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HomeMy WebLinkAboutMinutes 11-20-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I Polk Avenue, Cape Canaveral, Florida TUESDAY November 20, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. 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 Building Official OATH OF OFFICE: Bob Hoeg Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stilts Todd Morley The City Attorney administered the Oath of Office for City Council Members Shannon Roberts and Buzz Petsos_ REPORTS: Citv Council Members Council Member Roberts • Ms. Roberts referred to the article in Florida Today that reported on the soot coming from the ships in the Canaveral Port Authority area. she stated that an assessment should be done of the shot =s impact to the community. Ms. Roberts stated that at this time the City does not have a method to measure its air quality and may want to introduce a consistent air quality measure, particularly in the Port City of cape Canaveral, Florida City council Regular Meeting November 20, 2007 Page 2 of 14 area. If action were needed, then the City ould work coop tY p atively with the Port to address it. Ms. Roberts stated that the Council had it brought g to its attention the need for a study. The report from the University f Delawar a and the Rochester Institute of Technology highlighted the roblem that ports p p around the country may experience. Mayor Randels concluded that the City Manager could Y g seek assistance from the city of cocoa Beach and the Florida Depa rtment pa of Environmental Protection. Mr. Petsos asked the City Manager agar fvr an accurate web site address to gain information related to air uali . Mr. Boucher q � explained how to obtain data was from the Florida Department of Environmental Protection. • Ms. Roberts inquired about the inoperable City si lights. � ty � The repair was performed. • Ms. Roberts requested focusing on making a Canaveral ""Green g � al a Green City as well as a "Tree" City. Mayor Randels replied that the City received �, ty ed a letter on August 29 affirming that it was still a Tree Cit ember ty however no further action had occurred. Ms. Roberts requested some strategic action to declaration. eg follow that • Ms. Roberts questioned the anticipated stop sign on shore � � wood Drive. Mr. Boucher distributed aerial photographs of the area. He related from the County that in order to obtain a three -way stop at Shorewood Drive and North Atlantic Avenue, pointed the city would need to eliminate the rig ht turn lane. He g p d out the ingress and egress for the three communities in the areas of Shorewood Villages of } g Seaport and Mystic Vistas. Mr. Boucher explained the impact of eliminatin g the right turn . p lane. He desired to obtain a concept plan and inform the resi dents . p dents of any anticipated plan prior to taking action. • Ms. Roberts questioned the status of the left turn lane at North Atlantic Avenue and central Blvd. Mr. Boucher replied that he received a temporary p ary construction easement and was awaiting an easement from a prop owner. � Y • Ms. Roberts inquired about grant funding or benches and bu s shelters on State Road A I A. Mr. Boucher rep lied that the C ity was a p ty n the grant - funding list; however, a response may take up to one year. Council Member Nicholas • Mr. Nicholas inquired about a sick leave of in order to assist st an employee who was in need of additional time. He requested that staff to research the possibility of advancing or borrowing accrued sick leave time for an emp s u se. Mr. Nicholas related that he received a call from Mr. Kohn Be n nett who wanted to discuss the cape Carlbe project. Mr. Nicholas stated his request eq for cape Caribe representatives to not approach the Council individual! and requested a Y � Workshop fort his subject in order for the Council to hear from Cape Caribe as p a whale. Mr. Petsos went on record stating that he met with Cape Caribe and nd suggested a Workshop and he also encouraged citizen artici anon. Ms. Roberts P p also disclosed that she too met with cape Caribe and suggested a gg Workshop Meeting as well as a Development Agreement. Mr. Nicholas expressed his concern cern with a Development Agreement being reached without the Council's consensus. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 3 of 14 Mr. Boucher related Cape Caribe's intent to meet with the Council at their December 4th meeting. Mr. Boucher related that another firm would also like to meet with Council to present a professional retail center. He stated that the rojects p J would also be placed on the Planning and Zoning Board Agenda. Mayor Pro Tem Hoog disclosed that he met with Cape Caribe and he suggested that the bring gg Y g their presentation to a public meeting. Ms. Roberts asked for clarification on Mr. Nicholas's position. Mr. Nicholas clarified his preference to meet with developers in an open public meeting. Ms. Roberts then asked if the Council should meet individually or collectively. Mayor Pro Tem Hoog stated that Council Members had the option to meet in either way. Mr. Petsos expressed the need for developers to also o meet with their neighboring community. Mayor Randels referred to how this was done with the Mermaid Key project. Mayor Randels suggested a Public Meeting in the Cape Canaveral Library Meeting Room. Mayor Randels polled the Y p audience and concluded that a meeting- with the public at 7 P.M. was acceptable. • Mr. Nicholas expressed his chagrin that the Business and Cultural Development Board chose to discuss a name change for the City. Ms. Dianne Marcum Business and Cultural Development Board Member, explained that the item was discussed; however after discussion, by general consensus no action was taken. • Mr. Nicholas requested to soon have an Agenda item related to the oral History Project. Council Member Petsos • Mr. Petsos expressed his concern with contacting residents in the north end of the City related to installing a four -way stop sign on Forth Atlantic Avenue. He requested to pursue this with some action. • Mr. Petsos also expressed the need for bus shelters in the City. Mr. Nicholas suggested purchasing the property to accommodate the bus shelters. • Mr. Petsos requested a prioritized list of the Master schedule of Projects. He expressed his desire to accomplish two to three of the Council's prioritized 1 rojects. p Mayor Pro Tem Hoog • Mayor Pro Tern Hoog asked if there were any action on the shrinkage and g cracking in the City's streets. Walter Bandish, Public Works Director, replied that testing was done and submitted to the City Manager. Mr. Boucher replied lied that g p results of the test boring were available. Mr. Petsos stated the need to have someone investigate this issue before potholes occurred to the newly paved streets. Mr. Bandish stated that he could have an independent party investigate the streets. Ms. Roberts mentioned that tar was deposited on some residents' driveways. Mr. Bandish responded that pressure washing had occurred after the project. Mayor Randels suggested that Ms. Roberts' supply Mr. Bandish with the addresses in need of pressure washing. City of cape Canaveral, Florida City Council Regular !Meeting November 20, 2007 Page 4 of 14 Mayor Randels Mayor Randeis announced that the Florida League of Cities chose City Attome Y Anthony Garganese as city Attorney of the Year. • Mayor Randels informed that Cape Canaveral participates in the communities for a Lifetime Program. Cape Canaveral was one of the first in the State to participate and Brevard county was the first to have participation from all of its municipalities. • Mayor Randels informed that Cape Canaveral purchased from the TRIAD for Brevard Seniors project lifesaver bracelets, which were still available. • Mayor Randels related on how the Florida League of Cities strives to educate our State residents of the economic fallout anticipated from the ro sed roe tax issue. p � property �y • Mayor Randels reported that in light of an average 6.2 percent national increase in health insurance; the City's employee health benefits were kept within budget this year. � • Mayor Randels informed that voter's Guides were available at the Cit y Clerk's office and how the Guides proved informative on provisional ballot information. AUDIENCE To BE HEARD: Ms. Joyce Hamilton, of 110 Jefferson Avenue, presented a formal thank y ou letter to the City Council and Staff for their work. She referred to November as a month to g ive thanks and recognized our country's Veterans. In conclusion, Ms. Hamilton acknowledged the R � C Attorneys recent Award from the Florida League of Cities. Mr, Ray Osborne addressed the Council related to a German dele abons' visit coming � g to Huntsville, Alabama on January 31 st for the Anniversary of Explorer I. He asked if there were any interest from the council to discuss the city's participation in the Huntsville visit. He recognized that Peenemuende was a dark point in history; however, b involving this � y g city those who died there would be honored. Ms. Roberts stated that the City might want g to seek out Huntsville 's plans. she informed that the cape Canaveral Air Force Station had celebratory plans and if the Council agreed to participate, the City would want to p � contact Emily Perry or Jim Banke who were working on this project. Ills. Roberts was not seeking a Sister City relationship but to participate in hosting the delegation. Mr. Osborne then inquired if the City would accept the delegation visit if it were s ponsore d � p d by another enterprise. Mayor Randels replied that there was still the pe p rce tion of expending public funds on the visit. Mr. Nicholas stated that he did not see this as an honorable association given the origin of Peenemuende. Mr. Petsos exp ressed that he did not see the benefit to the community. Mayor Pro Tern Hoog respo nded to Mr. Nicholas on the need to release negativity of the past. However, he reminded that the C ity has four Sister City relationships with little benefit. City of Cape Canaveral, Florida City council Regular M eeting November 20, 2007 Page 5 of 14 Mr. Osborne stated that this would provide new contacts and he expressed the need to preserve the city's intangible assets such as the branding f the C i t y's internation � ty ally known name. Ms. Roberts stated that there was a connection between the cities given the space industry in the community and the unique role that Marshall Space Flight p g Center and Kennedy Space center played with both the design and the actual launch aunch in the early space program. Ms. Roberts stated that Mr. Osborne was not seeking Sister City ty relationship but to participate in the delegations visit. Mr. Boucher stated that there were associated costs for examp lodging, p g g, with the visit. Mr. Osborne reminded that corporate sponsorships could be sought and he p g had already approached lAP Worldwide Services. Mr. Osborne stated that he could develop a plan and present it to a corporate sponsor with the Cit p � p roviding a meal and he � la 9 would also seek corporate sponsorship for their air travel. Ms. Roberts mentioned tend po al participation from Delaware North Parks services that manages the Visitor's � center. Mr. Osborne concluded that the Mayor of Peenemuende desired to hear from the Mayor of Cape Canaveral. Ms. Dianne Marcum informed that the Business and Cultural Development Board had discussed this and found there were string criteria rra to participate as a sister City. Ms. Marcum stated that an action on the Cit art Y ty p might be perceived as a step toward a sister City relationship. Mayor R.andels requested that y q the City Manager seek further information from the Cit f Huntsville regarding tY g g relationship with Peenemuende. Ms. Roberts pointed out the historical relationship with Peenemuende, stating how space part design started in Peenemuende and d ultimately influenced the space part design that we currently have at the Kennedy Sp ace y p center. Mr, Joe Lourcey, Portable on Demand Storage [PODS], Manag req uested reconsideration of the qty's current ordinance on PODS. Mr. Lource p rovided statis � stics on PODS deliveries, which has remained consistent since 2003. Mr. Lource y concluded that he was seeking a 7-day grace period that would allow for deli . p rior to obtaining a permit. Todd Morley, Building Official, stated that fees were set based on valuation. Mr. Morley suggested using a deposit. Mayor Randels concluded that at the C ity Manager made note of Mr. Lourcey's request. Mr. Petsos stated the need to focus an the time factor related to PODS remaining on the remises in that Mr. Lource 's p y company was not the only vendor for PODS. RESOLUTION: 1. Motion to Approve Resolution No. 2007 -37; Electin g a Mayor Pro Tem. y Mayer Randels read Resolution No. 2007-37 by title. A RESOLUTION OF THE CITY of CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM of THE CITY of CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting Novemb 20, 2007 Page 6 of 14 Mayor Randels nominated Mayor Pro Tern Hoog or another year as � y Mayor Pro Tern of the Council. Ms. Roberts asked if the Council would accep another nomination. nation. Ms. Roberts nominated Buz Petsos. Mr. Petsos declined however and supported the original motion. The second nomination died for lack of a second. A motion was made by Mayor Randels and seconded b Air. Nicholas s to Approve Resolution No. 2007 - 37 Electi Bob Hoo as Mayor Pro Tem for t he he 2007! 200 year. The vote on the motion carried 5_0 with voting s follows: Mayor Pr � y a Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For May Randels F For. Y or and Ms. Roberts, CONSENT AGENDA: 2. City Council Regular Meeting Minutes of October 1 6 2007. 3. City Council Special Meeting Minutes of November � 2007 — C ��, the November , General Election Results. 4. Resolution No. 2007 -35; Appointing a Regular Member to the Beautification �f cation Board — Bradley Varuska. 5. outdoor Entertainment Permit for the IP Annual Reindeer 5l{ Ru nlwal k for United Way of Brevard County. 5. outdoor Entertainment Permit for the American Legion's Picnic 7. Proposal to construct sidewalks on Buchanan Avenue in the Amount of $45,309. Mayor Randels asked if any Council member, staff, or interested arties desi red to remove the Consent Agenda item for discussion. Alts. Roberts and Mr. Petsos requested to remove Item No. 7. A motion was made by Mr. Nicholas and seconded b Mayor Pro H to Y Y �g Approve Consent Agenda Items No. 2 through 6-The vote on the motion ca ed rnnth voti as follows: Mayor Pro Tern Hoog, For; Mr, Nicholas, For Air. Petsos , For M ayor Randels, For and Ms. Roberts, For. 7 Proposal to Construct Sidewalks on Buchanan Avenue in the Amoun of $45,,309. Mayor Randels explained that this project was for the north side of Buchanan Avenue. Mr. Bandish informed that this project was inclusive from state Road Al A to the beach. Mr. Petsos stated that in the past, the Contractor resented linear footage. Mr. ` p g Band�sh requested to remove the item from the Agenda for further review. Ms. Roberts asked City of Cape Canaveral, Florida City council Regular Meeting November 20, 2007 Page 7 of 14 how Buchanan Avenue ft into the Master Plan. Ms. Roberts also requested to see the Master Plan for orientation purposes and a street installation sch edule as a project status reminder. Mr. Bandish informed that the Prime Path was designed to g accommodate the citizens and students walking to the Library and Ca View Elementary ry School and the Library. Ms. Roberts related that recent community input requested broadened sidewalks. Y p q ted bikeways and Mr. Bandish replied to Mr. Tom Garboski that sidewalks were in the right-of-ways not on private property. Mayor Pro Tem Hoog pointed out that the City sought to in ty ug stall sidewalks and assess developers after their construction. Mr. Boucher explained p how previous discussion concluded that the City would wait under roe development p p dY due to the lengthy procedures related to assessment. Mayor Randels stated that hat staff would provide further clarification on the sidewalk installation and assessment discussion. Mr. Petsos requested to review the ordinance related to sidewalks installation and assessing the developer_ Mayor Pro Tem Hoog restated that his uestion referred to the e fact that an Ordinance was passed to install sidewalks and assess the developer and he desire to know if assessments were being performed. Mayor Randels concluded d that Mr. Bandish would return with a map and status of the Prime Path Plan. CONSIDERATIONS: 8. Motion to Approve: Proposal for a Marketing Promotional Video eo in the Amount of $ Mr. ,Jay Van Dyke, communication concepts Inc. informed that the firm would present three creative concepts for the city's consideration. He stated that the would old develop a less than five - minute video based on those concepts. He also noted that at a video file would be available for streaming on the City's web site. Mr. Van Dyke stated that . yk seven to nine weeks was the anticipated time for development, which was stated in the Contract as well as the Proposal. Ms. Dianne Marcum asked if the Council desired for the Business and Cultural Development Board to review the video prior to their review. Ms. Roberts requested that the Board, as well as staff, partner with the firm for the video development. p Ms. Roberts asked if there would be an outline of the three concepts. Mr. Van Dyke replied P y p that the firm would create three concepts and then seek approval of one concept. lip p Mr. Boucher concluded that the Business and Cultural Development Board reviousl partnered P y p ed with the firm on the video development and he recommended that the do the same project. y e with this A motion was made by Mr. Nicholas and seconded b Ms. Roberts to Y Approve a Proposal for a Marketing & Promotional video i n the Amount of $10,000. . i s The vote on the motion carved 5 -0 with voting as follows: Mayor Pro Tem Hoog, F . y or, Mr. Nicholas, For, Mr. Petsos, For, Mayor Randels, For and Ms. Roberts For. City of Cape Canaveral, Flodda City Council Regular Meeting November 20, 2007 Page 8 of 14 9. Motion to Approve: imperative Purchase of an Emergency generator for Sewage Lift Station No. 1, in the Amount of $59 Mr. Bandish explained this as a stand -by generator for Lift Station 1 . This generator was essential to a major City sewage line on Washington Avenue. Mr. Bandish ash stated that the specifications provided for a standard 125- kilowatt nerator; however, additional � parts, such as batteries were an added cost. Mr. Bandish resp onded to Mr. To i' Po m �arboskr s question on the type of generator that the generator used diesel and w - as double walled and self- contained with an automatic shut -off. Mr. Garboski asked how l ong the diesel tank would last in an emergency. Mr. Bandish informed that he chose a 500- gallon tank with a 73 -hour run time. Mr. Leon Maged inquired about its durability due to the environment on the coast. llllr. Bandish replied that the generator was all cast aluminum and salt durable, lrllr. Nicholas pointed out the related aesthetics and asked if landscaping was p g considered for screening purposes. Mr. Bandish replied that the tank would be inted. Mr. Boucher added dried that staff would look into screening. Mayor Pro Tem Hoog inquired about bury q ry ng the tank. Mr. Bandish replied that the 500- gallon tank was built into the ener g ator's base. Mayor Randels replied to a question from the audience that the enera g for was 5-feet high and 8-feet long. Mayor Pro Tern Hoog inquired about maintenance. Mayor Randels read that the generator had a two -year, unconditional warrant Mr. Bandish ty informed that the two generators at the plant location were independently serviced on a p y monthly bass. Mr. Bandish replied to Mayor Randels that the enerator could be set u g p to run at an established time of once per day, week, or month. !Ills. Roberts clarified that this was one of four lanned purchases. p p She asked if the other three purchases were anticipated in the next five ears. Mr. Bandish ]� affirmed. He explained that this generator was the largest of the four in order to sup pp rt one of the City's largest Lift Stations. Mayor Pro Tern Hoog inquired about `� g q the normal business hours „ clause related to normal repairs, parts, and labor. Mr. Bandish repl that he would identify what the normal business hours. Mr. Bandish affirmed for Mr. Petsos that the generator was pad - mounted and the ad was already in lace. p y p Mr. Morley requested that the Council waive the associated Building Permit fees. An amendment was made by Ms. Roberts and seconded by Mr. Nicholas to Waive the Associated Building Permit Fees. The vote on the motion . carved 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas Far Mr. P etsos, For, Mayor Randels, For and Ms. Roberts, For. A motion was made by Ms. Roberts and seconded b M r. Nicho as to Approve a Cooperative Purchase of an Emer Generator for - - � ]� Sewage Lift Station No. I in the Amount of $59,370 with an Installation Cost of 750 as �, Amended. The vote on City of Cape Canaveral, Florida City Council Regular fleeting November 20, 2007 Page 9of14 the motion carried 5 -0 with voting as follows: Mayor Pro T y em Hoop, For, Mr. Nicholas, For, Mr. Petsos, Far, Mayor Randels For and Ms. Roberts, Far. ORDINANCES: First Public Hearin 10. Motion to Approve: Ordinance No. 07 -2007 Amending Chapter I 10, Creating an Appellate Review Procedure from Final Decisions of the Board of Adjustment or Community Appearance Board at First Reading, Mayor Randels read Ordinance No. 07 -2007 b y title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CODE OF ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110., ZONING CHAPTER 22, COMMUNITY DEVELOPMENT AND CHAPTER 98 SUBDIVISIONS; CLARIFYING THAT APPLICANTS ARE RESPONSIBLE TO PAY THE COST OF NOTICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels informed that the Planning and Zoning Board recommended a ainst amending Chapter 1 10 by this Ordinance. Mayor Randels read the Planning and Zoning Board Minutes of October 10, 2007 specifying the reason for the Board's unanimous vote against the amendment. Mayor Randels briefly explained that the Council would hear any appeal from the Board of Adjustment or Community Appearance Board prior to proceeding to Appellate Court. Ms. Roberts recommended proceeding with the Ordinance. She stated that this Ordinance would provide the aggrieved party with another step within the City. Ms. Roberts stated that as Elected Officials, the Council has the responsibility to hear an aggrieved party prior to an appeal proceeding to the Appellate Court process. Ms. Roberts inquired about the statement that the Board made that "no City in the County allowed for their Council's participation in the Appeals process." Attorney PPe P Garganese explained that since 1 973 municipalities had the power to adopt their own r P procedures. In the City of Melbourne, the City Council approves Conditional Uses othe known as Special Exceptions. He also recounted the Council's authority n zoning . ty g issues �n Vero Beach, Altamonte Springs, and Winter Springs. He stated that the Council g C ncil Could establish its own procedures under the Municipal Powers Act. Ms. Roberts stated that the Ordinance preserves the Board of Adjustment and provides the community with another step in the Appeals process. Mr. Petsos stated that the Council was not removing the Board's authority, but allowing for another step in the process that could possibly avoid unnecessary legal action and Court costs. Mayor Randels stated that at some point, the Board of Adjustment should be the recommending body and he was hesitant about limiting the Board's decision - making capacity. Ms. Roberts clarified that the Council would serve as another City -based entity of review while City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 10 of 14 maintaining the traditional roles and responsibilities of the Boards. May f y Randels read from the Ordinance on how it would remove the Board's final decision- authority on Variances, special Exceptions, Administrative als as well as flood APPe � cod plain administration, nonconforrnities, concurrency, zoning istrict boundaries wi reless reless telecommunication towers, stormwater manag and signs. g � g Attorney Garganese made note that only the Board of Adjustment's procedures would change with this Ordinance. He explained that an Appeal would need to occur in order for the Council to enter the review process. Mr. Nicholas stated his view on how if an Appeal was made, and the Council entered the Appellate process, then politics also enters the process. Mr. Petsos replied that the Council would desire to maintain their discussion within the law and with the City Attorney's assistance. Ms. Roberts stated that collectively the Council represents all residents in the City. Mr. Nicholas then suggested a referendum for each issue. Mr. Petsos stated that he would prefer to bear the brunt of an host i and y ty not the volunteer Board members. Mayor Pro Tern Hoag stated that litics would not enter ter the issue as long as the Council upholds the Ordinance. Mayor Pro Tem H supported ]� cog pp ed the Boards role in recommendation; an however, the Council should bear host y t rty. H e stated that if the Boards decision was within the Ci 's zoning laws then the C o unc il' s � g decision would be the same as the Boards. Mayor Pro Tern H stated his ]� �g support of the Ordinance. !ills. Roberts reminded that this Ordinance rovides the ag grieve d P gg d party with an avenue to be heard versus proceeding to Appellate Court. Mr. Werner Grewe acknowledged that while Councilfs discussion of the Ordinance called for preservation of duties, in the case of Coastal Fuels the Board of Adjustme nt behaved i an unfair and uncalled for manner. Mr. Grewe stated that in the Council meetin residents were heard and issues fairly discussed; however, not so with the Board a of Adjustment. He stated that a change could be made at this time with the Board remaining in existence; however, as a recommending body. Mr. Grewe stated that the Board Chair told him that he had no leg al background ground and denied him the right to speak related to the tank expansion at the al hearing. xP Appe g. Mr. Grewe stated how the Board trivialized and dismissed his concerns. Mr. Grewe related how the Attorney Rick Torpey, distorted the history f the Coastal Fuels tan rY k f arm development. Mr. Grewe referred to a letter dated in June and expressed that hat the Coastal Fuels tanks were a non - conforming operation. Mr. Grewe stated that two applications were presented: 1 ] by Craig smith, a tank farm, build -out, and 2] Mr. To rpeY brought ht out a new application that was in "abeyance." Mayor Randels interjected by saying that the Council could not re-try he case ry at this point. Mr. Grewe then stated that the Council would be more tolerant and more inquisitive of the details on an issue. Mayor Pro Tern Hoog stated that at that iven time the o g Counci l did not have the authority to enter the Appeals process and the uidelines of the Ordina nce were City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 11 of 14 used during the Appeals process. Mayor Pro Tem Hoog stated that Coastal Fuels had the right to apply for expansion. Ms. Roberts clarified, based on Mr. Grewe concerns, that the Board of Adjustment was not as inquisitive in an Appeals situation as the City Council might have been. Ms. Roberts stated that the Appeals process was not participatory and the public was not heard during the Appeal hearing. Mayor Pro Tem Hoog replied that an Appeals hearing occurred strictly between the two parties and was subject to law. Attorney Garganese reminded the Council that the issue was under Appeal at this time with the Circuit Court and he recommended that the Council refrain from detailed discussion. Mr. Crewe pointed out that the Planning nd Zoning Board � g had reviewed many facts and Mr. Morley had physically counted tanks; however the Planning and Z oning Board's decision was discounted. Mayor Randels asked the City Attorney if the Council had been the Appeals Board, would they be able to hear any audience questions. Attorney Garganese explained that the Ordinance would allow the Council to serve in an Appellate capacity under the same rules and process used by the Board. Ms. Roberts stated that Council's traditional role was to hear all parties. Mayor Fro Tern Hoog questioned on who becomes an ag grieved art gg party when Council addresses an issue, the corporation or the residents. Attorney Garg Y g explained that whoever is contrary to the decision, they would become the aggrieved gg party. The decision would have to adversely impact that aggrieved party. Mr. John Bond stated that one document would have changed the entire g decision. He also opined how residents lost respect for the Board's decision when the Board Chairs opinion discounted the Fire Chiefs expertise. Mr. Gene Duncan stated his largest concern in the way he Chair handled led his authority and conducted the meeting. He also stated his unfavorable impression with th an outside Attorney representing the Building Official and Law Enforcement's res p ence at the Appeals meeting in light of a veiled threat. A motion was made by Ms. Roberts and seconded b Mr. Petsos to Approve Pp rove Ordinance No. 07 -2007. The vote on the motion carried 3- • with voting as follows. Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos For• g s ,Mayor Randels, Against, and Ms. Roberts, For. A motion was made by Mayor Pro Tem Hoc and seconded b Ms. Hoog y Roberts to extend the meeting for Fifteen Minutes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Terri Hoog For; Mr. Nicholas For Mr. Petso • s, For, Mayor Randels, For, and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 12 of 14 1 Motion to Approve: Ordi nance No, 09 -2007 Repealing n . pe g City Code Section 110 -376, related to Preservation of Trees, at First Reading. g Mayor Randels read Ordinance No. 09 -2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, REMOVING SECTION 10-376 FROM THE CITY CODE CONSISTENT WITH REPEAL PROVISION CONTAINED IN SECTION 4 of ORDINANCE 05 -2005• PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that this Ordinance would correct an inconsistency in the City code related to tree preservation and was thereby a housekeeping issue. There was no public Comment. A motion was made by Ms. Roberts and seconded b M a yor yor Pro Tem Hoog to Approve Ordinance No. 09 - 2007. The vote on the motio earned 5 with voting as follows: Mayor Pro Tem Hoog, For Mr. Nicholas For Mr. P etsos, For; Mayor Randels, For, and Ms. Roberts, For. 12. - Motion to Approve: ordinance No. 10 2007 Amending . � ng Section 11491, Sett Forth off - Street Parking Requ for Resort Dwe! iings, at First Reading. Mayor Randels read Ordinance No. 10 -2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING SECTION 110-491 of THE CITY CODE REGARDING oFFSTREET PARKING REQUIREMENTS; SETTING FORTH oFFSTREET PARKING REQUIREMENTS FOR RESORT DWELLINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY• AND AN EFFECTIVE DATE. s FECTIVE Mr. Petsos stated that he saw no change in the required number of parking spaces for Resort Dwellings in the Ordinance. Mr. Morley related that he assisted the Planning and Zoning Board with options. Comparisons between resort dwellings and hotels were made and in conclusion the Ordinance was developed in order not to penalize the resort dwelling or resort condominium applicants. Mr. Morley explained that the existing amount of space was acceptable for the duration of the resort dwelling existence. Ms. Roberts proposed using the number of bedrooms, or bedroom space that could be declared at the time of Certificate Application. Mayor Pro Tem Hoog suggested using the Civil Citation Ordinance to address the problem. Mr. Morley stated that parking was not included in occupant load. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 13 of 14 Ms. Debra Carroll, Cape Canaveral resident, informed that she owned six condominiums. She stated the unfairness of two parking spaces for a one - bedroom apartment. P meat. Ms. Carroll also stated that creating additional parkin was a pe when she g pe ty Could not create more land. Ms. Carroll specified that any persons usin g a one-bedroom resort dwelling would generally use one vehicle. She stated that the arkin issue w a s ^ P g s related t� a limited few that bought in areas where the owners Could not Create mores space. . Ms. Roberts re- stated her proposal of using bedrooms ace as a standard. Ma yor Pro Tom Hoog stated that this would discriminate against resort dwellings over residential. ntial. 'Mr. Morley reported that hotels have one parking space er eve unit and are traditionally P � ovally enforced by the number of keys. Mr. Harry Pearson of the Planning and Zoning oard stated that the Board d discussed parking related to resort "dwellings' only, not resort condominiums. Mr. Pearson informed that a third Category emerged of small units with one bedroom and one parking . p g space for that bedroom. Ms. Erse Cunnigan stated that when overnments historical) a g y p assed a law, there were pre -existing conditions. She stated that one Could not create more ground and this issue related to only a few. Mr. Boucher referred to the one- bedroom dwellings and clarified that when the use changed from a month) rental to a resort dwelli g, then the parking would also need to Conform to the new use standard of two ar " p k� ng spaces per unit. Mr. Morley expressed that this would became a limitin g tool as the intent of the Ordinance states in one of the Whereas clauses to restrict the number of resort dwe llings. Mr. Boucher stated that the proposed applications that Could not meet the arki P ng regulations would be denied. Ms. Carroll Concluded that she was bei ng penalized. A motion was made by Mayor Randels and seconded b M r. Petsos to y Table Ord No. 10 -2007. The vote on the motion carried 5-0 with voting as follows. Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr, Petsos For; May or y Randels, For, and Ms. Roberts, For. DISCUSSION: 13. ocean Woods Homeowners Association, Inc. Request for the City ty to Assume the Maintenance Responsibilities of Their Storm and Sanitary Sewers, Mayor Randels informed that the Council had a letter from Ocean Wood Homeown Hers Association related to the City assuming maintenance responsibilit for the O P ty O an UVvads ' Storm and Sanitary Servers. ))Mayor Pro Tem H stated that if Ocean Woods s accepted public funds then they would no longer be a gated community ut a public road. M tY P r. Richard Worley of 8718 Banyan Way Ocean Woods stated he that received services from other public utilities while remaining a ated community He stated that h g Y e was requesting a service for which they were already paying on sewage and stormwater maintenance. Mayor Pro Tem Hoog re stated that expending ublic funds would require that th P eq a road become a public road. Mr. Bandish explained how their lateral rivate sewer line � ne goes 1 1 1 City of Cape Canaveral, Florida , City Council Regular Meeting 4 November 20,2007 1 Page 14 of 14 '' Cfrom their home to the main sewer line. Mr_ Bandish clarified that the City maintains the 1 sewer line from the right-of-way and all City residents receive the same service. Mr. Worley contended that they were being charged for a service for which they were already paying. Mayor Randels clarified that the Solid Waste was a private contract. Mr. Boucher asked the Council if they wanted him to develop a maintenance or repair agreement. There was no response for action. Mr. Leon Maged used the City of Cocoa as an example in that they were responsible for their water line, and sewer was a public utility just like water. Mayor Randels concluded that at this time there was no response from the Council to Mr. Worley's request. } REPORTS: 1 i City Manager • Mr. Boucher informed that the Recreation Board approved a concept of a signature sign in memory of Nancy Hanson. Robert Lefever, Recreation Director, stated that the signature would be adhered to the main building on its north entrance. Mr. Petsos asked if there would also be block letters to state that this was Nancy Hanson. Mr. Nicholas suggested changing the sign on the marquee on State Road Al A. Mr. Petsos then said that if Mr. Nicholas's suggestion was done, then he was fine with the signature. Mr. Lefever pointed out the legibility factor since they had viewed an 8-inch by 11-inch rendition and he reminded that the sign would be constructed of wood. Mr. Lefever stated that the overall size would be 24-inches by 72-inches. Mr. Lefever clarified that the Council would like to see the marquee on State Road Al A with Ms. Hanson's name on it in regular font letters. Council agreed. Ms. Roberts requested to have a plaque that quoted Peter Kerakotis' article as a tribute along with a photo in an established location. Mr. Petsos suggested contacting Mr. Kerakotis. Mr. Lefever would relate Council's ideas to the Board. Ms. Roberts clarified that she meant a plaque with an inscription of the article. Mr. Lefever announced that the memorial date was set for January 12, 2008. • Mr. Boucher reported that the sand project was proceeding well • Mr. Boucher announced that the new police dog, "P.D." a Jack Russell rat terrier trained to locate narcotics was performing well ' , Staff No staff reports were given. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 11:04 P . Rocky Randels, MAYOR /d�"' r,,,=, ��� — �r+i' Susan- 'tills,.CMC A TY C ER , 4 1 . l s 1