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HomeMy WebLinkAboutMinutes 10-19-2010 RegularCITY COUNCIL REGULAR MEETING LIBRARY MEETING ROOM 201 POLK AVENUE, CAPE CANAVERAL, FLORIDA TUESDAY October 19, 2010 7:00 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 7:02 P.M. ROLL CALL- Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present City Manager David L. Greene City Attorney Anthony Garganese Parks and Recreation Director Robert Lefever Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Assistant Fire Chief John Cunningham Brevard County Sheriff Commander. Alan Moros City Clerk Angela Apperson PROCLAMATION: Proclamation desianatina the week of October 17 - 23. 2010 as Florida Citv Government Week Mayor Randels read the Proclamation into the record and explained the activities of the Cape View Elementary Students. Council Member Roberts thanked the City Employees for the services they provide and urged for reinstitution of the Mock Council meetings. Mayor Randels explained the activities are chosen by the students. Proclamation designating the week of October 30 — November 6, 2010 as Week of the Family in Brevard Mayor Randels read the proclamation into the record and noted the proclamation will be forwarded to the requestor. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 2 of 7 PRESENTATION: Port Canaveral Marketing and Community Outreach — Senior Director of Communications and Community Affairs Rosalind Harvey Ms. Roberts introduced Ms. Harvey and read a statement about her which was written by Port CEO Mr. Payne. Ms. Harvey explained the Port's community relations initiatives, which have included: Reverse Trade Shows; Web - Based Curriculum for students and teacher training to use the curriculum; class room and field experiences for students; The State of the Port briefing; the work to develop the Cove Marketplace; the "Sail- a- Bration" events; the Pink Ribbon Walk; Simpson Park Festival; Seminars for the community; publications, some of which are in print and others are electronic and include Transporter Canaveral; the Port Beacon; and the Community RePort; Social Media such as Facebook and Twitter; revisions to their website to offer the content in Spanish; and Webcasting the Port meetings. PRESENTATION AND CONSIDERATION: Dog Park — Robert LeFever Mr. Lefever reviewed his presentation. The consideration of the request for conceptual approval included: whether the construction materials would be "Green "; whether there would be an opportunity for a demonstration project for the animal waste; the maintenance cost of the facility; whether Waste Pro has been consulted about the collection of waste at the facility; that the Park is called "Manatee Sanctuary Park" and residents of the Bayside community are plagued by the sounds from the park echoes off their buildings and; this may not be the best location for the dog park whether or not this is the number one thing the residents wanted in the Envision Cape Canaveral Report; that the Paint and Plant Program is also important; that pet owners who go to Lori Wilson Park are very responsible and clean up after their pets; a commitment from Cape Canaveral Construction for no cost assistance with the construction; a statement prepared by Mr. Dave Schirtzinger explaining his reasons for supporting the dog park and the commitments of the "Friends of Laika Dog Park" as well as a letter he received from the Resident's Inn, Marriott in support of the dog park; the desire of Council for more information, to include the hours of operation and the need for a workshop with notice to neighbors; the use of money from the 2010/11 Budget rather than reserves; a suggestion for the City to provide a different location and for others to raise the money for implementation of the park; the high costs of engineering tasks and clarification of costs of implementation; the need to have any money from the "Friends of Laika" escrowed or bonded before any construction and the need to study whether Banana River Park should be used for the Dog Park. A consensus was reached to support a Dog Park Concept, and have the Parks and Recreation Director provide more information before moving forward any further. REPORTS: Business & Cultural Development Board Ms. Apperson provided an update on the Local Focus Program, which focused on Marketing your Business through Social Media, and asked for ideas for the next quarter's program. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 3 of 7 City Attorney Mr. Garganese noted the City is still waiting for two Harbor Heights easements. Discussion ensued and included the need to meet any of the property owner's demands and obtain these easements to get this project underway; why it has taken so long to obtain these easements and the need to get this stormwater project underway. AUDIENCE TO BE HEARD: Jim Burton, VFW Commander, presented the City with a donation of 20 United States Flags to be flown along A1A. Mayor Randels expressed the City's appreciation of the VFW and their donation. CONSENT AGENDA Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No requests were received. 1. Approve Regular City Council Meeting Minutes of October 6, 2009, November 17, 2009, December 1, 2009 and October 5, 2010. 2. Approve a Special Alcohol Exemption Permit for Karen Faulkenberry for a Family Reunion at Manatee Sanctuary Park on November 13, 2010. 3. Approve Resolution No. 2010 -21; Florida, Authorizing the Inclusion of The City of Cape Canaveral in the 2010 Update of The Brevard Prepares Local Mitigation Strategy Plan; Providing For An Effective Date. 4. Approve Resolution No. 2010 -29; Reappointing a Regular Board Member to the Beautification Board, Bradley J.P. Varuska "BJ ". 5. Approve Resolution No. 2010 -30; Appointing an Alternate Board Member to the Library Board, Dr. Tim Grady. 6. Approve Local Agency Program (LAP) Supplemental Agreement No. 1 for Additional Funds in the Amount of $249,174.00 for the Ridgewood Avenue Improvements Project. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve all six of the Consent Agenda Items. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 4 of 7 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No.08 -2010, Adoptinq Amendments to the Cape Canaveral Comprehensive Plan Based on the Evaluation and Appraisal Report ("EAR"); Providing for the Repeal of Inconsistent Ordinances and Resolutions, Incorporation in the Comprehensive Plan, Legal Status of the Comprehensive Plan Amendments; Severability, and an Effective Date Attorney Garganese read the title of the Ordinance into the record. He explained the items required by State Law related to the review of the Comprehensive Plan, the need for an Evaluation and Appraisal Report and the receipt of the Objections, Recommendations and Comments report from the Department of Community Affairs (DCA) on October 4, 2010. He noted anyone interested in being notified of further comments from the State is welcome to provide their contact information and the comments will be forwarded to them. Mr. Brown reviewed the handout, which summarized the Objections, DCA's Recommendations, the City's Responses and the Changes being made to the plan. Mr. Brown answered questions. Consensus was reached to change the narrative for Objection # 1 to reflect 2020 rather than 2010; and to change PW3.1 to reflect at a minimum every five years. A motion was made by Mr. Petsos, seconded by Ms. Walsh, for approval of Ordinance 8 -2010. The public hearing was opened. No comments were received and the public hearing was closed. A brief discussion included when the Ordinance would be finalized, the review time of DCA is 30 to 60 days; what happens if DCA does not find the City in compliance and whether we are still prohibited from making any other Comprehensive Plan Amendments. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 8. Motion to Adopt: 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 Attorney Garganese read the title of the Ordinance into the record and reviewed the proposed changes. Mayor Randels opened the public hearing no comments were received and the public hearing was closed. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to adopt the Ordinance. The motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 9. Motion to Adopt: 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 Attorney Garganese read the title of the Ordinance into the record and reviewed the proposed changes. A motion was made by Mr. Hoog, seconded by Ms. Walsh, to approve the Ordinance. The public hearing was opened. No comments were received and the public hearing was closed. The motion carried 5 -0 with voting as follows: Mr. Hoog, City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 5 of 7 For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTIONS: 10. 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 modifications since the last meeting. Ms. Roberts asked if this takes care of any duplication of fees. Mr. Greene responded in the affirmative. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve the Resolution. 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. 11. Approve the second amendment to the Binding Development Agreement and Motion to Approve: Resolution No. 2010 -31, providing for the division of a tract of land owned by Martin Marietta Materials, Inc., Generally located on Challenger Road in Cape Canaveral, Florida and legally described herein, two (2) lots of record; providing for the repeal of prior inconsistent Resolutions; Severability; and an Effective Date Attorney Garganese read the title of the Resolution into the record and explained the two portions of this request. Mr. Donny May responded to questions asked. A motion was made by Ms. Roberts, seconded by Mr. Hoog, that we approve this as written. 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. ORDINANCE: First Public Hearing: 12. Motion to Approve: Ordinance No. 15 -2010, adoptinq the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2009, and ending September 30, 2010; providing for an Effective Date Attorney Garganese read the title of the Ordinance into the record. City Treasurer Bowers indicated there were few adjustments in the fourth quarter. The Ordinance incorporates all items previously approved by the City Council and formally amends the budget. City Manager Greene indicated over all, the City finished the year in good shape. A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Ordinance No. 15 -2010. 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. 13. Motion to Approve: Ordinance No. 16 -1010, amending Chapter 74, Traffic and Vehicles, of the Cape Canaveral Code of Ordinances to expressly prohibit the stopping, standing or parking of vehicle on any portion of a right -of -way, whether improved or unimproved; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an Effective Date Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 6 of 7 read the title of the Ordinance into the record and reviewed the Ordinance and the non - conforming areas which are being exempted. Discussion ensued and included the need for public education; patience during the implementation of the Ordinance; the need to provide assistance to the Cape Canaveral Precinct to determine where the right -of -way is located in all parts of the City; the need for Staff to work out the details of implementation, should the Ordinance be adopted; that the majority of the problems would be along Ridgewood Avenue; individuals walking in the roadway rather than using the pedestrian facilities; the State Law requirement for vehicles to be 3 ft from the bicycle they are passing; if there is a law that requires people to use the bike path if there is one present; the narrow streets acting as traffic calming features; and the use of the word "standing ". The public hearing was opened. Mr. Leo Nicholas expressed his feelings the Ordinance prohibits buses from stopping in the right -of -way. Attorney Garganese explained the Ordinance has an exception which allows for stopping to comply with the law, directions of a Police Officer or official traffic device. He explained official traffic device includes a stop sign; a stop light, as well as a designated bus stop. The public hearing was closed. A motion was made by Mr. Randels, seconded by Mr. Petsos, for approval of Ordinance 16 -2010. The discussion of the Ordinance continued and included whether signage would be installed, the implementation strategy; once the Ridgewood Project is completed most people would use the pedestrian facility if it was not blocked by vehicles; what owners on the presidential streets would do since there isn't room to park on the property; whether parking in the street was allowed; The signage in Harbor Heights indicates there is not to be parking in the street; and how service oriented parking issues would be handled. 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: 14. Discussion of City Code Section 110 -486 — Resort Dwellings, Resort Condominiums; Non - Conforming Use Status, and Expiration: Building Official Morley reviewed the history of the item and noted the Certificates of Non - Conforming Status issued to date. Discussion ensued and included the correspondence received from Andrea Marine requesting the application period be re- opened; the memo from the City Attorney's Office expressing concern over re- opening the application period; as it may invalidate the findings of the implementation Ordinance; the work the Business and Cultural Development Board is doing to bring full time residents to the City; that it is lawful to rent your property for 30 days or greater, as well as to rent your property as a Resort Rental for up to three times in one calendar year without having to obtain a license from the City or the State; the number of certificates which have expired and that some applicants never received a Certificate of Non - Conforming Status because they didn't complete all required items; the long standing law which prohibits renting for less than 7 days; the 2007 Ordinance to regulate these activities, which gave a submittal period to be officially recognized to be a resort rental; the requirements that must be met to continue to have a license; an internet search which produced 54 advertisements for resort rentals within the City, and most of them do not list the City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 7 of 7 address, which makes enforcement very difficult; whether the City reports individuals suspecting of violating the State Law to the Department of Business and Professional Regulation, so they can also investigate; that the State will issue a resort rental license without regard to a local ordinance; and that some view a short term rental property as being maintained better than a long term rental property. A motion was made by Mr. Hoog, seconded by Ms. Roberts, to extend the meeting 15 minutes. 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. The discussion continued and included: a request from Mr. Hoog for data from the Canaveral Precinct as to any disturbance calls for any property operating a resort rental legally; a requirement in many condominium declarations that rentals must be for 30 days or longer; quality of life issues for the long term residents needs to be considered for those who live next to any transient rentals; changing the residential character of the City; and that reputable property owners who have resort rentals do not have problems. No action was taken, nor any consensus reached. 15. Discussion of City Code Chapter 54, Article I (Parks and Recreation) to enable Beach Vending Franchises Mayor Randels reviewed the actions that lead to this item. Discussion ensued and included: the support of most Council Members for the current activities, which are very limited; a suggestion by City Manager Greene to revise the Ordinance to limit beach vending to the food /beverage category, with two potential franchises and all details would get worked out as a part of the bidding process and the granting of the franchise; the need for a workshop and additional public input; prior input from the residents indicating they are not in favor of this activity, as well as the convenience store owners who are also opposed to this activity. Consensus was reached for Staff to amend the Ordinance to allow beach vending in the food /beverage category only with two franchises for mobile vending and return it to the Council for further discussion. REPORTS: 16. Council: Due to the lateness of the hour, no reports were given. ADJOURNMENT:There being no further business, the Meeting adjourned at 10:18 P.M. Rocky Randels , MAYOR Angela M. Apperson, CMC, City Clerk SEAL of Cape Canaveral, Florida