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HomeMy WebLinkAboutMinutes 03-18-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 2008 7:00 PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Recreation Director Robert Lefever Mayor Randels requested to hear Item No. 4 at this time since the representatives from T -N -T Events had traveled from Inverness, Florida to be at the meeting. Mr. Petsos suggested bringing the entire Consent Agenda forward. Council members agreed by consent to hear the Consent Agenda. CONSENT AGENDA City Council Regular Meeting Minutes of March 4, 2008. 2. Motion to Adopt: Resolution No. 2008 -07; Appointing a Regular Member to the Business and Cultural Development Board (L. Peppers). City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 2 of 14 3. Outdoor Entertainment Permit for the American Legion Picnic; Edward Adams, Applicant 4. Outdoor Entertainment Permit for the Manatee Sanctuary Parts Arts Festival; Terri Rudzitis, President, T-N -T Events, Inc., Applicant Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item 4 in order to hear more about the event from the promoter, Ms. Terri Rudzitis. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. 7 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 4, Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival, Terri Rudzift, President; T -N -T Events, Inc., Applicant. Ms. Rudzitis requested for the sprinkler system to be turned off and the rest rooms opened for the event. She informed that the event would offer artists and exhibitors and festival type food. Ms. Rudzitis replied to Ms. Roberts that approximately 40 vendors were registered. Ms. Roberts encouraged all Cape Canaveral residents to attend the event stating that the artists would appreciate their attendance. Mr. Ray Osborne thanked Ms. Rudzitis for permitting the Art History Club's participation. Mr. Frank Kuhn asked if there would be Native American art. Ms. Rudzitis provided him with contact information for a person interested in providing Native American art. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Approve Consent Agenda Item No. 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. PRESENTATION: 2008 Spring Beautification Award — Single Family (213 Fillmore Avenue) Ms. Elizabeth Mars acknowledged Mr. and Mrs. Jack and Karen Daniel for their Beautification efforts at their home at 213 Fillmore Avenue. She presented Mr. and Mrs. Daniel with a plaque and certificate on behalf of the City. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 3 of 14 REPORTS: City Manager • Mr. Boucher announced that the City received notice from the Department of Community Affairs that the Evaluation and Appraisal Report was approved, so Council could proceed with their first Public Hearing on the Comprehensive Plan Amendment later on in the meeting. • Mr. Boucher received a proposal from Florida Power and Light to bury the power lines at a cost of $1.8 million on the west side of North Atlantic Avenue from State Road A1A to George King Blvd. This proposal was in addition to the proposal to bury the lines on the east side of Ridgewood Avenue at a cost of $1.1 million. Mr. Boucher clarified that this did not include the cost for the City Engineer's preliminary work or for utilities such as telephone and cable television. Mayor Randels summarized that Council would consider this during their discussion of Capital Purchase items. • Mr. Boucher reported that the Board of Adjustment scheduled the Tripple J Special Exception request related to the remand from the Circuit Court for Monday, March 20 at 7:30 PM. • Mr. Boucher reported that the Coastal Fuels application for two additional fuel tanks was under Staff review. Mr. Boucher reported that he serves on the Space Coast Growth Management Coalition. The Coalition was working on the components of the "How Shall We Grow" green print for the East - Central Florida multi -County area. The Coalition would identify the natural resources within each regional area. Mr. Boucher informed that he wanted to have the regulatory agencies appear before the Coalition in order to keep mitigation funding with the municipality, the County, or the multi- county area. • Mr. Boucher reported that the Public Works maintenance building was 90 percent complete. • Mr. Boucher reported that the Beach Cleaning equipment was delivered. • Mr. Boucher reported that he met with the Library Board to discuss a joint -use Library Meeting Room and to hear their concerns related to parking and the type of dais for Councirs use. The Citys architect met with Mrs. Escapa and the Library Board would like to meet with the Council for further discussion. • Mr. Boucher reported that the Building Department staff had a pre - application meeting on a proposed 170 -unit hotel at the comer of Holman Road and State Road A1A. Todd Peetz, City Planner, explained that there would be one owner, one management company but two flag hotels. The City code provides for one owner, one management with multiple buildings. Mr. Peetz stated that they also wanted to put up to two restaurants out front; however, that would complicate the acreage and the density, therefore, some concerns remained. Mr. Peetz explained that a national chain restaurant should not be used toward the hotel's density credits. The project was under the City Attorney's review. Ms. Roberts referred to the Community Survey saying that although it was the business City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 4 of 14 owner's right to put what they want on the property this might be the place where the City could attempt to attract the businesses that the community desired to have in the City. Staff Recreation Director • Mr. Lefever announced the Easter Egg Hunt on Saturday, March 22 at 10:00 AM sharp at Canaveral City Park. Public Works Director • Mr. Bandish reported that the sewer force main was completed and operational. • Mr. Bandish reiterated that the Public Works maintenance building was near completion. • Mr. Bandish reported that he was securing easements related to the sewer force main project. • Mr. Bandish reported of an upcoming meeting related to slip4ining. • Mr. Bandish reported that the stand -by generator was two-weeks to arrival. Mr. Bandish replied to Mr. Petsos that the sand fence project was awaiting purchasing authorization signatures. City Treasure r • No report. Building Official • Mr. Morley provided a status update on Resort Dwellings/ Resort Condominiums and a review of the properties that exceeded the maximum allowable density. These were properties constructed before the density regulation was established. A total of 284 units constructed have applied for a Resort Dwelling license. Of that total 45 do not comply with current density which represents a total of four buildings out of eight buildings. Mr. Morley distributed a report and explained for clarification that density relates to the number of residential units on a property and the current density is 15 units per acre. There were older buildings in the City that have applied for the Resort Dwelling license status that have more than 15 units per acre which creates non- conformity with the City code. • Mr. Morley reported from the Community Appearance Board on the concept of a theme for the City. The Board requested a joint discussion with the Planning and Zoning Board. He asked if there were any support from Council on the concept or if there were any desire to address the concept from a business standpoint. Ms. Roberts explained that the City Planner brought options to the Planning and Zoning Board's attention related to mixed -use development and the City's redevelopment. Ms. Roberts stated that the concept theme of Sun, Space and Sea came out of Community Appearance Board's discussion and this was City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 5 of 14 the initiating point to further discuss a theme jointly with the Planning and Zoning Board. Mayor Randels concluded that the Community Appearance Board had recently pursued optional styles from franchise businesses to create a more distinct appearance. Mr. Boucher brought up the Town Hall meeting on April 3, as a place where the architectural theme could be discussed. • Mr. Morley reported that he scheduled the State Road A1A Town Hall Meeting at the Library Meeting Room on Thursday, April 3` at (5):30 PM. He would provide courtesy mail out notices to stakeholders on the State Road A1A corridor. [Ms. Joyce Hamilton corrected that the meeting time was 5:30 PM and not 7:00 PM.] Discussion on the concept of a unified City theme would occur during that time. City Clerk • No report. City Attomev • Ms. Latorre reported that Royal Mansions filed suit against the City related to the Resort Dwellings Ordinance challenging the constitutionality and application of the Ordinance related to their establishment. The suit is under evaluation for response with the City Attorney. CITY COUNCIL Council Member Roberts • Ms. Roberts suggested an initiative encouraging the Sheriff to outreach to the City in an effort to increase Neighborhood Watch Programs. • Ms. Roberts reported that as part of her membership with the National Space Club, Steve Kohler, CEO of Space Florida, spoke at their recent meeting on March 11 and he talked about establishing a commercial zoning district area with the Cape Canaveral Air Force Station [CCAFS] area. The relevance to Cape Canaveral would be encouragement of commercial development and commercial use of that part of CCAFS_ Feedback from the State of Florida supported the City in strengthening its relationship with Patrick Air Force Base and CCAFS and this might present an opportunity for the City to take action on a joint venture with Space Florida. • Ms. Roberts, again, recommended a representation list of the meetings in which Council members were officially and unofficially in attendance as this would help the Council to know what subjects were being addressed and allow for a debriefing during Council meetings and Workshops. • Ms. Roberts announced that Mayor Pro Tem Hoog, Mr. Petsos and Mayor Randels would attend Legislative Days from March 2e and 26 She encouraged the audience to mention any items that they would like the Council to bring to their State Legislators. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 6 of 14 Ms. Roberts asked Mr. Lefever to comment on the recent Community Celebration. Mr. Lefever informed that the event was successful with between 500 and 600 participants. He also informed that this was the first time for a Business Vendor Expo which was also a success with 45 vendors registered of which 34 participated. Ms. Roberts requested an Environmental Initiative to address the soot problem, red tide and fuel emissions from Coastal Fuels. Council Member Nicholas • No report. Council Members Petsos • Mr. Petsos requested to schedule a Visioning Session immediately following the close of the Legislative Session. Mr. Petsos requested law enforcement assistance on the illegal parking issue. Mr. Petsos reported on his pursuit of seeking accountability from the County on the City tax funding contributed to County taxes. He was seeking additional information from neighboring communities to address this issue. • Mr. Petsos asked Mr. Lefever to report on his Police Athletic League [PAL] meeting. Mr. Lefever informed that he would meet with the County representative from PAL on Monday. This meeting would include the Recreation Leaders. He emphasized the need for PAL in the community. Mayor Pro Tom H000 • No report. Mayor Randels • Mayor Randels reported that he received an E -mail giving kudos related to the City web site from a resident in Richmond, Indiana. He forwarded the thanks to the City Clerk. • Mayor Randels acknowledged that Florida Today noted in a recent article that E-mail is a public record. He summarized that the City, through the City Manager's efforts, responded in an efficient and timely manner. • Mayor Randels reported that the City passed a Resolution related to Bright House Networks analog converter boxes. He informed that the Federal Government would begin mailing $40 to consumers to assist them in the conversion in a $1.5 billion project and every household with an analog box was eligible to receive two coupons. • Mayor Randels reported that all sixteen Brevard County mayors had signed up to deliver Meals -on- Wheels on Wednesday, March 19 th . • Mayor Randels asked if there were any desire to reprint the City promotional license plates. Staff was directed to follow through on this project. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 7 of 14 Mayor Randels reported on a family traveling from the Yukon by bicycle that arrived at the Cape Canaveral Library on Saturday. They have totaled 8,700 miles since last June and signed a plaque to commemorate their visit. AUDIENCE TO BE HEARD: Mr. Frank Kuhn questioned why the City's Law Enforcement allowed precinct cars to leave the City as well as why officers were allowed to take those cars home. Mr. Kuhn related that for a 1.9 square mile City, the amount of officers exceeded the City s size and he estimated that for 25 miles of roadway, a police car should pass a roadway every hour. Mr. Kuhn stated that the Cape Canaveral precinct officers should not be allowed to take their cars home. Mr. Kuhn presented his question to the City Manager related to the Brevard County SherifFs contract which allowed them to take the cars tome; however, why was this allowed for Cape Canaveral. He concluded that this was a waste of taxpayer money. • Mr. Ray Osborne of Holman Road invited City Council and the Planning and Zoning Board to a meeting related to Sustainable Building practices on March 27 at 5:30 P.M. The meetings occur every fourth Thursday at the Florida Solar Energy Center and the public is invited to attend. Ms. Dot Gayer presented 200 signatures from the residents in order for the Council to proceed with the Ridgewood Avenue beautification project. Mayor Randels replied that this project would be one of those in discussion during the City's Visioning Session. Mr. Boucher explained how the Council would seek to prioritize which projects to pursue and complete. Ms. Gayer submitted her petition to the City Clerk and she stated how this incomplete project has become hazardous to pedestrians. Mr. Boucher informed that staff has identified noncontiguous properties and they would meet with property owners to resolve these issues. Ms. Roberts stated that, perhaps, there were some interim initiatives that the City could take that would help pedestrians and bicycle riders. • Mr. Ron Woods of Harrison Avenue related on how every beach access had parking problems. He suggested a park-and-ride to the beach charging a fee. Mr. Woods also suggested a courtesy person to provide beach trash collection bags. Mayor Randels related that such bags were available at Cherie Down Park. Mr. Woods concluded with the need to gain control of the City's tax appropriation to the County and the lack of return for the City's needs. BOARD MEMBER INTERVIEW Thomas Wheaton — Beautification Board Applicant Mr. Wheaton affimied to the City Attorney that all of the information on his application was true and corned to the best of his knowledge. Mr. Wheaton also affirmed that he was not affiliated with any City Council Member. Mr. Wheaton affirmed that he would not have any conflicts with his duties as a Beautification Board through business or familial City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 8 of 14 relationships. Mr. Wheaton informed that he became interested in volunteering due to the City Hall marquee sign. He stated that he was active in volunteering in his condominium at Portside Villas_ Mr. Wheaton stated his special interest in curb appeal and he desired to take an active role in the City s change process. Ms. Roberts asked Mr. Wheaton for a brief summary of his work at Patrick Air Force Base [PAFB]. Mr. Wheaton stated that he worked in the Space Industry in the area of procurement and subcontracts, Acquisition Management and currently worked with a primary contractor at PAFB. Mr. Wheaton replied to Ms. Roberts that he enjoyed the beach area and coastal Irving. Mr. Wheaton stated that he served on the Fence Committee, the Crime Watch Committee and the Judiciary Committee at Portside Villas. Mayor Randels concluded that a Resolution to appoint Mr. Wheaton to the Beautification Board would appear on the next City Council Meeting Agenda. ORDINANCE: Second Public Hearing: 5. Motion to Adopt Ordinance No. 01-2008; Establishing a Fund Balancel Retained Earnings Reserve Policy, at Second Reading. Mayor Randels read Ordinance No. 01 -2008 by title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 2, ARTICLE V., OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCENRETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INFORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Andrea Bowers, City Treasurer, explained the Ordinance as a plan to set aside 20 percent of the City's Budget. She provided an updated memo that depicted a six -month scenario with and without Capital Purchases. Ms. Bowers explained how the variables that were part of operating funds during any six -month period were a changing element. Mr. Petsos explained that he sought to ask for a six -month operating report, with and without the Capital Purchases, in order to ensure that the City had available funding prior to any emergency circumstance. Ms. Bowers stated how not paying for debris removal upfront was a benefit. Mr. Boucher related on the results for cities that sought independent contractors for debris removal, when the upfront costs depended on the Federal Emergency Management Agency [FEMA] for reimbursement. Mr. Boucher clarified for Ms. Roberts that the Interlocal Agreement for Debris Removal was a separate contract. Ms. Bowers concluded that the 20 percent set aside applied to any emergency and not just for a hurricane circumstance. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Ordinance No. 01 -2008 at Second Reading. The vote on the motion carried 5-0 with City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 9 of 14 voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ORDINANCES: First Public Hearing 6. Motion to Approve Ordinance No. 02 -2008; Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Corner, of Jetty Park in Cape Canaveral, Florida, at First Reading. Mayor Randels read Ordinance No. 02 -2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN REAL PR M ' T O T Au'NG 125 ACRES MORE - O R LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R3 RESIDENTIAL TO C4 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. Mr. Boucher reminded that this was a quasi-judicial hearing item and the City Attorney would need to swear -in all those participating in the discussion. Attorney Latorre swore in all those providing testimony. Mr. Peetz referred to the difference between the Comprehensive Plan and the Zoning Amendment in that the Zoning portion permitted conditions with approval of which there were conditions at the Planning and Zoning Board level related to the 1.2 acres. Mr. Peetz informed that the applicant was agreeable to the condition on the 1.2 acres for parking and recreational amenities. Attorney Latorre stated that the City Attorneys office had not fully discussed this matter at this time. Mr. Peetz stated that during the Local Planning Agency [LPA] meeting, a 5.4 acre gap was created between the Comprehensive Plan Amendment Map and the Zoning Map on the Brevard County Property Appraiser's part. There was no expressed reason for the gap which occurred during adoption of Ordinance 03 -2000 in which the City established a C -2 Zoning district and through research, the gap was found in the Cape Caribe area and the City Attorney recommended an administrative correction. Therefore, his report reflected 1.95 acres as the total for the Zoning amendment. The corrected area gap was formerly reserved, but not used, for the Ridgewood Avenue extension. Mr. Peetz also stated that when the LPA met there were persons concerned with noise issues; however, this could be addressed at the Site Plan stage. The applicant would work with the City on the Site Plan. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 10 of 14 Mayor Randels stated that the LPA recommended approval on February 27, 2008 by unanimous vote. Plan Amendment procedures were included in the packet and done according to Florida Statutes Chapter 163. Properly owners were notified within a 500 - mile radius and duly noticed on February 17 prior to the Planning and Zoning Meeting and again on March 8"' prior to the First Reading. Mr. Kohn Bennett, 1000 Shorewood Drive, Cape Canaveral, of Cape Caribe, Inc. introduced Mr. John Grandlich, Mr. Meath Bennett, and Mr. Jim Boris also of Cape Caribe, Inc. in the audience. Mr. Bennett recounted from previous discussion that, 1) density would lessen due to removal of one building on the east side, and 2) balconies were redesigned to face the west and the north. The removal of one building and changing the design of another would result in the continuation of a pool deck and fewer people. This would also control the activity that would impact adjacent property. Mr. Grandlich met with the Boards of Solana Lake, Solana Shores and Shorewood. Mr. Bennett informed that there were several concerns voiced at the Planning and Zoning Board Meeting that were addressed. Mr. Bennett stated that amenities and parking were the final issues. Mr. Bennett displayed a storyboard of what the approved Site Plan would include. Mr. Bennett clarified that the County neglected to remove the Ridgewood Avenue extension from the City's map. Ms. Roberts expressed her appreciation that the firm reached out to the community and their reception was positive. Ms. Roberts noted comments from the LPA meeting which were continued concems related to commercial ventures and the rezoning and to ensure that no commercial sales, for example a Tiki Bar, would be established in the expanded water park area. Mr. Bennett replied that the intent of bringing the concept into the pool deck was to create one amenity to the extent of serving meals and to, perhaps, locate some facility on the south end to establish more efficient service. Ms. Roberts stated that a passive lounge area seemed acceptable; however, residents expressed concern with commercial use. Mr. Bennett clarified that continuity would remain the same. Ms. Roberts asked if the residents could request not to have speakers at that proposed end of the water park. Mr. Bennett stated that concerns arose from Shorewood; however, that might be due to lack of landscaping. Mr. Bennett stated that the forum to address those issues would occur during Site Plan review, but not during the Comprehensive Plan amendment discussion. Attorney Latorre clarified that Item No. 6 would need to be addressed prior to discussing Item No_ 7. Mr. Peetz stated that Council could not attach conditions to a Comprehensive Plan Amendment; however, conditions could be attached to the Zoning Amendment. Mr. Grandlich stated that there were few concerns voiced at the Planning and Zoning Board Meeting/ LPA Meetings and loud music was not anticipated as the facility was family oriented. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 11 of 14 A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 02 -2008 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 7. Motion to Approve Ordinance No. 03 -2008; Changing the Zoning Map Designation of Certain Real Properly Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Comer of Jetty Paris in Cape Canaveral, Florida, at First Reading. Mayor Randels lead Ordinance No. 03 -2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBrrS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL" SUBJECT TO CERTAIN USE RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY, AND AN EFFECTIVE DATE. Mayor Randels read that the Planning and Zoning Board imposed the following conditions for the property related to: recreational amenities and parking. Mr. Peetz pointed out that the Council could approve the Zoning Designation in its entirety; however, the conditions should be limited to the 1.2 acre parcel only. Attorney Latorre stated that the conditional restrictions would apply to Exhibit A only. Mr. Bennett clarified that his application addressed Exhibit A and the R -3, 1.2 acres. Mr. Petsos recommended placing the restrictions within Section 3 of the proposed Ordinance. Mr. Boucher questioned Mr. Peetz, for the record, saying that he did not review any analysis changes as a result of the density reduction to the 1.2 acres. Mr. Peetz replied that the Site Plan would be amended and a pre - application meeting was scheduled for mid -April. Ms. Roberts asked if there was a definition of recreational amenities. Mr. Bennett replied that a definition would be established prior to the next meeting and he would work with the City Attorney's office on that definition. Ms. Roberts stated the folkwing concerns for the record: 1) potential noise, 2) a Tiki Bar operation in the water park, and 3) green space. Ms. Roberts addressed the potential of redirecting traffic carried to the beach and if there were an aftemative route. Mr. Bennett stated that there were no alternatives due to a previously constructed building; however, the developer would look into it. There was no public comment. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Ordinance No. 03 -2008 at First Reading to Include the Discussed Revisions. The City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 12 of 14 vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTION 8. Motion to Approve: Resolution No. 2008 -08; Supporting the Florida Forever Program and a Successor Program. Mayor Randels read Resolution No. 2008-08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING FLORIDA FOREVER AND A SUCCESSOR PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Council was requesting for State Legislators to retain the Florida Forever Program and any succeeding programs. There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Resolution No. 2008 -08. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For, Mr. Nicholas, For; Mr. Pellsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATION: 9. Motion to Approve: An Agreement with Brevard County for Lifeguard Services. Mayor Randels explained the contract for two staff persons and one lifeguard tower. Mr. Petsos requested that one of the staff persons assume a roving lifeguard role. Mr. Boucher replied that the one County roving staff person would use the City's All Terrain Vehicle [ATV]. Mr. Lefever clarified that coverage was needed at the tower should one of the lifeguards need to make a rescue attempt. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve an Agreement with Brevard County for Lifeguard Services in the Amount of $18,721.00. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For, Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 13 of 14 10. Community Development Director. Mayor Randels explained that this discussion item continued from a previous meeting in August 2007. Mr. Boucher stated that his presentation depicted a Community Development Director's [CDD] responsibilities and the City's need to hire this staff person. He briefly explained the difference between the CDD and a Building Official. Mr. Boucher spoke about the timeline needed to seek an applicant. Mayor Randels expressed the concern of shared staff between the CDD and the Building Official. Ms. Roberts reminded of John Anderson Chairperson of the Business and Cultural Development Board's comments related to delay in hiring which could result in missed funding opportunities. Mr. Nicholas stated that the Building Official would lose his staff and, in turn, report to the CDD. He expressed his disfavor with the proposed organizational set -up_ Mr. Nicholas stated further that the person hired should be titled Community Planner and report to the Building Official. Ms. Roberts stated that she had not viewed Council's participation at this level of detail with other Departments. Mayor Pro Tern Hoog agreed with Mr. Nicholas on the title Community Planner and that the person should report to the Building Official and he, too, did not agree with the organizational set -up. Ms. Roberts asked to hear the Building Official's thoughts on the subject; however, other Council Members disagreed that Mr. Morley should make any comments. Ms. Roberts stated how the Building Official and the City Planner work cooperatively and she envisioned a seasoned professional and not a novice. Mr. Boucher clarified that the position title would include Planning and Development and the individual would report directly to the City Manager. Per City Council approval, the City Manager would proceed with posting the job vacancy. A motion was made by Mr. Petsos and seconded by Ms. Roberts to extend the meeting until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 11. Citizen Awareness and Participation Plan. Mr. Petsos pointed out the benefit of a Citizen Awareness and Participation Plan [CAPP]. Ms. Roberts reminded how a previous developer did not present a proactive project. This forum would provide some simple guidelines and would set the standard between the community and the developer. Mayor Pro Tern Hoog stated that the community has an opportunity to participate during the Board review process. Mr. Petsos brought out that municipalities were being forced into CAPP's through State legislation. Ms. Roberts related on the positive result when Ron Jon's Cape Caribe, Inc. reached out to the community and gained their relative input. Mr. Nicholas suggested for the new Community City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 14 of 14 Development staff person to establish a threshold of which projects would need a CAPP review. 12. Florida Department of Community Affairs 2408 Draft Legislation. Mayor Randels stated how many bills have changed since their inception. Mr. Peetz addressed the Citizens Planning Bill of Rights which required local governments to hold community neighborhood meetings prior to filing an application for a Future Land Use Change. This bill combats Hometown Democracy. Mr. Peetz reviewed that the bill required meetings prior to filing adoptions and a reduced number of large -scale amendments from two to one per year. Mr. Peetz also reviewed that a super - majority vote, and not just a majority vote, would be needed from the Council following a Local Planning Agency recommendation, to adopt a recommended Comprehensive Plan. Mr. Peetz referred to the draft Coastal High Hazard Area that addressed Category One storm surges. He stated that if this were not addressed, they would need to be addressed. Mr. Peetz stated that identifying shelters for a Category 5 hurricane was also required. He then referred to changes to the Urban Growth policies. The intent was for specific counties to have the cities identify urban development areas and area wide gross densities and intensities. The Department of Community Affairs views this as maximum potential. Mr. Boucher stated that if any of the Legislation passed, the City would be required to incorporate those changes since it was in the process of its Amendment cycle. Mr. Peetz explained for clarification that the State adopts guidelines for the benefit of those cities that have no awareness of how to obtain compliance. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Table Items No. 13 and 14 until the next Regular Meeting and to move the items to a category of Old Business. 13. Temporary Off - Premises Signs. 14. Central Canal Area. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. � Rocky Randels, MAYOR Susan Stills, CIVIC, CITY CLERK