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HomeMy WebLinkAboutMinutes 09-05-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 'I'I'I Polk Avenue, Cape Canaveral, Florida TUESDAY September 5, 2006 7:00 PIVI MINUTES CALL To ORDER The Chair called the meeting to order at 7:05 P.M. PLEDGE of ALLEGIANCE: ROLL CALL-- Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Public Works Director Burt Bruns Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Ed Gardulski Mayor Randels encouraged anyone who desired to speak to sign in. PRESENTATIONS: Summer Commercial Beautification Award Mrs. Judy Hale stated that the Board recognized the Rad isson Resort at the Port with the Summer Commercial Beautification Award. She called on Mr. Joe Panackia, General Manager for the Radisson, to receive the award. Mr. Panackia thanked the Board for the recognition... City of cape Canaveral, 'Florida City Council Regular Meeting September 5, 2008 Page 2 of 8 BOARD INTERVIEW: Andrea Rice, Beautification Board Mayor Randels informed that Ms. Rice was unable to attend the meeting due to a family emergency. Her interview would occur at the next scheduled City Council meeting. CONSENT AGENDA 1. city Council Regular Meeting Minutes of August 15, 2006. 2. Resolution No. 2006 -30; Appointing an Alternate Member to the Board of Adjustment (Jack Childs). 3. Street Sweeping Contract Renewal with USA Services of Florida, Inc. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Bruns and seconded by Mayor Pro Tern Hoog to approve the Consent Agenda. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 4. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending June 30, 2006. Ms. Bowers informed that the City was well within the projected revenue collection for the year. She stated that she reduced the Building and Fire Inspection fees due to a decrease in activity. Ms. Bowers stated that the City completed the budget year in a positive state. Mayor Randels questioned the Revenue Account for the Sewer Enterprise Fund regarding Collection System Improvements for $24,000. Mr. Gardufski replied that these were utilized from another account and not needed. Ms. Bowers informed that the final accounting would include the four budget quarters as well as a final summary. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Quarterly Treasurer's Report and Budget Transfers for the Period Ending June 30, 2006. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoag, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting September 5, 2006 Page 3of8 5. Motion to Approve: Contract for Audit Services with McGladrey & Pullen, Certified Public Accountants. Mayor Randels stated the contract's annual cost of $33,750 with an option to renew for four subsequent years. Ms. Bowers noted that the City might anticipate an increase during the four -year time period. She replied to Mayor Randels that the firm has adequate staffing and she did not anticipate the need to sub - contract for the audit. Ms. Shannon Roberts commented that the firms' national affiliation with McGladrey and Pullen should augment the previously provided services. A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve the Contract for Audit Services with McGladrey & Pullen, Certified Public Accountants. The vote on the motion carried 5 -0 with noting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. G. Motion to Approve: Ridgewood Avenue Beautification Design Proposal Tasks 1 & 11, Brad Smith and Associates. Mr. Ed Gardulski, Public works Director, stated that the firm would address the Council with a 30 percent design prior to proceeding to Task ill. Mayor Randels questioned the short 30 -day timeline on the survey. Mr. Brad Smith affirmed that the surveying was 30 percent completed at this tune. Mr. Gardulski replied to Mayor Randels that he was the point of contact for the City and Mr. John Pekar, City Engineer, was the contact for Stottler, Stagg & Associates. Mr. Smith replied to Mayor Randels that the City would receive a half-set of 11 " by 17" drawings for review. Mr. Petsos concluded that he expected to see more documentation on costs prior to any decision on Task lll. Mr. Brad Smith informed that he expected some survey data as early as the following day. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Ridgewood Avenue Beautification Design Proposal Tasks 1 & 11, Brad Smith and Associates. The vote on the motion carried 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearing; 7. Motion to Approve: ordinance No. 11 -2006; Amending the List of Special Exceptions (Aka Conditional Uses) in the C -1 Zoning District Related to Residential Uses; Specifically Amending Section 110- 334(c)(10), Cape Canaveral City Code, to Prohibit Special Exception Residential uses on Property that is Located Adjacent to and has Frontage Along the A7 A Highway Corridor; Providing Clarifying Amendments, at first reading. Mayor Randels read Ordinance No. 11-2006 by title. City of Cape Canaveral, Florida City Council Regular Meeting September 5, 2006 Page 4 of 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST of SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C -1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110.334(C ){10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ADJACENT TO AND HAS FRONTAGE ALONG THE A'IA HIGHWAY CORRIDOR; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney stated that any time a change is made to conditional uses two Public Notices are required; therefore, the ordinance was duly advertised prior to this First reading. Discussion followed on the intent of the word adjacent to and has frontage along the State Road AlA Highway corridor. Mayor Pro Tern Hoog required clarification on the word adjacent to and has Frontage Along the AlA Highway Corridor. He stated that property exists adjacent to the property along the AlA corridor. Mayor Pro Tern Hoog explained that property adjacent to the property along State Road AlA should be able to rebuild as a residential property otherwise it is a taking of a right. Attorney Garganese stated that the word was intended to mean the property adjacent to the AlA Highway corridor only. Mayor Randels asked Mr. Craig Smith and Ms. Shannon Roberts for the Business and Cultural Development Board's intention. Mr: Smith stated that the Board's discussion was C -1 zoned property on the AlA corridor only. Mayor Pro Tem Hoog summarized that the previous discussion was special exceptions in commercial zoning. [Mayor Randels reviewed some of the results from previous discussion as: 1) to modify the code to permit special exceptions with limit and, 2) to modify the code to not permit special exceptions in C -1 zoning above the north stated boundary and discussion would continue on the area south of the boundary at the next meeting. Mr. Bruns clarified that on July 26 the Business and Cultural Development Board, Planning and zoning Board and the City Council concluded that the City would no longer accept Special Exceptions for residential construction in C -1 zoning district along the AlA corridor. Mr. Bruns concluded that the clear intent of the ordinance was all of C--1 zoning. Mayor Pro Tern Hoog pointed out that the ordinance references property adjacent to and frontage along the State Road AlA corridor. Discussion continued on clarifying the language in order to substantiate what was meant by adjacent to and has frontage along the AlA corridor. Attorney Garganese clarified that the language could state, "all property in C -1 zoning along the AIA corridor as depicted on the map." Mr. Boucher asked if that included footage up to an unlimited depth. Mr. Bruns stated that the language would include all property in the C -1 zoning district along the AlA corridor. Ms. Roberts affirmed that the Board agreed with Mr. Bruns' stated intent. Attorney Garganese concluded that the body of the ordinance explains the content; however, he would amend the title to specifically clarify the ordinance's intent. City of Cape Canaveral, Florida City Council Regular Meeting September 5, 2006 Page 5 of 8 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve ordinance No. 11-2006 at First Reading, Mayor Pro Tem Hoog withdrew the previous motion, A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Bruns to Approve Ordinance No. 11-2006 at First Reading to include Language that would Prohibit Special Exceptions in Residential Uses in the C -1 Zoning Along the AIA Corridor. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For, DISCUSSION: 8. Vacation Rentals, Mr. Petsos initiated discussion and expressed that the City needs to take a regulatory position on this matter. He related that the Code has not been addressed and he did not desire to % .it a precedent through absence of regulation. Mr. Petsos stated that the County has been successful in adherence to its regulation. Ms. Bowers informed that under the Laity ordinance, no one is licensed to operate vacation rentals. Mayor Pro Tem Hoag stated that enforcement falls under State guidelines. Ms. Bowers stated that the issue was one of Code Enforcement. Mr. Bruns referred to the City's seven -day rental code and clarified that condominiums were not in discussion at this time. Mr. Petsos clarified that he was addressing townhomes that are operating as vacation rentals. Mr. Petsos explained that condominiums have onsite property management which is not present for townhomes. He related that the Planning and Zoning Board attempted to apply regulation based on the number of units. Mr. Petsos concluded that the issue was getting worse and needed to be addressed. City Council directed staff to find out how the County and other beachside communities provide successful regulation. Mr. Petsos related how a busload of people used a townhorne as a central point to disembark and then used his private drive for a turnaround zone. Mayor Pro Tem Hoog agreed with Mr. Petsos; however, he stated that the existing code had no such provision and a new provision could be considered a taking of a right. Council expressed agreement for staff to find out mo rT on the issue. REPORTS-- 1. City Manager • Mr. Boucher reported that the Interlocal Agreement with the County for North Atlantic was in the County Attorney's Office. • Mr. Boucher reported that Todd Morley was voted President of the Local Building Official Association, City of Cape Canaveral, Florida City Council Regular Meeting Septem' ber 5, 2005 Page 6of8 • Mr. Boucher reported on the removal of the poles along North Atlantic Avenue. • Mr. Boucher thanked the City Clerk for filling in during his vacation. • Mr. Boucher reported that Health Insurance Proposals were in and a recommendation would be forthcoming. ■ Mr. Boucher reported that the Business and Cultural development Board were in the process of working on the Community Redevelopment Plan. ■ Mr. Boucher reported that he met with John Peka r and he would schedule a walk through on the � -t°e a . % r Park Banana River Park to assess completion. 2. Staff ■ City Treasurer No report. ■ City Clerk No report. • City Attorney No report. AUDIENCE To BE HEARD: * Ms. Kathy Reakes reported that Commissioner Prichard lost the Primary Election. She also stated that Ms. Barbara Murray won the election for School Board District 2. • Mr. Russ Kaupp and Ms. Marianne Cattuso questioned the close proximity of the Atlantic Animal Clinic. Mayor Randels pointed out that when her home was constructed, residential zoning was allowed in that commercial district. Mr. Kaupp questioned compatibility issues. The following discussion assured that the facility was established within its zoning parameters. Mr. Kaupp questioned a dog run. Mr. Nicholas stated that Dr. Storts assured that all operations would be carried on inside the premises. ■ Mr. Russ Kaupp spoke about that the hazardous highway traffic while waiting for the bus. He asked if the City would incur the liability if a bus shelter were hit and also is there any way to elevate the shelter for safety purposes. Mayor Randels replied that the City had a certain level of liability under those circumstances. • Mr. Donald Dunn reported that waste Management broke the gate at ocean woods; however, they were paying for a replacement. City of cape Canaveral, Florida City Council Regular Meeting September a, 2DO6 Page 7 of 8 3. City Council Mr. Bruns • Mr. Bruns related to parking problems near the beach and considered utilizing the brush area to the south of the park for parking. Mayor Randels pointed out that the County offered the park for the City to purchase. He also noted that the parts was funded with preservation grant money and parking may not be a feasible use. Council directed the city Manager to inquire if the park purchase were still an option. Mr. Nicholas • Mr. Nicholas asked if there was still an intention from the Beautification Board to install a gazebo at the center Street Park. Mr. Boucher replied that he had not received anything in writing from the Board. Mr. Bruns also requested a trash barrel at the park. s Mr. Nicholas inquired about the Tripple J lawsuit. Attorney Garganese replied that the suit was filed and the City filed a Motion to Dismiss because the suit was improperly prepared. The court dismissed the case and the applicant was given an opportunity to re -file. The suit is still active. Mr. Petsos • Mr. Petsos reported he won a free attendance at the Florida Government Finance officers' Association Conference during the Florida League of Cities Annual conference in Jacksonville. He turned the gift over to the city Treasurer for her attendance in the upcoming year. • Mr. Petsos inquired about Cocoa Beach's desire to jointly purchase beach cleaning equipment. Mr. Boucher reported that funding was previously available to purchase such equipment; however, it was refused. • Mr. Petsos informed that the City received a letter from the President of the Little League Association asking to return the southwest portion of the Little League field to its prior use. Mr. Boucher said he and the Recreation Director could schedule a meeting with the Little League President. • Mr. Petsos asked if there was any information on the new Ron Jon's Resort at the Port. Mr. Boucher replied that at this time the Department of Community Affairs had not ascertained if Development Regional Impact study were needed. • Mr. Petsos questioned bus shelter locations. Mayor Randels replied that Space Coast Area Transit had identified six locations. Mr. Petsos stated that Mr. Tom Wafts was still interested in installing the bus shelters if rant funding were not available. g 9 Mayor Pro Tem Hoog • Mayor Pro Tern Hoog reported that he attended a League of Cities conference with the Save Brevard Committee and the County Commission on the 23rd regarding the Home Rule Charter Amendment resulting in the County doing away with their proposed referendum question. City of Cape Canaveral, Florida City council Regular Meeting September 6, 2006 Page 8 of 8 Mayor Randels • Mayor Randels reported that Mr. Kohler assumed operational command of Space Florida. Mayor Randels contacted Mr. Kohler and expressed the desire for Space Florida to locate in Central Florida. Mayor Randels informed that the City does not have enough class A office space at this time. He stated that he and the Port representatives were making an aggressive attempt to locate Space Florida in the area. Mayor Randels replied to Mr. Petsos that the Economic Development Commission did not support the individual position of any city. • Mayor Randels announced that he secured a $10,000 grant from waste Management to place trash receptacles along the beach. He is seeking an additional $10,000 from Keep America Beautiful due to the number of tourists. The Tourist Development Council was also willing to support a position for someone to drive the trash handling vehicle. • Mayor Randels reported that he worked along with a Waste Management driver on Saturday, September 2 d . He informed that only one truck is available for cart system operation. The driver did not leave the city until 11:00 P.M. Mayor Randels stated that the customer service was inadequate. Mr. Boucher would alert the company of the failure to produce on the contract. Mr. Nicholas commented that the company is still seeking contracts and has not performed adequately for the City's contract. Mr. Petsos noted that the driver disembarks from the truck to ensure that any containers left on the street are emptied which takes more time. • Mayor Randels concluded that the city Manager is working on some personnel issues at this time. ADJOURNMENT: There being' no further business, the Chair adjourned the meeting at 9:30 P.M. � g Rocky Randels, MAYOR Susan St s LEkK - ' t . �� L