HomeMy WebLinkAboutMinutes 06-21-2011 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 21, 2011
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Jim Morgan
Council Member Buzz Petsos
Mayor Rocky Randels
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
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
REPORTS:
City Attorney Anthony Garganese reported Cape Winds Condominiums has filed suit
over resort dwelling issue. He requested an Attorney Client Session to discuss this
litigation as well as the Royal Mansions suit. Consensus was reached to hold Attorney
Client Session on July 19 at 5:30 p.m.
AUDIENCE TO BE HEARD:
Mary Jane Binney, Director of Operations for the Brevard County Police Athletic League
(PAL), provided an update regarding PAL activities which included: networking with
other PAL Organizations; attendance at "Operation Now", a regional community service
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City Council Regular Meeting
June 21, 2011
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project sponsored by Satellite Beach PAL; Youth Director /Council training where BCSO
PAL Youth President Max Trapasso was elected Region Three Treasurer; Field Day at
Blizzard Beach; July 16th BCSO PAL is sponsoring a Beach Clean -up then back to
Youth Center for other activities. Ms. Binney thanked Recreation Director Robert
Lefever, Sargeant Scott Pikus and Volunteer Melanie Evans for their endless support to
make these items possible. BCSO PAL Youth President Max Trapasso explained the
PAL Specialty License Plate Program, which raises money for State of Florida PAL.
Commitments cost an additional $22.00 on each vehicle registration. The State PAL
uses the money for training /scholarships. He indicated 30 commitment letters
completed properly would allow 4 BCSO PAL Members to attend the Youth Directors
Conference in Orlando for no charge. He encouraged Council Members and citizens to
participate. Discussion ensued and included the program details; the mission of the
PAL Organization; placing the application for the license plate on the City's website and
the commitment forms will help to raise money for the BCSO PAL Members to attend
the Youth Directors Conference at no charge.
Ms. Joanne Muncey and Ms. Dianne Marcum, former members of the Business &
Cultural Development Board, inquired as to what the City's plans are for realignment of
the City Review Boards, the status of the Visioning Committee, the implementation of
the Vision Report and requested a future agenda item to explain the City's Plan.
Ms. Shannon Roberts spoke in opposition of hotels offering cruise parking. She urged
the Council to protect the residential nature of the community and encouraged an
ordinance modification to either prohibit cruise parking or establish strict requirements
that include limiting the parking facilities from adjoining A1A. Discussion ensued and
included future use of the land currently used for parking.
Ms. Tracy Kramer, President of H2O High Waterline Services, Inc. requested to discuss
beach vending and explained the application for their franchise was denied. Ms. Kramer
mentioned their prior work to obtain state and county licenses to sell on the wet sand
portion of the beach and requested the City continue to allow her company to operate
until the franchise issue is settled. Discussion ensued and included the citation
received by Mr. Nick Patty from the Brevard County Sheriff's Office for soliciting
merchandise for sale on the beach of Cape Canaveral without a permit, the
requirements of the agreement that have not been met and the re- opening of the
Request for Proposal for beach vending.
ORDINANCE: Second Public Hearing:
1. Ordinance No. 04 -2011, amending Chapter 110 Zoning, related to setbacks;
providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation
into the Code; severability; and an effective date: Attomey Garganese read the title of the
Ordinance into the record and provided a brief explanation of the changes that were made
at the prior meeting. A motion was made by Mayor Pro Tem Hoog, seconded by
Council Member Morgan, for approval of Ordinance 04 -2011. The public hearing was
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City Council Regular Meeting
June 21, 2011
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opened. No comments were received and the public hearing was closed. The motion
carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
CONSENT AGENDA:
2. Approve Minutes for Regular City Council Meeting of May 17, 2011:
3. Designate one (1) City Official to be the Voting Delegate at the 85 Annual
Florida League of Cities Conference scheduled for August 11 -13, 2011 — World Center
Marriott, Orlando:
4. Approve renovation to the marquee at City Hall to install an electronic message
center; appropriate General Government Capital Expansion Funds in the amount of
$19,915 for same:
5. Approve - Binding Developer's Agreement between the City of Cape Canaveral
and Puerto del Rio, LLC, Inc. (Danny Rinqdahl) for the Assisted Living Facility (ALF)
located at West 700 Central Boulevard:
6. Approve - Site Plan Set dated June 14, 2011 for the construction of an Assisted
Living Facility at 700 West Central Boulevard:
Mayor Randels read the title of the items into the record. Council Member Walsh noted
the amendment to item two, the Minutes. City Attorney Garganese requested item five
be removed from the Consent Agenda and asked if the Applicant or any other interested
party wanted to speak on item six. No requests were received. A motion was made by
Mayor Pro Tem Hoog, seconded by Council Member Walsh, to approve Consent
Agenda Item Nos. 2, as amended, 3, 4, and 6. The motion carried 5 -0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor
Randels, For; and Ms. Walsh, For.
#5 - City Attorney Garganese noted the changes that were requested by the Developer.
He requested the Council also establish a time period for section four of the agreement,
which would set benchmarks for the financing and the state license acquisition.
Discussion ensued and included allowing an option to request more time to obtain
financing and the expiration of the agreement. Developer Danny Ringdahl expressed
his surprise that this was the first time he was hearing of any need for other
amendments; noted his attorney drafted contract for financing. A motion was made by
Mayor Randels, seconded by Council Member Morgan, to approve Consent
Agenda Item No. 5 with the changes to Sections 26 and 29 and allow the City
Manager the authority to make mutual amendments /changes to section 4 of the
agreement. Discussion ensued. Mr. Ringdahl complimented the support and hard
work from the City Council and Staff to make this project happen. The motion carried
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City Council Regular Meeting
June 21, 2011
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5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For; Mayor Randels, For; and Ms. Walsh, For
DISCUSSION:
7. Sewer Impact Fee Payment Plan — lzzy's Bistro: Building Official Todd Morley
explained the item and specified any default will jeopardize the Special Exception and
the establishment's ability to serve alcohol. Discussion ensued and included the
possibility of granting a payment plan and the prohibition of such in the City Code. Mr.
Gary Kirkland spoke on behalf of Bridget Krause and noted that throughout the entire
project, a payment plan was discussed and anticipated. A motion was made by
Council Member Petsos, seconded by Council Member Morgan, to grant a one-
time exception for lzzy's to allow the impact fee payment plan that was presented
with the default provision. Discussion continued and included the property owner not
wanting to have any liens filed against the property, including interest in the payment
plan, parking approved due to agreement with adjoining land owners. City Attorney
Garganese urged for this item to be delegated to the City Manager to work out. He
noted the need to have the property owner involved as the Special Exception runs with
the land. Mr. Nicholas noted prior attempts to have payment plans for impact fees
which failed. He expressed how difficult it is to withdraw a Special Exception and
opening the flood gates to others who may request payment plans. He urged to secure
the plan with assets. The motion and the second were amended to include interest
in the payment plan and the property owner buying into the release of the Special
Exception. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog,
For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
Consensus was reached to allow the City Manager to work out the details of the
payment plan.
8. Discuss Red Light Cameras and a survey conducted by ATS (American Traffic
Solutions): Discussion ensued and included: an ongoing law suit in Orange County
where the City has a short fall of $14,000.00 per month and the City needing to ensure
this is settled prior to installing any cameras; that an agreement would be brought back
to the City Council prior to installation of any cameras; the City has only one
documented crash relating to running a red light; the installation of the blue lights on the
top to assist the Deputies; the survey performed by ATS showed many people running
red lights; the motor officer will return to patrol soon; the projected revenue for the City
while the cameras were in place; the minimum agreement with ATS would be 3 years;
and the City would have to pay the legal fees if someone sued over a ticket.
Consensus was reached not to move forward with red light camera installation.
REPORTS:
9. Council.
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City Council Regular Meeting
June 21, 2011
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Council Member Petsos asked for a status report on the parking meters project. Mr.
Greene noted the priority has been on submitting the budget; however, there has been
progress made with solving the parking pass issue by taking general fund revenues to
pay for passes for City Residents and non - residents would pay for them. Council
Member Walsh noted she has not seen any of the beach ends filled during the week.
Council Member Petsos and Commander Moros indicated they are usually filled from 10
am to 3 pm. Consensus was reached to move this item forward.
Mayor Pro Tem Hoog noted a property that dedicated parking to Izzy's Bistro has
received a Special Exception from the County to have liquor at their establishment and
has had to pledge all their parking to their own use. Discussion ensued and included
the need for the City to do a better job of ensuring the parking is dedicated only to the
property area granted a Special Exception; the parking vs seating requirements; that a
traditional downtown would eliminate the parking problems.
Mayor Randels reminded everyone to return the Site Plans to the City Clerk.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 8:54 P.M.
Rocky Randels, MAYOR
Angela M:, Apperson, MMC; City Clerk
SEAL of Cape Canaveral, Florida