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HomeMy WebLinkAboutMinutes 09-04-2007 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 4, 2007 7.00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL- Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Recreation Director Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Robert Lefever Mayor Randels explained that the Meeting Agenda was changed to accommodate City Council concerns and to hear from the Audience prior to addressing City business. REPORTS: City Council Members Shannon Roberts Ms. Roberts requested to schedule a fall workshop related to the North Atlantic Avenue project and she sought Consensus from the Council. Council agreed by consensus to schedule the Workshop. Mr. Petsos responded that while he had no problem with a Workshop, he did not desire to misrepresent proceeding with the project to the public. Mr. Petsos explained that there was no revenue at this time for the North Atlantic Avenue project. Ms. Roberts stated that the people in the area were seeking to know the Council's intention on the project. Mr. Nicholas City of Cape Canaveral Florida City Council Regular Meeting September 4, Zoo? Page 2 of 10 considered this a good idea as long as citizens were aware that this was fact - finding discussion. Mayor Pro Tem Hoog also stated that while he was in favor of discussion, he too did not desire to misrepresent to the public. Mr. Boucher informed that he could only present the two -or- -three lane road concept at this point. Ms. Roberts also suggested including in the workshop lighting and bike paths. Council members agreed by consensus on the fall Workshop related to the North Atlantic Avenue project. Mr. Boucher made note of a Fall Workshop in mid - October. • Ms. Roberts spoke on a time sensitive issue. She asked to hear from the Building Official relating to the City Council Appealing the Board of Adjustment's decision. Mr. Morley reported that Attorney Karl Bohne responded to him with estimated costs of approximately $5-to $'10,000 to make an Appeal within 30 days. Attorney Garganese explained that Attorney Bohne would represent the Building Official and the City would also need to hire his services to defend the Board of Adjustment. Mayor Randels questioned how the City would benefit in a lawsuit against itself and subsequently pay for both sides of the legal counsel. Ms. Roberts stated that she understood in Attorney Bohne's response to Mr. Morley that stated that the Building Official's decision had historical merit. Mayor Randels asked if there were any consensus from the Council to proceed. There was no consensus expressed by the Council to proceed. Ms. Roberts concluded that the issues of concern from the community and Coastal Fuels would then be observed in the natural course of the application of a Special Exception process. Leo Nicholas • Mr. Nicholas expressed his desire to seek someone to work on documenting the City's history. Mr. Boucher replied that he could either pay someone part -time or seek a volunteer. Ms. Roberts mentioned that oral histories were yet another approach. Mr. Nicholas informed that there was an 80- year -old resident that provided an oral history to the Brevard Historical Commission as well as the Kennedy Space Center. Council members agreed by consensus for staff to seek someone to obtain oral histories. Mr. Nicholas also inquired about the model shuttle. Mr. Boucher responded that quotes ranged between $80,000 and $150,000. Council members agreed by consensus to continue research on the model shuttle project. Mr. Boucher concluded that he would report back on the past history of the model shuttle. Buzz Petsos • Mr. Petsos inquired about the number of permits for Resort Dwellings. Mr. Boucher reported 325 existing units, and 300 anticipated for construction, of the 325 existing, inspections were 30 percent complete. Mr. Petsos questioned operating a hotel environment in a home and he asked City Attorney if the City was legally liable under these circumstances. Attorney Garganese replied that the Ordinance was fairly new and the City needed to continue processing the City of Cape Canaveral, Florida City Council Regular Meeting September 4. 2007 Page 3 of 10 applications and through the inspections, if there were any violations, the Cit would need to follow through under the Code Enforcement process. Attorney Garganese stated how at this time, penalty mechanisms were limited; however, a Civil Citation program was forthcoming. Mr. Petsos questioned the allowance of one person per 150 square --feet and how that would Calculate for parking. Mr. [Morley stated that that was the calculation for the occupant load for any building. Chief Dave Sargeant clarified that the 150 square foot calculations was for mobile homes, town houses, and single-famil residences under Florida State Statutes Chapter 033. He Clarified that Resort Dwelling units required more stringent life/ safety requirements since they were operating as a business in a single family residence. Mr. Morley clarified that the Building Department addresses the units as a residential "use." Mr. Petsos pointed out that this was a problem, and he was seeking a workable solution to ensure that Resort Dwellings adhered to all life/ safety and buildin g code compliance. Chief Sargeant ensured that compliance was being met. Mr. Petsos concluded to have staff confer and return with a report. Ms. Roberts requested a more detailed status report from staff since Resort Dwellings could not operate until the life/ safety compliance was met. Attorney Garganese concluded that Code Enforcement prosecutions were forthcoming based on substantial evidence. Ms. Roberts included adding parking as a concern along with Mr. Petsos's concern. Mayor Pro Tern Hoog • /Mayor Pro Tern Hoog inquired about the paving in the Church Street and Columbia Drive area. Staff would report on the paving costs. Mayer Randels • Mayor Randels reported on changing the Teacher's In-Service Days to accommodate the General Election voting process. This would keep the student's off - premises during voting. • Mayor Randels reported on his meeting with the Lindsey Court residents. He stated how this street does meet the City's specifications and the residents planned to submit a signed petition to the City Manager to transfer the street to the City's ownership. Mr. Boucher responded that staff would need to perform road testing g prior to assuming the road. Council members agreed by consensus on the street transfer based on the resident's paying for any paving costs. • Mayor Randels reported on a water problem at 8106 Presidential Court. Mayor Randels informed that he found a volunteer in ,Jacksonville to install a new asphalt mix for a repair in front of the residence. • Mayor Randels reported on his successful participation in seeking a $ award for a water retention system at Patrick Air Force Base. City of Cape Canaveral. Florida City Council Regular Meeting September 4. 2007 Page 4 of 10 AUDIENCE TO BE HEARD: Mr. R. Lamar Russell, Planning and Zoning Board Vice - Chairperson, spoke related to Council's discussion on the Board of Adjustments decision. He stated that the Board's decision should be allowed to continue to the Appellate Court through an aggrieved party; however not through the City. He stated that the Board of Adjustment acted as an Agent of the City. Mr. Harry Pearson, Planning and Zoning Board Member, stated that there would be an extensive meeting related to the Developmental Review Process on Wednesday, September 5"'. Mr. Pearson also asked the City Attorney to read the City code related to the Appeals process of a Board of Adjustment decision. Attorney Garganese replied from the Codebook that any party aggrieved had the right to Appeal a Board of Adjustment decision. BOARD INTERVIEWS: Chris Hale, Recreation Board [Prospective Alternate Member Applicant] Mr. Hale affirmed that all of the answers on his application were true and correct to the best of his knowledge. Mr. Hale informed that he had resided in the City for six years and had just begun playing on the Co-Ed Softball League. Mr. Hale replied that there was no conflict of interest between this application and his position with the Brevard County Health Department. Mr. Hale replied to Ms. Roberts that he liked the idea of more bike paths, and he desired to do those things that would continue to increase attendance at events. Mr. Hale replied to Mayor Pro Tern Hoog that he is the Emergency Planner for the Health Department. Mayor Randels thanked Mr. Hale for his interest and explained that he would be placed on the next City Council Agenda for consideration as an Alternate Board Member on the Recreation Board. Michael E. Michel, Recreation Board [Prospective Alternate Member Applicant] Mr. Michel was not in attendance. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of August 21, 20076 2. Resolution No. 2007 -23; Reappointing a Regular Member to the Planning and Zoning Board, R. Lamar Russell. Mayor Randels acknowledged that Mr. Russell had been a Board member since May 8, 1 980. 3. Proclamation in Recognition of John Barry Day, September 13, 2007. City of Cape Canaveral, Florida City council Regular Meeting September 4. 2007 Page 5 of 10 4. one -Year Renewal of the street - Sweeping Contract with USA Services o f Florida, Inc. Mayor Randels asked if any Council member, staff, or interested p arties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts requested to remove the City Council Regular Meeting Minutes of August 21 for discussion. A motion was made by Mr. Nicholas and seconded b Mr. Petsos to Approve pp rove Consent Agenda Items No. 2 through 4. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; M r. Petsos For Mayor Randels, For, and Ms. Roberts, For. 1. City Council Regular Afeeting Minutes of August 21, 2007. Attorney oarganese pointed out that his name was omitted from the attendance list at the August 2 1 t meeting. The Cit lerk would snake that corr ection. ection. Ms. Roberts requested to have the Parking Board discussion items as a separate p bulleted list within the Minutes. Ms. Roberts requested an itemized list at the end of the minute Mr. Boucher stated that the City clerk highlighted the parkin Board issues throughout the Parking g discussion within the Minutes. Ms. Roberts stated that although the issues were highlighted in the text, she desired to see them listed at the end of the document. Ms. Roberts stated that the format of having the items within the text did not enable follow- up action and she had experienced lack of action on several of her items. Ms. Roberts requested a separately documented list. Mr. Boucher concluded that he would compile a separate list of the Parking Board items for distribution to City Council. Mr. Petsos responded that he was agreeable to a list from the Cit Manager. er. 9 Ms. Roberts re- stated to have the Parking Board list as art of the Minutes. However, ,she stated that if the Council did not desire to have the Parking Board list as p art of the Minutes, then every Council member should have the City Manager's list related to t � ' g he Parking Board discussion. Ms. Roberts expressed her concern in the council not gaining g consensus on items from the Parking Board list. At the time of her vote, Ms. Roberts registered her concern in not having the Parking Board discussion items as p art of the Minutes. A motion was made by Mr. Nicholas and seconded b Mayor Pro Tem Hoo to Y Y g Approve Consent Agenda Item No. I as amended to i that City Attorney's name in attendance. The vote on the motion carried 5-0 with votin g as follows: Mayor Pro Tern Hoog, For Mr. Nicholas, For; Mr. Petsos Fvr May Randels F or y , , and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting September 4. 2007 Page 6 of 10 CONSIDERATIONS: 5. School Resource Officer Agreement with the City of Cocoa Beach. Mayor Randels explained that the Brevard County School Board pays for 55 percent of the cost. The remaining 45 percent was paid based on each City's student attendance percentage. Cape Canaveral's total percentage was 18 percent or $4,719.00. There was no other comment. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the School Resource officer Agreement with the City of Cocoa Beach in the Amount of $4,7'19. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petum, For, Mayor Randels, For, and Ms. Roberts, For. 5. Quarterly Budget Report and Transfers for the second Quarter Ending 0s- 30-07. Andrea Bowers, City Treasurer, stated that at this time Bo percent of Revenue had been collected. Ms. Bowers stated that she had distributed an amended Fund Balance that increased the unrestricted, undesignated balance. Ms. Bowers informed that she revised the Building Department account related to Professional Services. She performed similar adjustments in the Planning and Zoning budget as well as in the Public Works — Wastewater Treatment Plant budget. Mayor Pro Tem Hoog referred to Revenues related to violation of local Ordinances. Ms. Bowers replied that the City had received funds related to violations such as Code Enforcement and False Alarms. Ms. Roberts asked Ms. Bowers to clarify the Resolution relating to the City of Cocoa rate changes. Ms. Bowers responded that the community would be notified of the anticipated rate changes in ample time for planning. Mayor Randels expressed concern that other Building Department accounts were used to cover Planning Services and Legal Services Fees. Ms. Bowers clarified that unencumbered funds that were used toward these accounts. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Quarterly Budget Report and Transfers for the Second Quarter Ending 05 -30 -07. The vote on the motion carried 5-0 with vot#ng as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For, Mayor Randels, For, and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting September 4. 2007 Page 7 of 10 DISCUSSION: 7. Townhouse Code. Mayor Randels informed that Council would discuss the common use areas related to the Townhouse Code. Mr. Boucher explained that this discussion came about due to questions that arose at the previous City Council Meeting on a Final Plat of a town home. Mayor Randels asked the Building Official if there was a Building Department document for common use areas. Mr. Morley replied that every town house has a common wall and a roof that abuts an adjoining roof. Mr. Morley replied to Mayor Pro Tem Hoog that one common element for drainage would be a swale. A covenant however would protect each individual lot_ Mr. Russell related on how in the past the City did not have a Townhouse Ordinance and he explained the background of town house planning. Mr. Russell stated that once the City established the Townhouse Ordinance the developers were in favor of it. Mr. Russell explained that in the Townhouse Ordinance the City required a document for submission to City staff related to an agreement between the developer and the unit owner. Mr. Russell stated that although the parapet was high enough to provide a separate roof, the shingles were still in common and an Agreement was still necessary. Ms. Roberts pointed out that the City Manager recommended amending City code section 110 -377 and she asked for Mr. Russell's opinion on the recommendation. Mr. Russell stated that during a brief time during his absence from the Board, the Townhouse Ordinance was eliminated. Mayor Pro Tern Hoog pointed out that the last sentence of City code section 110-377 called for a maintenance program. Ms. Roberts recalled that at the previous meeting Mr. Russell had said that some element was eliminated from the process. Mr. Boucher informed that Brevard County Property Appraiser's office required time sensitive information such as an Opinion of Title. Mr. Boucher explained that the Cites re- platting procedure needed shortening in order to meet this County requirement. Mr. John Johanson, 310 Adams Avenue, [Planning and Zoning Board member] stated that certain townhouses had common areas; however, others maintained their own lawn and had their own driveways. He expressed his favor with a party wall agreement. Mr. John Butler related his problem of being approved at the Preliminary Plat level and then amended at the Final Plat level. Mr_ Morley freed that there was not much required at the Preliminary Plat approval level; however, Mr. Butter met with several problems during the Final Plat approval. Mr. Morley reminded that the City Attorney directed City staff to record the Plats and not the developer. Mr. Morley also informed that the City code book was contradictory stating City Code section 95-52 states that the developer will record the Plat and City Code Section 98-58 states the City Clerk will record the Plat. Mr. Morley explained that when City staff would present the re -plat for recording at the County City of Cape Canaveral, Florida City Coun Regular Meeting September 4, 2007 Page 8 of 10 office, there were items required of which the Cit as not ty aware. Mr. Butler also related on the lengthy engineering review process. Ms. Roberts recommended, "process mapping" as a man agement tool for City staff to help with the Plat approval process. Mr. Boucher stated that these issues related to coordination among staff departments. Council members agreed b consensus to forward this issue to the Planning nd Zoning Boar discussion. � g d for further d�scuss�on. 8. Lot Area and Dimensions, Minimum Setbacks Ms. Roberts stated this as an opportune for the Planning g and Zoning Board to review what green space was available in the City ased on the Y current setback requirement. She requested to have the Board mod" the setback requirements equirernents in order to adjust the amount of g reen space. Illls. � g p Roberts stated that the current C code limited space. City g Mr. Russell stated that this particular discussion was in its third round of debate. Mr. Russell informed that there was a 35 percent lot coverage requirement as well as the setback, swale, and drainage requirements that would also decrease the footprint. Ms. Roberts expressed her concern with the lack of green space and decimated trees. She stated that the existing City code was not strict enough. Ms. Roberts requested to have City staff review what was done by other municipalities related to green space. Mr. Russell informed that the Planning nd Zoning Board h g B had provided research from other municipalities. Mr. Nicholas stated that there must be some type of compromise or agreement between increased space and taller buildings. He also stated d that lot coverage did not take into account the impervious surfaces related to arke p ng areas and driveways which added to runoff. Mr. Russell added that developers could use se pervious concrete, Ms. Roberts pointed out that increased reen space was o Survey concerns. g p o of the previous Community Mr. Arthur Berger cautioned the Council in light of other municipalities B mun�c�palities that applied this concept; however, it resulted in devalued property. Mr. Berg pointed rtY g p d out that the C ity had park areas in which to apply greens ace concep p p and he stated that he was not in favor. Attorney Garganese pointed out for the Council to not lose sight of public green space areas as part of their strategy such as what was successful) done at Springs Y the ))venter S p gs Town Center. Mayor Pro Tern Hoog ex pressed his favor with h pub) ic green space. Mr. John Johanson reiterated on the City Attorneys concept � � pt of public greening. Discussion followed on the limited number of existing g lots in the C it y . Mr. Johanson also stated his agreement with Mr. Berger on property. g the possibility of devalued Ms. Roberts recommended forwards the item to the Planning nning and Zoning Board for further discussion. Mr. Russell stated that the Planning d rig Zoning Board could review other municipal regulations and discover if there was anythin yt g the Board had missed. Ms. City of Cape Canaveral, Florida City Council Regular Meeting September 4, 2007 Page 9 of 10 McNeely stated that discussion would be futile; however, Council could also hear from the other six Board members. Council's consensus was for the Planning and Zoning Board to review this item at their discretion. REPORTS: City Manager • Mr. Boucher reported that Buzz Petsos, Shannon Roberts, and Craig Stewart were the qualified candidates in the November General Election. + Mr. Boucher reported on the notice of City's intent to adjust the Sewer Rates would reach residents before the City Council Meeting on September 18th. • Mr. Boucher reported on an inquiry on the $'116,000 Pay -off of the Lien related to the Paul Jindra property. Mr. Boucher reported on the First Budget Hearing on Wednesday, September e and the development Review Process meeting immediately following. n 9 Y g * Mr. Boucher announced the Space Coast League of Cities dinner on September 10 th . • Mr. Boucher announced the Planning and Zoning Meeting on September 12 at 7:38 P.M. with a special presentation on Mixed --Use Development. • Mr. Boucher announced the Chronic Nuisance and Civil Citation program meeting on Thursday, September 13 Mr. Petsos announced that he would arrive late to this meeting. i Mr. Boucher announced a Code Review Workshop meeting at 5:30 P.M. on Tuesday, September 18 and a Regular City Council Meetin g at 7:00 P.M. i Mr. Boucher announces a Final Budget Hearing on Tuesday, September 25th at 5:30 P.M. and immediately following the Budget Hearing an Evaluation and Appraisal Report 'Workshop. • Mr. Boucher announced a Sign Code meeting on Thursday, September 27 th . • Mr. Boucher informed that the Ron Jon presentation had not been rescheduled. • Mr. Boucher reported that paving on Washington Avenue was in progress. Staff Acting Recreation Director • No report. Building official ! No report. City Treasurer No report. City Clerk • No report. City of Cape Canaveral, Florida City Council Regular !Meeting September 4, 2007 Page 10 of 10 City Attorney • No report. ADJOURNMENT There being no further business, the Chair adjourned the meeting at 9:45 P.M. Rocky Randels, MAYOR AA Susan ,s� tIERK