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HomeMy WebLinkAboutMinutes 07-19-2005 RegularCITY COUNCIL. REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, cape Canaveral, Florida TUESDAY July 19, 2005 7:00 PM MINUTES CALL TO OR D R: The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Mayor Pro Tern Council Member Council Member Mayor �- Others Present: City Manager City Attorney City Clerk Public Works Director City Planner CONSENT AGENDA: Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Ed Gardulski Todd Peetz 1. City council Regular Meeting Minutes of June 21, 2005 2, Bray, Beck and Koetter One -Year Renewal of Audit Services, 3. Proclamation in Recognition of the Annual National Night out. 4. Approval of a Special outdoor Entertainment Permit Application for the National Night out. Mayor Randels asked if any Council Member, staff or interested party requested to remove any of the Consent Agenda Items for [discussion. No request was made to remove any of the items for discussion. City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2005 Page 2 of 9 A motion was made by Mayor Pro Tem Hoag and seconded by Mr. Bruns to Approve Consent Agenda Items I through 4. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. Mr. Ed Beck expressed his thanks to the Council for the opportunity to provide auditing services for another year. CONSIDERATIONS: 5. Motion to Approve: Voting Delegate to the Florida League of cities Annual Conference August 18 -- 20, 20058 Mayor Randels explained that the Voting Delegate would represent the City on League issues during the Annual Conference in August. A motion was mane by Mr. Petsos and seconded by Mr. Morgan to Approve Mayor Pro Tem Bob Hoog as the Voting Delegate to the Florida League of cities Annual Conference from August 18 — 20, 2005. The Grote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr, Morgan, For, Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Center Street Landscaping Plan. Mr. Ed Gardulski explained that this project began as one that the Building official worked on during the construction of the Solana on the River development. He stated first that the sidewalk orientation plans changed due to the baffle box location and he submitted the changed plans to Council. Mr. Gardulski stated secondly that the contract in the packet was not signed by all parties. He noted under Item 3.3, "a separate zone branched off the reclaimed line." He also noted that the contract should state that the City would maintain the area. Mayor Randels clarified that the City signed off; however changes were made in the interim. He clarified further that this agreement was for equipment storage while staging construction to result in the developer providing landscape for a public park. Mr. Petsos expressed that he could not approve the Agreement unless parking spaces were provided. Mr. Gardulski replied to Mr. Morgan that the right -of -way is 50 -feet. He suggested bumper stops for a drive up. Mr. Gardulski stated that the Agreement did not call for parking; however, the City could develop the park at its discretion. Council members expressed the desire to establish parking at the Center Street Park. Mr. Gardulski stated that the Beautification Board desired to have an entrance sign to read, "City of Cape Canaveral, Center Street Park. City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2005 Page 3of9 Mayor Randels stated that as one of the City's criteria for site plans the City agreed that the level of service is for 2 acres of park land per 1,000 people. There are 24 acres of existing park land. Mr. Todd Peetz, City Planner, affirmed that the City's Comprehensive Plan called for 2 acres per 1,000 people. Mr. Boucher recommended council's approval of the Agreement subject to installation of four parking spaces, one of them for Handicap Parking, for the center Street Park. Mr. Ray Osborne asked if this parking lot would make way for new development. Mayor Randels replied that the development has already occurred and explained that the developer used the park to stage construction and as a result the developer would provide landscaping for a public park. Mr. Bill Patrick, of Benko Construction, stated that Benko Construction proposed the public park concept, the original drawing came from their landscape architect and the park was never intended for the condominium residents only. Mr. Osborne asked if landscaping would involve any pesticides or runoff into the Banana River and if any swales were installed to prevent runoff. Mayor Randels explained that a baffle box was installed to collect the stormwater runoff, floatables and sediment. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Center Street Landscape Plan to Include Four Parking Spaces Total with one Handicap Parking Spaces and a sign. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr, Morgan, For, Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Appointment of a School Impact Fee Advisory Committee Representative, Mayor Randels explained that the County and the School Board are requesting a representative to participate on a Committee on impact Fees collected that affect their school district. Mayor Pro Tem Hoog nominated Mr. Buzz Petsos as the City's Representative. Mr. Petsos expressed an interest to serve. Mr. Boucher informed from his experience the Impact Fee Advisory Committee meetings would be held on an as- needed basis. A motion was made by Mayor Pro Term Hoog and seconded by Mr. Bruns to Approve the Appointment of Mr. Buzz Petsos as the Representative to the School Impact Fee Advisory committee. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. 8. Motion to Approve: Final Site Plan for Casa Bonita, 103 Washington Avenue --, dames E. Morgan, All Shores construction & Development Inc., Applicant. Mr. Morgan reported that he completed a Conflict of Interest form with the City Clerk. ~ Mayor Randels clarified the project location as the southeast corner of Washington City of Cape Canaveral, Florida City council Regular Meeting July 19, 2005 Page 4 of 9 Avenue. Mayor Pro Tern Hoog noted a transposition error between the proposed and permitted number of units in that the permitted number of units was actually five and not four. Mayor Randels noted that the project met with all requirements to include park land, parking, wastewater treatment capacity and potable water. Mr. Ray Osbome asked if the figures for this project are compiled after the Solana on the River project. Mayor Randels explained that when a Building Permit is issued the capacity is subtracted and whatever is left is the remaining available capacity. Mr. Osbome asked about the pipes coming on line at this time without occupancy. Mayor Randels replied that there are no actual figures for unoccupied buildings the data is based on projected usage. Mr. Osborne stated that a major condominium project would put a strain on the public services. Mr. Morgan replied that as the permits are issued, that capacity is deducted. He explained that for those projects in question, the permits were issued over one year ago. Mayor Randels said that another development item is solid waste which is adequate and the County did not see any deficiency in solid waste disposal, environmental studies and soil samples were performed and no known wetlands were found, flood plains endangered species were checked, there were no historical and architectural resources on this site, the population projection and trends were also studied. The average number of units in this development would have 2.37 persons per unit or nine to ten people and would not adversely affect the City's population projection. All organizations involved in the development are required to sign off. If any of the requirements were not met, a moratorium would be placed on development until that one problem is corrected. Mr. Osborne stated he spoke to Cr. Ross McCluney who provided the following quote "If all the city and County Comprehensive Plans were built out to the maximum permitted in Florida it would mean a population of 101 million people, according to a University of Florida study. Right now we have 17 million people and the amount that we can sustain according to earth scientists is from six to seven million people, especially as we run out of fossil fuels. Mayor Randels concluded that the Comprehensive Plan provides a guideline and many authorized parties review development requirements. Mr. Osborne said that in light of the upcoming review of the Comprehensive Plan he had hoped that the City could slow down development until that time. Mr. Petsos stated that the City meets most of its concurrency issues; unlike the Port who is allowed to develop without requirements. Mayor Pro Tem Hoog encouraged Mr. Osborne to seek out his State legislator. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Final Site Plan for Casa Bonita, 103 Washington Avenue -- James E. Morgan, All Shores Construction & Development Inc., Applicant. The vote on the motion carried 4-4 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr, Morgan, Abstain, Mr. Petsos, For and Mayor Randels, For. City of cape Canaveral, Florida City council Regular Meeting July 19, 2005 Page 5 of 9 ORDINANCES: First Public Hearin 9. Motion to Approve: ordinance No. 13 -2005; Amending chapter 50-4, Overnight camping Prohibited, at first reading. Mayor Randels read the Whereas Clauses within the ordinance. Mayor Randels read ordinance No. 13 -2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGULATING SLEEPING AND CAMPING UPON PUBLIC STREETS AND SIDEWALKS, BEACH END STREETS, BEACH DUNE CROSSOVERS, BEACHES AND PARKS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATIONS INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels stated that if any person is found camping or steeping on public property under paragraph (f), Enforcement and Penalties, "if a law enforcement officer or other official encounters a person engaged in an activity prohibited by this section and that person volunteers that he or she has no home or permanent shelter, that person must be given an opportunity to enter a homeless shelter or similar facility, if available. Mayor Randels said that the council encouraged law enforcement to transport these individuals. Mayor Randels read that the ordinance applies to private undeveloped property as well. Lt. Alan Moros, Canaveral Precinct, replied to Mayor Pro Tem Hoog's question that the closest place to transport an individual is the cedar Mission in the city of Melbourne just north of U.S. 1 on State Road 192. He said that an officer in this situation would contact the South Precinct to assist with transport. Lt. Maros noted that the Avon -by- the -Sea area had an ordinance to prohibit sleeping on the beach. Mayor Randels informed that the county has an ordinance that states that it is unlawful for anyone to sleep or camp on the beach between the hours of 10 P.M. and 5 A.M. If that person refuses transport, then an arrest would occur. Lt. Moros replied to Mayor Pro Tem Hoog that the need for transport has been minimal saying that most transients are cooperative with law enforcement. Mayor Randels stated that aggressive construction has created opportunities for day workers looking for places to take cover. Mayor Pro Tem Hoog pointed out that he desired to review this issue during the comprehensive Plan review. He desired to relocate this type of usage. Discussion opened on Occupational Licensing and permitted usage in C -1 Zoning. Mr. Boucher stated that Ken Small of the Florida League of Cities affirmed that Occupational Licenses are a tax and not a regulatory function. Mayor Randels summarized that at Some time the procedure might need a change for Occupational Licensing to come to the Building Department first to check if the zoning is permissible. Discussion concluded that the council preferred a site specific location for some occupations. City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2005 Page 6 of 9 Mr. Petsos expressed concern with the whereas that states "Whereas the city finds that the City is substantially dependent on tourism." He said that the City's mission is a residential, tree -lined community and he did not find it substantially dependant on tourism. Mayor Randels asked if whereas could be stricken and would it weaken the ordinance. Attorney Garganese affirmed that the language on tourism could be stricken. He stated that there is one legitimate government purpose that would help enforce the ordinance if challenged. Mayor Randels summarized that the clause would read, Whereas the city Council finds that the city's well -being is substantially dependant upon a high quality of outdoor life for its residents and visitors which in turn, is dependent upon maintaining attractive and inviting beaches and parks. Mr. Petsos also referred to Page 3 of 5 in the ordinance that prohibits sleeping on public beaches but not private. Lt. Moros expressed concern with private beaches and undeveloped lots. He stated that undeveloped lots are regulated under trespass laws and this person is being permitted to go to a homeless shelter. U. Moros stated that a person should have expressed permission of the owner to stay on their property. Attorney Garganese stated that subparagraph (f) could be amended to address this point and that the requirements to sleep, eat or habitate on unimproved land would require a safe structure. Mr. Ray Osborne inquired about spring Breakers who might sleep or camp out on the beach. Mayor Randels replied that this ordinance would prohibit such activity for any person for the safety and well being of residents. Attorney Garganese replied to Mr. Petsos that he would add a finding to address private beaches. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Approve ordinance No. 11 Amending chapter 50-4, overnight camping Prohibited, at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. REPORTS: City Manager • Mr. Boucher inquired if the council was ready for a workshop for the new facility. Council agreed to change the Budget Workshop Meeting to Thursday, July 25th at 4:00 P.M. and continue into the Facilities Plan Meeting at 5:30 P.M. • Mr. Boucher informed that he reviewed the Mermaid Key mixed use project. He did not recommend approval at this time. Mr. Boucher stated that Administrative Rule 9J5 requires that the developer specify the density and intensity of the uses. The developer drafts calls for alternative percentages of use. Mayor Pro Tem Hoog expressed that the developer needs to comply with the requirements and said that he is becoming disinterested in the project. Mr. Bruns questioned why the Council has to make a Comprehensive Plan change based on Mr. Greene's application. Attorney Garganese stated that the developer's application is deficient and has not met the requirements of law for a mixed use district. The developer is requesting a text amendment to the Comprehensive Plan to which the council has legislative City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2005 Page 7 of 9 discretion. Attorney Garganese recommended that the application can return to the Local Planning Agency for discussion. Mr. Peetz stated that he had not worked with the developer in over a year. Mr. Boucher stated Mr. Greene has not designated which type of mixed use he plans to develop. Mr. Boucher stated that he is in favor of the city's existing Residential Planned Urban Development and if the developer desires a Commercial component to make that intent known. Mr. Todd Peetz stated that the R -3 residential portion is currently 7.5 acres and the Commercial Zoning is .25 acre; however, the developer has since reversed the original plan. council stated that the developer needs to decide specifically what he intends to build and to present that decision through the City board channels. Attorney Garganese stated that the developer desired to have the Comprehensive Plan policy changed prior to presenting his intent. He affirmed that the Council has the legislative discretion to make a decision. Attorney Garganese stated that the developer has not agreed with the city as yet on the definition of a mixed use. Mr. Boucher questioned if the council really desired a mixed use development in the City. The city Manager will notify the developer of the deficiencies under Administrative Rule 9J5. Attorney Garganese stated that the City council should set the City vision, not the developer. Mr. Donald Dunn stated that the Planning and Zoning Board recommended a Development Agreement that would specify the developer's intent. Mr. Boucher stated that the intent had to first proceed to the Florida Department of Community Affairs prior to working on the specifics of the plan. A question followed on the proposed direct competition with established businesses that are within regulation. Mr. Osborne asked if this project were high or low density. Mayor Randels responded that the residents decided by election on a maximum density of 15 units per acre that would not change. ■ Mr. Boucher informed of a letter from Florida Power and Light IFPQ regarding the new feeder lines. He stated that the City's intent is superseded by the Public Service Commission [PSC]. Mr. Morgan inquired how FPL under a Franchise Agreement is exempt from abiding by the City's laws. Attorney Garganese explained that the PSC regulates public electric companies through a tariff, under Florida Law and that law pre -empts how those lines are installed. He explained further that the cost of placing the lines underground is not included in the tariff. Mr. Boucher stated that the coat of the West central Blvd. project is $40,000 plus tariff. Attorney Garganese stated that if the council had an opportunity to approve an upcoming development, the cost for underground utility lines could be included. A resident stated that this might be proposed for the Cabo Verde project. Mayor Randels explained that the intent is to place the utility lines underground going up to the project. He replied to Mr. Osborne that although he was not an electrical expert, moisture, expense, and the location of repair might be disadvantages to the City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2005 Page 8 of 9 underground lines. The City Manager would release the permits on this section. • Mr. Boucher encouraged Council to read the quarterly Reports. • Mr. Boucher informed that the county attempted to add additional requirements to voluntary annexations. He explained that mainland communities expressed concern and hoped to obtain Joint Planning Agreements with the County. • Mr. Boucher informed that city Attorney Anthony Garganese was nominated City Attorney of the Year by the City of Winter Springs and City of Cocoa. Council concurred with the nomination. • Mr. Boucher reported on the upcoming School Board meeting for the new playground at Cape View Elementary School. Mr. Boucher reported that work began on the Banana River Park. Mr. Boucher asked if any Council member desired to attend the Annual League of Cities conference and that they should contact his office for registration. Z. Staff Public Works Director Ed Gardulski informed that he and the City Clerk attended a meeting at the School Board building in order to gain collaboration among the Municipalities, County Transportation and the School Board on School crossing Guard program issues. City Planner • Mr. Todd Peetz reported on the draft of the GIS parcels map and the draft of the Luke Transporation Study recommendations for a policy change. City clerk ■ Ms. Stills distributed the Zoos General Election calendar. • Ms. Stills informed that Cpl. Brenda deans would be an asset in helping to educate the children on some the aspects of the School Crossing Guard program such as Bike Helmet information and safe crossing. City Attorney 0 Attorney Garganese announced that he is a speaker at the Florida Municipal Attorney's Conference this week and at the Legislative conference in August in Orlando on the topic of Charter Counties removing municipal authority in annexation and Comprehensive Planning, also on the distinction between Charter and Non - Charter Counties. AUDIENCE To BE HEARD: • Mr. Leo Nicholas asked if there were a policy in the Waste Management Contract on deodorizing and sanitizing the durnpsters, The City Manger's office will contact �._ Waste Management. City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2005 Page 9 of 9 Mr. Chic Demorall, owner of Funntasia, expressed that of all places he has been he found city staff is diligent in occupational License and building control. Mr. Ray Osborne requested a workshop meeting to address residential development. Mr. Peetz stated that the upcoming Evaluation and Appraisal Report would solicit resident input as part of the process. 3. city council Mr. Bruns • Mr. Bruns commended staff on the city's fiscal responsibility and the work done on the Budget. Mr. Petsos • Mr. Petsos also commended the staff for their work on the Budget. • Mr. Petsos spoke on funding from the County. Mr. Petsos requested to review a breakdown of how the funds from Cape Canaveral are expended. • Mr. Petsos inquired if there were any interest in the City to adopt an ordinance to not take eminent domain possession of property for the purposes of economic gain. Attorney varganese explained that this legislation would allow for a City to take possession of private property for economic redevelopment to include turning the property over to a developer. Attorney varganese will draft an ordinance. Mr. Morgan ■ Mr. Morgan commended staff on the Budget. Mayor Pro Tern Hoog • Mayor Pro Tem Hoog reported that the Space Coast League of Cities Growth Management committee did not have time to properly address the annexation issue, • Mayor Pro Tern Hoog expressed a strong concern for more cities to participate on the Brevard County Metropolitan Planning organization. He requested to share a seat with another City. ■ Mayor Pro Tern Hoog commended Mr. Boucher for his work on the Budget and nominated him for City Manager and also th City Clerk for an Award of the Year by the Florida League of Cities, Staff will locate the necessary nomination forms. ADJOURNMENT: There being no fulther business, the Chair adjourned the meeting at 9:30 P.M. N ' : Rocky Randels, MAYOR JA _�. Susan ti Is, CITY CLERK 4 !` � a AS I NAME-1- 1KZ5 ! 1 NAMt- M1UULt NAMt WHO MUST FILE FORM 813 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 filing 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 parent 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 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 fling 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 the minutes. (Continued on 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�__�_ (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 special gain or loss o€ whom I am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of 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: ._, by which Date Filed nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MADE 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. 112000 PAGE 2