CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
TUESDAY
August 15, 2006
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem
Council Member Leo Nicholas
Mayor Rocky
Randels
Council Members Absent:
Council Member Buzz
Petsos
Others Present:
City Manager
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Public Works Director
City Planner Todd
Peetz
City Engineer John Pekar
PRESENTATIONS:
National Night Out – Sponsorship Recognitions,
Corporal
Mitchell Boshnack outlined the background of National Night Out and honored
several participants who went above and beyond in the event sponsorship at
Mr. Brad Smith, Brad Smith and Associates, explained
that public meetings were held to gather citizen input and plans were adjusted
to accommodate citizen’s requests at the public meetings which included light
fixtures, paving textures, palm trees, intersection treatments and decorative
paving. He continued that two additional
items were added to include banner arms attached to light fixtures, and uniform
appearance schemes for stop signs and speed limit signs. Mr. Smith stated that the concept and budget
are set and the next phase would include incorporating the engineering survey to
prepare for the final construction documents.
Mr. Boucher replied to Mr. Bruns that
Mr. Nicholas stated that he believes it to be a nice
concept and asked if there would be an open concept presentation for the
general public to allow for additional input from citizens. Mayor Randels replied to a citizen that the
lights are turtle friendly in that they are flat, low hanging over streets with
recessed bulbs. Mr. Smith replied to Shannon
Roberts that Brad Smith and Associates is currently working with the City of Cocoa
Beach to ensure visual continuity through the extension of
Mayor Randels pointed out that there will be ten blocks
of
City Council agreed to continue
BOARD INTERVIEW:
Mayor Randels called on Mr. Jack
Childs to interview for the Board of Adjustment. Mr. Childs affirmed that all of the
information in his application was true and correct to the best of his
knowledge. Mr. Childs responded to
Attorney Garganese that he would like to serve his community through membership
on the Board of Adjustment. Attorney
Garganese explained that this board dealt with land use and zoning issues. Mayor Randels stated that volunteers have
critical positions on the City’s boards and that the Board of Adjustment was
Mr. Childs’ first choice. Mayor Randels
advised Mr. Childs that a resolution to appoint him to the Board of Adjustment
would be placed on the next City Council agenda.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of
July 18, 2006.
2. Resolution
No. 2006-26; Appointing a Regular Member
to the Community Appearance Board (Kelley Sweet Jensen).
3. Resolution
No. 2006-27; Reappointing Regular Members to the Planning & Zoning Board
(McNeely & Fredrickson).
4. Resolution
No. 2006-28; Appointing Regular Members to the Business & Cultural
Development Board (Peterson & Spiesman).
5. School
Resource Officer Agreement with the City of
6. Outdoor
Entertainment Permit for
Mayor Randels asked if Council, staff or any interested party desired to
remove any of the items for discussion.
No item was removed for discussion.
A motion was made by Mayor Pro Tem Hoog and seconded
by Mr. Bruns to Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 4-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For.
CONSIDERATIONS:
7. Motion
to Approve: Award Bid No. 06-05,
Mr. Gardulski explained that this building has been discussed for over
three years. He summarized that this was
a large metal building with roll up doors that can withstand storms. Brown and Caldwell Engineers reviewed the
submitted proposals and the bid was published in both local newspapers. Twelve firms acquired the bid packages. A pre-bid meeting was held and three firms
submitted proposals that included Mark Cook Builders, Inc., Canaveral
Construction Company and Butler Construction Company. City Engineers submitted that the low bidder,
Butler Construction Company, could provide the construction of the requested
building for the storage of outdoor equipment.
A motion was made by Mr. Bruns and
seconded by Mr. Nicholas to Award Bid No. 06-05 Public Works Maintenance
Building and Site Improvements to Butler Construction Co., in the Amount of
$507,777. The motion carried 4-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, For; Mr. Nicholas, For and Mayor Randels, For.
8. Motion
to Approve: Ranking of Firms for RFQ
06-04, City Hall/Police Department Needs Assessment and Design.
Mr. Boucher
summarized that the ranking committee reviewed six submittals with a scoring
sheet. He continued that staff feels
comfortable negotiating with the number one firm. Mayor Randels explained to the public that
this RFQ is a needs assessment for City Hall/Police Department and explained
the criteria for the ratings and reference checks. Architect Design Group in
Mayor Randels stated
that this was the first phase of the project and the next phase would be the
design. Mr. Boucher explained the contract as “stop and go” where the city
could continue the process or stop if funding was not available. Ms. Roberts asked if the needs assessment
would include a public meeting for the citizen’s input. Mayor Randels noted that the city would not
be opposed to public meetings however the city is only in phase one of planning
for future needs. Mr. Boucher responded to Ms. Roberts that several meetings
with departments and staff will occur that will include review of square
footage and usage in each department. Kevin
Ratigan, Architects Design Group, introduced John Allen, Civil Engineer, and
stated that he was pleased with the selection committee’s results. He will study the city carefully and see what
the city has and what the city needs which will include many variable options. Mr. Ratigan ensured a participatory approach in
which their company would learn from community and staff input.
A motion was made by Mayor Pro Tem
Hoog and seconded by Mr. Nicholas to
Approve the Ranking of Firms for RFQ 06-04, City Hall/Police Department Needs
Assessment and Design. The motion carried 4-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For.
ORDINANCES: First Public Hearing:
9. Motion to
Approve: Ordinance No. 11-2006; Amending the
List of Special Exceptions (Aka Conditional Uses) in the C-1 Zoning District
Related to Residential Uses; Specifically Amending Section 110-334(C)(10), Cape
Canaveral City Code, to Prohibit Special Exception Residential Uses on Property
that is Located Adjacent to and has Frontage Along the A1A Highway Corridor;
Providing Clarifying Amendments, at first reading.
Mayor
Randels clarified that this ordinance concerns all commercial property located along
the SRA1A corridor and adjacent to and fronting SRA1A which does not include
Mayor Randels read Ordinance No. 11-2006 by title:
An Ordinance of the City Council of the City of Cape
Canaveral, Florida Amending the List of Special Exceptions (Aka Conditional
Uses) in the C-1 Zoning District Related to Residential Uses; Specifically
Amending Section 110-334(C)(10), Cape Canaveral City Code, to Prohibit Special
Exception Residential Uses on Property that is Located Adjacent to and has
Frontage Along the A1A Highway Corridor; Providing Clarifying Amendments;
Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions;
Providing for Incorporation into the Code; and Providing for an Effective Date.
Ruth Montgomery, resident
Hidden Harbor Condo, inquired about businesses that include residences above. Mayor Randels responded that current city
code does not include mixed use developments.
She replied that this may be a disservice to businesses. Mayor Randels clarified that citizens may conduct
home businesses, however, mixed use is not allowed. Mayor Pro Tem Hoog noted that this particular
ordinance would eliminate residential homes being built on A1A. Mayor Pro Tem Hoog replied that the city may discuss
a mixed use concept in the future. Mayor
Randels responded to Mr. Ray Osbourne that the ordinance would affect property south
to the city limits, which is the west side of A1A before Publix.
A motion was made by Mr. Bruns and
seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 11-2006 at first
reading. The motion carried 4-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, For; Mr. Nicholas, For, and Mayor Randels, For.
10.
Motion
to Approve: Ordinance No. 12-2006;
Providing for a Referendum Election and Ballot Language for the November 7,
2006 General Election to Amend Article XIV Fire Department, Section 4 Fire
Protection Services of the City’s Charter by Deleting the Charter Provision
that Prohibits Building or Acquiring a Fire Station and Adding a Charter
Provision that Requires a Duly Noticed Public Hearing Before the City Council
Formally Commits to Building or Acquiring a Fire Station; Setting Forth a
Ballot Question for Inclusion on the November 7, 2006 General Election Ballot;
Providing for Coordination with the Supervisor of Elections, at first reading.
Mayor Randels explained that should this ballot
question appear on the November 2006 ballot, the city must schedule a second
reading prior to September 1, 2006 because the Supervisor of Elections must
have time to prepare the ballots.
Mayor Randels summarized that the current charter
provides that the city is prohibited from building or acquiring their own fire station. At present, the
Mayor Randels read Ordinance No. 12-2006 by
title.
Providing for a Referendum Election and Ballot
Language for the November 7, 2006 General Election to Amend Article XIV Fire
Department, Section 4 Fire Protection Services of the City’s Charter by
Deleting the Charter Provision that Prohibits Building or Acquiring a Fire
Station and Adding a Charter Provision that Requires a Duly Noticed Public
Hearing Before the City Council Formally Commits to Building or Acquiring a
Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7,
2006 General Election Ballot; Providing for Coordination with the Supervisor of
Elections.
Mayor Pro Tem Hoog
commended Chief Sargeant for approaching the council with this idea. Mayor Randels explained that the fire
department provides a needed service and the city provides the equipment. Chief Sargeant alerted the council to add
this to the referendum so the residents could own the facility. Mr. Boucher responded to Mr. Tom Garboski that
the Volunteer Fire Department currently owns the land and facility. The city could potentially build onto the
facility at the present location and a clause could be added to the agreement pertaining
to the purchase of the land and current building.
Ms. Shannon
Roberts inquired if the facility would be located at
Mr. Osbourne asked if there was anything
protecting the historical monument markers on the
Attorney Garganese responded to Ms. Bea
McNeely that the charter changes become effective immediately following the
approval of the electorate.
A motion was made by Mr. Bruns and
seconded by Mr. Nicholas to Approve Ordinance No. 12-2006, at first reading. The
motion carried 4-0 with voting as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor
Randels, For.
DISCUSSION:
11.
Land
Development Fees.
Mr. Todd Morley,
Building Official, explained that the City of
Mr. Morley encouraged
council to establish fees for easement vacations and vacations of right of ways.
He completed four example analyses to show the amount of money the City is
losing. Mayor Pro Tem Hoog agreed that
the City’s fees were low. Mr. Bruns requested
the Building Official submit a proposed flat fee for each application based on the
research and analysis. Mr. Morley
expressed that the fee change will ultimately save taxpayer money. Mayor Pro Tem Hoog voiced uncertainty about
implementing the high end costs and suggested a midpoint cost range. He noted that some of the figures appeared
high. Mr. Morley responded to Mayor Pro
Tem Hoog that the city creates some savings due to being small and
efficient. Mr. Morley continued that the
city will continue losing money even charging the rates at the high end. Council agreed to have staff propose a
revised fee schedule and submit to City Council for review.
A motion was made by Mr. Nicholas and
seconded by Mr. Bruns to approve an Add on Item to Schedule a Special Meeting. The
motion carried 4-0 with voting as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor
Randels, For.
A motion was made by Mr. Nicholas and
seconded by Mr. Bruns to conduct a Special Meeting on August 29, 2006 at 5:30
p.m. to consider first reading of Ordinance 12-2006. The
motion carried 4-0 with voting as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels,
For.
REPORTS:
1.
City
Manager
·
Mr. Boucher reported that Save Brevard has
initiated the review of ballot questions which severely impact municipalities. The League of Cities voted to retain outside
counsel to represent all the cities in the county. Mr. Boucher stated that a meeting is set for Wednesday,
August 23, 2006 at 1 PM and requested a city representative. City Council recommended Mayor Pro Tem Hoog
to represent the city. This will be a joint
meeting with all city and county commission to discuss the two ballot
questions. Mr. Boucher continued that Commissioner
Colon submitted two amended ballot questions to the panel and the cities are
questioning whether they have the authority.
Each city has been asked to allocate $5,000 towards the legal defense
fund. Mr. Boucher further stated
that charter counties are affecting legislature through ballot questions and attempting
to seize local services from the cities.
Mr. Boucher reported that the attorney stated this as a statewide issue
and often the counties undermine local self municipal government. Attorney Garganese submitted that uniform
levels of service for everyone is not a good idea. He further stated that each city has
different levels of service and he questions the wisdom of setting uniform
levels of service standards for everything county-wide.
A motion was made by Mr. Bruns and
seconded by Mr. Nicholas for an add-on item to consider allocating monies to
the
A motion was made by Mayor Pro Tem Hoog and seconded
by Mr. Nicholas to pledge $5,000 to the
·
Mr.
Boucher reported that the Planning &
Zoning board will discuss special exceptions in M-1 zoning at their August 23rd
meeting. Mr. Boucher asked if City Council
had any guidance for the board members. Mayor
Randels replied that the moratorium was requested in order for the Planning
& Zoning Board to have time to study and evaluate the situation. Mr. Boucher stated that the Board requests why
this moratorium is on their agenda.
Mayor Randels replied that the citizens approached City Council and
asked for help. Once the issue was off the
board’s agenda, the moratorium action was taken. Mr. Harry Pearson, Planning & Zoning
Board, questioned that the issue was really about a tank farm not “liquefied
petroleum”. He continued that the board
has not even reviewed the request at a formal meeting, but the proposal
submitted talks of liquefied petroleum not a tank farm. Mr. Pearson stated that City Council should
not ask for a moratorium on something that isn’t even discussed. Mr. Donald Dunn, Planning & Zoning Board,
stated that the resident had asked that the special exception be rescinded
which is not a moratorium.
·
Mr.
Boucher reported that the health
insurance bids came in and Health First and United Health Care show there will
be a savings.
·
Mr.
Boucher passed out order forms for “Bury
FPL lines”, a program from south
·
Mr.
Boucher reported the passing of Mr.
Petsos’ Father and he would let Council know the arrangements.
2. Staff
·
Mr. Morley
reported on the new construction transportation
impact fees effective October 14, 2006 for single family homes. Mr. Boucher noted that this was another
county imposed charter rule.
AUDIENCE TO BE
HEARD:
Resident Ray Osbourne
requested placement on the next agenda regarding mixed used development explaining it as an advantage for property
owners. Mayor Randels stated that this
item would advance to the Planning & Zoning Board first.
A citizen asked if
there was a fire ordinance regarding Coastal
Fuels. Mr. Boucher responded that fire
department staff would be available at the meeting for questions.
Resident Shannon
Roberts asked the status of Ron Jon’s
and the Department of Community Affairs.
3. City Council
·
Mr. Nicholas inquired about Waste
Management and requested the smaller containers for particular properties.
·
Mayor Pro Tem Hoog reported on
the Florida League of Cities Conference.
ADJOURNMENT:
There being no further business, the Chair
adjourned the meeting at 9:40 P.M.
________________________________
Rocky
Randels, MAYOR
_________________________________
Virginia Haas, ASSISTANT CITY CLERK