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HomeMy WebLinkAboutMinutes 10-18-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 18, 2005 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. Mayor Randels noted that the meeting would follow the Agenda from its Second Revision. ROLL CALL: Council Members Present: Council Member Mayor Pro Tern Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Recreation Director PRESENTATION: Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Nancy Hanson Fall Multi- Family Beautification Award Mayor Randels presented the Fall Mufti - Family Beautification Award plaque to the Kaya's of 355 Polk Avenue. Mayor Randels displayed a photo of the landscape renovation done to the property. Quarterly Business Recognition Award Mayor Randels called on Beth Foy of the Business and Cultural Development Board to present the Quarterly Business Recognition Award to John and Sandy Trudeau of Events to Go. Mr. Trudeau stated that the firm predominately takes school photos from Macon, Georgia to Fort Lauderdale Florida and also prints photos on -site at local events. Mayor City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 2 of 10 Randels explained how the couple refurbished a local building on Buchanan Avenue and created a useful business. Mayor Randels noted that the Chamber of Commerce recognized Events to Go as a Business of the Year for their size firm. Mayor Randels read a Proclamation for National Magic Week and presented it to Mr. Tony Sicaro noted local magician. He informed that Mr. Sicaro has been the announcer at the Cocoa Beach High School football games for many years. Mr. Sicaro stated that he is an amateur magician performing it as a hobby. He performs at local charitable events. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 27, 2005. 2. City Council Regular Meeting Minutes of October 4, 2005. 3. Proclamation for Florida City Government Week. 4. Outdoor Entertainment Permit for the Halloween Street Dance. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. Mr. Ray Osbome asked to remove item No. 2. He questioned Page 4 of the meeting minutes that referred to the property North of Holman Road and South of Cape Shores. He asked if the Comprehensive Plan change amendment for that property was forwarded to the Florida Department of Community Affairs. Mr. Todd Peetz, City Planner, replied that the amendment was a change of land use from C1 to R3 and applicant subsequently withdrew the Comprehensive Plan change request. Mr. Peetz replied that two amendments were forwarded to the Department of Community Affairs from the City. The City forwarded the text amendment referring to the Coastal Management Element to discuss the Coastal Construction Control Line; however, the Mixed -Use District amendment regarding the Mermaid Key property was withdrawn. The Coastal Management Element amendment would allow for construction repair following hurricane damage with a permit from the Florida Department of Environment Protection. Mayor Randels clarified that the Mermaid Key zoning district amendment was applied and approved by the Planning and Zoning Board but then withdrawn. Mayor Pro Tern Hoog called for a correction to the City Council Regular Meeting Minutes of October 4, 2005. He referred to Page 5 referring to a statement from Attorney Kevin Markey regarding the Gould property. Mayor Pro Tern Hoog stated that the street name is 190 Oak Manor Lane and not 190 Oak Park Lane. Mayor Randels stated that the correction would be noted in the approved minutes. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 3 of 10 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 5-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tom Hoog, For, Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 5. Motion to Approve: Offer on Vacant 3.55 Acre Parcel Located on Astronaut Boulevard. Mayor Randels stated that each Council member, with the exception of Mr. Bruns, stopped by the City Manager's Office to review the Appraisal which is not public record at this time. Mr. Boucher stated that the Council would make an offer based on the knowledge gained in the Appraisal. He clarified that the City's offer was public knowledge; however, the appraisal is not. Mr. Morgan stated that reflective of market trends he would propose an offer of $1,500,000 for the 3.55 acres. Mr. Petsos and Mr. Bruns concurred with Mr. Morgan. Mayor Pro Tern Hoog stated that he reviewed both appraisals and found Mr. Morgan's proposed offer fair and the owners either accept or counteroffer. Mr. Petsos clarified that there were two appraisals. Mayor Randels inquired if a written offer was procedural. Attorney Garganese recommended that the Council present a written offer. CW Mr. Ray Osborne asked if the former IBM Building was considered. Mayor Randels affirmed that staff researched all existing buildings and vacant land in the City for available property. Ms. Shannon Roberts questioned how the City of Cocoa Beach planned to purchase land for their future City Hall. Mayor Randels replied that all cities must comply with the same MAI procedures of land purchase for municipalities. Mayor Pro Tern Hoog informed that the property to the west of the City of Cocoa Beach's City Hall is being considered for purchase. Mr. John Jensen thanked the Council for their consideration. A motion was made by Mr. Morgan and seconded by Mr. Bruns to Approve the Offer of $1,500,000 for the Vacant 3.55 Acre Parcel Located on Astronaut Boulevard in the C -1 Zoning District The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearing 6. Motion to Approve: Ordinance No. 19 -2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 11044 (10) Allowing R -2 Resklential within the C -1 Commercial Zoning District Along the Al A Corridor. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 4 of 10 Mayor Randels read Ordinance No. 19 -2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C -1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORONG RESIDENTIAL USES IN THE C4 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CRY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (80) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that he did not see in the ordinance where the moratorium would apply specifically to the SR Al corridor. Council members clarified that North Atlantic Avenue was exempted from the ordinance. Attorney Garganese stated that some clarifying language could be added to the body of the ordinance in Section 1 in the final sentence to include the language, "along the State Road A1A corridor." Mr. Petsos clarified that this ordinance would return to the Planning and Zoning Board for further review. Mr. Richard Thurm, of 256 Coral Drive, asked where the idea of this ordinance originated. Mayor Randels replied that concerns arose when Mr. Martin Greene presented a mixed - use concept of residential zoning in the commercial district of State Road A1A. He replied further that concerns continuously arose subsequent to any Special Exception granted. Mayor Randels related that no further Special Exceptions would be granted for residential use a" the State Road A1A corridor until further review from the Planning and Zoning Board. He clarified that a Special Exception does not designate a Vested Right. Mr. Thurm stated that perhaps the criteria for the Board of Adjustment needed to be reviewed and the Board did not have the right of automatic approval and applications for Special Exceptions were based on merit. Mr. Osborne asked if the location of Mountasia Fun Center on Holman Road was included in the moratorium. Mayor Randels affirmed that if the project were a" the State Road A1A corridor then it was included in the moratorium. Mr. Peetz explained that the Planning and Zoning Board actually approved amendments to the Existing Land Use Map not the Zoning Map. A motion was made by Mr. Bruns and seconded by Mayor Pro Tern Hoog to Approve Ordinance No. 19 -2006; Imposing a Ninety (90) day Moratorium on Special Exceptions, Section 110 -334 (10) Allowing R -2 Residential within the C4 Zoning District Along the A1A Corridor. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tom Hoog, For, Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 5 of 10 7. Motion to Approve: Ordinance No. 20 -2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Funds, Stonrwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005, at First Reading. Mayor Randels read Ordinance No. 20 -2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that items of significant change are included in the quarterly Budget Amendments. Ms. Bowers stated that the City is required by the State to adopt any Budget Amendments by Ordinance to keep in line with the original Budget Adoption ordinance. He questioned why the Sheriffs Department receives $10 per parking ticket? Ms. Bowers explained that the Sheriffs Office received $2 from each parking ticket. The Brevard County Clerk of Courts charged a $10 filing fee per ticket in excess of their other charges. She reported that this reduced the revenues in Law Enforcement activities. Ms. Bowers informed that the Clerk of Courts provides and charges for administrative fees to handle parking tickets. Mr. Boucher reported that the City Treasurer has done well to recover Federal Emergency Management Act funds. A motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Approve Ordinance No. 20- 2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Funds, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending Sep----W30,2005. m The vote on the motion carried "with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATION: 8. Motion to Approve: Use Agreement with the School Board for the Use of the Cape View Elementary Playground. Mayor Randels noted a change to Item No. 4 on Page 7, stating that the School Board requested security for after -hours use. The Contract language was amended to read, "the School Board would not provide security during non - school hours use." Ms. Hanson stated that the School Board must approve all equipment for planned use. Mr. Boucher related that the County Commission was approached first for the authorization on use and the School Board is the next agency in line for approval. A motion was made by Mr. Petsos and seconded by Mayor Pro Torn Hoog to Approve A Use Agreement with the School Board for the Use of the Cape View City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 6 of 10 Elementary Playground. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tom Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher reported that the Public Works Director spoke with the Florida Department of Transportation [DOT] who denied covered bus stops within the [DOT] rights -of -ray. This project required front -end costs with the expectation of reimbursement from DOT. Installing the bus stop shelters would also require staff to secure easements from property owners. Mayor Randels stated that he would pursue taking action to obtain permits for the bus shelters as well as complete reimbursement forms. • Mr. Boucher stated that Susan Stills is working with the Health Insurance Committee on the City's benefits renewal. Renewal rates increased 29 percent. • Mr. Boucher attended the Brevard County Metropolitan Planning Organization meeting. He reported that the County has up to $1 billion worth of improvements but $250,000 in funding. • Mr. Boucher stated that the County approved the Local Option Gas Tax extension. He reported that paving on Ridgewood Avenue, North Atlantic Avenue and Central Blvd. was listed on the Local Option Gas Tax priority listing and would proceed with 51 percent of the population's approval by reason of shared revenue. Mr. Petsos replied that the funding for the paving should come from the taxes forwarded to the County. Mayor Randels reported the costs for paving as $466,588. The MPO voted on a shared seat between the cities of Cocoa Beach and Cape Canaveral. Mr. Boucher reported that staff is prepared for the impending hurricane. • Mr. Boucher reported that the Code Enforcement Officer has been working on the weekends and reported on no invalid activity. • Mr. Boucher announced that the Cape Canaveral City Clerk, Susan Stills, is one of five finalists for the Florida League of Cities City Clerk of the Year. Mr. Boucher reported that he conferred with the City Clerk and the City Attorney on a Code of Conduct resolution for City Boards and City Council members. He distributed a copy to the Council for review and would place it on the next Agenda. • Mr. Boucher reported that he, Commander Scragg and Mayor Randels would attend a briefing on the Pluto mission. 2. Staff Building Official No report. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 7 of 10 City Treasurer No report. Recreation Director • No report. City Clerk • Ms. Stills announced that the Cape View Elementary students would participate in a City Government Week activity on Thursday, October 21* at 9:00 A.M. with the Mayor and the City Attorney. She encouraged Council members to participate. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Leo Nicholas referred to an article by Richard Morrow on the traffic study performed on the State Road Al speed limit. Although those checked were found exceeding the speed limit, it seemed unfounded to lower the speed limit. Mr. Nicholas questioned the inefficiency of the writer's logic. • Ms. Shannon Roberts questioned the discussion of working with the developers to bury the power lines. Mr. Boucher replied that the City is waiting for action from Bell South. • Ms. Roberts also questioned the decorative street lighting on North Atlantic Avenue. Mr. Boucher replied that this also relied on action from Bell South. • Ms. Roberts also questioned a return of the City tax dollars to the County. Mr. Boucher replied that the County taxes the taxpayers in the community a County General Fund tax and the County anticipated receiving $3.7 million. The Local Option Gas Tax is another County funding source. • Ms. Roberts asked if the Council would consider a workshop to discuss the City's future. Mr. Bruns encouraged Ms. Roberts to attend a Planning and Zoning Board meeting stating that the moratorium is an initial step in the City's development. Mayor Randels replied that the City conducts a visioning session on an annual basis to formulate future plans. • Mr. Ray Osbome announced that the Florida Humanities Council would hold a meeting on November 2" • Mr. Osborne stated that he is planning a History of Cape Canaveral Presentation on January 28th and is seeking speakers and welcomed any person with historical knowledge. Mr. Morgan related some history of the building on Thurm Blvd. • Ms. Karen Hayes addressed the Council and stated that she called City Hall regarding her missed Appearance Board packet and was told that she was removed from the Community Appearance Board. Ms. Hayes stated that she listened to the audio file and subsequently apologized to Mr. Morgan for her City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 8 of 10 remarks during a previous Community Appearance Board meeting. She then presented her canter background and experience to the Council. Ms. Hayes stated that she understood that she must address each application with fair and impartial treatment regardless to the subjective nature of the application content. She related that she had intended to resign, but Mr. Camomilli resigned and Mr. Bowman conceded to an altemate position; therefore she remained on the Board. Ms. Hayes repeated her remark verbatim from the Community Appearance Board meeting. She related that most applicants submit more than enough information; however, some submit the bare minimum of information required by the ordinance. She stated that packets from Mr. Morgan's office generally submit the bare minimum requirements. However, most Board members are not acquainted with the requirements and must visualize a two dimensional submittal into three dimensions. She requested to meet with Mr. Morgan prior to any meeting in order to assist him with his applications from the Board's prospective since she is no longer on the Board. Ms. Hayes stated that her professional demeanor might have not been as diplomatic as other Board Chairs; however, she voted on any application using the letter of the ordinance. She stated that she has always presented scrupulously honest on the Community Appearance Board. She stated that she wished the Council had detained their vote to remove her from the Board until she had an opportunity for rebuttal. Ms. Hayes stated that in the past she met with Mr. Boucher for sensitivity training. She related that the Appearance Board members have minimal experience. Ms. Hayes stated that she had no political agenda but merely a volunteer. She stated that effective Boards need a level of passion not to just rubber stamp applications. Mr. Morgan replied that he had left the meeting and the application that came before the Board was not his but that of his son. Mayor Randels thanked Ms. Hayes for the courage of her personal apology. • Mr. Nicholas asked for the status of the Magma Trading Corporation lien agreement. The Building Official replied he spoke with the applicant's attorney, Mr. Peters and the applicant was compelled to cut the lawn and remove weeds. Mr. Morley stated that the $1,300 was set aside for maintenance. Mayor Randels stated that compliance must be met by November 20. Mayor Pro Tern Hoog questioned what would occur if compliance was not met. Mr. Morley stated that the day after the City Council meeting, he noticed the owner on the exterior maintenance, the parking lot, the sign and the structural work that was performed without a permit and other Code Enforcement concerns or Code actions would occur. The owner requested a date of three months from November 20 and the $1,300 escrow applied immediately to the lawn maintenance. 3. City Council City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 9 of 10 Mr. Bruns • No report. Mr. Petsos • Mr. Petsos inquired about any funds or a breakdown of how County taxes are used. He commended Ms. Cathy Reakes of the Hometown News saying that she reached someone from the County finance office for a response. • Mr. Petsos requested to place the City Manager's Evaluation on the City Council meeting Agenda for November 1 st . • Mr. Petsos requested to submit the Casino sewage dumping issue to the Brevard County Government Relations Council. Mr. Bruns concurred. • Mr. Petsos announced a Pep Rally at Cocoa Beach High School and he invited all to attend. • Mr. Petsos announced a Pancake Breakfast and Political Hob -Knob at the Manatee Sanctuary Park on October 29 from 8 A.M. to 10 A.M. The Cape Canaveral City Council candidates will be available. Mr. Morgan • Mr. Morgan noted that the grass on Ridgewood Avenue needs mowing. • Mr. Morgan inquired about additional reclaimed water for the Stormwater Park on Ridgewood Avenue. Mayor Pro Tom Hoog Mayor Pro Tern Hoog questioned the $1.5 million in proposed funding that the Commission had at its disposal for local roads? Mr. Boucher replied that each County Commissioner was requested to provide a number of roads from the Local Option Gas Tax. The Gas Tax would provide road funding. • Mayor Pro Tern Hoog reported that the School Board Representative, Bea Fowler, inquired if the Council would desire to designate Cape View Elementary School as a School of Choice in light of the reducing student population. • Mayor Pro Tern Hoog commended the new light pole banners. Mayor Randels • Mayor Randels commended the Mayor Pro Tern Hoog for his notes on the County Summit • Mayor Randels related that a Senior Master Sargeant of the 920"' Rescue Wing at Patrick Air Force Base provided a moving presentation from his own personal experience on the loss of been lives in vehicle accidents. • Mayor Randels remarked that he was not aware of Ms. Fowler's concern with Cape View's possible school closing. • Mayor Randels reported on a trailer of pumpkins arriving from Mt. Dora for pumpkin carving at Cape View Elementary School for display at the Ron Jon City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 10 of 10 Cape Caribe Resort. Ambassador Services will deliver the pumpkins from Mt. Dora. • Mayor Randels stated that each Commissioner was provided $5 million for road improvements. This however is Bond funding and would not appear for many years. • Mayor Randels announced that the City would acquire a seat on the Brevard Metropolitan Planning Organization. • Mayor Randels related that the Florida Department of Transportation does not have funding for road improvements. The State is working on the Strategic Intermodal System project. • Mayor Randels noted that the Council approved $60 to purchase the Leag of Women Voters Legislative contact list publication. • Mayor Randels announced that Congress Weldon invited him and others to participate in a video at the Brevard Community College Broadcasting Station on the upcoming Social Security coverage. • Mayor Randels announced that the City received an offer from the County to purchase Cherie Down Park. At this time the County maintains all park maintenance. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:20 P.M. r` 4 .K� r1 f i) C- Rocky Randel , MAYOR Susan . � CITY e`LER '+.kr�