CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting
to order at 7:05 P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager
City Clerk Susan
Stills
City Treasurer Andrea
Bowers
Public Works Director Ed Gardulski
Mayor
Randels encouraged anyone who desired to speak to sign in.
PRESENTATIONS:
Mrs. Judy Hale stated that the
Board recognized the Radisson Resort at the Port with the Summer Commercial
Beautification Award. She called on Mr. Joe
Panackia, General Manager for the Radisson, to receive the award. Mr. Panackia thanked the Board for the
recognition.
BOARD INTERVIEW:
Mayor Randels informed that Ms.
Rice was unable to attend the meeting due to a family emergency. Her interview would occur at the next
scheduled City Council meeting.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Resolution No. 2006-30; Appointing an Alternate Member to
the Board of Adjustment (Jack Childs).
3. Street Sweeping Contract Renewal with
Mayor Randels asked if any member of Council, staff
or interested parties desired to remove any of the Consent Agenda items for
discussion.
No request was made to remove any of the items for
discussion.
CONSIDERATIONS:
4. Motion
to Approve: Quarterly Treasurer’s Report
and Budget Transfers for the Period Ending
Ms. Bowers informed that the City was well within
the projected revenue collection for the year.
She stated that she reduced the Building and Fire Inspection fees due to
a decrease in activity. Ms. Bowers
stated that the City completed the budget year in a positive state. Mayor Randels questioned the Revenue Account
for the Sewer Enterprise Fund regarding Collection System Improvements for
$24,000. Mr. Gardulski replied that
these were utilized from another account and not needed. Ms. Bowers informed that the final accounting
would include the four budget quarters as well as a final summary.
A motion was made by Mr. Petsos and seconded
by Mr. Bruns to Approve the Quarterly Treasurer’s Report and Budget
Transfers for the Period Ending
5. Motion
to Approve: Contract for Audit Services
with McGladrey & Pullen, Certified Public Accountants.
Mayor Randels stated the contract’s annual cost of
$33,750 with an option to renew for four subsequent years. Ms. Bowers noted that the City might
anticipate an increase during the four-year time period. She replied to Mayor Randels that the firm
has adequate staffing and she did not anticipate the need to sub-contract for
the audit. Ms. Shannon Roberts commented
that the firms’ national affiliation with McGladrey and Pullen should augment
the previously provided services.
A motion was made by Mr. Bruns and seconded
by Mr. Petsos to Approve the Contract for Audit Services with McGladrey
& Pullen, Certified Public Accountants.
The vote on the motion carried 5-0
with voting as follows: Mr. Bruns, For;
Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels,
For.
6. Motion
to Approve:
Mr. Ed
Gardulski, Public Works Director, stated that the firm would address the
Council with a 30 percent design prior to proceeding to Task III. Mayor Randels questioned the short 30-day
timeline on the survey. Mr. Brad Smith
affirmed that the surveying was 80 percent completed at this time. Mr. Gardulski replied to Mayor Randels that
he was the point of contact for the City and Mr. John Pekar, City Engineer, was
the contact for Stottler, Stagg & Associates. Mr. Smith replied to Mayor Randels that the
City would receive a half-set of 11” by 17” drawings for review. Mr. Petsos concluded that he expected to see
more documentation on costs prior to any decision on Task III. Mr. Brad Smith informed that he expected some
survey data as early as the following day.
A
motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the
ORDINANCES:
First Public Hearing:
7. Motion to Approve: Ordinance No. 11-2006; Amending the List of Special
Exceptions (Aka Conditional Uses) in the C-1 Zoning District Related to
Residential Uses; Specifically Amending Section 110-334(c)(10), Cape Canaveral
City Code, to Prohibit Special Exception Residential Uses on Property that is
Located Adjacent to and has Frontage Along the A1A Highway Corridor; Providing
Clarifying Amendments, at first reading.
Mayor Randels read Ordinance No.11-2006 by title.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING
THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING
DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION
110-334(C)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION
RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ADJACENT TO AND HAS FRONTAGE ALONG
THE A1A HIGHWAY CORRIDOR; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney
stated that any time a change is made to conditional uses two Public
Notices are required; therefore, the ordinance was duly advertised prior to
this First reading. Discussion followed
on the intent of the word adjacent to and has frontage along the State Road A1A
Highway corridor. Mayor Pro Tem Hoog required clarification on the word
adjacent to and has Frontage Along the A1A Highway Corridor. He stated that property exists adjacent to the property along the
A1A corridor. Mayor Pro Tem Hoog
explained that property adjacent to the property along State Road A1A should be
able to rebuild as a residential property otherwise it is a taking of a right. Attorney Garganese stated that the word was
intended to mean the property adjacent to the
Mayor Randels reviewed some of the results from previous discussion as: 1) to modify the code to permit special exceptions with limit and, 2) to modify the code to not permit special exceptions in C-1 zoning above the north stated boundary and discussion would continue on the area south of the boundary at the next meeting. Mr. Bruns clarified that on July 26th the Business and Cultural Development Board, Planning and Zoning Board and the City Council concluded that the City would no longer accept Special Exceptions for residential construction in C-1 zoning district along the A1A corridor. Mr. Bruns concluded that the clear intent of the ordinance was all of C-1 zoning. Mayor Pro Tem Hoog pointed out that the ordinance references property adjacent to and frontage along the State Road A1A corridor.
Discussion continued on clarifying the language in order to substantiate what was meant by adjacent to and has frontage along the A1A corridor. Attorney Garganese clarified that the language could state, “all property in C-1 zoning along the A1A corridor as depicted on the map.” Mr. Boucher asked if that included footage up to an unlimited depth. Mr. Bruns stated that the language would include all property in the C-1 zoning district along the A1A corridor. Ms. Roberts affirmed that the Board agreed with Mr. Bruns’ stated intent. Attorney Garganese concluded that the body of the ordinance explains the content; however, he would amend the title to specifically clarify the ordinance’s intent.
A motion was made
by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Ordinance No.
11-2006 at First
Mayor Pro Tem Hoog
withdrew the previous motion.
A motion was made
by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Approve Ordinance No.
11-2006 at First Reading to include Language that would Prohibit Special
Exceptions in Residential Uses in the C-1 Zoning Along the A1A Corridor. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
8. Vacation
Rentals.
Mr. Petsos initiated discussion and expressed that the City needs to take
a regulatory position on this matter. He
related that the Code has not been addressed and he did not desire to set a
precedent through absence of regulation.
Mr. Petsos stated that the County has been successful in adherence to
its regulation. Ms. Bowers informed that
under the City ordinance, no one is licensed to operate vacation rentals. Mayor
Pro Tem Hoog stated that enforcement falls under State guidelines. Ms. Bowers stated that the issue was one of
Code Enforcement. Mr. Bruns referred to the
City’s seven-day rental code and clarified that condominiums were not in
discussion at this time. Mr. Petsos clarified
that he was addressing townhomes that are operating as vacation rentals.
Mr. Petsos explained that condominiums have onsite property management
which is not present for townhomes. He related that the Planning and Zoning
Board attempted to apply regulation based on the number of units. Mr. Petsos concluded that the issue was
getting worse and needed to be addressed.
City Council directed staff to find out how the County and other
beachside communities provide successful regulation. Mr. Petsos related how a busload of people used
a townhome as a central point to disembark and then used his private drive for
a turnaround zone. Mayor Pro Tem Hoog
agreed with Mr. Petsos; however, he stated that the existing code had no such
provision and a new provision could be considered a taking of a right. Council expressed agreement for staff to find
out more on the issue.
REPORTS:
1. City Manager
·
Mr.
Boucher reported that the Interlocal
Agreement with the County for North Atlantic was in the
·
Mr.
Boucher reported that Todd Morley was voted President of the
·
Mr.
Boucher reported on the removal of the poles along
·
Mr.
Boucher thanked the City Clerk for filling in during his vacation.
·
Mr. Boucher reported that Health Insurance
Proposals were in and a recommendation would be forthcoming.
·
Mr.
Boucher reported that the Business and Cultural Development Board were in the
process of working on the Community Redevelopment Plan.
·
Mr.
Boucher reported that he met with John Pekar and he would schedule a walk
through on the Manatee
2. Staff
·
City
Treasurer
No report.
·
City
Clerk
No report.
·
City
Attorney
No report.
AUDIENCE TO BE HEARD:
·
Ms.
Kathy Reakes reported that Commissioner Prichard lost the Primary Election. She also stated that Ms. Barbara Murray won the election for
School Board District 2.
·
Mr. Russ
Kaupp and Ms. Marianne Gattuso questioned the close proximity of the Atlantic
Animal Clinic. Mayor Randels pointed
out that when her home was constructed, residential zoning was allowed in that
commercial district. Mr. Kaupp questioned
compatibility issues. The following discussion assured that the facility was
established within its zoning parameters.
Mr. Kaupp questioned a dog run.
Mr. Nicholas stated that Dr. Storts assured that all operations would be
carried on inside the premises.
·
Mr.
Russ Kaupp spoke about that the hazardous
highway traffic while waiting for the bus.
He asked if the City would incur the liability if a bus shelter were hit
and also is there any way to elevate the shelter for safety purposes. Mayor Randels replied that the City had a
certain level of liability under those circumstances.
·
Mr.
Donald Dunn reported that Waste
Management broke the gate at Ocean Woods; however, they were paying for a
replacement.
3. City Council
Mr. Bruns
·
Mr.
Bruns related to parking problems near the beach and considered
utilizing the brush area to the south of the park for parking. Mayor Randels pointed
out that the County offered the park for the City to purchase. He also noted that the park was funded with preservation
grant money and parking may not be a feasible use. Council directed the City Manager to inquire
if the park purchase were still an option.
Mr. Nicholas
·
Mr.
Nicholas asked if there was still an intention from the Beautification Board to
install a gazebo at the
·
Mr.
Nicholas inquired about the Tripple J lawsuit. Attorney Garganese replied that the suit was filed
and the City filed a Motion to Dismiss because the suit was improperly prepared.
The Court dismissed the case and the applicant was given an opportunity to
re-file. The suit is still active.
Mr. Petsos
·
Mr.
Petsos reported he won a free attendance at the
·
Mr.
Petsos inquired about
·
Mr.
Petsos informed that the City received a letter from the President of the
Little League Association asking to return the southwest portion of the
Little League field to its prior
use. Mr. Boucher said he and the
Recreation Director could schedule a meeting with the Little League President.
·
Mr.
Petsos asked if there was any information on the new Ron Jon’s Resort at
the Port. Mr. Boucher replied that at
this time the Department of Community Affairs had not ascertained if Development
Regional Impact study were needed.
·
Mr. Petsos
questioned bus shelter locations.
Mayor Randels replied that Space Coast Area Transit had identified six
locations. Mr. Petsos stated that Mr.
Tom Watts was still interested in installing the bus shelters if grant funding
were not available.
Mayor Pro Tem Hoog
·
Mayor
Pro Tem Hoog reported that he attended a League of Cities conference with the
Save Brevard Committee and the County Commission on the 23rd regarding the Home Rule Charter Amendment resulting
in the County doing away with their proposed referendum question.
Mayor Randels
·
Mayor
Randels reported that Mr. Kohler assumed operational command of Space
·
Mayor
Randels announced that he secured a $10,000 grant from Waste Management to place trash receptacles along the
beach. He is seeking an
additional $10,000 from Keep America Beautiful due to the number of tourists. The Tourist Development Council was also
willing to support a position for someone to drive the trash handling vehicle.
·
Mayor
Randels reported that he worked along with a Waste Management driver on
Saturday, September 2nd. He
informed that only one truck is available for cart system operation. The driver did not leave the city until 11:00
P.M. Mayor Randels stated that the customer
service was inadequate. Mr. Boucher would alert the company of the failure to
produce on the contract. Mr. Nicholas
commented that the company is still seeking contracts and has not performed
adequately for the City’s contract. Mr.
Petsos noted that the driver disembarks from the truck to ensure that any
containers left on the street are emptied which takes more time.
·
Mayor
Randels concluded that the City Manager is working on some personnel issues
at this time.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 9:30 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK