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HomeMy WebLinkAboutMinutes 12-04-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 71 'I Polk Avenue, Cape Canaveral, Florida TUESDAY December 4, 2007 7.00 PM MINUTES CALL TO ORDER: The Chair called the meeting o order at 7: � 00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Mayor Pro Tem Council Member Council Member Mayor Council Member City Manager City Attorney City Clerk City Treasurer Public Works Director Recreation Director Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Walter Bandish Robert Lefever Mayor Randels explained that the upcoming presentations were for informational purposes only. This venue would give the Council and the public an opportunity to view the proposed concepts and ask some general questions. PRESENTATIONS: Cape Carlbe 11 Project Concept Mr. Kohn Bennett of 1000 Shorewood Drive Ca Canaveral i ntroduced ntroduced the Cape Caribe II Project. He stated for the record that the multi-phased Site Plan was as vested and approved. Mr. Bennett pointed out the existing main building nd the ocean � g view building and then Buildings ill, IV, V and VI, which were ro sed construction. p po Mr. Bennett referred to the 5 -acres to the west of the pending ite Plan that would 9 add another three buildings to the project. Mr. Bennett referred to the two rO Mies p pe with R-3 and C -1 zoning on each side of the proposed project. Mr. Bennett introduced Mr. John Grand! ich, Mr. Jim Borris and Mr. Maath Bennett also related to the project. Mr. Bennett pointed out that due to concerns with the properties On City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 2 of 14 the proposed 5 -acres in the C -1 zoning and concerns from the neighboring Solana Shores community, their expressed intent on the proposed Site Plan would alleviate those concerns. Mr. Bennett informed of the plan to eliminate one of the buildings on the 5-acre acre site and create a passive park. He also noted a 45 -foot parking structure that would create a buffer to the community to the west. Mr. Bennett also informed of the lan to elimina to one of the buildings in the R -3 zoning and create more landscap This Ian would p reduce C-I zoning room count to 407 and R -3 zoning, 180 rooms; this results in a 54 -unit reduction in density from the original proposal. Mr. Bennett clarified that there were 128 less units to density than what the code allowed. On behalf of Cape Caribe, Mr. Bennett stated the need to re a zoning ng change from R -3 to C -1 for the planned pool deck expansion and the parking are � p g a to the north= cape Caribe would agree that the area become develop restricted � p n order to not become units and that the acreage would not be used in an d ensity ensrty count. Mr. Nicholas asked the City Attorney if a change from R -3 to C -'l would require a Comprehensive Plan amendment. Attorney Garganese affirmed that this zoning ning change would require a small -scale comprehensive Plan amendment since the roe was p p rtY less than 1 0-acre. Mr. Grandlich replied to Ms. Roberts that he had a meeting planned with Solana Lake for Monday, December 10 � ng p at 6:00 P.M. Ms. Roberts related that Solana Shores responded favorably to the project due to the decrease in the number of buildings, the increased green space and the distance between the buildings. Ms. Roberts also noted the contribution of a passive park area. Mr. Bennett clarified that the park space would not be dedicated to the City; however, the park is available to residents. Mr. Petsos stated that he had met with Cape Caribe and because of the buffers and increased green space he saw the project as a benefit to the City. Mr. Nicholas also stated that the project was an overall benefit to the City due to reduced sewage and reduced traffic. Mr. Nicholas questioned the area that the firm desired to re -zone to D -1 a nd he requested a Development Agreement. Attorney Garganese stated that the Cit ould use ty one of two mechanisms, either a Development Agreement or a Restrictive Re- zoning , which rch was a list of development restrictions to accompany the re-zoning. Mr. Bennett agreed g g that the Re zoning would be restrictive and contingent, if the council desired and added to the Site Plan approval. Mr. Nicholas recounted some of the roject's benefits an p � d expressed his favor with the proposal. Mayor Pro Tem Hoog questioned the pool deck and potential nighttime activity. Mr. Bennett replied that the pool deck had established hours. Ms. Roberts commended Towne Realty on their outreach to the community in presenting their project and listening to the community and meeting the City's goals. Attorney Garganese replied that there City of Cape Canaveral, Florida City council Regular Meeting December 4, 2007 Page 3 of 14 were points to address during the Site Plan process such as the Development Agreement and the Re zoning document. Mayor Randels asked Mc. Bennett to display the presentation for the audience's viewing. Mr. Nicholas acknowledged the Planning and Zoning Board members in the audience and asked if there were any major objections that they would like to address. Mr. Bennett responded to an audience question that the drainage systems were already in place. Mr. Maath Bennett stated that a portion of the 5 -acres was used for a retention p ond. A resident stated that there was no established engineering ma p and he saw this as an opportunity to address any imminent drainage problems for Solana Lake. Mr. Bennett clarified that a map of the overall system was presented to the St. Johns River Water Management District. Ms. Bea !McNeely, Planning and zoning Board chairperson, q uestioned the traffic flow. Mr. Bennett explained how the traffic pattern flowed around the . erimeter of the p p p p Y Mr. Orandlich stated that 90 percent of traffic used the George Kin Blvd. entrance. Mr. King Bennett replied to Ms. McNeely that the traffic would not impact or act Solana Lake. Mayor y Randels concluded that the project would come before the Planning nd Zoning Board g g and if a small -scale comprehensive Plan change were needed, it would p roceed to the Florida Department of Community Affairs. Mr. Bennett thanked the council for the opportunity to present the project. Sheldon Cove Plaza Project concept Ms. Sandra Barkalow presented the Sheldon Cove LLP, Plaza Project and introduced Mr Bill Mays, Owner/ Developer. Mr. inlays introduced his wife and partner Dottie both of 224 Lansing Island Drive, Indian Harbour Beach. Mr. Mays ex how he refurbished a � n older Cape Canaveral building, call One, which received several Beautification awards. Mr. Inlays also noted his buildings on Imperial Street ivin a sum total of 'I4 -acres g 9 and 140,000 square feet of commercial property. Mr. Mays stated that in 1 d Y ears his properties have brought over $60 million in wage impact to the area through 300 new jobs. g Mr. Mays asked the Chair if some calf One employees could exp ress their opinions o n the project later in the meeting. p p Ms. Barkalow introduced Mr. Arthur Berger, Builder, who p resented the architectural renderings. Mr. Berger related Mr. Mays' desire was for an updated modern architectural approach. He explained that the first floor would include retail shops and on the upper pp er levels, office space. Mr. Berger noted a parking structure and landscaping. He also note d underground power lines. Mr. Berger pointed out the land use intent usin g an aerial view. He stated that there was no residential near the planned construction. Ms. Barkalow referred to a University of Central Florida study performed in June Z dY � 006 that related to what residents desired to see in the communit A wide vane of middle to u � � - p scale restaurants, retail shops, entertainment venues and personal services were listed from the survey. Ms. Barkalow introduced Ms. Donna Stromer, Chief Financial Officer, for a , City of Cape Canaveral Florida City Council Regular Meeting December 4, 2007 Page 4 of 14 Sheldon Cove. Mayor Randels interjected that the University of Central Florida study was performed at the request of the City's Business and Cultural Development Board, and brochures of the study results were available to the public in the meeting room. Ms. Stromer stated that the project would create an additional 2,879 jobs directly and indirectly and an increased net wage of $1.5 million. Mr. Preston Bauman stated that he recently oved to the community from y ty m Melbourne and he related how revitalization drew him to the City He was a 5-year em �' y em ployee with Call One and found the owner a solid businessperson. Ms. Jackie Fredrickson stated that she was a Canaveral resident and Call one employee, and she saw the roject as a p � benefit with the anticipation of potential new jobs. Mr. Stefan Mays, son of Bill Mays, related y y , that he grew up in the County and he planned to occup n office suite in the new ew structure. He anticipated the development concept that was currently on- existent in the he community. Mr. Berger stated the intent of a 5 - story office structure in C - I commercial zoning. The 64 -feet, 8 -inch roofline would, however, exceed the Cit height lim itat i on. ty � lrm�tatron. Mr. Berger stated that the AJT building became a three-story office building due . � g to a previous Counc decision. Mr. Berger presented comparable sizes of the Ci ty's p existing cell towers, the new proposed Port Hotel and the Port's silos with the intended building. ng. Mr. Mays then related on his concept of a lifelong dream for a community landmark. ark. Mayor Randels clarified that they were seekin .5 feet high ceilings. Mr. � g g Berger related Mr. Mays purpose to provide Class A offices ace and not the standard office ff ce space with 8-feet high concrete ceilings. Mayor Randels referred to a ast recommendation n from Mr. Lamar Russell, which resulted in a room number re for building g hotels, which was a success. Ms. Roberts thanked Mr. Nays' for a design which showed that he had listened to the residents' responses to the Community Survey and their de ty y sire for more restaurants and services. Mayor Randels explained that in 1973, a previous Council decided on a referendum m on height limitation. Attorney Garganese stated that as of 1983 the Sup p Court amended their decision related to a City not being allowed to use a referendum to est ablish a height limitation. Mr. Nicholas asked to consider the concep in more detail and s uggested uggested a referendum related to a final decision on height limitation. Mr. Petsos stat ed that the City's residents would need to respond to whether or not the desired to exceed the existing xisting 45 -foot height limitation. Mayor Pro Tem Ho expressed his favor with the he concept and stated the building as something the City needs; however a referendum was the echoed sentiment of the Council. He, too, stated that the le should vote to exceed t limitation. � he height Mr. Berger questioned how soon the project could proceed to the next Agenda. Attorney Garganese replied that the issue required study; however, an overlay zoning provision authorized by referendum for asite- speck change with a mailed out ballot paid for by the owner of the property. Mr. Petsos replied that the City Attorney's recommendation would incur a spot zoning issue. Mr. Nicholas stated that the Council should proceed through the City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 5 of 14 proper channels of the Planning and Zoning Board then to the Council and not take precipitous action. Mayor Pro Tem Hoog stated that he desired for the company to market the project to the community and then hear from the City Boards. Mr. Nicolas stated that any changes to the City zoning code, by its own laws, had to proceed to the Planning and Zoning Board. Attorney Carganese responded to Ms. Roberts that his suggestion was to gain citizen g9 g approval through a site - specific overlay zoning provision with the Planning and Zonin Boards recommendation of the proposal set before the citizens. Discussion followed on how to proceed with the concept. Ms. Roberts stated the need for the citizens' understanding of the developers approach. Mayor Randels related the consensus that the Council could agree with the concept if the citizens were in favor of it. Attorne y a nese advised that this project could become one of many and he therefore recommended review from the Planning and zoning Board. Mayor Randels concluded with the Council's desire for the presentation to proceed to the Plannin g and Zonin g Board for further review. Ms. Joyce Hamilton stated that the concept of higher t floors ace was how the concep p should be presented, not a request to exceed the f height limitation. Mr. Mark Morrison g o 8931 Lake Drive stated that the first request was to exceed the height at B5 feet and then various other stated heights. He stated that this was not the way o p lan a Cit Mr. y P � Morrison also expressed his view on potential traffic congestion related to the project g p 1 due to the parking structure of this building and that of the Ron Jon Ca Caribe p roject. He � P 1 stated that the building should be viewed in its broader context which was more beneficial to the cruise industry. Mr. Berger affirmed the validity of Mr. Morrison's issues and said that these were presented to the Florida Department of e Transportation. Mr. Berger gr clarified that the concept was favorable to the City Council and Sheldon Cove would proceed to the Planning and Zoning Board for further review and then to the P ublic. Ms. Roberts concluded that the City should proceed at a deliberate P ace in order for the developer and the community to remain clear about this issue. A motion was made by Mayor pro Tem Hoog and seconded b Cllr. Nicholas t y o forward the Sheldon Cove Concept Project to the Planning nd Zoning Board f � g or discussion. The vote on the motion carried 5-0 with voting s follows: Mayor Pro g y Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For Mayor Randels For and Ms. For. y , Roberts, For. The Chair called for a three- minute recess. City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 6 of 14 REPORTS: City Council Members Council Member Roberts * Ms. Roberts stated three environmental concerns in the community: 1) red tide, 2} soot from the ships in the Port Canaveral area, and 3) the Coastal Fuels emissions. She stated the need to consider a strengthened environmental assessment capability and to introduce environmental quality standards to protect the City's health and safety, and some environmental staff monitoring. • Ms. Roberts referred to an action tracking capability originating from the City's minutes establishing who is responsible for issues and the reporting at subsequent meetings. • Ms. Roberts requested to consider additional Lifeguards in the City. • Ms. Roberts referred to establishing Cape Canaveral as a nationally recognized "Green" City as well as a "Tree" City. • Ms. Roberts requested to establish strategic actions and dates related to the North Atlantic Avenue corridor for: the stop sign at Shorewood, underground utilities, preference of a two --or three -lane highway, and the left -hand turn lane. Council Member Nicholas • Mr. Nicholas questioned the amount of space in the new building compared to the existing office spade for the Building Department. Mr. Morley replied that the square footage would double the area to 1,300-to 1,400 square feet. Mr. Nicholas suggested not moving the entire Department to the new building. • Mr. Nicholas requested for staff to research what revenue sources the City had in order to pledge against bond issues. Council Member Petsos • Mr. Petsos asked the City Manager or City Treasurer to address what City assets were frozen in light of the State Board of Administrators financial situation. Mr. Boucher responded that the State Board of Administrators froze assets and hired Blackstone financial to address the State's investment status. • Mr. Petsos questioned the beach walkway access from Ocean Woods in order not to block the residents from Central Blvd. The Building Official would monitor the situation. Mayor Pro Tern Moog • No report. Mayor Randels • Mayor Randels stated that he met Stan Wielga of Vitol Terminals a tank -farm firm and asked if there were any interest from the Council to meet with them. City of Cape Canaveral, Florida City Cou ncil Regular Meeti December 4, 2007 Page 7 of 14 • Mayor Randels announced that the City was now performing single-source recycling. Mr. Boucher announced that waste Management would meet with the Council at their next meeting. Mayor Randels asked if there were any further answer for the ocean Wood's residents' request. Ms. Roberts reminded that the question was raised that the would become a public road if public funds were expended on their issue. Mr. Petsos stated that Ocean Woods was to return to the Ci ty Manager r with what the y were willing to pay for any subsequent expenses. AUDIENCE To BE HEARD; Mr, Tom Garboski questioned the Tripple J Investments litig status. Attorne y Garganese informed that the Circuit Court overturned the Board of Adjustment's deci soon and remanded the Boards decision back to them for further consideration. Mr. Boucher stated that the Applicant had discussed with the City that they were reviewing heir options q p with the project. Attorney Garganese concluded that this was a 1 - uasijudicial decision that q the Board made based on findings out whether the development was com with the ]� surrounding area. On behalf of the Sheriff's Department, Mayor Randels read from an article in which the Brevard County Sheriffs office was recognized by the Florida Public service Commission for their 9-1 -1 Communication Service staffs= respo time. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 20, 2007. 2. Approval of Employee Christmas Bonus. 3. Resolution No. 2007 -38; Reappointing Members to the Construction Board of Adjustment and Appeals. Mayor Randels asked if any Council member, staff, or interested p arties desired to remove the Consent Agenda item for discussion. Ms. Roberts requested to remove items No. 2 and 3. A motion was made by Mr. Nicholas and seconded by Alts. pp Roberts to Approve w Consent Item No. 1. The vote on the motion carried 5-0 with vote n as follows; The vote on the motion carried with voting as follows: Mayor Pro Tent Hoog,, For; Mr. Nicholas, For; Air. Petsos, For; Mayor Randels, For, and Ms. Roberts For. City of cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 8of 14 2. Approval of Employee Christmas Bonus. Ms. Roberts suggested this as an opportunity to introduce individual and team awards related to major projects and suggestions to improve safe performance andtor customer safety, l� tourer servi and cost -- savings to the City. 3. Resolution No. 2007-38- Reappointing Members to the Construction Bo f o Adjustment and Appeals. Ms. Roberts requested more information on incumbent Board members' back grounds nds in order to review those who desired to continue to serve on the Ci tY' s Boards. Mr. Nicholas stated that their applications were on file. Council members declined to request any Y further information. A motion was made by Mr. Nicholas and seconded b Mr. Petsos to Y App rove Consent Items No. 2 and 3. The vote on the motion carried 5-0 with voting as f ollows: The vote on the motion carved with voting as follows: Mayor Pro Tern Y Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels For and Ids. Roberts, For. CONSIDERATIONS: 4. Motion to Approve: An Appointment of a Voting Delegate and an Alterna . g eg to Voting Delegate to the Space Coast League of Cities. There was no further comment. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Appoint Bob Ho o as a Voting Delegate and Shannon Roberts as an Alternate Voti Delegate g g e to the Space Coast League of Cities. The vote on the motion carried 5 - with votin g as follows: Mayor Pro Tern Hong, For Mr. Nicholas, For; Mr. Petsos For, May or Randels, For, and Ms. Roberts, For. 5. Motion to Approve: A Life Trail for Manatee Park. Mr. Boucher affirmed for Mr. Nicholas that $147,000 in Impact Fees was available. Ms. Roberts stated that she understood that the city planned to approach one of the hotels for r assistance. Mayor Randels informed that the Residence Inn had adopted the Bark area for clean -up purposes. Ms. Roberts re- stated that she understood from the Beautification and Recreation Board discussions that the city would exp lore potential cor porate p p rp contributors. Mr. Nicholas stated that he understood that advertisin g was the consideration on the corporate side. Robert Lefever, Recreation Director, replied that the walking rail not the cluster, would 0 t , benefit the Manatee Sanctuary Park site and the City ad the choice of a 7- station or � tY - o City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 9 of 14 station set -up. Mr. Petsos questioned vandal-proofi the equipment. Mr. Lefever � p ever stated that the major concern was the equipments moving rts and their mainten q p that were under warranty; however, vandalism was an unavoidable risk. Mr. Lefever replied to Mr. Nicholas's question on surveillance cameras that the were still under consid eration. eration. lllls. Roberts expressed the return to the discussion of corporate contributor support. pport. Mayor Randels suggested that Ms. Roberts and Mr. Lefever approach the hotels s far their support. Mr. Boucher suggested selling a plaque for each of the ten life trail stations to which Mr. Lefever agreed. A motion was made by Mr. Nicholas and seconded b Mr. Petsos to Approve pprove the 10- station Life Trait from Impact Fees for Manatee Sanctuary Park in the . ry Amount of $50,345 to include Installation. The vote on the motion ca - - . rued 4 � with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos For Randels, For, and Ms. Roberts, Against. ,Mayor 5. Motion to Approve: Mermaid Key site Plan Compliance Period Extension #� ns�on Request. Mayor Randels briefly stated that the Request was for an Extension of the Mermaid Key 90-day Compliance Period. Attorney Timothy Pickles of 3490 N. LAS 1 Cocoa addressed the Council and reminded that nine of the ten conditions laced on his client with p the previously approved Site Plan were performed. Attorney Pickles informed that the one remaining condition was an $110,000 change order payment to relocate the sewer for ce main. He was requesting an extension on the applicant's behalf in order to obtain the required permitting from St. Johns River Water Management District. Martin Greene of Greene International, Inc. , stated that he anticipated said permit within two to p p three weeks. However, he would need until March 31 st in order to close with the bank and to obtain the first fund draw to pay the City the $110,000 for the force main relocation. Mr. r � eene stated that the bank would not close without a permit. Mr. Boucher informed that he notified Mr. Greene b E -mail of the $110,000 a Y pa yment to relocate the sewer line on September 17th. Todd Morley, Building official read Y g each Mermaid Key Site Plan condition and its current status. Mr. Greene informed that moving the sewer line to any other location, such as under the parking lot or the dum s . p 0 p ter area, would create an imposition to the area residents if there were a line break. Mr. Boucher informed that the City was on the last portion of a $700 p roject related to a major City sewer line. Walter Bandish, Public Works Director, replied that the City had a contractor on -hand; however, a 90-day delay would mean construction crew re-- mobilization and any subsequent costs. Mayor Randels expressed the Council's Consensus to roceed p with the project. Mr. Greene stated that Ed Gardulski, former Public Works Director, told hurt that the sewer line project was anticipated and budgeted. However, he was n . g of Informed of when the sewer line project would begin. Mr. Greene stated that he was agreeable with a lien on his property and he clarified that he was not intentionally holding u the p roject. p p � City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 10 of 14 A motion was made by Mr, Petsos and seconded by Mayor Pro Tens Hood to Extend the Meeting to 10:30 P.M, The vote on the motion car 5-0 with voting as follows. : Mayor Pro Tem Haag, For; Mr. Nicholas For; Mr. Petsos, For, Mayor Randels, For, and Ms. Roberts, For, Attorney Garganese advised on the City seeking a Letter of Credit as a more secure way to obtain its money for the change order in lieu of a Lien. Attorney Garganese explained that once the Mermaid Key conditions were met, then the City could submit the Letter of Credit for a payment. Mr. Greene stated that a Letter of credit could not be obtai within the time constraints. Attorney Garganese stated that Mr. Greene's sug gestion would d shit the risk to the City and his recommendation to the Council was for Mr. Greene to a ssume the risk. Mayor Pro Tem Hoog re- stated his concern to complete the sewer line. p Mr. Greene re- stated that he was unaware of when the sewer line project would begin. Mr. Boucher recommended corn mended returning the item to the next City Council Agenda on December Z en g �. Mr. Greene asked to address conditions No. I and 5. He stated that, 'I } he agreed to move the sewer line in order to save the tree and, the City did not } ty h ave any specific criteria for a Lighting Plan in its ordinance. Attorney ickles clarified ed that since there was no specific Lighting Plan in the City's ordinance, the Building fficial could uld approve lll[r. Greene 's plan. fills. Janice Greene inquired if the Counci l were agreeable to her writing a check to the City in order to proceed with the Site Plan extension. n No action followed. A motion was made by Mr. Nicholas and seconded b M yar Pro Tern Hoop to Approve the Mermaid Key Site Plan Compliance Pena ' l� d Extension Request for 90 -days and to Investigate the Possibility Credit tY of a Letter of nedit . �n the Amount of $110,040 to complete the Estimated Change order No Action was Taken on the Above - Stated Motion. A motion was made by Mr. Nicholas and seconded b Mr. Y Petsos to Postpone Discussion on Item No. 6 to the Next Scheduled City Co . �n t]► ounce I III[eet� ng on December 1 � . The vote on the motion carried 5-0 with voting as follo • � follow Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos For; May R y andels, For, and Ms. Roberts, For. A motion was made by Ms. Roberts and seconded b Mr. ' Y Nicholas to Extend the Meeti to 11:00 P.M. The vote on the motion carried . ed 5-D with votin as fallo�nrs. Mayor Pro Tem Hoog, For; Mr. Nicholas For; Mr. Pe tsos, Far; Mayor Randels, For, and Ms. Roberts, Far. City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 11 of 14 ORDINANCES: Second Public Hearin 7. Motion to Adopt: Ordinance No. 07-2007,, Amending Chapter hapter I 10, Creating an Appellate Review Procedure from Final Decisions of the Board of Adjustment or Community Appearance Board, at Second Reading, g Mayor Randels read Ordinance No. 07-2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER I 10 ZONING of THE CODE OR 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. Lamar Russell, Planning and Zoning Board, Vice-Chairperson, requested 3 q steel the Council's logic in voting on the amendment. Ms. Roberts restated from the r p evious meeting that this Change of procedures would provide another level of review within the City prior to an Appeal proceeding to the Appellate Court. Mr. Russell asked why after 40 plus years the Council was responding in a punitive manner toward the Board. Ms. expressed that this was not punitive but would enable the elected officials to hear . . any citizen Appeals. Mr. Russell pointed out how future Council's might not have the g same perspective as the present Council and Could be influenced. Mr. Mark Morrison of 8931 Lake Drive, Cape Canaveral expressed i p his frustration over what has happened and although he commended Mr. Russell he opposed his view stating that times have changed. Mr. Morrison related on his military service ce career and stated that the ultimate municipal decision in a democratic system rest with th the elected officials. Mr. Morrison stated that he heard Mr. Earl McMillin a marine p it ot, his wife, and his son, also a marine pilot, were all members of the Marine Pilots Association, which was a direct Conflict of interest with Mr. McMillin's osition on the Board of Adjustment. djustment. Second, Mr. Morrison stated that Mr. McMillin became a proclaimed fire expert after one day of training. Three, Mr. Morrison stated that he did not see the logic of setting the City Attorney against the Building Official who is a trained professional on a construction decision. Fourth, he did not see the letter in which the 1991 Mayor expressed opposition to any further tank farm expansion. Mr. Morrison read quotes from Board and Council Members related to the Coastal Fuels issue. Mr. Morrison stated in conclusion that the fact that the people can influence elected officials was the point and a right in a democracy. City of cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Wage 12 of 14 Mr. Nicholas stated that he was disturbed that a citizen would use this opportunity to castigate Mr. McMillin, a volunteer Board member. Mr. Nicholas expressed his agreement with Mr. Russell and he stated did not agree with the Council � assuming the Board of Adjustment's duties. Ms. Roberts responded that since the citizens � rt�zens elected the Council, then the elected official should hear citizens rior to an issue p proceeding to Appellate Court, which might deter legal costs. Mr. Petsos also stated that the elected officials should make the final determination prior an issue roceedin p g to Appellate Court. Mayor Pro Tem Hoog stated that he was not supportive of the ppo Ordnance in the beginning. He expressed his respect of the Boards; however he stated that the Council should bear any hostility. He also related on disturbing com ments that Counci members accepted bribes from coastal Fuels. Mayor Pro Tern Hoog ex pressed xp his support of the Ordnance. Mayor Randels expressed that he, too, ave the Ordinance amendment endment much deliberation. Mayor Randels stated that he, too saw the amen ded ded procedure as an opportunity to hear public concerns. Mayor Randels also expressed his support p ppvrt of the O Mr. Russell expressed that if the Council had a problem with one person on the Board then the person should be removed, but not to penalize the entire Board. Ms. Melanie Evans stated that many community residents lost confidence in the Board of Adjustment due to the manner in which the Appeals Meeting was handled. Mr. Dick Biel of Solana Lake stated that it appeared that the amendment to the Ordinance would apply to any dispute. He expressed his favor with an Appeal coming before the Council prior to proceeding to Court. A motion was made by Ms. Roberts and seconded b Mr. Petsa y s to Adopt Ordinance No. 07 -2007 at Second Reading. The vote on � the motion 4-'l carried with e voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas Ag ainst , Mr '� � � PetSOs, Far, Mayor Randels, For and Ms. Roberts, For. A motion was made by Mayor Pro Tenn Hoog nd seconded to g Extend the Meeting Until 1 1:30 P.M. The vote on the motion carried 5.0 with voting • gas follo3n►s. Mayer Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos For- May Roberts, For. y Randels, For, and Ms. 8. Motion to Adopt: Ordinance No. 09-2007 Repealing City pea g code Section 110 376, related to Preservation of Trees, at Second Reading, g Mayor Randels read Ordinance No. 09-2007 b y title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, REMOVING SECTION 10-375 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 RESQI_DTIONS INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 13 of 14 There was no publ comment. A motion was made by Mr. Petsos and seconded b Mayor Pro Tern y y m Hoop to Adapt Ordinance No. 09 -2007 at Second Reading, The vote on the motion . on carved 5-o with voting as follows= Mayor Pro Terri Hoog, For; Mr. Nicholas Far Mr. Pe tsos, For, Mayor Randels, For and Nis. Roberts, For. ORDINANCES: First Public Hearin 9. Motion to Approve: Ordinance No. 1 1 -2007; Adopting Amend p g merits to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility un d, tY Special Revenue Funds and Expendable Trust Fund Budgets for the ' : � � g e Fiscal Year Ending 09130107, at First Reading. Mayor Randels read Ordinance No. 11 -2007 by title. AN ORDINANCE OF TIME CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; PROVIDING FOR AN EFFECTIVE DATE. Andrea Bowers, City Treasurer, stated that this Ordinance would comp lete t ' p he City's s Budget year. Ms. Bowers explained that under the Government Accounting g S andards Board the Ridgewood Avenue road value was included. Ms. Roberts inte po d Out the need to also include North Atlantic Avenue as well as the need to keep n in -house Ci in the Budget. p ty Planner There was no public comment. A motion was made by Ms. Roberts and seconded b Mr. Petsos to Approve y Pp e Ordinance No. 11 -2007 at First Readi The vote on the motion ca ' rued w voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsoa Far Ma Randels, For and Ms. Roberts, For. DISCUSSION: 10. Motion to Approve: Purchase of a Beach Cleanin g Machine. Ms. Roberts suggested Tabling the Item until the next scheduled meeting ue t g o the late hour. Mr. Boucher stated that he would need to know if there was consensus from the Council for an Interlocal Agreement to Cost -Share on the urchase. Mr. Pet p sos requested information from the Beach Improvement Committee. Ms. Roberts related the concerns of residents' on protecting shells on the beach and on Cocoa Beach's dominate need f the machine. Discussion followed on the machine's durability n a coastal environment. � Mr. City of Cape Canaveral, Florida £ City Council Regular Meeting December 4, 2007 Page 14 of 14 Boucher made note that he presented the equipment use parameters in his packet. Discussed ensued on removing fish from the beach. Mr. Garboski reminded that Cocoa Beach had 10-miles of beach and Cape Canaveral had 2-miles of beach and he suggested a percent of cost sharing based on usage.Pe n9 sage. Mr. Boucher replied that Cocoa Beach did not plan to clean their entire beach. Council agreed to have the City Manager seek more information. REPORTS: 1. City Manager • Mr. Boucher reported that he spoke with the Walgreen's Corporation related to any tax incentives. Council agreed to have the City Manager and City Attorney seek additional tax incentives. { 2. Staff City Clerk • No report. City Treasurer } • No report. { Building Official • No report. Recreation Director • Mr. Lefever announced the Reindeer Run on Saturday, December 8th at 8 A.M., Cherie Down Park. • Mr. Lefever announced the Holiday Tree Lighting on December 16th at 6:30 P.M. at the Cape Canaveral Library. ADJOURNMENT: There being no further business the Meeting adjourned at 11:30 P.M. Rocky Randels, MAYOR Susan St' Is, CM , CITY CLERK corl Coo