CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
February 1, 2005
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Mayor Pro Tem
Council Member Steve Miller
Council Member Jim Morgan
Council Member
Mayor Rocky Randels
OTHERS
PRESENT:
City Manager
Assistant City Attorney Kate LaTorre
City Clerk
Recreation Director
Building Official Todd Morley
PRESENTATION:
Ms.
Carole Lamance of the Florida Space Authority addressed the Council and
requested their support and partnership. The Florida Space Authority plans to
build a commercial spaceport for small to medium-size boosters in Cape Canaveral.
Ms. Lamance said that a feasibility study is the first step in the planning
process at a cost of approximately $110-to $140,000 of which the Space
Authority has acquired 50 percent. Ms. Lamance said that the Florida Space
Authority hoped to use excess property at the Kennedy Space Center for their
concept plan. She replied to Mr. Morgan that NASA’s feedback is favorable
toward commercial space flights.
Mr. Petsos expressed his
concern that use of the Air Force range would require a lengthy bureaucratic
process to obtain authorization. Ms. Lamance replied to Mayor Pro Tem Hoog that
the plan is to build a spaceport boosters within the requirements of the
standing port for use similar to that of an airline. The plan would provide
economic benefits to the spaceport and for those needing the service. She
replied to Mayor Pro Tem Hoog that the Space Authority anticipates
approximately $2- to $5,000 from the cities. Discussion followed on the
competitive aspects of commercial space flights. Ms. Lamance related that there
are two local universities currently working on booster flights to the edge of
space. She replied to Mayor Randels that commercial space tourism is
forthcoming. Mr. Petsos concluded that the Space Authority would also need the
State’s legislative support.
CONSENT AGENDA:
1. City Council
Regular Meeting Minutes of January 18, 2005.
2. Outdoor
Entertainment Permit for the Manatee Sanctuary Park Dedication.
3. Renewal
of Inmate Labor Contract with the Florida Department of Corrections in the
Amount of $50,307.95.
Mayor Randels asked
if any member of Council, staff or interested party desired to remove any items
from the Consent Agenda for discussion.
No request was made
to remove an item for discussion.
A motion was made
by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Consent Agenda
Items No. 1 through 3. 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.
CONSIDERATION:
4. Motion
to Approve: Mutual Aid Agreement with
the Brevard County Sheriff’s Department.
Mr. Boucher explained
that this Mutual Aid Agreement would formally establish Jack Parker as the
newly appointed Sheriff for authorization purposes. Mr. Boucher affirmed that
this mutual aid agreement would maintain procedures for assistance from the
Brevard County Sheriff’s Office.
A motion was made
by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Mutual Aid Agreement with the Brevard
County Sheriff’s Department.
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.
RESOLUTIONS:
5. Motion to Adopt: Resolution No. 2005-04; Authorizing the Mayor
and the City Clerk to Execute the Final Re-Plat for Ocean Gardens – Wave Four,
James E. Morgan, Applicant.
Mayor Randels read
Resolution No. 2005-04 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPROVING
THE FINAL RE-PLAT OF “OCEAN GARDENS – WAVE FOUR”; AUITHORIZING THE MAYOR AND THE CITY CLERK TO
CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Morgan abstained from voting due to financial interest. Mayor Pro Tem
Hoog also abstained due to his involvement with the project.
A motion was made by Mr. Petsos and seconded by Mr. Miller to Adopt
Resolution No. 2005-04. The vote on the motion carried 3-0 with voting as
follows: Mr. Miller, For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES: Second Public Hearing:
6. Motion
to Adopt: Ordinance No. 01-2005:
Repealing In Its Entirety Chapter 40, Article II, Human Rights, at second
reading.
Mayor Randels read Ordinance No. 01-2005 by
title.
AN ORDINANCE OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY
CHAPTER 40, ARTICLE II, HUMAN RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE
CODE AND AN EFFECTIVE DATE.
There was no public comment.
A motion was made
by Mr. Petsos and seconded by Mr. Miller to Adopt Ordinance No. 01-2005 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.
7. Motion
to Adopt: Ordinance No. 02-2005: Imposing a 60-Day Moratorium on Issuing Land
Clearing Permits in the City, at second reading.
Mayor Randels read Ordinance No. 02-2005 by
title.
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60-DAY MORATORIUM
ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA;
INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE LAND CLEARING
PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY
COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels stated
for the record that two Sections in the ordinance were amended since the first
reading: 1) a new Section II that specifically exempts certain persons from the
moratorium, those in the process of having their site plans approved, and 2) a
new Section III that creates a waiver provision to encourage those that are
exempt from the moratorium to preserve trees. For a point of clarification,
Mayor Randels read from the January 18th meeting minutes and asked
the Building Official if what was recorded was indeed correct. He read as
follows, “Attorney Garganese stated that two issues apply: 1) if the permit is
in hand and construction has begun, then construction would proceed, and 2) if
some form of application was submitted prior to the January 13th
meeting, then that application would proceed. Mr. Morley replied to Mayor
Randels that the Preliminary Site Plan review is the beginning point in the
process. It is a meeting that involves the staff, the site engineers and the
developer. Mr. Morley affirmed for Mayor Randels that no other new preliminary
site plans were identified as of 60 days prior to January 13th.
Mr. Morgan stated
that he might have a possible conflict and could not vote on this issue. Mr. Morgan asked legal counsel what
constituted a vested right if a person chose to replat their existing property.
He pointed out that retaining some of the large oaks might place homeowners in
jeopardy due to lightning strikes and wind damage. Ms. Latorre replied that
vesting means a permit in hand and also said that anyone coming to staff within
60-days of the moratorium was exempted.
Mr. Morgan questioned how amendments to the ordinance would affect a
future re-platted site plan. Ms. Latorre replied that any re-plat applicant
would have to wait for the results of the moratorium. Mr. Morgan expressed his
overall favor with the moratorium. Mr. Boucher informed that Mr. Morley planned
to present nine issues to the Planning and Zoning Board regarding the land
clearing and tree preservation Code sections. Ms. Latorre stated at this time
that Mr. Morgan could participate in the vote on the issue.
A
resident inquired about the land cleared north of Canaveral Beach Blvd. Mayor
Randels replied that the current City code allows the developer to remove any
trees within the footprint. Mr. Morley replied to a resident’s question that a
site plan and landscape plan are submitted to the Building Department and
mitigation is established and noted on the landscape plan. Once the land
clearing company performs their work, a City inspection is performed to ensure
that the trees that were identified for preservation are saved. He stated that
a penalty of $250 per inch of tree is applied if the developer does not adhere
to tree preservation noted on the landscape plan. Mr. Morley replied that some
trees still remain on the project’s periphery.
A motion
was made by Mr. Morgan and seconded by Mr. Petsos to Adopt Ordinance No.
02-2005 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:
8. Review
Process for Site Plans.
Mayor Randels
remarked that a comparative of what is done by way of Site Plan review was
submitted in the Agenda Packet. Mr. Petsos stated that he would prefer to see
Council as the accountable and responsible final authority in the Site plan
review process. He requested that this item be placed on the next City Council
meeting agenda for further discussion. Ms. Latorre stated that legal counsel
could draft a proposed ordinance that would change the Code to reflect that the
Council has the final review and the Planning and Zoning Board would remain in
an advisory capacity. Council directed legal counsel to draft said ordinance.
REPORTS:
1. City
Manager
·
Mr. Boucher reported that Ms. Hanson has
been working with Ms. Sharon Horton, Cape View School Principal, regarding a
perimeter fence around the school in order to keep the playground open
after school hours. If the cost is within his spending authority, he requested
Council for permission to acquire the fencing.
·
Mr. Boucher reported that the County
plans to draft a Code on Vacation Rentals in residential areas.
·
Mr. Boucher reported that he received a
response from the County Attorney on the Emergency Services issue. He
stated that the County is assessing the impact to the remaining Brevard
municipalities if Palm Bay secedes from the Emergency Services system.
·
Mr. Boucher reported that AJT made an
offer to relocate the Sheriff’s Office into their proposed facility. He
also reported that U.S. Customs and the Florida Department of Law Enforcement
are relocating and might also be possible facilities for relocating the
Canaveral Precinct. Discussion resulted in retaining the City Hall complex.
·
Mr. Boucher inquired about a date for the next
Code Review meeting. Council agreed to February 15, 2005 at 5:00 P.M.
Mr. Boucher replied that the Building Official compiled (9) issues for the
Planning and Zoning Board to review during their February 9th
meeting.
2. Staff
Building Official
·
Mr. Morley provided a report of local
construction in Brevard County from the Homebuilders and Contractors
Association for both number of residential units and construction valuation
wherein the City of Cape Canaveral ranked fifth.
·
Mr. Morley reported that the Residence
Inn site plan was approved.
Recreation Director
·
Ms. Hanson requested Council’s help with
preparing food for the Manatee Sanctuary Park Grand Opening.
Public Works Director
·
No report.
City Clerk
·
No report.
Assistant City Attorney
·
No report.
AUDIENCE TO BE HEARD:
·
There was no public comment.
3. City
Council
Mr.
Petsos
·
Mr. Petsos asked if there were any
interest in 24-hour, 7-day desk support in the Canaveral Precinct. Council
members expressed their support.
·
Mr. Petsos asked if the County
Commissioner planned to provide the City with any funding in light of the
$3.2 million in revenue. He expressed that $70-to 80,000 for playground
equipment was minimal compared to the revenue. Mr. Boucher suggested sending a
formal letter to the County Commissioner to request funding for playground
equipment and roadway paving. The letter would propose that the City would
resume ownership of Ridgewood Avenue and Central Blvd subsequent to the County
paving and resurfacing.
·
Mr. Petsos inquired about the North
Atlantic Avenue Transportation Study. Mr. Gardulski replied that
information was submitted and results are forthcoming. He said that he is also
working on a turn lane for Central Blvd. & State Road A1A.
·
Mr. Petsos commended the Public Works on the
Sea Oat Plants coordination. An installation project is planned for February
19th at 8:00 A.M. Mr. Gardulski said the he would continue with plans for
another Sand Fence project.
Mr.
Miller
·
No report.
Mr.
Morgan
·
No report.
Mayor
Pro Tem Hoog
·
Mayor Pro Tem Hoog expressed his favor with
the school fence project.
·
Mayor Pro Tem Hoog reported on transient
activity at the Manatee Sanctuary Park area.
Mayor
Randels
·
Mayor Randels announced existing Board
vacancies.
·
Mayor Randels announced that the Chamber of
Commerce is looking for volunteers at the Seafest on March 11th
through March 13th.
·
Mayor Randels reported on a merger of the
Space Congress and the Cape Canaveral Space Port Symposium under the
Symposium name.
·
Mayor Randels reported on the success of the
40th Annual Jazz Fest at the Radisson and its positive
feedback from WFIT.
·
Mayor Randels read a commendable letter
from R. Jerry Korte of Prudential Star Real Estate.
·
Mayor Randels reported that the Space
Coast Area Transit [SCAT] now has designated stop signs. He also reported
that the SCAT has two new vans that are of curb height to accommodate the
physically disabled.
·
Mayor Randels remarked on the newly
distributed Hometown News and the successful coverage for the City.
·
Mayor Randels stated that he is working
with the Girl Scouts of Orlando and Cape Canaveral was chosen to promote
their annual Cookie campaign.
·
Mayor Randels related that due to
inattentiveness of its City Council Members,
the 2nd District Court of Appeals in Los Angeles established
that a City Council’s duty is to listen to testimony or risk violating
citizens’ due process.
ADJOURNMENT:
A motion was made by Mr. Morgan and seconded by Mayor Randels to adjourn
the meeting at 8:35 P.M. Motion carried unanimously.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK