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HomeMy WebLinkAboutMinutes 12-16-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 16, 2008 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Mayor Council Member Council Member Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Others Present City Manager City Attorney City Clerk City Treasurer Public Works Director Recreation Director Building Official Planning & Development Director Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Walter Bandish Robert Lefever Todd Morley Barry Brown PRESENTATIONS: Parks and Recreation Department — Presentation to Ms. Joyce Hamilton. Mayor Randels called on Recreation Director Robert Lefever to present an award. Mr. Lefever introduced Ms. Andrea Binney, Recreation Coordinator, who assisted him in presenting an award to Ms. Joyce Hamilton who provided extensive support to Cape Canaveral's youth through the Recreation Summer Camp activities. North Atlantic Avenue Preliminary Landscape Design Concept Mayor Randels introduced Mr. Brad Smith of Brad Smith & Associates to present the North Atlantic Avenue Preliminary Landscape Design Concept. Mr. Smith explained that a public workshop would be held on Tuesday, January 13 from 5:30 to 7:30 P.M. to gain community input. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 2 of 14 Mr. Smith clarified some of the previous points of consensus and the general direction of the project: two-lanes of travel, sidewalk on one side, 8 -foot bike path on the other side, pedestrian lighting, site furnishings, upgrading the transit stop and underground utilities, same as on Ridgewood Avenue. He noted some points related to traffic calming devices from the Federal Highway Administration such as traffic circles, roundabouts, raised traffic paving, and speed humps and how these features led to speed reduction. He also noted sensor lighting at pedestrian crosswalks. Ms. Roberts questioned if roundabouts were a realistic consideration for North Atlantic Avenue. Mr. Smith replied that the concepts were simply considerations from the Federal Highway Administration. Mr. Smith noted a significant amount of existing landscape along North Atlantic Avenue and a nice north entrance feature. Mr. Smith informed that the street permitted approximately 66 -feet of right -of -way. He related on the idea of creating a gateway feature at the north and south ends of the street using planters and landscaping. Mr. Smith stated that during the meeting, the public would cast their vote using pin dots on the various aesthetic features. In summary, Mr. Smith noted the project benefits as: simple, durable, cost effective, and readily achievable. Mayor Randels clarified that if the Council found this presentation suitable, then Mr. Smith would proceed with the public meeting. Mr. Smith affirmed. Ms. Roberts asked the following questions: First, if the bikeway and pedestrian area were for use by both parties. Mr. Smith replied that the sidewalk purpose was a multi -use 8 -foot wide asphalt path; otherwise the road required two lanes. Second, Ms. Roberts asked if beachside streetscape lighting would be considered. Mr. Smith affirmed. Lastly, Ms. Roberts questioned the concept of underground utilities. Mr. Smith replied that burying utilities was a budgetary consideration. Ms. Roberts asked the City Manager about the timing of this project related to the City working with Mr. Phil Laurien, Central Florida Regional Planning Director. Mr. Boucher replied that he and Mr. Brown were reviewing the draft scope of services which Mr. Laurien submitted. He informed that the visioning process was a 210 day time period, to include public meetings, subsequent to signing a contract with Mr. Laurien. Mayor Randels clarified that if the Federal Stimulus Package goes forward, a project must be ready within 120 days. Mr. Boucher stated that he recommended placing North Atlantic Avenue in the Stimulus Package. Ms. Walsh requested additional information from Staff about the Ridgewood Avenue project. She asked if the North Atlantic Avenue project was similar in concept to Ridgewood Avenue. Mr. Smith replied that Ridgewood Avenue differed in that it had more of an open feel and North Atlantic Avenue had existing canopy and vegetation along the corridor and landscape concept was limited to certain intersections. The similarity was the 8 -foot bike and pedestrian asphalt trail, decorative lighting and decorative intersections. Mr. Smith clarified, in response to Ms. Walsh's question on the project's cost that this contract included the Conceptual Design Phase, holding public workshops, and returning to the City Council with the public's comments. Should City Council decide to move City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 3 of 14 forward, then he would go into the construction documents package in which he would join the concepts and join them with detailed surveys and draft detailed biddable construction documents. Mr. Petsos requested publishing the presentation on the City's web site. Mayor Pro Tern Hoog expressed how the cost weighed in on any further project discussion. Ms. Roberts questioned the difference between using a swale approach relative to a curb approach. Mr. Smith replied that a curb approach provided a barrier between the pedestrian and the vehicle; however, using a curb required a drainage solution and there was no drainage along this corridor. The curb approach was more complex. Ms. Roberts mentioned this from the perspective of safety to bicyclists and pedestrians. Mayor Randels pointed out that in some areas the maximum roadway width was 50 -feet. Mr. Smith took the Mayor's point in account and stated that it might be necessary to obtain some easements in order to attain a contiguous bicycle or pedestrian route. A resident chose to speak about the construction on North Atlantic Avenue. Mayor Randels informed that the audience could speak on road construction during the Audience to be Heard portion of the Agenda. Ms. Joanne Muncey, Business and Cultural Development Board Chairperson, recommended "grouping" the types of lighting fixtures, trash receptacles, and benches to obtain continuity of styles. A resident expressed her favor with the light sensors at the crosswalks, and she also brought up the bike path and suggested water fountains along the proposed route. In closing, Ms. Roberts mentioned how the use of a timeline would help residents to understand how the North Atlantic Avenue project would progress. Mayor Randels clarified that at this point, the City did not have the funding to proceed with the project beyond the design stage Cabo Casa, Proposed Assisted Living Facility Project Mayor Randels called on Mr. Danny Ringdahl to present his proposed project for an Assisted Living Facility project. Mr. Ringdahl stated that this project was proposed for an out -parcel 7 acres of a 30 -acre parcel of land as an Assisted Living Facility. He stated that he met with the City Manager, the Planning and Development Director and the Building Official to present this concept. He informed that his group performed a market research and found the project an acceptable one since there was no longer a need for more condominiums. Mr. Ringdahl introduced, Mr. Glen Duffy, Project Business and Finance Consultant; Mr. Curtis Mosley, Project Attorney; and Mr. Dave Menzel, Project Architect. Mr. Duffy addressed the Council with a project summary. Mr. Duffy informed that the project was planned for construction in Phases beginning with 128 -units consisting of one - and two- bedroom suites. It was a pay as you go month- to-month under Housing and Urban Development rules. The facility would provide 24 -7 nursing, rehabilitation center, alzheimer- dementia care, hydration care, with full food service, recreation and leisure City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 4 of 14 amenities. The facility would also include a respite component for residential living while family members take a cruise or stay locally. Mr. Duffy stated that this type of facility would require a change in the City's zoning code. Mr. Boucher clarified that no formal application has been submitted to City staff. Mr. Duffy explained that an assisted living facility called for light nursing and affords safety for those who could no longer live completely on their own. Mayor Randels brought up the concern of evacuation. Mr. Duffy stated that the Federal and State requirements were provided in the report to the Council. Mr. Duffy emphasized that planning for evacuation was highly complex and extensively planned in order to contact loved ones, physicians, and arrange for transportation prior to, during and in the aftermath of an emergency. Mr. Petsos questioned the assurance of follow through with evacuation planning. Mr. Duffy stated that evacuation plans were a six -month process and were shared with the State, County and the municipality. He also stated that planning review, assessment, and drills were an ongoing part of operating this type of facility. Mr. Petsos expressed his concern with residents left behind during an emergency situation. Mr. Duffy noted that assisted living residents were easier to transport than Nursing Home patients who required ambulance transport. Mr. Petsos recommended that Mr. Ringdahl speak to the community prior to the project coming to the Planning and Zoning Board. Mr. Ringdahl stated that he and his team would identify some of their zoning issues and address the mechanics of the project. Mayor Pro Tern Hoog stated that if the firm's evacuation requirements failed during an evacuation, then the Fire Department was tasked with transporting the residents to safety. Mayor Pro Tern Hoog also requested: 1) to see a report related to the number of calls for Fire/ Emergency Medical Services daily or weekly for that number of people related to medical responses, and 2) to see the density related to the area and amount of acreage. Mr. Duffy stated that the facility would have 24/7 nursing staff that would determine if an Emergency Call was required. Mayor Pro Tern Hoog expressed how the impact for the number of rooms was inclusive of the number of residents in that age group in the entire City. Mr. Ringdahl informed that he planned to phase the project at 110 -120 units and density was not as high as Mayor Pro Tern Hoog might imagine. Mr. Brown clarified that the first plan sought 214 units, or 31 units per acre. However, the second plan sought 245 units or 36 units per acre. Mr. Ringdahl stated that ideally he was seeking 30 units per acre. Ms. Roberts asked if there was any other beach -side assisted living facility. Mr. Ringdahl affirmed that there was not but permitted Mr. Duffy to specifically address her question. Mr. Duffy replied to Ms. Roberts that the cost of the land was prohibitive for this type of facility in the beachside community. Ms. Roberts noted how the proposed facility would benefit residents in other beach side communities as well. Mr. Duffy informed that respite, rehabilitation, and hydration care would be available at this facility for the local community. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 5 of 14 Mr. Ringdahl replied to Ms. Roberts that he had not spoken to the adjacent neighbors as yet. Mr. Brown stated that Staff would like to express their comments. Fire Chief Dave Sargeant informed that an assisted living facility was a highly regulated operation under State, County and City regulations. He stated that General Management was required to perform a hazard analysis and have plans related to any and all emergency planning related to potential hazards and technical and natural disasters. Mutual Aid plans, in order to transport to another State during an evacuation, had to renew annually. These regulations were all related to obtaining and maintaining their licensing. Chief Sargeant explained that residents in such a facility are mandated to leave on an evacuation order from Brevard County Emergency Management. He informed that Brevard County was performing a statistical analysis for this type of facility for him at this time. Mr. Brown brought up that the City would need to: 1) amend its Comprehensive Plan to allow for the increase in density, 2) amend the zoning to allow for an Advanced Life Support and the increase in density. Subsequent to this, the project would most likely enter the Special Exception process. Mr. Brown asked Mr. Ringdahl if he planned to own the facility with professional management for operations, or would he plan to construct and then sell the units. Mr. Ringdahl informed that the plan was to build the facility and to hire a professional operations staff. Mr. Brown stated that as a staff person, he would have more confidence with an Operations Staff on board. Mr. Duffy explained that an Operations Staff was required for the lending phase. Mr. Duffy replied to Ms. Roberts that 130 -140 in personnel were anticipated. Mr. Petsos recommended that the Florida Department of Community Affairs [DCA] address the project's feasibility. Mr. Brown responded that he would open the discussion with the DCA. Ms. Roxanne Rauly questioned the total number of assisted living units. Mr. Ringdahl replied 210 upon completion of the phases. Mr. Duffy stated that the facility would anticipate a total of 230 -240 for personnel. Mr. Leo Nicholas clamed that the developer was seeking: 1) rezoning and, 2) change of use for this type of facility. He suggested that the City conduct a survey to ascertain if changing to commercial zoning was favorable to the adjacent property owners. Mr. Dave Menzel, of M.A.I., informed that in the City of Melbourne there was no density cap on these units as well as a change in the parking requirements because the residents do not drive. Mr. Menzel explained that the parking reduction was a benefit. Mr. Menzel explained that all other examples used so far in development follow a residential development plan. He explained further how the conditional use was structured for a multi- family zoning, which would allow an assisted living facility with no density cap. The concept was relative to having a bedroom and all other amenities, such as the kitchen shared. Mr. Menzel expressed his desire to share some of the concepts used in the City of Melbourne. As a recap, Mr. Boucher stated that the Planning and Development Director would City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 6 of 14 seek confirmation from the Florida Department of Community Affairs on the density issues and would then contact Mr. Ringdahl with the projects acceptability. If acceptable, Mr. Ringdahl could then hold community meetings with the City Planner in attendance, who would subsequently report on those meetings to the Council. If not acceptable, then the City was under no obligation to go any further with discussion. BOARD INTERVIEWS: Dennis Jenkins — Board of Adjustment Mayor Randels called on Mr. Dennis Jenkins. Mr. Jenkins informed that he was briefly a member of the Planning and Zoning Board; however, he was called away due to the Columbia disaster. Mr. Jenkins affirmed that all of the information on his application was true and correct to the best of his knowledge. Mr. Jenkins replied that he desired to serve on the Board of Adjustment in an effort to participate in the community. Mr. Jenkins stated that he was an engineer by training and a logical thinker and problem solver. Mr. Jenkins replied that he did not anticipate any scheduling problems. Ms. Roberts recognized that Mr. Jenkins was a noted author and expert on the shuttle program and space history. He has worked with the historian of the Air and Space Museum with whom he is currently co- authoring a book. Mr. Jenkins stated that he was looking forward to a new and different challenge working with the Board. In conclusion, Mayor Randels stated that a Resolution to appoint him to the Board would appear on the January 6, 2009, City Council Meeting Agenda. George Sweetman — Board of Adjustment Mayor Randels called on Mr. George Sweetman. Mr. Sweetman affirmed that all of the information on his application was true and correct to the best of his knowledge. Mr. Sweetman desired to serve and participate in the community. Mr. Sweetman responded that he has built homes and owned real estate, multi- family developments, in the community. Mr. Sweetman explained how he served on an Ad Hoc Committee of the Florida Fish and Wildlife Commission. He informed that he retired from the commercial crabbing industry, but returned to find the industry in jeopardy. In summary, Mr. Sweetman explained the Committee's purpose to develop regulations for the fishing industry and to permit fisherman to own their licenses. The Committee also served as an Appeal Board for licensing renewal. In conclusion, Mayor Randels stated that a Resolution to appoint him to the Board would appear on the January 6, 2009, City Council Meeting Agenda. REPORTS: City Manager City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 7 of 14 • Mr. Boucher distributed information related to expansion at the Blue Toucan Restaurant. In summary, the owner was requesting to make time payments related to $6,400 for Impact Fees. The owner was under personal constraints and decreased activity due to the North Atlantic Avenue road project. Mr. Mac Carver stated that the North Atlantic Avenue project was damaging economics for small business owners on the North Atlantic Avenue corridor. Mayor Pro Tern Hoog expressed his concern with the small business person's expended funds and had suggested waiving some of the fees. Ms. Roberts added the need for directional signage. The City Manager took note. Mayor Randels explained the 45 days in a three -phase period for the overall project completion. Mayor Randels informed that he would bring this up during a scheduled meeting with Commissioner Nelson. The owner of La Cantina Restaurant disclosed that he was experiencing a 25 percent loss in business. Mr. Petsos emphasized that leaving one lane open was the original agreement and the City should hold Brevard County Transportation to that commitment. Mr. Bandish explained the project's progression. Ms. Walsh questioned how long it would take in light of the December timeframe. Mr. Bandish replied that an answer was contingent upon the Christmas work schedule. He stated that the City accepted doing the project now in order to avoid having the crews proceed to a larger project. Mr. Petsos recommended a conference call with the Mayor, the City Manager and the County Commissioner and Brevard County's Assistant Public Works Director Ed Gardulski and the construction supervisor. Ms. Roberts emphasized the importance of timeline information for the City as a County customer. Mr. Petsos asked business people in the audience to leave their contact information with the City Manager. Mr. Boucher requested to draft a payment agreement with the City Attorney for the Blue Toucan Restaurant to pay the Sewer Impact Fees. Ms. Roberts asked if the City planned to set a hardship precedent with this case. Andrea Bowers, City Treasurer, recognized that a similar payment plan was granted to Mona's Restaurant. Mr. Petsos stated that based on what the City Manager presented; this request should be addressed as a hardship case. Mr. Morley informed that there was an additional $1,300 building permit fee related to handicap accessible improvements. • Mr. Boucher distributed an update of Public Works projects for City Council's review. • Mr. Boucher informed that he spoke with Mr. Pierre who requested $1,080,000 for the property adjacent to the Fire Department facility for purchase. However, Mr. Boucher informed that the Wachovia Bank building and land was for sale at $750,000 for 3.37 acres. However, Wachovia Bank had an up to 99 -year lease with the property. The City would need to move Wachovia Bank personnel into the City's new building at 7510 North Atlantic Avenue, which was a former bank, in order to acquire their bank building. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 8 of 14 STAFF Public Works Director • No report. Assistant Public Works Director • No report. Planning and Development Director • No report. Building Official No report. City Clerk No report. City Attorney • No report. CITY COUNCIL The Chair requested to forego City Council reports due to the lateness of the hour and the number of people in attendance who desired to speak on Agenda items. Council Members agreed. Mr. Petsos wished everyone a Merry Christmas. AUDIENCE TO BE HEARD: Mr. Leo Nicholas addressed the City Council related to the Veterans of Foreign Wars [VFW] event saying how attendees were unaware of Manatee Park's existence. He suggested a video of the City parks and its benefits for distribution through the Cocoa Beach Area Chamber of Commerce. He thanked the Council for the use of the facility for the VFW event. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 2, 2008. 2. Appointing A Regular Member to the Community Appearance Board, J. Cameron. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 9 of 14 A motion was made by Mayor Pro Tern Hoog and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1, as Amended, and 2. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATIONS 3. Motion to Approve: A Request for Satisfaction/ Release of Code Enforcement Lien, 116 -118 Tyler Avenue. In summary, Mayor Randels stated that this was a two year Code Enforcement issue and Wells Fargo Bank was willing to reimburse the City for the Staff cost of $920 and legal expenses of $3,500 for a total of $4,420. Mr. Boucher informed that the legal fee was an estimate and the legal fees were actually $1,475.75, bringing the total due to the City for the cost of prosecution to $2,325.75. Mr. Boucher explained that the house was foreclosed upon and went into a state of disrepair. He stated that a letter from the Code Enforcement Officer found the property was in compliance. Mr. Boucher explained that the Bank came into receipt of the property as of May 2008 and a lapse occurred from the time of foreclosure to the time of acquisition. Mr. Carl Asbury representing Wells Fargo Bank addressed the Council. Mr. Asbury stated that once he acquired the property, he contacted Code Enforcement and immediately started exterior cleanup. He stated that the bank inherited liens from the previous owner and he elected not to sell the property with a title clouded by liens. Mayor Pro Tern Hoog asked If there was any mechanism that the mortgage company could use to take action against the former property owner. Attorney Garganese explained that the Mortgage was the instrument for taking action on maintaining a property; however, that was a private issue. Attorney Garganese noted for the record that this was a Final Judgment in a Foreclosure Action of which the Code Enforcement Lien was just part. Mayor Randels asked why the bank made no effort to address the property for three years. Mr. Asbury reviewed his progressive steps in an effort to address City Council since May. Mr. Asbury clarified that he is the Listing Agent for the property. Ms. Roberts brought out how Mr. Asbury was not part of any ongoing Code Enforcement action and she emphasized that the owner was responsible for the property. Mr. Asbury informed that if the property was not sold by January 7 it would proceed to auction. Mr. Asbury replied to Ms. Walsh that there were offers; however, he did not choose to sell the property with liens. Attorney Garganese stated that $104,083.50 was the Final Judgment amount owed to the City divided into Lien and Penalty of $102,450, $4,420 in legal fees and $920 in Staff costs. Mr. Asbury responded that the City Manager City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 10 of 14 could submit him an itemized bill. In conclusion, Attorney Garganese explained that Mr. Asbury would receive a payoff estoppel letter to pay the $5,000 at the time of closing. A motion was made by Ms. Roberts and seconded by Mayor Pro Tern Hoog to Release of Lien Contingent upon the Payment by Wells Fargo of $5,000 to the City of Cape Canaveral for Reimbursement for the Costs the City has Expended to Date on This Issue. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 4. Motion to Approve: An Amended Development Agreement between the City of Cape Canaveral and Ambassador Services, Inc. and Canaveral Bulk Terminal Inc. Mayor Randels explained that Mr. May has permission to store aggregate east of Marlin Drive property. This request required a Special Exception as well as an amendment to the Binding Development Agreement. Mr. Brown restated that this was a request to store outdoor aggregate in the M -1 zoning district. More specifically, they were asking to store aggregate piles east of the southerly extension of Marlin Street. The subject property is approximately 23 acres and is located south of George King Blvd. and west of North Atlantic Avenue. The property is a commercial operation for the outdoor storage of aggregates, containers, etc. It is identified by the Ambassador Services building and the conveyor crosses George King Blvd. Zoning to the east is C -1 commercial, zoning to the south is M -1, zoning to the west and to the north is Canaveral Port Authority property. The surrounding use includes Portside Villas to the east, Southgate Mobile Home Park, and to the south Bill Mays owns a 4 -A storage facility, and there are Port property and uses on the west and the north. The storage of aggregate was approved in the year 2000. Mr. Brown noted that a Unity of Title Agreement formed in 2006 brought several parcels together in order to address the uses on that site in total. The Agreement also called for a 16 -foot high site and sound barrier between the subject property and Portside Villas. Mr. Brown stated that the request was to store aggregate to the east of Marlin Street alignment. Portside Villas, which was approved as a Special Exception in the C -1 zoning district in 2003, is located adjacent to and along the southeast boundary of the subject property. Over the years complaints regarding dust, noise, drive lights, and operations beginning prior to 7 A.M. have been received by the City. The Council received a list of the complaints made to the Code Enforcement Officer. Mr. Brown displayed photos indicating a 16 -foot high sight and sound barrier constructed along the Portside Villa boundary. In reference to the copy of the History of Violations, Mr. Petsos asked if there were currently any outstanding violations. Todd Morley, Building Official, stated that there were currently no violations; however, there is an expired permit for the conveyor belt. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 11 of 14 Mr. Petsos noted calls related to noise and asked what options the City has if complaints continue. Mr. Morley replied that the Binding Development Agreement was the mechanism to address violations, or, if Council preferred, violations could be addressed through an amended Citation Program. Mr. Boucher clarified that the Building Official could issue a citation for noise. Mr. Petsos asked if there were any information on Transportation Impact Fees. Mr. Brown informed that the expansion of the aggregate area was not related to a building and, therefore, was unaffected by impact fees. A motion was made by Mayor Pro Tom Hoog and seconded by Ms. Walsh to Extend the Meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Mayor Pro Tern Hoog noted how at the beginning of the project there were 400 plus truck trips per day. Mr. May replied that the number was more accurately 200 plus truck trips per day. Due to a complaint related to noise at 6:30 A.M., he assured the Council that work did not begin until 7:00 A.M. Mr. May also assured that the sprinkler system was operational. Mayor Randels asked why Mr. May crossed the line of demarcation with stones. Mr. May replied that he was unaware that the stones were placed outside of the boundary line; however, once he became aware of the problem he had the stones moved. Mayor Randels expressed a concern with containers; however, Mr. May assured him that the containers were moved to a northern most area on the site. Ms. Roberts stated that she met with Mr. May and ascertained that the granite on site would not need the same attention as the stone. Mr. May explained his intent to keep the slowest moving cargo in the area in question in an effort to reduce noise from the truck transport. Secondly, Ms. Roberts related on her visit with residents in Portside Villas who stated their communication and understanding with Mr. May has been agreeable. Ms. Walsh questioned if the City planned to address the expired conveyor belt permit. Mr. Morley and Mr. May responded that the conveyor belt expired permit would be attended to in the morning. A motion was made by Mayor Pro Tern Hoog and seconded by Ms. Roberts to Approve An Amended Development Agreement between the City of Cape Canaveral and Ambassador Services, Inc. and Canaveral Bulk Terminal, Inc. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Mayor Pro Tem Hoog recommended moving Item No. 10 up to this point in the meeting for discussion. 10. Five -Year Renewal of the Solid Waste Agreement with Waste Management of Florida, Inc. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 12 of 14 Mayor Pro Tern Hoog noted that the terms were for (2) additional 5 -year extensions. Mr. Geletko stated that both parties would need to agree on such an extension. There was consensus from the Council to begin negotiations. The City Council would submit their concerns to the City Manager for the purposes of negotiating. Ms. Roberts asked if there was any guidance for recycling programs and green initiatives. Mr. Geletko reminded that the State passed a law setting a goal to reduce the waste stream in Florida by 75 percent. Ms. Roberts recommended seeking funding initiatives. As a formal introduction, Mr. Geletko introduced himself, Government Affairs Director, and Mr. Bryant Thornton, District Manager of the Cocoa and Melbourne operations. 11. Resolution No. 2008 -38; Revising the Schedule of Fees for the Collection and Disposal of Solid Waste. Attorney Garganese read Resolution No. 2008 -38 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING THE ADOPTED SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, IN ACCORDANCE WITH THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels noted a rate increase. Ms. Roberts asked how condominiums were notified of a rate increase. Mayor Randels replied that rate increases were published on the utility bill through City of Cocoa water. Ms. Roberts expressed her concern that the Condominium Associations were not provided sufficient notice of the increase in an adequate time to plan for their upcoming budget year Mr. Boucher affirmed that he would get notices to the Space Coast Condominium Association and also publish a press release. Mayor Randels asked for clarification that commercial dumpster and can rates were not increasing. Mr. Geletko replied that a 4 percent increase was anticipated across the board. Ms. Walsh pointed out that by Florida Statutes; the Condominium Associations had to have the budgets approved by the end of their fiscal year, which for most was December 31 This means their budgets had to be completed and approved by mid - November. Ms. Walsh summarized that they begin their budget process when the City does during the June/ July timeframe; however, they do not factor in a rate increase because they do not know about it at that time Mr. Geletko recommended using the April Consumer Price Increase in the future in order to provide better notification. Ms. Roberts pointed out her concern that the City needed to plan earlier. The City Manager took note of moving the date forward. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Resolution No. 2008 -38. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 13 of 14 follows: Mayor Pro Tom Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. In the essence of time, Item No. 7 was moved to this position for discussion. ORDINANCE: Second Public Hearina 7. Motion to Adopt: Ordinance No. 11 -2008; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09 -30 -08. Attorney Garganese read Ordinance No. 11 -2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Adopt Ordinance No. 11 -2008 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. No discussion occurred on Items 5, 6, 8, 9, and 12. 5. Motion to Approve: An Appointment of a Canaveral Port Authority Liaison. 6. Motion to Approve: City Projects for the Federal Economic Stimulus Bill on Infrastructure. ORDINANCE: First Public Hearina: 8. Motion to Approve: Ordinance No. 12 -2008; A Five -Year Schedule of Capital Improvements. RESOLUTION: 9. Motion to Adopt: Resolution No. 2008 -39; Supporting Amendments to the Florida Statutes to Increase Mortgage Holders Responsibility for Delinquent Condominium, Co -Operative and Homeowners Association Fees on Foreclosed Units. City of Cape Canaveral, Florida City Council Regular Meeting Minutes December 16, 2008 Page 14 of 14 DISCUSSION: 12. Development Moratorium on All Properties Adjacent to State Road Al A. ADJOUREIVT�� There being no furftrbu'ir,ess the meeting adjourned at 10:35 P.M. Rocky Randels, IMAYOR Susa ills; *GAAG; ' ' ITY_ - ERK