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HomeMy WebLinkAboutMinutes 10-03-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 'I'I'I Polk Avenue, Cape Canaveral, Florida TUESDAY October 3, 2006 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. PLEDGE of ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Ed Gardulski CONSENT AGENDA 1. City Council Regular Meeting Minutes of September 19, 2006. 2. City Council Special Meeting Minutes of duly 31, 2006. 3. City Council Special Meeting Minutes of August 29, 2006. 4. City Council Special 'Meeting Minutes of September 5, 2006. 5. City Council Special Meeting Minutes of September 25, 2006. 6. Resolution No. 2006 -39; Appointing a Regular Member to the Beautification Board (Andrea Rice )- City Council Regular Meeting October 3, 2006 Page 2 of 10 7. Resolution No. 2005 -40; Appointing a Regular Member to the Business & Cultural Development Board (Dianne Marcum). 8. Resolution No. 200641; Appointing a Regular Member to the Construction Board of Adjustment and Appeals (James Evetts). 9. Resolution No. 2008.42; Appointing a Regular Member to the Board of Adjustment (Jack Childs). 10. Addendum to the operating Equipment Lease Agreement with the Cape Canaveral Volunteer Fire Drepartrnent 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. Nicholas and seconded by Mayor Pro Tern Hoog to Approve Consent Agenda Items No. 'l through 10. 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. CONSIDERATIONS: 11. Motion to Approve: Award Request for Proposal No. 05-05 for Group Health Benefits. Mr. Petsos asked Ms. Stills to present the Group Health Benefits. Ms. Stills explained that six proposals were submitted: Comp Benefits, Florida Benefits, Inc., Florida Dental, Florida League of Cities, Inc., Health First, Inc., and Thompson, Bostrorn, Inc. The Review Committee consisting of the City Manager, City Treasurer and City Clerk recommended Health First Health Plans at a quoted rate of $461.23 for medical coverage, and Comp Benefits at a quoted rate of $24.74 and $5.74 for dental and vision insurance coverage. Mr. Dennis Thompson, of Thompson Bostrom, Inc. addressed the Council and requested to be part of the City's insurance team in order to assist the City with special questions. He stated that he would represent the carriers that staff chooses. Mayor Randels questioned how his firm would be paid. Mr. Petsos asked that Mr. Thompson's request be reviewed by the City Manager. Mr. Manny Mancuso of Comp Benefits replied to Mayor Randels that typically no employee would refuse a plan that is without expense. Mr. Boucher informed that the Cape Canaveral Fire Department has transferred to the Health First Network and the City of Cocoa Beach also expressed their satisfaction with their continuing contract with the company. Mr. Petsos expressed that he did not want to see the employees lose their present physicians. Mr. Dean Brombacher replied that he would assist to gain those physicians in the network who are not currently a part of Health First. City Council Regular Meeting October 3, 2006 Page 3 of 10 A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Award the Request for Proposal No. 06-06 for Group Health Benefits to Health First Health Plans and comp Benefit, Inc. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; lliilr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. 12. Motion to Approve= Interlocal Agreement for Traffic signal Maintenance with Brevard county. Mayor Randels explained this as an Interlocal Agreement for Maintenance for three traffic signals in the city. Mr. Ed Gardulski stated that the Agreement creates a five -year extension of the existing contract. A motion was made by Mr. Petsos, and seconded by Mr, Bruns to Approve the Interlocal Agreement for Traffic Signal Maintenance with Brevard county. 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. 13. Mobon to Approve: Interlocal Agreement with Brevard county for the Transfer of N. Atlantic Avenue, Ridgewood Avenue and central Boulevard. Mayor Randels explained that the county is currently authorized to maintain North Atlantic Avenue, Ridgewood Avenue and central Boulevard. He stated that funds were included for paving Ridgewood Avenue due to the upcoming landscape project. Mayor Pro Tem Hoog stated that additional work would occur such as a center turn lane on North Atlantic Avenue. Mr. Petsos expressed his concern on the cost estimate provided by Public Works which was higher than the cost estimate from the County. He expressed concerned on entering into an agreement because of the rates and did not favor a locked -in price. Mr. Petsos desired to see road improvement prior to the transfer. Mayor Randels stated that funds were bonded for each Commissioner to perform a project. Mr. Petsos stated that the bonding could be adjusted to certain projects. Mayor Randels responded to the city Manager's question that commissioner Pritchard's funding was expended on other projects in the County. Mr. Bruns stated that he would accept the roads based on the County improving them to standard first. Discussion followed on the whether the agreement would delay the Ridgewood Avenue landscape project. Mr. Petsos stated that continued discussion between the City and county staff was needed. Mr. Boucher stated that he would welcome discussion with the new District County Commissioner. Mr. Nicholas pointed out that any further delay would continue to increase the paving costs. Mayor Pro Tem Hoog questioned if each road required a separate agreement. Mr. Petsos stated that the city would accept roads that need tax payer funding to repave. He replied to Mayor Randels that the Council agreed to accept the roads after they were re- paved. Mayor Randels noted that although the city sets aside funds for paving; the cost of paving exceeded the set aside funds. Discussion followed on the City's acceptance of the roads and then paving them. City Council Regular Meeting October 3, 2006 Page 4 of 10 Mr. Harry Pearson, 8703 Camellia Court, asked if a turn lane at the Y-shaped juncture at Astronaut Blvd. and North Atlantic Avenue could be considered. Mayor Randels replied that State Road A1A, Astronaut Boulevard, is a State road. Ed Gardulski, Public Works Director, explained that a contract is underway for State Road AlA for drainage and repaving. Mayor Pro Tern Hoog asked if the two roads, North Atlantic Avenue and Central Blvd., could be approved to the exclusion of Ridgewood Avenue. A motion to Amend the Main Motion was made by Mr. Bruns and seconded by Mr. Nicholas to Withdraw Ridgewood Avenue from the #nterlocal Agreement 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. A motion was made by Mr. Nicholas and seconded by 'Mayor Pro Tem Hoog to Approve the lnterlocal Agreement with Brevard county for the Transfer of N. Atlantic Avenue and central Boulevard as Amended. 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. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog Directing the city Manager to Return to the County and Request an Increase on the Road Paving Costs. The vote on the motion carried " with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. 14. Motion to Approve: Appointing Two Members to the "North Beaches Coalition Advisory Board" and a Noting Delegate and Alternate to the Brevard Metropolitan Planning Organization. Mayor Randels expressed an interest in serving on the North Beaches Coalition Advisory Board and as the Chair moved to nominate Mayor Pro Tern Hoog since elected officials were asked to serve. Mr. Petsos asked to be kept apprised of the elected and advisory issues. A motion was made by Mayor Randels and seconded by Mr. Nicholas to Approve Appointing Two Members to the "North Beaches Coalition Advisory Board" 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 continued on the voting delegate and an altemate to the Brevard Metropolitan Planning organization [MPOJ. Mr. Petsos stated that the Council should seek an interested resident to serve. However, a member of Council was required to serve as an elected official. Mr. Boucher informed that the Advisory Board should be in place by the end of the month. Mr. Petsos expressed his interest in serving as an alternate member. Council could also select a citizen to serve. Mr. Boucher stated that he served on the Technical Advisory Committee of the Brevard MPO. He informed that he would seek out an interested party. City Council Regular Meeting October 3, 2006 Page 5 of 10 ORDINANCES: First Public Hearin 5. Motion to Approve: ordinance No. 16 -2006; Adopting a New Cable Franchise Agreement with Bright House Networks, LLC, at First Reading. The title of Ordinance No. 16-2006 reads as follows: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Boucher introduced Mr. Steve Luba, Director of Government Relations for Brighthouse Networks. Mayor Randels expressed a past concern under Item 16.3(d) that stated that Franchise shall provide free services to several public facilities such as Cape View Elementary School. Mr. Luba explained how CPST is a Standard service which is the one tier above the basic service. He stated that if the schools receive Internet service at this time, they would continue to receive that service. Mr. Luba informed that Internet service was not regulated under the Federal Communication Commission [FCCC] under the Agreement and therefore not part of the Franchise Agreement. Mr. Boucher pointed out that he was unaware of a separate agreement that the services such as the Internet might exist. Mr. Luba informed that Brighthouse offers the standard television service with the schools and the Discovery and History Channels are included in the CPST service. Mr. Petsos expressed concern with the 10 --year term should new technology arise. Mr. Luba explained that Brighthouse makes a decision to upgrade services countywide and services are market driven. The Agreement is governed under the FCC. Mr. Luba referred to Page 25, Section 16.2(d) and repeated in 16.3(b) which reads that Space Coast Government Television was the primary access channel for government television in Brevard County. Mr. Luba replied to Mr. Bruns that digital was increasing in use and he stated that High Definition Television was an enhanced quality digital over the standard quality digital. Mr. Petsos restated his concern with the duration of the Agreement. Attorney Garganese stated that the Agreement was fair and consistent with other municipalities. Ms. Evelyn Brown, of 121 Majestic Bay, referred to the cable lines dangling behind the units from the previous mobile home park and asked if the City would ask the cable company to maintain the discontinued lines. She expressed her concern over liability as a homeowner. Mr. Luba stated that he would meet with the City Manager and identify the service locations. A resident of 170 Long Point Road also asked to have the line serviced at her location. Mr. Donald Dunn asked if the City had met with the DISH network for Satellite television service. Mr. Boucher explained that Brighthouse used the right -of- ways; therefore a Franchise Agreement was necessary, whereas Satellite service used the homeowner's private property. City Council Regular Meeting October 3, 2006 Page 6 of 10 A motion was made by and seconded by Mr. Bruns to Approve ordinance No. 16-2006 at First Reading. The vote on the motion carried 6-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. 16. Motion to Approve: ordinance No. 17 -2006, at First Reading. Mayor Randels read Ordinance No. 17 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ZONING, of THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMrTIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCES; PROVIDDNG FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Boucher explained that the Council would discuss this ordinance prior to the subsequent ordinance on the moratorium. Mayor Pro Tern Hoog asked why a duly held public hearing was necessary prior to a resident rebuilding a home already in existence. Attorney Garganese explained that many cities have a standard non - conforming use provision that do not address specific circumstances. This would allow for discussion in a public forum. Attorney Garganese stated that the Council could add a provision that stated, "If a single -- family dwelling unit exists as a non - conforming use, then the non- conforming use would continue as a matter of right unless the property is abandoned." Attorney Garganese stated that "dwelling unit" would become the point to address. Mayor Pro Tern Hoog expressed that not all persons whose home was destroyed should have to carne before the Council to obtain permission to re -build their homes. Attorney Garganese re- -stated that "dwelling units" would cover that point. He advised on the attempt to write a non - conforming use and structure ordinance to address every scenario on the subject. He replied to Mayor Randels that this would allow the council to address certain circumstances. Mayor Randels cited where the City Council could grant an extended time to rebuild a structure. Attorney Garganese affirmed to Mr. Bruns that this ordinance would affect the following ordinance making some dwelling units on the State Road Al A corridor non - conforming uses. He stated that he would add language to provide a special provision for dwelling units. Mr. Petsos asked for clarification if this ordinance would allow for grandfathering - in the vacation rental uses. Attorney Garganese responded that Council would want to address amortization on the resort rental issue separately. Council would set the parameters for resort rentals within the parameters of that ordinance. Mr. Boucher asked, in light of the dwelling unit discussion, if any Council passed a subsequent law City Council Regular Meeting October 3, 2006 Page 7 of 10 that makes a dwelling unit non - conforming, then any new ordinance would need to address the dwelling unit issue_ Attorney Garganese explained that a dwelling unit applies to where someone lives not a rental unit. Mayor Randels replied to Mr. Ray Osborne that this ordinance had no impact on the Department of Community Affairs ruling on the Coastal Construction Control Line rebuilding. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Approve Ordinance No. 17-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tent Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. ORDINANCES: Second Public Hearin : 17. Motion to Adopt: ordinance No. 11 -2005, at Second Reading. Mayor Randels read Ordinance No. 11 -2006 by title. . 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 ALONG THE Al A HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; 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. Mr. Petsos pointed out that the City Attorney added language and a map that clarified any concerns from the previous meeting. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Adopt Ordinance No. 11-2006 at Second Reading. 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. RESOLUTION: 18. Motion to Adopt: Resolution No. 2006 -43; Approving Final Replat of Beachside Townhomes, Phase 11, Lot 13, Block 5, Avon -By- The -Sea Located on the North Side of Adams Avenue, Applicant ;John .Johanson. Mayor Randels read Resolution No. 2006 -43 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "BEACHSIDE TOWNHOMES "; City Council Regular Meeting October 3, 2006 Page 8 of 10 AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels clarified the property address as 502 and 504 Adams Avenue. Mr. Ray Osborne asked if an archeological study was performed. Mayor Randels stated from the report that there were no known archeological resources on the site. Mr. Todd Peetz, City Planner, informed that the City used the Florida Master Site File. He informed that currently there were no identified historical homes on the plat. Mr. Peetz explained that if there were any such archeological findings, it would be the property owner's responsibility to inform the authorities. Mr. Osborne noted that in a previous meeting he had asked that the developers photograph any historical findings. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2005 -43 Approving the Final Replat of Beachside Townhomes. 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. DISCUSSION: 19. space Coast Wayf nding Program. Mr. Boucher explained that the Council's task was to decide on the designated locations for the signage. Mayor Randels explained how the proposed signs would direct visitors to various sites. Mr. Bruns expressed his opposition to the signs. Mayor Randels affirmed for Mr. Nicholas that the signs conform to the City's code. Mr. Morley informed that the City sign code does not allow for any signs in the right-of-way. heir. Nicholas stated that he too did not want the signs in the City. Mr. Petsos stated that he failed to see the benefit. The City Manager would convey the Council thoughts. I. City Manager • Mr. Boucher reported on the Planning and Zoning Board recommendation on the proposed ordinance for vacation rentals that disallowed rentals in units of four units for less than 99 days and a one -year amortization schedule. Mr. Boucher informed that he was contacted by the Coalition for Property Rights. He stated for the record that as of yesterday there were only six licensed properties with the Department of Business and Professional Regulations [DBPR]. Discussion followed on state licensing regulations. Mayor Randels explained that the DBPR regulates the condominiums through its bylaws. Mr. John Johanson, of 310 Adams Avenue, stated that the ordinance might need expansion to address larger units of five or more. Mr. Petsos explained that larger units usually have a form of property management. Mr. Johanson explained how regulation of four units or less would transfer the problem to the condominiums. City Council Regular Meeting October 3, 2006 Page 9 of 10 Ms. Shannon Roberts ' related that a unit in Solana shores experienced a similar circumstance; however, their Association actively prevailed on the owner. Mr. Glen Petit stated that his condominium was bo percent rental property. Mr. Bruns explained that the city could not interfere with the condominium by -laws which were self-regulating. Mr. Petit requested an expansion to more than four units. Attorney Garganese replied that he could provide further research. Mayor Randels concluded that the Building official would confer with a representative from DBPR to address the issue. • Mr. Boucher reported that Attorney Rick Torpey for coastal Fuels, LLC, requested to meet with the city Council on Thursday, October 26 council agreed to meet that day at 5 :00 P.M. Mr. Boucher recommended meeting at the Library. Mr. Boucher reported that he would meet with three groups regarding the road construction costs. ■ Mr. Boucher reported that there were no telephone complaint calls on Waste Management for Monday's pick -up. * Mr. Boucher commended the city Clerk on the RF.P for Group Health Benefits proposal and questionnaire. ■ Mr. Boucher reported on the results of Banana River Park, He directed the Public Works Director to get a quote from Greenblades to get the field in working order. 2. Staff Building official Mr. Morley reported on the status of code Enforcement. He reported that a Recreational Vehicle camping site started as a mobile vacation rental. Code Enforcement sent out notices and would monitor future activity. + Mr. Morley reported on the identification of liquefied petroleum storage. He posed if Council would prefer this storage as an unlawful or a conditional use. City Clerk • Ms. stills announced that due to Dexter Rogers' withdrawal from city council candidacy, Nis. Shannon Roberts was now an unopposed candidate. The only item for the ballot was the referendum question. _ City Attorney Attorney Garganese reported that he would like to conduct a Council member workshop on Sunshine Law, Public Records and Council/ City [Manager form of government. ■ Attorney Garganese also reported that he informed Ms. Roberts, as council - elect, that the sunshine Law applies to her. City Council Regular Meeting October 3 2006 Page 10 of 10 AUDIENCE To BE HEARD: • Nor. Glen Petit informed on a serious health and safety hazard. He stated that Waste Management deposits hydraulic fluid, liquid from unpleasant waste and paint spills on the premises. • Mr. Petit also informed that residents are charged a $60 per month "caster" fee, He stated that this fee is not in the City solid waste contract and he asked the City Attorney investigate the matter. Mr. Boucher informed that that driveway was pressured cleaned on September 22 " • Mr. Moe Ledoux, President of Treasure island Club Condominium Association, stated that he contacted several other Association presidents and received responses from others who experience poor service from Waste Management. Attorney Garganese stated that the firm could be subject to liquidated damages until the firm performs on the contract. Mr. Nicholas encouraged Mr. Petit and Mr. Ledoux to call Mr. Boucher's office with their concerns. Mr. Petit invited Mr. Boucher to view their operations. . 3. city council Mr. Bruns • No report. Mr. Nicholas * Mr. Nicho requested the smaller 64- gallon CART containers. Mr. Petsos • Mr. Petsos asked for assistance to the Business and Cultural Development Board and requested that the Board understand that the City is a residential community and not a resort town. Mayor Pro Tern Hoag • No report. Mayor Randels 0 No report. ADJOURNMENT There being no further business, the meeting adjourned at 10 :00 P.M. r F r �- Rocky Randel MAYOR Susan S ills, CIVIC, CITY CLERK tN 7 46 ` K