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HomeMy WebLinkAboutMinutes 02-21-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I Polk Avenue, cape Canaveral, Florida TUESDAY February 21, 2008 7 :00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Members Absent: Council Member Jim Morgan Council Member Leo !Nicholas Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director Bennett Boucher Anthony varganese Susan Stills Andrea Bowers Todd Morley Ed vardulski Mr. Petsos expressed concern discussing Items No. 8, 9 10 and 12 without a full Council present. Mayor Pro Tern Hoog replied that he was open to hear discussion from the people involved and stated that the decision to be heard would be left up to the applicants. Mayor Randels stated that he would like to hear the items; however, discussion was up to the applicants. Attorney varganese stated that Items 8 and 9 needed three votes of a full City council to take action. A vote of 2 -1 would fail. He explained that under the city Charter three affirming votes were needed. Mayor Randels stated that the next City Council meeting is scheduled for March 7 Mr. Johanson, Jr. asked for a few moments to discuss this matter with his partners. Mayor Randels suggested hearing Discussion Item No. 12 at this time. Mayor Pro Tern Hoog requested to continue the meeting with the Consent Agenda prior to addressing Item No. 12. City of Cape Canaveral, Florida City council regular Meeting February 21, 2006 Page 2 of 10 PRESENTATION: Certificate of Completion of the Institute for Elected Municipal Officials to Mayor Rocky Randels CONSENT AGENDA: 'l. City council Regular Meeting Minutes of February 7, 200601 2. outdoor Permit for the Walk for Bibles, Sponsored by the Brevard Baptist Association. 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 an item for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve consent Agenda Items No, 'I and 20 The vote on the motion carried 3 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 12. consideration of an Offer to sell the city Lot 3 (Harbor Heights West Subdivision), by John .Johanson representing Triple J investments, LLC. Mr. Boucher stated that the Council received a letter from Triple J, LLC to sell the property to the city in an amount of $340,000. The Board of Adjustment decided to postpone their decision on the Special Exception upon the applicant selling the property to the City. The Planning and Zoning Board would hear the request at a meeting on March 13, 2005. Council discussed the difference between the asking price and an appraisal figure. Mr. Boucher replied that he would recheck the pricing. He asked the City Attorney if he needed to obtain an appraisal on the subject property since a comparative analysis was already obtained during research for a nearby property. Attorney Garganese stated that the comparative analysis appeared to provide sufficient information for the City council to proceed. Mr. Petsos requested to have the Recreation Director provide opinion on the property. Mayor Pro Tern Hoog expressed that the city appeared to be seeking a property purchase to pacify a disagreement between residents and the property owner. He restated his view that Special Exceptions pose an overall problem for the city. He asked the city Attorney if this could set a precedent. Attomey Garganese replied that in some aspects this could set �- a precedent; however, the property owner is entitled to develop within the C -1 zoning. He City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 3 of 10 stated that this would be a discretionary action for the Council. This action would not be uncommon for a municipality. Attorney Garganese replied that purchasing the property for a public purpose is legally defensible. He stated that additional factors are laid out within the Triple J letter that included subsequent costs to the property owners. Mayor Pro Tern Hoog questioned the City buying the property in excess of the appraisal. Attorney Garganese replied that in this case the property owner made certain expenditures to develop the property and it was not unreasonable on either party's part to ask for the additional cost or to pay those costs. Attorney Garganese explained that the option to purchase came about due to the newly enacted legislative requirements. Mr. Petsos expressed this as an opportunity to purchase property that the Council desired to buy in that section of the City for many years. Mayor Pro Tern Hoog pointed out that the purchase was not initially to buy a park, but to settle a dispute. He questioned the source of funding. Mr. Boucher informed that a loan, impact fees or public grants could be secured to make the purchase. The asking price was well above the appraisal. Mr. Johanson, Jr. stated that the closing date on the letter was extended for an additional week. Mayor Randels explained that there is a piece of property on which the developer chose to build town homes in C -1 zoning. He stated that the nearby residents do not desire town homes or commercial zoning. Mr. Boucher replied that no action could be taken until the -� following City Council meeting. Mayor Randels stated that the Council would need to obtain a fair appraisal. He stated further that the Council had desired to purchase land for parks; however, the City needed to establish the usefulness of a park in the area. Mr. Lamar Russell, 376 Harbor Drive, stated that Special Exceptions were the source of the problem. He stated further that eliminating Special Exceptions in R -1 and C -1 zoning would avoid future problems. Mr. Russell stated that the Council's job was to solve problems for the public welfare. He expressed that the public welfare was better served by omitting commercial and multi- family property in the midst of residential zoning. He requested that the Council explore the options and expend money in the interest of public welfare. Ms. Judy Lau, 211 coral Drive, stated that she performed research through the County Clerk of Court's records and found out that since 1 969 there was contentious litigation between the former property owner and the City. The former owner was told according to Brevard County Case No. 96- 2429 -CA -F that the property was turned over to the City for a swimming pool. The plaintiff attempted to gain a release of the City's claim in order to re- plat his property. One of the Plaintiff's counts was for Inverse Condemnation action. The Motion for summary Judgment stated that the Plaintiff knew that his legal rights were invaded. The plaintiff was never able to build a house on Lot 1. The property ultimately went to foreclosure and the plaintiff subsequently paid the City for Attorney's costs. Ms. Lau requested that the Council purchase the lot to make it conforming use for the -� neighborhood and to compensate the gentleman for his time and money. The subject property has been before the Council since 1989 over the denial of a use for the property City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 4 of 10 as R -1 zoning. Mayor Randels asked how the Council would determine a fair price. Ms. Lau replied that the City should take a number between the sale and the asking price. Mayor Pro Tem Hoog pointed out that the property was purchased for $260,000 and the asking price is $340,000 leaving the City to pay the difference. He also pointed out that the property is zoned commercial and special exceptions allow for multi - family in residential areas. Ms. Lau stated that she did not think it a fair comparison between an R -1 neighborhood and the growth of new multi - family dwellings. She stated that the Special Exception would change the face of a low - density, residential neighborhood. She expressed the need for a correction to the mistakes and lax practices from previous actions. Mr. Petsos requested to have staff pursue the property purchase. Ms. Shannon Roberts, 703 Solana Shores Drive, requested to seek strategic planning in the investment of recreational space. She stated her uncertainty in purchasing park property in that area and said that the City needed to fully explore a park acquisition. Mayor Randels replied that council would direct staff to gain input prior to a purchase. Mr. Joe Ross, a former city resident and co -owner of 227 Harbor Drive stated that the Council appeared to be seeking a win win. He read from research in the City code of what C -1 zoning was defined to accomplish. He stated for some reason the City has zoned this property commercial. The property was given a Special Exception from C -1 to R -2 zoning. -� Mr. Ross expressed that the property purchase would be a gain for the City and the residents. Mayor Randels pointed out that the nearby residents appeared amenable to building a single-family residence. Ms. Marie Sivickis stated that minimal property existed in the City for additional growth. She used a family based analogy and concluded Special Exceptions were based on what is right for that moment. She noted that keeping the public's best interest in mind was better served for the people. Mayor Pro Tem Hoog replied that the Council has no control over the city's growth. Growth Issues are problems addressed with recommendation from the Planning and Zoning Board and the Board of Adjustment. Mr. John Johansen stated that the owners would come before the Planning and Zoning Board on March 13 Mr. Boucher outlined that the Recreation Director evaluate the site in order to avoid the problem of a park in the middle of a residential neighborhood. Public input was needed. He would also gain an appraisal. Mayor Randels concluded that the city Manager would seek to g ain an appraisal prior to the city council meeting on March 7 8. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Town homes, Sea shell Lane, Harbor Heights. Mayor Randels explained that this item was tabled from the City council meeting on February 7 th at the applicant's request. The applicant stated that he was exempt from the tree ordinance. He stated that an applicant must have city Council approval to remove a specimen tree over 24 inches in diameter breast height. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 5 of 10 reviewed the timeline as follows: February 1, 2005 a 00 -day moratorium was passed on land clearing permits in order to develop the tree ordinance, tree ordinance was passed on April 19, 2005, and the property was closed on March 29, 2005. Mr. James Morgan, Jr. noted the specimen tree location on the Site Plan. Mayor Randels read from Section 102-43 in the City code that outlines the requirements for specimen tree removal. Mr. Morgan, Jr. stated that the 48 -inch tree was dead center on the lot and relocating the trees was questionable. He pointed out that the need for an arborist was irrelevant since the trees could not reasonably be moved. Mr. Morgan, Jr. informed that the city code did not require an arborist. He related that he was amenable to mitigation. Mr. Boucher replied that the City Attorney's opinion found that he would need to mitigate at 28 new trees or to place $8,000 into the tree bank. Mr. Morgan, Jr. stated the firm has followed all of the City's requirements for Special Exception and Site Plans and has also louvered the project's density to accommodate the neighborhood. The two specimen trees appeared to create the problem; however, he was amenable to mitigation. Mr. Petsos asked the City Attorney what constitutes a hardship. Attorney Garganese replied that a hardship is a standard that the Council would establish on a case -by -case basis. Attorney Garganese stated that the intent of the standard was to allow the Council to make a determination to avoid a taking and the entire lot would be taken into consideration to make a decision on mitigation. Mr. Morgan, Jr. expressed that an economic hardship was created in lowering the number of units developed. Discussion ensued on shifting the construction in order to save one of the two specimen trees. Attorney Garganese explained that the council had the option to explore the most feasible option within the tree ordinance. Mayor Randels summarized that in January the City Council issued a moratorium in order to address the concerns and to provide provision for land clearing. Any person who had a formal application submitted 80 -days prior to the moratorium was exempt. He stated there was enough public knowledge prior to passing the ordinance. The City Attorney provided a verbal opinion and stated that the applicant is subject to the tree ordinance. Mayor Randels stated that he did not see a hardship. Mr. Morgan, Jr. stated he sought due process and expended much for the project. He stated that this is the optimal way to develop the property. Mr. Morgan, Jr. stated that all requirements were met aside from obtaining an arborist. He restated that he was amenable to mitigating for the specimen trees. Mayor Pro Tern Hoog stated Mr. Morgan, Jr. followed the Code requirements and the council's position was to uphold the ordinances. Mr. Petsos replied that he did not see any extraordinary circumstances or hardships. He could not approve the project without input from an arborist. Mayor Pro Tern Hoog suggested that Mr. Morgan, Jr. get expert advice from an arborist. -- Mayor Randels replied to Mr. Ross that the intent of the ordinance was to save any possible trees. Mayor Pro Tern Hoog replied to Ms. Lau that the city could not deny a City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 .�- Page 6 of 10 developer the right to build on a purchased property. Attorney Garganese stated that the ordinance reads that a specimen tree could be removed if an applicant presents a case and submits evidence to justify removal. Council requested an arborist and the knowledge of what trees the developer plans to provide during mitigation. Attorney Garganese recommended that the developer use the flexibility within the ordinance to gain approval for the specimen tree removal. SITE PLANS: 9. Motion to Approve: Sea Shell Cay Town homes, James Morgan, Applicant. Four (4) Residential Units Located on sea shell Lane, Harbor Heights. This item will be addressed at the next Regular City Council Meeting. CONSIDERATIONS: 3. Motion to Approve: Two-Year Agreement with Brevard County for Lifeguard Services. Mayor Randels stated that the County has noted that in 2007 the City will pay half the cost of the services agreement. Mr. Petsos requested a cost breakdown for 2007. Ms. Shannon Roberts expressed the need for a line item breakdown of expenses. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve a Two�Year Agreement with Brevard County for Lifeguard services. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tom Haag, For; Mr. Petsos, For and Mayor Randels, For. 4. Motion to Approve: Cooperative Purchase of sanitary sewer and Manhole Lining in the Amount of $100,433. Mayor Randels explained that the City would seek a cooperative purchase with the City of North Miami Beach for this project. This project would address the sewer drain systems and every year $125,000 is budgeted to maintain the lines. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos to Approve the Cooperative Purchase of sanitary sewer and Manhole Lining in the Amount of $1 00,433. The vote on the motion carried 3 - 0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending December 31, 20060 The City Treasurer stated that the City is still two percent above collections. She informed the City is charged by the hour for criminal prosecution and Fines and Forfeitures are still City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 7 of 10 lagging; however, she has not yet heard from the county Finance office. Mayor Randels noted that funds were transferred between accounts in the Sewer Enterprise Fund in order to maintain plant operations. Mr. Petsos pointed out that the Sheriff's office is seeking personnel for the 24 -hour, 7-day a week desk operation. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Quarterly Treasurer's Report and Budget Transfers for the Period Ending December 31, 2005. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 8. Motion to Approve: Authorization to Negotiate the Purchase of the Building Located at 8880 N. Atlantic Ave., for a Police Station, Based Upon city Council Making an offer. Mayor Randels described the need for this facility to accommodate the Cape Canaveral precinct. Mr. Petsos expressed two concerns: 1 ] renovation costs and, 2) the affect to the surrounding property owners. Mayor Pro Tern Hoog concurred with the second concern. Council discussion concluded to proceed to make an offer based on an appraisal report. Ms. Joy Gilliland, stated that she and Mr. John Pekar, City Planner, would negotiate with Mr. Boucher. � A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Authorization to Negotiate the Purchase of the Building Located at 8880 N. Atlantic Avenue for a Police Station, Based Upon City Council Making an Offer. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Proposal from Green Blades of central Florida, Inc. for Preliminary Design and Public Participation for the Ridgewood Ave. Streetsca pe Project in the Amount of $9,735. Mr. Gardulski reviewed the costs and the timeline for public input. Mr. Petsos requested to seek residents input prior to proceeding to Public Meetings. Mr. Gardulski stated that $25,000 was budgeted for the project. Mr. Egad Smith, of Greenblades, stated that items reimbursed included the cost of copying the storyboards. Mr. Petsos restated the need for citizen input. Mr. Smith replied that the firm desired to gain citizen input in order to build consensus. City Council agreed on the total fixed amount of $32,700. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to Approve the Proposal from Green Blades of central Florida, Inc. for Preliminary Design and Public Participation for the Ridgewood Avenue S Project in the Full Amount Not to Exceed $32,700. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting February 2 1, 2008 .. Page 8 of 10 SITE PLANS: 10. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant. Mr. Todd Morley, Building Official, reviewed a memo addressing some of his concerns. Mr. Morley stated that the Site Plan before the Council addressed those concerns. He noted that the applicant would correct a problem of subdividing the property though a Unity of Title Agreement. The installation of two concrete barrier walls would ensure that the aggregate would not come within 25 feet of the setback line. Mr. Morley stated that the Site Plan was modified since the Planning and Zoning Board review. Mr. Boucher stated that Mr. Randy May was willing to draft a Development Agreement; however, staff wanted to address the Council's concerns. Mayor Randels asked about aggregate storage east of Marlin Drive. Mr. Morley clarified that storage is located to the west and south of the conveyor. Mr. Petsos stated that concerns existed from the Florida Department of Environmental Protection (FL DEP) and St. John's River Water Management. Mr. Boucher replied that Mr. May had discussion with the FL DEP. Attorney Garganese replied to Mayor Randels that the Development Agreement would coincide with the land. He advised to approve the Development Agreement concurrently with the site plan. Discussion concluded that the vehicle transport was heavy. Mayor Pro Tern Hoog asked if the aggregate is wet when it leaves the ship and when it traverses the conveyor belt. Mr. May replied that it is damp during transport and made wet on location. Mr. May noted that a plan for a barrier was in the development stage. He informed that garages were proposed for the western portion with a barrier to extend up to 20 feet high on the industrial side. The Chair stated to let the record show a unanimous decision to continue discussion for 15 minutes past 10:00 P.M. DISCUSSION: Proposed Countywide Sexual Predator ordinance. Mayor Randels related that this item was submitted from the County Sheriff's Office. The intent was for municipalities to review the County's ordinance and provide input for uniform standards from one city to another. Mayor Pro Tern Hoog and Mr. Petsos agreed. Mr. Petsos also requested that businesses in the service industry also screen their applicants. CONSIDERATION: A d - Item: 13. Motion to Approve: Emergency Medical Services Agreement with Brevard County. A motion was made by Mr. Petsos and seconded by Mayor Randels for --�- Consideration of an Add-on Item to Approve the Emergency Medical Services City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 ,� Page 9 of 10 Agreement with Brevard county. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For and Mayor Randels, For, Mr. Boucher explained that each City receives a portion of the Emergency Medical Services share and this year the City would receive $2,000. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Emergency Medical Services Agreement with Brevard county. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: �. city Manager • Mr. Boucher informed that the Planning and Zoning Board would consider the C -'I to R-2 Moratorium extension for six months. He said that the Council would address this issue at the March 7 meeting. He would schedule another town meeting in mid- March. • Mr. Boucher announced the Sea oats planting on Saturday, February 25 Cherie Down Park at 9 A.M. Refreshments will be served. • Mr. Boucher announced the Professional Arts Show on February 24"' and 25 at the Cape Canaveral Library. • Mr. Boucher reported that the County Commission has authorized their staff to convert the tax assessment to a portion of the ad valorem tax rate for each residential property owner toward Emergency services. 2. Staff Public Works Director • Mr. Gardulski reported on a planned timeline for the Ridgewood Avenue Project" Building Official No report. City Clerk No report. City Attorney No report. AUDIENCE TO BE HEARD: Ms. Shannon Roberts asked if the City received a reply from the Port on its letter. Mr. Boucher replied that Mayor Randels would respond to the inquiry subsequent to the meeting. City of Cape Canaveral, Florida City Council Regular Meeting February 21, 2006 Page 10 of 10 • Mr. Bill Hansen asked about the Magma Trade building. The City Attorney replied that there is a pending Code Enforcement action against the building. 3. City Council No reports were forthcoming. ADJOURNMENT: There being no'fUrtfter,pusiness, the meeting adjourned at 10:20 P.M. C)e-AA Rocky Randels,MAYOR Fr Susan S CI C ER