway A1A, "minimum lot area for facility shall be 12,000 square feet." Item 3 below that portion would read, after deleting abutting US Highway A1A, "minimum lot width for facilities shall be 100 - feet" Mayor Randels summarized that this ordinance provides a limitation however special exceptions would still permit vehicle rental facilities in the C -1 and C -2 zoning districts. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 02 -2003 for second reading. The motion carried 5-0 with voting as follows: Mn Hoog, For; Mn Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mn Treverton, For 5. Motion to Adopt Ordinance No 03 -2003; Amending Chapter 110 of the Code of Ordinances; Providing for Off- Street Parking Space Allocations within the C- 2 Zoning District; Providing for Density and Height Requirements for Landscaping, Screening, Fencing, Walls and Hedges within the C-2 Zoning District; Providing for the Removal of Maximum Height Restrictions for (••• Landscaping, Hedges and Vegetation Screening, for second reading. City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 8 C Mayor Randels related that restricting the hedge height in the residential zoning district was a burden to property owners and should be eliminated. Since establishing the C -2 zoning district, a hedge height restriction is being considered for that zoning area and would include 1 residential. Mayor Randels read Ordinance No 03 -2003 by title. i AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR OFF$TREEET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR DENSITY AND HEIGHT REQUIREMENTS FOR LANDSCAPING, SCREENING, FENCING, WALLS AND HEDGES WITHIN THE C -2 ZONING DISTRICT; PROVIDING FOR THE REMOVAL OF MAXIMUM HEIGHT I. RESTRICTIONS FOR LANDSCAPING, HEDGES AND VEGETATION SCREENING; PROVIDING ( FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. t. A motion was made by Mr. Morgan and seconded by Mr. Hoog to approve Ordinance No 03 -2003 for discussion. Mr. Morgan brought out that impeding traffic was the issue t when previously discussed. Mr. Hoog referred back to Section 110 -470 in that no fence, wall or hedge shall exceed 4 -feet in height. Mr. Morgan replied to Mr. Treverton that there is a right - of-way requirement that regulates hedges. Mr. Hoog stated that this ordinance is C acceptable for commercial areas but should not apply to residential. Mr. Morgan expressed the need to move landscaping back further in order to avoid obstruction in the sidewalk by a mature shrub. Mr. Morgan expressed to see that the type of vegetation, character and canopy be taken into consideration. Mayor Randels asked for the Council's direction to the Board. Mr. Todd Peetz, City Planner, related that the Board's concern was potential Code Enforcement issues. He expressed that perhaps the issue was maintenance and not height saying that if maintained, landscaping would not encroach onto a neighbors yard. Mr. Hoog r expressed that he did not favor hedges that obstruct visibility. Ms. McNeely stated that greenery was favored over fences. Mayor Randels summarized that the Council desired the Planning and Zoning Board to revisit this issue and consider the type of vegetation, height and growth and potential encroachment i t A motion was made by Mr. Hoog and seconded by Mn Morgan to refer Ordinance No 03 -2003 back to Planning and Zoning Board for further discussion. The motion carried 5-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 6. Motion to Adopt: Ordinance No 04-2003; Amending Chapter 110 of the Code or Ordinances; Providing for the Regulation of Exterior Building Colors within the C -1, C -2 and M -1 Zoning Districts, for second reading. 1 Mayor Randels read Ordinance No 04-2003 by title. r 1 i t i i City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C-1, C-2 AND M -1 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that bright or brilliant colors would not be allowed as exterior building paint colors in order to provide a more uniform aesthetic in the community. Ms. McNeely related that this ordinance originated from the Community Appearance Board. She said that the language provides leeway for the Board's authority to make recommendations but would not restrict the applicant. Mr. Treverton expressed that there is enough latitude in the language using the verbiage bright or brilliant to provide authority for the Board. He related that McDonald's chose brighter colors when repainting their building that differed from their initially subtle earth tones. He inquired what would happen if a party would choose to repaint in the future? Mr. Hoog asked Mr. Morley if painters are regulated. Ms. Bowers responded that painters are regulated from a competency or occupational standpoint. Mr. Morley asked how the building would come before the Community Appearance Board after- the -fact. Mayor Randels replied that Code Enforcement would need to address situations after -the- fact. Mr. Nicholas pointed out that code section was considered in the zoning because the subject referred to zoning districts however the ordinance applies to aesthetics. Attorney Garganese replied that the ordinance could be restructured and applied to the Community Appearance Board Code Section instead. Attorney Garganese replied to Mayor Randels that he would create conforming amendments to move the ordinance to Chapter 22 of the City code. Mr. Morley related that a resident constructed a tent that is not in violation of any building code or a code enforcement violation. However, a mechanism through the Community Appearance Board might remedy issues such issues. Main motion as amended: A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 04-2003 for second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For and Mr. Treverton, For. An amendment to the main motion was made by Mayor Randels and seconded by Mr. Morgan to direct the City Attorney to make conforming amendments and set forth in Chapter 22. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For Mayor Pro Tem Petsos, For Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 05 -2003; Amending Chapter 2, Article VI, Providing for a New Section 2 -260 Entitled Procedures for Satisfaction or Release of Code Enforcement Liens, for second reading. Mayor Randels read Ordinance No. 05 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, PROVIDING FOR A NEW SECTION 2 -260 ENTITLED PROCEDURES FOR • I' p City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 10 Co" SATISFACTION OR RELEASE OF CODE ENFORCEMENT UENS; PROVIDING FOR THE t REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that the City Attorney recommended a manner to provide a formal mechanism for the satisfaction or reduction of code enforcement liens. Attorney Garganese stated that under current Code procedure only the City Council can satisfy or release a lien and if the Council chooses to reduce a lien, it is at their discretion; however, at this time there is no formal procedure for release or reduction of a Code Enforcement lien. Mayor Pro Tem Petsos asked if upon satisfaction or reduction of lien would the person pay the fine or would they request to pay a reduction of the fine. Mayor Pro Tem Petsos said that he desired to have them pay for the Satisfaction or Release of Lien. Mayor Randels read "the violator shall submit at the time of application payment to the City in the amount necessary to reimburse the City for its costs associated recording the order imposing penalty. These costs are non - refundable without regard for the final disposition of the application of the Satisfaction and Release of Lien." Attorney Garganese clarified that the individual pays for t the application of the cost to release the lien plus recording cost. Mr. Morgan requested that a provision or mechanism for recording a Satisfaction of Lien be included. Mr. Boucher stated that the City records Claims and Satisfactions of Lien. t A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No 05 -2003 for second reading. The motion carried 5-0 with voting as follows: Mr. H oog, For; r'9 For; Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For and Mr. Treverton, For 1 8. Motion to Adopt Ordinance No 06 -2003; Amending the Code of the City of ti Cape Canaveral Florida; Providing for a Stormwater Utility System; Providing Findings, Determinations and Powers; Providing Definitions and Construction; Providing for an Operating Budget; Providing for a Stormwater Utility Fee; Providing for Billing and Collection of Utility Fee; Providing for Program Responsibility; Providing for a Stormwater Utility Enterprise Fund, for second reading. t . Mayor Randels read Ordinance No 06 -2003 by title. AN ORDINANCE AMENDING THE CODE OF CITY OF CAPE CANAVERAL, FLORIDA CREATING A STORMWATER UTILITY SYSTEM PURSUANT TO SECTION 403.0893, FLORIDA STATUTES, AND OTHER APPUCABLE LAW; PROVIDING FINDINGS DETERMINATIONS AND POWERS; PROVIDING DEFINITIONS AND CONSTRUCTION; PROVIDING FOR OPERATING BUDGET; PROVIDING FOR THE CREATION OF A STORMWATER UTILITY FEE; PROVIDING FOR BILLING AND COLLECTION OF A STORMWATER UTILITY FEE; PROVIDING FOR PROGRAM RESPONSIBILITY; PROVIDING FOR STORMWATER UTILITY ENTERPRISE FUND; PROVIDING FOR PARTIAL INVALIDITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINACES; f PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO CODE; PROVIDING FOR AN EFFECTIVE DATE. Le , 1 t ; i r 1 F i City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 11 Mayor Randels informed that the City was mandated to create a stormwater utility management program and this ordinance would establish the utility. Mr. Morgan inquired about the stated October 1 billing date. Mr. Boucher said that he spoke with Mr. Robert Day of St. John's River Water Management District and the date could be changed to January 1, 2004. Mayor Pro Tem Petsos questioned Section 5.04, Method of Collections and requested to remove late fees. Attorney Garganese advised to retain "attomeys fees and costs." Attorney Garganese requested a technical change in Section 5.02; to delete the specific rate amount from the ordinance and insert "ERU rate" since the resolution would i l establish the actual rate amount. Mayor Randels clarified in Section 5.02 that the plan is to delete, "the $3.00 rate" and insert "ERU rate" and also to delete subsequently "rate per ERU" and substitute with "ERU rate." Mr. Earhart referred to Section 12 and suggested "or its designee" be added after, "the City's Finance Department." Mr. Boucher clarified that the rate resolution would define the date of the effective rate. Attorney Garganese related a change under Section 4, Operating Budget and delete the last sentence that states, "the initial operating budget shall be for the fiscal year commencing 2003." He said that this would be inserted in the rate resolution. Attorney Garganese stated that the section still reads properly as, "that each fiscal year the City must create an operating budget." Mr. Gordon England referred to Section 5.02 and inquired if the monthly fee would be computed monthly or yearly. Attorney Garganese stated that the definition covers that the fee is collected monthly. Mayor Randels clarified that there were no other changes to Section I 5.02. Mr. England inquired about bonds however Mayor Randels replied that matching g grants were the consideration at this time Mr. Nicholas asked for feedback on the (ire informational meetings. Mr. Morgan replied that there were approximately 40 people in the first meeting; 25 in the second meeting, and overall residents generally favored the t ' program. The Council members that attended generated a list of questions from the feedback. Mr. Morgan commented that that he would have preferred to see more participation. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No 06 -2003 for second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For and Mr. Treverton, For 1 A motion was made by Mr. Treverton and seconded by Mayor Randels to continue the meeting until 10:15 P.M. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For RESOLUTIONS: 9. Motion to Approve: Resolution No 2003 -03, Vacation of 10 -Foot Utility Easement on Lot 21, Harbor Heights, Second Addition. ` Mayor Randels informed that Gasper Fernandez [and Sara Fernandez] requested the City to vacate a 10 -foot utility easement in the rear of his residence. Mayor Randels stated that 1 (160 an existing pool and deck was placed over the easement. Mayor Randels also inquired if it i I F I I i t City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 12 I Co is the Council's desire to relinquish City property. He replied to Mr. Morgan that the Public Works Director saw no future plans for use of the easement. Mr. Morley made two points: 1) that the pool permit was allowed based on wrong information on a survey that did no have the easement recorded on it and 2) Mr. Morley did not want to set a precedent to others that a vacation would be granted if information was submitted in error on an easement. A motion was made by Mr. Morgan and seconded by Mr. Treverton to approve Resolution No. 2003 -03 to Vacate a 10 -Foot Utility Easement on Lot 21, Harbor Heights, Second Addition. The motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 10. Motion to Approve: Resolution No. 2003 -04, Final Plat for Wendy's Business Park. i i Mr. John Allen, of Allen Engineering, displayed a storyboard and pointed out how the parcel I' division would occur and how parking would be accommodated between the two parcels. Mr. Morgan asked if the Building Department recommended approval. Mr. Allen responded that the Planning and Zoning Board had recommended approval. Mr. Allen affirmed to 1 E Mayor Pro Tem Petsos's question that the second parcel would meet the required setback. A motion was made by Mn Morgan and seconded by Mayor Pro Tem Petsos to i Cr; Approve Resolution No 2003-04, Final Plat for Wendy's Business Park. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For and Mn Treverton, For. i DISCUSSION: t i 11. Interlocal Agreement for Public School Facility Planning. i 1 Todd Peetz, City Planner, explained that Florida Statutes 10 -13 requires cities and counties , f to create an interlocal agreement between them and the School Board. The Department of Community Affairs encourages that all parties involved join together to act as one Mr. Peetz relates that to date the Department of Community Affairs and the School Board agree with this draft document. He stated that Rockledge and Palm Shores have approved the agreement, Palm Bay would discuss it on February 7th and the Brevard County Commission would seek approval at their meeting on February 18th. Mr. Peetz explained that for the City of Cape Canaveral the intent of the agreement is for communication. The i interlocal agreement would call for an annual staff working group and an annual meeting of elected officials. One of the new key requirements of the City is to calculate growth trends that would provide essential data for the School Board. Mayor Randels summarized that this data is a benefit in order for the School Board to implement expansion. Mr. Peetz i informed that Section 4 provides for a Capital Outlay Committee that reviews the School Board's expenditures and also allows participation from the cities and the County. He 1 related that Section 6 would apply to the City in that the School Board would be notified of I I E l 1, i City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 13 ,,, new development. A non - voting School Board representative would be notified to attend the Planning and Zoning Board meeting where residential development is discussed. Mr. Peetz expressed concern with the language all new development and he said that Statutes read significant new development. Mr. Peetz replied to Mr. Morgan that significant development generates new children to an area. Mayor Randels stated that he felt the School Board should be notified of all Planning and Zoning Board meetings. ry Mr. Peetz explained that capacity would not be used as a concurrency item. Attomey Garganese informed that Item 6.5 is problematic because it can be interpreted as requiring school concurrency. He stated that a new paragraph 6.8 clarifies that this ordinance is not intended to address or create a school concurrency program. Attorney Garganese stated that development would cease if the school were at capacity until more capacity is provided. Mr. Peetz replied to Mayor Pro Tem Petsos's question that March 1 is the deadline for approval. He said that Council could agree to an abridged version and if the March 1 deadline were not met, the Comprehensive Plan would not be compromised. Attorney Garganese stated that if the March 1 deadline were not met the Department of Community Affairs would forward a notice to show cause and the City would need to show cause why we should not be sanctioned. The Department would be negotiating in good faith and would work through administrative levels. Mr. Boucher stated that this item would be an action item at the next scheduled meeting if the County could resolve all issues. REPORTS: Do to the lateness of the hour the City Manager and Staff did not report at this time. 3. City Council Mr. Morgan • Mr. Morgan inquired about the status of the Lincoln Avenue alleyway easement dedication. Mr. Boucher replied that consent was needed from one outstanding party toward the settlement agreement in this matter. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired if the Florida League of Cities insurance could replace the vandalized shuttle and he expressed a desire to replace it in light of the recent event Mr. Boucher would seek a response from the League. ADJOU S �� 45 '`t� The C$ dj the at 10:25 P.M. cz .0%. ,ry yi d ^(.i r a Rocky Randels, MAYOR i if , Susan St kw . 1 • ` 04-0q.-06 \ \ \C1 7 " u O M y o._.- r R�BUTIpN'' ay or f Jty Council , a .: City ra ' C., v L 6W 0 - Q � ? b. Wa:ks Dir. \ \ 0 . , �. �'a lding off. _ L n Fi Dir. i „,i 4_ � 1c,,^f1 ` 2„ C''� Q ,_ (0 ,_1„ 9 .`'- - f C a. ( ci.- v�1cc.,� . 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CANAVERAL VOLUNTEER EIRE DEPARTMENT INC. . ;Servtng the ire} of Gape Canaveral � Canavera P ort Aut � = ,� �` � + FHt� Fes : t +. s , = MEMORANDUM , - i7 To: Bennett Boucher, City Manager / Date: 19 April 2002 C - From: David J. Sargeant, Fire Chief RE: Peacock Incident on Coral Drive This morning a young boy riding his bike to school, ran into a peacock. He was knocked off his bike and landed on his head. Fortunately, he was wearing a helmet. However, he received a bloody nose, a tooth through his lip, and road rash on his hand, face and knee. The young boy stated that they just would not get out of his way. This and several near crashes, on N Atlantic, lead me to believe that we should consider thinning out their population. Although I bof live in the area, I have no personal agenda involved as the peacocks were there before me. Thank you for your attention to this matter and your continued support. vi4 4, y, y � ' ,; i 4 • Cy w- f.rfi station =1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 2920 • (321) 783 -4777 • FAX: (321) 783 -5398 Station =? 8970 COLUMBIA ROAD • CAPE CANAVERAL. FLORIDA 32920 • (321) 783- 4424 • FAX: (321) 783-4887 ATTENTION!!!! RESIDENTS OF HARBOR HEIGHTS, VILLAGES OF SEAPORT, & OCEAN WOODS THE TRAPPING AND KILLING OF PEACOCKS IN CAPE CANAVERAL IS SHOCKING AND OUTRAGEOUS! THE LOSS OF THESE BEAUTIFUL BIRDS THAT HAVE RESIDED IN THIS AREA SINCE AT LEAST 1850 IS A TRAVESTY THAT MUST STOP. PLEASE ATTEND A CAPE CANAVERAL COUNCIL MEETING ON FEBRUARY 4TH AT 7:30 PM TO LET THE COUNCIL KNOW THAT THE PEOPLE OF CAPE CANAVERAL WANT THE PEACOCKS TO STAY HERE AND BE PROTECTED, THAT THEY ARE AN ASSET TO OUR COMMUNITY Cre • - CITY OF CAPE CANAVERAL 3 --� -- PUBLIC WORKS w C" OF C;re cr .rea Memo To: Walter Bandish, Asst. Public Works Director From: Wes Fox, Utilities Specialist /� „,o, Date: September 12, 2002 Re: Peacock Trap After setting trap for peacocks at Lift Station (LS) # 4 on 9/10/02, we drove to the beach end of Harbor Drive and while driving back to the LS, Carl & I noticed a women with two (2) dogs leaving the LS. She stopped to ask us what we were trapping. I answered, "peacocks”. She asked, "under whose orders" ? We told her the City Managers. She said, "The City is doing this?" "What are you doing with them?" I told her that we take them to the Humane Society. She asked, "Do they euthanized them ?" I explained to her that I didn't know exactly what they did because the city only drops them off. I told her the peacocks can cause extensive damage to citizens property and are not native to our area or protected by the State. I told her they can be legally caught and removed. i•. She asked, if this was done under city ordinance, I said yes. At a homeowners meeting they came to an agreement to control the flock as necessary. // V Cc: Bennett Boucher, City Manager Ed Gardulski, Director of Public Works � f • Page 1 ,