CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER:
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
City Treasurer Andrea
Bowers
Public Works Director Walter
Bandish
Assistant Public Works Director Jeff
Ratliff
Building Official Todd Morley
Recreation Director Robert Lefever
REPORTS:
City
Manager
·
Mr. Boucher
reported that the Legislative Session
began today. Council members
received a narrative report from the Florida League of Cities covering the
various proposed Legislative Bills. He
stated that the League included their position statement with each narrative.
·
Mr. Boucher
reported that he, Mayor Randels, and the Recreation Director attended the
Florida Department of Elder Affairs, Communities
for a Lifetime Seminar, at the
·
Mr. Boucher
stated that the Brevard County Lifeguard
Report was distributed for Council’s review.
·
Mr. Boucher
stated that the Brevard County Sheriff’s
Department Annual Report was also distributed for Council’s review.
·
Mr. Boucher
announced that SeaFest was coming to the
Port and the Council was invited to attend the Opening Ceremony.
·
Mr. Boucher
invited the Council Members attending Legislative Days beginning on March 25th
to the Environmental Protection Summit
planned for March 27th and to please notify his office if they cared
to extend their stay in
·
Mr. Boucher
reported that he notified the Council regarding the Villages of Seaport north entrance gate. He informed that Brevard County Traffic
Engineering investigated the issue and reported that the entrance was not
permitted as a permanent ingress/ egress for the Villages of Seaport. The Building Official had issued a permit for
emergency access only. The County would
subsequently conduct enforcement action with the Villages of Seaport with the
City concurrence.
Ms. Roberts stated that she met with that community
and the access was serving as a transportation relief value for the Villages of
Seaport and Mystic Vistas communities.
She also stated that in consideration of the safety issues along
Mr. Boucher explained that continued use of the
access was a safety concern by
·
Mr. Boucher
informed that Architect’s Design Group was tasked to review joint-use purposes for the Library Meeting Room. Mr. Boucher replied to Ms. Roberts that the
architect would begin to make assessments by the end of March. Mr. Petsos requested a way to quantify the
Library Meeting Room use. Mr. Nicholas
pointed out that evening meetings required Library staffing and evenings could
a viable time for the City to use the room.
Ms. Roberts asked if the City Manager had received an adequate response
on funding related to services. Mr.
Boucher replied that his discussion with the Library Director concluded that
the County did not have a mechanism to provide actual operation costs. Mr. Nicholas explained how the
·
Mr. Boucher
announced that the City of
Staff
·
Chief Dave
Sargeant reported that the Cape Canaveral Volunteer Fire Department was
notified from the Florida Emergency Management Agency that it was awarded the Safer Act Grant for additional
personnel. The costs for the first year
and the remaining year to the City and the Port would be $5,000 for three
additional persons.
Public Works Director
·
No report.
Recreation Director
·
Mr. Lefever
encouraged everyone to attend the Community
Celebration planned for Saturday, March 8th.
City Treasurer
·
No report.
City Clerk
·
No report.
City Attorney
·
No report.
City
Council
Council Member Roberts
·
Ms. Roberts recommended a City Master Plan
that would convey to the citizens the City’s plans for sidewalks, bikeways,
street improvements, lighting, including underground lighting, and
crosswalks. Ms. Roberts recommended
addressing the Master Plan during the Visioning Session.
·
Ms. Roberts raised the issue of hiring a
City Planner and referred to the Business and Cultural Development Board’s
comment that as time expired this was a missed opportunity for possible project
funding. Ms. Roberts requested to place
this on the next Agenda to take action.
Mr. Boucher stated that he provided Economic Redevelopment Grant
information to the Building Official and the City Planner for their review.
·
Ms. Roberts requested a date for the
Visioning Session. Mr. Boucher
replied that he would schedule a meeting following the Legislative
Session. He would schedule a Visioning
Meeting for some time in late April.
·
Ms. Roberts requested recycling bins
for all City facilities. Mr. Boucher
replied that staff would assure that this was done.
·
Ms. Roberts recommended more frequent
community policing and regular patrols monitoring the City’s Presidential
streets. Mr. Petsos added the need for
law enforcement interaction in the community.
·
Ms. Roberts addressed the need for a review
of the roles and responsibilities
of City Boards, interfaces among the respective Boards, and a new
requirement
of biographical sketches for new Board members as well as interview sessions
for Board re-appointments. Ms. Roberts
requested a training refresher from the City Attorney for the City Boards and
City Council.
·
Ms. Roberts addressed the left-hand turn
signal related to State Road A1A and
·
Ms. Roberts requested a status report on
Resort Rentals. Mr. Morley replied
that he would distribute a report to the
Council on the following day. Mr.
Boucher pointed out that the change of use subsequently caused a change of
density; therefore, a resident could not transition from a conforming to a
non-conforming use status. Mr. Petsos
requested a report on those of non-conforming status as well.
Council Member Nicholas
·
Mr. Nicholas commended the Public Works,
Streets/ Maintenance Department related to the well-kept condition of the
Little League field.
Council Member Petsos
·
Mr. Petsos thanked Mr. Bandish for the Sand
Fence estimate cost; however he found it expensive. Mr. Petsos requested to use the Inmate Crew
to help build the fences. He recommended
placing the fences in the re-nourished beach areas. Mr. Petsos asked for Council’s consensus to
pursue the project prior to Turtle Nesting season. Mr. Bandish stated that the estimate was
based on using private individuals. He
stated that the previous fences were constructed through an on-board carpenter
which volunteers installed in Phase I.
The National Emergency Grant workers constructed and installed Phase
II. Mr. Boucher stated that the material
cost was $18,500 and he recommended that the Council approve $20,000 to begin
fabrication during March and April for installation in late April. Mr. Nicholas suggested year-round fence
fabrication. Mayor Randels clarified the
consensus for the City to purchase the lumber and begin fabricating the fences
for installation prior to Turtle Nesting Season.
A motion was made by Mr.
Nicholas and Mr. Petsos to Appropriate up to $20,000 to Begin Fabrication Work
for the Sand Fence Project. 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.
·
Mr. Petsos addressed the community’s youth
and the use of the
year-olds. Mr. Lefever agreed with Mr.
Petsos’ concept to incorporate PAL with the
·
Mr. Petsos thanked the Sheriff’s Office
Precinct for the increased monitoring of the
Mayor Pro Tem Hoog
·
Mayor Pro Tem Hoog reported that the sewer
line project would be water and pressure tested on March 5th and
subsequently completed.
·
Mayor Pro Tem Hoog addressed lighting
along
·
Mayor Pro Tem Hoog related on how a City
Board Member responded to a direction from the Council and how
that Board Member campaigned against an issue which the Council gave the Board
to review. He stated that while a Board
Member might have an opinion, he did not think it proper to publicly campaign
against a project. Ms. Roberts responded
that the Board Member was speaking
as a resident and made that position known from the beginning.
Mayor Randels
·
Mayor Randels announced a successful Little
League Opening Ceremony.
·
Mayor Randels announced that all the Mayors
in
·
Mayor Randels reported that
·
Mayor Randels reported that the new Ocean
Woods Homeowners’ Board was reviewing the City Manager’s letter related to
the City assuming their sewer system.
·
Mayor Randels reported that the East
Central Rails-Trails between Brevard and
·
Mayor Randels asked if there were any
critical element in the Total Maximum Daily Load [TMDL] State Wastewater
Treatment Plant requirement. Mr. Ratliff
replied that the City would need to send a representative when committees begin
to form in the fall.
AUDIENCE TO BE HEARD:
·
Mr. Arthur
Berger requested for the City to notify the Resort Dwellings applicants when City Council planned further
discussion on that issue.
BOARD
MEMBER INTERVIEW:
Lori
Peppers - Business and Cultural Development Board Prospective Applicant.
Ms.
Peppers affirmed that all of the information on her application was true and
correct to the best of her knowledge.
Ms. Peppers informed that she worked for Stottler, Stagg and Associates
for the past three years. She stated how
she desired to be part of the process that helped to enhance the further
development of the City’s business and cultural events. Ms. Peppers stated that she had 20-years
Marketing experience and a degree in Journalism. She stated that she hoped to bring new and
fresh ideas to the Board. Ms. Roberts
informed that Ms. Peppers’ background was more extensive than what she conveyed
and the City was fortunate to have her talent for the Board.
Ms.
Peppers acknowledged her husband, Jeff Peppers and Ms. Joanne Muncey and Ms.
Dianne Marcum from the Business and Cultural Development Board who were in the
audience. Mr. Nicholas noted that Ms.
Peppers was not a City resident and he commended her for her interest in serving
the community. Mayor Randels stated that
the Business and Cultural Development Board was her preferred choice. In conclusion, Mayor Randels stated that a
Resolution for Council’s consideration would be placed on their next Meeting
Agenda.
CONSENT AGENDA:
1. City Council
Regular Meeting Minutes of
2. City Council Regular Meeting Minutes of
3. Motion
to Adopt: Resolution No. 2008-06; Appointing an Alternate Member as a Regular
Member to the Code Enforcement Board.
Mayor
Randels questioned if any Council member, staff or interested party desired to
remove any of the items for discussion.
Ms. Roberts requested to remove Items No. 1 and 2 for
discussion.
A motion
was made by Mr. Nicholas and seconded by Ms. Roberts to Approve Consent Agenda
Item No. 3. 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.
Mayor Randels noted a correction for Page 10, Item
No. 10 to incorporate Ms. Roberts’ four numbered items related to the
Cooperative Beach Cleaning equipment purchase with the City of Cocoa
Beach. Mayor Randels also noted that
Item No. 13 would be written to state that: The Item Died for Lack of a Motion.
Ms. Roberts questioned the Minutes of February 19th
related to the mandamus in the Tripple J lawsuit as reported by the City
Attorney. Attorney Garganese stated that
he would provide the City Clerk clarification of his statement.
A motion
was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda
Items No. 1 and 2 as amended. 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:
4. Motion to Approve: First Responder Agreement with the Board
of
Fire Chief Dave Sargeant stated
that the Department would strongly support funding for this service from the
County in light of discussed budget cuts.
Chief Sargeant requested Council’s support in the upcoming year to
ensure that the City receives it proportionate share. He recommended approval of the Agreement.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve
the First Responder Agreement with the Board of
ORDINANCE: First Public Hearing:
5. Motion
to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained
Earnings Reserve Policy.
Mayor
Randels read Ordinance No. 01-2008 by title.
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 2, ARTICLE V., OF THE CODE OF ORDINANCES RELATED TO
FINANCE TO ESTABLISH A FUND BALANCE/ RETAINED EARNINGS RESERVE POLICY;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Ms.
Bowers stated that the Ordinance was comprehensively drafted. Mr. Boucher reminded that the amount of set
aside funds could be reviewed each Budget year.
Mr. Petsos questioned what it would take to operate the City for six
months if there were no incoming revenue.
He wanted to ensure that the City was properly covered with the amount
set aside. Ms. Bowers assured that the
Government Finance Officers Association established 20 percent as a
target. Discussion clarified that 20
percent was the minimum amount of recommended set aside funding. Ms. Bowers concluded discussion stating how
set aside funds accomplished the City’s street repaving.
There
was no public comment.
A motion was made by Ms. Roberts and
seconded by Mr. Petsos to Approve Ordinance No. 01-2008 at First
RESOLUTION:
6. Motion
to Adopt: Resolution No. 2008-05; Urging Bright House Networks Cable Company To
Move Back The Government Channels From 199 To 99, 198 To 9 And Make Access To
Those Channels Free Of Charge To
Mayor
Randels read Resolution No. 2008-05 by title.
A RESOLUTION OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, URGING
BRIGHT HOUSE NETWORKS CABLE COMPANY TO: MOVE BACK THE GOVERNMENT CHANNELS FROM
199 TO 99, 198 TO 9 AND MAKE ACCESS TO THOSE CHANNELS FREE OF CHARGE TO CAPE
CANAVERAL AND BREVARD COUNTY RESIDENTS; PROVIDING FOR AN EFFECTIVE DATE.
Mayor
Randels informed that some residents still use analog receivers and Bright
House Networks will furnish the digital receivers; however, there would be a
$1.00 charge. Mayor Pro Tem Hoog stated
that the Resolution would provide a unified position from the municipalities
through the League on this issue.
There was
no public comment.
A motion was made by Ms. Roberts and
seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-05. 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.
DISCUSSION:
7.
Mayor Randels explained how the Planning and Zoning Board held several
meetings for building height discussion.
At their meeting on February 27th, the Board recommended to
City Council that the building height in the C-1 and C-2 zoning districts be
limited to five-stories, but allowed an increase to 65-feet. Mayor Randels clarified that these zoning
districts did not include ocean or river properties.
Ms. Jamie Coker of Miller, Legg and Associates, Inc., addressed the
Council on behalf of City Planner, Todd Peetz.
Ms. Coker pointed out how the maps in the City Council packet depicted
an allowance in Section C-7 for 50-feet of height at 200-feet or greater from
existing residential. Ms. Coker
explained how the height varied at each footage from residential and explained
the depiction of 55-feet of height at 300-feet or greater from residential, and
60-feet of height at 400-feet or greater from residential.
Mr. Art Berger, Contractor for the Sheldon Cove Project, explained how a
12-foot ceiling was proposed for the retail shops. These higher ceilings would sustain the
ductwork and suspension as there were no load-bearing, interior partition walls
as in condominiums and residences. Mr.
Berger concluded that the planned ceiling heights were 12-to14-feet for the
retail shops and 9-to10-feet in the Class A offices with a glass dome top. The total height compressed came to 64-feet,
9-inches; therefore, they made a request for a 65-feet height and only in the
C-1 zoning district in the State Road A1A corridor. Ms. Coker affirmed that the area in
discussion was along State Road A1A only and in the C-1 and
C-2 zoning districts.
Mayor Randels replied to Ms. Roberts that C-2 zoning was included. Mr. Boucher affirmed for Ms. Roberts that
this would impact the
Ms. Dianne Marcum related how the Redevelopment Plan addressed a desire
for mixed-use and professional office space in the City. Mr. Nicholas asked how the proposed height
limitation impacted green space and he asked if the Planning and Zoning Board
had taken green space into consideration during their discussion. There was no
response to Mr. Nicholas’ question. Mr. Nicholas also brought up if this would
become the town center. Ms. Roberts
responded that residents referred to the project as a town center for retail
purposes. Mr. Boucher stated that staff
required direction from the Council on this issue.
Mr. Petsos stated that: 1) he favored looking at the building height
issue from a city-wide perspective, 2) he favored the proposed height increase
with a reduced footprint, and 3) the project had city-wide potential impact;
therefore, he desired a Referendum on the issue. Ms. Roberts stated that the traffic
assessment was yet a concern of development.
In light of the forthcoming discussion on the Citizens Participation
Program, she hoped that the Council would complement the referendum with a
series of Workshops. Mayor Pro Tem Hoog
stated that he desired public meetings and not a Referendum. Discussion followed on how the City staff should
conduct informational sessions for the public, aside from Mr. Mays’ project,
but inclusive of other City areas in the C-1 and C-2 zoning districts. Mayor Randels presented a synopsis of the
discussion as: 1) review the effects of building height city-wide, and 2)
consider the effects in the C-1 and C-2 zoning areas, and 3) progress in a
timely manner.
Discussion continued related to developing language to establish a
specific zoning district related to building height. Ms. Roberts requested a schedule from staff
with steps related to time frames to reach closure. Council then discussed traffic concurrency
and its impending impact in relation to the proposed improvements on State Road
528. Mr. Nicholas asked the City
Attorney for the time frame to place a Referendum on the ballot. Attorney Garganese replied generally late
August or early September; however, the Supervisor of Elections office could
provide a specific date.
In response to Mayor Randels’ inquiry of additional questions, Ms.
Roberts recommended contributions from the developer toward additional green
space and to seek examples of that being done in other communities. Mayor Pro Tem Hoog inquired about the rear
parking garage and asked if that would be considered part of the project. Discussion affirmed that parking was
included. Mr. Petsos asked the City Manager to make note of the increased
height with a reduced footprint. Mr.
Petsos also requested to include the vacant and potentially vacant mobile
parks.
Mr. Berger informed that developer’s now build green, using recycled
products, which adds to the environment.
Mr. Berger reviewed properties on the State Road A1A corridor and stated
that there were no other 5-acre parcels along State Road A1A. Mr. Tom Hermansen of the Residence Inn by
Marriott asked if the Council planned to include Industrial zoning. Mr. Boucher replied that the recommendation
did not include the Industrial zoning district, just the C-1 and C-2 zoning
district.
Ms. Marcum presented an example on how to increase General Fund revenue
from Ad Valorem taxes through increased property values. Mr. Nicholas stated, however, that the City
did not receive its General Fund revenue from Ad Valorem taxes. Ad Valorem taxes were derived from Police,
Fire, Beautification, and Library taxes. Mr. David Shirtzinger, a Canaveral
resident, stated his hope for the Council to task the City Planner and Planning
and Zoning Board to develop options to accomplish what was presented related to
the building height issue. Ms. Joyce
Hamilton added that business and sales tax meant increased revenue.
Mr. Harry Pearson, Planning and Zoning Board Member, stated that
permitting 65-feet would set a precedent to consider higher buildings. At this time, Mr. Berger inquired about a
time frame to proceed with construction.
Mr. Boucher referred to the C-2 Zoning District development and reminded
how a draft amendment was distributed to the property owners for their
input. If the Council desired to hear
from the community, then Mr. Morley could present height amendment information
at the Community Celebration in order to gain public feedback. Mr. Boucher stated that he and staff would:
1) gather the sample maps, 2) develop the proposed Ordinance language, and 3)
draft meeting notices. He recommended
the first week in April for a Town Meeting on building height. Mayor Pro Tem Hoog suggested coverage in the
Hometown News.
Mr. Pearson stated the need for further study and discussion on the
option presented to setback the footage from residential zoning based on
increased height. Mayor Randels stated
that the Council was not prepared to make a decision on that option at this
time. Mr. Morley reviewed the shadow
casting chart and concluded that this was intended to provide an idea of how
far the building would cast a shadow.
A motion
was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Extend the
Meeting for 15 Minutes. 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.
Mr. Bill
Mays first commended Ms. Roberts for her appointment as a delegate to the Democratic National Convention. He also thanked Mayor Randels for referring
to him as an Investor. Mr. Mays stated
the importance of understanding the dynamic of time and he expressed his
agreement with Mr. Berger’s idea of a schedule.
Mr. Mays asked the Council to keep in mind that in the year 2010, the
community would experience some impact.
In summary, he stated why this was a good economic time to proceed with
the construction.
Mr. Boucher
clarified that: 1) Mr. Morley would set up a public feedback table with maps at
the Community Celebration on Saturday, March 8th, 2) staff would schedule a
meeting in early April inviting the C-1 and C-2 property owners along State
Road A1A to discuss the proposed code amendment and obtain their feedback, and
3) the Building Official and City Planner would establish a schedule for public
hearings to coincide with the amendment.
In conclusion, Mayor Randels stated that Council would continue to
discuss the progress of the amendment at each City Council meeting up to its
conclusion.
8. Citizen Awareness and Participation
Plan.
Mayor Randels stated that the Planning and Zoning Board provided a
recommendation to not add another level in the process. Ms. Roberts requested to table the Item until
the next City Council meeting.
A motion
was made by Ms. Roberts and seconded by Mr. Nicholas to
Table Item
No. 8 until the
5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr.
Petsos, For; Mayor Randels, For and Ms. Roberts, For.
A
motion was made by Mr. Nicholas and seconded by Ms. Roberts to Table the
remainder of the Council Discussion Items.
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.
9. Florida
Department of Community Affairs Draft Legislation 2008.
10. Temporary
Off-Premises Signs.
11.
ADJOURNMENT:
There being no further
business, the meeting adjourned at 10:12 P.M.
______________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK