CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
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 Bob
Hoog
Council Member Buzz
Petsos
Mayor Rocky
Randels
Council Members Absent:
Council Member
Council Member Leo
Nicholas
Others Present:
City Manager Bennett
Boucher
City Attorney
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Building Official Todd
Morley
Public Works Director Ed
Gardulski
Mr.
Petsos expressed concern discussing Items No. 8, 9 10 and 12 without a full
Council present. Mayor Pro Tem Hoog
replied that he was open to hear discussion from the people involved and stated
that the decision to be heard would be left up to the applicants.
Mayor
Randels stated that he would like to hear the items; however, discussion was up
to the applicants. Attorney Garganese
stated that Items 8 and 9 needed three votes of a full City Council to take
action. A vote of 2-1 would fail. He
explained that under the City Charter three affirming votes were needed. Mayor Randels stated that the next City
Council meeting is scheduled for March 7th. Mr. Johanson, Jr. asked for a few moments to
discuss this matter with his partners.
Mayor
Randels suggested hearing Discussion Item No. 12 at this time.
Mayor
Pro Tem Hoog requested to continue the meeting with the Consent Agenda prior to
addressing Item No. 12.
PRESENTATION:
Certificate of Completion of the Institute for
Elected Municipal Officials to Mayor Rocky Randels
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Outdoor Permit for the Walk for Bibles,
Sponsored by the Brevard Baptist Association.
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 an item for discussion.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
12.
Consideration of an Offer to sell the City Lot 3 (
Mr. Boucher stated that the Council received a letter
from Triple J, LLC to sell the property to the City in an amount of
$340,000. The Board of Adjustment decided
to postpone their decision on the Special Exception upon the applicant selling
the property to the City. The Planning and Zoning Board would hear the request
at a meeting on
Mr. Petsos requested to have the Recreation Director provide
opinion on the property. Mayor Pro Tem Hoog expressed that the City appeared
to be seeking a property purchase to pacify a disagreement between residents
and the property owner. He restated his
view that Special Exceptions pose an overall problem for the City. He asked the City Attorney if this could set
a precedent. Attorney Garganese replied
that in some aspects this could set a precedent; however, the property owner is
entitled to develop within the C-1 zoning.
He stated that this would be a discretionary action for the
Council. This action would not be uncommon
for a municipality.
Attorney Garganese replied that
purchasing the property for a public purpose is legally defensible. He stated that additional factors are laid
out within the Triple J letter that included subsequent costs to the property
owners. Mayor Pro Tem Hoog questioned
the City buying the property in excess of the appraisal. Attorney Garganese replied that in this case
the property owner made certain expenditures to develop the property and it was
not unreasonable on either party’s part to ask for the additional cost or to
pay those costs. Attorney Garganese
explained that the option to purchase came about due to the newly enacted
legislative requirements. Mr. Petsos
expressed this as an opportunity to purchase property that the Council desired
to buy in that section of the City for many years. Mayor Pro Tem Hoog pointed out that the
purchase was not initially to buy a park, but to settle a dispute. He questioned the source of funding. Mr. Boucher informed that a loan, impact fees
or public grants could be secured to make the purchase. The asking price was well above the
appraisal. Mr. Johanson, Jr. stated that
the closing date on the letter was extended for an additional week.
Mayor Randels explained that
there is a piece of property on which the developer chose to build town homes
in C-1 zoning. He stated that the nearby
residents do not desire town homes or commercial zoning. Mr. Boucher replied that no action could be
taken until the following City Council meeting.
Mayor Randels stated that the Council would need to obtain a fair appraisal. He stated further that the Council had
desired to purchase land for parks; however, the City needed to establish the
usefulness of a park in the area.
Mr. Lamar Russell,
Ms. Judy Lau,
Ms. Lau stated that she did not
think it a fair comparison between an R-1 neighborhood and the growth of new
multi-family dwellings. She stated that the Special Exception would change the
face of a low-density, residential neighborhood. She expressed the need for a correction to
the mistakes and lax practices from previous actions. Mr.
Petsos requested to have staff pursue the property purchase. Ms. Shannon Roberts,
Mr. Joe Ross, a former City
resident and co-owner of
Ms. Marie Sivickis stated that
minimal property existed in the City for additional growth. She used a family based analogy and concluded
Special Exceptions were based on what is right for that moment. She noted that keeping the public’s best
interest in mind was better served for the people. Mayor Pro Tem Hoog replied
that the Council has no control over the City’s growth. Growth issues are problems addressed with
recommendation from the Planning and Zoning Board and the Board of
Adjustment. Mr. John Johansen stated
that the owners would come before the Planning and Zoning Board on March 13th.
Mr. Boucher outlined that the
Recreation Director evaluate the site in order to avoid the problem of a park
in the middle of a residential neighborhood.
Public input was needed. He would
also gain an appraisal. Mayor Randels
concluded that the City Manager would seek to gain an appraisal prior to the City
Council meeting on March 7th.
8. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea
Shell Cay Town homes, Sea Shell Lane,
Mayor Randels explained that
this item was tabled from the City Council meeting on February 7th
at the applicant’s request. The applicant stated that he was exempt from the
tree ordinance. He stated that an applicant must have City Council approval to
remove a specimen tree over 24 inches in diameter breast height. Mayor Randels reviewed the timeline as
follows:
Mr. James Morgan, Jr. noted the specimen tree
location on the Site Plan. Mayor Randels
read from Section 102-43 in the City Code that outlines the requirements for
specimen tree removal. Mr. Morgan, Jr.
stated that the 48-inch tree was dead center on the lot and relocating the trees
was questionable. He pointed out that
the need for an arborist was irrelevant since the trees could not reasonably be
moved. Mr. Morgan, Jr. informed that the
City code did not require an arborist.
He related that he was amenable to mitigation. Mr. Boucher replied that the City Attorney’s
opinion found that he would need to mitigate at 28 new trees or to place $8,000
into the tree bank. Mr. Morgan, Jr.
stated the firm has followed all of the City’s requirements for Special
Exception and Site Plans and has also lowered the project’s density to
accommodate the neighborhood. The two
specimen trees appeared to create the problem; however, he was amenable to
mitigation.
Mr. Petsos asked the City Attorney what constitutes a
hardship. Attorney Garganese replied
that a hardship is a standard that the Council would establish on a
case-by-case basis. Attorney Garganese stated
that the intent of the standard was to allow the Council to make a
determination to avoid a taking and the entire lot would be taken into
consideration to make a decision on mitigation.
Mr. Morgan, Jr. expressed that an economic hardship was created in
lowering the number of units developed. Discussion
ensued on shifting the construction in order to save one of the two specimen
trees. Attorney Garganese explained that
the Council had the option to explore the most feasible option within the tree
ordinance.
Mayor Randels summarized that in January the City
Council issued a moratorium in order to address the concerns and to provide
provision for land clearing. Any person who had a formal application submitted 60-days
prior to the moratorium was exempt. He stated there was enough public knowledge
prior to passing the ordinance. The City
Attorney provided a verbal opinion and stated that the applicant is subject to
the tree ordinance. Mayor Randels stated
that he did not see a hardship. Mr. Morgan,
Jr. stated he sought due process and expended much for the project. He stated that this is the optimal way to
develop the property. Mr. Morgan, Jr.
stated that all requirements were met aside from obtaining an arborist. He restated that he was amenable to
mitigating for the specimen trees. Mayor
Pro Tem Hoog stated Mr. Morgan, Jr. followed the Code requirements and the
Council’s position was to uphold the ordinances. Mr. Petsos replied that he did not see any
extraordinary circumstances or hardships.
He could not approve the project without input from an arborist. Mayor Pro Tem Hoog suggested that Mr. Morgan,
Jr. get expert advice from an arborist.
Mayor Randels replied to Mr. Ross that the intent of
the ordinance was to save any possible trees.
Mayor Pro Tem Hoog replied to Ms.
Lau that the City could not deny a developer the right to build on a purchased
property. Attorney Garganese stated that
the ordinance reads that a specimen tree could be removed if an applicant
presents a case and submits evidence to justify removal. Council requested an arborist and the
knowledge of what trees the developer plans to provide during mitigation. Attorney Garganese recommended that the
developer use the flexibility within the ordinance to gain approval for the
specimen tree removal.
SITE
PLANS:
9. Motion to Approve: Sea Shell Cay Town homes, James Morgan,
Applicant. Four (4) Residential Units
Located on
This item will be addressed at
the next Regular City Council Meeting.
CONSIDERATIONS:
3.
Motion to Approve: Two-Year Agreement with
Mayor Randels
stated that the County has noted that in 2007 the City will pay half the cost
of the services agreement. Mr. Petsos
requested a cost breakdown for 2007. Ms.
Shannon Roberts expressed the need for a line item breakdown of expenses.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve a Two-Year Agreement with
4.
Motion to Approve: Cooperative Purchase of Sanitary Sewer and
Manhole Lining in the Amount of $100,433.
Mayor Randels explained that the City would seek a
cooperative purchase with the City of
A motion
was made by Mayor Pro Tem Hoog and
seconded by Mr. Petsos to Approve the Cooperative Purchase of Sanitary Sewer
and Manhole Lining in the Amount of $100,433. The vote on the motion carried 3-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For and Mayor Randels, For.
5. Motion
to Approve: Quarterly Treasurer’s Report
and Budget Transfers for the Period Ending
The City Treasurer stated that the City is still two
percent above collections. She informed the
City is charged by the hour for criminal prosecution and Fines and Forfeitures
are still lagging; however, she has not yet heard from the
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve the Quarterly Treasurer’s Report and Budget
Transfers for the Period Ending
6. Motion
to Approve: Authorization to Negotiate
the Purchase of the Building Located at
Mayor Randels described the need for this facility to
accommodate the
A motion was made by Mayor Randels and
seconded by Mayor Pro Tem Hoog to Approve the Authorization to Negotiate the
Purchase of the Building Located at 8680 N. Atlantic Avenue for a Police
Station, Based Upon City Council Making an Offer. The vote on the motion carried 3-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For and Mayor Randels, For.
7. Motion
to Approve: Proposal from Green Blades
of Central Florida, Inc. for Preliminary Design and Public Participation for
the
Mr. Gardulski reviewed the costs and the timeline
for public input. Mr. Petsos requested
to seek residents input prior to proceeding to Public Meetings. Mr. Gardulski stated that $25,000 was budgeted
for the project. Mr. Brad Smith, of
Greenblades, stated that items reimbursed included the cost of copying the
storyboards. Mr. Petsos restated the need
for citizen input. Mr. Smith replied
that the firm desired to gain citizen input in order to build consensus. City Council agreed on the total fixed amount
of $32,700.
A motion was made by Mayor Pro Tem Hoog and
seconded by Mayor Randels to Approve the Proposal from Green Blades of Central
Florida, Inc. for Preliminary Design and Public Participation for the Ridgewood
Avenue Streetscape Project in the Full Amount Not to Exceed $32,700. The vote on the motion carried 3-0
with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For and Mayor Randels, For.
SITE PLANS:
10. Motion
to Approve: Canaveral Bulk Storage Site
Plan, Randy May, Applicant.
Mr. Todd
Morley, Building Official, reviewed a memo addressing some of his
concerns. Mr. Morley stated that the
Site Plan before the Council addressed those concerns. He noted that the
applicant would correct a problem of subdividing the property though a Unity of
Title Agreement. The installation of two
concrete barrier walls would ensure that the aggregate would not come within
25-feet of the setback line. Mr. Morley stated that the Site Plan was modified
since the Planning and Zoning Board review.
Mr. Boucher stated that Mr. Randy May was willing to draft a Development
Agreement; however, staff wanted to address the Council’s concerns. Mayor Randels asked about aggregate storage
east of
The
Chair stated to let the record show a unanimous decision to continue discussion
for 15 minutes past 10:00 P.M.
DISCUSSION:
11. Proposed
Countywide Sexual Predator Ordinance.
Mayor Randels related that this item was submitted
from the
CONSIDERATION: Add-On Item:
13. Motion
to Approve: Emergency Medical Services
Agreement with
A motion was made by Mr. Petsos and seconded by Mayor Randels for
Consideration of an Add-On Item to Approve the Emergency Medical Services
Agreement with
Mr.
Boucher explained that each City receives a portion of the Emergency Medical
Services share and this year the City would receive $2,000.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Emergency Medical Services Agreement with
REPORTS:
1. City
Manager
·
Mr.
Boucher informed that the Planning and Zoning Board would consider the C-1 to R-2 Moratorium extension for six
months. He said that the Council would address this issue at the March 7th
meeting. He would schedule another town meeting in mid-March.
·
Mr.
Boucher announced the Sea Oats planting
on Saturday, February 25th
·
Mr.
Boucher announced the Professional Arts
Show on February 24th and 25th at the Cape Canaveral
Library.
·
Mr.
Boucher reported that the
2. Staff
Public
Works Director
·
Mr.
Gardulski reported on a planned timeline for the
Building
Official
No report.
City
Clerk
No report.
City
Attorney
No report.
AUDIENCE TO BE HEARD:
·
Ms.
Shannon Roberts asked if the City received a reply from the Port on its letter. Mr. Boucher replied that Mayor Randels would
respond to the inquiry subsequent to the meeting.
·
Mr.
Bill Hansen asked about the Magma Trade
building. The City Attorney replied
that there is a pending Code Enforcement action against the building.
3. City
Council
No reports were
forthcoming.
ADJOURNMENT:
There
being no further business, the meeting adjourned at 10:20 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK