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HomeMy WebLinkAboutMinutes 02-18-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX { 111 Polk Avenue, Cape Canaveral, Florida E TU DAY S February 18, 2003 7:00 PM MINUTES CALL TO ORDER: 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 Ed Gardulski, Public Works Director Walter Bandish, Assistant Public Works Director BOARD INTERVIEW: Bill Leach, Business & Cultural Development Board Attorney Garganese asked Mr. Leach if all of the statements in his application were answered correctly to which he affirmed. Mr. Leach replied to the question regarding his interest in the Board saying that he had a printing business in Cocoa for twenty years. He expressed that the Board was a good venue to help the City generate new business along with the quality of life. Attorney Garganese asked why he thought he might be a good } Board member? He replied that he had previous business experience and had networked with other local area businesses and could bring added experience. Mr. Leach also stated that he is active with Florida Institute of Technology cultural events. Mr. Morgan stated that he knew of his family and that they operated a well -run printing business in Cocoa. Mr. Hoog expressed that he liked his background and twenty years experience. Mr. Treverton also favored his credentials and the mix of business and academia that he would bring to • the Board. Mayor Pro Tem Petsos stated that he favored his comment to generate new business along with the quality of life. Mr. Leach replied that he lived in the City for ten years. Mayor Randels expressed his thanks for Mr. Leach's interest. The City Clerk asked City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 2 Mr. Leach if he would be available to meet the Business and Cultural Development Board at their meeting on Wednesday, February 19 at 7:00 P.M. to which he affirmed. The Board would then make a recommendation to the Council regarding a resolution to appoint him to the Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 4, 2003. 2. Resolution No 2003 -05; Appointing an Altemate Member to the Library Board, Harry Pearson. 3. Quarterly Treasurer's Report and Budget Amendments for the First Quarter of Fiscal Year 200212003. Mayor Randels asked if any Council member, staff member or interested party desired to remove an item from the consent agenda for discussion. Mr. Hans Saurenmann requested to remove Item No 1 for discussion. A motion was made by Mr. Morgan and seconded by Mr. Hoog to approve Consent ripe Agenda Items No 2 and 3. The motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For; Mayor Pro Tem Pesos, For Mayor Randels, For and Mr. Treverton, For 1. City Council Regular Meeting Minutes of February 4, 2003. Mr. Saurenmann requested a correction on Resolution No 2003 -03 for the Vacation of a 10 -Foot Utility Easement on Lot 21, Harbor Heights, Second Addition. Mr. Saurenmann stated that there were certain problems that should be reflected in the minutes. He informed that he had provided the City Clerk with the easement. Mr. Saurenmann brought out that Mr. Gaspar Fernandez is a resident he is not on the property deed. He stated that Mrs. Sara Jane Tyson is the property owner and only the owner can acquire permitting and request for a vacation of easement. Mr. Saurenmann stated that the utility corridor in question has a long history and stated that he was part owner of the rear of Ocean Woods. Mr. Saurenmann related that the 10 -foot easement should apply for all owners located on that side. Mayor Randels clamed that on Page 17 of Item No 9 of the previous agenda Mr. Fernandez is named as part owner however Mr. Saurenmann is concerned that Mr. Fernandez who requested the easement does not own the land. Mr. Saurenmann affirmed and related that there is a tax issue regarding the pool. Mr. Saurenmann stated that Mr. Fernandez is married to Sara Tyson but he is not listed on the deed. Mr. Saurenmann read from the previous Council meeting minutes in that the pool permit was allowed based on wrong information on a survey that did not have the easement. Mr. Saurenmann stated that he was aware of the easement for all properties City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 3 along this corridor and the City would not allow him to build by reason of the easement on his property. He related that the easement is east/west about 32 houses long. Mr. Saurenmann said that if the easement is no longer needed it should be vacated for all property owners. However, the City is allowing a permit on a piece of property that does not belong to the owner. Mr. Saurenmann replied to Mayor Randels that the swimming pool was recently installed and their property taxes should be considerably higher than his own but were not Attorney Garganese stated for clarification to Mr. Saurenmann's issues that the City could vacate an easement with or without the consent of the property owner. The Council determined that the there was no need for the easement and voted unanimously to vacate. Attorney Garganese addressed Mr. Saurenmann's concern of the length of the easement and asked if Mr. Saurenmann would like to vacate the easement on his lot as well Attorney Garganese stated that he could take up that issue with the City Manager and it does not affect Council's action. Mr. Saurenmann restated that the minutes reflect Mayor Randels saying that Gaspar Fernandez requested to vacate the 10 -foot easement on the property however Mrs. Tyson could make that request. Mr. Saurenmann requested to add the name Sara Jane Tyson and he also requested that all other property owners receive the same treatment. Mayor Randels asked the Public Works Director for information on who requested to vacate the easement. Mr. Gardulski responded that he received a letter addressed from both parties to vacate this proeprty. The Planning and Zoning Board reviewed and recommended this property first and all others would follow. Attorney Garganese said that the minutes could reflect the City received a correspondence. Mr. Boucher stated that both parties signed their names to the request letter. Attorney Garganese concluded that the minutes could simply reflect that the City received a request to vacate the easement by a letter dated December 8, 2002 signed by Gaspar Fernandez and Sara Fernandez. Mayor Randels informed Mr. Saurenmann that if he desired to receive a vacation of easement, he would need to submit a letter for his property. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to amend the City Council Regular meeting minutes of February 4, 2003 to add the name Sara Fernandez along with Gaspar Fernandez. 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 Main Motion: A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Consent Agenda Item 1, the City Council Regular Meeting Minutes of February 4, 2003, as Amended. 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 { City of Cape Canaveral, Florida City Council Regular Meeting 1 February 18, 2003 Page 4 CONSIDERATIONS: 3. Interlocal Agreement for Public School Facility Planning. Mayor Randels reiterated that this item was discussed at the previous Council meeting and Council requested discussion for this agenda for consideration with updated information. He informed that Florida Statutes requires by March 1, 2003 for Brevard County, the School Board and municipalities to enter into an interlocal agreement for public school facility planning and adoption would fulfill the City's statutory requirement. The agreement could be amended by April 1, 2003 if there were any amendments. Mayor Randels pointed out that the City Planner reviewed and found omissions in Subsection 6.6, highlighting that the paragraph fails to clarify which Comprehensive Plan amendments, re- zonings and development proposals are being considered in this paragraph. Also highlighted is that the paragraph fails to include the review criteria set forth in the Comprehensive Plan and Land Development Regulations of the respective local govemments. Mayor Randels stated that both omissions are now included in the attached agreement and commended our City Planner, Todd Peetz. Mayor Pro Tem Petsos inted out that the cities returned with the County ty in a review that resulted in including the requirements and requests from the cities. Mr. Boucher informed that the Brevard County Commission approved the Agreement this afternoon and all cities would subsequently comply before the deadline. 3 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Interlocal Agreement for Public School Facility Planning. 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. ORDINANCES: Second Public Hearing: 5. Motion to Adopt Ordinance No 02 -2003; 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 and C -2 Zoning Districts. Mayor Randels read Ordinance No 02 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110434 & 110 -383; ADOPTING A NEW SECTION 110-556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C -1 & C- 4 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. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 02 -2003. Mayor Randels informed that the Planning and Zoning 1 I { City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 5 ' C Board initiated this item. The proposed ordinance's intent is to specifically address car rental agencies and remove them generally from special exceptions to create a new Code Section 110 -556. The purpose of the section is to set limitations as follows: 1) a vehicle rental facility shall not be located within one -third mile from an existing vehicle rental facility, 2) a minimum lot area of 12,000 feet, 3) a minimum lot width of 100 -feet and 4) a green belt of not less that 15 -feet in width from all street areas where cars are visible, 5) outside areas where vehicles shall be displayed or stored shall be paved and striped, 6) ingress and egress points abutting the streets shall be marked clearly and placed not h loser than 150 -feet, 7) servicing and repair of vehicles is prohibited expect within a fully enclosed structure, 8) no storage of junked or wrecked automobiles other than temporary, not to exceed 30 days, 9) no outdoor paging or speaker systems are permitted, and 10) and the hours of operations are limited to 7 A.M. to 9 P.M. in consideration to the neighboring area. 1 t Mayor Randels asked if there were any public input. Mr. Hoog referred to Item 8 and = asked who would police the storage area Mayor Randels said that the intent is for Code Enforcement however the burden is on the ownership. Ms. McNeely replied that this is a Code Enforcement matter. Mr. Hoog referred to the screened area for regulatory control and pointed out the need for enforcement mechanisms. Mr. Morgan asked if a check could take place at the annual Occupational License renewal time Mr. Hoog inquired about the use of the enclosed area and the proposed green belt. Ms. McNeely stated that f the Board wanted to ensure adequate screening along the public road and from the residential district. The Board felt that the green belt was necessary for aesthetic reasons. Mr. Hoog asked why Paragraph 8 requires an enclosed area Ms. McNeely replied that the , enclosed area is for repairs. Mayor Pro Tem Petsos stated that the rental agencies in i discussion were looking toward rental sales and not storage. Mr. Morley replied to Mayor Randels that the Code Enforcement Officer typically polices the City and these agencies z would be included in that route. , Mr. Petre pointed out that within the ordinance there should be a stipulation as to who would enforce it and if done by the City the ordinance should include it Mr. Petre also pointed out that there are four existing facilities and wondered if there are any portions of the ordinance that inhibit them from business. He asked if certain amenities would be I grandfathered in Attorney Garganese replied that certain aspects of the ordinance would be grandfathered-in such as minimum lot area and width, however other portions would take affect immediately upon adoption for example, hours of operation and outdoor paging and speaker requirements. Mr. Petre asked about the required enclosure and greenery area and asked if these are grandfathered -in. Mr. Morgan stated the existing businesses should have a vested right. Mr. Petre asked if the businesses were invited before the Board to make comment? Mayor Randels replied that the facility in front of Cape Shores condominiums was informed of the regulations. Mayor Randels read from the new code Section 110 -556, "vehicle rental facilities may be permitted by special exceptions in the C- I 1 and C -2 subject to the general conditions for special exceptions and the following , minimum requirement" He stated that this provision did not exist under the old code for } special exceptions. 1 1 , City of Cape Canaveral, Florida i City Council Regular Meeting i February 18, 2003 1 Page 6 1 0 ,,,, i lire 1 Mayor Pro Tem Petsos replied to Mr. Petre's concern on enforcement that Section 5 states incorporation into the City code and therefore the Code Enforcement would i regulate. Mr. Saurenmann stated that the 15-foot green belt is not a good idea in that it i 1 allows for vandalism and theft of the vehicles on the property. Mr. Morgan asked if the intention of the green belt was for grass. Mr. Nicholas replied that landscaping was the 1 w intent in order to make the area aesthetically pleasing. Mr. Boucher referred to the 30-day 1 4 / storage and said that he would like to combine this section with the Abandoned Vehicle 1 section in Chapter 34 that requires 72-hours for removal of junk cars. Mr. Morgan i i expressed that further discussion appeared necessary at this point due to questions raised 1 during the discussion. i , i Attorney Garganese advised prior to calling the question that a Motion to Table does not i preserve advertising and a date certain needs to be included in the motion. i 1 4 , A motion was made by Mr. Morgan and Mayor Pro Tem Petsos to table Ordinance 1 1 No. 02-2003 until the next City Council meeting of March 4, 2003. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For Mayor Pro Tem Petsos, 1 i For Mayor Randels, For and Mr. Treverton, For t 1 6. Motion to Adopt Ordinance No 04-2003; Amending Chapter 22 of the Code 1 I or Ordinances; Providing for the Regulation of Exterior Building Colors 1 r Ikw within the C-1, C-2 and M-1 Zoning Districts. , , Mayor Randels read Ordinance No 04-2003 by title. 1 , i AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER i 22 OF THE CODE OR DINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR ' 4 BUILDING COLORS WITHIN THE C-1, C-2 AND M-1 ZONING DISTRICTS; PROVIDING FOR 1 THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING , 1 FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND 1 , PROVIDING FOR AN EFFECTIVE DATE. , 1 , i ' I Mayor Randels informed that after previous discussion the Council decided to place the i Code section under Chapter 22, Community Development. He explained that this I ordinance would confer authority to the Community Appearance Board to eliminate bright 1 or brilliant colors on commercial buildings except as accent colors. Mr. Treverton clarified i that this ordinance applied to new construction that requires a permit and not to existing 1 commercial buildings that decide to repaint. Mayor Randels replied that if the property is a 1 Level III review, then the code would apply. Mr. Craig Stewart pointed out that some ! trademark companies that the Board might not find beneficial to the aesthetics of the City, i the Board would address. The City's attempt is to maintain an aesthetically pleasing Al A i i ---- corridor. Mr. Boucher pointed out that under Code Section 22-40 the Building Official has :. the latitude to authorize insignificant changes. Attorney Garganese clarified that the changes must be minor or insignificant in impact. Mr. Treverton pointed out that his regulation was intended to equip the Board and eliminating florescent colors was the C intention. Mr. Morgan reminded that the building color would be reviewed during = City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 7 gibe remodeling. Mr. Treverton asked if there were a mechanism on the permitting form that described the type of work to include painting. Mr. Morley replied that the work performed is dearly described on the permitting application. Mayor Randels clarified how a City may enforce its aesthetics and read from a court case involving Jupiter, Florida that "where it is I determined that a rationale relationship exists between a legitimate govemment objective such as establishing aesthetically pleasing corridors and whether to further regulate such purposes? Mr. Morley said on a final note that he would like for the Board to consider what n is written under C -1 zoning that requires the owner to maintain the existing character with regulation by Code Enforcement. I A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 04 -2003 at second reading. The motion carried 5-0 with voting as follows: Mr. 1 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. J Mayor Randels read Ordinance No 05 -2003. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, 1 c ARTICLE VI, PROVIDING FOR A NEW SECTION 2 -260 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; 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. 4 s i Mayor Randels explained that this ordinance would provide for a formal procedure to satisfy or reduce a lien ordered by the Code Enforcement Board. Mayor Randels read through the proposed intended procedures. Mr. Treverton referred to Paragraph (a) and questioned that language that authorized the City Manager to proceed with recording the lien but he is not directed to do so. Mr. Morgan agreed that the intention is to have the City record the Satisfaction of Lien and remove it from the Clerk of Courts books. There was no public comment. i 1 A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to amend Section 2 -260, Paragraph (a) to read the City Manager "shall" execute and record a Satisfaction of Lien. 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 Main Motion: 1 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to C Adopt Ordinance No 05 -2003 at second reading. The motion carried 5-0 with voting i 1 1 1 City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 8 C as follows: Mr. Hoog, For Mr. Morgan, For Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt Ordinance No 06 -2003; Amending the Code of the City of 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. Mayor Randels read Ordinance No 06 -2003 by title. AN ORDINANCE AMENDING THE CODE OF CITY OF CAPE CANAVERAL, FLORIDA CREATING A STORMWATER UTIUTY SYSTEM PURSUANT TO SECTION 403.0893, FLORIDA 1 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 UTIUTY FEE; PROVIDING FOR BIWNG AND COLLECTION OF A STORMWATER UTILfTY FEE; PROVIDING FOR PROGRAM RESPONSIBIUTY; PROVIDING FOR STORMWATER UTILITY ENTERPRISE FUND; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO CODE; PROVIDING FOR AN EFFECTIVE DATE. 1 Cs, Mayor Randels referred to the changed effective date of January 1, 2004. Mayor Randels reminded that the Federal Clean Water Act required certain political entities to implement Stormwater Management Programs. He stated that Florida Statutes Section 373.413 mandates that the City of Cape Canaveral develop a Stormwater Management Program that is mutually comparable with those developed by the Florida Department of Environmental Protection, St. Johns River Water Management District and other governmental entities. Mayor Randels stated that a Resolution would define the user fee in order that the ordinance remain the same from year to year There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 06 -2003 at 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. ORDINANCES: First Public Hearing: 9. Motion to Adopt: Ordinance No. 07 -2003; Amending Sections 22-37, 22-43 and 22-44 of the City of Cape Canaveral Code Relating to the Community Appearance Board, for second reading. Mayor Randels read Ordinance No. 07 -2003 by title. 1 City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 9 c AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 22- 37, 22-43 AND 22-44 OF THE CAPE CANAVERAL CODE RELATING TO THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE I DATE. Mr. Treverton inquired when the City Attorney planned to draft a uniform Board ordinance. Attorney Garganese replied some time in March. He stated that this ordinance was expeditiously prepared following Council's changes during the workshop discussion especially with respect to the Level 11 reviews. , There was no public comment. i A motion was made by Mr. Treverton and seconded by Mr. Morgan to Adopt Ordinance No 07 -2003 at first reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For Mr. Morgan, For Mayor Pro Tem Petsos, For, Mayor j Randels, For and Mr. Treverton, For RESOLUTIONS: 10. Resolution No 2003 -06; Establishing a Stonnwater Equivalent Residential Unit and an Equivalent Residential Unit Rate. 1 Mayor Randels read Resolution No 2003 -06 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL. FLORIDA. ESTABLISHING A STORMWATER EQUIVALENT RESIDENTIAL UNIT AND AN EQUIVALENT RESIDENTIAL UNIT RATE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that the Resolution establishes a Stormwater Equivalent Residential Unit [ERU] and an ERU rate. City Council considered adoption on impervious area with an ERU rate of $3.00 per month effective January 1, 2004. Mayor Pro Tem Petsos stated that with the consultant's help and staff's input and the proposed budget, a workable plan has been established. Mr. Tom Garboski stated that he attended the first workshop wherein the public would like to see some mitigation process with the rates as well as a method of paying a lesser amount per Equivalent Residential Unit [ERU]. He related that people living in 500 square feet did not choose to pay the rate established for 2,074 square feet of living space. Mayor Randels explained that a residential condominium parcel was chosen to develop the ERU base because 59 percent of the total 6,100 tax 1 parcels in the City are condominiums. He explained that the total impervious surface comprised the total ERU rate. 1 Mr. Jeff Earhart of Berryman and Henigar agreed with Mayor Randels on how the ERU ,. was derived. Mr. Treverton asked if there were some provision in that a small condominium owner might challenge the proposed rate. Mr. Earhart replied that all 3 condominiums and residential parcels are assigned one ERU regardless of size. Currently there is no mechanism for different Basses and analysis resulted in simplicity versus , I City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 10 C equity for a standard rate. Mr. Earhart replied to Mr. Treverton that the mobile home definition could be expanded if the Council wanted to consider classes. Discussion followed on the possibility of establishing classes. Mr. Earhart responded to Mr. Morgan that mitigation credits would apply if a stormwater treatment facility exists on the property. Mr. Sweetman asked why charges are not made on a per unit basis. Mayor Randels replied that the cost was based on damage to the stormwater system. Mr. Sweetman reiterated that every person should pay the same. Mr. Garboski stated that he would like to establish a more aggressive fee and implement the proposed projects now. Mayor Randels replied that the cost played a part in Council's decision. Mr. Morgan replied that the participation did not reflect a cross section of the community, saying further that once the program is established a decision to increase could be made at a later time. Mayor Pro Tem Petsos said that people favored the $3.00 fee with initiation of the program. Mr. Leo Nicholas stated that he was not aware that each condo unit would be appraised at one ERU rate. He suggested basing the fee on a square footage basis with a per square foot charge with a portion paid for the common elements. Mr. Gordon England stated that there is more to the pollution component, for example than the impervious sites. He said that some parameter was needed to establish a cost. Mr. Morgan asked how other areas established cost. Mr. England replied that most other cities have calculated in the same manner. Mayor Randels related the areas of criteria to acquire the National Pollutant Discharge Elimination System Permit. Mr. Gene Petre asked if there were any other funding method available aside from coming to the property owners. Mr. Boucher replied that the fee is a user fee and more programs are intended to educate the public in the future. Mr. Gene Petre asked how much of the $1.00 in property tax comes back to the City. Ms. Bowers responded that of the City's ad valorem taxes $2.04 per each thousand above the value of the 25,000 Homestead Exemption is returned to the City. Mayor Randels summarized that all of the City tax comes back to the City. Mr. Petre recommended initiating a stormwater program with City funds. Mayor Randels pointed out that the City received approximately $3 million in grant funding. However, there is not much funding to take from the operational budget to implement this program. Mr. Boucher related that the demand for services has increased along with revenue. Mayor Randels encouraged Mr. Petre to acquire any additional budget information from the City Manager or City Treasurer. Mr. Paul Hurley pointed out that many people who damage the river do not live in the area. He stated that the City would be remiss to not look for a way to charge people for usage. Mr. England responded to Mayor Randels that the County has not increased its $3.00 rate since initiation. The County was successful in acquiring grants from other governmental entities however he had no answer for charging for tourist damage to the stormwater system. Mr. England responded to Mr. Sweetman's concern over increasing property taxes in that his property value increased and taxes had increased accordingly and said that stormwater is not tied to property taxes but is established by impervious surface. Mr. Jeff Earhart stated that the Council chose an equitable figure that would provide leveraging power to acquire grants. Mayor Randels related how Mr. Morgan's prototype stormwater City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 11 1 1 C concept would demonstrate the value of retaining water. Mr. Hurley inquired about unimproved property or unfinished apartments. Mr. Earhart stated that neither of these would incur cost stating that the water utility bill is the standard method of collection. 1 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2003 -06 at an Equivalent Residential Unit rate of $3.00 with an effective date of January 1, 2004. 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. 11. Resolution No. 2003 -07; Support of Continued Beach Management Funding of $30 Million Annually. Mayor Randels read Resolution No. 2003-07 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD I COUNTY, FLORIDA, IN SUPPORT OF CONTINUED BEACH MANAGEMENT FUNDING IN AN AMOUNT OF ;30 MIWON ANUALLY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECIVE DATE. Mayor Randels explained that five years ago the majority of Florida coastal cities passed a resolution signed by the Governor to give funding from the sale of real estate documentary stamp to a Trust Fund for beach renourishment. The govemor in the State deficit budget is anticipating using $15 Million from the trust fund slated for Beach Management. The Florida Shores and Beach Association is requesting the Council to pass a resolution requesting that the Govemor and Legislators continue that funding. Council directed the City Manager to forward a copy of the resolution and a letter with signatures from all Council members to the State Legislators on the appropriations committee as well as to the local legislation. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Adopt Resolution No 2003-07 in Support of Continued Beach Management Funding of $30 Million Annually. 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. DISCUSSION: i t i 12. Florida Department of Environmental Protection Stormwater National Pollutant Discharge Elimination System [NPDES] Permit. Mayor Randels explained that a Stormwater Permit Application is required for submission _ by March 10, 2003. The permit application covers six best management practices that the I City will perform during a five -year period. Mr. Walter Bandish recounted the six criteria: C Public Education Outreach, Public Involvement, Illicit Discharge, Construction Site t i i 1 City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 12 C i Stormwater Run -off Control, Post Construction and Pollution Prevention and reviewed the proposed plans in conjunction with the program. Mr. Morgan interjected that most of the proposed items are on the books and have been since 1987. Mr. Bandish affirmed that some of the expressed plans do exist. Mr. Boucher related that staff has been working hard to ascertain the format the State required. Mr. Hoog inquired about the permit fee. Mr. Bandish replied that the fee has not been established as yet. Mayor Randels clarified that this is a new program. Mayor Pro Tern Petsos asked if years one through four of the plan are contingent upon the ordinance previously adopted. Mr. Bandish affirmed and replied that the State wants to know how the City plans to maintain the program. Mayor Pro Tem Petsos stated that he would prefer to see staff performing maintenance in the first year and also said that he would like to see the application prior to forwarding it to the State. Mr. Bandish replied that much planning is involved in the first year REPORTS: I i 1. City Manager • Mr. Boucher stated that he met with Cape Canaveral Hospital and the St. John's River Water Management District in Palm Bay. St. John's desires that the hospital find other mitigation opportunities to keep fresh water from discharging into 1 the river. • Mr. Boucher announced this year's Patriot's Day Parade canceled. 1 Mr. Boucher reported that the Student and Professional Art Shows would i C proceed on Saturday, March 8th. • Mr. Boucher announced the he and Mayor Randels would attend a day long City /County summit at Brevard Community College in Cocoa along with other City Mayors and Manager and a facilitator who specializes in urbanization issue. The summit will be televised on the Space Coast Govemment Channel and the purpose is maximizing cost efforts in a collaborative manner. The Chair inquired of the Council for a consensus to extend the meeting for an additional 15 minutes. Motion considered and agreed to extend the meeting until 10:15 P.M. 2. Staff i 1 Acting Building Official • Mr. Morley reported that he attended a Construction Industry Licensing Board rules 1 committee meeting regarding a change to 61G15.015 of the Administrative Code. They inserted the words window and door replacement in that specialty contractor area. State statutes require certain requirements from the local municipality if local licenses are issued. Brevard County is already established and 1 beginning March 4 they will start to license window and door contractors and the State will now be able to recognize those licenses. Mayor Pro Tem Petsos asked if a resident could obtain a permit to install a window or door? Mr. Morley responded that that has never changed and has always been an option to an owner. He , C 1 City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 13 C replied to Mr. Morgan that an owner of single - family residence has always been allowed to replace windows and doors. City Clerk • Mrs. Stills inquired if Council would consider a Code Review Workshop meeting prior to the next regular meeting on March 4 at 5:00 P.M. Council members agreed that they would be available. City Attorney • Attorney Garganese reported on finalizing the amendment settlement agreement with Fairvilla based on the Community Appearance Board's approval of the sign and their approval is contingent upon the City Council approving the amendment to the settlement agreement. • Attorney Garganese also reported on meeting with the County Attorney regarding the proposed County Water and Sewer District Ordinance. He related that the City's goal is to ensure that the sewer utility is not impacted as well as to minimize any impact to the Cocoa water utility. AUDIENCE TO BE HEARD: Jim O'Toole • Addressed the Council as a concerned citizen regarding the palm trees that the Beautification Board is proposing for the Al A corridor at a cost of $5K. He stated that he found the cost exorbitant. He recounted those who accepted trees as Doug Wilson, the Porter family [former Mayor John Porter], Randall O'Brien, [former County Commissioner]. Mr. O'Toole stated that these few property owners are receiving 45% of the trees at a sum of over $105K. Mr. O'Toole mentioned the proposed Publix shopping center and asked if the proposed trees would be uprooted and discarded if the shopping plaza is implemented. Mayor Randels explained that a grant was awarded approximately three years prior and the City invited all businesses along Al A through a letter to have trees on their property. Mr. Gardulski pointed out on a storyboard those properties that were asked and those that had agreed. Mr. O'Toole restated that he found the trees expensive. Mr. Gardulski also stated that the City reviews the site plan prior to development and if a tree were found it would remain. Mr. O'Toole inquired if taxpayer's money would maintain the trees? Mr. Gardulski affirmed. Mr. O'Toole questioned the City's fiscal responsibility. Mayor Randels replied that the Florida Department of Transportation agreed with the project. Mayor Randels stated that each location would receive one monument tree as a focal point and not several trees on one lot. Mr. Morgan pointed out that the Council had some of the same concerns. He also stated that all the businesses that Mr. Gardulski pinpointed on his storyboard were contacted. • Mr. O'Toole informed that he had contacted some art students in regard to enhancing the City sign and expounded on such enhancements as a space related commemorative and the City seal. Mr. O'Toole said that he continue to acquire their assistance. Mayor Randels replied that input is welcome. s t City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 14 c 3. City Council • Council members did not make reports at this time. ADJOURNMENT: There b Q .. , -. .,.. ' f • r ness, the Chair adjourned the meeting at 10:25 P.M. 1 ; . ,' ps■c• .00 C....-41A 4 - " - - Q eSk- � 6 i 1 , * K t1 ' ,, Rocky Randels, MAYOR i t ' ° ' • ,, • j t Susan 7` d k , C • { C Y • • , , , s , Iiii; • 1