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HomeMy WebLinkAboutMinutes 01-17-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 'I'I'I Polk Avenue, Cape Canaveral, Florida TUESDAY January 17, 2005 7:00 PISA 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 Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director PRESENTATION Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski 2005 Reindeer Run Proceeds Chock to United Way of Brevard County and Sponsorship Recognition Ms. Kim McIntire announced the event as the City's 10 Annual Reindeer Run. She recognized volunteers from City staff, the Kiwanis Club, the Cape Canaveral Volunteer Fire Department and the Canaveral Precinct. Ms. McIntire recognized Mr. Martin Greene of Greene International, Inc as a $2,500 Corporate Sponsor. She also recognized Jim Herdesky of Tech Vest, Inc. as $2,500 Corporate Sponsor. Ms. McIntire recognized the major sponsors as: Paul Malucchio of Blue Note Publications for his publishing contribution, Craig Smith of Coastal Fuels and Attorney Anthony Garganese of Brown, Garganese, Weiss and D'Agresta, Mike Lowe of Lite Rock 90.3, John Grandlich of the Ron Jon Cape Caribe Resort, Waste Management, Inc. and Clear Channel Communications for their billboard display. City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2005 Page 2 of 9 Ms. McIntire presented a check to Ms. Suzanne Spading of the Brevard County United Way for $12,356.35. Ms. Spading thanked all of the sponsors and volunteers for their assistance. Ms. Spading presented Ms. McIntire with a plaque from the United Way. Mayor Randels presented floral arrangements to Ms. McIntire and Ms. Spading for their coordination efforts. BOARD INTERVIEW John Johanson, Planning and Zoning Board Mr. Johanson affirmed that all of the information on his application was true and correct to the best of his knowledge. He explained that he moved into the City three years ago and has come before several Boards for his projects and would like to participate on the Board. Mr. Johanson replied that he did not anticipate any Conflict of Interest although he is a residential contractor. Mayor Randels informed that Mr. Johanson came highly recommended subsequent to an interview by the Planning and Zoning Board. CONSENT AGENDA 1. city Council Regular Meeting Minutes of January 3, 2006. 2. Renewal of Inmate Labor contract with the Florida Department of Corrections in the Amount of $ 3. Revised Manatee Sanctuary Park Fee schedule. Mayor Randels thanked the City Clerk for the quality of the meeting minutes. He then noted that the Canaveral Bulk storage Plan would not be on this evening's Agenda as noted in the previous meeting minutes due to further review. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Approve consent Agenda Items No. 1 through 3. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 4. Motion to Approve: Cooperative Purchase to Pave and Mill center street by A PAC- southeast, Inc., in the Amount of $35,605.70, City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2006 Page 3 of 9 Mayor Randels explained that Benko Construction Inc. agreed to pay one -third of the paving Cost for this project due to agreed upon use of the site for a staging area during construction. Mayor Pro Tern Hoog noted that according to the signage, dogs on a leash were allowed in the park; however, according to City code dogs are not allowed in public parks. Mayor Randels stated that the signage proposed prohibited animals and alcoholic beverages. He stated that only two of the four contractors solicited responded to the request for quote and the lower of the two was APAC- Southeast. Mayor Randels stated that the City's two -third share would be paid from the set aside paving fund. Mayor Randels asked the Public Works Director to check on the proposed signs and status for completion. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve a Cooperative Purchase to Pave and Mill Center Street by APAC- southeast, Inc. in an Amount of $35,505.x'0. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: 5. Motion to Adopt: Resolution No. 2006 -05; Extending the Moratorium on Accepting Applications and Issuing Special Exceptions under Section 'I 10- 334(10) Regarding Residential Uses within the CA Commercial zoning District for Sixty (50) Days until March 31, 2005. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110 - , 334(10) of THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT FOR SIXTY (60) DAYS UNTIL MARCH 31, 2006; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that on November 1, 2005 the City proposed a 90-day moratorium on Special Exception Applications for C -1 zoning along the State Road A1A Corridor. This resolution would extend the moratorium. Mr. Petsos reminded that a Workshop Meeting with the Planning Board was scheduled for the following week. Mr. Boucher said that either Ms. Bea McNeely or Mr. Lamar Russell Could explain the Planning and zoning Board's recommendation. Mr. Lamar Russell spoke, not as a Planning and zoning Board member but as a private citizen. He stated that he did not agree with the Planning and Zoning Board's recommendation. Mr. Russell informed that historically the Planning and Zoning Board had no mechanism to deter residential zoning in commercial areas. He explained how the zoning on the North Atlantic Avenue Corridor slowly changed to accommodate residential. Mr. Russell named four major Consequences: 1) applications for residential zoning can be made in any City area, 2) property owners have evolved the perception that Special City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2006 Page 4 of 9 Exceptions are a vested right, 3) the land barrier in each Special Exception is relatively small and is therefore established contrary to the City's Comprehensive Plan, and 4) conflicting residential and commercial areas required increased staff time to resolve those issues. Mr. Russell recommended that the City remove all Special Exceptions from all commercial zones. Ms. Bea McNeely stated that the Planning and zoning Board did not all agree with Mr. Russell. She brought to Council's attention that the City Planner displayed maps that showed an adequate number of commercial to residential zones. Ms. McNeely pointed out that the lack of support for residential zoning prohibits families from moving into the area. This was a detriment to the Cape View Elementary School enrollment. She stated that she did not see where all commercial zones would result in residential. Mr. Donald Dunn stated that he would like to see Special Exceptions eliminated on SR Al A. Ms. Shannon Roberts stated that she would like: 1) to see a Workshop that would include citizen input on this issue, and 2} to address the issue in a strategically planned approach and not in such a segmented manner. She would also like to see the Business and Cultural Development Board included in that discussion. Mr. Petsos stated his agreement with Ms. Roberts and said that he would encourage input from the related Boards and the public. Mr. Morgan expressed that public notice was required. Mr. Boucher noted that this could precede the upcoming meeting. Mr. Nicholas suggested citywide advertising prior to a public meeting. council's discussion concluded that the property owners impacted by the ordinance need to be informed of proposed workshop meetings. Mayor Pro Tem Moog re- stated his opposition to Special Exceptions for residential in commercial zoning. Mr. Todd Peetz, City Planner, stated that although uses changed the Zoning Map has not changed. A developer could be approved under Special Exception for residential zoning and change the development to commercial. Mr. Morgan questioned the granting of Special Exceptions and asked if the city is in violation with the State in light of the Comprehensive Plan. Mr. Peetz replied that the Florida Department of community Affairs recognized the City's historic approval of zoning through Special Exceptions. Mr. Peetz stated that an R4-2 Special Exception in C--1 zoning had to abide by the R-2 development requirements. The Building Official clarified from the City code requirement for R -2 zoning is 25 feet and for C -1 zoning is 45 feet. Mr. Peetz noted that community based meetings would occur during the upcoming Evaluation and Appraisal Report discussion. Mr. Peetz explained Comprehensive Plan Amendments that are large scale require up to nine months to process and binds development funds. Mr. Boucher reminded that a Workshop Meeting could be scheduled for January 31 Nis. Roberts asked for clarity on the role that the Business and Cultural Development Board would play in the discussion. Mayor Randels replied that she could inform the Board that tentatively a Workshop Meeting would occur on January 31't. City of Cape Canaveral, Florida City council Regular Meeting January 17, 2006 Page 5of9 A motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoag to Adopt Resolution No. 2006 -05. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 6. Identification of Annexation Areas. Mayor Pro Tem Hoog informed that the Space Coast Growth Management Coalition Board laid out this project to identify areas of annexation. The project may better serve some of the larger cities and would assist the County in establishing what areas would benefit from annexation. Mayor Randels explained that the Coalition has an outline that includes: Project Purpose, Project Description, Strategies and anticipated Actions within a designated time frame. Discussion concluded that the Avon -by- the -Sea area could be included in the Space Coast League's Plan as a proposed area for annexation within the next ten years. 7. Revised Comprehensive Plan Amendment of Policy CM-4.3 of the Coastal Management Element. Mr. Peetz explained that the Florida Department of Community Affairs (DCA) returned the objections and comments report. The Florida DCA stated that construction in the City could not occur eastward of the Coastal Construction Control Line (CCCL). The CCCL varies however as it crosses the Florida coastline and Mr. Peetz informed that some construction was identified within the CCCL. He stated that an amendment was proposed with requirements to permit construction east of the CCCL subsequent to storm damage. Mr. Peetz stated that he submitted four new proposed criteria for Council's review. Section A) states, "New, redeveloped or repaired structures shall meet or exceed Florida Building Code wind speed map, as amended. Section B) states, "The density for redeveloped or repaired structures shall not exceed pre - development. Section C) states, "The gross square footage for a redeveloped or repaired structures shall not be increased by more than 25 percent of original structure and consistent with the land development regulations. Section D) states, "For new and redeveloped structures should be located on the west building setback line or as far to the west as possible to limit potential exposure." Mr. Peetz noted that when construction intensity increases so does the cost to replace the structure. Mr. Peetz explained that property structures of lesser values, such as pools, driveways and garages were relocated toward the water to reduce hazards during tropical storm events. Mr. Morgan noted some inconsistencies in what Mr. Peetz was told by DCA from practices in other communities in the State. Mr. Peetz agreed and said that he had this discussion with DCA in that the requirements appeared more stringent. Council discussion clarified that the Florida DCA would allow for construction east of the CCCL subsequent to City of Cape Canaveral, Florida City council Regular Meeting January 17, 2006 Page 6 of 9 structural damage with a permit from the Florida Department of Environmental Protection. Mayor Randels noted that the Planning and Zoning Board brought forth the concept of increasing the structure by 25 percent. Mr. Peetz clarified that the Planning and Zoning Board did not approve the increased 25 percent of the original structure concept. Mr. Boucher explained that council could adopt the amendment as proposed, adopt the amendment with changes or not adopt the amendment. Mr. Boucher stated that final Ordinance reading is set for the February 7th council Agenda. 'f. city Manager • Mr. Boucher reported that that the Quarterly Reports were submitted and encouraged council to review the information. • Mr. Boucher reported that the Joint Use agreement for Playground Equipment was signed and distributed. The Park should open by February 1 5t . • Mr. Boucher stated that he distributed the Regional Impact Study request letter relating to the new Ron Jon project for review. • Mr. Boucher informed that Brown and Caldwell, Inc. submitted a preliminary site plan to Public Works on the maintenance building. Mr. Boucher announced a 5 :00 P.M. workshop Meeting on February 7th with Green Blades to cover some landscaping and lighting concepts for Ridgewood Avenue. • Mr. Boucher reported that the Mayor, Mayor Pro Tem Moog, Mr. Petsos and the City clerk would attend Legislative Action Day in Tallahassee. • Mr. Boucher thanked the Reindeer Run sponsors. • Mr. Boucher informed that Ms. McIntire is still working on a model shuttle. • Mr. Boucher reported that the Beautification Board is seeking a small -scale replica of the Manatee Park statute for our Sister city in Portugal. • Mr. Boucher informed that Bell South has begun work on North Atlantic Avenue. • Mr. Boucher also informed that progress is underway again on the sidewalk near the Radisson Resort. Mr. Petsos requested a time certain from Mr. Baugher on completion. • Mr. Boucher reported that the Recreation Director is working with the City Engineer on the fishing platform and other amenities at Manatee Sanctuary Park. 2. Staff Public works Director • No report. Building official • Mr. Morley informed that due to the high winds the previous Saturday; debris was noted coming from the Canaveral Bulk Storage. City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2006 Page 7of9 City Clerk • Ms. Stills announced that newly adopted ordinances would be available three times per year on the City web site through the Municipal Cade link. This is a trial endeavor in order to more efficiently accommodate Council, staff and the general public's need for electronic code research. Paper supplements would be available once per year. City Attorney • No report. AUDIENCE To BE HEARD: • Mr. Richard Doscher inquired about the location of the new Ron Jon Resort and asked if there would be water activity that would impact the nearby city park. Mayor Randels stated that City code prohibits water activity in a no wake zone. Mayor Randels replied to Mr. Morgan that the no wake zone extends to the City limits. The City Manager stated that staff would check on the signage_ • Ms. Shannon Roberts inquired if the Port had asked the City for any input prior to its decision to construct the new Ron Jon Resort. Mayor Randels replied that the City Attorney has drafted a letter to address this concern with the Florida Department of Community Affairs. • Ms. Roberts spoke on increased traffic on North Atlantic Avenue. Mayor Randels replied that the City Manager contacted the County for an assessment study. Mr. Boucher reported that the County will supply a report within 30 days. He also requested an aerial map to show the turning lane project. • Ms. Roberts inquired about the new City Hall. Mr. Boucher replied that he requested an appraisal for the Stottler, Stagg building for Canaveral Precinct. Mayor Randels informed that the City could only pay the appraised value for property. 3. City Council Mr. Nicholas • Mr. Nicholas reported that Council members could not be heard when they sit back in their chairs. He asked if the City could invest in a microphone system upgrade. • Mr. Nicholas asked if staff could make a set of Site Plans available for the public during review. • Mr. Nicholas inquired about impact Fees at Coral Shoppes. Mr. Morley reported that the building in question formerly had 10 units with restrooms and now has 9 units with restrooms. Mr. Boucher announced that Cade Enforcement would address signage. City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2006 Page 8 of g Mr. Petsos ■ Mr. Petsos inquired about the research that the County is not abiding by auditing practices. Mr. Boucher replied that the City Treasurer will research those mechanisms. ■ Mr. Petsos informed that Sea oats are available. Mr. Gardulski would acquire the plants for the City. * Mr. Petsos inquired about the editorial -from Cocoa Beach on the Community Center. He asked if staff was willing to discuss the matter. He would pass on the, interest at the Thursday meeting. ■ Mr. Petsos inquired about the Magma Trading Inc. issue. Mr. Morley replied that he and the Code Enforcement officer would provide a speck list of citations to Attorney Mark Peters. Mr. Petsos reminded that the original letter allowed for a 50- day compliance or the building would be demolished as of February 6th. Mr. Morley informed that with an Engineers Affidavit the firm Gould refute the demolition. • Mr. Petsos asked about the possibility of later hours at the Post office as well as a Sunday pick -up. Mayor Randels replied that the Post Master sets the hours of operation and Post office administration is experiencing budget constraints and a hiring freeze. • Mr. Petsos asked if there were any interest again in pursuing a request for a grant to purchase the property on the corner of Central Blvd. Mr. Morgan expressed that the cost per acreage was well above the appraised value. Mayor Randels concluded that that Florida Forever Fund would pay up to the evaluated amount and any willing donor could contribute the difference. Mr. Morgan • Mr. Morgan commented that a previous Site Plan that was rejected on a bogus claim. He stated that this should not have occurred since creditable Staff persons reviewed the plan. Mr. Morgan stated that the easements presented were not part of the City utility easements. He Stated that action delayed the project without proper cause. Attorney Garganese replied that the City requested a position letter and he stated that through the re --plat process the easement becomes a non -issue if the City Council approves the Site Plan and the Final Plat. However, staff needed to investigate the claim. Mr. Morgan stated that the easement could have been approved subject to investigating the claim and he expressed disapproval stating that this could unnecessarily harm a future applicant and cause unforeseen costs. He stated that if the claim were legitimate, the review process would have noted the discrepancy; however, the easement was eliminated subject to a re -plat. Discussion concluded that staff could provide a determination on easements subject to re -plat during their review. City of Cape Canaveral, Florida City Council Regular Meeting January 17, 2006 Page 9 of 9 Mayor Pro Tem Hoog • Mayor Pro Tern Hoog asked about any anticipated clean up along the canal. Mr. Gardulski replied that work is being performed. • Mayor Pro Tern Hoog also asked about costs for purchasing Cherie Down Park. City Manager stated Recreation Director would address this issue. • Mayor Pro Tern Hoog asked about the request for a memorial in the Veterans Park. Mr. Nicholas replied the he would bring up this matter at the VFW meeting and his concern was that the City not pay for the memorial. Mayor Randels • Mayor Randels reported that the City received $712.50 through the Florida League's Delinquent Occupational License Tax Collection Program. • Mayor Randels reported that the City Manager was selected to participate with the Economic Development Council at a Satellite Conference and Trade Show in Washington, D.C. Mayor Randels asked if any other member of Council would like to attend in order to gain support for Satellite industries in Brevard County. • Mayor Randels reported that the Economic Development Council received $500,000 an enhanced use leasing opportunity to accommodate Canaveral Air Force Station staff relocation during hazardous situations. This project is in conjunction with the Canaveral Port Authority as land and facilities exchange. • Mayor Randels reported that the Environmentally Endangered Lands Committee sought an appraisal on the Thousand Islands in Cocoa Beach. • Mayor Randels reported that New Jersey has a new slogan, "Come See For Yourself" instead of"You Got a Problem With That." ADJOURNMENT: ' > •C: c,c.\,4%.‘CRate...—QkSIL Rocky Randels, MAYOR f . , Susan Sti-s, C CLERK Cor 3