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HomeMy WebLinkAboutMinutes 12-19-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 19, 2005 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 Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official Recreation Director Public Works Director Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony oa rga nese Susan Stills Todd Morley Nancy Hanson Ed oardulski CONSENT AGENDA I. city council Regular Meeting Minutes of December 5, 2005. 2. Inmate Labor contract with the Florida Department of corrections. Mayor Randels asked if any member of council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. The City Clerk referred to Page 2, end of paragraph one, Under Presentations and stated that Ms. Roberts requested to amend her statement to read, "that the City receives notice of any cost savings on this joint project." Ms. Roberts stated that she wanted to clarify that Brad Smith and Associates would notify the City if there were any cost savings since his firm was also working on a similar project with the City of Cocoa Beach. City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 2 of 14 A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr, Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 3. Motion to Approve: Request for Release of Lien Per Section 2- 260(e), Paul Jindra, 605 Shorewood Drive, Unit E503. Mayor Randels explained that the City code calls for anyone who desires a Release of said Lien to apply to the Code Enforcement Board through Section 2- 260(e). The Board recommended that the Council waive the fees and charge only the costs of $2,676.40 to remedy the violation. Mayor Pro Tem Hoog stated that he attended all the meetings on this item and he distributed some information regarding other costs. He related that a sales transaction fell threw because of this code violation. Mayor Pro Tern Hoog explained that the Shorewood condominium Association incurred a cost of $10,336 over this code violation and some other violations. Mayor Pro Tem Hoog requested an amendment to the motion to address the other incurred cost. He encouraged the council to read the distributed information. Mayor Pro Tem Hoog stated the loss of $22,000 on the adjacent property sale. Ms. Roberts expressed concern with the Council not having time to review the document. Mr. Petsos expressed concern with the City collecting the additional costs and he requested an opinion from the city Attorney. Mayor Pro Tem Hoog explained that the information he received was prompted due to one Code Enforcement Board member's vote of Against. Mr. Nicholas stated that the total amount of the lien was $116,000 at the rate of $50 per day. He expressed that Mr. Jindra was recalcitrant in his attitude toward the Board in coming into compliance as well as with his neighbors. Mr. Nicholas stated that he supported Mayor Pro Tem Hoog's position. He stated that Mr. Petsos was right that the Board generally purposed to seek compliance but this was an outstanding violation. Mr. Nicholas related how the cat excrement was seeping from the unit and thereby affectin g the other residents. Ms. Roberts added for the audiences benefit that there were extenuating circumstances as well as Mr. Jindra's health. She stated that she believed that the recommendation that the Board put before the council was the right one. Mr. Petsos stated that the health issue since it was public record was that of mental health. He expressed that he anticipated reviewing the information and he looked forward to the City Attorney's opinion. Mayor Pro Tem Hoog related that he did not believe Mr. Jindra had a problem and he was very belligerent to the Board. He stated that the city, nor the people who lost their real estate sale, over the issue, was duly compensated. The agent for the prope rty Samuel David Anderson stated that the unit has been vacant for over 60 days. The unit was cleaned and City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 3 of 14 an ozone and enzyme process was used for the odor. The party that lost the real estate sale has since expressed an interest in purchasing the property. Mr. Anderson added that Mr. Jindra was in poor condition financially, physically and mentally. Mr. Nicholas expressed that his health might have been exacerbated by his living condition. Mayor Pro Tem Hoog stated that the lien was incurred at $50 per day and began sometime in 2005. Mr. Anderson informed that the unit was for sale and Mr. Jindra was no longer in the community. Mayor Pro Tem Hoog stated that the City and the Condominium Association incurred much undue duress over his actions. Mr. Anderson related that Mr. J ind ra's sister was willing to pay the $2,600 lien cost which made for a difficult sale. Mayor Pro Tem Hoog concluded that he did not think the Association should incur the additional $10,336 costs. Ms. Roberts expressed her concern with the Council's discussion without a Code Enforcement Board member represented to hear their views or with review of what the Mayor Pro Tem distributed. Ms. Roberts stated that she would like to hear from Code Enforcement Board members to gain their vantage point. Attorney Garganese advised to postpone the meeting to a time certain. Mayor Randels announced the next Regular scheduled meeting as January 2, 2007. Ms. Roberts requested the background information from Mayor Pro Tern Hoog as well as a representative from the Code Enforcement Board. Building Official, Todd Morley, said that the Code Enforcement Officer as well as the Public Works employee that was involved could also attend. Attorney Garganese clarified on the significant amount of staff time incurred in processing this violation. Mayor Pro Tem Hoog stated that the $2,600 was not a significant amount. Mr. Petsos stated that he anticipated he the City Attorney's legal opinion prior to going into a civil suit. Mayor Pro Tem Hoog stated that he served on that Board for many years and expressed that he knew how the City felt. Ms. Roberts recommended all of the Code Enforcement Board members present in order to hear their rationale due to a 4 -1 vote on the issue as well as to have the Code Enforcement Officer's prospective. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Request for Release of Lien Per Section 2- 260(e), Paul Jindra, 605 Shorewood Drive, Unit E503. Discussion followed. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Postpone the Request for Release of Lien Per Section 2- 260 (3), Paul Jindra, 605 Shorewood Drive, unit E503 until the next Scheduled Meeting of January 2, 2007. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of cape Canaveral, Florida City council Regular Meeting December 19, 2006 Page 4 of 14 4. Motion to Approve: Little League Field Improvements. Mayor Randels called on Nancy Hanson, Recreation Director to address this issue. Ms. Hanson stated that she gathered data and met with Mr. Hank DiNato, Space coast Little League Vice - President, as well as Sports Field Lighting. Mayor Randels stated that Ms. Hanson established costs for lighting and the in -and outfield. Mr. Jim Cantos, President of the Space coast Little League, stated that the main concern in discussion, the fighting and the in -field and outfield, were safety concerns. He expressed that the lighting was probably not up to Little League standards. However, more important was the condition of the field. Mr. Cantos explained how Mr. DiNato warned opposing teams to watch an imperfection [a lip] that could cause a bail to bounce back and hit players in the face and is a safety concern. Mr. cantos emphasized that the grass needs to be replaced and used the Little League field in Merritt Island as a comparative. Mr. Cantos acknowledged the Little League players in the audience. Mr. cantos related on the effort to recruit players. He closed with a final request to the Council to address the ball field needs. Mayor Randels related that Ms. Hanson intended to update the new system to a 50130 in- field, out - outfield wattage standard and would replace 23 existing fixtures at a cost of approximately $13,845. The estimated cost for the in -field was $13,520; however Mayor Randels expressed concern with completion of the outfield project before the field is needed in February. Mr. Cantos replied that if the council approved the . expenses, the Little League would comprise a schedule while refurbishing the fields. Mr. DiNato replied to Mayor Randels that irrigation was fine. Mr. Nicholas questioned the fields in discussion. Ms. Hanson responded the Little League field. Mr. cantos replied to Mr. Nicholas that Fall Ball experienced an increase. He related on the benefit of children playing team sports in light of the other activities available. Ms. Roberts asked if this would make the field state -of -the art. Ms. Hanson would discuss subsequent maintenance with the Public Works Director. Ms. Hanson expressed concern with the schedule on lighting installation after the grass installation saying that sod installation before the lighting install would require traversing the newly sod field. Ms. Hanson related the need for a lighting upgrade. Mr. Petsos pointed out that the in -field upgrade would come before the out -field upgrade and the vehicles would remain on the outfield. Mr. Cantos recommended sod approval and allow it to establish before the lighting installation. He mentioned that most of the lights are not in the playing area and would not incur much damage. Mr. Petsos noted that for $500 Chem -Sery would apply and monitor the grass. Nis. Hanson replied that the grass installation would require an aggressive maintenance effort. Mr. Petsos asked if there were an employee who maintained the field everyday. Ed Gardulski, Public Works Director, replied that maintenance is performed half -day at the field and half -day on the beach. Mr. Petsos expressed his favor with the upgrade and continued ball field maintenance. City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 5 of 14 Mayor Randels clarified that the funds would need appropriation. Mr. Boucher informed that funds were available for the lighting under option Two and the in -field and he would seek funds for the outfield. Mayor Pro Tern Hoog questioned which options would be installed. He expressed that option Three over option Two required four 70-foot poles with fixtures. Ms. Hanson responded that more maintenance was required to the 15 watts on the 70-foot poles. Mayor Pro Tern Hoog stated his preference to install the lighting and he also pointed out that the labor costs were low. Ms. Hanson noted that waiting would leave the project until October of another budget year. Ms. Hanson replied to Mr. Nicholas that the project could be performed and maintained in an aggressive manner in order to establish the grass. Ms. Roberts expressed that the community needs a quality field. She recommended that the -Council consider the project sooner instead of later. Ms. Roberts also referred to Ms. Hanson's note from Tom Lotheridge regarding the basketball court. Ms. Hanson informed that the Recreation Coordinator started a three -on -three basketball league. She noted to Mr. Lotheridge that the lighting could be installed during another electrical project for cost effectiveness. Mayor Randels questioned the Little League President on the rolled Bermuda grass on the outfield due to its high maintenance. Mr. DiNato informed that all other fields are played on rolled Bermuda grass in the outfield. Mayor Randels summarized that option Two was under consideration for all new standards, 50130 lighting and 18 new fixtures at a cost of $13,800. Secondly, Council would consider a sod re -work in the next Budget year. Mayor Pro Tern Hoog cautioned that the field would not be ready in two months. Ms. Hanson informed that the City's Maintenance Supervisor expressed confidence in the sod installation company. Mayor Pro Tern Haag pointed out that Chem Sery would perform the installation but would not guarantee it. Mr. Petsos clarified that the firm would install the grass and then oversee the maintenance. He would support using the Chem -Sery company. Mayor Pro Tern Hoog stated that he would support the refurbishment but not at a major cost. Mr. Petsos expressed his support with improving the in -field and requested to have Chem -Sery to guarantee that the field would be ready for the season. Mayor Pro Tern Hoog questioned completion of lighting installation in light of the sod installation. Mayor Randels pointed out option Two required revamping all of the existing lights and adding two additional ones. Mr. Petsos questioned the priority. Mr. Cantos stated that the in- -field was the number one priority. Mr. DiNato related how he mowed the grass in- field and noted the field as a maintenance concern. Mr. Cantos stated his preference of the in -field grass first and then the outfield lights. Mayor Pro Tem Hoog stated that the expense was approximately $60,000 and was not an appropriated fund. Mr. Nicholas expressed his favor with the Recreation Director's point of allocating the funds now and not waiting until the next fiscal year and risk coming into the next growing season. Mr. Boucher stated that after the season, funding could be found to replace the sod in the outfield. He stated that this would provide the Public Works Department time to address City of cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 6 of 14 what maintenance on the outfield. Mayor Randels reviewed the priority order as: the in- field grass and the outfield lights and then the in -field lights and the outfield grass. Ms. Roberts asked the council to consider the basketball light for $1,781 in order not to require future contractor equipment mobilization. Mr. Boucher expressed his agreement with Ms. Roberts if cost could be contained under $5,000. Ms. Hanson replied to the City Manager that she would seek a cost quote. On a final note, Mr. Petsos asked if the Streets Maintenance could devote a longer portion of the day to the Little League field during the winter months. Mr. Gardulski affirmed that it would be done. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Little League Field Improvements under option 2. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For., ORDIN ANCES: First Public Hearin 5. Motion to Approve: Ordinance No. 22 -2006; at First Reading Mayor Randels read Ordinance No. 22 -2006 by title. An Ordinance of the City of Cape Canaveral, Florida, Amending chapter 110', Zoning, of the Code of ordinances; Amending the R -1, R -2, and R -3 Zoning Districts to Make Public Recreational Areas and Facilities Principle Uses; Repealing those Subsections in the R -1, R -2 and R -3 Zoning Districts Which Provide that Public Recreational Areas and Facilities May be Permitted by Special Exception; Amending the R -1, R'2, R -3, C -1, IAA -1 and C -2 Zoning Districts to Make Public Utility Equipment, Uses and Rights -Of -Way Principle uses when Such Uses are Essential to the Neighborhood in which they are Located; Repealing those Subsections in the R -1, R -2 R -3, C -1, M -1 and C -2 Zoning Districts which Provide that Public Utility Equipment, Uses and Rights -of -Way May be Permitted by Special Exception; Providing for Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the code; Severability; and an Effective Date. Todd Peetz, city Planner, noted that three items were the result of the p revious code Review meetings. He explained that the Wastewater Treatment Plant for an upgrade and City parks were not addressed under Special Exceptions. There was a burden to staff for this to remain in the code. Mayor Randels related from the Buildin g Official's rationale, that in all zoning districts the City code currently allows essential Public utility equipment, uses and rights -of -way only by Special Exception." Mr. Nicholas stated that the residents might not desire a park in a specific area. He replied to Mayor Pro Tem Hoog that the process could occur by Administrative decision. He questioned the definition of a Public Utility. Mr. Petsos expressed concern with moving a Lift Station and desired to know the mechanism to address the p rocess. Mr. Peetz explained that these were city owned and managed facilities. He stated that a 9 Lift Station was relative to a development. Mr. Nicholas pointed out that Florida Power and Light [FPL] would then be enabled to install a sub -- station in an y zoning. . Mr. Peetz City of cape Canaveral, Florida City council Regular Meeting December 19, 2006 Page 7 of 14 explained that anyone who desired a Special Exception submitted for modification would require a Special Exception hearing. Mr. Nicholas stated that he had no problem with FPL applying for a Special Exception. Mr. Peetz noted that the hearing process also applied to Special Exceptions for City. Ms. Roberts asked how is it determined if it would serve the neighborhood if it were removed from the Special Exception listing. Mr. Peetz replied that in terms of a Lift Station serving the neighborhood, it was definitely necessary for public health and safety and there are concurrency requirement for Parks and Recreation and applied mechanisms to establish if it needed or an improvement was needed. Mr. Nicholas stated that eliminating these items from the Special Exception requirement to remove the community from involvement, unless the Council included their involvement. Todd Morley, Building Official, pointed out the contradiction in the language, "essential public service utilities located to serve the district that they are in shall be approved by Special Exception." He proposed that expenditures approved by the Council make them essential. Mr. Nicholas stated that he did not desire to provide any utility carte blanche. Mr. Morley related that the proposed Public Works utility building required a Special Exception. Mayor Pro Tern Hoog referred to the city's difficulty with Southern Bell removing its utility poles and then proceeded to an essential installation to serve the Washington Avenue area. He too did not want to provide utilities carte blanche. Mr. Morley recommended a narrower definition of those required by the city. Mayor Pro Tern Hoog expressed the need for public input to establish a park. Mr. Morley questioned continuing the need for a Special Exception to make modifications. Mr. Peetz explained how any modifications to an original use for Special Exceptions P returned to the Planning and Zoning Board and the Board of Adjustment for review. He stated the desire to not require a Special Exception for the Wastewater Treatment Plant or a city park. He confirmed that a Policy definition stating that an existing City park or a Wastewater Treatment plant does not need a Special Exception for maintenance or upgrades. Council expressed concern with lack of public input. Mr. Morley clarified that if the requirement remained, it would mean an additional process in order to install a new Lift Station or establish a new park. Ms. Roberts asked if other municipalities had these sorts of Special Exception reviews. The Building Official would seek an answer. Mr. Boucher stated that public utility equipment a ui ment included Lift Stations and pipes, not storage facilities, those things in the wa ri ht -of - and serves right-of-way the public. Mr. Boucher pointed out the controversy when the City was approached to in pp create a walk -to park In a residential neighborhood. Bea McNeely, Planning and Zoning Board Chairperson, replied to Ms. Roberts that the Board's discussion brought out that eliminating these special exceptions might simplify things. Mr. Peetz concluded that the Council provided the direction needed from which the Board could move forward. Item No. 5 failed for Lack of a Motion 6. Motion to Adopt: Ordinance No. 23 -2006, at First Reading. 9 City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2008 Page 8 of 14 Mayor Randels read ordinance No. 23 -2006 by title. An ordinance of the City of Cape Canaveral, Florida; Amending Chapter 110, Zoning, of the Cape Canaveral Code of ordinances, Providing that Establishments which Require a Special Exception to Serve Alcoholic Beverages May not be Permitted to Locate within Three Hundred (300) Feet of the Shoreline of the Banana River or of the Atlantic Coast; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, Mayor Randels explained that the expressed potential of the Johnson Controls property on the Banana River in the C -2 zoning becoming a restaurant able to serve alcoholic beverages. Mr. Peetz affirmed and pointed out where the 300 feet reference point to the east of the river pertained to property line. Mayor Pro Tern Hoog asked if this pertained to structure or property line. Mr. Peetz replied that the ordinance states property line. Mr. Nicholas questioned if shoreline were an adequate measurement since a shoreline changes. Mayor Randels stated that such property is measured in that way and not in metes and bounds. Mr. Petsos stated that the property line in the ocean extends to the mean light water line. Mr. Nicholas noted some cases on the river side the shoreline is eroded to the point where the property line extends beyond the shore. Mayor Randels noted the homes on Manatee Bay Drive with riparian rights as an example. Mayor Randels clarified that the property line on the Banana River does not change regardless of the water; however, it does change on the ocean relative to the mean high tide. He stated that using property line would be more firm than a water line. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 23 -2006 at First Reading. The vote on the motion carried 5-0 with noting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and !Ills. Roberts, For. 6. Motion to Adopt: ordinance No. 24 -2006, at First Reading. Mayor Randels read ordinance No. 24 -2006 by title. An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 'I10, Zoning of the cape Canaveral code of ordinances; Repealing the Phrase "Hotels and Motels" from Section 11 0- 336 (1)a to Make Section 110 -336 Consistent with other Provisions of the City Code Regarding Hotels and Motels; Providing for the Repeal of Prior Inconsistent ordinances and Resolutions; Incorporations into the Code; Severability; and an Effective Date. Mayor Randels clarified the intent of the ordinance to remove the existing 12,000 square foot requirement for hotels and motels. Mr. Peetz affirmed this ordinance would repeal an City of Cape Canaveral, Florida City council Regular Meeting December 19, 2006 Page 9 of 14 inconsistency that requires at a minimum 12,000 square feet for 150 units, whereas other portions of the code read five acres. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 24 -2006 at First Reading. The vote on the motion carried - 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For, REPORTS: I. City Manager ■ Mr. Boucher asked if there were any interest in canceling City council meeting on January 2, 2007. All Council would be present. • Mr. Boucher announced a Joint Workshop Meeting for City council and the Planning and Zoning Board on the Vacation Rental Issue on January I I y 2007. He questioned if the council desired to discuss the zoning input as well as the Performance Standards. Mayor Randels noted that there would not be time for public input. #Ills. Roberts brought out that additional data was anticipated. The meeting was scheduled at 5:30 P.M. ■ Mr. Boucher distributed research from the Building Official on the Vacation Rental issue. In 1988, the definition for Vacation Rental use was established. Mayor Randels clarified that the purpose was to specifically prohibit daily rentals of less than 7 days in all residential zones. • Mr. Boucher related on a joint meeting with the City of cocoa Beach and a representative from the Fish and Wildlife Commission. He was provided information on the `Share the Beach" program discussion. Mr. Petsos noted that litter removal was imperative all year long and related that the representative gave a subjective presentation and did not provide specific case law. Mr. Boucher inquired if the Council were interested in exploring a beach cleaning device. Mr. Petsos desired to have Cocoa Beach work with Cape Canaveral to seek an exemption through Representative Weldon's office to keep the beaches clean. Ms. Roberts mentioned the concern from some of the community that the beach cleaning machines might clear away the natural seaweed that is a value to the Cape Canaveral beach and that the equipment would be used in a limited fashion. • Mr. Boucher related that the Cocoa Beach City Manager had a prototype of a dual stainless steel trash container that would hold two, 25- gallon containers on each side. He expressed disfavor with the container use stating that it did not blend in with the beach aesthetic. Mr. Gardulski replied to Mayor Randels that a Streets- - Maintenance Worker cleans the beach three times per week. • Mr. Boucher distributed information on a proposed office complex in the City that requested to exceed the City's 45 -feet height limitation. The request was for a six - to -seven story building. Mayor Randels explained that the parcel was land - locked City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 10 of 14 with only an access from the Port with the Port's agreement. He described the developer's intent to include a five -story parking garage in the center using all of the four -acre lot for 139,000 feet of office space. He has built several projects in the Fort Lauderdale/ Sunrise area. Mr. Boucher replied to Ms. Roberts that the developer requested six stories for one office complex and seven in the other on either side of the parking garage. Mr. Petsos responded for the Council to honor the 45 -foot height limitation requirement that the citizens voted on. Mr. Boucher stated for the record that the former City Clerk, Jan Lesser, noted research from 1985 that said, "research shows that the 1973Initiative Petition Referendum establishing the density at 15-units per acres and the height limitation of 45 -feet along with other measures was thrown out by Judge Johnson because he ruled at the time that changes in zoning could not be done by Initiative Petition. It stated further, "subsequent to the election but prior to the Court ruling City Council adopted all measures set forth in the referendum by ordinance. Consequently, changes to the zoning can be made by ordinance and do not need to be done by referendum. However, it is now legal to do so by referendum." Ms. Roberts mentioned the location as the entrance way into the City and expressed it as an associated concern if that were what the residents desired to see. She also pointed out that the Port extended its building story height and this was relative to the imminent skyline. Mr. Boucher expressed his purpose to seek the Council's viewpoint on such a major project. He noted that height was not clarified in the charter. Mr. Petsos pointed out that the referendum on the height limitation was voted on by the people. Ms. Roberts sought if there were any interest in a presentation. Mr. Gardulski noted that the company needed to resolve their utilities for the property in that it lacked sewage. • Mr. Boucher wished everyone a Merry Christmas and Happy New Year. 2. staff Public Works Director * Mr. Gardulski reported that heavy metal testing was the only amendment to the Florida Department of Environmental Protection Draft Permit. He stated that the City is progressing toward compliance. • Mr. Gardulski stated that the quarterly report would provide pertinent information. Building official • Mr. Morley reported on the status of the re -roof work. The work would begin Decem th ber 25 and January 9 th . The company was having difficulty finding g matching corrugated metal roof decking which could delay progress. ■ Mr. Morley reported that the air - conditioning quote arrived at under $3,000. ■ Mr. Morley informed that he received complaints on the audio system. He met with Island Audio and recommendations were forthcoming for Council's review. Recreation Director City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 11 of 14 • Ms. Hanson reported that she received the commencement approval for the Florida Department of Recreation Program grant for Canaveral City Park and also mailed the documents to close the [FRDAP] grant on the Banana River Park. City Clerk • No report. City Attorney • No report. AUDIENCE To BE HEARD: • Ms. Rhonda Anderson of 8000 Ridgewood Avenue addressed the issue of garage sales held only in residential areas. Ms. Anderson related that she was relocated during Hurricane Frances. She acknowledged that some storage units were in fact operating as businesses; however, she asked if the code could be re- worded or amended that would not prevent her from conducting a garage sale from her storage unit. She was seeking to eliminate items from the storage unit that she no longer needed. Attorney Garganese informed of two code provisions that would apply: 110 -407 -- regulating Garage Sales from residential premises that only applied to a residence, and mini- storages units were addressed in the Code for the M -1 zoning district that was limited to storage only. The use was limited to storage 9 and may not be combined with any other use. A resident questioned what would happen if a person needs to clean their storage unit and noted that this would occur once maybe twice per year. Attorney Garganese stated that this storage unit is in the C -1 zoning district which does not address mini - warehouses. He suggested issuance of a one -time permit to allow this Garage Sale for a limited period of time and the Council could return to address the issue in the Code for the C -1 zoning district. This was a policy decision for the council. The minutes would reflect the Council's decision for Ms. Anderson was provided a conditional use for a Garage Sale and she would comply with the same provisions for Gara e Sales in city code Section 110-467. • Mr. John Johanson pointed out after reading the ordinance for sidewalk installation, that charging for sidewalk assessment may uncover funds for the Little League field. Mr. Nicholas clarified that the ordinance referred to vacant lots. • A resident suggested sponsorship banners as a Little League a fundraising effort. Mayor Randels noted that the Merritt Island tax district provides Recreational funding for their Little League field. 3. City Council Ms. Roberts • Ms. Roberts requested an architectural rendering of North Atlantic Avenue similar to that of Ridgewood Avenue. Mr. Boucher replied that Dyer, Riddle Mills and Precourt were performing such a rendering for the County inclusive of central City of cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 12 of 14 to George King Blvd. Mr. Boucher explained that North Atlantic Avenue, unlike Ridgewood Avenue, did not have the infrastructure such as drainage and stormwater and without these a rendering was not feasible. Ms. Roberts expressed the frustrations of the residents in the North Atlantic Avenue community and they understood that the North Atlantic Avenue project was well underway before the Ridgewood Avenue project. Mr. Nicholas explained that what was proposed for North Atlantic Avenue was strictly traffic control. Mr. Boucher explained that the County was working on the middle turn lane design and the related stormwater issues. If three traffic lanes were required, how it would be designed and following that any beautification for the remaining right -of -way. Ms. Roberts asked for an update on the county's progress at the next meeting. She expressed that there was a beautification opportunity for the North Atlantic Avenue area. Mr. Boucher reported on $490,000 of collected Impact Fees but no reply on what fundin g was allotted to the North Atlantic turn lane project. Ms. Roberts expressed that the North Atlantic Avenue community would like to see a timeline of progress for planning g P g purposes. • Ms. Roberts reported on a lighting issue on North Atlantic in the Shorewood Drive and Port Side area. Mr. Gardulski related that the message has been forwarded. Mr. Boucher informed that as part of the County's evaluation of that right -of -way he was seeking to bury the utility poles on the west side of the street. ■ Ms. Roberts also asked for the rendering on the City overnment complex. g p Mr. Boucher replied that the architects met with staff and the were working g on a Preliminary Report for January. Ms. Roberts also asked for a timeline on the next Goals and Action session. Mr. Boucher replied that Goals and Action updates were erformed in the April/ P P May timeframe. He explained that the Goals and Action session ion was a prelude to P the Budget. Ms. Roberts suggested a 2010 visionary plannin session in order to plan forward beyond the immediate year to proactively address such concern as the vacation rentals issue. Attorney Garganese informed that this was the y ear of the Evaluation and Appraisal Report cycle. She related her perception in speaking P 9 with the residents who attended the first public comment meeting on the Comprehensive Plan that they would like to see more structure in terms of facilitated sessions around the five areas. She expressed that the five categories i g may be so structured n those categories, that the broader issues for the City may be missed. • Ms. Roberts reported that at the shuttle launch she spoke with Mr. John Helsema Chief of Governmental Relations at Kennedy Space center and he expressed' P an interest for him and Bill Parsons, the new center Director, to address the Council. Mr. Nicholas • Mr. Nicholas questioned the status of a manatee statute for or R Portugal. Mayor y andels related on the proposed cost of M r. Boucher affirmed that there were some private donations; he would inquire how much was contributed. Mr. Nicholas noted that funds were available from the ram. Recycle Program. g City of Cape Canaveral, Florida City Council Regular Meeting December 19, 2006 Page 13 of 14 ■ He wished everyone a Happy Holiday season. Mr. Petsos • Mr. Petsos asked about the status of the Ron Jon's project. Mr. Boucher would continue to watch the legislative trend. Mr. Petsos clarified that the City was not against the project but was concerned with the possibility of increased height. He suggested that the Chairman of the Port address the Council. ■ Mr. Petsos inquired about the grass on the soccer field. Ms. Hanson reported that the landscape is progressing. ■ Mr. Petsos related that some residents expressed concern that Law Enforcement waited three months to conclude the drug bust. He requested for Commander Scragg to attend the next City Council Meeting and provide the Department's vision for the upcoming year. Mr. Petsos expressed his desire to see more interaction in the community. + Mr. Petsos asked if Mr. Boucher had met with the new County Commissioner Chuck Nelson. Mayor Randels reported that he met with him on three items; however, he had not addressed Mr. Petsos' accountability concerns. • Mr. Petsos wished everyone a very Merry Christmas and a Happy New Year. Mayor Pro Tom Hoog ■ Mayor Pro Tern expressed thanks for the lighting installed at international Drive. ■ Mayor Pro Tern Hoog was asked to report spillover lighting into Discovery Bay from the Wastewater Treatment Plant. • Mayor Pro Tern Hoog referred to his concern with the need for a curfew and reported on vandalized holiday decorations on Central Blvd. and his street of Jefferson Avenue. He requested further discussion and to know the number of violations that occurred were curfew related. • Mayor Pro Tern Hoog requested to continue with the Code Review workshops. • Mayor Pro Tern Hoog commended the city's holiday landscaping. However, on Canaveral Beach Blvd. the water was turned off and the plants were dying. • A resident at 110 Jefferson noted that she had videotape on one of the vandalism incidents. The City Manager would investigate. Mayor Randels • Mayor Randels thanked the Recreation Department for a successful tree lighting event on December 17th. Mayor Randels also thanked the Recreation Department for their help with the Reindeer Run that had [421] participating runners this year. • Mayor Randels reported that he met with Commissioner Nelson to discuss how much was available in Impact Fees for the Ridgewood Avenue to tie in with Cocoa Beach through the County area. Mr. Nelson made a conference call to Mr. John Dennenhoff at the Florida Department of Transportation for continued discussion to the issue. • Mayor Randels announced that Susan Cossey of the Port retired. { City of Cape Canaveral, Florida City Council Regular Meeting December 19,2006 Page 14 of 14 • Mayor Randels reported that the Port moved to its new quarters. • Mayor Randels reported that he attended a work program with the State that he shared with the City Manager and reported that the City's Central Avenue and North Atlantic Avenue projects were on schedule as well as the North Atlantic Avenue area north of there. The Mayor related the intent to keep the State Road AlA project progressing since the funds are being reallocated to State Road 1-95 in the district. Concessions were made to provide police patrol to keep the project going. • Mayor Randels reported that Mayor Mike Blake of the City of Cocoa will be installed as the new Space Coast League of Cities President and he would like for the City to comprise a list of its three top priorities. • Mayor Randels asked if the Council knew of any former City Council members who were interested in forming a legislative body to work with the Florida League of Cities. • Mayor Randels related to the Space Coast signage committee that the City does not want any more signs. • Mayor Randels announced that the Florida Department of Transportation agreed to transfer the Welcome Station on State Road 1-95 in the north to Volusia County and was seeking to transfer the one in the south end of the County. • Mayor Randels asked the City Manager to find out who is the new contact person from the Hometown News. • Mayor Randels related that he received a call from Tallahassee and the City was acknowledged for its participation in the Citizens for Elder Affairs program and the Mayor was able to make a presentation related to Files of Life that was chosen as the Number One project. ADJOURNMENT: C?, 0 twu\G-AowSle(24e_ Rocky Randels, MAYOR Susan, tips, MC, CITY CLERK 1