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HomeMy WebLinkAboutMinutes 07-06-2004 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 6, 2004 7:00 PM MINUTES CALL TO ORDER: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton { Council Members Absent: Council Member Steve Miller Others Present: City Manager er Bennett Boucher City Attorney Anthony Garganese Recording Secretary Virginia Haas Recreation Director Nancy Hanson City Planner Todd Peetz Public Works Director Ed Gardulski PRESENTATIONS: School District Representative Bea Fowler, School Board Update. Bea Fowler, School District Representative, reported that Capeview Elementary school is an "A" school as well as one of the few schools that attained adequate yearly progress. Ms. Fowler addressed the dwindling enrollment in that Capeview has a high mobility rate of 71 %. She explained that Johnson Control and USA Space have adopted Capeview Elementary and NASA is also interested in establishing a science program. Ms. Fowler stated that her goal was to convince the school board to create Capeview as a Science and Math School of Choice. Ms. Fowler responded that enrollment at Capeview was 389 last year Currently student enrollment is at 340 and they are expecting more enrollments during registration. Ms. Fowler responded to Mr. Morgan that average class size for grades 1 -3 should be limited to 18 and grades 4-8 are limited to 22. Ms. Fowler reiterated that a School of Choice for Math and Science would increase the enrollment. Ms. Fowler replied to a question from the audience that Capeview strives to maintain enrollment at 350. Ms. Fowler requested that Council attend school board meetings and support the math and science school of choice. 1 City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page2of8 Ms. Fowler responded to Mr. Boucher that the school impact fee would not impact this area due to the City being built out CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 15, 2004. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 2. Motion to Approve: Appropriation for Irrigation) Landscaping of Manatee Sanctuary Park in the Amount of $7,135.00. A motion was made by Mr. Treverton and seconded by Mr Morgan to Approve the Appropriation for Irrigation/Landscaping of Manatee Sanctuary Park in the Amount of $7,135.00. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For 3. Motion to Approve: Award for Request for Proposal No. 04-03, Continuing Consulting Services Traffic Engineering. Mayor Randels explained the history of the request for proposal and that the award would be based on the firm's ability to perform the work not cost. Mr. Gardulski explained that the City has used the top choice firm for the past three years. Council concurred with Mr. Gardulski's ranking sheet. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Award for Request for Proposal No. 04-03, Continuing Consulting Services Traffic Engineering Per the Public Works Ranking Sheet The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Designation of a Voting Delegate to the 2004 Florida League of Cities Annual Conference. A motion was made by Mayor Randels and seconded by Mr. Treverton to Approve the Designation of Mayor Pro Tem Hoog as the Voting Delegate to the 2004 Florida League of Cities Annual Conference. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 3 of 8 ORDINANCES: Second Public Hearing: 5. Motion to Adopt Ordinance No 12 -2004; Amending Chapter 80, Vehicles for Hire, at second reading. Mayor Randels read Ordinance No 12-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 80 OF THE CODE OF ORDINANCES, VEHICLES FOR HIRE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABIUTY; AND AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to adopt Ordinance No 12 -2004, at second reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 6. Motion to Approve: Ordinance No 13 -2004; Amending Chapter 10, Article IV of the City Code Pertaining to Sexually Oriented Business and C re Adult Entertainment Establishments and Related Matters, at First Reading. Attorney Garganese read Ordinance No 13 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING CHAPTER 10, ARTICLE IV, OF THE CAPE CANAVERAL CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE PURPOSES, FINDINGS AND INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDNANCE; RECOGNIZING OBSCENITY AS UNLAWFUL; PROVIDING FOR DEFINITIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, RENEDES AND RELEF; PROVING FOR AND REQUIRING LICENSES; PROVIDING FOR UCENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES; PROVIDING FOR APPROVAL AND DENIAL OF UCENSE APPLICATIONS; PROVIDING FOR CONTINUNG DUTIES UPON LICENSED APPLICANTS; PROVIDNG FOR INVESTIGATIONS; PROVIDING FOR REAPPUCATION; PROVIDING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FIUNGS, AND DECISIONS; PROVIDING FOR RESPONSIBILITIES OF CITY AND GOVERNMENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHBITNG THE TRANSFER OF LICENSES; PROVIDING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR UCENSE SUSPENSION AND REVOCATION PROCEDURES AND ; PROVIDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGISTERS AND INSPECTION THEREOF; PROVIDING FOR DUTIES AND OBUGATIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTABUSHMENTS AND BUSINESSES, WORKERS, OPERATORS, AND (1.? CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PROHIBITIONS; PROVIDING FOR UCENSEE CONSENT; PROVIDING FOR SPECIFIC PROVISIONS RELATING TO VARIOUS CATEGORIES OF } City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 4 of 8 UCENSEES; PROVIDING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTABLISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABUSHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABUSHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY WORKERS AND OPERATORS; PROVIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PROHIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CERTAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAINMENT ESTABUSHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Attorney Garganese reviewed the advertisement procedures and evidentiary records. Attorney Garganese requested a motion accepting the legislative studies into the record. A Motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to accept the legislative studies into the record. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For Attorney Garganese summarized the Adult Entertainment Ordinance beginning with page 15 of the Ordinance that includes the definitions of terms. Attorney Garganese briefly reviewed the following areas of the Ordinance: Page 27: establishing the penalties. Page 28: Licensing requirements. Page 29: Duties of the Departments. Page 37: Revocation and suspension of licenses and procedures for hearings. Page 43: General regulations on Conduct Pages 45- 47: Conduct and building regulations. Page 51, Section 10-82: Prohibited activities for customers. It was noted that Page 55, sectionl0 -86 and 10-87 numbering might be incorrect. Attorney Garganese continued his summarization: Page 61: Zoning requirements. Attorney Garganese responded to Mayor Randels that Florida Statues require those types of establishments to be 2,500 feet from a school. Mr. Treverton noted on page 16 that a possible discrepancy may have occurred in regards to the description of the size of the sign. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page5of8 Attorney Garganese replied to Mayor Pro Tem Hoog that this Ordinance would be enforced just as any other law on the books. Mr. Boucher summarized that this ordinance derived due to diligent code review and he recommends approval. A Sheriff's Department representative advised that Michelle Jackson from the State Attorney's Office would like to review this ordinance. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 13 -2004 with noted changes above, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For 7. Motion to Approve: Ordinance No. 14-2004; Proposing to Annex Real Property Known as Winslow Beach or the Unincorporated Area Lying Between the Cities of Cape Canaveral and Cocoa Beach, at First Reading. Mayor Randels read Ordinance No 14-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AIA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOW AS WNSLOW BEACH OR THE UNINCORPORATED AREA LYING BETWEEN THE CMES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED N E)OIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANIEFXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CRY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. Todd Peetz, City Planner, reported that Tess than 80 acres were identified and the total of registered voters is currently 33 %. Mayor Randels explained the referendum question and how it would be worded. Brett Hitchins, Avon by the Sea, noted that Winslow Beach to some residents may appear to be a resort rather than an area and requested this be reworded to include boundaries. Mr. Boucher explained that there would be a map and legal description at the C r polling areas. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 6 of 8 �r Marcy Leto reiterated that it is vitally important to indicate the precise area that is to be annexed. n inquired if the resident's mailing addresses would change? Nelso nq ng ange ? Mr. Nelson stated that he would prefer his mailing address to continue as Cocoa Beach. He further explained he was indifferent to the annexation but this would affect his decision. Mr. Boucher explained that the Level of Services report was delivered to Brevard County. The County has recommended a transitional period to resolve any issues and October 1, 2005 is the proposed effective date. Jim Derocher, Avon by the Sea, stated his support for the annexation. Mr. Derocher suggested a contract or list for Avon by the Sea residents of what can be expected from / the City, if annexed. Mr. Leo Nicholas, Cape Canaveral, stated that Avon By the Sea Residents should conform to Cape Canaveral's regulations. Mr. Boucher responded to Shawn Schaffner that the City of Cocoa Beach chose not to pursue annexing Avon by the Sea. Mr. Donald Dunn, Cape Canaveral, inquired as to the advantages and disadvantages of the annexation as well as the cost to city. Mr. Boucher responded that a Level of Service Report is available for review in the City Clerk's Office and on the City Web Site Mr. Mark Nelson, questioned whether the ordinance would effect the two fireworks establishments? Mr. Nelson also noted that the speed limits at the port intersection are not being followed. Mayor Randels summarized the traffic citations issued for the previous • Friday night. There was discussion regarding the adult entertainment establishments and non- conforming uses. There was a question from the audience regarding the soup kitchen on Cleveland Avenue and whether that function was a conforming use. Avon by the Sea residents inquired about police service. Canaveral precinct would respond to calls if Avon by the Sea were annexed into Cape Canaveral. A question from the audience was asked regarding an ensuing lawsuit due to an adult entertainment ordinance. Ms. Linda Gibson, Avon by the Sea, asked when the Comprehensive Plan amendment process might begin? Mr. Peetz responded that the comprehensive plan change could coincide with the October 1, 2005 transition date. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 7 of 8 Council agreed on the October 1, 2005 effective date, which the Ordinance title will be amended to reflect Council agreed the ballot question would be amended to add "a portion of Avon by the Sea, generally from Grant Ave. to Young Ave., ..." in order to provide voter clarity. An amendment to the main motion was made by Mn Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 14-2004 as noted above, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For Mayor Randels, For and Mn Treverton, For A vote on the main motion as amended was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 14 -2004, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mn Treverton, For 1* DISCUSSION: 8. Waste Management Proposal for Contract Extension. George Geletko, Waste Management, summarized the capabilities, products, service and history of the company. Mr. Geletko explained the following contract enhancements: • No CPI if growth rate is higher than 5% for term of renewal. • C &D Roll -Off open market. • Cocoa billing charge - $0.35 deducted from each customer bill. • Multi-family recycling rate reduction • Fully- automated cart system Following some discussion Council agreed to direct staff to prepare a contract renewal with Waste Management, for an additional five -year period. RESOLUTION: 9. Motion to Adopt Resolution No 2004 -23; Authorizing the City Manager to Apply for the 319 (h) Non Point Source Pollution Program and Adopting the Grant into the City's Capital Improvement Program. Amy Adams, City Grant Writer, explained that Florida Environmental Protection Agency is the main grant source and the St. Johns River Water Management District may fund the matching grant portion for the Central Ditch project area. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No 2004 -23. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Morgan, For Mayor Randels, For and Mn Treverton, For 1 City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 , C Page 8 of 8 i REPORTS: 1. City Manager • Mr. Boucher announced the Cocoa Beach Area Chamber of Commerce Wednesday/Friendsday on July 7 from 5 :30 p.m. — 7:00 p.m. at the Radisson. • Mr. Boucher reported the arrival of the Portugal delegation and the Mayor's reception on Monday, July 12 from 6-7 p.m. at the Radisson as well as the Special Meeting on Thursday, July 15 at 7 p.m. in the Annex. r_ er business, the Chair adjourned the meeting at 10:30 P.M. it. ► ►' ' C L x Rocky Randels, Mayor • r f , 4 1 ' W,,�a N'a ing Secretary } C (110° .