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HomeMy WebLinkAboutMinutes 09-21-2010 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 21, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Others Present City Manager City Attorney Parks and Recreation Director Public Works Director Building Official Brevard County Sheriff Lt. Cape Canaveral Volunteer Fire Dept Lt. City Clerk David L. Greene Anthony Garganese Robert Lefever Walter Bandish Todd Morley Alex Herrera Brian Dennison Angela Apperson PRESENTATION: Brevard County Sheriffs Office — Recognition of Deputy of the Month: Lt. Herrera presented a plaque of appreciation to Agent Jennings for his efforts to successfully close numerous business burglaries throughout Brevard County. Mayor Randels recognized the work of Motor Officer Lindburg to reduce the number of accidents at intersections. REPORTS: The City Attorney had no report. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 2 of 5 AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meetings of June 1, 2010 and September 7, 2010: A motion was made by Ms. Roberts, seconded by Mr. Hoog, that we accept the minutes as presented. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 2. Approve the design and placement of the Historic Marker at the Artesia Post Office Property; approve matching funds not to exceed $164.00 for the production of the marker and waive fees associated with the sign permit City Historian Ray Osborne referenced objective CM 10, which states: "The City shall provide for protection and preservation or sensitive reuse of historic resources as identified within the City. The measurement of this objective is the extent to which historic resources are protected, preserved, or reused in a sensitive manner and the degree to which the following policies are implemented." Mr. Osborne presented the proposed historical marker and explained how the wording would be affixed to the cypress wood. He indicated the cost would be $40.00 for the wood and approximately $30.00 for the lettering. He indicated the Artesia Post Office Property would be the first property to have the marker. He reviewed the agenda items and explained the needs. Discussion included: the design, the location of the signage, the use of local business people for these signs, whether the proposed design for the marker would provide enough space to have a readable message; trying to obtain grant funding for larger /more elaborate markers; the need for consistency in signage and materials; the need for signage that would need very little maintenance; obtaining costs for the traditional historical markers; developing a plan for the City, so the entire program and costs would be known at the beginning; to present this information back to the Council so they can make the final decisions; changing the sign ordinance to exempt this type of sign; and Mr. Osborne's work to raise the 164.00 toward this project. Mr. Sean Johnson and Ms. Joyce Hamilton each donated $100.00 toward the Historical Marker Program. Mrs. Lee Vicidomini inquired why this building was significant. Mr. Osborne indicated the building was chosen because it is the oldest building in Cape Canaveral. Consensus was reached to amend the sign code to exempt Historical markers; to waive any permit fees and for the City Historian to investigate and present back to the Council the traditional historical markers and the costs for them; using a City sign shop, if possible; and pursuing -grants to pay for the markers. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 3 of 5 ORDINANCE: First Public Hearing: 3. Motion to Approve: Ordinance No. 12 -2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading Attorney Garganese read the title of the Ordinance into the record. He explained the amendment authorizes the City Manager to issue these permits. A motion was made by Ms. Roberts, seconded by Ms. Walsh, for approval at first reading. The motion carried unanimously, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing: 4. Motion to Approve: Ordinance No. 13 -2010, Amending Chapter 10, Amusements and Entertainments, of the Code of Ordinances; Regulating Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading Attorney Garganese read the title of the Ordinance into the record. He explained the proposed Ordinance changes the authority to approve street closures to the City Manager and granting the City Manager the authority to waive fees for City sponsored events. Discussion ensued and included how the $250.00 fee was chosen; the duration of the events; where a Farmer's Market would be allowed and that they are traditionally a part of the zoning ordinance; the need for an amendment to the Code of Ordinances to allow for Farmer's Markets; the need for applications to be received in a timely manner; the need for a process map so citizens can see how the Ordinance is implemented and to place such map on the City's website. A motion was made by Mr. Petsos, seconded by Mr. Hoog, for approval. The motion carried unanimously, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTION: 5. Motion to Approve: Resolution No. 2010 -22, Revising City Code Appendix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article III: Attorney Garganese read the title of the Resolution into the record and explained the Resolution establishes 2 rate categories, which are based on the estimated number of individuals to be in attendance. The discussion included how the $250.00 fee was chosen; what qualifies as an Outdoor Entertainment Event; the clean up and damage deposit when the event is held at a City facility and the need to ensure we are not duplicating fees. Consensus was reached to research the clean up deposit and ensure there is not a double fee when Manatee Park is used and to consider reducing the clean up and damage deposit to $250.00 for those events that are 200 or less persons, and to return this item at the Second Reading of the Ordinance. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 4 of 5 ORDINANCE: First Public Hearing: 6. Motion to Approve: Ordinance No. 14 -2010, Amending Chapter 54, Parks and Recreation, of the Code of Ordinances; Authorizing the City Council to Award Franchises for Commercial Vending Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and Restrictions; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading Attorney Garganese read the title of the Ordinance into the record. He reviewed the requirements of the Ordinance. The discussion included the merits of the Ordinance; the current beach vending operations; restricting vending operations to Cherie Down Park; limiting the total number of franchises available; the need for a workshop to further discuss /study this proposal; the need to limit the number of mobile carts each vendor can have; the desire to also allow the ice cream truck. During the discussion, Council Members expressed receiving many phone calls objecting to allowing commercial operations on the beach. Mr. Al Vicidomini questioned how vendors would get from the street to the beach; whether there would be trailers left on the beach overnight and urged for mobile food /beverage vending, but discouraged vending of chairs /umbrellas. Mr. Jim Huston spoke against the Ordinance, as presented. He did support the mobile food /beverage vending. Mr. Michael Britt expressed his concerns of public safety for the food /beverage vending; he felt there should be a feasibility study and was also concerned about the clean up of beach and the associated cost. Mr. Bill Mahoney urged for the continued solitude that is enjoyed currently on the beach and urged for a ballot item to obtain the input from the voters of the city. Mr. Sean Johnson expressed his feelings that there is money to be made on the beach; the issues for most residents were peace and quiet and property values. He felt the commercial activities would help raise the property values and this type of activity would also be good for non - profit organizations. He also urged for at least two franchises for the same type of vendor. Mrs. Rhonda Anderson expressed her feelings that the current vendor does not disturb the peace and quiet of the beach. She felt the current vendor collects trash and stated the current vendor has a state license which also requires an inspection for compliance with health /safety standards. Council discussion continued and included: having two franchises for food /beverage with limiting them to only one cart; whether or not franchise fees would be charged; whether or not a workshop would be needed to further discuss this Ordinance; whether or not this should be placed on a ballot for the voting of City residents; whether these activities are best confined to Cherie Down Park. Consensus was reached for Staff to draft referendum language for Council's consideration at a future meeting. REPORTS: 7. Council: Council Member Roberts • Asked about an action tracking system. Council Members responded the items are a part of the weekly report. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 5 of 5 • Suggested a facts sheet about the City of Cape Canaveral. (More information will be needed to determine what Ms. Roberts is looking to be included.) • Noted the need for master planning. • Noted Rosalid Harvey will attend the October 19, 2010 Council Meeting to present information regarding Port Canaveral Activities • Asked if photos that are taken of individuals receiving awards could be posted to the City website. City Clerk Apperson indicated the photos are posted on the home page of the website. • Asked if there could be more reporting from the Cape Canaveral Precinct regarding drug activities in neighborhoods. Ms. Roberts noted her attendance at recognition ceremony for Emergency Service Personnel throughout the County. She hoped some type of newspaper recognition could be done for recipients of the Deputy of the Month award. Mayor Pro Tern Petsos • Noted he had questions related to the Ridgewood Avenue Project and asked if he could e-mail the questions to all Council Members. Attorney Garganese recommended sending his questions to the City Manager. The questions along with the answers could then be disseminated to the Council Members by the City Manager. • Explained he would not be attending the Budget Hearing as he will be attending a Florida League of Cities insurance trust meeting. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:11 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk SEAL of Cape Canaveral, Florida