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HomeMy WebLinkAbout07-07-2009 MinutesCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 7, 2009 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts (arrived at 6:02 p.m.) Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Building Official Todd Morley Planning & Development Director Barry Brown Acting Deputy City Clerk Mia Goforth PRESENTATIONS: Lealslative Update, State Representative Steve Crisafulli Rep. Crisafulli thanked Mayor and Council. The following are highlights of his freshman sessions in the Florida Legislature and discussion with Council: • In January there was a Legislative Special Session to balance a three (3) billion dollar deficit; • Florida took less Stimulus Money per person than any other state in the country; the money was used for Education and Healthcare programs and certain spending levels will need to be maintained; • All of the legislation he filed this year was to get agencies to run more efficiently and effectively; fewer bills were passed this year saving the State money; • This year the Legislature also worked on Property Insurance Reform, Property Tax Reform, and they capped Workman's Compensation Rates; City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 2 of 9 • Initiatives placed on the ballot for 2010: the rolling back of non -homesteaded properties assessed values from a ten (10) percent rate to a five (5) percent rate; Pro -rated rates to first-time homebuyers; and an initiative that will help deployed military to off -set the taxes that they are obligated to make while they are away; • The legislature put a ten (10) percent cap on Citizens Property Insurance this year; • Rep. Crisafulli promised to work to get the Cost -Benefit Analysis Bill passed within the next couple of years; • Statewide, government reform of agencies is an issue that will probably be slowly chipped away at; • Rep. Crisafulli's big initiative is what East Central Florida (his district) will be facing with twenty thousand potential job losses. With the help of the Florida Chamber of Commerce, Enterprise Florida and the Economic Development Commission, in an effort to attract new businesses, Rep. Crisafulli has been in contact with some businesses that have to do with alternative energy sources; • Rep. Crisafulli responded that he would contact the Florida Department of Transportation (FDOT) about a turn signal at Central Avenue and SR A1A and dropping the speed limit along SR A1A; • Rep. Crisafulli responded that he sees no benefit to municipalities in passing Amendment 4; • Rep. Crisafulli opined that besides eco -tours, the Kennedy Space Center Visitor Center, Port Canaveral and Disney, other opportunities need to be looked at for bringing people to this area and keeping them here; he mentioned that he is working with FDOT trying to get a Visitor's Center near Scottsmoor on 195 for Brevard County. Mayor and Council thanked Rep. Crisafulli for being at the meeting. BOARD INTERVIEW: Rosalie Wolf — Community Appearance Board Attorney Garganese addressed Ms. Wolf and she responded that the information in her application was true and correct. She also explained to the City Council that she has been living here for thirty (30) years. She and husband, Tom Quinn, retired five (5) years ago from construction and she decided, in January, to give back to the community. Ms. Wolf stated that she understood the roles and responsibilities of the Community Appearance Board after appearing before The Board many times in the past. Ms. Wolf responded to Ms. Roberts that she has seen a lot of improvement over the years and she thinks the City is moving in the right direction. Mayor Randels explained that a Resolution will come before the Council for approval at the next City Council Meeting. The Council thanked Ms. Wolf for volunteering. City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 3 of 9 REPORTS: CITY MANAGER • Mr. Boucher distributed a Public Works Status Report; • Mr. Boucher distributed a Draft Policy, requested by Council, on how to handle Proclamations, Keys to the City, Commendations and other forms of Recognition; Mr. Boucher asked for feedback by the next meeting; • Mr. Boucher announced the City is in for the next cycle with Brevard Job Link for summer interns in August; Ms. Roberts inquired about the Cocoa Beach High School students. Mr. Boucher responded that no money was earmarked for that but it could be looked at during budgeting; Mr. Boucher responded to Ms. Walsh that projects have been identified for the interns; • Mr. Boucher inquired if Council preferred sixteen (16) or thirty two (32) free Kennedy Space Center 40"' Anniversary Apollo Banners; Council agreed on 32 banners. • Mr. Boucher informed Council that the RFP (Request For Proposal) is out on the Contract for Human Resource Services and is due on August 3; Discussion took place between Council and Mr. Boucher on the following issues: o Whether or not Council agreed on contracting out Human Resources (H.R.); o Overlapping of City Clerk H.R. responsibilities with the outsourced services; o Assessing capabilities and costs of H. R. Services; o The approach to take, as a City, before taking action with an RFP; o How H.R. Services Companies are made aware of the City's RFP; and o Hiring a Health Insurance Consultant to help negotiate the upcoming contract. • Mr. Boucher reminded Council about his request for feedback on their review of the History Video; Council agreed to provide feedback by July 31. • Mr. Boucher informed that two (2) Council Members submitted names for the Charter Review Committee so far; Ms. Walsh informed that the Florida League of Cities recommends reviewing City Charters every seven (7) to ten (10) years and putting a review period in the Charter, Council agreed to supply the City Manager with five (5) names each by July 14 and be ready to review by July 21; Mr. Boucher emphasized that whomever they choose must be willing and able to serve. • Mr. Boucher informed that the 2009/2010 Proposed Budget is out and he proposes no tax increases, no layoffs and no wage increases; the meetings dates are July 9, 14 and 16 from 5:30 p.m. — 8:00 p.m. • Mr. Boucher informed that the City is recruiting a City Clerk and the dosing date is July 24. • Mr. Boucher stated that the presentations on the Solid Waste Bid will be on July 21 at 5:00 p.m.; Waste Management and Waste Pro were offered the opportunity to make presentations to City Council; the City Council Meeting will immediately follow that workshop meeting. • Mr. Boucher noted that the City Attorney's office and Staff put together a new H.R. (Human Resource) Policy Manual and it is ready for First Reading. He stated he City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 4 of 9 would forward advance copies to City Council; Mr. Boucher responded to Ms. Walsh that he would check to see if the Florida League of Cities could perform a cursory review of the draft. Ms. Roberts expressed her concern regarding the City's H. R. issues right now and the need for fundamental reform using current and contemporary H. R. practices. • Mr. Boucher announced that the Banana River Park Kayak/Canoe Launch was finished and opened on the 0 of July weekend. • Mr. Boucher responded to an inquiry regarding the Cape Canaveral Library Community Room and informed that after negotiations with the County Attorney, the Brevard County Library Director is willing to give the City Monday, Tuesday and Wednesday nights or Tuesday Wednesday and Thursday nights and charge the City $12/hour, Mr. Boucher stated that he relayed City Council's desire to close the Library on weeknights and stay open on Saturdays; Council agreed not to pay the Library $12 an hour for use of the Community Room. • Mr. Boucher announced that Mia Goforth is now the Acting Deputy City Clerk. STAFF Building Official • No report. Planning and Development Director • Mr. Brown announced there would be a schedule out for the remaining Community Visioning Workshops by the end of the week. City Clerk • No report. City Attorney • No report. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT • Chairperson Joanne Muncey announced the Business and Cultural Development Board's next meeting will be July 8 from 4 p.m. to 6 p.m.; Ms. Muncey noted the new meeting schedule is working well. • Ms. Muncey announced that Ms. Andrea Bowers, City Treasurer, will be making a presentation to the Board at the next meeting with an overview of the City revenues and the City Manager and/or Mr. Brown will be giving updates. • Ms. Muncey related that an Action Item on the agenda will be a Tactical Plan for Direct outreach to City Businesses. City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 5 of 9 AUDIENCE TO BE HEARD: • Mr. Leo Nicholas, resident, expressed concern about comments heard over the years from business owners, that the City of Cape Canaveral is not friendly towards businesses. He urged an evaluation of the City's Code of Ordinances and a comparison as to how other cities deal with businesses and to gain feedback as to how business people feel. He stated this might be a good idea going into the Community Visioning. Mr. John Porter, 215 Holman Road, responded to Mr. Nicholas' concern specifying the need to stand up the Canaveral Business Association to serve small businesses in the City and in Port Canaveral that are underserved by the Cocoa Beach Area Chamber of Commerce. He explained that education, representation and opportunities would be the three basic concepts in standing up that association. Mr. Porter pointed out that businesses find it tough to deal with the City because of regulations and that is the City's job. Mr. Porter expressed hope that the perception could be turned around by upgrading A1A and providing places for people to be and to spend their money and he hoped this is what comes out of the City's Redevelopment Plan, Visioning process and UCF (University of Central Florida) Study. • Mr. Ray Osborne, 209 Holman Road, requested that Roz Foster's presentation: "Economic Benefits of Historic Preservation" for the North Brevard Heritage Foundation be made on Tuesday, August 4 at 6 p.m.; Council agreed. • Frank Kuhn, resident, shared his opinions on the laws pertaining to sexual offenders living in the City, the City's short-term rentals ordinance and the City Manager's pay rate. CONSENT AGENDA: 1. Motion to Approve: Regular City Council Meeting Minutes of June 16, 2009. 2. Motion to Approve: Special Outdoor Entertainment Permit; Farmers Market on property located at 6355 and 6395 N. Atlantic Avenue; Banana River LP. Mayor Randels asked if any Council Member, Staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item No. 2. A motion was made by Ms. Walsh and seconded by Ms. Roberts to Approve the Regular City Council Meeting Minutes of June 16, 2009 with Proposed Modifications. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 6 of 9 • Ms. Roberts mentioned that Council previously brainstormed about the possibility of the City having a farmers market at Manatee Sanctuary Park and inquired if this farmers market would be located where the Azteca Restaurant used to be. Mr. Porter responded yes, that it would be located between the old restaurant and the golf course and in the back of the golf course parking lot. • Ms. Roberts requested more information. Mr. Porter explained his belief there is a need in the market place and they are requesting a length of time to see what the demand is. His description of the market included a good amount of produce, home -baked goods and hand crafts made by residents and artisans within the City. He cited the UCF Study and the City's Redevelopment Plan as proof for the demand and need for building more culture in the City and having a place where people can gather. Mr. Porter expressed his desire for this area to be one of the City's "Town Centers" for Culture, Community and Commerce. Discussion took place on marketing, location, parking, bathroom facilities and hours of operation. • Todd Morley, Building Official, requested to review the bathroom facilities and parking and suggested Council should condition the Approval with the opportunity for review by the Community Development Department. • Mayor Pro Tem Hoog inquired as to why this did not go through the Community Development Department. Mr. Boucher responded that it is not a specific, allowable permitted use in the commercial zoning district Mr. Porter clarified the permit is temporary and if the concept works over the next few months, it could be added into the code as an allowable use. • Anthony Garganese, City Attorney, responded that he wanted to go on record to say that if something is not specifically listed in the code, it is prohibited and you run the risk of circumventing your zoning code, unless it is short term. He stated that if this becomes a successful venture, it is his recommendation to change the code to allow this specific type of use. Mr. Garganese cited examples of the symbiotic relationship between cities and farmers markets, such as in the City of Cocoa and the City of Winter Springs, and he suggested the City of Cape Canaveral become more heavily involved in the regulations and the promoting of this venture if it does become successful. • Mayor Randels clarified the correct length of time on the permit as being from July 25, 2009 through December 31, 2009. A motion was made by Mayor Randels and seconded by Mr. Hoog to Approve the Special Outdoor Entertainment Permit; Farmers Market on Property located at 6355 and 6395 N. Atlantic Avenue with Consideration of the Community Development Department Review and Approval. The vote on the motion carried 5- 0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For, Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 7 of 9 ORDINANCE: Second Public Hearing: 3. Motion to Adopt: Ordinance No. 05-2009; Sign Code. Attorney Garganese read Ordinance No. 05-2009 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Attorney Garganese stated the one change that was requested at First Reading has been made to this Ordinance in Chapter 94-78 paragraph (c) and stated that Todd Morley, Building Official, has some other issues he would like to address. Mayor Randels inquired if the Draft dated June 18, 2009 is the most current draft they would be working off of and Mr. Morley responded yes. Mr. Morley proceeded to highlight the following: • Maximum Height of any sign, according to this code, would be twenty feet (20 ft.) and one of the issues talked about lately is what would happen to non -conforming signs. Mr. Morley stated that he wanted to reiterate that if you have a sign that is greater than 20 ft.; it does not mean that you have to remove that sign if this ordinance is adopted. He further explained that it puts it in non- conforming status which means if it is destroyed, fifty percent of its value can only be rebuilt as a conforming sign; 20 ft. There is no sunset amortization provision in this code. • The only new signs that this code allows are monument signs and pylon signs up to twenty feet. • Monument signs are encouraged by saying electronic signs can go into them and in the case of a pylon sign you can only get electronic signs by a procedure through the City Manager's Approval. That pylon sign must be limited to 20 ft. high and conform to all other aspects of the code. Mr. Morley stated he proposed to put this language in the code: Section 94-6 (aa) under Prohibited, City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 8 of 9 page 11; Pole Signs, However, the City Manager may grant an administrative variance for pole signs if the City Manager determines the subject property cannot accommodate a monument sign due to physical size, building and setback constraints of the Property. In order to be considered for approval, the overall height of the sign shall be no greater than 20 ft., the sign must comply with all other applicable codes. Mr. Morley clarified that pylon signs are permitted by the new code as a new sign provided they do not exceed 20 ft. and responded to Attorney Garganese that this is the language he sent him slightly revised by omitting the pylon signs portion. Mr. Morley asked for permission to add the language to the code and proceed to the next item. • Discussion followed on this portion of the Sign Code regarding electronic signs, flat screen computer signs, hardship provisions, administrative variance procedures, visibility issues and size and height of signs. • Mr. Hart' Pearson, Planning and Zoning Board, shared his concern over the Gas Stations in the City and how dropping the sign height to ten feet (10 ft.) would be a traffic hazard. • Mr. Alan Beal, business owner, expressed that he was under the impression that he would only have to drop his thirty foot (30 ft.) sign down to twenty feet (20 ft.) without having to get approval. • Mr. Morley read Section 94-85 (b) Variances and stated that variances are rarely requested. He noted there are two (2) variance provisions in the Sign Code chapter. • Mayor Pro Tem Hoog recalled that at the First Reading of the Sign Code, Council had previously agreed to let business owners have reader board signs and drop their signs from 30 ft. down to 20 ft. without having to get approval with a variance. Mr. Morley stated there is no consensus on the Council for making this an allowable option right now. • Ms. Joyce Hamilton, resident, expressed her opinion that it is a good idea to give the businesses incentives for new signs, but urged Council not to make them do things that they cannot afford. She suggested alternatives such as helping with financing or grants. • More discussion continued. • The City Council was not able to come to consensus on the Second Reading of the Sign Code. City of Cape Canaveral, Florida City Council Regular Meeting July 7, 2009 Page 9 of 9 Due to the lateness of the hour, the rest of the agenda items were not discussed. ADJOURNMENT: There being no furry �i0ess, the Meeting adjourned at 10:05 P.M. Rocky Randels, MAYOR Mia Goforth, Acting D@Kty City Clerk