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HomeMy WebLinkAboutMinutes 01-02-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 2, 2007 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL- Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Public Works Director PRESENTATION: Holiday Beautification Awards Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan stills Andrea Bowers Ed Gardulski Ms. Judy Hale presented the Holiday Beautification Awards on behalf of the Board. Ms. Joanne Childress of the Hairworks, Etc. at 6811 North Atlantic Avenue received the award in the Commercial category. Ms. Carolyn Dougherty received the award for Cape Shores Condominiums in the Multi - Family category. Mrs. Bonnie Frost of Poinsetta and Madison Avenue received the award in the Residential category. Mrs. Frost credited her husband for the decorating effort. Leo Nicholas — 20 Years Public service Award Mayor Randels presented a plaque and a pin from the Florida League of Cities to Council Member Leo Nicholas for 20 years of public service. The acknowledgement was part of the League's Excellence Awards ceremony. Mayor Randels related that he had the privilege of traveling with Mr. Nicholas to one of Cape Canaveral's Sister Cities in Italy. City of Cape Canaveral, Florida City Council Regular Meeting .January 2, 2007 Page 2 of 13 Mr. Nicholas expressed his honor to receive the award. He informed that he moved into the City in 1963 and became involved on the Planning and Zoning Board in 1964. Mr. !Nicholas expressed that the Board member's service, although not acknowledged by the League, was valuable. He acknowledged the Board Members in the audience: Mary and Lamar Russell, Jim Hale, Craig Stewart and Marilyn Rigerrnan for their volunteer work on the City Boards. He restated that the League needs to acknowledge those on the Boards as well. Mayor Randels noted that Mr. Nicholas was also involved with the Veterans of Foreign Wars and other community efforts. Mr. Nicholas thanked the League and the Council for the recognition. CONSENT AGENDA: I. Purchase of Lab Equipment in the Amount of $15,290. 2. outdoor Entertainment Permit for the Brevard County Traveling Skate Park. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Mayor Randels informed from the Recreation Director that the traveling Skate Park would only be available for one day and not the full weekend. Mr. vardulski replied to Ms. Roberts that the equipment was the latest available in the industry. Mayor Randels responded to Ms. Robert's question on the number of times that the park was obtained at least twice per year. Mr. Boucher affirmed that Ms. Hanson requested that Park whenever it is available. Ms. Roberts expressed that the Business and Cultural Development had looked into obtaining a permanent Skate Park near Cherie Down Park at one time. Mayor Randels informed of the challenges for the traveling park which was more restrictive and street skateboarding and called for the use of helmets, pads and for parental permission if the participant is under 18 years of age. Mayor Randels concluded that the Council would encourage the Board to seek community interest. A motion was made by lolls. Roberts and seconded by Mayor Pro Tern Hoag to Approve Consent Agenda items No. I and 2. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and fps. Roberts, For., CONSIDERATIONS: 3. Motion to Approve: Request for Release of Lien Per Section 2- 260(e), Paul Jindra, 605 Shorewood Drive, Unit E503. City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 3 of 13 Mayor Randels explained that if Code Enforcement finds a resident in violation of a City code the person comes before the Code Board and is fined unless they come into compliance. In this case the resident had cats in his unit in Shorewood and when he was removed 17 cats were found in his one bedroom apartment that became a health hazard to neighboring properties. His personal representative requested a reduction in the fine and asked to pay only the costs for staff time and attorney's fees. Mayor Randels stated that the decision before the council at this time was to approve the costs of administrative time and attorney's fees in the amount of $5,722.52. Mayor Randels stated that the fine was imposed on May 23, 2005. He informed that the City attorney submitted a letter and requested that council consider the same criteria as the Code Enforcement Board: 1) the gravity of the violation, 2) how long the issue prevailed, 3) how long the person took to come into compliance, 4) the accrued amount of the fine, 5) any previous code violations, and 8} any financial hardship or mitigating circumstances. He informed that the Council could do one of the following: establish a lesser amount, or accept the recommendation of the Board, or agree with the imposed fine. Cllr. Petsos reminded that at the previous meeting it was decided to have the Code Enforcement Officer and the Code Board members present for questions. Ms. Duree Alexander, Code Enforcement officer, explained that she received the first call as a complaint of an odor. She stated that ammonia was present when she exited the elevator and Mr. Jindra refused to permit her access to his unit. Ms. Alexander stated that Mr. Jindra attempted to come into compliance by: 1) removed all carpeting, 2) brought in air purifiers, 3) bleached the premises, and 4) removed all his personal property. when Mr. Jindra returned to the code Board he had not however hired a hygienist, air specialist, to certify that the air was ammonia free which was part of the Board order. Ms. Alexander explained that she and Waiter Bandish, of Public'Works performed ammonia detection taking readings from the windows, doors and the wall sockets of the adjoining unit. Mr. Jindra was found in non - compliance due to not complying with the Board Order. He returned to the Board as a repeat violator. Due to Mr. Jindra homesteading the property, the Code Enforcement lien could not be foreclosed on therefore the lien continued. Mr. Jindra's sister subsequently removed him from the property due to his health. After he was removed Mr. David Anderson, a Realtor, also performed air purifying attempts. Ms. Alexander stated that she cited Mr. Jindra for the unit only, the Condominium Association cited him for the garage. Ms. Alexander stated that Mr. Jindra appeared incompetent during the proceedings. Ms. Alexander replied to Mr. Nicholas that the process continued from May 2005 to October 2005. Ms. Alexander referred to her notes and ascertained that when Mr. Jindra came before the Board in May of 2005 he was given until June 22, 2005 to carne into compliance. At the second hearing on June 23 he was given until July 28th to come into compliance and the Board order was amended to require the air specialist and the fine was also increased at that time. The third hearing was withdrawn since Mr. Jindra refused City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 4 of 13 acceptance of the Notice. on August 18 Mr. Jindra was found in compliance of the violation but in non - compliance of the Board order. Ms. Alexander stated that in September of 2005 Mr. Jindra's sister removed him from the property, but she was unaware of the number of cats found. Ms. Alexander replied to Mr. Nicholas that she responded quickly after the first complaint. The First Notice' of Violation was sent on April 25, 2005 and he was given 15 days to come into compliance. Nis. Alexander clarified in response to Mr. Petsos that Mr. Jindra was in compliance with the violation of the ammonia present in the air, but he was not in compliance with the Board Order. Nis. Alexander replied to Ms. Roberts that due to the time and effort expended on the case, the Building official directed her to establish a general fee that resulted in the cost of $5,722.52. Ms. Mary Russell, Code Enforcement Board Chairperson, related on the show of concern by the Solana residents which affected property sales. Ms. Russell clarified that the total costs of the Lien as $116,000 and the Board was requesting retribution of Administrative costs. Mr. Craig Stewart, Code Enforcement Board Member, wrote a statement and voted against the Board's recommendation. He stated that the Board was too lenient in that Mr. Jindra at times did not appear and also threatened to sue the Board for taking action. Mr. Stewart related that the cat odor was pungent and he also related on a lost property sale of $21,500 due to the odor in Mr. Jindra's unit. His delayed action in ammonia abatement precluded property sales and the Condominium Association as well as incurred expenses of approximately $10,000 to $12,000. He stated that Mr. Jindra appeared unresponsive during the Board proceedings. Mr. Stewart did not choose to lower the amount of Administrative costs. He related that he preferred to see the City establish an Agreement for Mr. Jindra to pay retribution to the Condominium Association before his resolving his issue with the City. Mayor Randels informed that the condominium Association had a Lien against the property. Mr. Petsos recounted the City Attorney's view that, "injecting the City into a pending or possible private dispute did not raise to the level of municipal purpose. Therefore imposing a condition to compensate third parties could possibly be found invalid." Mr. Stewart related that Mr. Jindra showed no evidence of illness until he became $115,000 in debt. Ms. Roberts questioned if any other members of the Board were present. Mr. James Hale, Code Enforcement Board member, related from one of the Code Board hearings. He expressed how the cat urine odor was so strong that it prevented them from using their balconies or inviting their families to visit and residents in adjacent units moved after placing tape over the electrical outlets. Ms. Roberts asked Mr. Hale to share the rationale for the Board's decision to have Mr. Jindra pay only the Administrative costs. Mr. Hale related that Mr. David Anderson informed the Board of Mr. Jindra's impaired health and financial difficulty. Mr. Hale stated that the Board wanted in fairness for the City to receive retribution of Administrative time and Mr. Stewart, however, sought a weightier fine. City of Gape Canaveral, Florida City Council Regular Meeting January 2, 200' Page 5 of 13 Mayor Randels informed that he had a history with Mr. Jindra. He related how he worked with four condominium managers to resolve the situation. The Florida Department of Environmental Protection was involved due to Mr. Jindra feeding the cats on the dunes which was destroying the wildlife. He knew Paul Jindra for many years and expressed that he could at times become belligerent. Mayor Randels stated that he would vote against releasing the lien. He stated that the situation was not accidental but deliberate which the neighbors had to endure. Mr. Jindra chose the cats first and the residents second. Ms. Roberts informed that she knew of Mr. Jindra between 1997 and 2001. She stated that to her knowledge there were two cats in the unit and without a doubt he was feeding them in the dunes and in the Shorewood entranceway. Ms. Roberts stated that there was an ongoing conflict in his protection of the cats and the community's interest in not having that behavior within the bounds of the community. She noted Mr. Jindra's declined health over recent years and she also observed a deteriorating mental health. Mr. Nicholas reiterated his position from the previous meeting that he attended the code Board proceedings and the resident's distress was obvious. Mr. Jindra remained stoic although residents prevailed and appealed to him to alleviate the situation. Historically the Code Board did not impose punitive fines and generally that - process has worked; however, in the face of blatant defiance there needs to be some additional fee or penalty involved other than compensation for time. Mr. Nicholas suggested that a substantial fine perhaps not the full $116,000 would set a precedent for future violators. He related on a fine reduced in the case of Ida Blick for $22,000, and the City took a compassionate stance and did not pursue from a punitive standpoint. However, this situation was different and required punitive measures. He hoped to impress on Mr. Jindra that even at a future residence his actions were not acceptable. Mr. Nicholas concluded that there was no competent evidence on Mr. Jindra's mental state and he desired to convey a message. Mayor Pro Tern Hoog related on how Mr. Jindra defied the City in the face of his distraught neighbors. He stated that two substantial Liens were released since his time on the Council. Mayor Pro Tem Hoog concluded that he did not support release of this Lien. He did not see this fair to the Board, staff or the City's residents. Ms. Roberts mentioned that the code Enforcement Board recommended that the Council only recoup the Administrative costs to the City in rationale that was done in compassion toward Mr. Jindra's health situation and this was reflection of the value of the City and in this case there were extenuating circumstances. Mayor Pro Tem Hoog replied that there was no one present to relay any facts. Ms. Roberts conveyed how at this time Mr. Jindra's family nor his representative were advised that factual evidence was needed and in fairness to him and his representatives the City should ask for those documents and she thought it could be provided if requested . Mr. Petsos stated that Mr. Jindra did make an effort when he came into compliance on the air purification criteria and he asked to see some evidence of hardship implied at the City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 6 of 1 3 previous meeting and also verification on his mental health. Mr. Nicholas restated that this situation had prevailed for some time and all documents relating to his situation should have been presented. Ms . Roberts expressed that Mr. J i nd ra's representative was not apprised to the City Attorney's letter citing that the existing evidence was not sufficient. She stated that any hard evidence would give a factual representation of his condition and the Council should give Mr. Jindra a chance. Mayor Pro Tern Hoog expressed his agreement with Mr. Nicholas, Mr. Petsos expressed that he stood by the Code Enforcement Board's recommendation. Ms. Alexander clarified that Mr. Jindra came into compliance in August of 2005 with the ammonia odor but he was not in compliance with the Board Order to seek an air Specialist. !Ills. Roberts expressed her concern that the Council was not proceeding with the Code Enforcement Board's recommendation to forego the larger amount and expressed concern with the City's compassion or lack thereof as it relates toward one of its citizens who has extenuating circumstances. She restated that there were extenuating circumstances. She stated that she preferred for the Council to gain more evidence. Mayor Randels recounted that the Board's recommendation was for the council to 1) approve, 2) approve with conditions, or 3) deny the application for satisfaction or Release of the Lien. The City Attorney's letter also stated that the Council may: 1 ) approve the recommendation, 2) approve with conditions, or 3) deny the Application to Satisfy or Release the Lien. A motion was made by Mr. Petsos and seconded by Mr. Roberts to Postpone the Request for Release of Lien Per Section 2- 260(e) Until Evidence of implied Hardship and Verification of Mental Health is Received by the Next Scheduled city council Meeting. The vote on the motion failed 3 -2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Nicholas, Against, Mr. Petsos, For; Mayor Randels, Against and Ms. Roberts, For. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Deny the Request to Reduce the Lien, Paul Jindra, 605 Shorewood Drive, Unit E503. The vote on the motion carried 3 -2 with voting as follows; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Against; Mayor Randels, For and Ms. Roberts, Against. 4. Motion to Approve: Stottler, Stagg & Associates Proposal for Construction Drawings for Buchanan /Orange Ave. Drainage Project in the Amount of $7,924. Jeff Ratliff, Stormwater Administrator, explained that was Task Four of Stottler, Stagg's cost estimate dated February 2005. He anticipated a positive project review from the Federal Emergency Management Agency (FEMA) and stated this as the last of City funds for the project. Mayor Randels clarified that the Community Development Block Grant was approved for $100,000. Mr. Ratliff stated that he identified the Project Manager and would City of cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 7 of 13 contact this person for status reporting. Mr. Nicholas asked if this change was to extend the large drain pipe. Mr. Ratliff replied that his question referred to what was approved at a previous meeting. He affirmed for Ms. Roberts that the FEMA amount was the balance of the $267,000. Mr. Ratliff replied to Mayor Randels that the engineering drawings should be complete at this time. A motion was mane by Mr. Petsos and seconded by Mayor pro Tem Hoag to Approve Stottler, Stagg & Associates Proposal for Construction Drawings for Buchanan /Orange Ave. Drainage Project in the Amount of $7,924. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 5. Motion to Approve: Public Works Maintenance Building change order Number one in the Amount of $27,929. Ed Gardulski, Public Works Director, explained that as part of the Bid package a disclaimer was included that said soil samples could be performed before determining that the design slab would meet the requirements. Universal Engineering Services performed the study and it was referred to Brown and Caldwell for review. Brown and Caldwell recommended a waffle slab which included more steel for greater support. Mr. Gardulski replied to Mayor Randels that the soil sample determined the various types of land before construction. He clarified that the need for a soil sample was included in the Bid documents. Mr. Gardulski replied to Mayor Randels that the contractor followed the directive in the Bid packet.. Mr. Petsos expressed that the engineering firm that performed the design speculations should have been familiar with the soil types from previous work. Mr. Gardulski clarified that Hartman and Associations performed the plant reconstruction. He explained that a spading of the aeration carousel was done. Mr. Petsos said that a waffle slab was needed. Mayor Pro Tern Hoog stated that the construction process appeared out of fine. Mr. John Allen of Alien Engineering Inc. responded to Mayor Pro Tem Hoog that whoever performed the design should have performed a soil sample first. He questioned how a permit could be issued without soil samples. Mayor Randels concluded that Butler Construction followed the directive in the Bid package. Mr. Petsos stated that the City relied on the engineering firm to recommend what was needed after the soil sample testing. Mayor Randels responded to fills.. Roberts that approximately $80,000 has been paid to Brown and Caldwell engineering up to this time. council requested an explanation from the engineering firm on why the soil testing was performed after the design. The Public Works Director will formulate a response. No Action was Taken on this Item. 5. Motion to Approve: Unity of Title Agreement with Trees for Squirrels, LLC. City of Cape Canaveral, Florida City council Regular Meeting .January 2, 2007 Page 8 of 13 Mayor Randeis explained that this Agreement is for the Storts Animal Clinic property to encompass the perimeter of their two lots. The Agreement provides for the owner to assemble the parcels to improve the property by constructing a single structure on both parcels of the property. As a condition of the site plan approval, the required owner must record this Agreement to demonstrate unity of ownership and title on the above - referenced parcels. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve A Unity of Title Agreement with Trees for Squirrels, LLC. The vote on the motion carved 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randeis, For and Ms. Roberts, For. ORDINANCES: second Public Hearin 7. Motion to Adopt: ordinance No. 23 -2006, at Second Reading. Mayor Randeis read Ordinance No. 23 -2000 by title. An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 11% zoning, of the cape Canaveral Code of ordinances, Providing that Establishments which Require a Special Exception to serve Alcoholic Beverages May not be Permitted to Locate within Three Hundred (300) Feet of the shoreline of the Banana Rarer or of the Atlantic Coast; Providing for the Repeal of Prior Inconsistent ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date. Mayor Randeis clarified that the Ordinance was changed to include the language, "the mean high water along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the forth shore owned by the state in its Sovereign capacity. The City Council believes that the mean high water line shall act as the technical benchmark for purposes of prohibiting Special Exceptions for service of alcohol beverages within 300 feet. Mayor Randeis clamed that the determination for measurement was taken from the Florida Statues. Mr. Petsos stated his favor on the ordinance in that it helps to maintain the City as a residential community. Mr. Nicholas questioned that in Section 171, one paragraph stated that, "the distance shall be measured as the shortest distance between the property line(s) of the establishment." He asked if that meant the property line or the actual property. Mayor Randeis stated that the measurement was 300 feet east of the shoreline. Mr. Nicholas questioned what would occur on property that extended to the river. Todd Peetz, City planner, stated that the Board decided a restaurant or a place serving alcohol would have to establish a property 300 feet away from the water body. He clarified that any property 300 feet from the water could not serve alcoholic beverages. Mayor Randeis explained that a property would have to be subdivided in order to dispense alcoholic beverages at the point 300 feet from the river. Attorney Oarganese replied to Mr. Nicholas that from the river the mean high water line is still the mark for distance. For the record, Mayor Randeis noted that the Ordinance was properly advertised on December 23, 2000. City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 9 of 13 There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Ordinance No. 23 -2006 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Haag, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: ordinance No. 24 -2006, at Second Reading. Mayor Randels read Ordinance No. 24 -2006 by title_ An ordinance of the City of Cape Canaveral, Florida, Amending chapter 110, Zoning of the Cape Canaveral code of ordinances; Repealing the Phrase "Hotels and Motels" from Section 110 -336(1) a to Make Section 110 -335 consistent with other Provisions of the city Code Regarding Hotels and Motels; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporations into the Code; Severability; and an Effective Date. Mayor Randels explained this Ordinance as an amendment to make Section 110- 336(a) consistent with other Code provisions as recommend by the Planning and Zoning Board. For the record, Mayor Randels noted that the Ordinance was first heard in Public Hearing on December 19 and duly noticed on December 23, 2000. He stated that Code Review brought out a conflict in the code and hotels and motels would be eliminated from the Section 110 -336 relating to a minimum lot area of 12,000 square feet. However, hotels and motels would remain in other Code sections at five acres minimum and 150- units. There was no public comment. A motion was made by fps. Roberts and seconded by Mayor Pro Tem Hoog to Adopt ordinance No. 24 -2006 at Second Reading, The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTIONS: 9. Motion to Adopt Resolution No. 2006 -51; Amending the Retirement Plan and Trust Agreement for the Employees of the City of cape Canaveral. Ms. Bowers explained that a third account was needed for the City's portion of the matching plan. It was anticipated that the City's snatching portion of the plan would be included into the 401(a) part of the plan; however, a third fund was requested to accommodate the City's part of the match. The employees part of the snatching plan was under 467(b) Deferred Compensation Rules. However, the City's match, although in a third account was subject to the same rules as the City's 401(a) portion of the plan. An employee could not expend any portion of the City's fund match as they could with the 457(b) participant's contribution. Mayor Randels concluded that an employee had the City of Gape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 10 of 13 opportunity to contribute to the plan up to total of 13 percent: a 7 percent base contribution with up to a 3 percent match from the City and up to 3 percent on the employee's part. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Resolution No. 2006 -51. The vote on motion carried 5-4 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Nis. Roberts, For. SITE PLAN: 10. Motion to Approve: Ace Hardware Addition Site Plan, 8300 Astronaut Boulevard, Allen Engineering, Applicant_ Mayor Randels explained that the City Council would consider a proposed Site Plan for the addition of a greenhouse, 5,000 square feet of retail space and 2,440 of accessory storage for Ace Hardware as recommended by the Planning and zoning Board. Mr. Peetz explained that the accessory storage was for the retail store only. Parking was added primarily for the employees and parking was added to the front as well. There was ample capacity on State Road Al A. Water and sewer were adequate and there was no impact to the population or the Parks and Recreation Department. They also met the landscaping requirement and were able to retain a substantial Ficus tree as well as a large oak as noted by the Mayor. Mayor Randels related that the community anticipated the Garden center. Mr. Marvin Nichols informed that more items would be included along with the garden supplies. He also informed that the store has over 30,000 registered retail skews. Mr. John Allen stated that all was approved by the Florida Department of Transportation and the St. Johns Water Management District. Ms. Roberts asked Mr. Nichols to relate on his experience as a business owner in Cape Canaveral. Mr. Nichols related that the Cape Canaveral store was discussed in light of potential success and he and his wife purchased the store after the previous owner's failed attempt. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Ace Hardware Addition Site Plan at 8300 Astronaut Blvd. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 11. Mixed -Use Zoning. Mayor Randels stated that Mayor Pro Tem Hoog initiated discussion on the topic and the City Manager provided some research. Mayor Pro Tern Hoog related that the property owners that he spoke with were receptive to a zoning change for a mixed -use concept or remaining commercial. He clarified that a previous discussion for a mixed -use concept City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 11 of 13 was for the riverside. Mayor Pro Tern Hoog related further that he was in favor of the mixed use construction that he had seen around the state. Ms. Roberts expressed her concern that in the future development of the City that the Council encourage developers to retain some green space. she did know that the property in discussion was mentioned as a park and of course that would depend on the feasibility of its purchase. She expressed the concern as she continued to hear from the residents that the City was not protecting the green space to the extent that the Council could make that a part of whatever it might do as continued development. Ms. Roberts encouraged the Council to consider this. Mayor Randels noted some of the strong points of mixed -use since the use of the building was condensed and allowed more parking and less area for development. He used a quarter acre lot with one home as an example. Mr. Petsos stated that placing different uses in the same building might encourage setting aside some of the land for park area. Mr. Nicholas pointed out how the objections voiced on the Special Exceptions for residential in commercial zoning were being consolidated into the mixed -use project. Mayor Pro Tern Hoog explained that the mixed -use concept was a specifically zoned area for its type of use. He stated that the property was under contract for purchase to construct multiple town homes but that did not succeed. The area was predominately undeveloped with exception to the north. Mayor Pro Tenn Hoog informed that the Builders Supply owner also expressed an interest in this type of zoning. Mayor Randels clarified that the mixed -use that occurred through Special Exceptions, such as a service station next to an apartment house was not favorable. However, with a 29 --acre parcel while preserving trees could result in a fairly usable project. Mayor Randels informed from an article in Florida Trend that Hallandale Beach converted their urban downtown to a mixed -use concept as well as Perry, Florida a former lumber town. He also noted from the article that West Palm Beach has successfully used the mixed use concept since 1989. Mr. Peetz expressed that the mixed -use was a concept that proceeded automobiles. He informed that in Winter Park this concept avails itself to those working in the area and living and shopping in the same area was an added benefit. Mayor Pro Tern Hoog replied to Mr. Hale's question on acreage that one property was 8- acres, the other was approximately 8 -acres and another was 10- acres. Mr. Hale related that just outside the colonial Williamsburg area an upscale mixed -use concept was developed and he encouraged the council to seek a high --end project. He expressed his favor with the previous Greene Development project and his thought that such a project could work in the City. Mrs. Hale questioned if the property that was previously considered for town homes on Washington Avenue could become a mixed -use. Mayor Randels replied that that property might be too small. Discussion followed on other mixed -use communities in other areas. Ms. Rigerman expressed the need to research a minimum size lot in order to acquire a variety of commercial entities as well as enough residential units. The City also needed to City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 12 of 13 be restrictive on the types of retail establishments allowed. She stated that the criteria could be included while developing the new zoning type. Mayor Randels concluded that there appeared to be an interest. Mr. Nicholas stated that independent review, and not propelled by a developer, would result in what is best for the City. Ms. Roberts recommended looking at the whole of the City as it relates to this concept as a big picture concept may identify several locations for this use. Mr. Nicholas said that establishing the zoning should come first and then the application for development. Ms. Roberts stated that the City has some land that would be redeveloped. Mayor Pro Tem Hoog pointed out that a developer would need to purchase different individual properties. Mr. Russell pointed out that walking traffic was the key to success in a mixed -use development. Mr. Nicholas responded that a developer would seek to know the number of residential units that might require changes in the City's density or height restrictions. Mr. Russell stated that a zoning and height change would therefore require a referendum. Ms. Roberts related how old Town Alexandria, in Washington, D.0 had a similar height limitation; however, its density was higher. She expressed that the North Atlantic Avenue area seemed to have a higher pedestrian traffic given the higher residential density. Mr. Russell spoke on the success of the Whitley Bay condominiums for the Cocoa Village area. Mr. Nicholas pointed out that the marina associated with the condominiums lent itself to a high -end clientele. Mr. Boucher related that parking garages were a part of the mixed -use concept and this permitted more pedestrian traffic. He responded that the higher density on a barrier island, however, was a Florida Department of Community Affairs issue. Ms. Hale spoke on the substantial amount of growth in her neighborhood. Mr. Russell pointed out that a wide walking thoroughfare was needed to accommodate the walking traffic. Ms. Rigerman included the need to traverse State Road A1A safely. REPORTS- 1. City Manager Mr. Boucher announced the Joint workshop Meeting with the Planning and Zoning Board on January 11 tn. He would provide information on what other communities are doing. Mayor Randels stated that this meeting would accommodate discussion from the council and the Board and not comments from the general public. Ms. Roberts requested as much relative data as possible in light of the outdated data that was provided during a previous meeting. Mr. Boucher reported that the roof on city Hai[ was nearing completion. Replacement panels were not available; however, the roofer would seek a way to secure the roof. Mr. Boucher proposed several meeting dates for the following topics, such as the Sewer Rate Study, the Space Needs Assessment on City Hall and the Police City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 13 of 13 Station, and a Review with Commander Scragg on Law Enforcement issue. The dates in discussion were: January 23 25 "', 20 30 or 31s Code Review would resume on January 16 Mr. Boucher reported that there were no major incidents during the holidays. However, a blown transformer eliminated power in City facilities upon return from the holiday Public Works Director Mr. Gardulski reported on an upcoming meeting on the biosolids and the City's anticipated share. City Planner ■ Mr. Peetz requested a second public meeting for January 25 for the Evaluation and Appraisal Report to review data from 1 088 up to now. He would invite the Building Office, the Public Works Director and the Parks and Recreation Director to attend. City Treasurer ■ No report. City clerk ■ No report. AUDIENCE TO BE HEARD: ■ Mr. Hale informed that Ms. Paula Collins submitted a letter and he had sent an E- mail to the Circulation Manager regarding the Hometown News distribution that has become litter. Mr. Boucher responded that the two choices were to: 13 return to direct mail, or 2) discontinue circulation. Mr. Boucher explained how their advertising was relative to distribution. Mr. Hale expressed that the distribution however resulted in an exercise in futility for the Adopt A -Road program. ADJOURNMENT: There being no further business the meeting adjourned at 10:00 P.M. Rocky Randels, MAYOR 6 CON& Susan tills, OUIC, City Clerk Y ..�