HomeMy WebLinkAbout04-04-1995 Combined Workshop and Regular Meetingr
CITY COUNCIL
COMBINED WORKSHOP & REGULAR MEETING
April4, 1995
A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on
April 4, 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
Acting Deputy City Clerk Susan Stills Present
ADOPTION OF MINUTES:
1. Special City Council Meeting of March 16, 1995.
Motion by Mr. Randels, seconded by Mr. Petsos to approve the minutes of the Special Meeting
of March 16, 1995. 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. Regular City Council Meeting of March 21, 1995.
Motion by Mr. Petsos, seconded by Mr. Randels to approve the amended minutes of the Regular
City Council Meeting of March 21, 1995. 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. Discussion Re: The City of Cape Canaveral Zoning Map and Land Use Issues in the
Holman Road Area Presented by Mr. & Mrs. Farl McMillin.
Mr. Boucher opened presentation of the issue to Mr. and Mrs. McMillin and their attorney, Mr.
Frank Griffith. Mr. Griffith stated that there were two (2) problems being presented to Council.
The 1983 Zoning map showed three (3) lots above the R -3 zoning area when actually there were
four (4) lots. Mr. Griffith said that he spoke to Mr. Boucher and staff agreed that the last lot
to the south of the R -3 area was in the R -1 zone and owned by Ms. Sandra Butler. He said that
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City Council Combined Workshop & Regular Meeting
April 4, 1995
Page 2
the Butler property was just north of Costa Del Sol and was a single - family residential area.
He also said that staff agreed that there was a conflict with the City's zoning map and include
the Comprehensive Plan Land Use Maps, and that these maps were being redesigned by the City
to show that all property north of Costa del Sol was in the R -1 zoning area. Mr. Griffith
explained that Ms. Butler's property was on the County tax rolls as R -3 when in fact it was in
the R -1 zone. He said that the Building Department map outlined part of the property as R -1
and part as R. -3, but the property was not rezoned. Mr. Griffith requested that the maps be
corrected and that the City send a directive to Ms. Butler regarding the R -1 zoning of her
property. Mayor Porter asked if there were any other problems that needed to be addressed.
Mr. Griffith stated the issue of code enforcement action against the Butler property for activity
since January of 1995, had continued that involved the dumping of fill dirt in what may be
wetlands. He explained that construction equipment was being used which required permits to
develop the property. The ensuing development was in violation of City Code's, he requested
that Council direct Code Enforcement to site the landowner for violations of the City code. Mr.
McMillin then presented nine (9) photographs to Council taken over a period of time, some of
which depicted the mound of dirt erected by the construction equipment and the area he said was
considered wetlands in the City's Comprehensive Plan. Mr. McMillin stated that since
February, 1995, dump trucks had placed 20 yards of new fill material 4 or 5 feet west of a line
established for the wetlands area. He said that the Florida Department of Environmental
Protection (FDEP) had conducted an inspection, the results of which he was uncertain. He
stated that the City Ordinances were adopted to protect the 100 -year flood plain and portions of
his property and other abutting properties including Ms. Buter's were within that area. He said
the City ordinance stated that depositing of fill material was within the definition of development
but no development could be done without the issuance of a building permit, and Ms. Buter had
not been issued a permit. He said a sign was posted stating "no tresspassing, construction being
done," was an acknowledgment by the owner that the area was a construction site. Mr.
Nicholas asked if Photograph No. 2 showed one of the signs. Mr. McMillin said he thought so,
but was not sure. Mr. Nicholas questioned the last photograph which indicated some lines
stretched between the trees with red tape on them. Mr. McMillin said that he was told the
FDEP marked this boundary during its inspection and that Mr. Morgan, Building Official and
Mr. Tom Kleving, Building Inspector were aware of that boundary line.
Mayor Porter told Ms. Butler that she could respond at some point in the meeting. Mr. Charles
Hartley, 400 Holman Road, said that he was present when Council voted on Ordinance 19 -82
which enacted the zoning changes in the Costa del Sol area. He said that his interest in the
matter was to the zoning issue and the conflict it presented. He noted that the demarcation lines
from the past to the existing maps had marked differences. Mr. Nicholas said that the zoning
was changed when the Costa del Sol landowners requested their building permits and at the time
of the Comprehensive Plan adoption, the City should have generated a new zoning map to
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properly reflect the new zoning lines. However, with the Comprehensive Plan in revision this
should be corrected. Mr. Hartley said that Ms. Butler had a right to develop her property, but
in accordance with the City's codes and ordinances. Mr. Julian, another neighbor, concurred
with Mr. Hartley. Mayor Porter asked Ms. Butler if she would like to address her neighbors
concerns. Ms. Butler said that she had always thought the property was zoned R -1. She also
said that the construction equipment was only used to move the mound of dirt and all other
materials were removed with a wheelbarrow in an effort to restore vegetation.
Mr. Randels agreed that the drafting error which transposed the maps between 1975 and 1983
needed to be corrected, the tax structure error which placed Ms. Butler's property in Cocoa
Beach also needed to be addressed, and he was also concerned with the wetlands issue. Mr.
Boucher stated that the County Property Appraiser's office was redrafting a new zoning map to
be used a template for all future maps and Mr. McMillin's concern regarding the fill material
and the 100 -year flood plain would be researched. Mayor Porter asked Mr. Kleving to comment
on the issue. Mr. Kleving said that the Building Department was aware of two (2) loads of fill
material placed on the property and had notified Ms. Butler. Mayor Porter stated that
concerning the code violation of dumping and spreading of fill material and, in addition, the
possibility of the area being within the 100 -year flood plain were items that needed to be
addressed by Code Enforcement. Council directed the City Manager to proceed to investigate
these issues through Code Enforcement.
2. Discussion & Motion Re; Proposed Xeriscape Park.
Motion by Mr. Nicholas, seconded by Mr. Berger to accept the project as presented to Council
and that funds be allocated for implementation. Mr. Gluskin reviewed the outline of the
proposed park. He addressed Council's concerns reflected in a memo from the City Manager.
The first concern was security within the park and he said that he spoke to Lt. Salvo who
expressed that he wanted the park to be well lit and that he wanted a gate. Mr. Gluskin said that
a gate would be installed on the northwest portion of the property and street lights would be
installed on the utility poles with a wide enough radius to cover the entire park. The second
concern was oak trees being planted along the west side of the property instead of the proposed
bamboo screening. He said that the bamboo screen was initiated by the Beautification Board to
screen the park from the adjacent buildings, however, other options were available. He said that
oak trees could be planted between the bamboo screen and the oyster plant pond, or oak trees
could be purchased for the park, or oaks trees that were proposed to be removed due to the
library expansion could be transplanted to the park at a cost of $110 per tree. Mr. Gluskin
explained that the Beautification Board did not choose oak trees for the xeriscape park because
of their substantial water maintenance needs during the early years of growth. This seemed
contrary to the low maintenance xeriscape concept. The third concern was timed lighting for
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April 4, 1995
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the security lights and lights would be placed on photo cells that would extinguish at daylight
and not affect any surrounding properties.
Mr. Nicholas was concerned that the bamboo screening would not provide sufficient shade.
He felt that the oak trees being removed for the library expansion should be distributed around
the library. He commented that the futue reclaimed water system could be used to help maintain
oak trees and said that he would like to see vegetation such as oaks in the City. He asked Mr.
Gluskin how far back the proposed privet hedge on Taylor was to be placed. Mayor Porter
inquired if Mr. Nicholas' was concerned with parking during election time. Mr. Nicholas said
that the parking was a benefit to the handicapped persons. Mr. Randels asked if the approximate
cost of $6,500 for the park would come from the recycling fund and Mr. Gluskin said that was
correct. He stated that all of the lumber was recycled lumber to be used for the fences, bridge,
picnic tables and benches. Mr. Nicholas questioned strength of the lumber. Mr. Gluskin said
that the TREX recycled lumber could withstand the compressive load. Motion carried with
members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For; Mr. Berger,
For; Mr. Nicholas, For; Mr. Petsos, For.
3. Discussion Re: Stormwater Management and Setback Requirements for Single and Two -
Family Dwellings within the R -2 Medium Density Residential District.
Mr. Nicholas was concerned that the City's ordinances were not followed in construction of the
property on Poinsettia and Monroe Avenue. Mr. Boucher noted on a transparency the building
permit application for the subject property on January 3, 1995, to replace the existing sidewalk
and driveway on the property. He then noted a building permit issued by Mr. Kleving, on
January 9, 1995, that stated no increase in the final dimensions per the submitted plan and the
permit was finaled on January 16, 1995. Mr. Boucher then pointed to the submitted plan on a
transparency which showed a retention area on the side setbacks. He also showed an aerial
photograph which pictured a substantial amount of blacktop which was different from the
submitted site plan. Mr. Randels asked where the oversight occurred? Mr. Boucher said that
staff made an oversight by finalizing the permit. Mr. Nicholas asked what were the engineering
calculations on the amount of retention required. Mr. Boucher said that there were none
submitted with the original permit. Mr. Berger asked if there were any required in that zoning
area. Mr. Boucher said that according to City Ordinances a 1/2 -inch retention was required for
single - family and duplex homes. Mr. Berger asked was that requirement a 1/2 -inch runoff on
the entire property or the blacktopped area. Mr. Berger asked for clarification on the site plan
that was submitted. Mayor Porter asked Mr. Kleving to address this concern.
Mr. Kleving said that he did make an oversight, however, this was exempt under Section 90-
132. Mr. Kleving explained that the calculations for the designated retention area did not
include the runoff from the second property. Mr. Berger asked if there was a difference in the
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calculations from the originally submitted site plan's retention area to the site plan that included
the blacktop area. Mr. Kleving stated that the building official had the plans drawn by an
engineer and had Mr. Murphy identify the open sidewalk areas. Mr. George Firkins stated that
the property in discussion was substantially improved even though it was predominately asphalt.
Mr. Jeff Kammarude, drafter for Mr. Murphy, stated that since the City adopted Stormwater
Concurrency Management, drainage calculations for any property under three (3) units was not
required. He said that the only criteria was to meet the level of service standard and calculations
were done for the retention to meet the level of service standard, but there were no calculations
for drainage required. With the construction of the subject property, there was a 15 -foot
drainage easement to use the area on the adjacent property for retention and that was taken into
consideration for concurrency. He stated that the City only required 1/2 -inch retention if the
entire lot was impervious material and he said that the subject property was calculated at twice
the volume the City required. Mr. Kammarude said that he felt the property was over the
requirement for retention on both properties.
Mr. Nicholas asked what percentage of the lots was covered by impervious material. Mr.
Kammarude said that the calculation was based on the entire lot. Mr. Nicholas asked if both
lots were under one ownership? Mr. Kammarude said that they were. Mr. Randels asked for
clarification on the sequence of events. He was concerned that the Building Department
finalized a site plan which was different from the originally submitted plan. Mr. Randels read
Paragraph 4 under Section 91 -33 which stated that "any development within a subdivision if all
of the following conditions are met would be exempted," and Section (a) stated that "if the
stormwater management provisions for the subdivisions were previously approved by the City
and remained valid as part of the final plat." He also read that Section (b) stated "that the
development was conducted in completed accord with the stormwater management provisions
submitted with the fmal plat." Mr. Randels felt that the criteria for an exemption was not met.
Mr. Kleving said the calculations for the final plat were concurrent with the dimensions of a
single family dwelling. Mr. Bennett asked Mr. Kleving what his interpretation of the
stormwater management system in place. Mr. Kleving said all existing drainage. Mr. Bennett
asked if he meant the City's stormwater system. Mr. Kleving said yes. Mr. Bennett said that
that interpretation would render all drainage exempt in the City.
Mayor Porter asked Mr. Murphy what incurred between the submitted plan and the fmal plan.
Mr. Murphy said that the plans were not correct in scale. Mr. Berger stated that the revised
plan submitted and approved showed a 2 -foot area in the rear for retention which the
photograph did not depict. Mr. Randels commented that the revised plan was dated one week
after the final plan was approved. He also stated his concern regarding the easement between
the properties that was used for retention. Mr. Nicholas asked if there was any section in the
City code which addressed the substantial amount of blacktop used and he also wanted to know
if codes were being adhered to. Mr. Berger stated that the oversight incurred was due to
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interpretation of the ordinance. Mr. Randels was concerned that procedures were not followed
by staff. Dr. Charles Pindziak asked if matters such as this were routinely handled by a city
board or by Council. Mayor Porter said the Board of Adjustment would handle such matters.
Mr. Bennett explained that the City Code provided that Council could direct this item to the
Board of Adjustment through a public meeting such as this one. Dr. Pindziak was concerned
that certain people were being singled out at the discretion others and felt that what he observed
at the meeting was micro- management.
Mr. Boucher questioned if the swale could handle the retention on the subject property's lots.
Mr. Kammarude said the City had in its records a concurrency form which stated that the
property met the level of service standard, however, no calculations for stormwater concurrency
were given since they were not required by City ordinance. Mr. Boucher asked if the side
setback should be sodded? Mr. Kleving read from the City Code of Ordinances the definition
of a Setback as follows, "a required open space on the same lot with a principal building, which
space is unoccupied and unobstructed by buildings from the ground upward, except as specified
in sections 110 -468, 110 -538 and 110 -567. All required setback areas shall be landscaped with
greenery (sod) and shall be properly maintained." He said the Building Department had
requested that the verbiage in the setback definition be better clarified. He read the definition
of Terrace as follows, "an open space adjacent to the principal building on one or two sides,
prepared with a hard, semi -hard or improved surface, for the purpose of outdoor living" and this
verbiage could be applied to side area in discussion. Mr. Kleving read further under Section
110 -538, Encroachments, as follows, "Every part of every required setback shall be opened and
unobstructed from the ground to the sky, except as follows or as otherwise permitted in this
chapter, he noted paragraph (10) which reads, "open, enclosed porches, platforms or paved
terraces." Mr. Petsos asked Mr. Kleving to note paragraph (7) which read, "parking may be
located in a required front or rear setback for single - family and two - family dwellings." Mr.
Kleving commented that the area in question was not used for parking, but as a driveway.
Mr. Boucher said that he had questioned the Building Department on how a paved driveway
could be placed in a setback without a special exception in an R -2 zone. Mr. Kleving said that
no special exception was required since a garage could be built in the same area zoning area
without one. Mr. Randels expressed his concern with the manner procedures were followed in
issuing the permit and not with manner with the manner the developer built on the lot. Mr.
Boucher asked Mr. Murphy if he would be willing to add greenspace to the side setback. Mr.
Ed Miles, land surveyor, presented a scaled drawing of the subject property and said that the
difference of additional asphalt was 21 feet. Mr. Nicholas commented that Council set policies
in regard to building in the City and questioned if staff were following the procedures of those
policies. He also said that the City had a goal of encouraging aethestically pleasing development
and he felt that this structure was not concurrent with that goal. Mr. Carl Rhoda asked if the
developer broke any codes or violated a law and said that beautification could not be legislated
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into a city. Mr. Kammarude stated that laws which apply to development were subject to the
interpretation of City officials, the Building Department, and developers.
Mr. Bennett said the according to Administrative Review, the Board of Adjustment shall hear
and decide appeals where it was alleged there was an error in any order, requirement, decision,
or determination made by the Building Official in the enforcement of said Chapter. He said it
stated further that the appeal to the Board of Adjustment may be taken by the City Council,
Planning and Zoning Board, or any person aggrieved or affected by this decision. Mr. Bennett
asked if Council wanted to forward this matter to the Board of Adjustment as an appeal of the
Building Official's decision, but doing so would not be in favor of the applicant, or would
Council want to give a directive to staff in matters involving the Building Department. Mr.
Nicholas asked should development regulations be sent to the Construction Board of Adjustment
or the Board of Adjustment and Appeals. Mr. Bennett said the Board of Adjustment would hear
an appeal if it was Council's desire. Mayor Porter expressed his concern with the Building
Department's procedure in issuing the permit and asked Mr. Boucher for his recommendation.
Mr. Boucher said that he would like to discuss the possibility of more landscaping on the subject
property with Mr. Murphy. Mr. Berger asked Mr. Kleving to address the discussion. Mr.
Kleving said that some of the verbiage for setback requirements should be better clarified. Mr.
Randels expressed that the Planning and Zoning Board should address the verbiage clarification
issue. He said that the other issue to be addressed was procedures being followed by staff. The
majority of Council agreed that the paperwork procedures in issuing the permit needed to be
addressed and Mayor Porter directed Mr. Boucher to further investigate the matter. Mayor
Porter also said that Mr. Boucher and Mr. Murphy would be discussing a way to improve the
aesthetics of the property.
4. Resolution No. 95 -11. Requesting that the Florida Legislative Delegation Oppose the
Administration's Proposal to Remove from the Corps of Engineers Civil Works Mission Federal
Participation in Beach Restoration Projects.
Mayor read the title of the Resolution:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL REQUESTING THAT THE
FLORIDA LEGISLATIVE DELEGATION OPPOSE THE ADMINISTRATION'S PROPOSAL
TO REMOVE FROM THE CORPS OF ENGINEERS CIVIL WORKS MISSION FEDERAL
PARTICIPATION IN BEACH RESTORATION PROJECTS AND FLOOD CONTROL
PROJECTS WHICH ARE NOT CONSIDERED NATIONALLY SIGNIFICANT.
Motion by Mr. Nicholas, seconded by Mr. Petsos to adopt Resolution No. 95 -11. Mr. Randels
stated that President Clinton proposed to have the Army Corps of Engineers only serve on beach
restoration projects of national significance which would end their work with local beach
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restoration projects. He had received a letter that the Administration was in the process of
halting the Corps work without legislative authority. Mr. Nicholas asked if this would also cut
funding for the Corps of Engineers? Mr. Bennett explained it was the funding poriton of the
Corp's work that would end for community projects. Mr. Randels expressed that the Cape
Canaveral area benefitted from the Beach Renourishment 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. Resolution No. 95 -12, Endorsing the Location of a Veterans Administration Hospital in
Brevard County. Florida.
Mayor Porter read the title of the Resolution:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ENDORSING THE LOCATION OF A VETERANS ADMINISTRATION
HOSPITAL IN BREVARD COUNTY, FLORIDA.
Motion by Mr. Nicholas, seconded by Mr. Petsos to adopt Resolution No. 95 -12. Motion
carried with members voting as follows: Mayor Porter, For; Mayor Pro Tem Randels, For;
Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Petsos, For.
6. Discussion Re: Reducing /Eliminating Impact Fees for New Businesses.
Mr. Randels asked the other members of Council is there was support of the discussion to
reduce or eliminate the impact fees. Mr. Petsos asked if the exemptions would favor renovated
businesses or construction of new businesses. Mr. Randels said that the County proposed to
exempt any building or structure that was replaced with a new building or structure of the same
size and use. Mayor Porter was in favor of a reduction for light manufacturing industries that
would increase better paying employment opportunities in the community. Mr. Berger expressed
his concern that a service industry, such as a restaurant, that wished to increase its capacity and
work force may be confronted with increased impact fees. Mr. Nicholas commented that a
professional study needed to be done before any impact fees could be reduced. Mr. Petsos
stated that this past November, Titusville passed a referendum on impact fees. Council directed
the City Manager to obtain a copy of that referendum for its review and directed that the City
Manager and City Attorney do further research on the subject for they discuss the issue.
Mr. Russell Ward expressed that one of the Business Alliances's goals was to increase small
businesses in the City. He explained that the paying impact fees posed a problem for some
individuals starting new businesses and said perhaps this fee could be paid over a period of time.
Mayor Porter said that a time payment program was already in effect. Ms. Mona Jason and her
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partner were present and said that they were in the process of opening a Sunseed Natural Food
Cooperative. She explained that the present impact fee of $300 per seat had caused them to
limit the number of seating in their restaurant. She asked that they be informed of the next
meeting where Council would discuss reduction or elimination of the fees. Mr. Berger stated
that because the patrons of the Food Cooperative would be seated in in the area surrounding the
development, according to the City's ordinance the developer should absorb some of the seating
cost. Mr. Nicholas commented that in other cities, in order to minimize impact fees a credit
was given for the use of disposable utensils used to decrease the water comsumption of
dishwashers. Ms. Jason commented that the formula used to determine the number of gallons
of water for commercial use was based on residential occupancy. Mr. Nicholas stated that the
formula was based on a table from the Environmental Protection Agency. He asked Ms. Jason
when the Co -op would open. Ms. Jason said some time in June. Mr. Nicholas asked if Ms.
Jason if she had spoken to the Building Official. She said that the Building Official told her that
the impact fees should be paid before occupancy. Mr. Bennett read Section 78 -124 regarding
payment of impact fees. Discussion followed on whether eliminating or reducing the impact fees
could be be scheduled for a future workshop after staff had further time to investigate the issue.
7. Discussion and Motion Re: Brevard County's Request to Waive Impact Fees for the
Library Expansion Project.
Motion by Mr. Randels, seconded by Mr. Petsos to waive the impact fees for the Cape
Canaveral library expansion in the amount of $4,306.38. Mr. Nicholas stated that waiving the
fee would express the City's interest in the library expansion project to the County officials.
Mr. Nicholas asked the City Attorney if the City had the ability to waive the impact fees. Mr.
Bennett stated that the library was a public purpose, not for profit business and he believed that
the impact fee was waived with initial construction of the library.
Mr. Berger commented that the 45th Support Wing Restoration Advisory Group, as well as other
special purpose groups in the community, were in need of a meeting room and he was also in
support of waiving the impact fee. Mr. Nicholas stated that a meeting regarding the budget
would be held on April 5th, at 4:30 P.M. and said that waiving the impact fees could be
presented there. Mr. Nicholas asked if Council needed verbiage in the motion to express that
Council would consider waiving the impact fees in the best interest of the City. Mr. Bennett
said that it would help to clarify the motion. First motion repealed.
Motion by Mr. Randels, seconded by Mr. Petsos to waive the impact fees for the Cape
Canaveral in the amount of $4,306.38 for the library expansion due it being a public purpose
structure. Mr. Randels said the Commissioner Scott Ellis would speak at a meeting on April
5th regarding the purposed budget and Mr. Ellis was concerned that the library projects were
exceeding the permissible $1 million budget.
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Mr. Donald Haynes stated that the idea waiving the impact fees for a not - for - profit business was
well intended, but could not see the equity in charging businesses impact fees because they
experience a profit. Mayor Porter explained that impact fees were part of the revenue used to
maintain city infrastructure. Motion carried with members voting as follows: Mayor Porter,
For; Mayor Pro Tem Randels, For: Mr. Berger, For; Mr. Nicholas, For; Mr. Petsos, For.
S. City Manger's Report
Mr. Boucher stated that the wastewater treatment plant's lowest bid was substantially higher than
the City engineer's estimate. He said of the 43 companies purchased bid packages and 3 made
bids. Mr. Boucher stated that Mr. Revoir would be available for the workshop meeting on April
13th to answer any of Council's questions. He said that he would research additional funding
and he had an upcoming meeting with the permitting agency to obtain an extension. Mr.
Nicholas asked if there was a time limit on the on the loan. Mr. Boucher explained that the
permitting agency needed a projected construction schedule and the City would need to adhere
to that schedule. Mayor Porter suggested that Council listen to Mr. Revoir's recommendations
before awarding the bid. Mr. Berger explained that the construction industry was experiencing
an increased supply and demand and the bidder may have proposed a bid with a percentage that
could cover unforseen cost. A majority of Council agreed to discuss the project with Hartman
and Associates at the meeting on April 13th before awarding the bid.
Mr. Boucher announced that the St. John's River Water Management approved the City water
conservation plan.
Mr. Boucher commented on the proposed neighborhood park in the Long Point Road area. He
said that three (3) sites were suggested and further research with the regulatory agencies was
necessary before planning. Mr. Nicholas said that the park would not address the need of the
people who live on Columbia Drive. Mayor Porter said that there were three (3) potential sites
in review and an easement on abutting properties on Long Point Road would give access to those
people on Columbia Drive..
Mr. Boucher announced the completion of the 360 -foot eastern portion of Tower Blvd.
Mr. Boucher said that while working with the County Property Appraiser he noted the properties
were bisected with boundary lines and asked if Council wanted this corrected. Mr. Berger asked
how many were properties bisected these lines. Mr. Boucher said a significant number along
A1A on the west side where commercial proeprty abutts residential, and he felt that the changes
should be made while the zoning map was in revision. Mayor Porter asked him when would
he have enough research for Council's review. Mr. Boucher said that he would present his
findings to Council in a month.
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Mr. Boucher announced that there were 136 guests for the Volunteer Appreciation Banquet
scheduled for Saturday, April 8th.
Mayor Porter asked if anyone in the audience had any concerns they would like to address. Ms.
Sandra Butler asked if the City of Cape Canaveral would pursue collecting the taxes she paid
to the City of Cocoa Beach. Mr. Boucher said that he was investigating the matter and he would
contact Ms. Butler if there were any results.
Lt. Salvo announced that the Crime Tips Hotline was installed. He also said that 20 people were
present for the Citizens Observers Program (COP) and he received 11 applicants. His goal was
to have the program ready by the beginning of June when the school was closed. He said that
Cpl. Bob Barry was working with Stottler Stagg to lower the speed limit on A1A.
Mr. Randels acknowledged two former mayors in the audience.
Mr. Berger commented on the Ridgewood Avenue extension and proposed development on the
north end of the city. He requested that this item be placed on the next workshop agenda. Mr.
Berger said that due to the increased cost of the sewer plant expansion Council may wish to open
discussion with the Port for future negotiations. He also informed those present on the
activities of the Restoration Advisory Board's work in cleaning up hazardous materials.
Mr. Nicholas questioned the proposed development on the north end of the city. Mr. Berger
said that land had been purchased by a developer for future construction. Mr. Bennett explained
that staff could discuss development at a public meeting but without presentation or feedback
from Council. Mr. Nicholas also asked for a status report on the Port's Internal Improvement
Fund property.
Mr. Patrick Lee asked that the Ocean Woods and Harbor Heights residents should be contacted
before discusison of the Ridgewood Avenue extension. Mayor Porter suggested that Council
listen to recommendations from the Local Planning agency on this issue. Mr. Randels stated that
the Local Planning Agency would address the issue before it was presented for Council's review.
Mr. Petsos asked Mr. Randels for further information from Tallahassee on House Bill No. 5
which would open communication among elected officials, developers and citizens. Mr. Petsos
expressed that picking up the agenda at City Hall was more convenient than mailing the agenda
before the meeting. He also commented on mailing the Tuesday agenda which is also in
Council's agenda packet. The majority of Council agreed not to mail agenda before the Tuesday
meetings.
ADJOURNMENT:
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There being no further business the meeting adjourned at 10:10 P.M.
Approved this 18th day of April , 1995.
ATTEST:
ohn K. Porter, MAYOR
Susan Sti lls, Acting Deputy City Clerk