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					                                COUNCIL MINUTES
                                OCTOBER 5, 2005

Pursuant to Public Notice, Mayor Brimer convened a regular meeting of the City
Council on Wednesday, October 5, 2005, at 7:00 p.m., in the Council Chambers.
Those present were Mayor Mark Brimer, Vice-Mayor Joseph Ferrante, Councilman
Dominick Montanaro, Councilman Frank Catino, City Manager Michael P. Crotty, City
Attorney James Beadle, and City Clerk Barbara Boyens. Councilman Sal D’Amato
was not able to be present.

Vice-Mayor Ferrante led a moment of silence and the Pledge of Allegiance.

CITIZEN COMMENTS

Pat Utecht, 235 Hedgecock Court, told of the history of the construction of the
Ramada Inn and stated that a hotel with a restaurant and function/meeting rooms are
needed. He asked if there is a way that Council can conduct a “straw vote” to find
out whether the citizens want to keep a hotel in the City.

COUNCIL COMMENTS

Councilman Catino asked for a report from staff regarding the LDR’s now that they
have been in place almost a year, specifically as they pertain to the Redevelopment
District. Business owners have approached him on sign regulations and there are
issues with lot sizes, building sizes, and setbacks on existing lots.

Councilman Montanaro reported that he attended the Code Enforcement Board
meeting and the Florida Shore and Beach Preservation Annual Conference. Sand is
the topic all over the State. Areas that have engineered beaches are getting
replacement sand. We do not have any engineered beaches; that, together with the
worm rock, have hindered sand placement in Satellite Beach.

CITY ATTORNEY REPORT

City Attorney Beadle did not have a report.

CITY MANAGER REPORT

City Manager Crotty presented a letter he had drafted in response to concerns
expressed by Iva Walton at the last Council meeting regarding drainage and paving
in the area of Greenway and Temple. The City has signed a grant contract for
Cassia Phase 1 Drainage Improvements which will address the problems cited by
Mrs. Walton. This project will be under construction in approximately eighteen
months. That area will be paved after the drainage project has been completed.
Council concurred that Mr. Crotty should send the letter to Mrs. Walton.
COUNCIL MINUTES
OCTOBER 5, 2005                                                            PAGE 2

In response to a request for a meeting between the City Council and the Florida
Department of Transportation (FDOT) engineers regarding improvements to South
Patrick Drive, Steve Ferrell, FDOT consulting engineer, suggested meeting October
18 or 20 at either 10:30 a.m. or 1:30 p.m. Taking into account the importance of the
issue and the unavailability of Council Members for a daytime meeting, Council
requested that an evening meeting be scheduled during the month of October.
Council also requested that they receive a copy of the 60% plan to review prior to the
meeting. Although the City has agreed to the change from a major reconstruction
project to a maintenance project, former Mayor Pat Utecht has put together a list of
issues which still need to be discussed. Council discussed the feasibility of
underground utilities along South Patrick; Community Development Director/Building
Official Cooper pointed out that the utilities cannot be in the FDOT right of way and
that easements would have to be obtained from adjoining property owners.

City Manager Crotty announced that the City has received both Urban Community
Forestry Grants: $91,500 for City Parks, and $125,000 for private property owners.
The Beautification Board will take the lead in the distribution of trees to private
property owners.

City Manager Crotty asked to add to the end of the agenda discussion of options for
the Ramada property.

ORDINANCE NO. 920, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF SATELLITE BEACH TO PERMIT A CONDITIONAL USE FOR A
TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 1175
HIGHWAY A1A AND DESCRIBED AS GULFSTREAM BEACH SUBDIVISION,
LOTS 1 – 11, BLOCK 6; PROVIDING SEVERABILITY; PROVIDING EFFECTIVE
DATE (FIRST READING)

Community Development Director/Building Official Cooper stated that Nextel has to
move the equipment more to the north than the present location. Since the applicant
was not able to submit the new drawing and was not present to describe the exact
location, Mr. Cooper recommended delaying action on Ordinance No. 920 until he
receives the corrected drawings.

DISCUSS/TAKE ACTION ON INPUT REGARDING THE ARMY CORPS OF
ENGINEERS PUBLIC MEETING ON MID-REACH RENOURISHMENT

City Manager Crotty reported that about 150 citizens and members of City Council
and staff attended the September meeting hosted by Brevard County and conducted
by the Army Corps of Engineers regarding the Mid-Reach renourishment project.
The Corps is proceeding with the necessary studies, etc., to accomplish
renourishment in 09/10; however, a more aggressive timeframe is necessary to save
the City’s beaches. Mr. Crotty presented a copy of a letter from Brevard County
Commission Chair Ron Pritchard requesting expedited Federal and State permitting.
COUNCIL MINUTES
OCTOBER 5, 2005                                                                 PAGE 3

Staff recommended sending a similar letter to the Florida delegation under the
mayor’s signature with the focus being legislative action to expedite the process.

Mayor Brimer asked for public comments. There were no comments.

The citizens group Save our Shores has scheduled a meeting with Governor Bush.
Mr. Crotty gave them all the City’s information to review prior to that meeting.

Also, City Manager Crotty reported on a presentation at the recent Florida Shore and
Beach Preservation regarding the five-acre mitigation project in Indian River County.
Staff will be contacting the engineers for that project to see how much beach they
were allowed to renourish with the five-acre mitigation.

Councilman Montanaro MOVED, SECOND Councilman Catino, to authorize the
mayor to send a letter to the Florida delegation similar to the one sent by Chairman
Pritchard, requesting legislative action to expedite the renourishment of the Mid-
Reach. VOTE: ALL AYES. MOTION CARRIED.

DISCUSS/TAKE ACTION ON BREVARD COUNTY IMPACT FEE AGREEMENTS

Brevard County has responded to the City’s proposed changes and the response has
been forwarded to the City Attorney for review. Action on this item was delayed until
a future meeting.

DISCUSS/TAKE ACTION ON CITY OF MELBOURNE’S PROPOSAL FOR
ADDITIONAL SALES TAX DEDICATED TO TRANSPORTATION

The City of Melbourne supports placing a referendum question on the November
2006 ballot for an additional one-cent sales tax for transportation for ten years.
Melbourne proposes that the municipalities enter into an interlocal agreement to
proceed without involving the Brevard County Commission. It will be necessary for
cities representing at least 50% of the total population of Brevard County to be a
party to the interlocal agreement.

Melbourne has requested that, on or before October 21, each city report their
positions regarding their support of the initiative and their willingness to provide public
information regarding the proposed sales tax increase.

Mayor Brimer asked for public comments. There were no comments.

Council discussed the following:

      What road projects would be funded by this revenue?
      Would these tax dollars be in addition to the budgeted transportation costs or
       would budgeted dollars be transferred to other projects?
      What other funds are available for road constructions? (Gas tax, sales tax,
       and impact fees)
COUNCIL MINUTES
OCTOBER 5, 2005                                                             PAGE 4

      Why is Brevard County Board of County Commissioners not participating in
       this initiative?
      With Brevard County population projected to pass that of Broward County by
       2020, there will be a need for major road expansion, as well as schools and
       other services.

Council concurred that they did not have a problem putting the initiative on the ballot
for the citizens to decide; however, until there is clarification on all the unanswered
questions, they are not ready to move forward with a recommendation to support and
provide education for the referendum.

DISCUSS/TAKE ACTION ON REQUEST FOR PROPOSALS FOR ENGINEERING
SERVICES

During the September 21, 2005, meeting, the Council voted to terminate BDI
engineering services. City Manager Crotty stated that staff recommends that Council
authorize them to advertise a request for proposals for engineering services for the
general fund and the Redevelopment District.

Mayor Brimer asked for public comments. There were no comments.

Council requested that staff secure all necessary data from previous projects from
Outlaw and Jones. Both the St. Johns River Water Management District and the
Florida Department of Environmental Protection have raised issues about the quality
and timeliness of engineering data to support grant applications. Staff has advised
each that, until such time as the City hires a new engineering firm, all questions
should be directed to the City Manager.

Outlaw and Jones will take the DeSoto Avenue baffle box and exfiltration projects
through the bid process; then the new firm will take over.

Councilman Catino MOVED, SECOND Councilman Montanaro, to proceed with
requests for proposals for engineering services for the Redevelopment District and
general services. VOTE: ALL AYES. MOTION CARRIED.


REPORT ON PELICAN COAST

There was no report on Pelican Coast.

DISCUSS/TAKE ACTION ON ATTENDANCE OF COUNCIL MEMBERS AT THE
FLORIDA LEAGUE OF CITIES LEGISLATIVE CONFERENCE NOVEMBER 17-18,
2005

The 45th Annual Legislative Conference sponsored by the Florida League of Cities
will be held in Orlando November 17-18.
COUNCIL MINUTES
OCTOBER 5, 2005                                                             PAGE 5

Mayor Brimer asked for comments. Pat Utecht, 235 Hedgecock Court, encouraged
Council Members to attend for the continuing education and networking benefits.

Councilman Catino MOVED, SECOND Vice-Mayor Ferrante, to authorize interested
Council Members to attend the Legislative Conference. VOTE: ALL AYES.
MOTION CARRIED.

APPOINTMENTS TO BOARDS

There were no appointments to Boards. The City Clerk will schedule a workshop to
interview applicants.

AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING

City Manager Crotty presented a list of agenda items for the October 19, 2005,
Council meeting.

ADOPTION OF MINUTES:              SEPTEMBER 21, 2005, REGULAR MEETING

Councilman Montanaro MOVED, SECOND Vice-Mayor Ferrante, to approve the
minutes of the September 21, 2005, meeting. VOTE: ALL AYES. MOTION
CARRIED.

OPTIONS FOR RAMADA PROPERTY

Community Development Director/Building Official Cooper distributed sketches of
three options being considered for the development of the Ramada property:

   1. Five 65-foot high condo buildings (56 residential units) with a 60% breezeway,
      which is allowed in the existing RM-3 Zoning District
   2. Mixed-use hotel (108 rooms) and one 78-foot high condo (47 residential units)
      with a 50% breezeway, which would require an amendment to the zoning and
      land use maps
   3. Two hotel towers with 62% breezeway, which would require an amendment to
      the zoning and land use maps

Council discussed only the first two options because the developer has determined
that option 3 is not financially feasible at this time. Council also discussed
architectural standards for the residential units, especially roof style and height. In
option 2, the 108-room hotel was not included in the calculation for density; the
condo was assigned density for the entire parcel. While the hotel does not count
toward density, the intensity is greater for a hotel than residential units.

Mayor Brimer asked for public comments.         The following individuals addressed
Council:
COUNCIL MINUTES
OCTOBER 5, 2005                                                              PAGE 6

      Pat Utecht, 235 Hedgecock Court, asked about spot zoning. He also stated
       that a hotel is needed in the City.

      Nora Brown, 400 Harwood Avenue, spoke in favor of having a hotel with a
       restaurant with a view of the ocean. She suggested using the lower floors of
       the hotel as a hotel/restaurant and converting the upper floors to
       condominium.

      Carol Robitschek, 560 Teakwood, asked the City Attorney to address the
       issues of zoning and concessions.

      Barbara Boyens, 465 Glenwood Avenue, spoke in favor of retaining maximum
       breezeway, either at the Ramada site or through mitigation at another
       oceanfront location.

      David R. Schechter, 635 Seville Court, stated that people want a hotel in the
       city. The CRA Advisory Committee supports mixed-use zoning and they have
       considered allowing the uses to be side-by-side or over-under.

City Attorney stated that spot zoning would not be an issue at the Ramada location,
since hotel was a permitted use at the time it was constructed. Later, the hotel
zoning was removed from the Zoning Map and any development would have to deal
with the existing hotel non-conforming use.

This would be a new district to address a use that exists and regulations for that site,
potentially including a mixed-use.

The Council discussed the following:

      Expressed concern that the developer might try to convert the hotel to another
       use after the condominium is built.

      Stated that both buildings should have the same architectural design.

      Stated that Option 2 is their preference with some concessions as yet not
       identified.

      Stated that they are not interested in relaxing the 65-foot building height limit
       for any other buildings along the corridor.

Mayor Brimer adjourned the meeting at 8:40 p.m.



Barbara Boyens, CMC
City Clerk

				
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