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:
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon Roberts
Others Present:
City Manager Bennett Boucher
City Clerk Susan Stills
City Treasurer Andrea Bowers
Building Official Todd
Morley
PRESENTATIONS:
Dianne Marcum
New Book: Cape Canaveral, Cocoa Beach & Florida`s
Space Coast Great Destinations.
Ms. Dianne Marcum introduced herself as a Central
Florida resident for 25 years and of
Ms. Marcum stated that the book would be available at
notable retail booksellers. She informed
that in the previous year over 40 million people visited Central Florida and
Ms. Marcum shared that Ponce de Leon landed on the
shores of
Ms. Roberts commended Ms. Marcum as a creative
contributory member of the Business and Cultural Development Board due in part
to her executive experience with the Disney Corporation. Ms. Roberts thanked
Ms. Marcum for her efforts in that capacity for the City.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
Ms. Roberts pointed out an
omission of two words on Page 6, paragraph 3 that read,
“… .the City
had not gone on record
with its concerns. The City Clerk would make that correction.
2. Outdoor Entertainment
Permit for the
Mayor Randels informed that the
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Approve Consent Agenda Item No. 1 with the correction noted and Item No.
2. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts,
For.
CONSIDERATION:
3. Motion to Approve: Cooperative Purchase and Installation of
Playground Equipment for
Robert Lefever, Acting
Recreation Director, referred to the anticipated park layout that would be
separated into two sections: one for toddlers and another for adolescents. Mr. Terry Perkins, Representative for
Playmore Recreation, spoke on behalf of the equipment company and informed that
Playmore also sits on the Americans with Disabilities Act [
Mr. Perkins informed that he
performs up to 200 installations per year and he noted that the company also
works with the Brevard, Volusia, and Orange County School Boards.
Mr. Perkins described the
equipment and replied to Mayor Randels that chestnut, green, and beige were the
chosen colors.
Mr. Perkins replied to Mayor
Randels that engineered wood fiber was double-cut wood designed as a mulch that
was
Mr. Perkins referred to the
play web and displayed a piece of the equipment which was cable wrapped with
carpet fibers that provided more flexibility than a steel frame. Mr. Perkins informed that each piece of
equipment had third party certification to meet American Standard Testing
Materials [ASTM] standards. The play web
has visibility through it for safety purposes.
Mr. Lefever replied to Mr.
Petsos that part of the remaining funds would be used for sidewalks as well as:
replacing the perimeter fencing, refurbishing the pavilion, renovating the rest
rooms and landscaping and sod. Mr.
Perkins affirmed to Ms. Roberts that the equipment met ASTM standards; however,
there had been some injuries as a matter of risk.
Mr. Perkins informed that the
company was installing 12-inches of mulch on both playgrounds and he stated
that there was $12 million of liability insurance coverage on equipment
breakage from Play World and $2 million on the installation from Playmore. Mr. Perkins pointed out that the designated
signage would outline the regulations for play.
Ms. Roberts commended Mr. Lefever on his follow-up on Ms. Hanson’s work
to include the Life-Trail. Mr. Perkins
explained the Life-Trail was a walkway with workout stations and was
historically well used.
Ms. Lee Vicidomini asked if the
City would have an equipment maintenance program. Mr. Perkins replied that visual inspections,
removing glass, and tightening bolts were part of the maintenance plan as well
as how often to make inspections. Mr.
Perkins stated that Mr. Lefever would be given special tools, primer, and
graffiti remover. Ms. Vicidomini also
asked if the wood mulch was termite resistant.
Mr. Perkins re-stated that the wood mulch was not treated and informed
that sand was not
Mr. Craig Stewart asked how
long the wood mulch would last at 12-inches deep. Mr. Perkins replied that the mulch was added
to from year to year due to wear and loss.
Mr. Perkins pointed out that the wood mulch was cleaner and at least
three-inches of mulch would be added every year to year and one-half.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
the Cooperative Purchase and Installation of
Playground Equipment for
SITE PLANS:
4. Motion to Approve: Site Plan for
Mayor Randels clarified the
address of
Mr. Todd Peetz, City Planner,
stated that he had the draft minutes available from the previous Planning and
Zoning Board meeting. Mr. Peetz read the Board’s four conditions
into the record as: 1) assure that the front sump pump is consistent with the
water retention calculations, 2) correct the drawing to show that the sidewalks
are not a grassy area, 3) if dry detention is intended, then drainage
engineering shall be provided; however, if dry detention is not intended,
change the wording on the Site Plan to “retention” area, 4) re-examine the soil
elevation around the trees on the east side. (Developer may need to grade
around the trees). Mr. Peetz added a
fifth condition: to limit to thirty-five
percent lot coverage.
Mr. Daniel Coons affirmed to
Mr. Nicholas that the pool had been removed and backfilled. Mr. Peetz stated
that the lot coverage calculated close to 37 percent. Ms. Roberts stated her concern with the
limited green-space.
Mr. Peetz replied to Ms.
Roberts that he believed the Community Appearance Board reviewed the project;
however, he was uncertain if the Planning and Zoning Board’s review was the
same material as the Community Appearance Board. Ms. Roberts stated that she desired to see
what the Community Appearance Board had reviewed. Mr. Peetz stated and Mr. Coons confirmed that
the project was townhomes. Ms. Roberts
requested to see more landscaping in future developments and also for the
Council to view what was given to the Community Appearance Board. Ms. Roberts also clarified that there were no
plans for short-term rentals with this development. Mr. Coons affirmed to Mr. Petsos that a
contiguous four-foot sidewalk was planned on both the Madison and Poinsetta
sides of the project.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Site Plan for
5. Motion to Approve: Site Plan for
Mermaid Key; Martin Greene, Applicant.
Mayor Randels related that the City Attorney recommended a Unity of Title
on the south commercial parcel and the applicant will assume the cost of a
sewer force main relocation. Mayor
Randels reviewed and stated that the content of the Applicant’s packet was
complete. Mr. Peetz stated that there
were no inconsistencies with levels of service.
He read
into the record the seven conditions for approval as recommended by the
Planning and Zoning Board: 1) The sewer line from the south commercial building
needs an easement; and the sewer line needs to be re-located to save a 20-inch
tree; 2) the lift station pump sequence shall be changed so an alarm is
activated if the liquid level rises above the lead pump “on” level and before
the liquid level reaches the lag pump “on” level; 3) the north and south
fountain details shall be re-designed, because the present 18-inch dimensions
are incorrect; 4) provisions shall be made for recycling containers at each
dumpster site; 5) a lighting plan for the streets and sidewalks shall be
submitted and approved by the City; 6) a shared parking easement on the north
parcel shall be approved by the City; and 7) cross access easements shall be
provided on the north and south parcels.
Ms. Roberts asked if this were a condominium or a resort
condominium. Mr. Peetz replied that he
reviewed the project as a condominium and he deferred to the owner, Mr. Martin
Greene, on the use of the property. Mr.
Peetz replied to Ms. Roberts that staff did not review the condominium
documents since those were sent to the State.
Ms. Roberts stated how she hoped to have those documents in the future
since they explain how the condominium would operate in the City. Mr. Peetz replied that the applicant brought
the Community Appearance Board renderings to the Planning and Zoning Board. Ms.
Roberts stated for the record that this was an example of the Council not
receiving the same documents as the Boards.
She also recommended that the Business and Cultural Development Board
review large commercial projects that impact the business community.
Mr. Peetz replied to Ms. Roberts that there was no requirement to notify
adjacent properties. Mr. Peetz responded
that he was not aware that the project would apply affordable housing. Mr. Peetz replied to Ms. Roberts that no water
access was indicated in the plans. Ms.
Roberts also questioned the proposed wall to which Mayor Randels replied that
Attorney Pickles could answer that question.
Ms. Roberts stated her concern with adequate green space in that the
project appeared extensively developed.
Mr. Peetz replied that there were no specimen trees, trees over
24-inches, on the site. Mr. Nicholas
asked if Mr. Greene was fined or tree mitigation required from a past
tree-clearing incident. Mr. Martin
Greene replied that three were placed on public property and two on the
proposed property. Ms. Roberts asked
what types of businesses were proposed for the site.
Attorney Tim Pickles of 3490 US Highway 1,
Attorney Pickles addressed a 20-inch tree for mitigation in opposition to
relocating an easement. Mr. Peetz
informed that the tree was too large for relocation; therefore, it would need
mitigation at a ratio of three-to-four trees.
Mr. Petsos stated that the City required mitigation in order to save
trees. Mr. Martin Greene, applicant on
behalf of the Mermaid Key, LLC, addressed the Council. Mr. Greene stated that, under City code, he
was allowed to mitigate the tree if the sewer line could not be moved.
Mr. Greene clarified the four-part plan as: the north and south
residential plans and the north and south commercial plans. He affirmed to Mr. Petsos that the proposed
project was a phased plan. Mr. Greene
clarified that each building was numbered for the purposes of obtaining
Certificates of Occupancy.
Ms. Roberts asked Mr. Greene if he had briefed the community with his
proposed intentions on the project. Mr.
Greene stated that he had spoken with both Treasure Island and
Mr. Greene replied to Mr. Nicholas that accessibility to the commercial
portion on the south side had its own driveway. He confirmed 108 residential
units proposed for the north side property.
Mr. Greene replied to Mr. Nicholas that there was discussion related to
a traffic light at the end of
Mr. Greene replied to Ms. Roberts that the anticipated wall was a
16-foot, stucco wall and he planned to give the residents of
Mr. Greene explained the intention of two-story townhomes with one-story
flats above them accessible by elevator.
Mr. Greene stated his intention of a deep 12-foot, retention pond in
order to avoid the growth of green algae.
Mr. Greene expressed his intent to use the right to apply as a resort
condominium and the residents could decide whether or not to use it. Mr. Greene clarified for Ms. Roberts that the
new language related to housing was “attainable,” not “affordable,” housing
that under Housing Urban Development meant that it qualified for Section 8
applicants. Mr. Greene stated that the
price range would begin in approximately the $350,000 price range.
Ms. Roberts pointed out that the City had not introduced the concept of
“attainable” housing and the Council had not asked developers to build with
attainable housing in mind. Ms. Roberts
stated that if the City valued the service of those who work in the community,
then attainable housing should be a consideration. Attorney Pickles explained that when a
developer considers attainable housing, the City must also consider some incentive
to the developers for creating that housing.
Mr. Moe Ledeaux, President of Treasure Island Club Condominiums and
Mr.Dan Marshall, Chair of its Easement Committee, addressed the Council
representing those residents and stated that they would have wanted to be
notified of the proposed project. Mr.
Marshall stated that Treasure Island Club had a perpetually exclusive easement
to a recreation area that they have maintained for 19 years. He stated that Mr. Greene’s project would
impact that recreation area by the removal of a 6-foot, wooden fence and
construction of the proposed Site Plan that would overburden, interfere and
possibly destroy the existing recreational easement.
Mr. Marshall stated that the Site Plan would directly interfere with the existing
property rights of individual owners that have individually deeded docks. Mr. Marshall related that Mr. Greene referred
their water-related concerns to the
Mr. Marshall explained how one of the builders negotiated the recreational
easement to Treasure Island Club during a land sale. The easement was recorded in 1988. Mayor Randels concluded that this matter was
a land dispute in a civil issue. Mr.
Marshall explained that a wooden fence exists; however, Mr. Greene was proposing
a concrete wall. Mr. Marshall stated
that Mermaid Key LLC purchased the land from Discovery Bay LLC in 2004.
Attorney Pickles explained that the easement was part of an agreement as
a judgment with the prior development; however, the easement was not an
exclusive easement. The easement was
reflected on the Site Plan. The easement
provided what was required: four picnic tables, a barbeque grill, and a gazebo. The Site Plan acknowledged that the easement
exists and if the Site Plan met the City’s criteria that that was subject of
approval.
Mr. Greene stated that the intention was mutual use with the existing
residents with a new and better gazebo.
Mr. Greene stated Treasure Island Club would have the use of the
property for the picnic table and the gazebo.
Mr. Greene replied to Attorney Garganese that he planned to build a wall
and a new gazebo to replace the existing one that was reflected in the Site
Plan.
Attorney Pickles clarified that Mr. Greene would not build anything that
would obstruct the easement area. Mr.
Marshall stated a difference of the opinion between Treasure Island Club
residents and Mr. Greene’s proposed project.
Mayor Randels pointed out that if there were changes to the proposed
Site Plan, then the developer would need to come before the Council again.
Ms.
Janet Olsen of Treasure Island Club asked if there were an official legal definition
of a resort condominium. Attorney
Garganese responded that resort condominium related to the length of occupancy. Attorney Pickles stated that this was a
residential condominium property not a mixed-use. Attorney Garganese raised the point of life/
safety issues and stated that additional expenditures that the developer would
need to make to meet the State requirements for life/ safety.
Ms. Roberts stated that the nature of the transient element impacted the
neighboring communities which prompted her concern over the lack of
notification requirements to adjacent properties. Attorney Pickles stated that the City’s
Police powers would handle violation of City laws and stated difficulty in
regulating potential behavior. He concluded that if the Site Plan met the code,
he requested that the Council approve the Site Plan.
Mr.
Craig Stewart, Code Enforcement Board Member and Treasure Island Club resident stated
his concern related to the waterway and the tourist boats that enter the canal
several times per day to view the manatees.
He requested to see some action to prohibit anyone from using the canal
area. Mr. Stewart informed that he was
also a member of the Space Coast Association of Realtors Environmental
Committee and he expressed the importance of protecting the environment. Mr. Stewart also stated his concern with
placing short-term dwellings in an area in which those persons would seek use
of the amenities available to the year-round residents in that location.
Mr. Greene clarified that these condominiums were not time-shares;
however, he did plan to use the right to apply as a resort condominium. Mr. Greene stated that he had not applied to
Ms.
Sharon Molinari went on record to state that she did not desire to share any expenses
related to the recreation area with the Mermaid Key project.
Attorney Pickles stated that any proposed conditions would need to follow
the City’s Ordinances as Mr. Greene was willing to work with the Treasure
Island Club residents.
Ms. Roberts requested to table the item until she received more
information related to the lighting, discussions between Treasure Island Club
and the developer, and the development related to the intent of a resort
condominium development.
A motion
was made by Ms. Roberts and seconded by Mr. Nicholas to Table the Site Plan
Approval for the Mermaid Key Project. The vote on the motion carried 3-2 with
voting as follows: Mayor Pro Tem Hoog,
Against; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, Against and Ms.
Roberts, For.
Mr. Greene stated that he had nothing more to bring to the Council and he
went on record stating Mr. Nicholas as biased.
Mr. Petsos requested City staff to locate Mr. Greene’s permit with St.
John’s Water Management District. Mr.
Greene stated that he could not obtain a permit with
Ms.
Janet Clement, Treasure Island Club resident, stated that she was forced to walk over
a sidewalk on State Road A1A broken by the steam shovel performing the tree
clearing on Mr. Greene’s property. Staff
would investigate the location.
Mr. Bill
Campbell asked if the City would continue to pave to
Ms.
Joyce Hamilton asked how many people have come forward with short-term rental
applications. Mr. Boucher replied 29
resort dwelling units and 398 resort condominiums.
A motion
was made by Mr. Nicholas and seconded Ms. Roberts to Extend the Meeting to
10:30 P.M. The vote on the motion carried
5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, For.
REPORTS:
1. City
Manager
·
Mr.
Boucher reported that he met with the
president of Ron Jon’s on his project and he would address the City Council
on August 21st.
·
Mr.
Boucher questioned which of the two
letters the Council desired to forward to the Port? Mayor Pro Tem Hoog related on his discussion
with Mr. Ralph Kennedy regarding the use of
·
Mr.
Boucher reported that the sand by-pass
project was bid. The bids were within the Army Corp of
Engineers estimated prices and Canaveral Port Authority was the project’s
sponsor.
·
Mr.
Boucher encouraged Council to read the quarterly
reports in the Agenda Packets.
·
Mr.
Boucher reported that the sewer force
replacement main project began on Monday, July 16th.
·
Mr.
Boucher informed that the Army Corps of
Engineers required a permit from the City to drill under the road.
·
Mr.
Boucher reported that his Executive Assistant, Kim McIntire, was processing the
Resort Dwelling – Resort Condominium
Applications.
·
Mr.
Boucher informed that during the junction box project the contractor broke the sewer force main some of which went into the
drainage system at
2. Staff
Acting Recreation Director
·
No
report.
Building Official
·
Mr.
Morley clarified that Mr. Greene’s
reference to townhomes was a style; however, under City code townhomes were
individually platted lots.
·
Mr.
Morley informed that the City code
currently did not have any parking regulations for resort condominiums.
·
Mr.
Morley informed that the Fire and Building Department developed a joint inspection checklist with references to
the State code.
City
Clerk
·
No
report.
City
Attorney
·
Attorney
Garganese informed that the City had a situation related to Mr. Hans Saurenmann in which he would
not allow the Building Official on the premises for inspection purposes and
possibly allowing an unlicensed contractor to perform the work. The Cease and Desist Order was ignored;
therefore, as of this date, the City filed an Injunctive Relief action.
3. City
Council
Council
Member Roberts
·
Ms. Roberts stated her concern on the City
Council’s review of a Site Plan and suggested a checklist. Attorney Garganese informed that the City
code needed revision with respect to Site Plan review; however, he explained
that what was in the Code was the law and amendments to the Code required a
decision from the Council.
Council Member Nicholas
·
Mr. Nicholas asked if the City could establish
the nomenclature related to the canal. He had heard it referred to as a
canal, a ditch, or a creek. The City
Manager would seek an answer.
Council Member Petsos
·
No report
Mayor Pro Tem Hoog
·
No report.
Mayor Randels
·
Mayor Randels pointed out that due to the City’s
asphalt road work the property at 8921 Presidential Court was anticipating
run-off. Mayor Randels explained how
Stottler, Stagg and Associates could adjust the property with built-up
grading. Mr. Boucher informed that the
property was originally built below the grade of the road. Mayor Pro Tem Hoog also informed that
impervious concrete was used. Mr. and
Mrs. Al and Lee Vicidomini explained how that type of repair was not durable in
AUDIENCE TO BE HEARD:
There were no further comments.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 10:40 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK