HomeMy WebLinkAboutMinutes 03-05-2002 Regular j
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 5, 2002
7:00 PM
MINUTES
CALL TO ORDER:
! ROLL CALL:
Council Members Present:
1 Jim Morgan
Mayor Rocky Randeis
Mayor Pro Tem Buzz Petsos
i Richard Treverton
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Larry Weber
Others Present:
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Bennett Boucher, City Manager
Mark McQuagge, City Attorney
Susan Stills, City Clerk
Morris Reid, Building Official
Ed Gardulski, Public Works Director
Nancy Hanson, Recreation Director
BOARD INTERVIEW:
James Hale, Code Enforcement Board Applicant
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j Attorney McQuagge asked Mr. Hale about his experience that qualifies him to sit on this
Board and why he desires to serve. Mr. Hale related that in his experiences of cleaning
the City's streets he confronts situations that Code Enforcement would handle and he
would like to participate in that. Mr. Hale related his knowledge of the Board's process
and expressed it would be an honor for him to serve on the Board. Attorney McQuagge
asked Mr. Hale if it would cause him any reservations to sit in judgment over other
I citizens? Mr. Hale replied that it would not. Attorney McQuagge then asked Mr. Hale if he
believed that he could accomplish the duties of the Board such as levying a fine or
accomplishing other tasks? Mr. Hale affirmed that he could. Attorney McQuagge stated
that the Code Enforcement Board did recommend the applicant. Mr. Morgan responded
1 that from what he had seen and heard, he would be very much in favor and approval.
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Mr. Weber related that Mr. Hale had spent much time participating in City projects and
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 2
he would appreciate having him on the Board. Mr. Treverton asked if there were any
regular member vacancies on the Board. Attorney McQuagge affirmed that Mr. Hale
would be appointed as a regular member and noted that there would be a voting conflict
on an upcoming Board issue that would require Mr. Hale's appointment. Mr. Treverton
concluded that he had no reservations in voting for Mr. Hale's appointment. Both Mayor
Pro Tem Petsos and Mayor Randels thanked Mr. Hale for his interest and welcomed him
back to service on a City board. Mayor Randels stated that a resolution to appoint Mr.
Hale to the Board would be placed on the next Council meeting agenda.
CONSENT AGENDA:
Mayor Randels asked if any Council Member, staff or interested party desired to
remove an item from the Consent Agenda for discussion.
Mayor Pro Tem Petsos requested to remove Item No. 7 for discussion.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to
Approve Items No. 1, 2, 3, 4, 5, 6 and 8. The vote on the motion carried 5-0 with
voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For;
and Mr. Treverton, For and Mr. Weber, For.
Cr; 1. City Council Regular Meeting Minutes of February 5, 2002.
2. Resurfacing of (12) Shuffleboard Courts in the Amount of $5,689.00 to the
Nidy Company.
3. Lifeguard Services Contract with Brevard County in the amount of
$9,756.00.
4. Cooperative Purchase of 106 Sable Palms in the amount of $10,282 to
Manicure American Landscaping.
5. Sole Source Purchase of (2) Valve Spur Gear Assemblies in the amount of
$5,121.50 to American Flow Control.
6. Cooperative Purchase of a Dodge Pick -up Truck in the amount of $16,647
to Jack Caruso's Regency Dodge, Inc.
8. Cooperative Purchase of Alchemy Imaging Software and Training in the
amount of $16,442.
Item Removed from the Consent Agenda For Discussion:
7. AudioNisual Production Agreement with Communications Concepts, Inc.
to update the City Marketing Video in the amount of $4,928.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 3
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Mayor Pro Tem Petsos asked if this item could be put aside until the City sign is
installed. Mr. Treverton concurred that the interchange and the City Parks could also be
added to the video once these projects are completed. Mr. Morgan questioned in doing
that would there be any benefit in going forward with a portion of the video and
completed as the information reaches the point where it could be completed, or would
that not be the way they would want to do it. Mr. Boucher said that he could work with
the Business and Cultural Development Board on updating the script. He said that during
the interim they could perform some of the behind the scenes work.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to table
Consent Agenda Item No. 7. The vote on the motion carried 5-0 with voting as follows:
Mr. Morgan, For Mayor Pro Tem Petsos, For Mayor Randels, For; and Mr. Treverton,
For and Mr. Weber, For.
ORDINANCES: Public Hearing:
9. Motion to Adopt Ordinance No 01 -2002; Setting Forth and Adopting the First
Small -Scale Plan Amendment for 2002 as Provided in CPA -02 -1.
Mayor Randels read Ordinance No. 01 -2002 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE
FIRST SMALL SCALE PLAN AMENDMENT FOR 2002 AS PROVIDED IN CPA -02 -01,
WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF
THAT CERTAIN PROPERTY DESCRIBED AS TAX PARCEL 251.0 #24-37 -14-00-
00251.0 -0000.00 CONTAINING APPROXIMATELY 9.976 ACRES OF INFILL
DEVELOPMENT FROM R -2 RESIDENTIAL TO M -1 INDUSTRIAL ON 4.601 ACRES AND
R -2 RESIDENTIAL TO C -2 COMMERCIAL/MANUFACTURING ON 5.375 ACRES;
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Weber and seconded by Mr. Morgan to approve Ordinance
No. 01 -2002 for discussion. Todd Peetz, City Planner, pointed out on the Future Land
Use Map how the parcels of land were planned for zoning distribution on the existing R -2
property. Mr. Treverton asked for landmarks relative to the old post office. Mr. Peetz
pointed to the old post office and stated the zoning as residential. Mr. Treverton asked if
there were any residential land that would be affected. Mr. Peetz pointed out Solana
Lakes to the east, C -1 zoning to the south, and tank farms to the north. Mr. Peetz
affirmed for Mr. Treverton that the Rinker plant is to the north of the proposed M -1
zoning. Mr. Treverton asked if there were any abutting neighbors. Mr. Peetz said that
there is a mobile home park to the north and related that there is driveway access that
creates a buffer. Mr. Treverton asked if there had been any objections to the change. Mr.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 4
Peetz replied that he had not received any objections. Mr. Weber asked Ms. McNeely for
input from the Planning and Zoning Board. Ms. McNeely expressed her personal
approval and stated that the Board found the application package complete. Mr.
Nicholas asked if the Staton property were included in this request. Mayor Randels said
that the Staton property is due north of the proposed change and was not included. One
of the application representatives responded that there is an 80 -foot buffer between the
properties. Mr. Nicholas also expressed his concern in that the Planning and Zoning
Board did not receive a substantial reason for a zoning change. Mr. Gene Petry asked
who owned the parcel and also asked if there were plans for development.
Mr. Jack Kirschenbaum, attorney, spoke on behalf of the owner, Bjomar Hermansen,
Trustee. Mr. Kirschenbaum introduced Mr. Randy Mays, one of the trust partners and
Ms. Rochelle Lawandales for questions from the Council on development plans,
consistency with the Comprehensive Land Use Plan and compatibility with the
surrounding area. Mr. Kirschenbaum stated that a comprehensive plan package was
submitted in an effort to address any imminent concerns. Mr. Mays related his plan for
an up -scale strip shopping center to include Mr. Don Haynes' property to the south. He
said that the alternative plan is a housing project however a commercial site would
benefit the condominiums and houses along the ocean. Mr. Weber questioned about the
M -1 zoning in the rear? Mr. Mays replied that the M -1 zoning in the rear of the parcel
would provide for service to the Port area. The plan is to access the M -1 zoning from the
Port and use Atlantic Avenue for the commercial strip mall. Mr. Reid expressed that a
r two-way access is beneficial to the proposed use. Mr. Treverton asked who pays for the
Comprehensive Plan amendment fees. Mr. Peetz stated that the applicant requested the
change and therefore pays the costs that include the cost of the legal advertising and for
his time as planner and map development. Mr. Peetz responded that because of the
type of use and the existing zoning, he did not see an incompatibility. Mr. Mays affirmed
to Mayor Pro Tem Petsos that the property to the south owned by Mr. Don Haynes
would comprise the shopping center.
Ms. Lawandales, owner and principal of Lawandales Planning Affiliates in Melbourne
stated the proposed zoning is a logical progression, driven marketwise by what is
happening in the City and the Port area. She related the benefits of the proposed
development and traffic plan. She pointed out how in the north part of the City this would
impede any further blight or decay. She expressed that the proposed plan was truly
consistent and compatible with the area, the community and the Comprehensive Plan.
Mayor Randels contended that the intended use is not consistent and compatible. Mayor
Randels pointed out some of the inconsistencies and expressed that the proposed use is
not the best use of the land for the residents and the community. Mayor Randels stated
that present land use to the north, east and south is residential on the submitted plans.
Mayor Randels stated that the Future Land Use Map [FLUM] is what the City works
toward. Mayor Randels read that as the Building Official sites it, to the north and south
are R -2. Mayor Randels referred to Page 4 of the Rezoning Comprehensive Plan
Amendment of the Hermansen property supplied by trustee Hermansen. Mayor Randels
City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 5
C re read the overall goal for Future Land Use for the City is to ensure the proper relationship 1
among residential, commercial, industrial and recreational and other activities. Mayor 1
Randels contested that the statement of keeping the zoning and the future land use
consistent is incorrect. He stated that what is proposed would require a change in the
zoning and future land use. Mayor Randels referred to Item B, which states that it is
more comparable with their surrounding uses. He pointed out that there is R -2 on the
north, a trailer park to the south and residential to the east. He stated that C -2 zoning is
more intensive than C -1 zoning.
Mayor Randels referred to Item D, which states that it is appropriate to the type of
transportation corridor and the use of North Atlantic Avenue. He stated that a shopping
center would result in more traffic on a one -lane road. Mayor Randels referred to
Objective L2, Removal of Blighted areas. He expressed that he does not see
undeveloped land as blighted and defined a blighted area as having sections tom down
with devastated buildings. Also in Objective LU2, Rezoning and Amending the FLUM to
Allow for Higher Intensity Developments, which states that it will aid in providing the
incentives for reinvestment and economic development. Mayor Randels referred to Item I
3, Eliminating or Reducing Inconsistent Uses, which states that this proposal is t
consistent with adjacent land uses and zoning districts. Mayor Randels pointed out that t
three sides are R -2 zoning. Mayor Randels continued on to Page 6 that cited the need to
have a larger parcel for quality industrial and commercial development, to combine and
C create a change in the existing character of the area, and a need to reflect those r
changes in the corresponding land use. Mayor Randefs stated the inconsistency of
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industrial and commercial development in a residential area. He quoted from the Land
Use Element that reads that the City will work toward the elimination or reduction of uses
inconsistent with the community's character and future land use. Mayor Randels pointed
out that an inconsistency is being added, not eliminated. He stated that he did not see
that section as a shopping center section, the best for the community, or compatible with i
the existing neighborhood.
Ms. Lawandales asked the Mayor to refer to the Zoning map and the FLUM. She said
that by statute the Comprehensive Plan is a fluid document that calls for the City to
change as the community and conditions change. She pointed out how inconsistent
areas are adjacent to one another on the existing map. Ms. Lawandales also pointed out
that the proposed parcel is an island in between commercial and industrial. She stated
that only a small portion to the north is residential. Ms. Lawandales reasoned that there
are controls through land development codes, zoning codes and buffering and
landscaping to make the land uses compatible. She summarized that the City's level of
service standards would dictate future necessities through its concurrency programs.
Ms. Lawandales related that Mr. Mays indicated his agreement to apply a C -1 district.
Mayor Randels said that what is shown is zoning, not actual use. Mayor Randels
expressed his concern with the actual land use and the proposed change to the FLUM
and to the neighborhood. Mr. Weber expressed that a shopping center could be
C developed in any C -1 zone and expressed that that part of the City is changing.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 6
Mr. Reid replied to Mayor Pro Tem Petsos that Don Haynes' property abuts the south of
Mr. Mays' property and it is zoned C -1. Mr. Weber asked if the applicant could use C -1 in
the front and C -2 in the rear of the parcel. Mr. Weber then asked if warehousing is
allowed in C -2 zoning? Mr. Mays stated that only M -1, Light Industrial would
accommodate the use after discovering that C -2 did allow warehousing by special
exception. Mr. Weber said that he would accept C -1 on the east parcel. Mr. Treverton
reminded that C -2 was developed in an effort to clarify some uncertain parcels. Mr.
Kirschenbaum stated that they would accept C -1 on the east 5.375 acres. Mayor Pro
Tem Petsos queried Ms. McNeely about the C -1 zoning. Ms. McNeely stated that the
Board was looking for substantial, competent evidence to change the Comprehensive
Plan and that was found in the application. Ms. McNeely responded to Mr. Weber's
question of a unanimous vote by the Board in that Mr. Nicholas voted against the
change. Mr. Nicholas expressed that the C -1 rather than the C -2 zoning is more
consistent with extending the existing zoning. Mr. Morgan added that he would be happy
if the applicant went to the C -1 in that general area.
An amendment to the main motion was made by Mr. Weber and seconded by Mr.
Morgan to have the east 5.375 acres C -1 zoning. The vote carried on the
amendment 5-0 with voting as follows: Mr. Morgan, For Mayor Pro Tem Petsos, For;
Mayor Randels, For, Mr. Treverton, For and Mr. Weber, For
The vote carried on the main motion 4 -1 with voting as follows: Mr. Morgan, For; Mayor
Pro Tem Petsos, For; Mayor Randels, Against; Mr. Treverton, For and Mr. Weber, For.
i 10. Motion to Adopt: Ordinance No. 02 -2002; Amending the Official Zoning Map
as Described in Section 110 -246 by Changing the Class of Certain Property
from R -2 to M -1 on 4.601 Acres and R -2 to C2 on 5.375 Acres.
Mayor Randels read Ordinance No. 02 -2002 by title.
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 446, CODE OF
ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM
THE CLASSIFICATION OF R -2 (RESIDENTIAL) TO M -1 (INDUSTRIAL) ON 4.601 ACRES
AND R -2 (RESIDENTIAL.) TO C -2 (COMMERCIAL) ON 5.375 ACRES; AS DESCRIBED IN
EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Weber and seconded by Mr. Morgan to adopt Ordinance No.
fr 02 -2002; Amending the C -2 on the 5.375 acres to C -1. The vote carried on the motion 5-
0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels,
For, Mr. Treverton, For and Mr. Weber, For.
11. Motion to Adopt Ordinance No 03 -2002; Amending Code Section 2 -102,
Deputy City Manager.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 7
Mayor Randels read Ordinance No. 03 -2002 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION; 2 -102 DEPUTY CITY MANAGER. BY AMENDING
APPOINTMENT OF THE DEPUTY CITY MANAGER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Weber asked if all of the proposed ordinances on the code review changes could be
combined. Attorney McQuagge explained that the single subject rule applies to
Ordinance adoption.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber. The vote
carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem
Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For.
12. Motion to Adopt; Ordinance No 04-2002; Amending Code Sections 2-57,
Special Meetings; 2-58, Workshop Meetings; 2-59, Preparation of
Ordinances and Resolutions Prior to Meeting; 2-60, Preparation and Notice
of Agenda; 2-64, Call to Order, Quorum, Roll Call and 2-65, Minutes.
Mayor Randels read Ordinance No 04 -2002 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTIONS; 2.57 SPECIAL MEETINGS; 2-58 WORKSHOP MEETINGS;
2-59 PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING; 240
PREPARATION AND NOTICE OF AGENDA; 2-64 CALL TO ORDER. QUORUM. ROLL
CALL; 2-65 MINUTES BY AMENDING THE TERM FORTHWITH TO IMMEDIATELY,
ADDING OTHER LOCATIONS FOR MEETINGS DESIGNATED BY COUNCIL, ADDING
COPIES OF ORDINANCES OR RESOLUTIONS IN THE AGENDA PACKAGE, ADDING
TERM THREE IN QUORUM AND ADDING THE TERM STRIVE TO MINUTES
REPRODUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to
approve Ordinance No. 04 -2002. Mr. Boucher referred to Section 2 -60(c) in that the
requirement is to submit items to the City Clerk by Friday, 12 Noon preceding the
meeting and packets are distributed on Tuesday the week prior to the Council meeting.
Mr. Boucher clarified that this day and time falls three days after packets are distributed.
Mayor Pro Tem Petsos replied that the due date to submit items is an administrative
issue. Mr. Weber recommended that the provision to file items with the City Clerk by
Friday, 12 Noon be deleted from this section. Mr. Weber also questioned about the
workshop meeting language. Attorney McQuagge responded that the normal procedure
is not to hold a workshop meeting unless there are specific items for discussion. This
provision allows for submission of items to the City Manager without the time frame. It is
then up to the City Manager to ensure that the items are included in the packet. Mayor
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City of Cape Canaveral, Florida
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City Council Regular Meeting
March 5, 2002
Page 8 1
Coe Randels read the intended language deleting the provision to file items with the City
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Clerk prior Friday, 12 Noon preceding the regular meeting and deleting that the agenda I
will be sent to the residence of each of the members of the City Council and to the office
of the City Attorney at least 48 hours prior to the regular meeting. Also, to add the
sentence, "Agenda packets are distributed to Council members the Tuesday prior to the
Council meeting." Mr. Treverton suggested changing the final sentence to read shall be
distributed instead of are distributed.
An amendment to the main motion was made by Mayor Pro Tem Petsos and seconded
by Mr. Treverton in Section 2- 60(c), Section 5, Preparation and Notice of Agendas to
delete the portions in the fourth line after the word agenda and replacing the word are
with shall be in the last sentence. The vote carried on the amendment 5-0 with voting
as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Mr.
Treverton, For and Mr. Weber, For
The vote carried on the main motion 5-0 with voting as follows: Mr. Morgan, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, l
For. I
13. Motion to Adopt; Ordinance No 05 -2002; Amending Code Sections; 2 -219,
Open Market Purchase Procedures; 2 -222, Cooperative Purchasing and 2-
224, Blanket Purchase Orders.
Mayor Randels read Ordinance No. 05 -2002 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTIONS; 2 -219 OPEN MARKET PURCHASE PROCEDURES; 2-
222 COOPERATIVE PURCHASJNG; AND 2 -224 BLANKET PURCHASE ORDERS BY
AMENDING THE OPEN MARKET PURCHASE VALUES FROM $5,000.00 TO
$20,000.00; $500.00 TO $1,000.00; $500.00 TO $1,000.00; AND ADDING A THREE I
WRITTEN QUOTE REQUIREMENT; BY AMENDING THE COOPERATIVE
PURCHASING VALUES FROM $500.00 TO $1,000.00 AND CREATING A PREVIOUSLY e '
BUDGETED CAPITAL ITEM EXCEPTION; AND BY AMENDING BLANKET PURCHASE
ORDERS VALUES FROM $5,000.00 TO $20,000.00 FOR PRIOR APPROVED,
RECURRING ITEMS AND VALUES FROM $500.00 TO $1,000.00; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE. 1
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A motion was made by Mr. Weber and seconded by Mr. Morgan to Adopt Ordinance No. I
05 -2002. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For,
Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber,
For.
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14. Motion to Adopt; Ordinance No 06 -2002; Amending Code Section 6-51,
Streets, Alleys, Sidewalks and Parking Access.
C; Mayor Randels read Ordinance No 06 -2002 by title.
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 9
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION; 6-51 STREETS, ALLEYS, SIDEWALKS, AND PARKING
ACCESS BY ADDING AN EXCEPTION TO THE PROHIBITION ON CONSUMPTION AND
POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE WITHIN AN
AREA OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Adopt
Ordinance No. 06 -2002. The vote carried on the motion 5-0 with voting as follows: Mr.
Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For Mr. Treverton, For and
Mr. Weber, For.
RESOLUTIONS:
15. Motion to Adopt: Resolution No. 2002-09; Supporting the Town of Malabar's
Right to Home Rule.
Mayor Randels read Resolution No 2002 -09 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
SUPPORTING THE TOWN OF MALABAR'S RIGHT TO HOME RULE; AND PROVIDING FOR
AN EFFECTIVE DATE
A motion was made by Mayor Pro Tem Petsos however the motion died for lack of a
second.
16. Motion to Adopt Resolution No 2002 -10; Designating a Public Park Area as
an Off-Leash Dog Park.
Mayor Randels read Resolution No 2002 -10 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
DESIGNATING A PUBLIC PARK AREA AS AN OFF - LEASH DOG PARK; PROVIDING FOR
AN EFFECTIVE DATE.
A motion was made by Mayor Randels and seconded by Mr. Morgan to adopt
Resolution No. 2002 -10. Mayor Randels stated that this resolution would give the City
Manager authorization to designate a dog park area. Mr. Weber requested input from the
Recreation Board. Ms. Hanson related that the Board was still gathering input from
interested parties. Mayor Randels expressed the disappointment of the dog owners that
formerly used the property near the Manatee Park and now No Dogs Allowed signs are
posted. Mr. Gene Petry asked for the meaning of an "Off-Leash Dog Park." Mayor
Randels explained that there is currently no place that allows dogs to exercise without a
leash. Mr. Petry related his experiences as a resident with dog owners who allow their
pets to defecate on property and annoy others. Ms. Mary Minneke related that those who
C v plan to use the dog park would police others toward cleanliness. Mr. Hale related that
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002 i
Page 10 I P
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C e Law enforcement could issue citations. Mr. Boucher informed that a deputy could write a
citation however the perpetrator must be caught in the act, or complete an affidavit and
submit it to the Brevard County Animal Control Office for investigation.
A motion was made by Mr. Weber and seconded by Mr. Morgan to table Resolution No.
2002 -10 until further information is submitted to the Council from the Recreation Board.
DISCUSSION:
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17. Welcome to the City Sign Concept.
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Mr. Boucher reported on this joint effort by the Beautification and the Business and
Cultural Development Boards. Mr. Nicholas, Chairperson of the Beautification Board,
explained that the depiction is an elevated sign set on a berm. He pointed out that there
are three layers of ponds for flowing water and illumination with floodlights. Mr. Weber
inquired about the direction of the lighting. Mr. Nicholas explained that illumination is I
placed at a 45- degree angle and would not reflect back onto the oncoming traffic. Mr.
Nicholas also noted the use of palm trees in the rear of the sign. Mayor Randels
summarized that the consensus of the Council is to proceed with the project. Mr.
Boucher said that he would proceed with a design/build proposal with Stott ler, Stagg and
Associates. Mr. Morgan related that simulated stone might separate from the structure
(iiir' over the course of time and the committee might want to consider a more perpetual
product. 1
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18. Demonstration of Community Analysis Software Program.
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Mayor Randels provided background on how the City came to use the interactive
software and introduced Todd Peetz for the presentation. Mr. Peetz then introduced his
partner, Tom Myers. Mr. Peetz explained that in the course of working with the City
Comprehensive Plan and making references to City's Code Book, his partner
developed a software product to suit this referencing need. Mr. Peetz related that
references and applicable words could be found throughout both books. Mr. Myers used
the product's functionality. multimedia presentation to explain p tY . Mr. Myers informed that
an additional product could be purchased that uses hyperlink features from the Planning I
and Zoning Boards Agendas to zoning maps and photos within the agenda packet.
Mayor Randels questioned the product's actual use. Mr. Myers related that the Building
Department staff extensively uses the product as well as the previous applicant, Ms.
Lawandales who used the product to compile her application. Mr. Myers informed that
he found his software is faster by reason of its indexing than the Municipal Code
Corporation Internet product which uses occurrences of the word.
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Mr. Reid related that he directs telephone requests to use the product from the Internet.
Mayor Pro Tem Petsos asked if staff could perform some of the interactive processes.
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Mr. Myers explained that extensive changes would require his firm's services, however
Ce City staff could apply minimal hyperlinks. Mr. Weber inquired about the cost for changes
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 11
C iii to the cede. Mr. Myers replied that an hourly $100 charge would apply or a charge of 15 i
percent of the actual cost for a five -year maintenance contract. Mr. Peetz said that the
latter would avoid an open -ended hourly charge rate. Mr. Weber questioned overall t
cost. Mr. Peetz informed that the initial stated cost was $10,000 however the actual cost 3
is $18,500. Mr. Myers said that the 15 percent would be based on the actual cost. ,
Mayor Pro Tem Petsos inquired about a warranty. Mr. Peetz replied that a disclaimer in 1
the beginning of the tool reads that this is not the City Code Book but a planning tool. t.
Mr. Peetz stated that if errors and omissions are found they would be removed at no
charge to the City. Mr. Boucher stated that the Council would need to authorize the
appropriation of $10,000 and he and the City Attorney would need to negotiate an t
agreement. Mr. Peetz said an agreement is necessary for the 15 percent per year for
five years and then perhaps to lock in for a five -year maintenance time period. Mayor
Randels summarized that the agreement would be placed on the next agenda.
REPORTS:
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1. City Manager t
• Mr. Boucher reported that staff has worked out a floor plan for City Hall. Mayor Pro k
Tem Petsos asked if the move between the City Clerk and City Treasurer was beneficial
in that the City Clerk needs more accessibility to the public and he also asked if this
move were cost effective. Mr. Boucher replied that the change is a mutual agreement. it
Mr. Treverton replied that he could only see the difference in the Clerk and Treasurer's t
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staff size as a reason to change offices. Mayor Randels requested to hire a contractor.
Discussion followed on allowing Public Works staff to perform the work. Mr. Morgan said
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that staff would need to follow our own rules in making structural modifications to a
commercial building and to hire a general contractor. Mayor Randels summarized that t
the consensus of the Council is to proceed with the wall treatments, ceilings, lighting
upgrade and carpet treatments done by a professional contractor.
• Mr. Boucher announced the Patriots Day Parade and the Student Art Show on
Saturday, March 11"'.
• Mr. Boucher requested Chapters 10,14,16 and 18 for the next Code Review
meeting at 5 P.M. on March 19"'.
• Mr. Boucher reported that a visioning session is needed and he would meet with staff
during the first week in April. The City Clerk would coordinate dates with Council
members.
• Mr. Boucher reported that the sewer line project through Harbor Heights is t
proceeding well.
• Mr. Boucher reported that the lift station #4 project is mobilized. l
• Mr. Boucher sent the Council an e listing of staff actions.
• Mr. Boucher referred to a budget for storm water utility and how we need to provide
the consultants with an estimated budget in an effort to set the rates.
• Mr. Boucher reported that Stottler Stagg and Associates submitted for the permits
from Department of Transportation and St. Johns for the west Al A pedway bridge g
project He is looking to use Don Facciobene, the same contractor as the Manatee
Boardwalk for the project.
• Mr. Boucher reported that SSA is developing a parking plan using the existing paved
area between City Hall and the Annex.
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 12
• Mr. Boucher said that he is checking with SSA on utilizing floor space in the bay area
for a meeting room.
AUDIENCE TO BE HEARD:
• Mr. Bill Young inquired about permit fees and stated that the timing on impact fees
requires payment up front prior to making a significant impact. He asked for the
rationale. Mayor Randels explained that previous history allowed a developer to pay
after a unit is sold and at times a building is not completed. Mr. Morgan stated that he
believed the County requires paying impact fee prior to obtaining a Certificate of
Occupancy (CO). Mr. Nicholas related that at one time developers were securing CO's
one unit at a time. Mr. Morgan asked what type of building Mr. Young had in mind. Mr.
Young responded that he planned for three, five -story buildings. Mr. Reid explained that
a CO cannot be issued on a unit with no address. Mr. Boucher will research with other
cities and the County on this process.
A motion was made by Mr. Weber and seconded by Mr. Treverton to extend the time of the
meeting to 10:15 P.M. The vote carried on the motion 5 - 0 with voting as follows: Mr.
Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and
Mr. Weber, For.
• Mr. Young asked how long before feedback could be expected. Council responded that
this item would be placed on the next agenda.
• Mr. Gene Petry expressed his desire for the Manatee existing park to remain a park
for people use and hoped that the City could find some vacant area for a dog park.
2. Staff
Mr. Reid
• Mr. Reid reported that on March 1s the new Code went into effect. He also reported
52 permits logged in and of the 52 there are 12 -five story buildings and a total
approximated valuation of better than $50 million.
City Clerk
• Mrs. Stills thanked Mayor Randels and Mayor Pro Tem Petsos for their
participation in the Cape View student awards that acknowledged Ms. McCormick's,
6 Grade Class's efforts in eaming the Keep Brevard Beautiful Environmental Award for
the school.
City Attorney
• Attorney McQuagge reported that he, the City Manager and the Fire Chief met to
implement a plan on the fire code alarm establishing a four - tier plan.
• Attomey McQuagge briefly updated on the Interlocal agreement litigation with Cocoa
Beach, in that the past six months, Cocoa Beach has not accepted any water
although it is available. Additionally the City received an Attorney General opinion
C r; that summarized that private caucus could not be held during mediation, which is in
City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 13
Cr violation of Sunshine Law. Also, he received a letter from Attorney Gary Sack who i
requested a mediator although Attomey McQuagge had previously agreed with him to
use Dwight Severs. He is awaiting a response.
3. City Council
Mr. Morgan
• Mr. Morgan said that he spoke with Mr. Boucher in regards to having the Planning and
Zoning Board review Chapter 98, Subdivisions. He said that he would give Mr.
Boucher a sheet on it and see if he could get it on the Board agenda. He said that there
are some conflicts in the chapter. Mr. Morgan would draft a letter and submit it to Mr.
Boucher for Council's review. Mr. Boucher will place the item on the next Council
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agenda for discussion.
• Mr. Morgan inquired about Holman Road with Mr. Boucher in that he had received
complaints. Mr. Gardulski told him that within a week a load of shell or dirt would be
dumped to smooth it out and that has not been done. He said that he understood that
this is a County road that the City has not accepted.
• Mr. Morgan related that being in the Building Department over the last few weeks for
various reasons and he was amazed at how the staff could work. They need some
support
t i llitill
• Mr. Morgan said that he would like Council to workshop ways to get some water
back into the aquifer. Mr. Boucher said that he would obtain information from the Port
Ce on how to store excess reuse water. Mr. Morgan related how between the sidewalk and
the street, the water from the sidewalk that goes out to the curb with no treatment is
flushed through the outfalls. This water could be percolated back as secondary water for
flushing toilets and washing cars some years from now. He said that Council should
seriously consider this going into the stormwater plan. Mr. Morgan said that the
stormwater plan states that if you have an active stormwater system in place, some of
these regulations you do not need to follow. He noticed that on some of the newer
buildings, there are no depressed areas and there is room for percolation.
A motion was made by Mr. Weber and seconded by Mr. Treverton to extend the meeting time to
10:30 P.M. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber,
For.
Mr. Weber
• Mr. Weber thanked Chief Sargeant for the news article on the lower insurance rates.
• Mr. Weber related that an acknowledgement for Todd Howard would be appropriate.
• Mr. Weber also thanked the Council for the award to Keep Brevard Beautiful at the
previous meeting.
Mr. Treverton
• Mr. Treverton related that Brevard Community College has a new aerospace
program of which he participates as a teacher.
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City of Cape Canaveral, Florida
City Council Regular Meeting
March 5, 2002
Page 14
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos asked why palm trees are being installed in the location for
potential sidewalks. Mr. Boucher said that he would remind Mr. Gardulski to maintain
an area for sidewalks. Mr. Morgan related another issue that on some comers there are
trees in the 25 -feet direction that are over 2 -feet high, not n the City's clearance and
block the view.
• Mayor Pro Tem Petsos inquired about the signs for presidential streets. Mr. Boucher
would remind Mr. Gardulski during staff meeting
• Mayor Pro Tem Petsos inquired about the traffic safety officer grant and said that the
City is required to apply. Mr. Boucher stated that if the City wants to hire additional
people, the Sheriffs department must apply. However, if the City wants equipment then
the City would apply. Mr. Boucher will speak with Commander McGee at staff meeting.
• Mayor Pro Tem Petsos Inquired about the daily status reports. Mr. Boucher related
that Commander McGee would forward reports on noteworthy items.
• Mayor Pro Tem Petsos clarified that the Wednesday- Friendsday is at the Radisson.
Mr. Boucher explained that there was some miscommunication on the date and also the
Radisson is also requesting a cost sharing on the food.
Mayor Randels
• No report.
A motion was made by Mr. Weber and seconded by Mr. Morgan to adjoum the meeting. Motion
carried una • s •
„roe,
Caw
Rocky Randels, MAYOR
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