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HomeMy WebLinkAboutMinutes 11-04-2010 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida THURSDAY November 4, 2010 5:30 PM MINUTES CALL TO ORDER The Chair called the Meeting to Order at 5:31 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Others Present Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh 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 Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Treasurer Andrea Bowers City Clerk Angela Apperson RESOLUTION: Motion to Adopt: Resolution No. 2010 -32: Certifvina the results of the General Election of November 2, 2010; providing for an effective date: Attorney Garganese read the title of the Resolution into the record. City Clerk Apperson read the unofficial results into the record and asked the Resolution be amended to include them. She noted the official results would not be received until after November 12th. A motion was made by Ms. Roberts, seconded by Ms. Walsh, to approve the Resolution as amended. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 2 of 6 PRESENTATION: Deputy of the Month for September 2010 — Commander Alan Moros Commander Moros explained the reasons Deputy Kent Guttebo was selected as September's Deputy of the Month and presented him with a plaque of recognition. Commander Moros presented the information related to Resort Dwellings, which was previously requested by Council Member Hoog, and provided a status report on the renovation to the City Hall Annex. REPORTS: City Attorney Garganese provided an update related to the Royal Mansion litigation. He indicated the expert's report is complete and has been sent to the Plaintiffs as a proposed settlement. He provided an update regarding the Harbor Heights Easements; noting the Attorney representing the property owners has indicated his clients are not responding. Attorney Garganese indicated the revised Beach Vending Ordinance is scheduled for the November 16th meeting. He noted the passage of the New City Charter and indicated the City Clerk has been advised as to the appropriate actions. City Clerk Apperson indicated the New City Charter has been sent to Elected Officials and City Staff. It will be sent to Secretary of State when official election results are received. AUDIENCE TO BE HEARD: • Ms. Gay Clark urged for individuals to speak into the microphones, so the audience members can hear them. • Mr. Ron Friedman noted an e-mail he sent to the Elected Officials objecting to the proposed dog park at Manatee Sanctuary Park. He also stated many residents also object because a dog barking at the park will get the dogs of the residents barking at their complex (Bayside Condominiums). CONSENT AGENDA Mayor Randels read the items on the Consent Agenda. He noted a correction to the minutes of the September 23, 2010 Special Meeting to show Mr. Petsos as absent. 1. Approve Regular City Council Meeting Minutes of January 5, 2010 and October 19, 2010. Approve Special City Council Meeting Minutes of September 23, 2010: 2. Approve Resolution No. 2010 -28; Supporting, the Let's Move Cities & Towns Campaign: City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 3 of 6 3. Approve non - resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non - resident rates for court usage were approved by the Recreation Board at its May 25, 2010 meeting: 4. Change Order #3: Approve Funds in the Amount of $59,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium and Approve Funds to Stottler Stagg & Associates (SSA) in the Amount of $1,699.00 to Prepare Engineering /Construction Drawings: 5. Ratify City Manager Performance Evaluation A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Consent Agenda. 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. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 15 -2010, adopting 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. Mayor Randels explained the Ordinance updates the final changes to the Prior Fiscal Year Budget. A motion was made by Mr. Petsos, seconded by Mr. Hoog, for approval at second reading. The public hearing was opened. No comments were made and the public hearing was closed. 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. 7. Motion to Adopt: 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 vehicles 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 read the title of the Ordinance into the record. He explained its intent and the areas that are exempt from it. The public hearing and discussion ensued and included whether the Ordinance applies to service vehicles that are visiting to complete some type of maintenance at the property and whether it needs to be amended to clarify this; that some individuals are placing their garbage cans and recycling containers on the sidewalks and the pedestrian facility and the suggestion this needs to be addressed also, possibly with education of residents; what will be done for visitors to the residences where there is no room to park in the driveway; the need to send a new letter to Mr. Petre to withdraw the prior letter which indicated he was allowed to park in the right -of -way between the curb and the pedestrian facility; whether a study was done of the areas outside of Ridgewood Avenue; and that this Ordinance is meant to address City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 4 of 6 a known problem; however, it may need to be amended in the future. The public hearing was closed. A motion was made by Mr. Petsos, seconded by Mr. Randels, for approval. Discussion continued and included: prior lack of enforcement with parking on the sidewalks; that individuals who are having gatherings can phone the Cape Canaveral Precinct and inform them of the event, so officer discretion can be utilized; the need for public education and the need to enforce the state law that precludes walkers and joggers from using the road way when a sidewalk or bike path is provided. Attorney Garganese suggested adding the following language to the Ordinance: • This section shall also not be construed to prohibit the temporary parking of service or delivery vehicles on a right -of -way, excluding sidewalks, provided such vehicles are in actual use providing a service or delivery and such vehicles do not obstruct pedestrian or vehicular traffic. • The City Council may authorize by resolution the temporary parking of vehicles on a right -of -way, excluding sidewalks, during seasonal holidays and special events. The motion was amended to include the language suggested by Attorney Garganese be added to the Ordinance. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing: 8. Motion to Approve: Ordinance No. 17 -2010, amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to add Assisted Living Facilities as a Special Exception Use in the R -3 Medium Density Residential District and the C -1 Low Density Commercial District subject to certain requirements; updating definitions; providing for parking requirements; making conforming amendments to Chapter 110; 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. He noted the Ordinance has been recommended by the Planning and Zoning Board. He gave a brief explanation of it. Planning and Development Director Barry Brown provided background on this item and gave a detailed explanation of the Ordinance. Discussion included whether the Department of Community Affairs is agreeable to the conversion factor; the green space around the facility; the concepts used to create the plans for the proposed Assisted Living Facility; the prior concern over evacuation of the residents of the facility; whether the residents of Puerto Del Rio are aware of the potential Assisted Living Facility next to their condominiums and that they are excited about this facility, as they will be able to stay in the area when they need to have this type of assistance; the employment opportunities for approximately 200 people, the expanded tax benefits and what types of facilities can be located in a R1 Zoning District. A motion was made by Mr. Petsos, seconded by Ms. Roberts, for approval. Public Hearing included whether the zoning density would be changed for this project; which was answered by Mr. Brown to be no; however with the conversion factor there could be up to 180 beds; and when will the adjoining City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 5 of 6 neighbors be notified of the proposed property change; to which Mr. Brown responded there is no change in zoning or land use. Attorney Garganese indicated when the property owner applies for the Special Exception, notice will be sent to the surrounding properties. Concerns as to the entrance for the facility being directly across from the entrance to the Bayside Condominiums; and the alternate use possibly enhancing the property values were also noted. The public hearing was closed. 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: 9. Renewal of health, dental, vision and life insurances policies City Clerk Apperson reviewed the recommendations. A lengthy discussion ensued and included: a revised recommendation by City Manger Greene that the City fund 10% of dependant coverage and eliminate any requirement for employees to contribute $20.00 per pay period for their coverage; whether the City would share in the cost for dependant health coverage; currently no employees elect coverage for their dependants due to the cost; that not sharing in the cost for dependant coverage places the City at a competitive disadvantage to get and retain quality employees; the two types of health coverage that are offered and the current contribution to a Health Savings Account; whether the City could join with other cities to possibly get a lower rate; the cost shifting of the Florida League of Cities plan to the employees; that insurance is one of the major things the employees are working for; the need to look at the total benefit package and other reductions to offset the rising costs of health coverage; in comparison to other municipalities the City's benefits package is weak due to the defined contribution plan and the lack of assistance toward dependant insurance coverage; where the money for 10% toward dependant insurance coverage would come from and that participation would be minimal at this point and whether the employees will be asked to contribute $20.00 per pay period towards their insurance coverage. The discussion moved to the Life Insurance Options and included: the current coverage; the proposed coverage of $100,000.00 per employee, which is an improved benefit at a lower cost and is locked in for the next three years; and that the City does not fund a short term or long term disability policy. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve the staff recommendations as revised. The discussion returned to health insurance and how to make the 10% City contribution for dependent coverage work. The motion carried 3 -2 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Against. 10. Results of the Multi -Way Stop Sign Warrant Study prepared by Luke Transportation Engineering Consultants for the intersection at North Atlantic Avenue and Shorewood Drive Public Works Director Walter Bandish explained the results of the Study, which recommends the installation of two roundabouts. He indicated if these are desired they would be a part of the design of the North Atlantic Avenue Project. The proposal was discussed as well as whether the 30 second wait limit was exceeded; City of Cape Canaveral, Florida City Council Regular Meeting November 4, 2010 Page 6 of 6 whether this would be a deterrent for vehicles traveling to the port; and this study was completed because it was an item on the "parking list ". No Consensus was reached. 11. Request by the Mayor to consider making tattoo studios a Special Exception Use and regulatinq them as to location: Mayor Randels explained his request. Consensus was reached that Staff prepare an Ordinance to regulate this use and send it to the Planning and Zoning Board for consideration. Attorney Garganese noted he will work with staff on this issue, but this will require a considerable amount of staff work prior to presentation to P & Z, as a legislative record will need to be established. REPORTS: 12. Council Council Member Walsh congratulated the City Treasurer for recouping $29,080, which was owed for back wastewater fees. ADJOURNMENT: the Meeting adjourned at 8:16 P.M. Rocky Randels, MAYOR Angela.M. Apperson, CMC;City Clerk SEAL of Cape Canaveral, Florida