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HomeMy WebLinkAbout02-21-1995 Regular Meetingr CITY COUNCIL REGULAR MEETING February 21, 1995 A Regular Meeting of the Cape Canaveral City Council was held on February 21, 1995, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Porter. ROLL CALL: Mayor John Porter Present Mayor Pro Tem Rocky Randels Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Buzz Petsos Present City Manager Bennett Boucher Present City Attorney Kohn Bennett Present City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of February 7, 1995. Motion by Mr. Randels, seconded by Mr. Petsos to approve the minutes of the Regular City Council Meeting of February 7, 1995, as presented. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. PUBLIC HEARINGS: 1. Ordinance No. 01 -95, Repealing Chapter 2, Administration. Section 2 -28, Councilmembers' areas of interest. for second and final reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 2 -28, COUNCILMEMBERS' AREAS OF INTEREST; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Petsos, seconded by Mr. Nicholas to adopt Ordinance No. 01 -95 at second and final reading. Mr. Randels briefly expressed his concerns regarding the original intent of the designation of areas of interest. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 2. Ordinance No. 02 -95. Vacating a certain alleyway located within the City. Petitioners - Jim Peeples, Paul & Marcia Freeman. for second and final reading. I City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 2 Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING A CERTAIN ALLEYWAY LOCATED WITHIN THE CITY; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR AUTHORITY OF THE CITY TO EXECUTE A DEED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Petsos to adopt Ordinance No. 02 -95 at second and final reading. Mr. Boucher stated that Council had received memos from the Building Official and Fire Chief addressing previous concerns expressed by Councilmembers. He suggested that Council make it a condition for the approval that the water line be upgraded. He stated that the City of Cocoa would also ensure that there was an adequate water supply to the area. Mr. Nicholas stated that his main concern had not been addressed which was the looping of the water supply system which would provide more constant pressure and keep the lines flushed out which would in turn reduce the possibility of allowing sand and chemicals to build up at the end of the water line. He stated that in the past it had been recommended by the Fire Dept. that all of the "ends be looped". He supported having an easement through the property to allow for the future possibility of looping the water system. He did not want the City to give up all of its rights and wanted to see something in writing that the developer had provisions for providing a utility easement through the property in the event that the City needed to loop the water system. Mr. Boucher stated that in order for Cocoa to complete the engineering portion of the project, it would need to receive complete plans which had not been submitted as of yet. Mr. Nicholas did not foresee a problem with adequate water pressure. Mr. Kohn Bennett stated that the City did not know what the developer intended to do with the property, whether or not there would be any improvements over the vacated alleyway. He stated that maybe these issues should be addressed during the site plan approval process and that Council could make the vacation of the easement contingent upon site plan approval to provide adequate utility easements to ensure looping of the water system if necessary. Motion by Mr. Porter, seconded by Mr. Nicholas to table Ordinance No. 02 -95. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 3. Ordinance No. 03 -95, Amending City Code of Ordinances.. Section 82 -32, to place a time limit on the validity of building permits. for second and final reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, r City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 3 FLORIDA; BY PROVIDING AN ADDITIONAL AMENDMENT TO THE LIST OF AMENDMENTS IN SECTION 82 -32, AMENDMENTS OF THE CITY CODE OF ORDINANCES, TO PLACE A TIME LIMIT ON THE VALIDITY OF BUILDING PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 03 -95 at second and final reading. Mr. Boucher explained that the ordinance placed a time limit of three (3) years on all construction in all zoning districts, and required substantial completion of the exterior and landscaping and an extension to the time limit could only be granted by City Council. Mr. Randels questioned the wording "substantial completion" of the exteriors and landscaping and whether or not substantial completion was easily identifiable. Mayor Porter supported changing "substantial" to "100% completion of exterior ". Discussion followed regarding the use of substantial or 100% completion. Motion by Mr. Randels, seconded by Mayor Porter to amend the Ordinance to change the word "substantial" in the third sentence of Section 103.6.1 to "complete ". Motion carried on the amendment with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. Motion carried on the main motion with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 4. Ordinance No. 04 -95, Amending City Code of Ordinances. Section 70- 29(a). Levied. re: change in the wording for the levying of a public service tax. for second and final reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 70- 29(a), THE LEVYING OF A PUBLIC SERVICE TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Petsos to adopt Ordinance No. 04 -95 at second and final reading. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Ordinance No. 05 -95. Amending City Code of Ordinances, Section 38- 2(d)(1)(a). Fire Safety Fees, to provide for reduced fire safety fees, for second and final reading. Mayor Porter read the title of the Ordinance. r City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 4 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 38 -2 (d), FIRE SAFETY FEES, TO PROVIDE FOR REDUCED FIRE SAFETY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 05 -95 at second and final reading. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. NEW BUSINESS: 1. Motion Re: Authorization to allow City Engineers, Stottler Stagg & Associates, to develop a City Complex Conceptual Plan. Motion by Mr. Randels, seconded by Mr. Petsos to authorize the City Engineers, Stottler Stagg & Associates, to develop a City Complex Conceptual Plan at a cost not to exceed $5,100 and that the funds would be appropriated from the General Fund Contingency. Mr. Randels questioned a time frame for the completion of the project. Mr. John Pekar, Vice President of Stottler, Stagg, stated that the time frame for completion would be less than two (2) months with alternative concepts ready for presentation to Council in 3 -4 weeks. Mayor Porter asked that the City Engineer look at very short term solutions for office space for City employees and volunteers. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 2. Motion Re: Authorization to allow City Engineers. Stottler Stagg & Associates, to prepare a SR A1A Redevelopment/Beautification study. Motion by Mr. Randels, seconded by Mayor Porter to authorize the City Engineers, Stottler Stagg & Associates to prepare the design concepts for a SR A1A Redevelopment/Beautification study at a cost not to exceed $21,700 and that the funds would be appropriated from the General Fund Contingency. Mr. Berger stated that Task No. 1 did not specify that research would be completed on mechanisms to finance the project. He advocated that research be conducted on ways to finance the redevelopment prior to additional funds being spent on studies. Mr. Boucher stated that the City had recently become members of the Florida Redevelopment Association and he had spoken to Carol Marchner who had advised that there were not many grants available for funding redevelopment and the only grant available was the Highway Beautification Grant. He stated that the other two (2) main sources of funding redevelopment were tax increment financing and front foot assessment. Mr. Boucher stated that the City needed to have a Redevelopment Plan in place prior to requesting any grant funds. Mr. Berger I City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 5 stated that he did not want to spend $21,000 if there were no funding mechanisms available to complete the redevelopment. Mr. Roy Cowell, Stottler Stagg, stated that Task 4 of their proposal would include research of funding mechanisms. He stated that there were two different approaches that could be used when attempting this project: 1) what amount of money was available and then gear the overall design effort and the program to the money that's available or 2) design what the City wanted to do and then go find the money to complete those tasks. He stated that Stottler Stagg proposed investigating what the community wanted to do first, compile the facts, and then find the monies to complete the type of projects that the community and Council wanted. Mayor Porter stated that there was money available and the challenge that the City needed to face was getting the manpower to delve into the funding mechanisms and submit the required applications. Mr. Berger stated that he saw different challenges in that Stottler Stagg could design a $30 million or a $2 million dollar beautification plan for A1A. He questioned how far the City would take the project and whether or not the County would be involved for the Avon - by- the -Sea area at the north end of the City. He advocated that the City give the Engineers more guidance and direction as to how far the City wanted redevelopment to go and he wanted Council to determine the magnitude of the redevelopment plan. Mayor Porter stated that he was not in favor of postponing the redevelopment plan any longer. Mr. Randels questioned if the City was committed to completion of the redevelopment plan. Mr. Cowell stated that Council needed to have a plan from which it could select line items and mechanisms for funding that it wished to pursue. He stated that the City could not pursue grants or funding until it was decided which items the Council wanted to support. Mayor Porter stated that the City had not even reviewed the possibility of leveraging beautification funds, tax increment financing or assessment financing. Discussion followed regarding funding mechanisms and the arguments for and against preparation of a Redevelopment Study. Mr. Nicholas stated that he could commit to completing the study, but he could not commit to following all the dictates of the study until costs and feasibility of various aspects of the study were researched. Mr. Petsos commented that the City needed to get a game plan in place and if the City could get some businesses interested in filling the vacant commercial buildings within the City then the City would see the funds it spent on redevelopment return to the City in benefits from a stable economic community. Motion carried with members voting as follows: Mayor Porter For Mayor Pro Tem Randels For Councilmember Berger Against Councilmember Nicholas For Councilmember Petsos For City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 6 Mayor Porter changed the order of the agenda at this time. 6. Resolution No. 95 -09, Expressing support for the Brevard County School Board Referendum. Mayor Porter introduced Mr. Jeff Hoyt, Chairman of the Brevard County School Board Capital Outlay Committee Team. Mr. Hoyt gave a presentation which outlined the following points relative to the history of the Brevard County School system and the upcoming Board Referendum: 1) Objectives 2) Committee Membership 3) Capital Planning Process 4) Income Sources for Capital Projects 5) Capital Funding Allocation FY 94/95 6) Capital Project Allocation FY 94/95 7) Capital Needs - $488 Million 8) Central Area Needs - Capital Planning 9) Bond Issue Constraints 10) Revenue with $350 Million Bond Issue 11) Recommended Capital - $378 Million 12) North Area Recommended Projects /Schedules (Cape View Elementary) 13) Central Area Recommended Projects /Schedules (Cocoa Beach High & Roosevelt School) Councilmembers addressed questions relative to the Bond Referendum and the school system in general to Mr. Hoyt and he responded to same. Mayor Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; EXPRESSING SUPPORT FOR THE BREVARD COUNTY SCHOOL BOND REFERENDUM TO BE PRESENTED TO BREVARD COUNTY VOTERS AT A SPECIAL ELECTION TO BE HELD ON MAY 2, 1995; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 95 -09. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 3. Motion Re: Award of Bid No. 95 -01, Re- Greening of Cape Canaveral. Motion by Mr. Nicholas, seconded by Mr. Randels to award Bid No. 95 -01 to Singhs City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 7 Transportation & Turf of Cocoa, Florida in the amount of $15,855.00 in Section 1; $10,000.00 in Section 2; and $5,800.00 for the 1st year, $4,000.00 for the 2nd year, and $3,000.00 for the 3rd year in Section 3. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 4. Motion Re: Authorization to proceed with Citizens on Patrol Program. Motion by Mr. Petsos, seconded by Mr. Nicholas to approve the Citizens on Patrol Program with an amount not to exceed $5,000 from the General Fund Contingency for the first year of the program. Mayor Porter stated that he hoped the City would be looking for support from the community to also assist in funding this program. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 5. Motion Re: Waiver of shuffleboard court fees from Brevard County Special Olympics. Motion by Mr. Nicholas, seconded by Mr. Petsos to waive shuffleboard court fees for Brevard County Special Olympics to be held on Sunday afternoons from 1:30 - 2:30 p.m., starting mid - March through the end of June. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 7. Ordinance No. 06 -95, Amending City's Code of Ordinances. establishing Section 74 -63, Brevard County's Civil Traffic Infraction Hearing Officer Program adopted. for first reading. Mayor Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 74, TRAFFIC AND VEHICLES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES BY ESTABLISHING SECTION 74 -63, BREVARD COUNTY'S CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM ADOPTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mayor Porter for adoption of Ordinance No. 06 -95 at first reading. Motion carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For. 8. City Manager's Report. Mr. Boucher stated that he would be receiving two (2) sets of the building plans for the library City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 8 expansion and he would be asking the Building Official to review the plans. He advised that the County would like the City to waive the building permit fees for the expansion project and he would advise Council as to the total amount of projected permit fees for the project after the Building Official's review. Mr. Boucher stated that the RFP on the Employee Benefits Package was opened that day and numerous insurance companies had submitted proposals and that it would require a significant amount of time to review the details of the proposals and to submit a recommendation to Council. Mr. Randels displayed the new Keep Brevard Beautiful t -shirt design and announced that the Adopt -a -Shore Program had a new participant, a firm called The Connection, which had adopted the shore line from Cherie Down Park to Polk Avenue. Mr. Randels commented on the Clinton proposal to shift the Army Corps of Engineers' efforts to national interests which would affect local projects. Mr. Randels stated that he had attended a Florida Land Development planning session in Tallahassee. He stated that the first draft of the Plan would be in the City Manager's office if Council wanted to review same. Mr. Petsos stated that he had met with Western Waste personnel and that they were developing a new form to track complaints, both direct complaints to the City and complaints that were called directly to the company. Mr. Petsos remarked that there were the appearance of what looked like sink holes on the beach and he suggested that the Port issue some warnings along the beach until the transferred sand settled. Mr. Nicholas stated that there was an abandoned Buick in the road right -of -way on Atlantic Avenue. Mayor Porter stated that the vehicle would be removed by the next morning. Mr. Nicholas stated that he felt the procedures for removal of abandoned vehicles should be quicker. Mayor Porter asked the City Manager to issue a memo to Code Enforcement and the Sheriff's Dept. reflecting that Council wanted strict enforcement on abandoned and junk vehicles to Code Enforcement and the Sheriff's Dept. Mr. Berger expressed congratulations to Mr. Randels for his recognition for his efforts on behalf of the Tourist Development Council. Mr. Berger questioned the letter received from Mr. James. H. Kingston regarding International Drive and Mr. Boucher stated that he needed more time to research the validity of the deed and Mr. Kingston's request. City of Cape Canaveral, Florida Regular City Council Meeting February 21, 1995 Page 9 Mr. Berger questioned the status of the Ocean Woods buffer zone issue. Mr. Boucher stated that he had met with Mr. Lewis, Ocean Woods Homeowners Association President, and he had provided the City with copies of what the Association was doing to police itself in terms of what the residents were placing within the buffer zones. He expressed that he felt the situation was under control through the Association's efforts. Mayor Porter stated that there was a dinner scheduled for Sunday, February 26, 1995, at the Radisson Resort in recognition of former Congressman Bacchus and he expressed that it would be a good idea to prepare a Proclamation to present to Mr. Bacchus expressing the City's appreciation. Council also concurred to plant trees in Mr. Bacchus' honor during the upcoming Arbor Day celebration. Mayor Porter stated that a citizen had expressed to him that the City should plant flowers (annuals) around Veteran's Park to brighten it up some. He asked the City Manager to pursue the matter. ADJOURNMENT: There being no further business, the meeting adjourned at 8:47 P.M. Approved this 7th day of March , 1995. hn K. Porter, MAYOR