CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

April 1, 2008
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                                     Bennett Boucher
Assistant City Attorney                     Kate Latorre
City Clerk                                           Susan Stills

Public Works Director                      Walter Bandish
Assistant Public Works Director     Jeff Ratliff

Building Official                                 Todd Morley

Recreation Director                          Robert Lefever

 

REPORTS:

 

City Manager

·                    Mr. Boucher addressed the Mermaid Key Project and informed of a payment of $49,063 toward the total cost for the sewer line relocation.  He received word from St. John’s that a permit will be issued shortly for that project.  The total cost of construction was just over $34,000, legal fees were $6,300 and engineering fees were $8,500.  Mr. Boucher explained how teamwork helped to reduce the anticipated cost of $109,000.

·                    Mr. Boucher informed that the Space Coast League of Cities needed representation for its Coastal Communities Coalition.  Mayor Pro Tem Hoog informed that five other cities would also participate.

·                    Mr. Boucher distributed a draft Statutory Chronic Nuisance Abatement Code for an anticipated First Public Reading at the April 15th City Council Meeting.

·                    Mr. Boucher reported that he and Mayor Randels attended the Redevelopment Association Conference.  The prevalent theme was a move toward densely populated urban centers due to energy conservation and commuting.  He saw this as a component of the “green cities” initiative.  Mr. Boucher stated that he forwarded a link to the Council and staff for www.walkscore.com which gauged the number of community services near their address.

·                    Mr. Boucher addressed Council’s meeting calendar.  He stated that his Administrative Assistant needs input from the Council on their attended meetings.

·                    Mr. Boucher announced the Volunteer Board Banquet on Saturday, April 12th.

·                    Mr. Boucher also announced that the City Attorney’s Office would conduct a Sunshine and Ethics Law refresher with the City Council and City Boards.  Date and time would be announced.

·                    Mr. Boucher informed that the City Attorney’s Office was preparing a draft for the next Sign Code meeting.

·                    Mr. Boucher informed of an upcoming meeting with the City Treasurer related to the anticipated City Budget.  Ms. Roberts suggested leveraging with Grant funding and possible amendments to the City’s fee structure.  Mr. Boucher stated that he would seek to schedule these meetings on April 22nd, April 24th or April 29th. Mayor Randels clarified that Cape Canaveral would host the Space Coast League of Cities dinner on Monday, April 21st.

·                    Mr. Boucher reported on a successful 2nd Annual Art Show.

·                    Mr. Boucher reported that the beach-side City Managers would meet to discuss options to save costs.

 

Staff:

 

Recreation Director

·                    Mr. Lefever reported that Spring Break Camp flyers were available and noted the Recreation Department’s anticipated events.

 

Public Works Director

·                    Mr. Bandish reported that the Sewer Force Main project was completed.

·                    Mr. Bandish reported that the Laboratory re-roof project was completed.

·                    Mr. Bandish reported that the Public Works Maintenance building has electric power.

·                    Mr. Bandish reported that the Generator Pad was installed and he anticipated receiving the generator within two weeks.

·                    Mr. Bandish informed that the Sand Fences would be delivered on April 7th.

·                    Mr. Bandish stated that the Reclaimed Water schedule was: 8 AM to 10 AM and 6 PM to 10 PM.

 

Building Official

·                    Mr. Morley reminded of the Town Hall Meeting on Thursday, April 3rd related to Building Heights.  Ms. Roberts requested that he document the meeting’s discussion.  Mr. Morley stated that he sent notices to the business property owners in the C-1 and C-2 zoning district along State Road A1A. Mr. Morley concluded discussion saying that this would be the first of many meetings.

 

City Clerk

·                    No report.

 

City Attorney

·                    No report.

 

City Council

 

Council Member Roberts

·                    Ms. Roberts requested a professional facilitator for the City Visioning Session.  Ms. Roberts expressed her concern over the lack of a professional facilitator for a strategic session and the lack of follow-up from the previous year.  Mayor Pro Tem Hoog saw this as additional cost to the City.  Mr. Petsos stated his support for the City Manager to conduct the session.  Ms. Roberts requested pre-work prior to the Visioning Session, and planning for more than one year. 

·                    Ms. Roberts informed that Council Members met with newly elected State Representative Tony Sasso and other delegates during the previous Legislative Days. 

·                    Ms. Roberts asked if the Council desired to collectively plan for hosting the Space Coast League of Cities dinner.  Mayor Pro Tem Hoog stated that the League sets the evening’s Agenda.  Mr. Petsos clarified that the Mayor performs introductions.  Ms. Roberts recommended a souvenir for the attendees.  Ms. McIntire would coordinate this project.

·                    Ms. Roberts informed that she contacted Commissioner Chuck Nelson’s office related to the County’s Management Information and Accounting system.

·                    Ms. Roberts provided follow-up action research on the two properties near the Country Inns and Suites at costs of $850,000 and $1.3 million at a combined total of $2.2 million for a possible City welcome center.

·                    Ms. Roberts asked if there were a Citizens’ Academy for the City.  Mr. Boucher informed that the Fire Department attempted to conduct a Community Emergency Response Team training session; however, the registration number did not warrant a class at this time.

·                    Ms. Roberts expressed concern from some of the residents at Solana Shores related to the Beach Cleaning Equipment based on feedback from environmentalists and areas that have used beach rake equipment.  She would provide more specifics at a later date and time.  Mr. Boucher stated that the City had its guidelines from the Florida Fish and Wildlife Commission and he would share a copy.

 

 

Council Member Nicholas

·                    Mr. Nicholas addressed the parking area at an outside commercial storage facility across from the Post Office.  He questioned the parking requirement related to commercial storage areas.  He requested that the Building Official provide further research.  

·                    Mr. Nicholas questioned if the City could have the City Engineers prepare the conduit portion of the Ridgewood Avenue project in an effort to segment, and then begin the project.  Mayor Pro Tem Hoog stated that the City would need engineering from Florida Power and Light prior to establishing the conduit locations.

·                    Mr. Nicholas expressed concern saying that land values have changed.  He questioned if the Brevard County Appraiser planned to reappraise properties.  The
City Manager made note to research. 

·                    Mr. Nicholas provided positive feedback on the Satellite Beach and Cocoa Beach DVDs; however, he stated that he also wanted a written account.  Mr. Boucher stated that the City Clerk had researched the costs.

 

Council Member Petsos

·                    Mr. Petsos provided feedback on his research saying that people were making their turn on Thurm Blvd. in order to avoid that left-turn signal at Central Blvd.

·                    Mr. Petsos informed of an Ad Hoc Committee on the County taxing situation.  Information was forthcoming.

 

Mayor Pro Tem Hoog

·                    Mayor Pro Tem Hoog informed that during the Space Coast League of Cities meeting a Green Cities Coalition was established. The Board of Directors desired a representative; therefore, Mayor Pro Tem Hoog nominated Ms. Roberts to represent the City.

·                    Mayor Pro Tem Hoog questioned the City Attorney on a Property Rights issue related to Milo v. Venice, Florida. Attorney Latorre explained the City of Venice had no zoning regulations in place limiting short-term rentals.  She stated that this ruling would have no effect on Cape Canaveral’s zoning scheme.

·                    Mayor Pro Tem Hoog provided feedback on the success of Legislative Days.

·                    Mayor Pro Tem Hoog requested more progress related to the Mixed-Use discussion.  Mr. Morley informed that this would be the only item on the upcoming Planning and Zoning Board Agenda.

·                    Mayor Pro Tem Hoog informed that business and property owners were saying that they did not receive Notice of the upcoming Town Meeting.  Mr. Morley explained that he used the Brevard County Property Appraiser’s database.  He stated that there was no requirement for the Notice; it was a courtesy attempt to promote public interest.  Ms. Roberts stated that community awareness of the meeting was not very high and suggested more advanced planning and media follow-up.  Mr. Osborne suggested an E-mail sign up from the City’s web site for future Town Hall meetings.  Mayor Randels noted the additional staff time required to pursue the idea.

 

Mayor Randels

·                    Mayor Randels talked about the State’s revenue challenges.

·                    Mayor Randels conveyed positive feedback on the Redevelopment Association Conference.

·                    Mayor Randels commended Mr. Jeff Ratliff on the Sand Fence application.  Mr. Petsos stated that an environment committee in Tallahassee was working on a waiver for the sand fence installation.

·                    Mayor Randels spoke on the availability of the Field In-house Training Officer with the Cape Canaveral Precinct.  This provides the City with an extra patrol car and sworn Deputy at no cost.

·                    Mayor Randels announced that he was invited to speak before the Governing Board of St. John’s Water Management District on the City receiving grants.  Mr. Ratliff provided the project list for presentation.

·                    Mayor Randels informed that he met with the Florida Trust for Public Lands while in Tallahassee.  He stated that Carver’s Cove was still available for sale and there was an agency that could assist with Grant writing and developing a ballot referendum; however, the decision to submit another grant application would be a consideration for the Council.

·                    Mayor Randels reported on a water quality report done by the Marine Resource Council from the Indian River Lagoon.  The report measures for salinity and clarity.  Cape Canaveral received an “A” report.

 

AUDIENCE TO BE HEARD:

·                    Mr. Ray Osborne invited the City Council and the Planning and Zoning Board to the Green Building Techniques meeting on April 11th at Noon at the Omelet Station sponsored by the Press Club.  Ralph Kennedy is the Speaker who will talk about the techniques used for the Sunrise Bank.  State Representative Tony Sasso would be the Speaker for May.

·                    Mr. Osborne questioned if there were any interest in planting trees on Hall Island.  Mr. Ratliff explained how storm events would impact the trees.  Mr. Nicholas stated that Hall Island was not within the City’s jurisdiction and Mr. Boucher added that submerged land was a State matter.  There was no further discussion.

 

CONSENT AGENDA:

 

1.         City Council Regular Meeting Minutes of March 18, 2008.

 

2.                  Motion to Adopt: Resolution No. 2008-09; Appointing a Member to the Beautification Board (T. Wheaton).

 

Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion.

 

Ms. Roberts stated that she would like to remove Item No. 1 for a brief discussion.

 

A motion was made by Mr. Nicholas and seconded by Mayor Randels to approve Consent Agenda Item No. 2.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

Ms. Roberts pointed out for the Minutes to clearly state the Council’s consensus for the City Manager to pursue advertising for the Planning and Development Director position.

 

A motion was made by Ms. Roberts and seconded by Mr. Petsos to approve the City Council Regular Meeting Minutes of March 18th with amendments.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

ORDINANCES: First Public Hearing:

 

3.         Motion to Approve: Ordinance No. 04-2008; Amending Chapter 110, Zoning, Related to Courtesy Notices for Public Hearings; Providing that Courtesy Notices may be Sent by Regular Mail or Postcard, at First Reading.

 

Mayor Randels read Ordinance No. 04-2008 by title.

 

AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ZONING, RELATED TO COURTESY NOTICES FOR PUBLIC HEARINGS,

 

Mr. Morley explained how the amendment would change the use of Certified Mail Notices to Regular Mail post card at a $5.00 cost reduction per piece to the applicant. Mr. Morley explained that he sought to find out how other municipalities performed Public Notice mailings which resulted in 22 percent of undeliverable pieces.  Mayor Randels noted that one applicant paid approximately $2,000 to mail Notices of a Special Exception.  Mr. Morley emphasized that the amendment would address “courtesy” notices only, not State required notices. 

 

Mr. Nicholas pointed out that of the 22 percent undeliverable; however, 78 percent was successful which was significant.  Mr. Nicholas recommended retaining the Certified Notices related to Zoning.  Mr. Petsos referred to a motion made to approve this, but to have the City Manager approve when Certified Mailings were done.  Mr. Morley recalled that the discussion placed the City Manager in a position to make a judgment call related to how Public Notices would be issued.  Attorney Latorre stated that leaving the City Manager in that position might result in an Equal Protection Under the Law claim.  Ms. Roberts expressed concern with how out-of-town residents would receive the Notice.  She suggested a time frame.

 

Mr. Morley explained how the City Clerk’s Office has a working relationship with a local mailing firm.  Ms. Roberts noted that timing was slower with regular mail and would hinder out-of-state owners from a timely response.  Ms. Roberts recommended sending notices 30-days prior to the action.  Attorney Latorre explained that this was for courtesy notices only.  Mr. Russell stated that although the Certified Mailings are sent, the City gets minimal attendance.  Discussion followed to continue with the Courtesy Notice practice.  Mayor Pro Tem Hoog expressed his approval with the Certified Notice for Land Use and Zoning Change Amendment.  Mr. Morley clarified that post cards would relate to Variances and Special Exceptions only; however, Zoning and Land Use Amendment would require Certified Mailing.  Mr. Petsos asked if this amendment would require another first reading.  Attorney Latorre replied that it would not.

 

Ms. Roberts recommended changing the number of days for public notification from
10 calendars days to 30 calendars days for an adequate notification.  Attorney Latorre clarified that Public posting included posting the property, posting at City Hall, notifying the adjacent Property Owner and notifying the applicant.  Mr. Morley stated staff would need to clarify the time frame to the Applicant.  Mr. Petsos recommended for City staff to post the property. 

 

A amendment was made to the main motion by Ms. Roberts and seconded by Mr. Nicholas to Approve Ordinance No. 04-2008 as amended to change Section 110-28, Due Process, Special Notice changing the number of days from 10 calendar days to 30 calendar days at First Reading.

 

Ms. Roberts referred to the 500-feet zoning radius and asked Mr. John Grandlich of Cape Caribe, Inc. if the range was adequate.  Mr. Grandlich affirmed that the range was adequate.  Ms. Roberts asked Mr. Werner Grewe, a Solana Lake resident,  if the 500-feet range was adequate.  Mr. Grewe replied that due to the relative impact of the Coastal Fuels application, the range should extend beyond the 500-feet radius.

 

Discussion followed on whether to include the web site under the courtesy or mandatory notices.  Discussion concluded that placement on the web site would be a courtesy due to any unforeseen circumstances beyond the Applicant’s control.

 

A Second Amendment was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Add to “on the City web site” to Section B, Item 3.

 

A Third Amendment was made by Mr. Nicholas and seconded by Mr. Petsos that Zoning Notices and Land Use Amendment continue as Certified Mail. 

 

Due to the number of proposed Amendments, Attorney Latorre recommended returning to the April 15th City Council Meeting for a First Reading.  Mr. Nicholas requested a provision to clearly state that City staff would perform the property posting.

 

A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Table Ordinance No. 04-2008 until the City Council Meeting on April 15th to include all revisions as recommended by the Council.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

4.         Motion to Approve: Ordinance No. 05-2008; Amending Chapter 22, Community Development of the City Code Related to Community Appearance Review; Amending Section 22-40 to Clarify Which Properties
are Subject to Community Appearance Board Review Prior to Any Building Permit Being Issued, at First Reading.

 

Mayor Randels read Ordinance No. 05-2008 by title.

 

AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, OF THE CITY CODE RELATED TO COMMUNITY APPEARANCE REVIEW; AMENDING SECTION 22-40 TO CLARIFY WHICH PROPERTIES ARE SUBJECT TO COMMUNITY APPEARANCE BOARD REVIEW PRIOR TO ANY BUILDING PERMIT BEING ISSUED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.

 

Mr. Morley explained the results of the previous Ordinance and how the proposed change in Section 22-40 would restrict review to C-1, C-2, and M-1 zoning districts.  Ms. Joyce Hamilton stated that this would affect her residence which was in the C-1 zoning.  Mr. Morley stated that the intent was to return the Ordinance to its original intent of new construction review only. Attorney Latorre clarified that changing residential colors did not apply to pre-existing homes.

 

A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 05-2008 at First Reading with the Clarified Provision from the City Attorney.  A motion was made by Mayor Pro Tem Hoog, For; Mr. Nicholas, For;  Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

ORDINANCES: Second Public Hearing:

 

5.         Motion to Adopt:  Ordinance No. 02-2008; Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park in Cape Canaveral, Florida, at Second Reading.

 

Mr. John Grandlich stated that Cape Caribe, Inc. addressed the Council and respectively requested to Table this Item until the firm could present a revised Site Plan.  Mr. Boucher clarified that Cape Caribe Inc. would again bear the cost of the Display advertising prior to a Second Reading.

 

A motion was made by Ms. Roberts and seconded by Mr. Petsos to Table Ordinance No. 02-2008 at the Applicant’s Request for Time Indefinite.  Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

6.         Motion to Adopt: Ordinance No. 03-2008; Changing the Zoning Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the
Southwest Corner of Jetty Park in Cape Canaveral, Florida, at Second Reading.

 

The Applicant would also bear this cost of Display advertising prior to a Second Reading.

 

A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Table Ordinance No. 03-2008 at the Applicant’s Request for a Time Unspecified.  Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

DISCUSSION:

 

7.         Central Canal Area.

 

Mr. Nicholas restated his concern with calling this area a ditch.  He expressed the concept of a pedestrian walkway that would be aesthetic and environmentally friendly.  Mr. Ratliff stated that grant funding was available for the south portion of Central Blvd. only.  Discussion focused on nomenclature for the water body.  Mr. Russell clarified that the water body was free flowing.  Mr. Nicholas requested to name the water body the “Canaveral Canal.”  Mr. Boucher stated that the naming would not have any affect with regulatory agencies.  Ms. Roberts suggested Beautification Funds toward aesthetic efforts.  Mr. Ratliff explained the mowing requirements and stated that there were anticipated improvements with the new Mowing contract.  Mr. Ratliff stated that this addressed the east side of the project only; United Space Alliance (USA) was the adjacent private property. 

 

A resident asked if the City Attorney could define “canal.”  Mr. Tom Garboski stated that a canal was a navigable waterway.  Attorney Latorre and Mr. Boucher conducted an online search for a definition.  Mr. Boucher then read the definition for a canal from the City code saying that a canal, as stated in the City’s Subdivision Code, required 100-feet in width at a minimum.  Due to the inability to adequately define the waterway, the motion was withdrawn.

 

 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to name the Central Blvd. waterway the “Canaveral Canal.”  The motion and second were withdrawn by the maker and second of the motion.

 

8.         Temporary Off-Premises Signs.

 

Ms. Roberts proposed to table this Item until the City Council Meeting on April 15th.  Any discussion was intended to review a more flexible approach for real estate signs during weakened economic times.  Mr. Morley clarified that at no time, however, would a sign be allowed in the right-of-way and the Ordinance to relax signage addressed on-premise only.

 

 ADJOURNMENT:

 

There being no further business, the meeting adjourned at 9:45 P.M.

 

 

                                                                                    _________________________________
                                                                                    Rocky Randels, MAYOR

________________________________
Susan Stills, CMC, CITY CLERK