CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
January 17, 2006
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00
P.M.
ROLL CALL:
Council
Members Present:
Mayor
Pro Tem
Council
Member Jim
Morgan
Council Member Leo
Nicholas
Council
Member
Mayor Rocky
Randels
Others
Present:
City
Manager Bennett
Boucher
City
Attorney
City
Clerk
Building
Official Todd
Morley
Public Works Director
PRESENTATION:
2005 Reindeer Run Proceeds Check to United Way of
Ms.
Ms. McIntire presented a check to Ms. Suzanne Sparling
of the
BOARD INTERVIEW:
Mr. Johanson affirmed that all
of the information on his application was true and correct to the best of his
knowledge. He explained that he moved
into the City three years ago and has come before several Boards for his
projects and would like to participate on the Board. Mr. Johanson replied that
he did not anticipate any Conflict of Interest although he is a residential
contractor. Mayor Randels informed that
Mr. Johanson came highly recommended subsequent to an interview by the Planning
and Zoning Board.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of January 3, 2006.
2. Renewal of Inmate Labor Contract with
the Florida Department of Corrections in the Amount of $52,330.00.
3. Revised
Mayor Randels thanked the City Clerk for the quality
of the meeting minutes. He then noted
that the Canaveral Bulk Storage Plan would not be on this evening’s Agenda as
noted in the previous meeting minutes due to further review.
Mayor Randels asked if any Council member, staff or
interested party desired 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 Mr. Morgan and seconded by Mayor Pro Tem Hoog 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. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels,
For.
CONSIDERATIONS:
4. Motion
to Approve: Cooperative Purchase to Pave
and
Mayor Randels explained that Benko Construction Inc. agreed to pay
one-third of the paving cost for this project due to agreed upon use of the
site for a staging area during construction.
Mayor Pro Tem Hoog noted that according to the signage, dogs on a leash
were allowed in the park; however, according to City code dogs are not allowed
in public parks. Mayor Randels stated
that the signage proposed prohibited animals and alcoholic beverages. He stated that only two of the four
contractors solicited responded to the request for quote and the lower of the
two was APAC-Southeast. Mayor Randels
stated that the City’s two-third share would be paid from the set aside paving
fund. Mayor Randels asked the Public
Works Director to check on the proposed signs and status for completion.
A motion was made by Mr. Morgan and seconded
by Mr. Petsos to Approve a Cooperative Purchase to Pave and Mill Center Street
by APAC-Southeast, Inc. in an Amount of $35,605.70. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels,
For.
RESOLUTIONS:
5. Motion
to Adopt: Resolution No. 2006-05;
Extending the Moratorium on Accepting Applications and Issuing Special
Exceptions under Section 110-334(10) Regarding Residential Uses within the C-1
Commercial Zoning District for Sixty (60) Days until March 31, 2006.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, EXTENDING THE MORATORIUM ON ACCEPTING
APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY
CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT FOR
SIXTY (60) DAYS UNTIL MARCH 31, 2006; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Randels
explained that on November 1, 2005 the City proposed a 90-day moratorium on
Special Exception Applications for C-1 zoning along the State Road A1A
corridor. This resolution would extend
the moratorium. Mr. Petsos reminded that
a Workshop Meeting with the Planning Board was scheduled for the following
week. Mr. Boucher said that either Ms. Bea McNeely or Mr. Lamar Russell could
explain the Planning and Zoning Board’s recommendation.
Mr. Lamar Russell
spoke, not as a Planning and Zoning Board member but as a private citizen. He stated that he did not agree with the
Planning and Zoning Board’s recommendation.
Mr. Russell informed that historically the Planning and Zoning Board had
no mechanism to deter residential zoning in commercial areas. He explained how
the zoning on the
Ms. Bea McNeely
stated that the Planning and Zoning Board did not all agree with Mr.
Russell. She brought to Council’s attention
that the City Planner displayed maps that showed an adequate number of
commercial to residential zones. Ms.
McNeely pointed out that the lack of support for residential zoning prohibits
families from moving into the area. This was a detriment to the
Mr. Petsos stated
his agreement with Ms. Roberts and said that he would encourage input from the
related Boards and the public. Mr.
Morgan expressed that public notice was required. Mr. Boucher noted that this could precede the
upcoming meeting. Mr. Nicholas suggested citywide advertising prior to a public
meeting. Council’s discussion concluded
that the property owners impacted by the ordinance need to be informed of
proposed workshop meetings. Mayor Pro
Tem Hoog re-stated his opposition to Special Exceptions for residential in
commercial zoning.
Mr. Todd Peetz, City
Planner, stated that although uses changed the Zoning Map has not changed. A developer could be approved under Special
Exception for residential zoning and change the development to commercial. Mr.
Morgan questioned the granting of Special Exceptions and asked if the City is
in violation with the State in light of the Comprehensive Plan. Mr. Peetz replied that the Florida Department
of Community Affairs recognized the City’s historic approval of zoning through
Special Exceptions. Mr. Peetz stated that an R-2 Special Exception in C-1
Zoning had to abide by the R-2 development requirements. The Building Official
clarified from the City code requirement for R-2 zoning is 25-feet and for C-1
zoning is 45-feet. Mr. Peetz noted that
community based meetings would occur during the upcoming Evaluation and
Appraisal Report discussion. Mr. Peetz
explained Comprehensive Plan Amendments that are large scale require up to nine
months to process and binds development funds.
Mr. Boucher reminded
that a Workshop Meeting could be scheduled for January 31st. Ms. Roberts asked for clarity on the role
that the Business and Cultural Development Board would play in the discussion. Mayor Randels replied that she could inform
the Board that tentatively a Workshop Meeting would occur on January 31st.
A motion was made by Mr.
Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2006-05. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
6. Identification
of Annexation Areas.
Mayor Pro Tem Hoog informed that the Space Coast
Growth Management Coalition Board laid out this project to identify areas of
annexation. The project may better serve
some of the larger cities and would assist the County in establishing what
areas would benefit from annexation.
Mayor Randels explained that the Coalition has an outline that includes:
Project Purpose, Project Description, Strategies and anticipated Actions within
a designated time frame. Discussion
concluded that the Avon-by-the-Sea area could be included in the Space Coast
League’s Plan as a proposed area for annexation within the next ten years.
7. Revised
Comprehensive Plan Amendment of Policy CM-4.3 of the Coastal Management
Element.
Mr.
Peetz explained that the Florida Department of Community Affairs (DCA) returned
the objections and comments report. The
Florida DCA stated that construction in the City could not occur eastward of
the Coastal Construction Control Line (CCCL).
The CCCL varies however as it crosses the
Mr.
Peetz stated that he submitted four new proposed criteria for Council’s
review. Section A) states, “New, redeveloped
or repaired structures shall meet or exceed Florida Building Code wind speed
map, as amended. Section B) states, “The
density for redeveloped or repaired structures shall not exceed
pre-development. Section C) states, “The
gross square footage for a redeveloped or repaired structures shall not be
increased by more than 25 percent of original structure and consistent with the
land development regulations. Section D)
states, “For new and redeveloped structures should be located on the west
building setback line or as far to the west as possible to limit potential
exposure.” Mr. Peetz noted that when
construction intensity increases so does the cost to replace the
structure. Mr. Peetz explained that
property structures of lesser values, such as pools, driveways and garages were
relocated toward the water to reduce hazards during tropical storm events.
Mr.
Morgan noted some inconsistencies in what Mr. Peetz was told by DCA from
practices in other communities in the State.
Mr. Peetz agreed and said that he had this discussion with DCA in that
the requirements appeared more stringent.
Council discussion clarified that the Florida DCA would allow for
construction east of the CCCL subsequent to structural damage with a permit
from the Florida Department of Environmental Protection. Mayor Randels noted
that the Planning and Zoning Board brought forth the concept of increasing the
structure by 25 percent. Mr. Peetz
clarified that the Planning and Zoning Board did not approve the increased 25
percent of the original structure concept.
Mr. Boucher explained that Council could adopt the amendment as
proposed, adopt the amendment with changes or not adopt the amendment. Mr.
Boucher stated that final Ordinance reading is set for the February 7th
Council Agenda.
REPORTS:
1.
City
Manager
·
Mr.
Boucher reported that that the Quarterly
Reports were submitted and encouraged Council to review the information.
·
Mr.
Boucher reported that the Joint Use Agreement for Playground Equipment
was signed and distributed. The Park should open by February 1st.
·
Mr.
Boucher stated that he distributed the Regional Impact Study
request letter relating to the new Ron Jon project for review.
·
Mr.
Boucher informed that Brown and Caldwell, Inc. submitted a preliminary
site plan to Public Works on the maintenance building.
·
Mr.
Boucher announced a 5:00 P.M. Workshop Meeting on February 7th with Green
Blades to cover some landscaping and lighting concepts for
·
Mr.
Boucher reported that the Mayor, Mayor Pro Tem Hoog, Mr. Petsos and the City
Clerk would attend Legislative Action
Day in
·
Mr.
Boucher thanked the Reindeer Run
sponsors.
·
Mr.
Boucher informed that Ms. McIntire is still working on a model shuttle.
·
Mr.
Boucher reported that the Beautification Board is seeking a small-scale replica
of the
·
Mr.
Boucher informed that
·
Mr.
Boucher also informed that progress is underway again on the sidewalk near
the Radisson Resort. Mr. Petsos
requested a time certain from Mr. Baugher on completion.
·
Mr.
Boucher reported that the Recreation Director is working with the City Engineer
on the fishing platform and other
amenities at
2. Staff
Public Works Director
·
No
report.
Building Official
·
Mr.
Morley informed that due to the high winds the previous Saturday; debris was
noted coming from the Canaveral Bulk Storage.
City Clerk
·
Ms.
Stills announced that newly adopted ordinances would be available three
times per year on the City web site through the Municipal Code link. This is a trial endeavor in order to more
efficiently accommodate Council, staff and the general public’s need for
electronic code research. Paper supplements would be available once per year.
City Attorney
·
No
report.
AUDIENCE TO BE HEARD:
·
Mr.
Richard Doscher inquired about the location of the new Ron Jon Resort
and asked if there would be water activity that would impact the nearby city
park. Mayor Randels stated that City
code prohibits water activity in a no wake zone. Mayor Randels replied to Mr. Morgan that the
no wake zone extends to the City limits.
The City Manager stated that staff would check on the signage.
·
Ms.
Shannon Roberts inquired if the Port had asked the City for any input prior to
its decision to construct the new Ron Jon Resort. Mayor Randels replied that the City Attorney
has drafted a letter to address this concern with the Florida Department of
Community Affairs.
·
Ms.
Roberts spoke on increased traffic on
·
Ms.
Roberts inquired about the new City Hall. Mr. Boucher replied that he requested an
appraisal for the Stottler, Stagg building for Canaveral Precinct. Mayor Randels informed that the City could
only pay the appraised value for property.
3. City
Council
Mr. Nicholas
·
Mr.
Nicholas reported that Council members could not be heard when they sit back in
their chairs. He asked if the City could invest in a microphone system
upgrade.
·
Mr.
Nicholas asked if staff could make a set of Site Plans available for the
public during review.
·
Mr.
Nicholas inquired about Impact Fees at Coral Shoppes. Mr. Morley reported that the building in
question formerly had 10 units with restrooms and now has 9 units with
restrooms. Mr. Boucher announced that
Code Enforcement would address signage.
Mr. Petsos
·
Mr.
Petsos inquired about the research that the
County is not abiding by auditing practices. Mr. Boucher replied that the City
Treasurer will research those mechanisms.
·
Mr.
Petsos informed that Sea Oats are available. Mr. Gardulski would acquire the plants for
the City.
·
Mr.
Petsos inquired about the editorial from
·
Mr.
Petsos inquired about the Magma Trading Inc. issue. Mr. Morley replied that he and the Code
Enforcement Officer would provide a specific list of citations to Attorney Mark
Peters. Mr. Petsos reminded that the
original letter allowed for a 60- day compliance or the building would be
demolished as of February 6th. Mr.
Morley informed that with an Engineer’s Affidavit the firm could refute the
demolition.
·
Mr.
Petsos asked about the possibility of later hours at the Post Office as
well as a Sunday pick-up. Mayor Randels
replied that the Post Master sets the hours of operation and Post Office
administration is experiencing budget constraints and a hiring freeze.
·
Mr.
Petsos asked if there were any interest again in pursuing a request for a
grant to purchase the property on
the corner of
Mr. Morgan
·
Mr.
Morgan commented that a previous Site Plan that was rejected on a bogus
claim. He stated that this should
not have occurred since creditable staff persons reviewed the plan. Mr. Morgan
stated that the easements presented were not part of the City utility
easements. He stated that action delayed
the project without proper cause. Attorney Garganese replied that the City
requested a position letter and he stated that through the re-plat process the
easement becomes a non-issue if the City Council approves the Site Plan and the
Final Plat. However, staff needed to investigate the claim. Mr. Morgan stated
that the easement could have been approved subject to investigating the claim
and he expressed disapproval stating that this could unnecessarily harm a
future applicant and cause unforeseen costs. He stated that if the claim were
legitimate, the review process would have noted the discrepancy; however, the
easement was eliminated subject to a re-plat.
Discussion concluded that staff could provide a determination on
easements subject to re-plat during their review.
Mayor Pro Tem Hoog
·
Mayor
Pro Tem Hoog asked about any anticipated clean up along the canal. Mr.
Gardulski replied that work is being performed.
·
Mayor
Pro Tem Hoog also asked about costs for purchasing
·
Mayor
Pro Tem Hoog asked about the request for a memorial in the
Mayor Randels
·
Mayor
Randels reported that the City received $712.50 through the Florida League’s Delinquent
Occupational License Tax Collection Program.
·
Mayor
Randels reported that the City Manager was selected to participate with the Economic
Development Council at a Satellite Conference and Trade Show in Washington,
D.C. Mayor Randels asked if any
other member of Council would like to attend in order to gain support for
Satellite industries in
·
Mayor
Randels reported that the Economic Development Council received $500,000 an
enhanced use leasing opportunity to accommodate Canaveral Air Force Station
staff relocation during hazardous situations. This project is in conjunction
with the
·
Mayor
Randels reported that the Environmentally Endangered Lands Committee sought an appraisal on the Thousand Islands in
·
Mayor
Randels reported that
ADJOURNMENT:
____________________________________
Rocky
Randels, MAYOR
________________________________