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HomeMy WebLinkAboutPacket 11-15-2011 RegularCity of Cape Canaveral CITY COUNC IL MEET ING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Po lk Avenue, Cape Canaveral, Florida Tuesday November 15, 2011 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL : OUTGOING ELECTED OFFICIAL COMMENTS: OATHS OF OFFICE: ELECTION OF MAYOR PRO TEM: REPORTS: 7:10 p.m. -7:20 p.m. City Attorney AUDIENCE TO BE HEARD : 7:20 p.m. -7:35 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens w ill limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 7:35 p.m. -7:40 p.m. 1. Approve Minutes for Special City Council Meeting of October 4, 2011 and Regular City Council Meeting of October 18, 2011 . I 05 Polk Aven ue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax : (321) 868-1248 www.cityofcapecanaveral.org • emai l: info@c it yofcapecanaveral.org City of Cape Canaveral, Florida City Council Meeting November 15, 2011 Page 2 of 3 2 . Approve Year Two of Five-Year Program -Relining of Manholes and Lift Station Wet Wells Throughout the City and Award Project Work in the Amount of $129,638.04 to Hinterland Group , Inc., Cocoa, FL. 3. Approve Resolution No. 2011-29; amending the Stormwater Utility Fee Authorized by Article V of Chapter 78 of the Cape Canaveral Code of Ordinances; providing for incorporation into Appendix B, Schedule of Fees, of the City Code; providing for repeal of prior inconsistent resolutions; severability; and an effective date. 4. Approve Agreement between the City of Cape Canaveral and Complus Data Innovations, Inc. (Complus) for the processing of parking tickets issued within the City of Cape Canaveral. 5. Approve Library Board recommendation to purchase books (inventory) utilizing reserves from Library Capital Expansion Funds. 6. Approve Contract Between the Florida Department of Corrections and the City of Cape Canaveral for Renewal of Inmate Labor Contract; Work Squad Contract #WS641, Amendment #1 . 7. Approve Requested Revisions to the Cape Cari be Binding Developer's Agreement. 8 . Update -Feet Not Fuel Program. 9. Bike Sharing Program (Not proceed forward). ORDINANCE: First Pub lic Hearing: 7:40 p.m. -8:15 p.m. 10. Adopt Ordinance No. 12-2011; adopting amendments to the Annual General Fund, Sewer Enterprise Fund , Stormwater Enterprise Fund , Special Revenue Funds and Expendable Trust Fund's Budgets for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011; providing for an effective date. 11. Adopt Ordinance No. 13-2011; amending the code of ordinances to reorganize and streamline the City's development review process and to modify the composition and duties of certain city boards; amending Chapter 2 , Administration , related to committees and commissions; amending Chapter 22 related to community development; amending Chapter 46, related to the Library Board; amending Chapter 54, related to City of Cape Canaveral , Florida City Council Meeting November 15, 2011 Page 3 of 3 parks and recreation ; amending Chapter 110, related to the Board of Adjustment and Planning and Zoning Board, and related to land use decisions and site plans; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date . 12. Adopt Ordinance No . 14-2011 ; amending Artic le Ill of Chapter 74 related to stopping, standing and parking; providing for definitions ; prohibiting parking in designated areas; authorizing metered parking in designated areas of the City; establishing parking fines and penalt ies; authorizing towing and immobilization of illegally parked vehicles ; providing for administrative review and appeals; authorizing annual parking permits; establishing regulations for towing vehicles from private property ; making conforming amendments to Chapter 110 related to beach-end parking in the R-3 Medium-density Residential Zoning District ; providing for the repeal of prior inconsistent ordinances and resolutions ; incorporation into the code; severability; and an effective date. 13. Adopt Ordinance No. 15-2011 ; amending Article Ill of Chapter 1 O regulating the permitting of outdoor entertainment events; providing an exemption for City organized events; providing that the City Council may contract for certain special events and vary or waive provisions of the code to promote economic development or cultural events; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date . DISCUSSION: 8:15 p .m . -8:30 p.m. 14. City Council Decision w ith Respect to Construction of a Public Beach Access between the Shorewood and Villages of Seaport Communities . 15. Land-based Casino Operations. REPORTS: 8:30 p.m. -9:00 p.m. 16. Council. ADJOURN M ENT: Pursuant to S ection 286.0105, Florida Statutes, th e City he reby advises the pub lic that: If a person de cid es to a ppeal any decision made by the City Council with respect to a ny matter considere d at this meeting, that person will need a record of the proceedings, an d fo r such purpo se that person may need to ensure that a verbatim record of the p roceedings is made, w hich record includes the testimony and evi dence upon w hich the appeal is to be based. This notice does not constitute conse nt by the City for the introd uction or admission into evidence of o therwise inadmissible or irre leva nt e vid ence, nor does it a uthorize chall enges or appeals not otherwise a llowed by law. Persons with disabilities needing a ssistance to participate in any of these proceed ings should contact the City Clerk's office (868-1 22 1) 48 hours in advance of the meeting. SPECIAL CITY COUNCIL MEETING ;LI CAPE CANAVERAL LIBRARY MEETING ROOM :fl--1 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 4, 2011 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: Mayor Pro T em Council Member Mayor Council Member Others Present: City Manager Assistant City Attorney Leisure Services Director Brevard County Sheriff Commander Bob Hoog Buzz Petsos Rocky Randels Betty Walsh David L. Greene Kate Latorre Robert Lefever Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief Assistant City Manager/City Clerk John Cunningham Angela Apperson Mia Goforth Deputy City Clerk DISCUSSION: 1. Space Coast League of Cities Dinner Meetings: Mayor Pro Tern Hoog explained the Space Coast League of Cities (SCLOC) intention to raise the price of meals from $25 to $30 per plate and the League's request for input from Cities on changing the number of meetings annually. Discussion ensued and included business related matters discussed at the meetings, quality of the speaker topics, changing the schedule to every other year for speakers, consideration of bi-monthly meetings for cities and monthly meetings for the board and feedback from other cities indicating costs could not be met. Council reached consensus for SCLOC City meetings to take place six times a year or every other month and the Board of Directors can decide how often they need to meet to conduct business. City of Cape Canaveral, Florida Special City Council Meeting October 4, 2011 Page 2 of 3 2. Appointment to fill the vacant Council Member position until filled by Special Election: Mayor Randels read the recommended procedure for appointing a City Council Member until the position can be filled by Special Election. He opened the nominations and discussion ensued over whether or not to review the two (2) applications received after the deadline of Friday, September 30th at noon. Council reached consensus to consider the nine (9) applications that were submitted on time and qualified. Discussion continued and included the recommended procedure for appointment, the possibility of not nominating anyone until the Special Election and withholding nominations until all qualified applicants addressed Council. Council reached consensus to make their nominations after all applicants addressed City Council, alphabetically, and to ask the same questions of all applicants. Mayor Randels opened the nominations after the applicants finished addressing the Council. Discussion ensued and included procedure and whether or not to make a decision after nominations. Mayor and Council encouraged those who were not chosen for the position tonight to apply for volunteer City Advisory Boards. Each Council Member nominated a candidate and discussion ensued regarding the nominated applicants. A motion was made by Council Member Walsh, seconded by Mayor Pro Tern Hoog, to Appoint John Bond to fill the vacant Council Member position. Mayor Randels closed the nomination portion of the Appointment. The motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. 3 . Resolution 2011-27, calling for a Special Election to fill a vacancy on the City Council; establishing the date of the Special Election and the candidate qualification period; providing for the repeal of prior inconsistent Resolutions, severability, and an effective date . Assistant City Manager/City Clerk Angela Apperson explained developments since the Resolution was proposed in the Agenda Packet regarding the impact of the Florida Presidential Preference Primary (PPP), set for January 31, 2012, on the City's Special Election. The Primary changes the availability of the Brevard County registration books for a proposed election on January 10, 2012 as was placed in the Resolution. In speaking with Brevard County Supervisor of Elections (SOE) Lori Scott and the City Attorney, Ms . Apperson was informed that State Law supersedes the City Charter. Ms . Apperson further explained when Staff proposed the Resolution, it was with the understanding that it could be subject to the PPP . Since the PPP date has been set, the City is no longer able to use January 10, 2012 for the Special Election; as such the SOE has suggested holding the Special Election on the same day as the PPP . Ms. Apperson pointed out the City can place extra advertisements and send a letter to all