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HomeMy WebLinkAboutMinutes 02-07-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 7, 2006 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 Jim Morgan Council Member Leo Nicholas Council Member Buzz Petsos Council Members Absent: Mayor Rocky Randels Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Public Works Director Ed Gardulski CONSENT AGENDA 1. City Council Regular Meeting Minutes of January 17, 2006. 2. Resolution No. 2006 -06; Appointing an Alternate Member to the Planning and Zoning Board (John Johanson). 3. Cooperative Purchase of a Caterpillar 416D Back -Hoe Loader in the Amount of $52,418. 4. Outdoor Entertainment Permit for the Brevard County Traveling Skate Park. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 2 of 9 Mayor Pro Tern Hoog 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 item for discussion. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. CONSIDERATIONS: 5. Motion to Approve: Interlocal Agreement with the City of Cocoa Beach to Share a Brevard County Metropolitan Planning Organization Seat Council discussion clarified that this item was one of their expressed goals. Mayor Pro Tern Hoog stated that the City of Cape Canaveral would occupy the seat in the years 2006, 2009 and 2011. A nomination for the seat would occur after approval from the Planning Organization. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Interlocal Agreement with the City of Cocoa Beach to Share a Brevard County Metropolitan Planning Organization Seat The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. 6. Motion to Approve: Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673(AFL -CIO). Mayor Pro Tern Hoog clarified that Union members agreed to the 3 percent Cost of Living Allowance effective October 1, 2005 and a matching Pension contribution of up to 3 percent by the City and the employee. Mr. Boucher explained that Ms. Stills worked with the Union in negotiations to obtain pre - approval from Council. This would effect a smooth transition at the time of the Pension Amendment adoption in the 2006/ 2007 Budget. Mr. Boucher replied to Mr. Nicholas that the cost to the City for its share of the matching contribution was approximately $20,000. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 3 of 9 7. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. Mr. Morgan disclosed that he was unable to vote on the item and due to the lack of a quorum for voting purposes he requested to remove the item from the Agenda. Mr. Boucher pointed out that this item related to Item No. 9. Mayor Pro Tern Hoog clarified that the Motion to Postpone would include both Item Nos. 7 and 9 to the next City Council Agenda. Mr. Morgan stated that Federal Constitutional Law sets the standard for Municipal Law and he referenced Vested Rights in Black's Law and a Supreme Court decision on the changing of a zoning ordinance referenced in Mr. Russell's book, Lessons Learned in Planning and Zoning. Mr. Morgan referred to research from a Supreme Court decision that says, "one who plans to use his property in accordance with its existing zoning regulations is entitled to assume that such regulations will not be altered to his detriment unless the change bears a substantial relation to health, morale, welfare, or safety of the public" and none of those exists. Mr. Morgan said that the process started after he spoke with City Staff with regard to purchasing the property for its stated purpose. He believed some form of an estoppel exists under Federal Constitutional law that would protect his rights. Mayor Pro Tern Hoog clarified that the purchase was made in March 2005 and the tree ordinance was passed in January 2005. Mr. Morgan replied that dialogue with the Building Department began prior to the ordinance. Mr. Petsos requested to have the City Attorney review Mr. Morgan's information and he also requested a timeline on when the construction meetings took place. Todd Morley, Building Official, recalled that the language in the moratorium provided for a litmus test of a preliminary meeting that should take place before the moratorium became effective. Mr. Morgan stated that he spoke subsequent to discussion and he stated that certain property rights would be affected by the moratorium. Mr. Morgan replied with the need for public notice prior to taking action with a moratorium. He stated that he would prefer to install healthy trees. The root structure of the existing trees mirrors the canopy and construction could not occur without injuring the tree. Mr. Morley informed that the 80 -foot drip line would hinder construction on that portion of the lot. He asked if Council's decision on this property would affect any subsequent property owner. Mayor Pro Tern Hoog affirmed. Attorney Garganese replied to Mr. Nicholas that Mr. Morgan could file an appeal in the Circuit Court if he were adverse to Council's decision. Mr. Nicholas reminded that the City had sought park land in that section of the City. Mr. Boucher passed an appraisal figure to Mayor Pro Tern Hoog, Mr. Petsos and Mr. Nicholas. Mr. Morgan informed that a year's worth of engineering and planning has occurred on the property. Mr. Morgan stated that he in no way desired to injure City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 4 of 9 the residents in the community. He expressed that with a Special Exception in C -1 zoning he was allowed to build a multi- family dwelling and a residence was not feasible for the amount of money paid for the land. Mr. Petsos requested expert assistance to research and provide documentation on the specimen trees. Mr. Boucher replied that Mr. Morgan's Special Exception was valid until August 2006 and he could extend for an additional year. Mr. Morgan replied to Attorney Garganese that he would be glad to mitigate the specimen trees with healthier trees. Mr. Morgan stated that the ordinance changed during the purchase process. Mayor Pro Tern Hoog said that there were building options within the zoning under Special Exception. Mr. Morgan replied that his right to build under the Special Exception was limited due to the moratorium. Mr. Boucher clarified that under the previous vegetation tree protection ordinance, any portion of the tree within the footprint was exempt from mitigation and under the new code a specimen tree larger than 24- inches called for mitigation of two to one. Attorney Garganese explained that this called for a finding of the Council that a hardship exists. Mr. Boucher stated that the size of tree, the drip line and whether or not construction was feasible should be the focus of discussion with the applicant. Mr. Petsos expressed that a tree surgeon could identify if a hardship exists. Attorney Garganese explained that an arborist could establish for the Council whether or not an extraordinary circumstance or hardship exists. He concluded that the Code provides a due process mechanism when someone makes their case before the Council and Council would set the terms for the conditions under which the tree could be removed. Mr. Boucher asked if the Council desired to make an offer to purchase the property. Council agreed to wait until staff had an opportunity to obtain formal documentation on the existing trees. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Postpone the Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For and Mr. Petsos, For. ORDINANCES: Second Public Hearing 8. Motion to Adopt: Ordinance No. 10 -2005; Adopting a Large Scale Comprehensive Plan Text Amendment, Amending the Coastal Management Element, at second reading. Mayor Pro Tern Hoog read Ordinance No. 10 -2005 by title. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 5 of 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE COASTAL MANAGEMENT ELEMENT TO REQUIRE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVAL FOR NEW DEVELOPMENT EAST OF THE COASTAL CONSTRUCTION CONTROL LINE; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Todd Peetz, City Planner, explained that the amendments allowed for construction east of the Coastal Construction Control Line after storm damage with a permit from the Florida Department of Environmental Protection (DEP). He explained that pools, sheds, and garages constructed on the eastern side of the house would provide more protection to the property. Mr. Peetz informed that the Florida Department of Community Affairs (DCA) requested that the City change the phrase from "in compliance with existing City regulations" to "compliant with City regulations." Mr. Petsos questioned the possibility of damage to older homes and the inability to rebuild as a multi- family structure and he saw this as a taking of land. Mr. Petsos clarified that he was referring to CM 4.3 Sections A, B and C. Mr. Peetz replied that if 2, 5, or ten units per acre were damaged the pre - existing density would apply. Mr. Petsos questioned the density level in re- building. Mr. Peetz clarified that the language states "shall not exceed pre - development." Mr. Peetz explained that the Florida DCA was concerned with maintaining the density. He replied to Council's concern on construction by stating that the focus was on the property east of the Coastal Construction Control Line. Mr. Morgan clarified that any damaged property could only rebuild to the standards of pre- existing codes and he saw this as a taking of land. Mr. Peetz noted that there were few vacant land properties in the City. Mr. Petsos recommended notifying the residents who would be impacted by the ordinance. Mr. Peetz stated that there was no requirement that the City had to adopt the ordinance. Mr. Petsos expressed the amendment as a taking of rights from impacted residents without their knowledge. The Building Official stated his opinion that the amendment appeared more restrictive. Attorney Garganese questioned the intent of Paragraph D. Mr. Peetz explained that the DCA's intent to place the less prominent structures to the west of the Coastal Construction Control Line was to protect the main structure. Attorney Garganese clarified that construction could occur on the western side of the lot. Mr. Boucher questioned Paragraphs A through D and asked if these could return during the Evaluation and Appraisal Report. Mr. Peetz replied that some policy was needed to precede major storm events. Mr. Boucher asked if any other community would follow these construction requirements. Mr. Peetz informed that during the Evaluation and Appraisal Report any application that would add density to the land City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 6 of 9 would meet with DCA's scrutiny. Mr. Boucher brought out that rebuilding could occur to damaged property with a Florida DEP permit. Council affirmed. Mr. Lamar Russell, Harbor Heights, explained that property could be re -built according to the City ordinance with a Florida DEP permit. Mr. Peetz replied that the amendment could be modified and submitted. Discussion followed on removing Paragraphs B and C. Mr. Peetz stated that Council could submit two of the four amendments. Attorney Garganese stated that time incurred on the item's debate reflected the need to postpone action. He concluded to address the item during the formal Evaluation and Appraisal Report process. There was no public comment. Ordinance Faiied for Lack of a Motion. SITE PLANS: 9. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Postpone the Sea Shell Cay Townhomes, James Morgan, Applicant for four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For and Mr. Petsos, For. 10. Motion to Approve: Villa Campania, R.K. Engineering, Applicant. Five (5) Residential Units Located on Holman Road. The City Planner explained that a Special Exception was granted for five residential condominiums. All staff requirements have been met for density and setbacks. Mr. Petsos asked if a trash receptacle would be provided due to the limited space for a solid waste vehicle. Mr. Peetz affirmed. Mr. Gene Parlotto stated that he was not involved in the site plan review; however there was adequate storage for the trash receptacle. Mr. Petsos inquired about completion date. Mr. Parlotto replied about six months following site plan approval. Attorney Garganese replied that he and the Building Official discussed what would happen if the applicant could not complete construction in time to meet the Certificate of Occupancy date. The Building Official stated that the lack of abandonment should set a precedent for obtaining a Certificate of Occupancy. Mr. Lamar Russell stated that binding the permit to the Certificate of Occupancy prohibited incomplete construction. Mr. Russell expressed the need for a sunset on building permits. Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 7 of 9 stated the need for Code revisions and explained that permitted uses are treated differently from Special Exceptions. Mr. Morley explained how the previous City code allowed for incomplete construction. Mr. Roger Coombs of 6315 N. Atlantic Avenue, stated that once a Special Exception is obtained, the time frame to complete a project is limited. Mr. Morgan replied that construction could be applied through phased development in order to meet the required time. Mr. Padotto stated that the owners sought to gain Site Plan approval within the time parameters; however, the process time exceeded their expectations. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Villa Campania, R.K. Engineering, Applicant, for Five (5) Residential Units Located on Holman Road. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For, Mr. Nicholas, For and Mr. Petsos, For. DISCUSSION: 11. North Atlantic Avenue and Central Boulevard Intersection Improvements. Mr. Boucher replied that the City has an Interlocal Agreement with Brevard County for Intersection improvements to North Atlantic Avenue. He replied to Mayor Pro Tern Hoog that additional easements were not forthcoming from the residents for other improvements. Mr. Boucher replied that mast arms would be used on the lighting. He requested an Interlocal Agreement with the County for the George King Blvd. paving project. REPORTS: 1. City Manager • Mr. Boucher distributed the appraisal figure for the Stottler, Stagg and Associates, Inc. building on North Atlantic Avenue. Mr. Boucher asked if the Council was interested in making an offer on the property to Mr. Stottler. Council members affirmed. • Mr. Boucher reported that the Cocoa Beach Commission is seeking assistance to purchase a beachside facility for their community center. Mr. Morgan inquired about a facility in a mid -point location. Mr. Boucher stated that the Cocoa Beach Commission is seeking property tax funding. • Mr. Boucher announced that Code Review would continue on February 21 at 5:00 P.M. • Mr. Boucher reported that Mr. Jeff Ratliff was working on the paver stone project on Center Street. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 8 of 9 • Mr. Boucher distributed a flyer on the City's new Customer Service program. 2. Staff Public Works Director • Mr. Gardulski expressed to have Center Street paved by month's end. Building Official • Mr. Morley informed that Coastal Fuels planned to submit an application for additional storage tanks. City Clerk No report. City Attorney • Attorney Garganese informed that proposed House Bill 949 and Senate Bill 1608 on Municipal Home Rule would ensure that Charter counties do not encroach on municipal home rule. Requests for Resolution would follow. 3. City Council Mr. Nicholas • Mr. Nicholas inquired about the storm drainage system and paving. He asked about the time frame for renovating the City's storm drainage system. Mr. Gardulski replied that the increased cost of asphalt has postponed these projects. Staff planned to identify the laterals from residences in need of repair prior to paving. Mr. Ratliff and a National Emergency Grant worker are identifying the anticipated work. Mr. Nicholas requested a copy of the time line. Mr. Petsos Mr. Petsos asked if a letter was forwarded to Scott Ellis's office on the County's failure to return tax funds to the City. Mr. Boucher affirmed. Mr. Petsos noted culvert preceding the sidewalk installation on the Radisson Resort property. Public Works Director will continue to provide project status. • Mr. Petsos announced a Sea Oats Planting project on February 25�' at 9 A.M. at Cherie Down Park. He requested hot dogs and soft drinks for the volunteers. Mr. Morgan • No report. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 9 of 9 Mayor Pro Tom Hoog Mayor Pro Tern Hoog commended staff on the City's beautification efforts. AUDIENCE TO BE HEARD: There was no public comment. ADJOURNMENT: There being no further business, the meeting adjourned at 9:20 P.M. BOB HOOG, Mayor P66 Tern Susan Sf7s, CLERK