CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

August 16, 2005
7:00 PM

MINUTES

CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M.

ROLL CALL:

Council Members Present:

Council Member Burt Bruns

Mayor Pro Tem Bob Hoog

Council Member Jim Morgan

Council Member Buzz Petsos

Mayor Rocky Randels

Others Present:

City Manager Bennett Boucher

City Attorney Anthony Garganese

City Clerk Susan Stills

Public Works Director Ed Gardulski

Building Official Todd Morley

PRESENTATIONS:

Brevard Tomorrow, Geo Ropert, Director

Mayor Randels introduced Mr. Geo Ropert, Brevard Tomorrow Director, who introduced Ms. Kristin Bakke, President and CEO of Leadership Brevard, Inc., an affiliate organization of Brevard Tomorrow. Mr. Ropert presented a video of the elements in Brevard Tomorrow’s mission. Brevard Tomorrow was formulated in 2001 to gain control over the development of the Brevard County Community. Mr. Ropert reviewed the five issue areas of: Civic Infrastructure, Economy, Education and Workforce, Governance and Land Use and Growth.

The Civic Infrastructure means creating civic pride such as that of the Citizen’s Academy that helps residents become engaged and involved in their community. He explained how Brevard Tomorrow through its Economy Project Team hoped to attract and retain young professionals in the community through networking opportunities. This Team worked to develop recruiting businesses into the community with assistance from the Economic Development Commission. The Education and Workforce Development Team established a Career Readiness Program that outlined guidelines on what businesses require. The Governance Project Team works to coordinate County and municipal governments through shared services for cost-savings.

Lastly, Mr. Ropert explained how Smart Growth helps the community to develop in a positive direction based on the seven principles of: Community Involvement, Community Identity, Economics and Land Use, Environmental Quality, Housing, Mixed Land Use and Responsive Government. Mr. Ropert concluded that Brevard Tomorrow would continue to work through its project teams until the broad scope of the strategic plan is realized. Mr. Ropert asked that the Council continue to provide financial support and renew its annual donation of $1,536. He thanked the Council for the opportunity to make his presentation.

Mr. Ropert announced Brevard Tomorrow’s Third Annual event at the Maxwell C. King Center on August 25^th at no charge. Mayor Randels concluded that the City’s accomplishments were influenced by what was done through a previous Council in 1995 and the vision of Brevard 2005. Mayor Randels also explained how mutual aid agreements among governments have helped the City to manage expenses. Mr. Ray Osborne announced that he and Mr. Geo Ropert will have a Smart Growth Principles meeting at the Cape Canaveral Library on August 27^th.

CONSENT AGENDA:

1. City Council Regular Meeting Minutes of August 2, 2005.

2. Resolution No. 2005-22; Appointing Shannon Roberts as an Alternate Member to the Business and Cultural Development Board.

3. School Resource Officer Agreement with the City of Cocoa Beach.

Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion.

Mr. Boucher replied to Mayor Pro Tem Hoog’s question on the student population confirming an increase to 335 students from Cape Canaveral at a total cost of $4,338.

A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 3. 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.

ORDINANCES: First Public Hearing:

4. Motion to Approve: Ordinance No. 09-2005; A Large Scale Comprehensive Plan Text Amendment Amending the Future Land Use Element to Allow for Mixed Use Development, at First Reading.

Mayor Randels read Ordinance No. 09-2005 by title.

AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE FUTURE LAND USE ELEMENT TO ALLOW FOR MIXED-USE DEVELOPMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE.

Mayor Randels explained that if this Amendment is approved, then the action will be forwarded to the Florida Department of Community Affairs. Mr. Boucher informed that there are sign up sheets for those who desire to provide input on the item. Mr. Boucher called on Mr. Todd Peetz, City Planner, to provide instructions on the City’s Text Amendment Policy 8.2. Mr. Peetz explained that there is a 60-day period to forward the Amendment to the Department of Community Affairs with an additional window of 45-days for additional community input.

Mr. Peetz listed criteria and described the proposed mixed-use planned unit development for Residential [R-3] and Commercial [C-1] zoning. This zoning would access State Road A1A within 300-feet. Mr. Peetz stated that these mixed uses would then be added more specifically to Land Development Code. The parcels shall not go below10-acres. He stated that an 80 percent maximum residential and 20 percent maximum commercial use has been suggested. The density is 12-units to the acre maximum. Mr. Peetz informed that no commercial uses would be located within 300-feet from the Banana River and 2,500-feet from the ocean. These projects would be done with an architectural design. A homeowner or condominium association would govern such a facility. Lastly, these projects must be approved through binding development agreements.

Mayor Pro Tem Hoog questioned the 250 feet limit. Mr. Peetz explained that some of the south portion of the C-1 zoning is within the 250-foot limit; however, due to the criteria, the commercial portion would need to be relocated 50-feet east to meet the 300-foot commercial use criteria. Mayor Pro Tem Hoog reiterated that development within 350 feet from the river would disallow a mixed unit development. Mr. Peetz affirmed to Mr. Morgan that the 10-acres would be consistent with the mixed-use, planned unit development for a sizeable property. Mr. Petsos asked if the 350-feet limit would include parking. Mr. Peetz replied that parking is accessory use to the [PUD.]

Mayor Randels clarified that the State of Florida developed guidelines for a Comprehensive Plan for municipalities. He related that the City’s Plan was last modified in 1999 and was based on activity in the City during that time. Mayor Randels explained some of the elements such as: Intergovermental Relations, Conservation and Coastal Management, Infrastructure, Transportation and Recreation and Open Spaces. He explained further how future land use provides for the City’s future needs. Mayor Randels noted that the applicant is proposing ten new items that would amend the Land Development Code. Mr. Peetz noted that although the applicant requested the zoning reclassification, the application would have City-wide impact with a subsequent question if this would it be in the City’s best interest.

Mr. Bruns questioned Item No. 7 that did not address water bodies such as a canal as part of the 300-feet limit from the Banana River. Mr. Peetz replied that the City has an existing requirement on development of 25-feet from the river and could make further restrictions. Mayor Pro Tem Hoog stated his concern with mixed-use development on State Road A1A frontage as well as on the river. He expressed that State Road A1A is beginning to develop a similarity to the Special Exception zoning allowed on North Atlantic Avenue. Mr. Morgan stated that he too sees the importance of protecting the waterway; however, he desired to see an attractive development. Mr. Petsos also expressed to protect the waterway.

Mr. Martin Greene addressed the audience and stated that his group has been working with City staff on a concept plan for a mixed-use development for the past seventeen months. His stated his desire is to live in, as well as to relocate his world headquarters to the area. Mr. Greene noted that Smart Growth is part of his development plan. Mr. Green informed that he invited 450 people to learn about the Mermaid Key development. He expressed that developing the 10 acres property in Cape Canaveral was a unique opportunity for this design team and related that similar projects have been built in Jupiter, Boca Raton and Marco Island.

Mr. Greene introduced Mr. Robert Canoles and Mr. Peter Stromberg of Garcia, Brenner, and Stromberg of Stuart, Florida to provide a presentation on the Mermaid Key development. Mr. Stromberg stated that Esplanade in Marco Island is relative to the plan for Mermaid Key. He stated that his firm practices the principles of sustainable design. Mr. Stromberg pointed out how Esplande was developed adjacent to the river. Mr. Stromberg noted what the designers planned to include in the project such as: promenades, shops and residences in an 80 percent residential, 20 percent commercial project. Mr. Greene expressed that his plan is to accommodate families and local small businesses in a community setting. Mr. Green also presented his own video of Esplande in Marco Island and related how the people who live and work there interact in their community.

Dr. Ross McCluney asked how many people will live in the community. Mr. Green replied that he did not plan to build more than 120 units if he developed this plan.

Mr. Troy Harris asked what else would be built if the planned community were not approved. Mr. Greene replied that if the mixed-use development were not built, then he would develop standard 150-unit condominiums, 45-feet in height with parking below.

Ms. Lois Palmer of Long Point Road asked if the units were rentals or leased. Mr. Greene replied that there would be two condominium associations; one for residents and one for commercial property.

Mr. Glen Manning asked if Mr. Greene planned to set the development back 300-feet from the canal. Mayor Randels clarified that no commercial uses would be developed within 300-feet of the Banana River. Mr. Manning stated that the pond in the area was spring fed.

Mr. George Shorn of Discovery Bay expressed concern about water and stated that the development without proper water control management would cause a problem. Mr. Shorn also addressed population density and traffic concerns in that area due to high rises on either side of Discovery Bay. His final question related to music in that Mr. Greene spoke on no music after 9:30 P.M. He expressed that outside music was not acceptable. Mr. Greene explained how the sound would be constructed so as not to disturb even the residents of the Mermaid Key.

Mr. Glen Petit, of 300 Columbia Drive, asked Mr. Green if he was working alone or with the City of Cape Canaveral. Mr. Greene stated that he worked with City the City of Cape Canaveral. Mayor Randels clarified that Mr. Greene worked with the Building Department months before the Council was aware of the project. Mr. Greene affirmed to Mr. Petit that he had spoken with Council members.

Ms. Norma Foster noted that whatever goes into the waterway flows into the Banana River.

Mr. Jim Morgan explained to Mr. Richard Parman that the Canaveral River originated near Port Canaveral Trailer Park that is considered river bottom. Mr. Parman related to Mr. Green that he appreciated his aesthetic efforts so far. He explained that the property was visually appealing and would help adjacent property value.

Ms. Janet Clevins of Treasure Island expressed that what she has seen is an exposed landfill due to what has been uncovered. Mr. Greene replied that the St. Johns River Water Management District would not allow him to haul equipment over the property.

Mr. Glen Petit stated that he has heard various acreage sizes stated and asked how Mr. Greene calculated the ten acres for his property. Mr. Green pointed out the boundaries for 10.7 acres of land.

Ms. Norma Foster asked Mr. Stromberg about a connecting bridge over the canal. Mr. Greene replied that this was a development concept up to this point.

Ms. Debra Canty, of 300 Columbia Drive, expressed that she was not in favor of the footbridge idea in order to maintain privacy and security.

Mr. Richard Parman stated that he planned to buy property in Treasure Island Condominiums in anticipation of the Mermaid Key development.

Ms. Gail Andrew expressed she was aware of resident’s concerns and asked if all of the governmental agencies provided inspection during the concept planning. Mr. Greene replied that up to sixteen regulatory agencies were involved in this project.

Mr. Greene replied to Ms. Foster that the shape of the parcel determines how he could proceed with development. Mr. Greene replied that his architects plan to develop property that will increase the value of the surrounding area.

Mr. Glen Petit asked if there would be more presentations by Mr. Greene and his staff. Mr. Glen Petit, of 300 Columbia Drive and President of Treasure Island Club, stated that they were not anti-growth and were in favor of sane growth. They were not in favor of mixed zoning. He remarked that Cape Canaveral would become as other cities, such as Orlando, Fort Lauderdale and even Melbourne and many other developers would benefit from this project. He stated that the public would be harmed.

Mr. Petit displayed two maps. Mr. Petit stated that the maps and documents pertain specifically to Mr. Greene and the Banana River. Mr. Petit stated that the noted canals are part and parcel of the Banana River and are part of the May 2005 mapping. Mr. Petit recounted that Mr. Greene stated in his unauthorized press release that every Council member agreed with him on this development. Mr. Petit also stated that while Mayor Randels was out of town, Mayor Pro Tem Hoog, as chair of a previous meeting, was asked this question to which he replied, “No.” At Mr. Greene’s promotional meeting at the Radisson Hotel, Mr. Greene stated that every Council member agreed with his proposal. Mr. Morgan stated that he had no meeting with Mr. Greene outside of the Council Chambers. Mayor Pro Tem Hoog stated that he did not personally speak to Mr. Greene. Mr. Petsos affirmed that he, too, had not spoken to Mr. Green outside of a meeting. Mr. Petit stated that the City of Cape Canaveral co-sponsored this mixed-use development.

Mr. Leo Nicholas of the Planning and Zoning Board stated that the Board passed the concept plan at a 3-2 vote. He stated that one of the items that came before the Planning and Zoning Board was to change the zoning from R-3 to C-1. Mr. Nicholas expressed to see the maximum amount of residential use at 80 percent. Mayor Randels read, “Mixed-use PUD’s shall be primarily residential. Residential uses shall not be less than 80 percent, commercial uses shall not be greater than 20 percent.”

Timothy Pickles, Attorney, of 3490 N. U.S. 1, Cocoa, FL stated that if the City does not choose to move forward with the mixed-use land development changes, then Mr. Greene would move forward with a residential development. He explained that input from the staff and regulatory agencies has been incorporated. He stated that the applicant would need to apply for all of the mixed-use requirements prior to forwarding this concept plan to the Department of Community Affairs.

Discussion continued on Council’s points of concern: the setback from the canal and State Road A1A. Mr. Peetz stated that Council could develop an ordinance to address the issues while the plan is submitted to the Department of Community Affairs. Mr. Petsos expressed to agree on the specifics.

Mr. Paul LaDue, of 300 Columbia Drive, expressed that Mr. Greene’s presentation did not show people frequenting any of the shops or sitting outside. Mr. Greene replied that his visit was during the height of summer and there is not much else near the development.

Dr. Ross McCluney asked if the developer could, indeed, build standard condominiums with parking underneath. The Chair affirmed. Dr. McCluney spoke in favor of this planned unit development for positive environmental and energy efficient use.

Ms. Donna Harris asked Attorney Pickles to affirm that the canal was not part of the Florida submerged lands. Mayor Randels replied that the land was privately owned. Ms. Harris noted that this project has all of the amenities that would attract her and her family to live there.

Mayor Randels read from Objection Land Use -8 in the City’s Comprehensive Plan. “The City shall work toward innovative land development regulations. The measurement of this Objective is the extent to which innovative land development techniques are allowed and the degree to which the following Policy is implemented.” Attorney Pickles expressed that innovative land development did not mean a mixed use development and that is why the applicant is applying for a mixed-used development. Mr. Nicholas stated that the language presented in the Comprehensive Plan was included according to the Florida Department of Community Affairs criteria. Mr. Greene informed that he was featured in Florida Today in 2001 for Chase Hammock Lakes in North Merritt Island as an open space community.

Mr. Paul LaDue, of 300 Columbia Drive, expressed that parking posed a concern and asked where the parking is intended for Mermaid Key residents. Mr. Greene replied that multi-level parking is planned to accommodate both residential and commercial. He stated that there are no other 10-acre parcels in the City; therefore additional developments are not available.

Ms. Rochelle Lowandales, of Lowandales Planning Affiliates, explained how the property along the State Road A1A frontage would remain commercial and the mixed-use would begin approximately 258-feet back from the commercial area. She stated that the existing City code allows for four-story, 45-feet residential units from the river. Mr. Petsos expressed that he was not in favor of commercial development on the river.

Mr. Parham asked for a definition between a river and the canal in discussion. Mayor Randels explained that the canal originated as a drainage ditch along the channel. Ms. Foster replied that due to the number of aquatic life in that water body she did not view the canal as a ditch.

Mr. Ray Osborne of Holman Road inquired about development on the river. Mr. Greene stated that due to the number of affluent people, this mixed-use development would help the general public to benefit from the view.

Ms. Sharon Mulinari, of 300 Columbia Drive, said that she did not care to see trash in the water.

Mr. John Ames, of Cocoa Beach, expressed that he supported this type of project for its aesthetic value and its innovative approach.

Ms. Val Phillips, of 300 Columbia Drive, stated that she was from the United Kingdom and the concept of residential atop commercial was not novel to her; however; she preferred the commercial element away from the water.

Ms. John Johansen, of Adams Avenue, expressed that the concept was good for the City.

Mr. Ray Osborne shared an article on Cocoa Beach’s Green Businesses from Florida Today and related that this might be a concept that Mr. Greene would care to use on his development.

Mr. Petsos expressed that the mixed-use is a favorable idea; however, if the concept could not address the canal, then he could not support it. Mr. Bruns stated the concept was appropriate for a community with a downtown area, and he disagreed with the concept and stated that Cape Canaveral was a residential community. He would not support this ordinance. Mr. Petsos expressed that he desired to amend the motion to include in the Land Use No. 7, “no commercial usage within 350-feet of the Banana River, 2,500-feet of the Atlantic Ocean and at the canal.”

Attorney Garganese recommended the following language “residential uses shall not be located within 250-feet of State Road A1A, commercial uses will be established within certain buffers within the canal.”

A motion was made by Mr. Morgan and seconded by Mr. Petsos to extend the meeting to 10:30 P.M. 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. Greene expressed that the first decision was to ascertain the Council’s desired action. Mayor Pro Tem Hoog stated that businesses such as Budget Rent-A-Car are under a different zoning. He expressed that he desired to protect the State Road A1A frontage at a 250-foot depth just as Mr. Petsos desired to protect the canal. Mr. Greene stated that all of the concerns would be addressed; however, he needed expert advice from his staff prior to addressing those concerns. Attorney Garganese stated that the Council could develop general policy in the Comprehensive Plan development that wetlands and canals and other water features that run on the property shall be preserved by appropriate buffers as determined by the City Council. This will allow the Council to establish what is desired. Attorney Pickles suggested language for appropriate buffering with stated zoning. Ms. Lowandales explained that such General Policy put all on notice as to what is defined in the land development regulations. Discussion proceeded on how to include language to the amended motion for buffering the canal and State Road A1A frontage.

Attorney Garganese clarified that Council has chosen to set certain limitations for the location of uses within a mixed-use planned unit development. Mayor Randels read from Item 7, “No commercial uses shall be within 300-feet of the Banana River or 2,500 feet of the Atlantic Ocean.” These conditions would apply for this and all other developments. Ms. Lowandales stated that the only way to gain Planned Unit Development [PUD] approval is to present a Master Plan. A PUD attached to a Master Plan will establish the mixed-use requirements. Mr. Petsos reiterated that the concerns were to buffer the canal as well as the State Road A1A frontage. Attorney Pickles stated that his client could agree to language on buffering such as residential development within 250-feet from State Road A1A and buffering along the canal. Mr. Glen Petit stated that Mr. Petsos’s amendment would be acceptable to most of the residents at Treasure Island Club.

A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to extend the meeting until 11:00 P.M. 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.

Attorney Garganese recommended the following language to the amendment in order for the Council to include those conditions to be established in the Comprehensive Plan, “residential uses shall not be located within 250-feet of the State Road A1A corridor, only residential uses shall be located along any canals with appropriate buffers. Appropriate buffers shall be established by Land Development Regulations adopted by the City Council.”

An amendment to the main motion was made by Mr. Petsos and seconded by

Mayor Pro Tem Hoog to include in Item 7 “residential uses shall not be located within 250-feet of the State Road A1A corridor, only residential uses shall be located along any canals with appropriate upland buffers. Appropriate buffers shall be established by Land Development Regulations adopted by the City Council.” The vote on the motion carried 3-2 with voting as follows: Mr. Bruns, Against; Mayor Pro Tem Hoog , For ; Mr. Morgan, For ; Mr. Petsos,For and Mayor Randels, Against.

A motion was made by Mr. Morgan and seconded by Mayor Randels to Approve Ordinance No. 09-2005 as amended at First Reading. The vote on the motion carried 3-2 with voting as follows: Mr. Bruns, Against; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, Against.

5. Motion to Approve: Ordinance No. 14-2005; Responding to a Recent U.S. Supreme Court Decision of Kelo v. City of New London, Providing for Limitations on City Councils Authority to Exercise Eminent Domain Power Solely for Economic Development Purposes, at First Reading.

Mayor Randels read Ordinance No. 14-2005 by title.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RESPONDING TO THE RECENT UNITED STATES SUPREME COURT DECISION OF KELO V. CITY OF NEW LONDON, 125 S. Ct. 2655 (2005); PROVIDING FOR LIMITATIONS ON THE CITY COUNCIL’S AUTHORITY TO EXERCISE EMINENT DOMAIN POWER SOLELY FOR ECONOMIC DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE.

There was no public comment.

A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. 14-2005 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.

CONSIDERATIONS:

6. Motion to Approve: Request for Satisfaction or Release of Code Enforcement Lien Magma Trading Corporation, Applicant.

Mayor Randels explained that Mr. Rudy Hardick stated that he would demolish the building if City would forego the lien. Mayor Randels found it questionable to forego the lien after no progress was made toward compliance since 2002. Mayor Pro Tem Hoog expressed that he too was not in favor of releasing the lien. Attorney Mark Peters explained that there was an assessment penalty on the property and the continued penalty only lasted until October 2003. Attorney Peters explained that Mr. Morris Reid, City Code Official, did not follow up in response to the 2002 violation. Attorney Peters stated that the assessment of the penalty continued because there was no follow up. Attorney Garganese stated that there were issues as to when the building came into compliance and therefore an issue as to the lien amount.

Attorney Peters stated that the City’s lien clouded title to all properties owned by Magma Corporation. Attorney Peters replied to Mayor Pro Tem Hoog that no capital improvements were made on the property due to pending litigation. He replied to Attorney Garganese that his client came into compliance prior to January of 2003. Mr. Rudy Hardick stated that he went directly to Mr. Reid to inform him that he was in compliance. Mr. Morley stated that the Board’s desire was to seek compliance. Attorney Garganese stated the issue as an imposed Code Board lien and now the City Council needed take action to dispense the lien. Attorney Peters requested to limit the lien to only this property only in order not to cloud the title on all other properties owned by Magma Trading. He stated that the City’s property lien continued after the property came into compliance. Attorney Peters said that by the time the City filed the lien in January 2003, the building was already in compliance.

Mr. Hardick responded that he was in compliance on the day of the Code Enforcement hearing. After brief deliberation, Attorney Peters stated that Mr. Hardick was agreeable to paying a sum of $1,350. Mayor Pro Tem Hoog expressed that the City has been lenient up to this point. Mr. Morgan suggested putting money in escrow for landscape maintenance. Attorney Garganese stated that Mr. Peters would prepare a letter to the City outlining what his client was directed to perform.

A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Request for Satisfaction or Release of Code Enforcement Lien, Magma Trading Corporation, Applicant and to place $1,350 in Mr. Peters escrow account for landscape clearing 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: A Preliminary Replat for Sea Shell Cay Townhomes.

Mr. Morgan informed that he had filed a Conflict of Interest form with the City Clerk because he is co-owner and contractor on the property.

A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve A Preliminary Replat for Sea Shell Cay Townhomes. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Petsos, For and Mayor Randels, For.

8. Motion to Approve: A Final Replat for Beachside Townhomes, 1^st Addition.

Mr. Morgan expressed that Mr. Johanson owns the property, however, he holds the development contract and he would abstain from voting on the project. Mayor Pro Tem Hoog informed that he was the registered Electrician on the project and would also abstain from voting.

A motion was made by Mr. Petsos and seconded by Mr. Bruns The vote on the motion carried 3-2 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, Abstain; Mr. Morgan, Abstain; Mr. Petsos, For and Mayor Randels, For.

9. Motion to Approve: Florida Power and Light Engineering Deposit for Underground Service for Thurm Blvd. and West Central Blvd.

Mr. Tom Kunz, of Florida Power and Light, stated that the current tariff is still effective. Mr. Petsos explained that the discussion was in the amount of $550,000 and there was also an assessment involved and he preferred to have input from the residents in the area. Council members spoke in favor of notifying residents. Discussion clarified that 300-feet of line would be buried; however, the lines would resurface overhead after the 300-feet mark. Mr. Kunz reminded that easements are another area of concern. He replied to Mr. Boucher that there needed to be a certain number of cabinets between footage.

A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to proceed with the Florida Power and Light Engineering Design work for Underground Service for Thurm Blvd. and West Central Blvd. 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.

10. Motion to Approve: Center Street Landscaping and Paving Plan with Benko Construction.

Mr. Gardulski affirmed that Benko Construction would pay for half the cost of this landscape project. Mr. Petsos expressed to have one additional parking space for a total of four parking spaces. Mr. Morley related that Mr. Maath Bennett requested to acquire a credit for the low-lying trees and landscape.

A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Center Street Landscaping and Paving Plan with Benko Construction Sharing the Cost. 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

ADJOURNMENT:

Due to the lateness of the hour, no reports were provided and the Chair adjourned the meeting at 11:50 P.M.

___________________________
Rocky Randels, Mayor

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Susan Stills, CITY CLERK