CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
July 19, 2005
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council
Members Present:
Council Member Burt
Bruns
Mayor Pro Tem Bob
Hoog
Council Member
Council Member Buzz
Petsos
Mayor Rocky
Randels
Others Present:
City Manager
City Attorney Anthony
Garganese
City Clerk Susan Stills
Public Works Director
City Planner
CONSENT AGENDA:
1.
City Council Regular Meeting Minutes of June 21,
2005.
2.
Bray, Beck and Koetter One-Year Renewal of Audit
Services.
3.
Proclamation in Recognition of the Annual National
Night Out.
4.
Approval of a Special Outdoor Entertainment Permit
Application for the National Night Out.
Mayor Randels asked if any Council Member, staff or
interested party requested to remove any of the Consent Agenda Items for
Discussion.
No request was made to remove any of the items for
discussion.
A motion was made by Mayor Pro Tem Hoog and seconded
by Mr. Bruns to Approve Consent Agenda Items 1 through 4. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr.
Petsos, For and Mayor Randels, For.
Mr. Ed Beck expressed his thanks to the Council for
the opportunity to provide auditing services for another year.
CONSIDERATIONS:
5. Motion
to Approve: Voting Delegate to the
Mayor
Randels explained that the Voting Delegate would represent the City on League
issues during the Annual Conference in August.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Mayor
Pro Tem Bob Hoog as the Voting Delegate to the Florida League of Cities
Annual Conference from August 18 – 20, 2005. The
vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels,
For.
6. Motion to
Approve:
Mr.
He
noted under Item 3.3, “a separate zone branched off the reclaimed line.” He also noted that the contract should state
that the City would maintain the area.
Mayor Randels clarified that the City signed off; however changes were
made in the interim. He clarified
further that this agreement was for equipment storage while staging
construction to result in the developer providing landscape for a public park.
Mr.
Petsos expressed that he could not approve the Agreement unless parking spaces
were provided. Mr. Gardulski replied to
Mr. Morgan that the right-of-way is 50-feet.
He suggested bumper stops for a drive up. Mr. Gardulski stated that the Agreement did
not call for parking; however, the City could develop the park at its
discretion. Council members expressed the desire to establish parking at the
Mayor
Randels stated that as one of the City’s criteria for site plans the City
agreed that the level of service is for 2 acres of park land per 1,000 people. There are 24 acres of existing park land. Mr.
Mr.
Ray Osborne asked if this parking lot would make way for new development. Mayor Randels replied that the development
has already occurred and explained that the developer used the park to stage
construction and as a result the developer would provide landscaping for a
public park. Mr. Bill Patrick, of Benko
Construction, stated that Benko Construction proposed the public park concept,
the original drawing came from their landscape architect and the park was never
intended for the condominium residents only.
Mr. Osborne asked if landscaping would involve any pesticides or runoff
into the
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve
the Center Street Landscape Plan to Include Four Parking Spaces Total with One
Handicap Parking Spaces and a Sign. The
vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor
Randels, For.
7. Motion
to Approve: Appointment of a School
Impact Fee Advisory Committee Representative.
Mayor Randels explained that the County and the School Board are
requesting a representative to participate on a Committee on Impact Fees collected
that affect their school district. Mayor
Pro Tem Hoog nominated Mr. Buzz Petsos as the City’s Representative. Mr. Petsos
expressed an interest to serve. Mr.
Boucher informed from his experience the Impact Fee Advisory Committee meetings
would be held on an as-needed basis.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Approve the Appointment of Mr. Buzz Petsos as the Representative to the School Impact Fee Advisory Committee. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor Randels, For.
8.
Motion
to Approve: Final Site Plan for Casa
Bonita,
Mr.
Morgan reported that he completed a Conflict of Interest form with the City
Clerk. Mayor Randels clarified the
project location as the southeast corner of
Mr.
Ray Osborne asked if the figures for this project are compiled after the Solana
on the River project. Mayor Randels
explained that when a Building Permit is issued the capacity is subtracted and
whatever is left is the remaining available capacity. Mr. Osborne asked about
the pipes coming on line at this time without occupancy. Mayor Randels replied that there are no actual
figures for unoccupied buildings the data is based on projected usage. Mr. Osborne stated that a major condominium
project would put a strain on the public services. Mr. Morgan replied that as
the permits are issued, that capacity is deducted. He explained that for those projects in
question, the permits were issued over one year ago.
Mayor
Randels said that another development item is solid waste which is adequate and
the County did not see any deficiency in solid waste disposal, environmental
studies and soil samples were performed and no known wetlands were found, flood
plains endangered species were checked, there were no historical and
architectural resources on this site, the population projection and trends were
also studied. The average number of
units in this development would have 2.37 persons per unit or nine to ten
people and would not adversely affect the City’s population projection. All organizations
involved in the development are required to sign off. If any of the
requirements were not met, a moratorium would be placed on development until
that one problem is corrected.
Mr.
Osborne stated he spoke to Dr. Ross McCluney who provided the following quote
“If all the City and County Comprehensive Plans were built out to the maximum
permitted in
Mayor
Randels concluded that the Comprehensive Plan provides a guideline and many
authorized parties review development requirements. Mr. Osborne said that in light of the
upcoming review of the Comprehensive Plan he had hoped that the City could slow
down development until that time. Mr. Petsos stated that the City meets most of
its concurrency issues; unlike the Port who is allowed to develop without
requirements. Mayor Pro Tem Hoog
encouraged Mr. Osborne to seek out his State legislator.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve
the Final Site Plan for Casa Bonita,
ORDINANCES: First Public Hearing:
9. Motion to Approve: Ordinance No. 13-2005; Amending Chapter 50-4,
Overnight Camping Prohibited, at first reading.
Mayor Randels read the Whereas Clauses within the
ordinance.
Mayor Randels read Ordinance No. 13-2005 by title.
AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGULATING SLEEPING AND CAMPING UPON PUBLIC
STREETS AND SIDEWALKS, BEACH END STREETS, BEACH DUNE CROSSOVERS, BEACHES AND
PARKS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATIONS INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE.
Mayor Randels stated that if
any person is found camping or sleeping on public property under paragraph (f),
Enforcement and Penalties, “If a law enforcement officer or other
official encounters a person engaged in an activity prohibited by this section
and that person volunteers that he or she has no home or permanent shelter,
that person must be given an opportunity to enter a homeless shelter or similar
facility, if available. Mayor Randels said
that the Council encouraged law enforcement to transport these
individuals. Mayor Randels read that the
ordinance applies to private undeveloped property as well. Lt. Alan Moros, Canaveral Precinct, replied to
Mayor Pro Tem Hoog’s question that the closest place to transport an individual
is the Cedar Mission in the City of
Lt. Moros noted that the
Avon-by-the-Sea area had an ordinance to prohibit sleeping on the beach. Mayor Randels informed that the County has an
ordinance that states that it is unlawful for anyone to sleep or camp on the
beach between the hours of 10 P.M. and 5 A.M.
If that person refuses transport, then an arrest would occur. Lt. Moros replied to Mayor Pro Tem Hoog that
the need for transport has been minimal saying that most transients are
cooperative with law enforcement.
Mayor Randels stated that
aggressive construction has created opportunities for day workers looking for places
to take cover. Mayor Pro Tem Hoog pointed out that he desired to review this
issue during the Comprehensive Plan review.
He desired to relocate this type of usage. Discussion opened on Occupational Licensing
and permitted usage in C-1 Zoning. Mr.
Boucher stated that Ken Small of the Florida League of Cities affirmed that
Occupational Licenses are a tax and not a regulatory function. Mayor Randels summarized that at some time
the procedure might need a change for Occupational Licensing to come to the
Building Department first to check if the zoning is permissible. Discussion
concluded that the Council preferred a site specific location for some
occupations.
Mr. Petsos expressed concern with
the whereas that states “Whereas the City finds that the City is substantially
dependent on tourism.” He said that the City’s mission is a residential,
tree-lined community and he did not find it substantially dependant on tourism.
Mayor Randels asked if whereas could be stricken and would it weaken the ordinance. Attorney Garganese affirmed that the language
on tourism could be stricken. He stated
that there is one legitimate government purpose that would help enforce the
ordinance if challenged. Mayor Randels summarized that the clause would read,
“Whereas the City Council finds that the City’s well-being is substantially
dependant upon a high quality of outdoor life for its residents and visitors
which in turn, is dependent upon maintaining attractive and inviting beaches
and parks.
Mr. Petsos also referred to
Page 3 of 5 in the ordinance that prohibits sleeping on public beaches but not
private. Lt. Moros expressed concern
with private beaches and undeveloped lots.
He stated that undeveloped lots are regulated under trespass laws and
this person is being permitted to go to a homeless shelter. Lt. Moros stated
that a person should have expressed permission of the owner to stay on their
property. Attorney Garganese stated that
Subparagraph (f) could be amended to address this point and that the
requirements to sleep, eat or habitate on unimproved land would require a safe
structure. Mr. Ray Osborne inquired
about Spring Breakers who might sleep or camp out on the beach. Mayor Randels replied that this ordinance
would prohibit such activity for any person for the safety and well being of
residents. Attorney Garganese replied to
Mr. Petsos that he would add a finding to address private beaches.
A motion was made by Mayor Pro
Tem Hoog and seconded by Mr. Bruns to Approve Ordinance No. 13-2005; Amending
Chapter 50-4, Overnight Camping Prohibited, at first reading. The
vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Petsos, For and Mayor
Randels, For.
REPORTS:
1.
City Manager
·
Mr. Boucher inquired if the Council was ready for a
workshop for the new facility. Council
agreed to change the Budget Workshop Meeting to Thursday, July 28th at 4:00
P.M. and continue into the Facilities Plan Meeting at 5:30 P.M.
·
Mr. Boucher informed that he reviewed the Mermaid
Key mixed use project. He did not recommend approval at this time. Mr. Boucher stated that Administrative Rule
9J5 requires that the developer specify the density and intensity of the uses. The developer drafts calls for alternative
percentages of use. Mayor Pro Tem Hoog
expressed that the developer needs to comply with the requirements and said
that he is becoming disinterested in the project. Mr. Bruns questioned why the Council has to
make a Comprehensive Plan change based on Mr. Greene’s application. Attorney Garganese stated that the
developer’s application is deficient and has not met the requirements of law
for a mixed use district. The developer
is requesting a text amendment to the Comprehensive Plan to which the Council
has legislative discretion. Attorney
Garganese recommended that the application can return to the Local Planning
Agency for discussion. Mr. Peetz stated
that he had not worked with the developer in over a year.
Mr. Boucher stated
Mr. Greene has not designated which type of mixed use he plans to develop. Mr. Boucher stated that he is in favor of the
City’s existing Residential Planned Urban Development and if the developer
desires a Commercial component to make that intent known. Mr.
Attorney Garganese
stated that the developer desired to have the Comprehensive Plan policy changed
prior to presenting his intent. He affirmed that the Council has the legislative
discretion to make a decision. Attorney Garganese stated that the developer has
not agreed with the City as yet on the definition of a mixed use.
Mr. Boucher questioned if the Council really desired a mixed use development in
the City. The City Manager will
notify the developer of the deficiencies under Administrative Rule 9J5. Attorney Garganese stated that the City
Council should set the City vision, not the developer.
Mr. Donald Dunn
stated that the Planning and Zoning Board recommended a Development Agreement
that would specify the developer’s intent.
Mr. Boucher stated that the intent had to first proceed to the Florida
Department of Community Affairs prior to working on the specifics of the
plan. A question followed on the
proposed direct competition with established businesses that are within
regulation. Mr. Osborne asked if this
project were high or low density. Mayor
Randels responded that the residents decided by election on a maximum density of
15 units per acre that would not change.
·
Mr. Boucher informed of a letter from
·
Mr. Boucher encouraged Council to read the Quarterly
Reports.
·
Mr. Boucher informed that the County attempted to add
additional requirements to voluntary annexations. He explained that mainland communities
expressed concern and hoped to obtain Joint Planning Agreements with the County.
·
Mr. Boucher informed that City Attorney
·
Mr. Boucher reported on the upcoming School Board
meeting for the new playground at
·
Mr. Boucher reported that work began on the
·
Mr. Boucher asked if any Council member desired to
attend the Annual League of Cities Conference and that they should
contact his office for registration.
2. Staff
Public
Works Director
·
City Planner
·
Mr.
City Clerk
·
Ms.
Stills distributed the 2005 General Election calendar.
·
Ms.
Stills informed that Cpl. Brenda Deans would be an asset in helping to educate
the children on some the aspects of the School Crossing Guard program
such as Bike Helmet information and safe crossing.
City Attorney
·
Attorney
Garganese announced that he is a speaker at the
AUDIENCE TO BE HEARD:
·
Mr. Leo Nicholas asked if there were a policy
in the Waste Management Contract on deodorizing
and sanitizing the dumpsters. The City Manger’s office will contact Waste
Management.
·
Mr. Chic Demorall, owner of Funntasia, expressed
that of all places he has been he found City staff is diligent in
Occupational License and building control.
·
Mr. Ray Osborne requested a workshop meeting to address residential development. Mr. Peetz stated that the upcoming
Evaluation and Appraisal Report would solicit resident input as part of the process.
3. City
Council
Mr. Bruns
·
Mr.
Bruns commended staff on the
City’s fiscal responsibility and
the work done on the Budget.
Mr. Petsos
·
Mr.
Petsos also commended the staff
for their work on the Budget.
·
Mr.
Petsos spoke on funding from the
County. Mr. Petsos requested to review a breakdown of how the funds from
·
Mr.
Petsos inquired if there were any interest in the City to adopt an ordinance to
not take eminent domain
possession of property for the purposes
of economic gain. Attorney Garganese
explained that this legislation would allow for a City to take possession of
private property for economic redevelopment to include turning the property
over to a developer. Attorney Garganese
will draft an ordinance.
Mr. Morgan
·
Mr.
Morgan commended staff on the
Budget.
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog reported
that the Space Coast League of Cities Growth
Management Committee did not have time to properly
address the annexation issue.
·
Mayor Pro Tem Hoog expressed a
strong concern for more cities to
participate on the
·
Mayor Pro Tem Hoog commended
Mr. Boucher for his work on the Budget and nominated
him for City Manager and also th City Clerk for an
Award of the Year by the Florida League
of Cities. Staff will locate the
necessary nomination forms.
ADJOURNMENT:
There being no further business, the Chair
adjourned the meeting at 9:30 P.M.
________________________
Rocky Randels, MAYOR
____________________________