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HomeMy WebLinkAbout07-15-1993 WorkshopA Workshop Meeting July 15, 1993, at Canaveral, Florida. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Clerk CITY COUNCIL WORKSHOP MEETING July 15, 1993 of the Cape Canaveral City Council was held on the City Hall Annex, 111 Polk Avenue, Cape The meeting was called to order at 7:30 P.M. Joy Salamone John Porter Arthur Berger Joan Calvert Rocky Randels Bennett Boucher John Kancilia Faith Miller Present Absent Present Present Present Present Present Present PRESENTATION: 1. Presentation and Welcome to Mayor Hans Benz, Kloten, Switzerland. Mayor Salamone advised that the agenda included a presentation and welcome to Mayor Hans Benz of Kloten, Switzerland. She stated that Council had received notice that Mayor Benz would not be able to attend the meeting. She stated that she had called Switzerland and spoken to the City Manager of Kloten and left a message that the City was sorry that Mayor Benz was unable to make the trip to Cape Canaveral. Mayor Salamone stated that a Key to the City plaque and a proclamation would be sent to Kloten. Mr. Boucher displayed the plaque and stained glass medallion from Kloten that Mr. Saurenmann had delivered to City Hall and Mayor Salamone stated that other gifts had been delivered to Capeview Elementary and the Public Library. Mayor Salamone advised that the Kloten plaque would be hung in the Council Chambers along with the other Sister City plaques. BUSINESS: 1. Interview of prospective Boardmember. Mrs. Nonamaker was not in attendance at the meeting. 2. Discussion Re: Rectuest by John Stiller, Imperial Business Center, for financing of sewer impact fees. Mr. Boucher stated that Mr. Stilley had been assessed by the Building Department for sewer impact fees totaling $10,780. Mr. Stilley stated that the sewer impact fees owed to the City were in addition to approximately $7,500 in impact fees which had previously been paid. He distributed a letter to Council which explained the history of the project. He stated that he was willing to pay the fees, but that he needed to spread the payments over a one year period of time. Mayor Salamone questioned how the project had been issued certificates of occupancy without payment of the sewer impact fees. Mr. Boucher stated that the certificates of occupancy were issued erroneously due to an oversight by the Building Department. Mr. Randels stated that he wanted more of an explanation as to why the sewer impact fees were not paid prior to the issuance of the certificates of occupancy. Mr. Stilley stated that he was currently applying for permits for one more building which included a security dwelling and rental - type warehouses and the Building Department had advised that it would require two sewer impact fees. There was extensive • • City of Cape Canaveral, Florida City Council Workshop Meeting July 15, 1993 Page 2 discussion regarding the impact fees owed by Mr. Stilley and the problems associated with the calculations of the amount of fees due. Mr. Kancilia stated that the ordinance required that in order for a builder to qualify for deferred payment on sewer impact fees that the City would withhold the certificate of occupancy. He stated that without further research, he was not aware of any other provisions which would allow for a deferred payment when a certificate of occupancy had already been issued. Mrs. Calvert stated that if the units were sold before the sewer impact fees were paid, the City would have no recourse. Mr. Kancilia stated that it may be possible to revoke the certificate of occupancy and he would further research the matter. Mayor Salamone questioned what the City was doing to ensure that these type of situations did not reoccur. Mr. Boucher stated that there was a check -off list which had to be followed prior to the issuance of a certificate of occupancy. Mayor Salamone asked for an established check and balance system. She wanted a checkpoint through the Finance Department or the City Manager. Mayor Salamone stated that all fees must be verified through the Finance Department prior to the issuance of any permits or certificates of occupancy by the Building Department. Mr. Berger stated that several municipalities required two signatures on the certificates of occupancy, Building and Finance Departments, and Council concurred that it was an excellent idea. Mr. Randels questioned if a fire door was installed between two units, could the units then be counted as one unit for sewer impact fees. There was further discussion regarding the use of fire walls /doors to reduce the number of units assessed impact fees. Mayor Salamone stated that the last time Mr. Stilley had come before Council there were seven (7) impact fees due, and now there were five (5) impact fees due and she asked for clarification of same. Mr. Boucher stated that he had obtained a list from Florida Power & Light for all the services for this facility, the list was given to Mr. Morgan and he had been asked to verify the number of services there and Mr. Morgan did not have any changes to the calculation of five (5) impact fees outstanding. Mayor Salamone asked that Mr. Morgan attend Tuesday's Council meeting to further explain this matter to enable Council to make a better determination of the facts involved in the issue. Mr. Randels stated that it appeared that Mr. Morgan was circumventing the impact fees by suggesting the installation of a fire door between the two units as a method to avoid paying the fees. Mrs. Calvert stated that the number of units included on the original approved plans were the correct number of units to be assessed impact fees. Discussion followed regarding the actual numbers of units to be assessed. Mayor Salamone stated that Mr. Stilley owed impact fees on every single individual unit and that the City had to calculate the impact fees based on buildout. Mr. Kancilia agreed that the impact fees needed to be calculated on the initial buildout amount. Mr. Stilley stated that twenty impact fees would not be acceptable to him. Mayor Salamone stated that before any decisions were made by Council on the issue, she requested that Mr. Morgan be present before the Council to explain his letter addressed to Mr. Stilley dated June 11, 1993. She also requested an answer as to how it was possible that the aforementioned certificates of occupancy were issued without impact fees being paid. She also stated that Mr. • • City of Cape Canaveral, Florida City Council Workshop Meeting July 15, 1993 Page 3 Kancilia would research whether or not it was possible to revoke certificates of occupancy. Agenda this item for Tuesday. Mr. Randels questioned a memo dated April 28, 1993, whereby the City Manager had asked for an explanation of how the certificates were issued without collecting the impact fees. Mr. Boucher stated that he had received a verbal answer and he would request a written answer. 3. Discussion Re: Quarterly budget transfers and report. Ms. Deborah Haggerty, City Treasurer, briefed Council on several areas of significance in the report including: lower than anticipated revenues from local half -cent sales tax; number of adjustments to City expenditures; and the large quantity of repair /maintenance fees to City vehicles with a suggested option of looking at the purchase of new vehicles in the upcoming budget year. Mr. Randels stated that some of the vehicles carried minimal usage per month and that all the vehicles may not be needed. Agenda this item for Tuesday. Council concurred to schedule the budget workshops beginning at 5:30 P.M. on August 9th and August 16th. 4. Discussion Re: Resolution No. 93-21, Adopting a tentative Proposed millage rate for the levy of ad valorem taxes for 1993. Mayor Salamone stated that once the resolution was adopted, the City could not raise the millage rate, but it could be lowered during the budget adoption process. Agenda this item for Tuesday. 5. Discussion Re: City purchase of lot located across from the Recreation Complex. Mr. Boucher advised that the thirty (30) day public notice required for the City to purchase property would be completed as of July 20th and if so directed, staff would secure the purchase of the subject property. He stated that the purchase price of $25,000 plus closing costs would be funded from reserves. Agenda this item for Tuesday. Mr. Boucher stated that he had spoken to Dicie Sherwin regarding the other two lots located across from the Recreation Complex and she had offered a purchase price of $52,500. Council concurred to offer $52,500 for the two lots with the seller paying the closing costs. 6. Discussion Re: Release and Settlement Agreement in the DeClue vs. City of Cape Canaveral lawsuit. Mr. Kancilia advised that Florida League of Cities had reached an agreement with the plaintiff and other defendants in the DeClue case for a settlement of $30,000, of which the City's share would be $10,000. The City's share would be paid by the self insurance fund through Florida League of Cities. Mr. Kancilia advised that the agreement needed only one change which was to include the City Council in the release of the parties stipulated in the first paragraph of the settlement. Agenda this item for Tuesday. 7. Discussion Re: Beautification Board's request to start Adopt - a -Tree Program. Mr. Boucher reported that the Beautification Board wanted to begin its Adopt -a -Tree program this fiscal year with the use of reserve funds. Mr. Randels explained the details of the program which • • City of Cape Canaveral, Florida City Council Workshop Meeting July 15, 1993 Page 4 included the planting of trees along the streets from Washington Avenue south to Johnson Avenue. He stated that there was currently $60,000 in the Beautification budget reserves. Mayor Salamone stated that the $60,000 was placed in the contingency reserves to save the money to complete a larger project and it had been agreed by Council that the funds would be kept for two years. She felt that the City was not ready to implement the Adopt -a -Tree program and she was against pulling funds from the contingency reserves for such a program. Mrs. Calvert stated that it appeared to some citizens that the Beautification projects were just touching certain areas and the use of the funds needed to be spread throughout the City. There was further discussion regarding the use of Beautification funds and the costs involved in the maintenance of various Beautification projects. Mr. Leo Nicholas stated that it was possible that the Board did not understand that the funds were put aside for major projects. Mayor Salamone stated that she would attend the next Beautification Board meeting to explain the reasoning behind accumulating funds for major projects. She also stated that perhaps the Board did not need to meet on a monthly basis, bi- monthly meetings would possibly be adequate. Mr. Nicholas advised that the August meeting had been canceled. Mr. Don Arabian stated that the Beautification Board needed an overall long -term plan and he expressed his opinion that only plants native to the area should be planted throughout the City with Beautification funds. A ten - minute break was taken at this time, after which the meeting reconvened. Mayor Salamone reminded Council that budget hearings would begin within the next month and there had been previous discussions regarding the increase of the utility tax from 8.53% to 10 %. She stated that the revenue from the 1.5% increase to the utility tax would net approximately $80,000. She reminded Council that the utility tax issue would be considered during the upcoming budget cycle. 8. Review of proposed changes to the recodification draft of the City's Code of Ordinances including the City Charter. City Ordinances, Land Development and Zoning Regulations as prepared by Municipal Code Corporation (scheduled for July 20, 1993, meeting beginning at 6:30 P.M.) Mr. Randels questioned the addition of "registered voter" as a requirement to be a City Board member. He also spoke in reference to boats being illegally parked or left on the beach or ocean dunes (Article I, § 74 -1, Travel on other than streets and highways). Mayor Salamone asked that the article under discussion be made more specific to include a prohibition against any vehicles including boats on the ocean dunes. Agenda this item for Tuesday. 9. Discussion Re: Referendum issues for November municipal election. Mr. Boucher questioned whether or not Council had any items which it wanted addressed as referendum questions on the upcoming November ballot. He stated that the police and fire millage rates were capped respectively at .50 and .25 mills and the City may wish to ask the voters to increase the police and fire millage to fund those operations. Mayor Salamone stated that the millage had only been in effect for two years and she felt it was not fair to approach the voters again for a millage increase. • • City of Cape Canaveral, Florida City Council Workshop Meeting July 15, 1993 Page 5 Mr. Don Arabian began a discussion relative to the possibility of reducing the maximum density allowed in R -3 residential zoning from fifteen (15) to eleven (11) units per acre. He explained his reasons for suggesting this possible referendum issue. Discussion followed regarding this matter. Mayor Salamone asked Mr. Arabian to present his figures regarding the density reduction to Council. Ms. Deborah Haggerty, City Treasurer, stated that the City staff had been discussing ways to increase the City's general fund revenue. She explained several of the options which had been discussed. Mr. David Sargeant, Fire Chief, expressed his opinion regarding the revenue necessary to fund fire protection services. Mayor Salamone stated that there was no support on Council for an increase in millage rates. There was further discussion regarding the police and fire millage. Chief Sargeant stated that,the police budget was proposed at one million for FY 93/94 and the revenue from the .50 mil tax was only $156,000 which provided that the remainder of the one million be funded from the general fund. There was discussion regarding the traffic light at the intersection of A1A and Central Boulevard. Council asked that signs be installed which read "Signal Ahead" prior to the intersection. Mr. Berger stated that there would have to be either extensive budget cuts or more money would need to be raised. Ms. Haggerty stated that during the budgeting process several options had been discussed for downsizing operations and she stated that the proposed budget was "bare bones ". Mayor Salamone stated that Council needed to review the entire budget before any decisions were made. She suggested adding this agenda item to the Council meeting agenda for the meeting following the second budget workshop. 10. Discussion Re: Land purchase for wetland project. Mr. Boucher stated that the City had secured an offer from Cevesco for 27.95 acres at $55,145 per acre for a total of $1,541,300 for the property located east of Tower Boulevard and south of Central Boulevard. Mr. Kancilia stated that the specifics of the purchase would be further negotiated including the requested paving of Tower Boulevard and which party involved would be paying the closing costs. There was discussion regarding whether or not it was necessary at this time to obtain two appraisals on the ten acres of riverfront property needed for the wetland project, and the number of acres needed for the wetland project with and without treatment of the Port's sewage. Council concurred to post the thirty (30) day notice on the purchase of both parcels. Mayor Salamone stated that Mr. Firkins needed to know that the City did not have the funds available to pave Tower Boulevard. Agenda this item for Tuesday. 11. Discussion Re: Wastewater Project Update. Mr. Kancilia advised that he had spoken to Harold Bistline, Attorney for the Canaveral Port Authority, concerning the proposed wholesale agreement between the City and the Port. He stated that the City may have an answer from the Port after its meeting on Wednesday, July 21st, regarding the Port's participation in the wastewater expansion /wetland project. He suggested that members of City staff and Councilmembers attend the meeting. Mr. Kancilia, representative from Hartman & Associates, Mr. Boucher, Michael Gluskin - Public Works Director, Mayor Salamone and Mr. Randels City of Cape Canaveral, Florida City Council Workshop Meeting July 15, 1993 Page 6 were planning to attend the July 21st meeting. Mayor Salamone stated that the City would be paying Mr. Kancilia and a representative from Hartman & Associates to attend the meeting. Mr. Kancilia advised that the Port had maintained for a number of years that Lambert Seafoods was the City's "special customer and not a part of the franchise agreement" because the City had signed an agreement with Lambert regarding the determination of how much of an impact fee was owed to the City. He stated that he had advised Mr. Bistline that it was the City's position that Lambert was a part of the Port and if a wholesale agreement was reached between the City and the Port that Lambert would be part of the wholesale contract. There was general discussion regarding pre- treatment as a requirement of the proposed franchise agreement. Mr. Boucher stated that if the Port was no longer part of the City's sewer system, the residential monthly sewer rates would be $19.28 based on an $8.2 million dollar project. He stated that Burton & Associates would be meeting with the Port on Tuesday, July 20th, and suggested asking Mr. Burton to attend the Council's regular meeting that evening to review the rate structures and different scenarios that would be presented to the Port at its Commission meeting scheduled for July 21st. Council concurred to add Burton & Associates to Tuesday night's agenda. Mr. Leo Nicholas advised that the points raised by Mr. Arabian needed to be included in the wholesale agreement with the Port. Mr. Boucher advised that the Port had expanded its administration building and had not paid any additional sewer impact fees and he would further research the matter with the Building Official. 12. Monthly Activity Reports No comments. 13. City Manager's Report. No comments. DISCUSSION: 1. Mr. Randels advised that VFW Post 10131 would be adopting State Road 401 (North Atlantic Avenue from George King Blvd. to SR A1A) and that the dedication ceremony was scheduled for Saturday, July 17th, at 10:00 a.m. Mrs. Calvert advised that a shuttle launch was scheduled for 9:17 a.m. that morning. Mr. Nicholas advised that he would attempt to reschedule the ceremony for earlier in the day. There ; brg nQ�,t�tr "ther business, the meeting adjourned at 10:02 P.M. _:4- / �" ' �. ✓�� d` p gib.- N- �._.�... aith G. Miller, EMC /AAE City Clerk a 74E'