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HomeMy WebLinkAboutMinutes 07-17-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 'I'I'I Polk Avenue, Cape Canaveral, Florida TUESDAY July 17, 2007 7:00 PM MINUTES CALL To ORDER: The Chair called the meeting to order at 7:05 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Clerk City Treasurer Building Official PRESENTATIONS: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Susan stills Andrea Bowers Todd Morley Dianne Marcum New Book: Gape Canaveral, Cocoa Beach & Florida's space Coast Great Destinations. Ms. Dianne Marcum introduced herself as a Central Florida resident for 25 years and of Cape Canaveral for 10 years. She stated that the Brevard County area is only listed as a footnote in travel books that led her to writing a book about the area. Ms. Marcum presented the book cover for the Council's viewing. She related that Countryman Press would publish the book as part of their "Great Destinations" series which focuses on areas that are regions of extraordinary cultural interest and natural beauty. Ms. Marcum stated that the book would be available at notable retail booksellers. She informed that in the previous year over 40 million people visited Central Florida and Cape Canaveral was one of the closest beaches to that market. Ifs. Marcum also informed that the area was well positioned as an alternative vacation spot aside from the theme parks. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 2 of 11 Ms. Marcum pointed out that this area has some of the best beaches, lodging, and is also near Port Canaveral. Ms. Marcum shared that Ponce de Leon landed on the shores of Brevard County and Canaveral was one of the oldest markers on maps and she shared how 500 years later astronauts headed for space from nearby. She also shared that the word "astronaut" in Greek meant star sailor, which carried relevance from Cape Canaveral's past to its present. Ms. Marcum also related that the Indian River Lagoon estuary was one of the most diverse and with the trend toward nature based vacations the area was again well positioned. Ms. Marcum concluded that the book would be available in January 2008. Ms. Roberts commended Ms. Marcum as a creative contributory member of the Business and Cultural Development Board due in part to her executive experience with the Disney Corporation. Ms. Roberts thanked Ms. Marcum for her efforts in that capacity for the City. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of .duly 3, 2007. Ms. Roberts pointed out an omission of two words on Page 6, paragraph 3 that read, .. , the City had not gone on record with its concerns. The City Clerk would make that correction. 2. Outdoor Entertain Pe for the 'Brevard Cou Traveling skate Park Mayor Randels informed that the Traveling Skate Park would be located on the basketball courts at the Mouth Center this year. A motion was mace by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve consent Agenda item No. 7 with the correction noted and Item No. 2. The vote on the motion carried 5�l with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For, CONSI DERATION: 3. Motion to Approve: cooperative Purchase and Installation of Playground Equipment for city Park in the Amount of $1 08,092.87. Robert Lefever, Acting Recreation Director, referred to the anticipated park layout that would be separated into two sections: one for toddlers and another for adolescents. Mr. Terry Perkins, Representative for Playmorre Recreation, spoke on behalf of the equipment company and informed that Playmore also sits on the Americans with Disabilities Act [ADA] Board. Mr. Perkins informed that he performs up to 200 installations per year and he noted that the company also works with the Brevard, Volusia, and Orange County School Boards. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 3 of 11 Mr. Perkins described the equipment and replied to Mayor Randels that chestnut, green, and beige were the chosen colors. Mr. Perkins replied to Mayor Randels that engineered wood fiber was double -cut wood designed as a mulch that was ADA compliant as well as durable. Mr. Perkins explained that this was an organic surface and therefore cooler than a rubber surface. Mayor Randels acknowledged that former Recreation Director Nary Hanson was awarded a State grant in previous years with the City funding a budgeted 25 percent. Mr. Perkins replied to Mr. Petsos that the mulch was not treated. Mr. Perkins referred to the play web and displayed a piece of the equipment which was cable wrapped with carpet fibers that provided more flexibility than a steel frame. Mr. Perkins informed that each piece of equipment had third party certification to meet American Standard Testing Materials [ASTM] standards. The play web has visibility through it for safety purposes. Mr. Lefever replied to Mr. Petsos that part of the remaining funds would be used for sidewalks as well as: replacing the perimeter fencing, refurbishing the pavilion, renovating the rest rooms and landscaping and sod. Mr. Perkins affirmed to Ms. Roberts that the equipment met ASTM standards; however, there had been some injuries as a matter of risk. Mr. Perkins informed that the company was installing 12-inches of mulch on both playgrounds and he stated that there was $12 million of liability insurance coverage on equipment breakage from Play World and $2 million on the installation from Playmore. Mr. Perkins pointed out that the designated signage would outline the regulations for play. Ms. Roberts commended Mr. Lefever on his follow-up on lilts. Hanson's work to include the Life - Trail. Mr. Perkins explained the Life -Trail was a walkway with workout stations and was historically well used. Ms. Lee Vicidomini asked if the City would have an equipment maintenance program. Mr. Perkins replied that visual inspections, removing glass, and tightening bolts were part of the maintenance plan as well as how often to make inspections. Mr. Perkins stated that Mr. Lefever would be given special tools, pruner, and graffiti remover. Ms. Vicidomini also asked if the wool mulch was termite resistant. Mr. Perkins re-- stated that the wood mulch was not treated and informed that sand was not ACA accessible and would ruin the playground equipment. Mr. Perkins confirmed that to date there had been no problem with the wood mulch. Mr. Craig Stewart asked how long the wood mulch would last at 12- inches deep. Mr. Perkins replied that the mulch was added to from year to year due to wear and loss. Mr. Perkins pointed out that the wood mulch was cleaner and at least three - inches of mulch would be added every year to year and one -half. A motion was matte by Mr. Nicholas and seconded by Mr. Petsos to Approve the Cooperative Purchase and Installation of Playground Equipment for City Park in the City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 4 of 11 Amount of $108,092.87. The vote on the 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. SITE PLANS: 4. Motion to Approve: site Plan for Caribbean vistas; Jaynes E. Morgan, Applicant Mayor Randels clarified the address of 220 Madison Avenue and cited the location as the northeast corner of Poinsetta and Madison Avenue. Mayor Randels stated that the Planning and Zoning Board approved the Site Plan with four conditions subject to a 90 -day satisfaction. Mr. Todd Peetz, City Planner, stated that he had the draft minutes available from the previous Planning and Zoning Board meeting. Mr. Peetz read the Board's four conditions into the record as: 1) assure that the front sump pump is consistent with the water retention calculations, 2} correct the drawing to show that the sidewalks are not a grassy area, 3) if dry detention is intended, then drainage engineering shall be provided; however, if dry detention is not intended, change the wording on the site Plan to "retention" area, 4) re -examine the soil elevation around the trees on the east side. (Developer may need to grade around the trees). Mr. Peetz added a fifth condition: to limit to thirty -five percent lot coverage. Mr. Daniel Coons affirmed to Mr. Nicholas that the pool had been removed and backfi l led. Mr. Peetz stated that the lot coverage calculated close to 37 percent. Ms. Roberts stated her concern with the limited green space. Mr. Peetz replied to Ms. Roberts that he believed the Community Appearance Board reviewed the project; however, he was uncertain if the Planning and Zoning Board's review was the same material as the Community Appearance Board. Ms. Roberts stated that she desired to see what the Community Appearance Board had reviewed. Mr. Peetz stated and Mr. Coons confirmed that the project was townhomes. Ms. Roberts requested to see more landscaping in future developments and also for the Council to view what was given to the Community Appearance Board. Ms. Roberts also clarified that there were no plans for short-term rentals with this development. Mr. Coons firmed to Mr. Petsos that a contiguous four -foot sidewalk was planned on both the Madison and Poinsetta sides of the project. A motion was made by Mr. Petum and seconded by Mayor Pro Tem Hoog to Approve the Site Plan for Caribbean with the Five Noted Conditions. The vote on the motion carried 5-0 with noting as follows: Mayor Pro Tern 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 July 17, 2007 Page 5 of 11 5. Motion to Approve: Site Plan for Mermaid Key; Martin Greene, Applicant. Mayor Randels related that the city Attorney recommended a Unity of Title on the south commercial parcel and the applicant will assume the cost of a sewer force main relocation. Mayor Randels reviewed and stated that the content of the Applicant's packet was complete. Mr. Peetz stated that there were no inconsistencies with levels of service. He read into the record the seven conditions for approval as recommended by the Planning and zoning Board: 1 ] The sewer line from the south commercial building needs an easement; and the sewer line needs to be re- located to save a 204nch tree; 2) the lift station pump sequence shall be changed so an alarm is activated if the liquid level rises above the lead pump " "on" level and before the liquid level reaches the lag pump "on level; 3) the north and south fountain details shall be re- designed, because the present 18 4nch dimensions are incorrect; 4) provisions shall be made for recycling containers at each du114 - Jster site; 5} a lighting plan for the streets and sidewalks shall be submitted and approved by the City; 5] a shared parking easement on the north parcel shall be approved by the city; and 7) cross access easements shall be provided on the north and south parcels. Ms. Roberts asked if this were a condominium or a resort condominium. Mr. Peetz replied that he reviewed the project as a condominium and he deferred to the owner, Mr. Martin Greene, on the use of the property. Mr. Peetz replied to Ms. Roberts that staff did not review the condominium documents since those were sent to the State. Ms. Roberts stated how she hoped to have those documents in the future since they explain how the condominium would operate in the City. Mr. Peetz replied that the applicant brought the Community Appearance Board renderings to the Planning and Zoning Board. Ms. Roberts stated for the record that this was an example of the council not receiving the same documents as the Boards. she also recommended that the Business and Cultural Development Board review large commercial projects that impact the business community. Mr. Peetz replied to Ms. Roberts that there was no requirement to notify adjacent properties. Mr. Peetz responded that he was not aware that the project would apply affordable housing. Mr. Peetz replied to Ms. Roberts that no water access was indicated in the plans. Ms. Roberts also questioned the proposed wall to which Mayor Randels replied that Attorney Pickles could answer that question. Ms. Roberts stated her concern with adequate green space in that the project appeared extensively developed. Mr. Peetz replied that there were no specimen trees, trees over 24- inches, on the site. Mr. Nicholas asked if Mr. Greene was fined or tree mitigation required from a past tree - clearing incident. Mr. Martin Greene replied that three were placid on public property and two on the promised property. Ms. Roberts asked what types of businesses were proposed for the site. Attorney Tim Pickles of 3490 US Highway 1, Cocoa,, FL, stated he would address the legal aspect of the project and Mr. Greene would address the technical aspects. Attorney City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 6 of 11 Pickles stated that this was a proposed condominium development; however, the project } p J applicant could seek a resort condominium application as a grandfathered -in Site Plan under the City's resort condominium application process. Ms. Roberts stated for the record that she was not aware of that intent. Attorney Pickles stated that condominium documents were public records that were recorded in the Brevard County Public Records. He stated that to create such documents at this point would be premature since the Site Plan had not been approved. Attorney Pickles stated that any easements would be performed; however, to do that at this time would also be pre - mature. Attorney Pickles addressed a 20 -inch tree for mitigation in opposition to relocatin g an easement. Mr. Peetz informed that the tree was too large for relocation; therefore, it would need mitigation at a ratio of three --to -four trees. Mr. Petsos stated that the City required mitigation in order to save trees. Mr. Martin Greene, applicant on behalf of the Mermaid Key, LLC, addressed the Council. Mr. Greene stated that, under City code, he was allowed to mitigate the tree if the sewer line could not be moved. Mr. Greene clarified the four -part plan as: the north and south residential plans and the north and south commercial plans. He affirmed to Mr. Petsos that the proposed roject p ! was a phased plan. Mr. Greene clarified that each building was numbered for the purposes of obtaining Certificates of occupancy. Ms. Roberts asked Mr. Greene if he had briefed the community with his proposed intentions on the project. Mr. Greene stated that he had spoken with both Treasure Island and Discovery Bay condominiums. He stated that he complied with the City's zoning regulations. Mr. Greene replied to Ms. Roberts that he was not considering affordable housing due to the cost of the land. Mr. Greene informed that he was aiming for high tech businesses. Mr. Greene replied to Mr. Nicholas that accessibility to the commercial portion on the south side had its own driveway. He confirmed 108 residential units proposed for the north side property. Mr. Greene replied to Mr. Nicholas that there was discussion related to a traffic light at the end of Thurrn Blvd.; however, that was a call by the Florida Department of Transportation. Mr. Greene replied to Ms. Roberts that the anticipated gall was a 16 -foot, stucco wall and he planned to give the residents of Treasure Island the opportunity to choose the aesthetics on their visible side of the wall. Ms. Roberts stated her concern with the wildlife in the south portion of the canal evidenced through the City's south drainage ditch project. g p 1 Mr. Greene replied that development was controlled by the St. John's River Water Management District and to date he had not applied any access or boardwalks into the river. Mr. Greene informed that much of the implied greenery existing on the ro P perty was Brazilian pepper that actually destroys most of the landscape. Mr. Greene explained the intention of two -story townhomes with one -story flats above them accessible by elevator. Mr. Greene stated his intention of a deep 12-foot, retention pond in order to avoid the growth of green algae. Mr. Greene expressed his intent to use City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 7 of 11 the right to apply as a resort condominium and the residents could decide whether or not to use it. Mr. Greene clarified for Ms. Roberts that the new language related to housing was "attainable, not "affordable," housing that under Housing Urban Development meant that it qualified for section 8 applicants. Mr. Greene stated that the price range would begin in approximately the $350,000 price range. Ms. Roberts pointed out that the City had not introduced the concept of "attainable" housing and the Council had not asked developers to build with attainable housing in mind. Ms. Roberts stated that if the City valued the service of those who work in the community, then attainable housing should be a consideration. Attorney Pickles explained that when a developer considers attainable housing, the City must also consider some incentive to the developers for creating that housing. Mr. Moe Ledeaux, President of Treasure Island Club Condominiums and Mr. Dan Marshall, Chair of its Easement Committee, addressed the Council representing those residents and stated that they would have wanted to be notified of the proposed project. Mr. Marshall stated that Treasure Island Club had a perpetually exclusive easement to a recreation area that they have maintained for 19 years. He stated that Mr. Greene's project would impact that recreation area by the removal of a 6-foot, wooden fence and construction of the proposed site Plan that would overburden, interfere and possibly destroy the existing recreational easement. Mr. Marshall stated that the site Plan would directly interfere with the existing property rights of individual owners that have individually deeded docks. Mr. Marshall related that Mr. Greene referred their water - related concems to the St. John's River Water Management district. In summary, Treasure Island Club residents expressed recreation easement, environmental, and credit issues and they requested that the Council deny the request for the Mermaid Key LLC Site Plan until these concerns were resolved. Mr. Marshall explained how one of the builders negotiated the recreational easement to Treasure Island Club during a land sale. The easement was recorded in 1 938. Mayor Randels concluded that this (natter was a land dispute in a civil issue. Mr. Marshall explained that a wooden fence exists; however, Mr. Greene was proposing a concrete wall. Mr. Marshall stated that Mermaid Key LLC purchased the land from Discovery Bay LLC in 2004. Attorney Pickles explained that the easement was part of an agreement as a judgment with the prior development; however, the easement was not an exclusive easement. The easement was reflected on the site Plan. The easement provided what was required: four picnic tables, a barbeque grill, and a gazebo. The Site Plan acknowledged that the easement exists and if the Site Plan met the CiVs criteria that that was subject of approval. Mr. Greene stated that the intention was mutual use with the existing residents with a new and better gazebo. Mr. Greene stated Treasure Island Club would have the use of the property for the picnic table and the gazebo. Mr. Greene replied to Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 8 of 11 that he planned to build a wail and a new gazebo to replace the existing one that was reflected in the Site Plan. Attorney Pickles clarified that Mr. Greene would not build anything that would obstruct the easement area. Mr. Marshall stated a difference of the opinion between Treasure Island Club residents and Mr. Greene's proposed project. Mayor Randels pointed out that if there were changes to the proposed Site Plan, then the developer would need to come before the Council again. Ms. Janet Olsen of Treasure Island Club asked if there were an official legal definition of a resort condominium. Attorney Garganese responded that resort condominium related to the length of occupancy. Attorney Pickles stated that this was a residential condominium property not a mixed -use. Attorney Garganese raised the point of life/ safety issues and stated that additional expenditures that the developer would need to make to meet the State requirements for life/ safety. Ms. Roberts stated that the nature of the transient element impacted the neighboring communities which prompted her concern over the lack of notification requirements to adjacent properties. Attorney Pickles stated that the City's Police powers would handle violation of City laws and stated difficulty in regulating potential behavior. He concluded that if the Site Plan met the code, he requested that the Council approve the Site Plan. Mr. Craig Stewart, Code Enforcement Board Member and Treasure Island Club resident stated his concern related to the waterway and the tourist boats that enter the canal several times per day to view the manatees. He requested to see some action to prohibit anyone from using the canal area. Mr. Stewart informed that he was also a member of the Space Coast Association of Realtors Environmental Committee and he expressed the importance of protecting the environment. Mr. Stewart also stated his concern with placing short-term dwellings in an area in which those persons would seek use of the amenities available to the year -round residents in that location. Mr. Greene clarified that these condominiums were not time- shares; however, he did p lan to use the right to apply as a resort condominium. Mr. Greene stated that he had not applied to St. John's for boat docks for use of watercraft and he emphasized that he had no intention of widening the drainage ditch based on the St. John's River Water Management District regulations. Mr. Greene stated that he did plan to construct a wall; however, he would make every attempt to work with the Treasure Island Club community. Mr. Ledeaux questioned if Treasure Island Club could ask for a condition on the Site Plan approval. Ms. Sharon Molinari went on record to state that she did not desire to share any expenses related to the recreation area with the Mermaid Key project. Attorney Pickles stated that any proposed conditions would need to follow the City's Ordinances as Mr. Greene was willing to work with the Treasure Island Club residents. City of cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 9 of 11 Ms. Roberts requested to table the item until she received more information related to the lighting, discussions between Treasure island club and the developer and the development related to the intent of a resort condominium development. A motion was made by Ms. Roberts and seconded b Mr. Nicholas to Table the y Site S Plan Approval for the Mermaid Key Project. The note on the motion carried 3 -2 with voting as follows: Mayor Pro Tenn Hoog, Against; Mr. Nicholas For; Mr. Petsos For; Mayor Randels, Against and Ms. Roberts, For. Mr. Greene stated that he had nothing more to bring to the council and he went on record stating Mr. Nicholas as biased. Mr. Petsos requested city staff~ to locate Mr. Greene's permit with St. John's Water Management District. Mr. Greene stated that he could not obtain a permit with St. John's until he obtained approval from the City. Nils. Roberts stated y that she had looked at the application as a condominium not a resort condominium. Ms. Janet Clement, Treasure Island club resident, stated that she was forced to walk over a sidewalk on State Road Al A broken by the steam shovel performin g the tree clearing on Mr. Greene 's property. Staff would investigate the location. Mr. Bill Campbell asked if the city would continue to pave to Washingt Avenue as well as church Street. Mayor Randels replied that those streets would be repaired i red subse uent to the sewer force main replacement. p q Ms. Joyce Hamilton asked how many people have come forward with short -term rental applications. Mr. Boucher replied 29 resort dwelling units and 398 resort condominiums. A motion was made by Mr. Nicholas and seconded Ms. Roberts to Extend the Meeting to 10:30 P. M. The vote on the motion ca rried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels For and fills. Roberts, For. REPORTS: 1. city Manager • Mr. Boucher reported that he met with the president o f Ron Jon pro 's on his 'ect and he would address the City Council on August 21 � . • Mr. Boucher questioned which of the two letters the council desired to forward to the Port? Mayor Pro Tern Hoog related on his discussion with Mr. Ralph p Kennedy regarding the use of Jetty Park. Ms. Roberts stated that the City should go on record with its cvncems and forward a letter to all Port Commission members. Mayor Randels pointed out that the letter to the Port Com mission expressed the purpose of opening a dialogue. Mr. Petsos recommended amending the letter to relate to the citywide impact of their proposed ro`ect and not p � just the northern part of the city. Mr. Nicholas stated his concern with the impact to City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17, 2007 Page 10 of 11 traffic. Mr. Boucher concluded that he would have the letter ready b the Si e Y n � Code Meeting on Thursday, July I for the Council Member's signatures. • Mr. Boucher reported that the sand by -pass project was bid. The bids were within the Army Corp of Engineers estimated prices and Canaveral Port Authority was the projects sponsor. • Mr. Boucher encouraged Council to read the quarterly reports in the Agenda Packets. • Mr. Boucher reported that the sewer force replacement maim project �, P 1 began on Monday, July le . • Mr. Boucher informed that the Army Corps of Engineers required permit from q the City to drill under the road. • Mr. Boucher reported that his Executive Assistant, King McIntire, was processin the Resort Dwelling Resort Condominium Applications. • Mr. Boucher informed that during the junction box project the contractor broke the sewer force main some of which went into the drainage system at orange and Buchanan Avenues. The incident would be reported to the Florida Department of Environmental Protection. 2. Staff Acting Recreation Director • No report. Building official • Mr. Morley clarified that Mr. oreenWs reference to townhomes was a st Y le - however, under City code townhomes were individually platted lots. • Mr. Morley informed that the city code currently did not have an p arkin g g regulations for resort condominiums. • Mr. Morley informed that the Fire and Building Department developed a joint inspection checklist with references to the state code. City Clerk • No report. City Attorney • Attorney oarganese informed that the city had a situation related to Mr. Hans Saurenmann in which he would not allow the Building official on the p remises for inspection purposes and possibly allowing an unlicensed contractor to pe rform the work. The cease and Desist order was ignored; therefore, as of this date, the Cit filed an injunctive Relief action. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 17,2007 Page 11 of 11 i 3. City Council g Council Member Roberts tl• Ms. Roberts stated her concern on the City Council's review of a Site Plan and suggested a checklist. Attorney Garganese informed that the City code needed revision with respect to Site Plan review, however, he explained that what was in the Code was the law and amendments to the Code required a decision from the I Council. i Council Member Nicholas • Mr. Nicholas asked if the City could establish the nomenclature related to the 1 canal. He had heard it referred to as a canal, a ditch, or a creek. The City Manager would seek an answer. Council Member Petsos • No report F t Mayor Pro Tem Hoog • No report. Mayor Randels c • Mayor Randels pointed out that due to the City's asphalt road work the property at it ria; 8921 Presidential Court was anticipating run-off. Mayor Randels explained how i Stottler, Stagg and Associates could adjust the property with built-up grading. Mr. Boucher informed that the property was originally built below the grade of the road. Mayor Pro Tern Hoog also informed that impervious concrete was used. Mr. and 1 Mrs. Al and Lee Vicidomini explained how that type of repair was not durable in Florida weather. AUDIENCE TO BE HEARD: I There were no further comments. t ADJOURNMENT: I There being nQ firttaer business, the Chair adjourned the meeting at 10:40 P.M. (oak 1. A Rocky Randels, YOR I . f 4 SusanA St s;CM •, " CLARK I Ci s ,, , t F W P