Loading...
HomeMy WebLinkAboutMinutes 03-10-1994 WorkshopCITY COUNCIL WORKSHOP MEETING March 10, 1994 A Workshop Meeting of the Cape Canaveral City Council was held on March 10, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present BUSINESS: 1. Interview of prospective Boardmember. Mr. Kancilia addressed several questions to Mr. Burt Bruns, who was interested in serving as a Boardmember on the Commercial Development Board. Agenda a resolution for a board appointment for Tuesday. 2. Discussion Re: Resolution No. 94 -09. Authorizing the Mayor and City Clerk to enter into an agreement with the City of Cocoa Beach for sewage effluent reuse. Mr. Boucher explained that the term of the agreement was for 20 years which would coincide with the loan agreement with the State. The agreement required an initial distribution amount of 750,000 gallons per day which could be negotiated every three years. Mr. Boucher addressed concerns Cocoa Beach had with the agreement including the item on page 4 which referenced acquisition of an easement or right -of -way within the municipal boundaries of the other party, and the reference to "No Man's Land" on page 7. Mr. Boucher recommended that the second sentence of Item 7, Sub - section (a), Page 4 and the last sentence of Item 8, Page 7 be deleted. Council concurred with Mr. Boucher's recommendation. Mr. Boucher commented that he hoped that Cocoa Beach would discuss the agreement at its upcoming Council workshop meeting scheduled for Tuesday, March 15th, and that Cape Canaveral would approve the agreement at its regular meeting scheduled for March 15th. He stated that April 1, 1994, was the deadline for exercising the option contract on the wetlands property. Agenda this item for Tuesday. 3. Discussion Re: Resolution No. 94 -10. Authorizing the Mayor and City Clerk to enter into a water franchise interlocal agreement with the City of Cocoa. City of Cape Canaveral, Florida City Council Workshop Meeting March 10, 1994 Page 2 Mr. Boucher stated that concerns had been expressed regarding the surcharge applied to non- residents of the City of Cocoa for the supply of water. He explained that proposed legislation limited the surcharge to 10 %; amounts above 10 %, up to 25 %, would have to be justified by a rate study. Mr. Boucher commented that Appendix A to the proposed agreement contained the monthly rates for water usage through January 1, 1996. He stated that the rates were set by three year increments to service Cocoa's bond debt. There was general discussion regarding the surcharge charged to non -Cocoa residents. Mr. Nicholas referenced verbiage on page 7 of the agreement relative to a utility tax being included on the bill subject to any administrative expense charged by the City of Cocoa. He stated that he had suggested applying a utility tax to water. He questioned if the proposed agreement precluded the City from conducting its own water billing in order to eliminate the administrative expense charged by Cocoa. Mr. Kancilia stated that the wording did not preclude the City from conducting its own billing. Mr. Boucher commented that wording should be included in the agreement which defined the amount of administrative charge that would be applied to the bills if the City did elect to implement a utility tax on water. Agenda this item for the next regularly scheduled City Council workshop meeting. 4. Discussion Re: Resolution No. 94 -11. Appointing an alternate member to the Zoning Board of Adjustment. Agenda this item for Tuesday. 5. Discussion Re: Resolution No. 94 -12. Opposing reduction in the federal operating assistance for transit programs in the fiscal year 1995 budget. Mr. Randels stated that the Federal government had proposed cutting the funds for transit programs for the 94/95 fiscal year budget. Mr. Porter stated that individuals were concerned about reducing the federal budget deficit, yet when the reduction of funds impacted their programs then citizens were quick to react against the reductions. Mr. Randels stated that he would research the matter further. There was further discussion regarding alternate means of providing transportation to area residents such as mini -vans as opposed to full scale buses. Agenda this item for Tuesday. 6. Discussion Re: Resolution No. 94 -13. Revising the fee schedule for zoning petitions, ordinance amendments. special exceptions. variances and appeals. Mr. Boucher stated that the fees for various applications for special exceptions, variances, and zoning requests were $100.00 each and had not been increased since 1983. He stated that the proposed fees were in line with what other communities within the area were charging for similar requests. Mr. Porter expressed his concerns regarding trying to encourage quality redevelopment within the City and increasing fees at the same time. Mr. Nicholas questioned the attorney charges included in the normal fees. He questioned if two (2) hours of consultation with the City Attorney was necessary since the Building Official should be responsible for City of Cape Canaveral, Florida City Council Workshop Meeting March 10, 1994 Page 3 reviewing the application(s) as applicable to the City's zoning ordinances. Mr. Porter supported increasing the fees based on 1983 dollars or increase the fees based on cost of living increases. He and Mr. Nicholas did not support raising the fees to $300.00. Mr. Boucher commented that the applicants should be billed the actual cost of processing the zoning requests. There was further discussion regarding the proposed increased fees. Mr. Porter suggested that staff further review the proposed increases. Agenda this item for the next regularly scheduled City Council workshop meeting. 7. Discussion Re: Ordinance No. 11 -94. Revising Article XXIVVSec. 8, Nepotism, of the City of Cape Canaveral Charter. Mr. Randels commented that the proposed ordinance would allow the City to exactly follow the State Statutes regarding nepotism. Mr. Kancilia stated Mr. Randels' interpretation was correct with one modification on page 2, section (b), first sentence of the ordinance which included a carryover from the original City Charter and that provision was more restrictive than the State Statutes. Mr. Nicholas referenced the term "salaried" in the aforementioned sentence and he questioned which City employees were considered to be salaried employees. Mr. Kancilia stated that the salaried position included individuals who were guaranteed a certain wage regardless of the number of hours worked. Council concurred to have the term changed to "paid". Mr. Kancilia stated that the proposed ordinance removed the restriction of having family members serving on different Boards. Mr. Porter commented that the proposed ordinance would certainly become a political issue. Mr. Nicholas affirmed that the City's nepotism provisions should have matched State Statutes from the beginning. Mr. Randels questioned if the proposed ordinance could be worded in a more forthright, simpler manner such as "the City of Cape Canaveral shall adopt the Florida Statutes on nepotism". There was further discussion among Council regarding the actual wording of the proposed referendum. Mr. Porter stated that the people had voted against nepotism and that the City Council was against nepotism as well and now the City was proposing a referendum question to allow that the City followed the State Statutes regarding nepotism. He asked Mr. Kancilia to simplify the wording included in the ordinance. Mr. Kancilia stated that Section 112.3135, Florida State Statutes, was the only section on nepotism; the other sections of Chapter 112 had to do with conflict of interests and other ethical matters. Mr. Randels read the wording of the proposed referendum which allowed for "repealing the restriction on appointment of immediate family members ... to boards, commissions, and special districts... ". Mr. Kancilia stated that the wording regarding repealing of the restriction was required by State law; without it the Charter amendment would be invalid. He stated that he was restricted by a 75 -word limit for the referendum and he would continue to work on wording of the referendum to fairly state what the actual Charter amendment entailed. Council concurred to schedule the item for discussion at the next regularly scheduled Council workshop meeting. City of Cape Canaveral, Florida City Council Workshop Meeting March 10, 1994 Page 4 8. Discussion Re: Ordinance No. 12 -94. Amending City's Code of Ordinance, Chapter 626, Life Safety Code. to adopt the 1991 edition of the Life Safety Code. Dave Sargeant, Fire Chief, explained that the City had been working from the 1985 Life Safety Code, which needed to be updated to the 1991 revisions of the Life Safety Code. Agenda this item for Tuesday. 9. Discussion Re: Deleting Section 611.03. Standpipe Section Amended. Chief Sargeant explained that the City had a very serious problem with its Standpipe Code which required all residential units 25' or more to be equipped with a Class III Standpipe System. He stated that the current Code was above and beyond what was required by the 1993 Edition of the SBCCI Fire Prevention Code. He stated that Standpipe requirements were necessary for three (3) story condominiums, but not single family residences. He explained that the State of Florida had mandated that all residential three (3) story buildings with more than two (2) units be fully sprinkled. Chief Sargeant recommended that the provision included in Section 611.03, of the City's Code be repealed. Council concurred to have an ordinance prepared for Tuesday's meeting to repeal said section. 10. Discussion Re: Economic Development meeting scheduled for March 31, 1994. Mr. Porter stated that an agenda for the March 31st meeting had been included in Council's packets for their review. Mr. Boucher stated that Mr. Fishback exhibited a willingness to help spread the word regarding the upcoming meeting to the Businessman's Association and copies of the agenda would be provided to him for mailouts. Mr. Porter stated that Dr. Ellen Rosell, instructor at the University of Central Florida (UCF), asked to bring her Public Administration class to the meeting. He explained that the idea was to get the students interested in what the City was attempting to do for redevelopment in case there was a possibility of having the students work on redevelopment projects as part of their coursework. Mr. Porter explained the outcome he hoped for from the Redevelopment meeting which was to establish an Ad -Hoc Committee and /or utilize the Commercial Development Board to focus in on redevelopment issues with a 2 -3 month timeline to present a recommendation to the City Council for a Redevelopment Agency for the A1A corridor. He stated the redevelopment process would involve a minimum of 3 -5 years in long -range planning. 11. Discussion Re: Developers' responsibility to pay for infrastructure items caused by new development. Mr. Boucher stated that Council had questioned what could be done to ensure that developers paid their fair share of infrastructure costs due to new developments within the City. Mr. Nicholas stated that Council needed to establish written policies regarding the developer's responsibilities for infrastructure costs. There was discussion regarding concurrency management, developers' responsibilities to pay for infrastructure needs caused by new 411 • City of Cape Canaveral, Florida City Council Workshop Meeting March 10, 1994 Page 5 developments, requirements that new roads be built to City specifications, City's responsibility to bring the road to the development, development impacts on concurrency management, and the costs involved in providing water /sewer lines to the northernmost portion of the City. Mr. Nicholas expressed the need for a written policy statement regarding infrastructure costs incurred by developers. There was extensive discussion regarding who's responsibility it was to pay for infrastructure costs, the City or the developer. Mr. Berger referenced an example pertaining to the installation of water lines to provide water to a new development or a single family home. Mr. Boucher stated that the City could review each development's infrastructure needs on a case by case basis. Mr. Boucher questioned if Council wanted a policy statement which stated that the City would not accept infrastructure unless it was built to City specifications and Council responded affirmatively. Mr. Nicholas stated that with such a policy statement the City would not have a reason for refusing to accept a road in a development at a future date. Council concurred to workshop the item again for further discussion. 12. Monthly Activity Reports. No comments. 13. City Manager's Report. Mr. Boucher advised that since the City had spent $25,000 for the option contract on the wetlands property, he questioned whether or not Council would support purchasing 1 -2 acres of land north of the sewer plant from Cevesco for use as a buffer zone utilizing the $25,000 plus an additional amount to be determined. His suggestion would allow the City not to lose its $25,000 on the option contract if the wetlands was no longer an option the City wished to pursue. Mr. Berger stated that the City's goal would be to have 100% reuse throughout the City and he questioned if it would be possible to reconfigure the State loan application to include purchasing several acres for holding tanks for the reuse program. Mr. Boucher commented that he could see purchasing the land and setting the land aside for some future date when the distribution system had a larger capacity. Mr. Berger also suggested using the $25,000 plus any additional amount to buy several acres at the 2.5 % State loan rate to provide additional buffer area from the plant. Council concurred to allow the City Manager to further research the possibility of purchasing additional land. Mr. Boucher stated that the Small Business Administration Tree Grant had been submitted and he expressed his appreciation to Ms. Byrdena Douglas, UCF intern, Beautification Board members, and the Public Works Department for the excellent job they had done in preparing the grant for submittal. Mr. Boucher advised that the City had closed on the Dicie Sherwin property. He asked if Council wanted the Beautification Board to look at making the property across from the Recreation Center a xeriscape passive park. Mr. Randels commented that it should not be used • • City of Cape Canaveral, Florida City Council Workshop Meeting March 10, 1994 Page 6 only for parking. Council concurred to present the project to the Beautification Board for discussion for use as a park and to provide additional parking spaces. Mr. Boucher declared that the Port had started hauling sand to the Monroe Avenue beach end and Tyler Avenue had been finished. After Monroe Avenue, the project would be moved up to Washington Avenue with access through the Applegate property. DISCUSSION: 1. Mr. Berger questioned the status of Port negotiations regarding the City's proposed reuse program. Mr. Boucher stated that the Port had hired Burton & Associates to prepare financial estimates and that either way, if the Port built its own wastewater treatment plant or continued on line with the City for sewage treatment and /or reuse, the City would not be looking at a rate increase. He stated that the economies of scale favored the Port remaining with the City to provide sewage treatment services. Mr. Nicholas suggested that the City give the Port notification that it intended to terminate its contract with the Port in the year 2000. 2. Mr. Nicholas questioned how much the City had collected in impact fees from the Port. Mr. Boucher stated he would research the matter and report back to Council. 3. Mr. Nicholas questioned when the City had purchased the lots across from the Recreation Department. Mr. Boucher stated that the City had closed on the Dicie Sherwin property the previous week. There was discussion regarding the cash forward amount of $63,400 included in the Beatification budget. 4. Mr. Nicholas questioned if the City had notified the businesses within the City that had liquor licenses that the hours of sale of alcohol on Sundays had been changed. Mr. Boucher responded that notices would be sent to all applicable businesses. ADJOURNMENT: There being no further business, the meeting adjourned at 9:07 P.M. Faith G. Miller, CMC /AAE City Clerk