CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
March 15, 2005
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council
Members Present:
Mayor Pro Tem Bob Hoog
Council Member Jim Morgan
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Absent:
Council Member Steve Miller
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
Public Works Director Ed Gardulski
Building Official Todd
Morley
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of March 1, 2005.
2.
Agreement
with
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 Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1
and 2. The vote on the motion carried
4-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
3. Proposal
from Stottler, Stagg and Associates to Provide Engineering Support Services for
the Baffle Box Project in the Amount of $10,670.
Mayor Randels explained that this item is for baffle boxes at
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Proposal from Stottler, Stagg and Associates to Provide Engineering
Support Services for the Baffle Box Project in the Amount of $10,670. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
4. Motion to Approve: Police Service Contract Amendment.
Mayor Randels
explained that this item is a request for an expenditure of the contract funds
remaining from the previous year in an amount of $23,976. Lt. Alan Moros affirmed that a proposed Ford
Taurus is for an Agent. Lt. Moros explained
that an Intoxilizer would allow for Breath Testing on-site at the Precinct
without having to transport a suspect to
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve
the Amendment to the Police Service Contract Increasing the 2004/2005 Contract
Cost by $23,976 to $2,026,279 for the purchase of capital equipment. The
vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
5. Motion to Approve: Proposal from Stottler, Stagg and Associates
for Stormwater Grant Preliminary Engineering Design for the Beach Alleyway Area
Between Madison and
Mr. Gardulski
explained a cost benefit analysis to secure a target grant was low and he
requested to withdraw the item from consideration.
6. Motion to Approve: Proposal from Stottler, Stagg and Associates
for Stormwater Grant Preliminary Engineering Design Improvements located at
Orange and Buchanan Avenues in the Amount of $14,076.
Mr. Jeff Ratliff
stated that this project is targeted for FEMA funding and if selected FEMA
would pay for 75 percent of the cost and 75 percent of the engineering fees. He stated that the project has been inserted
in the 5-Year Capital Plan up through the 2006/2007 budget year. Stottler, Stagg and Associates would supply engineering
and survey drawings and preliminary activities.
Mr. Ratliff explained that the Hazardous Mitigation Grant takes a
proactive approach to identified flooding problems. Mr. Petsos noted that the
design detail would be essential even if the grant were not secured. Mayor Randels concluded that the item would
remain a budgeted item.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to
Approve the Proposal from Stottler, Stagg and
Associates for Stormwater Grant Preliminary Engineering Design Improvements
located at
7. Motion to Approve: Resolution No. 2005-08, Appointing a Regular
Member and Alternate Member to the Code Enforcement Board (G. Pestik and R.
Viens).
Mayor Randels read Resolution No. 2005-08 by
title.
A RESOLUTION APPOINTING
ONE REGULAR MEMBER AND ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Ray Viens was in
the audience and stated that he was interested in serving as a Regular Member.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve
Resolution No. 2005-08 Appointing a Regular Member and Alternate
Member to the Code Enforcement Board inserting the names of Mr. Viens As
the Regular Member and Mr. Pestik as the Alternate Member. The
vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
8. Motion to Approve: Bid Award No. 05-02; Landscaping and Mowing
Contract to Nick’s Lawn Service, Inc. in the Amount of $143,365.
Mayor Randels stated
that the Landscaping and Mowing Contract was bid on February 15th
and duly noticed. Two bids were received
for $194,245 and $143,365 respectively. Nick’s Lawn Service was the low
bidder. Mayor Randels informed that
Nick’s Lawn Service performed the previous contract for the past ten years with
the same pricing although City mowing locations have increased. For the record, Mayor Randels stated that the
amount of the total contract is for $143,365 and the bid is an open-end
contract.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve Bid Award No. 05-02 for the Landscaping and Mowing Contract to Nick’s
Lawn Service, Inc. in the Amount of $143,365.
The vote on the motion carried
4-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
9. Motion to Approve: Proposal from Wiring Technologies, Inc. for
the Replacement of a Sewer Force
Mayor Randels stated
that this force main replacement is a budgeted item. He stated that the City
bid the project and two bids were received. Mr. Walter Bandish, Assistant
Public Works Director, stated that this company is working a reclaimed water
project in the area at this time. Mayor
Randels stated that the asbestos and cement pipe is 39-years-old and replacement
was anticipated. Mr. Larry Moms, of Wiring Technologies, replied to Mayor
Randels that he anticipated 90-days for completion of the work. Mr. Bandish stated that service would not
discontinue while the proposed replacement took place approximately four-feet
from the original pipe.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve
the Proposal from Wiring Technologies, Inc. for the Replacement of a Sewer
Force Main in the Amount of $375,995. The
vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
10. Motion to Approve: Proposal from Brown and Caldwell for
Construction Support Services for the Sanitary Sewer Force Main Project in the
Amount of $9,986.
Mayor Randels
reviewed the proposal to include: field visits, data collection, engineering
design, permitting and bidding and construction management. Mr. Gardulski stated that he would obtain a
permit from the Florida Department of Transportation and
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to
Approve the Proposal from Brown and Caldwell for
Construction Support Services for the Sanitary Sewer Force Main Project in the
Amount of $9,986. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
11. Motion to Approve: Voluntary Annexation Request for the
Properties Located at 432, 434, 436, 438 &
Mr. Charles Hinkley of
My Place Realty requested this voluntary annexation. Mayor Randels stated that
the request was received on December 16, 2004, and first discussed on January
18, 2005 with subsequent research provided by the City Planner. Mayor Randels
stated that the estimated cost of annexation is approximately $10,000. The City
Manager did not recommend the annexation and Council members expressed their
agreement with that recommendation. The Council directed the City Manger to
notify Mr. Hinkley that there was no desire for this voluntary annexation since
it would create a problematic situation for police and fire assistance and in
essence a public safety concern. Mr.
Hinkley’s mother was present in the audience and spoke on his behalf.
No City Council action was taken on the Voluntary Annexation Request for
the Properties on
ORDINANCES:
12. Motion to Approve: Ordinance No. 03-2005; Amending Chapter 110,
Zoning; Amending the Procedure by Which Site Plans are Reviewed and Approved;
Granting the City Council Final Decision-Making Authority Regarding Site Plan
Applications, at first reading.
Mayor Randels read Ordinance No. 03-2005 by
title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF
ORDINANCES, ZONING, AMENDING THE PROCEDURE BY WHICH SITE PLANS ARE REVIEWED AND
APPROVED; GRANTING THE CITY COUNCIL FINAL DECISION-MAKING AUTHORITY REGARDING
SITE PLAN APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
By way of history, Mayor Randels informed
that a Council member presented this item on November 30, 2004 after which time
City Council formally discussed the item on February 1, 2005. On March 1st,
City Council approved the item to proceed to the Planning and Zoning Board for
review. The Board reviewed the item at its meeting on March 11th and
submitted recommendations into this meeting’s packet. Mayor Randels expressed some
of the Planning and Zoning Board’s concerns as: 1) the review might involve
additional time, 2) the new process would involve an additional expense to the
City in staff time and 3) the Council might not give the proper review to the
site plan.
The City Attorney
expressed the concern that property rights have placed additional
responsibilities on the City for site plan reviews. The Council could enter
into an agreement toward development that would afford benefits to both the
City and the applicant. Mayor Pro Tem Hoog expressed his concern with delaying
a builder’s construction progress. He
suggested that the Council meet immediately following a Planning and Zoning
Board meeting to expedite plans review. Mr. Petsos replied that as Elected
Officials, the Council should have the final decision. He also expressed that
due to the provisions in the land clearing ordinance to amend the site plan
footprint, he would want the Council to be able to provide input. Council
discussion concluded that a two week review process would not cause an undue
hardship.
Ms. Helen Filkins informed that the Building Official, by authority of
the Standard Building Code, was the only person with the qualifications to make
site plan decisions. Mr. Morgan explained
the Building Official reviews the site plan for compliance, however the ordinances
that affect the requirements are the decision of the City Council. Attorney Garganese stated that the City
Council can have final site plan authority and the Building Official has final
permitting authority on building construction. He stated further that site plan
approval deals with many issues that are not within Building Code but City code
requirements. Mr. Todd Morley stated
that the Building Official approves the development permits after review from
the Board and the Council. Attorney
Garganese stated that site plans are quasi-judicial in nature and due process
has a better opportunity in an open public meeting. Ms. Shannon Roberts thanked the Council for
this additional step in the process.
Mayor Randels read some of the provisions of the ordinance that embodied
Council’s overall intent: 1) to hold themselves accountable to the Cape
Canaveral citizens for development projects and 2) to have the Planning and Zoning
Board continue to recommend approval, however, the Council would have final
approval authority in an effort to assume responsibility to the citizens. Mr. Morley pointed out the logistics of transcribing
the minutes and posting agendas in order for the Council to review site plans. Mr.
Boucher pointed out that only the minutes to the specific item were needed. Mr.
Donald Dunne reminded that holidays might also delay the process. Mr. Boucher
recommended informing the applicant of the time constraints when the
application is received. Attorney Garganese replied to Mayor Randels that any
appeal regarding the Council’s decision would proceed to the Circuit Court. Mayor Randels noted that the City Clerk would
provide written notice to the applicant of action taken by Certified Mail which
is currently done by the Board secretary.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 03-2005 with the recommendations from the March 9, 2005
Planning and Zoning Board for Second Reading. The vote on the motion carried
4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr.
Morgan, For; Mr. Petsos, For and Mayor Randels, For.
13. Motion to Approve: Ordinance No. 04-2005; Amending Chapter 110,
Zoning; Providing a Limited Exemption for Vehicle Rental Facilities with
Limited Outdoor Storage; Providing a limited Exemption for Rental Facilities
Leasing Scooters and Other Like Devices from Certain Vehicle Rental Facility
Requirements, at first reading.
Mayor Randels read Ordinance No. 04-2005 by
title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING,
OF THE CITY CODE; PROVIDING A LIMITED EXEMPTION FOR VEHICLE RENTAL FACILITIES
WITH LIMITED OUTDOOR STORAGE; PROVIDING A LIMITED EXEMPTION FOR RENTAL
FACILITIES LEASING SCOOTERS AND OTHER LIKE DEVICES FROM CERTAIN VEHICLE RENTAL
FACILITY REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
Mayor Randels
reviewed the ordinance history that on November 8, 2004, the item came before
the Board of Adjustment. The Planning and Zoning Board reviewed the item on January
12th and 26th and on February 9th and 23rd
and submitted a recommendation letter on February 25th. For the
record, Mayor Randels read some of the provisions in that the City Council
desired to clarify its intent in Section 110-556 of the City Code to provide
exceptions to the Code Section and it was not intended to restrict locations of
scooter leasing. The City Council
believes that promoting scooter leasing will promote tourism and economic well
being and the City finds this ordinance to be in the City’s best interest of
its citizens. The core of Code Section 110-556 states that, “this definition
shall not include those vehicle rental facilities which limit outdoor storage
to five or less motorized scooters or other similar devices as described in
subsection (c) of this section.”
The ordinance
failed at the First
RESOLUTIONS:
14. Motion to Adopt: Resolution No. 2005-09; Extending the Land
Clearing Moratorium for Thirty (30) Days Until May 2, 2005.
Mayor Randels read
Resolution No. 2005-09 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, EXTENDING
THE LAND CLEARING MORATORIUM FOR THIRTY (30) DAYS UNTIL MAY 2, 2005; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Leo Nicholas asked
if the moratorium were in effect at this time and inquired about the activity
in Treasure Isle development. Mr. Morley
responded that Mr. Martin Greene had no site plan or permits; however, Mr.
Greene requested to remove Brazilian pepper trees from his development site. Mr. Morley agreed in that pepper trees are a
nuisance species. Mr. Morley affirmed to
Mr. Nicholas that a tree survey was performed.
Mr. Morley affirmed that more than pepper trees were removed and Mr.
Greene’s action is currently under investigation with Code Enforcement. Mr. Morley replied to Mayor Pro Tem Hoog that
Mr. Greene was reported to have removed 106-Diameter Breast Height of protected
species and he ordered him to cease any further landscape removal. Mr. Shawn Schaffner inquired about several palm
trees on the Residence Inn development site.
Mr. Morley replied that the developer lawfully obtained a land-clearing
permit.
A motion was made
by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No.
2005-09. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
15. Residential
Density.
Mayor Randels
prefaced that this is a discussion item on lowering density that came about at
a recent joint Workshop Meeting between the Council and Planning and Zoning Board.
The City Manager asked the City Planner to compile and submit a list of recent
developments and their density requirements. Mayor Randels summarized that the
overall average density within that past two years was 10.68 units per acre. Mr.
Petsos said that this issue was relevant to redevelopment on the Presidential
streets. Mayor Randels requested that that the Planning and Zoning Board get a
copy of the list. Mr. Morgan expressed
concern with creating a legally non-conforming situation.
Ms. Helen Filkins
stated that density could not be lowered under the Fourteenth Amendment, Equal
Protection. In 1973, the City attempted
to lower density by referendum. A case evolved entitled Helen Filkins versus Shuford
Mills and Cevesco, Inc. and the case proceeded through the Courts up to Florida
Supreme Court, however it lost. The Courts stated that a municipality could not
lower density by referendum. However, she stated further that her legal counsel
informed her that the United States Supreme Court had overruled the Ohio State
Supreme Court in the case of Forest City Enterprises and allowed for lowered density. Ms. Filkins informed that the City of
REPORTS:
1.
City Manager
·
Mr. Boucher announced that the City Clerk,
Susan Stills, achieved Level One in the International
Institute of Municipal Clerk’s
·
Mr. Boucher read a letter from our
·
Mr. Boucher reported on the cart system conversion. He informed that one
96-gallon truck would perform the work.
He stated that Waste Management would perform a direct mail-out to the
residents to report on the conversion. Mr. Nicholas asked if the number of
pick-up days would change. Mr. Boucher
responded that he would invite a Waste Management representative to a Council
meeting to answer questions. Mr. Petsos
recommended that the City Manager contact the City of Lake Mary who is using
the cart system.
·
Mr. Boucher reported that he received an
invitation from the Brevard County School Board to participate in discussion on the qualifications for a new school principal at the
·
Mr. Boucher informed that he received a letter from the County to notice an ordinance to increase
Transportation Impact Fees to request an Interlocal Agreement on the Library
System. The County would hold a series
of public hearings. The first Public Hearing is on April 26th, a
Local Planning Agency meeting on March 21st and their goal is to
have the ordinance in place by May 15th. The City would be asked to sign an Interlocal
Agreement for Library Services.
·
Mr. Gardulski contacted the Florida Department
of Transportation regarding a north left turn lane on State Road A1A and
·
Mr. Boucher informed that he received a traffic
access management report from Luke Transportation. He would plan for a meeting in April.
·
Mr. Boucher distributed a memo for status
reports from staff on the City’s 2004/ 2005 Goals and Objectives.
2.
Staff
Public Works Director
·
Mr. Gardulski announced a meeting with Solana on the River at the Club House on March 16th at 7
P.M. regarding Baffle Boxes.
City Clerk
·
Ms. Stills thanked Mr.
Boucher for recognition of her achievement and stated that
Mr. Boucher promotes continuous improvement for all of staff.
·
Ms. Stills reported that the City would have three available School Crossing Guards to assist with the Summer Session.
City Attorney
·
No report.
Building Official
·
Mr. Morley reported on a meeting with the
·
He also reported on future meetings with the
AUDIENCE TO BE HEARD:
·
Mr. John Gonruff commended the
Council on the
·
Ms. Shannon Roberts asked about the land just north of
·
Ms. Roberts also asked if there were a location for recognizing
Mr. Morley responded that the facilities committee suggested incorporating this
concept into the lobby area of a proposed City facilities plan.
3. City Council
Mr. Petsos
·
Mr. Gardulski responded to Mr. Petsos that there would be a meeting
in City Hall Annex on Thursday, March 17th at 2:00 P.M. on beach
re-nourishment.
·
Mr. Petsos spoke on illegal sewage dumping from the gaming ships. He stated that correction is needed and asked
the City Manager to contact Canaveral Port Authority on who could best address
this issue.
·
Mr. Petsos inquired about the BellSouth
line locations. Attorney Garganese forwarded
a letter noticing they were in violation of their Franchise Agreement; however,
there was no response at this time.
·
Mr. Petsos asked about the status of the school fencing project. Ms.
Hanson will access a County Joint Use Agreement in order to draft one for the
City. Mr. Boucher replied to Mayor Pro
Tem Hoog that there would be no after-hours parking on the school grounds.
·
Mr. Petsos asked if Commissioner Pritchard would supply any County funding for the park playground
equipment. Mayor Randels
replied that a specific funding amount for the equipment may gain the County’s
support.
Mr. Morgan
·
No report.
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog reported that he attended the Brevard County School Summit
that provided a forum for
·
Mayor Pro Tem Hoog also reported that the
·
Mayor Pro Tem Hoog reported that the issues for the upcoming Legislative days will be annexation and controlled growth.
·
Mayor Pro Tem Hoog asked about the proposed
landscaping on
`Mayor
Randels
·
Mayor Randels thanked Mayor Pro
Tem Hoog for serving on the Brevard County School Summit and for his
excellent preparation of notes for Council on the items discussed.
·
Mayor Randels announced the Blood
Drive for Ms. Marianne Huston at the
·
Mayor Randels stated that Ms.
Judy Kersey was being inducted into the Women’s Hall of Fame in
·
Mayor Randels reported that every
Tuesday during the Legislative Session at 8:00 A.M. the League of Cities hosts
a call-in teleconference on current legislation that will affect the cities.
·
Mayor Randels reported on a Wednesday
Night Forum at
·
Mayor Randels announced that Cape
Canaveral will host the
·
Mayor Randels distributed pamphlets acquired from the Space Coast League
of Cities on the Brevard County Teen
Court. Mayor Randels informed that 1,100
teens have gone through the
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 9:45
P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK