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HomeMy WebLinkAboutMinutes 12-07-2004 Regular l i i CITY COUNCIL REGULAR MEETING i C e CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 7, 2004 7:00 PM i MINUTES CALL TO ORDER: i PLEDGE OF ALLEGIANCE: i ROLL CALL: i Council Members Present: A I I Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels I ' Mlle Others Present: City Manager er Bennett Boucher Assistant City Attorney Kate LaTorre City Clerk Susan Stills Public Works Director Ed Gardulski 1 PRESENTATION: Fall Multi - Family Beautification Award — La Villa Apartments Mayor Randels called on Mr. Leo Nicholas to present the Quarterly Beautification Award. Mr. Richard Parmen accepted the award on behalf of the La Villa Apartments at 199 Tyler Avenue. He was presented with a plaque and gift certificate in recognition of their beautification efforts. BOARD INTERVIEW: i i John C. Anderson, Business & Cultural Development Board Mayor Randels called on Mr. John Anderson a prospective alternate to the Board. Assistant City Attorney Kate LaTorre asked if all the information on Mr. Anderson's I application were true and correct to the best of his knowledge Mr. Anderson affirmed. i 1 1 i i i I City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 2 of 10 , i i C Mr. Anderson responded to Attorney LaTorre 's question on his relevant experience in that he spent 30 years in the tourist development industry. He has worked in 60 countries around the world and assisted in economic development in those countries. He also served as the State Economic Trade Administrator in several U.S. states. Mr. Anderson also stated that he has assisted in the development of many small I businesses. He stated that he was also named Chairperson of the National Association 1 for Secretaries of Commerce and National Development. Mr. Anderson replied to Mayor Randels that he chose Cape Canaveral as a place to reside due to the community's ambience. Council members expressed combined thanks for his interest in serving on the Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 16, 2004. 2. Outdoor Entertainment Permit for the 9th Annual Reindeer 5K Run/Walk. I 3. Approval of Employee Christmas Bonus. 4. Resolution No. 2004-24; Reappointing One Regular Member to the Construction Board of Adjustment and Appeals (R. Byrd). 1 Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. i Mayor Pro Tem Hoog requested a correction on the names stated in the Manatee Sanctuary Park item that provided statements from Mayor Pro Tem Hoog and Mr. Petsos. The City Clerk will make the correction. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 4 with the Noted Change to the Council Meeting Minutes of November 16th. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For. 1 CONSIDERATION: 5. Motion to Approve: Boston Beef and Seafood Appeal of a Community Appearance Board Decision. Mayor Randels reviewed the items that comprised the Appeal Packet. Attorney LaTorre explained that the Council's review in this Appeal is to provide intermediary assessment prior to proceeding to Appeals Court. Mayor Pro Tem Hoog disclosed that he has worked C. for the applicant on previous occasions. Attorney LaTorre stated that she saw no conflict in 1 Mayor Pro Tem Hoog's disclosure. Attorney LaTorre swore in all the parties who planned I I i 1 City of Cape Canaveral, Florida City Council Regular Meeting I December 7, 2004 ! Page 3 of 10 to provide testimony. Mr. Morgan stated that he had visited the site and was shown the materials that the applicant planned to use for the fascia. Mr. Morgan said that he related to the applicant that he had to stay within the guidelines of the City code. Attorney LaTorre called on the applicant to present his case to the Council. Mr. Michael Gulick, of Go Signs, introduced himself to the Council. Ms. Duree Alexander, Code Enforcement Officer, stated that the Community Appearance Board had approved the ground sign; however, the wall sign is in discussion. Ms. Alexander said that she had evidence to submit on behalf of the Sign Company. Mr. Morgan asked if the Board was presented the same information as the Council. Ms. Alexander affirmed. Attorney LaTorre explained to the Council that this review is a de novo review and should be treated as a new discussion. : Council members expressed concern with hearing an appeal in that the information j presented to them had changed since presentation to the Community Appearance Board. Council members stated that the Board should see the presented changes prior to any form of Appeal. Mr. Burt Bruns, Community Appearance Board Vice Chairperson, explained that the Board approves on appearance and their decision was based on previously presented information. He stated that the Applicant was the sign maker and not the property owner, and therefore he could not provide answers on the owner's behalf. The Community Appearance Board expressed their objections based on the facts that ! c were presented. Mr. Gulick concluded that he might have chosen an inaccurate forum to re- present his information. Council directed the application back to the Board for review. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Remand the Boston Beef and Seafood Appeal Back to the Community Appearance Board. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For 6. Motion to Approve: Proposal for Reuse Distribution Line Extensions. Mayor Randels stated that the reuse line extension is a budgeted item and the plan is to continue reuse installation while the company is in the area. Mr. Norm Boucher, of 411 Jackson Avenue, said that the 100 Block of Monroe was not included in the plan. He requested Council's approval to include that street Mr. Gardulski stated that he would review the overall reuse extension plan for omitted streets. Mayor Randels expressed the need for proactive reuse installation in light of the two proposed hotel constructions. A motion was made by Mr. Petsos and seconded by Mr. Miller to Approve the Proposal for Reuse Distribution Line Extensions with Vlfiring Technologies in the Amount of $60,157. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For. 1 e-, , I I 3 1 i I City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 4of10 i C 7. Motion to Approve: Proposal from Luke Transportation to Present a Concurrency Management Update and an Access Management Workshop. i Mr. Joe Robiero stated that the proposal encompasses two areas: 1) to compile a data standard for a concurrency system and 2) to review Astronaut Blvd. and North Atlantic Avenues and create a unified transportation plan to include activity in the Port area. Mr. Robiero explained that vacant Tots would be included in the review in order to address potential growth. Mr. Todd Peetz, City Planner, affirmed that he could assist Mr. Robiero in acquiring maps and explain to him some of the changes that have occurred in the City. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Proposal from Luke Transportation to present a Concurrency Management Update and an Access Management Workshop in the Amount of $8,000 Appropriated from the General Fund. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For. i RESOLUTIONS: 8. Motion to Adopt Resolution No 2004 -15; Officially Naming Tin Roof Avenue 1 C Located in Oak Park. I Mayor Randels read Ordinance No. 2004 -15 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING TIN ROOF AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. There was no further discussion. 1 1 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Resolution No. 2004-15; Officially Naming Tin Roof Avenue Located in Oak Park. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For 9. Motion to Adopt Resolution No 200416; Officially Naming Anchorage Avenue Located within the City of Cape Canaveral in the Villas at the Port. Mayor Randels read Resolution No. 2004 -16 by title. 1 Ci i I i i City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 5 of 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD I COUNTY, FLORIDA, OFFICIALLY NAMING ANCHORAGE AVENUE, LOCATED WITHIN THE 1 CITY OF CAPE CANAVERAL IN THE VILLAS AT THE PORT, TEUTONS SUBDIVISION, AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. A 1 There was no further discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-16; Officially Naming Anchorage Avenue. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For i 10. Motion to Adopt: Resolution No. 2004 -43; Final Re -plat of Beachside i Townhomes. Mayor Randels read Resolution No 2004 -43 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL RE -PLAT OF "BEACHSIDE TOWNHOMES "; 1 C AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. i Mr. Morgan disclosed that he had previously worked for Mr. Johanson. Attorney LaTorre replied that she found no conflict with Mr. Morgan's disclosure. Mayor Randels stated for the record that this item was postponed at the November 16 City Council meeting due to lack of a quorum. Mr. John Johanson stated the address as 510 and 512 Adams Avenue. Mr. Morgan said that he was the builder and he would complete a Conflict of Interest form the following morning. Attorney LaTorre explained that unless Mr. Morgan stood to gain or lose financially from the transaction on the property, he would not need to complete a Conflict of Interest form. A motion was made by Mr. Miller and seconded by Mr. Petsos to Adopt Resolution No. 2004 -43; Final Re -Plat of Beachside Townhomes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, Abstain; Mr. Miller, For; Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For 1 11. Motion to Adopt: Resolution No. 2004 -45; Supporting Financial Incentives for Disaster Recovery. Mayor Randels read Resolution No. 2004-45 by title. Cr' i City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 6 of 10 C oe A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ENCOURAGING THE STATE OF FLORIDA TO ESTABUSH A PILOT PROGRAM OR A GRANT PROGRAM THAT PROVIDES FINANCIAL INCENTIVES FOR CONTRACTORS AND THEIR CUENTS TO VOLUNTARILY USE CERTAIN CONSTRUCTION TECHNIQUES AND MATERIALS DURING RECONSTRUCTION FOLLOWING NATURAL DISASTERS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS WITH PRIOR RESOLUTIONS. Mayor Randels explained that the Florida League of Cities developed a Resolution following the Institute for Business and Home Safety whose mission is to prevent loss of life and property damage due to disaster. Mayor Randels outlined the Resolution's whereas clauses in that there are building materials and proven construction techniques that would significantly minimize property damage. Federal funding would be provided from the proceeds remaining from the 2004 hurricanes. Mr. Miller stated that he found the current Building code adequate for wind zones and risks, and added that if the current code were followed properly, construction was performed to rigorous standards. Mr. Miller replied to Mayor Randels that if repair or replacement is performed at 50 percent or more of the existing structure, it must comply with the current Building code. Mayor Randels asked the City Manager to forward copies of the Resolution to the Building Officials Association of Florida and the other entities listed on the Agenda Report. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Adopt Resolution No 2004-45; Supporting Financial Incentives for Disaster Recovery. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For ORDINANCES: Second Public Hearing: 12. Motion to Adopt: Ordinance No. 10 -2004; Vacating a Portion of Harbor Drive Right - of Way. Mayor Randels read Ordinance No 10 -2004 by title. 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT- OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THEIR ADDITION, AS RECORDED IN PLAT BOOK 15, PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXRAATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. Mayor Randels stated that the ordinance was duly published on November 27"', the first hearing was held on May 4, 2004 and the ordinance was approved at that time with stipulations. Mayor Randels asked if all of the stipulations were met. Mr. Boucher affirmed and said that access road stabilization was performed using paving blocks and a sound activated emergency gate was added at the entrance of the Villages of Seaport. 4 City of Cape Canaveral, Florida City Council Regular Meeting i coe December 7, 2004 Page 7of10 There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No 10 -2004; Vacating a Portion of Harbor Drive Right-of-Way at second reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For DISCUSSION: 4 13. Outline of Mixed Use Development Agreement. 1 Mayor Randels reviewed the proposed concept for Mr. Miller and Mr. Morgan. He clarified the project venue as the west side of State Road A1A near the Canaveral Creek and the Budget Rent -A -Car. In response to Mr. Morgan, Mr. Greene stated that 11 acres were proposed. Mayor Randels read the points of the Outline as: 1) the Applicant desires to develop a mixed -use and residential development within the City of Cape Canaveral, 2) It is the City's desire to promote said development according to applicable law, 3) the Applicant shall submit an application for change in Comprehensive Plan along with a proposed Mixed -Use Ordinance no later than December 31, 2004, 4) The City shall use reasonable efforts in processing the application for change in Comprehensive Plan as well i C as the enactment of the Mixed -Use Ordinance, 5) The City shall process said application such that the transmittal to the Department of Community Affairs should occur no later than March 2005. Mr. Todd Peetz stated that the Council's discussion was feasible if the application was submitted by December with a 30-day notice period. Mayor Randels continued the Development Agreement Outline: 6) the Comprehensive Plan change as well as the Mixed -Use Ordinance must be commercially reasonable for Developer to continue to process said development 7) The total process for the change in the Comprehensive Plan and the Mixed -Use Ordinance should be concluded no later than December 31, 2005. Mr. Peetz stated that within one year the City should have the application returned from Department of Community Affairs for review. Mr. Nicholas asked if the Planning and Zoning Board would participate in the review. Mayor Randels affirmed. Mr. Nicholas also asked who determines what is commercially reasonable? Mayor Randels clarified that commercial viability lies upon the developer. Mr. Petsos asked if the City is bound by the dates in the Agreement? Attorney LaTorre related that Attorney Garganese cautioned against committing to pre - determined dates. At this time Mr. Morgan stated his favor with the concept. Mr. Peetz replied to Mr. Boucher that he would pursue a text/map Comprehensive Plan amendment. Mr. Peetz clarified that the zoning bou thanes would dictate commercial property placement. He stated that the text amendment would reference the concept within the Comprehensive Plan in order to modify the Land Development Code and keep the Code consistent with the Comprehensive Plan. Mr. Peetz related that he understood j I ►+ the applicant's need for timelines in order for the application not to stagnate at the Board I i 1 1 I City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 8of10 ; ( 00, level. Attorney LaTorre stated that the Florida Statutes also provides safeguards for the application to proceed from the Board to the Council level. Mr. Boucher stated that adjacent property owner notification is also another step in the process and Greene i i International would submit an application that would follow due process. Mr. Martin Greene expressed that his company would find out during review if the concept were viable due to its compliance with City code. He said that he was aware that the City's height and density ratios would not change. Mr. Peetz stated that Mr. Greene would need to submit an application for a Comprehensive Plan Amendment and a Zoning Plan change. Attorney LaTorre stated that there are restrictions on how long the application could be held at the Planning and Zoning Board level and also at the Council level once submitted to the Department of Community Affairs. 1 14. Review Process for Site Plans. Mr. Petsos expressed his thoughts on the Council providing decision on site plans in the City. He noted the loss of beach end parking on Monroe Avenue due to development as an example. Mr. Morgan said that the Council did discuss some site plan issues and he inquired if Council review could run concurrent with the Planning and Zoning Board review. Mayor Randels suggested that Council receive a Zoning Board packet for review at the i same time as the Board. Mr. Miller stated that the City of Cocoa Beach Commission performs site plan reviews. Ms. Bea McNeely, Planning and Zoning Board Chairperson, cautioned that no matter which body approves site plans; the site plan must agree with the j C ordinances. She stated that the ordinances are not always dear and suggested that the Council continue with Code review in order to better clarify the intended purpose of the City's laws. Mr. Boucher added his intent to address Code review continuance under his reports. Discussion concluded that Council did not choose to intervene in the Planning and Zoning Board's decisions or to belabor the process, but to make the process more effective. REPORTS: 1 1. City Manager • Mr. Boucher announced that the City was awarded another grant from the St. John's River Water Management District for $31,000. • Mr. Boucher reported that the Fire Chief and Commander McGee have been working on the 800 Megahertz System. He stated that a 350 -foot tower, if land were available, costs $750,000. However, the project price would increase to $2 million if the Rockledge site were not upgraded. • Mr. Boucher reported that he spoke with Tallahassee officials and beach re- nourishment would begin some time in February and be completed before turtle- nesting season begins. • Mr. Boucher reported on the North Atlantic widening project and said that all utilities except Bell South have been relocated from the area. • Mr. Boucher reported on the status of the model space shuttle at an approximate cost of $10,000 with volunteer assistance. I livi • Mr. Boucher announced that message boards would be stationed on State Road A1A beginning on December 21 to caution against fireworks use within City limits. 1 I j i 1 4 J City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 9 of 10 Are • Mr. Boucher asked if the Council desired to proceed to Code Section 110 for Code Review. Council requested that Ms. McNeely inquire of Planning and Zoning Board } member attendance and to schedule date and time. • Mr. Boucher referred to the City Council Meeting on December 21 and asked if Council desired to meet or postpone until January 4, 2005. A motion was made by Mr Morgan and seconded by Mr. Miller to Cancel the City Council Meeting of December 21 due to the Holiday. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mr. Morgan, For Mr. Petsos, For and Mayor Randels, For. • Mr. Boucher reported that the Building Official was lamed. He would update g osprta pd ate the Council on his status as he received news. 2. Staff Public Works • Mr. Gardulski reported that City holiday decorating is ongoing. City Clerk • No report City Attorney 1 • Attomey LaTorre reported that the Burgett case relating to the Annexation was dismissed. I I AUDIENCE TO BE HEARD: I There was no public comment. i 3. City Council Mr. Petsos • Mr. Petsos asked the City Manager to stay informed of the County Ordinance on resort rentals. Mr. Boucher stated that the County Commission passed a 30-day moratorium on any new rentals. • Mr. Petsos inquired about the City Hall relocation. Mr. Boucher reported that he tasked the City Clerk and Ms. McIntire to compile all previously submitted information and make a • presentation on space options. i Mr. Petsos thanked the Public Works Director for addressing street lighting. Mr. Miller • Mr. Miller asked if Attorney Torpy had any further prevailing issues against the City i since the Annexation. No issues were noted. Mr. Morgan • No report. t 1 d 1 City of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 10 of 10 1 C., 1 Mayor Pro Tem Hoog g • No report. t I. Mayor Randels • Mayor Randels reported that concerned residents called regarding tree destruction on the former Maggie's Mini Nursery property. He related that the developer did work within the 1 constraints of the City code. Mayor Randels stated that Perias del Mar had 2,638 total f inches of trees and 1,877 were exempt once the footprint for the house and roads were established. There were only 761 inches of trees that the developer kept however, they i were palms, not oaks. Mayor Randels expressed concern that the City code should allow f for more flexibility in order to preserve trees. t • Mayor Randels announced the Holiday Tree Lighting on Sunday, December 12"' at 7 I P.M. at the Cape Canaveral Library Meeting Room • Mayor Randels announced the Annual Reindeer Run on Saturday, December 11'". • Mayor Randels solicited items for discussion with the County Commissioner. Mr. Petsos replied he would like to see more County tax dollar funds used in the City. Mr. Boucher added paving Ridgewood Avenue. • Mayor Randels reported that the Brevard County Water Board met the day prior and he f r asked if there were any interest from other Council Members in attending. ADJOURNMENT: rhie There • y,: i on`' u �' ` "' ess the meeting adjourned at 9:55 P.M. , i t , •, r :' Ems; L ■cra",-04-C20_ i p "" � , Rocky Randels, I It 4 4 . . Susan 1W ; t--,,:z ,e -.F , j SS , i t t i t F C f t rime 1 , , h