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HomeMy WebLinkAboutMinutes 02-02-2010 RegularCITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY February Z, 2010 7 :00 PM MINUTES CALL TO ORDER The Chair called the Meeting to order at 7 :00 P.M. ROLL CALL Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Members Absent: Council Member Others Present Acting City Manager Acting City Clerk City Treasurer City Attorney Public Works Director Assistant Public Works Director Recreation Director Building Official Planning & Development Director Fire Chief Precinct Commander PRESENTATIONS: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Angela Apperson Mia Goforth Andrea Bowers Anthony Garganese Walter Bandish Jeff Ratliff Robert Lefever Todd Morley Barry Brown Dave Sargeant Alan Moros PRESENTATIONS: Certificates of Appreciation for Holiday Coordinators Cape Canaveral Volunteer Fire Department Chief Dave Sargeant expressed gratitude and presented Certificates of Appreciation to the following sponsors for their generous donations of time, effort, money, food and gifts to the children and families of the City of Cape Canaveral during the 2009 Holiday Season: City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 2 of 8 • The Boeing Company Employees • Ms. Sandy Klotz • The Cape /Port Canaveral Kiwanis Club • The Space Coast Vettes • The Cape Kennedy Vettes • The Port Canaveral Yacht Club • The Port Canaveral Association • Seaport Canaveral offshore Drilling and the `'Hands Across the Sand" event, February 13, 2010 — Mr. Tony Sasso Tony Sasso, former State Representative and former City of Cocoa Beach Commissioner, credited Amy Tidd for creating the PowerPoint program he was about to show and thanked the Council for the passing the resolution in support of maintaining the ban against oil drilling. Mr. Sasso explained the East Coast communities are just now catching up with the West Coast of Florida and there is a concern if the ban is lifted in the State, the Federal ban will be lifted as well. Mr. Sasso proceeded to share information on the possible risks lifting the bans would have on the State of Florida as well as the City of Cape Canaveral and surrounding areas. Mr. Sasso announced an event scheduled for Saturday, February 13th at Cherie Down Park in Cape Canaveral at 1:00 p.m. and invited everyone to attend. The Council thanked Mr. Sasso for his presentation. State of the City Report — Mayor Rocky Randels Mayor Randels declined to read the State of the City Report in the interest of time. Angela Apperson, Acting City Manager, stated the report will be available online or people may contact the City Clerk's office or any other City department for a copy. RFPORTS- Acting City Manager Ms. Apperson complimented the City's Finance Department Staff and Andrea Bowers, City Treasurer, for having received a Certificate of Achievement for Excellence in Financial Reporting. Sheriff's Deparinent Cmdr. Moros announced a Gaming Tournament at the Youth Center on Saturday, February 20th at 2 p.m.; Cmdr. Moros updated the Council on the series of car burglaries happening at 8701 Astronaut Boulevard. An arrest was made and he expects four or five more arrests to come out of that. City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 3 of 8 Fire Department Chief Sargeant replied to inquiry about the grant for assistance in construction of a new fire house; he stated it has not come through yet, but the Department checks everyday and they have not been eliminated out of the running yet. Waste Pro of Florida Plait Loftis confirmed his company's participation in the upcoming Friday Fest and the Space Coast League of Cities Dinner Meeting in April. Mr. Loftis announced the employees of Waste Pro are on schedule to train on Friday with the Sheriff's Department. He also confirmed he will deliver a report regarding "Green Initiatives" to Council Member Roberts. City Historian Ray Osborne distributed a Historic Marker Survey to Council. Ms. Apperson confirmed this item is on the agenda for the upcoming Beautification Board Meeting on Tuesday the 9th. Community Development Department Todd Morley, Building Official, stated he is meeting with the Brevard Cultural Alliance this Friday to share what they can expect out of the new outdoor Entertainment Ordinance. City Attorney Attorney Garganese reported the lawsuit that Earl McMillin brought against the City has been voluntarily dismissed. In reference to the Royal Mansions case, Attorney Garganese informed Council his office is waiting for the City's expert witness to evaluate new documents found and will share with Council as soon as they get the report. Business and Cultural Development Board Joanne Muncey, Chair, reported the success of the 8th Annual Professional Art Show and announced the upcoming 11th Annual Student Art Show, Saturday, February 6th in the Library. She also reminded Council that next Wednesday the Business and Cultural Development Board will finish all of their business in 10 -15 minutes and then turn the rest of the time over to City Council Joint Workshop Meeting with the Board. John Anderson, resident, responder! to Council he is looking forward to the upcoming workshop with the City Council and the Business and Cultural Development Board; relayed his position against offshore drilling; and confirmed the Economic Development Report and Executive Summary would be delivered to the City Council on February 3 rd '. AUDIENCE To BE HEARD: Toni Able, of Palms East Apartments, LLC and Wellsboys Property Management, requested permission of the City Council to open day a care center that would be affordable and safe for those residents of the Palms East Apartment complex. She City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 4 of 8 stated Wellsboys Property Management is willing to donate space to an individual to open a day care center that will be affordable and they are willing to cover costs including: electric and architectural drawings. Discussion ensued and included the possible number of children who would attend the daycare; related zoning and code issues and State licensing. Council agreed by consensus to move this agenda item (#'18) up for discussion. Barry Brown, Planning & Development Director, made a point of clarification that in R -2 Zoning, the City Code makes no accommodation for day care facilities although at this location and in the past, there have been many other uses. Mr. Brown stated, if it is the will of the Council, he suggests "daycare be added as a use in R -2 Zoning as a Special Exception. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos for proposing child daycare in R -2 Zoning. Discussion ensued and included making the special exception broader to include "adult" as well as "child" daycare and possible statutory preemptions that may have to be looked at. Attorney Garganese responded the issue tonight for Council would be to decide if they want to refer the issue to staff to study the issue and see what Staff and the Planning and Zoning Board comes back to Council with. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos, to amend the motion to include adult daycare as a proposed use, amending section 110 -294 by Special Exception in R -2 Zoning District. Todd Morley, Building Official, inquired if Council desired the Planning and Zoning Board consider other zoning 'districts as well. Council agreed by consensus to consider all other zoning districts and classifications. The motion carried 4-0 with voting as follows: Mr. Hoog, Far; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent, Mayor Randels opened the floor again for the "Audience to be Heard" portion of the agenda. Ray Osborne announced a Presidents' Day seminar he will be a presenting, Monday, February 15 at the Library from 5 -7 p.m. CONSENT AGENDA: 1. Approve the City Council Special Meeting Minutes of January 12, 2010. 2. Friday Fest: a. Approve Outdoor Entertainment Permit and waive any fees for same b. Approve Alcohol Exemption Permit and waive any fees for same C. Waive Sign Code Section 94 -0(d) of the City's Sign Code to allow "snipe signs which will advertise the event. No snipe signs will be placed in the right -of- way. They will be set back and no sign will be located in the visibility triangle. d. Waive Sign Code Section 94 -76 of the City's Sign Code to allow total signage in excess of 96 square feet on non - residential property. Property owner's permission will be secured prior to placement of any sign. All signs will be removed within 3 days following the event. City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 5 of 8 3. Approve the final History Video and approve transfer of $5,644.85 from reserves to cover additional costs. 4. Approve Resolution No. 2010 -02 authorizing the private unofficial display of the City Seal on a welcome sign located at 8000 Astronaut Blvd, Pursuant to the terms and conditions of this Resolution; providing for the repeal of prior inconsistent Resolutions; severability; and effective date. 5. Approve the First Quarter Budget Transfers for the Quarter Ending December 31, 2009, FY 2009/2010. S. Approve a cooperative purchase for TV Monitoring /Cleaning of the Stormwater System from the existing services agreement between Vac and Jet Services, LLC and the Ready Creek Improvement District in an amount not to exceed $100,000.00. 7. Approve a cooperative purchase for the Harbor Heights Stormwater Improvements Pipe Replacement from the existing contract between Atlantic Development of Cocoa, Inc. and the City of Cocoa in the amount of $81,625.00 and approve a transfer from Utility Fund Reserves for same. 8. Approve unbudgetedlemergency vehicle repairs for the Recreation Van at Paradise Ford in the amount of $2,054.30 and approve transfer of funds from Reserves for same. 9. Approve unbudgeted fence installation at Banana River Park in an attempt to prevent further vandalism to the soccer field and adjoining playground in the amount of $3,853.00 and approve transfer of funds from Reserves for same. Mayor Randels announced a change to Agenda Item No. 3 to approve a transfer of $6,210.60, per the final invoice that was just received; a change to Agenda Item No. 8 for vehicle repairs at Dave's Beach Auto Repair in the amount of $1 ,075.55; and the removal of Agenda Item No. 8 in its entirety. Discussion ensued and included thanks to Council Member Hoog for finding the bid for the vehicle repairs and the Council's desire to encourage Staff to consider local suppliers and businesses for future services. Council reached consensus for Staff to place a purchasing policy draft for discussion on a future City council Meeting agenda. Ms. Roberts requested removal of Agenda Item Nos. 2, 3, 4 and 9. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve Consent Agenda Item Nos. 1, 5, 7 and 8. The motion carried 4.0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. City of Cape Canaveral, Florida City council Regular Meeting February 2, 2010 Page 6 of 8 Item No. 2 — Discussion ensued and included concerns over parts c. and d. of the agenda item. Attorney Garganese made a recommendation for council to follow the City's code and own rules regarding these issues. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No. 2, sections a. and b only. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. Item No. 3 — Discussion ensued and included lessons learned regarding the cost of this project far exceeding what council had anticipated and to fully scope future projects with planning and project management. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No. 3 with changes. More discussion concluded this is the final product and does not require further editing of the video. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. Item No. 4 — Discussion ensued and included possibly making this resolution applicable to all businesses, loss of control over the use of the city Seal, the property owner's reasons for using the City Seal and his plans regarding the condition of the sign with the City Seal currently on his property. Ms. Apperson made a statement on behalf of Council Member Walsh regarding her opposition to passing the resolution. During additional discussion between the Council, Staff, the property owner and audience members, two separate motions were made to approve the resolution. The council requested the property owner remove the City Seal from the sign on the property located at 8000 Astronaut Boulevard; and the motions to approve consent Agenda Item No. 4 were withdrawn. Item No. 9 — Discussion ensued and included implementation of the fence installation; Mr. Lefever responded to council the project was not brought before the Beautification Board and reminded he was following Council direction to match the existing fence in the parking lot on the same property. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve consent Agenda Item No, 9. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. OLD BUSINESS: 10. City Manager Search Update -- Colin Baenziger & Associates. Colin Beanziger introduced himself and gave a quick update since his last meeting with the city Council members. Discussion ensued and included corrections to errors in the content of the City Manager Job Description draft document previously distributed to Council; the spirit of the document seeming more negative than positive; the need to include advanced degree requirements and progressive business management training; City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 7 of 8 the need to require residency in the City and pros and cons of putting more requirements in the job description; changing the section under "Issues" to "Opportunities "; and the pay scale. Council consensus was reached to make recommended clarifications, corrections and changes to the document as proposed by Ms. Roberts. Mr. Beanziger thanked the Council for their input. 11. Ridgewood Avenue Improvement Project — Additional Issues. Jeff Ratliff, Assistant Public Works Director, distributed an updated budget summary showing the project is still under the original budget. Mr. Ratliff informed the North section, possibly going up to Ocean Woods, is continuing to be surveyed but will not hold up the project start date of February 10th. He also informed the grant application for lighting is due February 12th and will be turned into City Hall this week. Mr. Ratliff introduced the lighting contractor, Matt Serito of SEPCO (Solar Electric Power Company) in Stuart Florida, to present, at Council's request, the solar lighting Staff selected. Discussion ensued and included the features, functions and implementation of the sample light fixture presented by Mr. Serito; the potential impact of the lighting at night, on the beach during turtle season and Staffs recommendation to use amber bulbs; the color of the sample presented: council agreed they previously agreed on hunter green; the costs of maintenance, replacement and the training of City Staff for such; and the pros and cons of fluorescent vs. LED (light emitting diode) bulbs. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to approve staff's recommendation of Solar LED lighting for the project. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. Mr. Ratliff introduced Joe Sherwood of Brewer Paving and Development who distributed brochures and left samples of brick for the Council to review. Mr. Ratliff informed no decisions were necessary tonight since the brick paving will be done at the end of the project. Discussion ensued and included the issues of lane closures, curbing and emergency rescue unit access during paving. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to extend the meeting an additional fifteen minutes. More discussion included the need for Council to make a decision tonight on using pavers. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Roberts to use the brick pavers on the intersections based on the fact that only one lane of traffic will be closed. Additional discussion ensued and included the advantages of brick pavers versus using imprint. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. Ms. Apperson informed council she spoke with Mr. Bandish, Mr. Ratliff and Attorney Garganese earlier in the day and, with Council's permission, they propose to separate the Ridgewood Avenue Improvements Project contract for paving from the rest of the project in order to meet the recording requirements for using Federal Stimulus City of Cape Canaveral, Florida City Council Regular Meeting February 2, 2010 Page 8 of 8 funds. Mr. Ratliff responded to Council the Department of Transportation agrees with this request and it will save the City thousands of Staff "dollars. Council came to consensus and agreed to let staff proceed with this proposal. Mayor Randels proceeded to agenda item nos. 13 and 15. 13. Schedule the City Council Coals and Objectives Workshop. Discussion ensued and included the Council direction to have Staff listen to what the Council wants and to have Staff begin planning the budget around that; having this workshop come after the City Council Joint Workshop Meeting with the Community Visioning Committee and Board Representatives, scheduled for Tuesday, February 23rd. A motion was made by Ms. Roberts and seconded by Mr. Hoog to extend the meeting to 10:30 p.m. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tom Petsos, For; Mrs. Roberts, For and Ms. Walsh, Absent. Council reached consensus to schedule the City Council Goals and objectives Workshop Meeting for Tuesday, March 2nd at 3:30 p,m. 15. Schedule City Council Workshop Meeting with Department Heads; Cape Canaveral Volunteer Fire Department and the Brevard County Sheriffs Canaveral Precinct Commander to Discuss and Prioritize the Implementation of the Community Visioning Project. Discussion ensued and included what Staff needs from the Council and what the Council needs from Staff in laying the foundation on what the Council wants to do and strategic planning for the future. No consensus was reached in scheduling this item. Due to the lateness of the hour, the Meeting adjourned at 1 0:28 P.M. Mia Goforth, Acting City Clerk Rocky Randels, MAYOR