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HomeMy WebLinkAboutMinutes 06-21-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 21, 2005 7:00 PM MINUTES CALL TO ORDER: A meeting of the Cape Canaveral City Council was held on June 21, 2005 beginning at 7 p.m. in the City Hall Annex, 111 Polk Avenue. The recording secretary called the roll. Mayor Randels called for a moment of silence for the passing of Mr. Frank Hoop, one of the City's founders, and asked that all donations be sent to the Cape Canaveral Volunteer Fire Department. ROLL CALL- Council Members Present: Mayor Pro Tern Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Council Member Absent: Council Member Burt Bruns Others Present: City Manager City Attorney Assistant City Clerk Building Official CONSENT AGENDA Bennett Boucher Anthony Garganese Virginia Haas Todd Morley 1. City Council Regular Meeting Minutes of ,dune 7, 20050 Mayor Randels asked if any interested party would like to remove item number one from the consent agenda. There was no request to remove consent agenda item number one. A motion was made by Mr. Morgan and seconded by Mr, Petsos to approve consent agenda item number one. The vote on the motion carved -•o with voting as follows: City of Cape Canaveral, Florida City Council Regular Meeting .dune 21, 2005 Page 2of8 Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 2. Motion to Approve: Interlocal Agreenient with Brevard County Providing for the participation in the Emergency Medical services Facilities Impact Fee Program. Mayor Randels reviewed that impact fees from new homes will be used for capital improvement for emergency medical equipment due to new growth. Each city will have a representative on the board to determine where the impact fees will be spent. Mayor Randels noted the fallowing exemptions: Expansion of existing units, accessory buildings, replacement of existing residemms occupied in the last five years, and government owned buildings. Mr. Boucher stated that funds would be utilized as a warehouse for drugs and additional ambulances. It was noted that Cocoa Beach must now pay all County impact fees which will begin .duly 1, 2005. Mr. Petsos stated that Florida Statutes gives the Comity authority to require impact fee programs, thus the City has no choice in the matter. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to approve the Intedocal Agreenwnt with Brevard Canty providing for participation in the Emergency Medical services Facilities Iffqmct Pee Program. The vote on the motion carried " with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and [Mayor Randels, For. 3. Motion to Approve: Preliminary Re -Plat of Casa Bonita, 103 Washington Avenue -- Nancy Murray, Property Owner. Mr. Morgan announced that he would abstain from voting due to a conflict of interest. Mayor Randels explained that the owner subdivided the lot into four sections for town homes. Mr. Petsos noted that the Planning and Zoning Board had unanimously recommended the preliminary re -plat to the City Council for approval. A notion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to approve the Preliminary Re -Plat of Casa Bonita, 103 Washington avenue. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Morgan, Abstain; Mr. Petsos, For and Mayor Rams, For. 4. Motion to Approve: Canceling or Rescheduling the .duly 5, 2005 Regular City Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2005 Page 3 of 8 Mr. Petsos stated that he would be out of town at the time of the July 5, 2005 C ity Counci Meeting. Mr. Boucher stated that the July 0, 2005 budget meeting would be rescheduled as well. The next regular City Council Meeting will be held on July 19, 2005. A motion was made by Mr. Morgan and seconded by Mayor Pro tern Hoog to cannel the Regular City Council Meeting scheduled for July 5, 2005. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For, Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: Second Re�ng: 5. Motion to Adopt: Ordinance No. 11 -2005; Amending Chapter 110, Providing for Revised and Additional Application and Procedural Requirements for Re- zonings, Variances, Special Exceptions, and Administrative Appeals, Making Conformity Amendments to Chapter 58, at second reading. Mayor Randels read Ordinance No. 11 2005 by title. Mayor Randels explained that the first reading of Ordinance loo. 11 -2005 was June 7, 2005 and concerns a new set of standards and checklists for special exceptions and re- zonings for Chapter 1 10. The Ordinance was duly advertised on June 11, 2005. Mr. Gary Sager, 333 Holman Road, inquired if this Ordinance would make variances more difficult to be approved? Attorney Garganese responded that the ordinance sets procedures, standards and criteria based on case law. Mr. Petsos interjected that the Planning and zoning Board is fairly conservative and the ordinance is good for the community. A motion was made by Mr. Petsos and seconded by Mr. Morgan to adopt ordinance No. '1'1 -2005; Amending Chapter 170, Providing for Revised and Additional Application and Procedural Requdrerrients for Re- zonings, Variances, Special Exceptions and Administrative Appeals Making Conformity Amendments to Chapter 58, at second reading. The vote on the motion carried 4-o with voting as follows: Mayor Pro Tens Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Readir: S. M otion to Approve; ordinance No. 07 -2005; Setting Forth and Adopting a Large Scale Comprehensive Plan Amendment, Referenced as Ls- Cpa -05- 01, Providing for Adoption of an Amendment to the Future Land Use Map by Designating Certain Real Property within the City of Cape Canaveral Containing 5.38 Gross Acres More or Less, and Located Generally along ��- North Atlantic Avenue south of Cape shores Drive and North Of Holman Road, more Particularly and Legally Described herein in Exhibits "A" and City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2005 Page 4of8 1 '13," Attached Hereto and Fully Incorporated herein by this Reference, from "C -1 Low Density Commercial" to "'R -2 Medium Density Residential" or "R. 3 Medium Density Residential "; Providing an Effective Date and Legal Status of the Plan Amendment; Providing for Transmittal of the Plan to the Department of Community Affairs, at first reading. Mayor Randels noted that the applicant withdrew ordinance No. 07-2005% 7. Motion to Approve; ordinance No. 10 -2006; 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, at first reading. Mayor Randels read Ordinance No. 10 -2005 by We. Mayor Randels explained that the City is adding a new policy number 4.3 to the Coastal Management Element that would allow rebuilding of existing projects damaged by hurricanes east of the Construction Control Lire. Mayor Randels continued that the construction should be rebuilt to current regulations and requires approval by the Department of Environmental Protection. Mr. Mo Ladue, Columbia Drive, quested approval for "new development' in the title. Mr. Morley responded that the building Code states that if restoring occurs over 50%, the Department of Environmental Protection must approve new development. Mr. Morgan noted that most of these lots are non - conforming. A motion was nude by Mr. Morgan and seconded by Mayor Pro Tem Hoog to approve ordinance No. 10 -2005; 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 DeparUent of Community Affairs, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro rTem Hoog, For, Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 8. Motion to Approve: ordinance No. 12-2005; Amending Chapter 82 of the City Code Entitled Buildings and Building Regulations, Relating to the Florida Building Code; Providing for Updates dine to Amendments to the Florida Building Code, at first reading. Mayor Randels read ordinance No. 12 --2005 by title. City of Cape Canaveral, Florida City Co unci l Regular M June 21, 2005 Page 5of8 Mr. Morley reported that the 2004 Building code would be adopted concurrent with State requirements and based on International Code with Florida specific provisions. Mr. Morley continued that Assistant Attorney Buak drafted the ordinance with a reference to the International Property Maintenance Code (IPMC). Mr. Morley pointed out that the IPMC rewires property owners to provide maintenance and also addresses tenant/landlord issues. Mr. Morley stated that the City has outgrown the standard housing code and recommends adopting the IPMC. Mr. Morgan stated that the IPMC code should be reviewed to ensure that no conflicts exist with City Ordinances. Attorney Garganese stated the need for some form of property maintenance code on the books. Attorney Garganese clarified that Mr. Morley is recommending striking the 1997 reference to the standard housing code and utilizing the 2003 IPMC code. Mr. Petsos noted that the 1997 code contains many issues not addressed but the IPMC code has added new tools like maintenance for vacant properties. Mr. Morgan requested that ordnance No. 12 -2005 be postponed in order to compare the City code versus the IPMC and review any conflicts. Mr. Jay Osborne, Holman Road, inquired as to which code is better for roofing adhesives and flashing. Mr. Morley responded that the 2001 Florida Building Code would cover these items and copies could be obtained at City Hal There was no motion, no second or roll call regarding Ordinance No. 12 -2005. DISCUSSION: 9. Amending Code section 50-4 Camping Prohibited. Attorney Garganese stated that the City has the right to adopt regulations to prohibit campinglsleeping on public beaches, which can also apply to portions of private beaches. Attorney Garganese questioned how this lair might apply to homeless and transients. He continued that Federal eases say that it is a violation of the a amendment not to alloy homeless persons to sleep on the public beaches and would consider it cruel and inhumane. He noted that the City should attempt to provide adequate shelter and public areas for homeless persons. Mr. Morgan asked if the shelters are advertised. It was noted that the Police could direct them to shelters located at reasonable distances. Mr. Petsos stated that Brevard County has designated areas, and our Police Department should be informed. Attorney Garganese pointed out that sleeping on private property would constitute trespassing. Gail Gault, Holman Road, stated that a homeless person fell out of a tree on her property. The Sheriff was notified and the homeless camp was given 24 hours to —� move. The owner then posted no trespassing signs. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2005 Page 6of8 Mr. Osborne mentioned Northwind Ministries, and noted the author of a homeless book who could offer some ideas to council. Mrs. Judy Hale stated while walking and doing city projects, she hasn't seen many of the homeless people and most have moved out of the area. Council directed staff to inquire into county designated areas and retrieve input from the Sheriffs department on the status of the homeless problem. 10. Setback Encroachment for Pad Mounted Emergency Generators, Mr. Morley stated that current side setback regulations do not permit pads for emergency generators and there is a trend in homeowners purchasing personal generators. Mr. Morgan expressed that he would like to see the Planning and Zoning Board work on screening the units in the side setbacks. Mr. Morley stated that platforms will generally be 5 foot square. Mr. Petsos noted that the Ordinance should state that this exception is for emergency situations only. Mayor Pro Tem Hoog stated that he spoke with Dave Sargeant, who noted that the fire department only needs an access of 2 feet on one side of the house. Mo Ladue pointed out that some homes have the condensing unit and generator located on the same pad. Mr. Morley mentioned regulating noise standards and r the time of day generators are restarted. 11. Florida Power and Light Primal to Install an underground Feeder Tie. Mr. Bill York, Florida Power and Light stated that overhead/underground conversion would cost more due to pad mount switches. Mr. Boucher stated that Code Section 110-482 requires that primary facilities shall be placed underground. Mr. Boucher was unclear why the developer was not paying for the conversion. Mr. York explained that utilities underground result in additional costs. Mr. Morgan asked why Florida Power and Light is exempt from following C ity Codes. Attorney Garganese responded that the Florida Supreme Court defers to the Public Service Commission to compel FP&L to locate power lines underground. Mr. Boucher stated that this is related to new infrastructure in public right of ways. The purpose is to tie two lines together with two risers to feed the underground facilities. Mr. Petsos stated that he believes that this is between the developer and FP &L to install the underground utilities. Mr. Boucher explained that FP &L wants to install replacement upgrades on Thurm Boulevard up to Puerto Del Rio. Mr. Boucher asked the City Council if they desired a proposal from FP &L to install these underground. Council directed staff to investigate the cost of underground services for replacement of old lines, not for new construction. City Council reiterated that they would like to see the proposed developers pay the costs associated with installing the new -�-- underground facilities. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2005 Page 7of8 Ms. Shannon Roberts stated that she enjoys and values the underground facilities and the City should encourage the same value system. Mr_ Petsos read a portion of the franchise agreement stating that FP &L would work with developers to plan underground facilities. AUDIENCE To BE HEARD: Dr. Ross McCluney, 219 Johnson, explained his concern over the growth population in the City of Cape Canaveral. He questioned much sewage and solid waste would be generated and who will pay for any other needed expansions. Dr. McCluney asked what reserves the City will have. Dr. McCluney also mentioned the increased traffic on Al A and expressed seeing a disturbing trend. Dr. McCluney noted that in order to save the quality of life in the City, he is asking Council Members to discontinue rezoning to higher density. Ms. Shannon Roberts inquired abotA fireworks states in the jurisdiction. Mayor Randels replied that the firework stands are located in Brevard County. Ms. Roberts requested an update from senator Hari is and Ran Pritchard regarding a breakdown on money received from the County. Ms. Roberts suggested covered areas for bus stops. Mr. Morgan replied that transients were the main reason for not purchasing �-- overhead coverage for bus stops. Ms. Roberts stated that North Atlantic Avenue at Shorewood Drive and Villages of seaport are very da us intersections due to trucks parking and stopping near or in the road. Mr. Osborne stated he would like Dr. Ross McCluney to be placed on the next City Council Agenda to discuss suggestions for the population growth in Cape Canaveral. Mr. Boucher responded that the City Planner, Todd Peetz, is conducting a G lS Land Use Study at this time. Mrs. Joan McCluney stated that delivery trucks are speeding down Johnson Avenue and voiced concern about the safety of children in the area. REPORTS: 1. City Manager • Mr. Boucher reported on the status of a school resource officer for Capeview. An amendment to the School Resource officer Contract for this year would occur in August. i Mr. Boucher reported that the City could share a Metropolitan Planning Organization seat with Cocoa Beach and he has obtained a copy of the South Beach Transportation Coalition. The City could propose a North Beach Transportation Coalition. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2005 Page8of8 • Mr. Boucher reported that fireworks signs are being advertised on A1A as well as articles in newspaper. • Mr. Boucher reported that the Planning and Zoning Board is working on the vacation rental ordinance and a special exception request for a communication tower on Imperial Boulevard. • Mr. Boucher reported on a meeting with FP&L in Rockledge. FP&L will only take 20 percent of the City's requests. Hospitals, assisted living, nursing homes and police departments are at the top of the list. Mr. Boucher pointed out that Lift station 1 on Washington was added which was swapped out for the police department. • Mr. Boucher reported he is finalizing the draft budget and preparing an analysis on the facilities planning. 2. Staff City Attorney, Anthony Garganese • Attorney Garganese reported proposed changes for the interiocal agreement with Capeview. He noted that the School Board is concerned about the playground impact on school board insurance coverage and feels that the City should pay any difference. He further noted that the School Board and the City will share maintenance and upgrades and the School Board believes the City should provide mhoi security and supervision for the playground property. City Council directed the City Manager to speak with the School Board Superintendent. Ms. Haas reminded Council that financial disclosure reports are due by July 1, 2005. 3. City Council Due to the late hour, no City Council reports were given. ADJOURNMENT: o There being no further tipsiness, the Chair adjourned the meeting at 10:10 .m. y� s` � ok~Q.4(2, g 1 f L Rocky Randels, MAYOR Virgi hia pqs,,A,Atiorit City Clerk WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and fining the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the )arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that t capacity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son-in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in th minutes. (Continue o other side CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on -------------------- ` _- __----- - - - - -- 20 V � (a) A measure came or will come before my agency which (check one) .inured to my special private gain or loss; - inured to the special gain or loss of my business associate, ------------ inured to the special gain or loss of my relative, - _ inured to the speciaf gain or foss whom I am retained; or inured to the special gain or loss of is the the parent organization or subsidiary at a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Z � Date Filed P-3--77 Si --------------------- - --------- , __ -_ ___ by which �y NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.397, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2