CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
September 6, 2005
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting
to order at 7:00 P.M.
ROLL CALL:
Council
Members Present:
Council Member Burt
Bruns
Mayor
Pro Tem Bob
Hoog
Council
Member Buzz
Petsos
Mayor Rocky
Randels
Council
Members Absent:
Council
Member
Others
Present:
City
Manager
City
Attorney
City
Clerk Susan
Stills
City
Treasurer
Building Official
Mayor
Randels announced the presence of “Flat Stanley,” at the City Council Meeting.
PRESENTATIONS:
Recognizing Sponsors of the 2005 National Night Out.
Coporal [Cpl.] Mitch Boshnack thanked the local
businesses that sponsored the 2005 National Night Out. The following companies participated in the
event: Fish-Lips Restaurant, Sun Cruz and Sterling Casino Lines, the Pepsi-Cola
Company and Canaveral Meats and Deli. Cpl Boshnack presented a plaque to the
representative from Fish-Lips Restaurant. He explained how the National Night
Out was an opportunity for local Law Enforcement to address public safety
concerns in a community setting. Mayor
Randels recognized both Cpl. Boshnack and Cpl. Brenda Deans for their new
off-precinct site near
CONSENT AGENDA:
1.
City
Council Regular Meeting Minutes of August 16, 2005.
2.
Resolution No. 2005-23; Appointing a Regular Member of
the Beautification Board, Judy Hale.
3. Resolution
No. 2005-24; To Officially
4. Resolution
No. 2005-25; To Officially
Mayor Randels explained that
the official street names were at the request of the Brevard County Emergency
911 System Program. These drives are
privately owned and will be privately maintained. Mayor Randels questioned if both owners
permission was obtained to name
Mayor Randels asked if any Council member, staff or
interested party desired to remove any of the Consent Agenda items for
discussion.
No request was made to remove any of the items for
discussion.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
5. Motion to Adopt: Quarterly Treasurer’s Report and Budget Transfers for the Period Ending June 30, 2005.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt the Quarterly Treasurer’s Report and Budget Transfers for the Period Ending June 30, 2005. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For.
6. Motion
to Approve: The
Mayor Randels explained that
these items are forwarded annually to the League and Mayor Pro Tem Hoog would
submit the City’s priorities to the
Mayor Randels related that he
sat on the
Mayor Randels summarized that
fireworks, gaming ship dumping and annexation reform were the stated issues.
Mr. Bruns expressed concern with funding spent on the
Ms. Shannon Roberts inquired
about the pedway in the United Space Alliance area. Mayor Randels replied that there were
concerns with minimal use; however, grant funding was applied for to apply to the
north-end of the Canaveral drainage ditch.
Ms. Roberts asked the Council to consider the properties at the corner
of
Mr. Boucher re-stated the
priority list as fireworks, gaming ship sewage dumping and
No Motion Was Made on This Item.
ORDINANCES:
Second Public Hearing:
7. Motion to Adopt: Ordinance No. 14-2005;
Responding to a Recent U.S. Supreme Court
Decision of Kelo v. City of New London, Providing for Limitations on City
Council’s Authority to Exercise Eminent Domain Power Solely for Economic
Development Purposes, at Second Reading.
Mayor Randels read Ordinance
No. 14-2005 by title.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL,
FLORIDA, RESPONDING TO THE RECENT UNITED
STATES SUPREME COURT DECISION OF KELO V. CITY OF NEW LONDON, 125 S. Ct. 2655
(2005); PROVIDING FOR LIMITATIONS ON THE CITY COUNCIL’S AUTHORITY TO EXERCISE
EMINENT DOMAIN POWER SOLELY FOR ECONOMIC DEVELOPMENT PURPOSES; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO
THE CODE, SEVERABILITY, AND EFFECTIVE DATE.
Mayor Randels explained that
the ordinance reads that City Council shall not exercise the power of eminent
domain power solely for economic development purposes. Mr. Petsos and Mr. Bruns agreed on an article
in the local newspaper to inform citizens of the Council’s intent in adopting
the ordinance. Mr. Frank Kunz, of
A motion was
made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 14-2005 at
Second
ORDINANCES: First Public Hearing:
8.
Motion to Approve: Ordinance No. 12-2005; Amending
Chapter 82, Providing for Updates to the
Mayor Randels read Ordinance
No. 12-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE ENTITLED BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
Mayor Randels explained that
City Council discussed the item on June 21st and sent the item back to staff
for a comparison between the International Property Maintenance Code [IPMC] and
the Standard Housing Code. Todd Morley, Building Official, stated that the City
would adopt the 2004 Florida Building Code by October 1, 2005. He also stated that the Standard Housing Code
was no longer needed. Mr. Morley found
that the IPMC would benefit Code Enforcement regulation since the City code has
a broad application; whereas, the IPMC was more specific. Mr. Morley reviewed some of his comparative
findings.
Mayor Pro Tem Hoog asked if
expending funds for emergency repairs of a private building or structure occur
at the City’s expense. Mr. Morley affirmed
that the jurisdiction would assume the cost of emergency work. In response to a question from the audience, Mr.
Morley referred to the subject of structures unfit for human for human
occupancy. He read the criteria from the
IPMC as to what would constitute unfit for human occupancy. Mr. Kunz replied that there were other options
for compliance in landlord/tenant issues aside from City code intervention. He stated that the IPMC regulatory powers
appeared to infringe on rights. Mr.
Morley reminded that Code officials would apply regulatory powers with good
judgment and the code is merely a tool for regulation.
Mr. Morley reviewed grading and
drainage requirements to abate stagnant water and the code on exhaust vent
discharge to not create a nuisance to adjacent properties. Mayor Pro Tem Hoog pointed
out that this was addressed through the mechanical code. Mr. Morley reviewed premises identification
standards of four-inch lettering versus the existing three-inch lettering. He
highlighted the specific code for refrigerator disposal to remove the doors
that is not addressed in the existing code. Mr. Morley informed the Council
that the ordinance could be drafted to Council’s specifications.
Mr. Morley continued review and
pointed out that the code called for approved garbage containers. Mayor Randels noted that existing garbage must
be bagged within roll-off containers. Mr.
Morley reviewed the square footage requirements and the criteria for functional
sleeping room area. Mr. Bruns replied
that two people per bedroom is an existing property management standard. Mr. Kunz informed that one family in the City
with a number of children would be subject to violation. Mr. Morley read from the IPMC on the negative
effects of overcrowding.
Mayor Randels said that the
Council could readdress the IPMC in light of concerns raised at this
meeting. Mayor Randels concluded that
the Council and staff would perform a comparative review and provide comments
at the next Council meeting.
No Action Was Taken on This Item.
9.
Motion to Approve: Ordinance No. 15-2005; Amending
Zoning Setback Encroachment Exceptions; Providing for Residential Emergency Pad
Mounted Generators, at First
Mayor Randels read Ordinance
No.15-2005 by title.
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ZONING SETBACK
ENCROACHMENT EXCEPTIONS; PROVIDING FOR RESIDENTIAL EMERGENCY PAD MOUNTED
GENERATORS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE.
Mayor Randels
explained that this ordinance would create an additional setback encroachment
exception. He presented the definition
of an emergency pad mounted generator as one that does not assist in a life
safety situation. Mr. Morley reviewed
Section 110-284 and noted that Item (7) referred to a residence and recommended
a change of wording to structure. He informed
that the Fire Chief requested a dormant generator to prevent combustion in an
emergency and he also thanked Mayor Pro Tem Hoog for addressing exhaust fumes.
Mayor Pro Tem Hoog
replied to Mr. Kunz that he has installed five emergency generators at this
time. He also replied that each might
register 80 decibels. Mr. Morley replied
to Mr. Kunz that the ordinance specifically addresses that the generators were
for emergency purposes. Mayor Randels explained to Mr. Kunz that the City has
setback requirements in order to maintain citizen’s rights. Discussion followed on the ordinance addressing
a residence versus the term public use.
Attorney Garganese replied that the ordinance title states residential
emergency pad mounted generators.
Attorney Garganese stated that the Council could remove the term
residential.
Mr. Morley reminded
that these generators could not be mounted below the base-line elevation. Mayor Randels asked if the Council planned to
strike the word residential.
Discussion also continued
on the terminology addressing public use.
Attorney Garganese stated that the word public could be defined as a
governmental facility. Ms. Bea McNeely noted a change in the acronym from RPMG
to PMG. Mr. Donald Dunn asked how the ordinance would impact condominiums with
combined meters. Mayor Pro Tem Hoog
replied that a condominium might not allow for them under document regulations.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Adopt Ordinance No. 15-2005 at First
SITE PLAN:
10. Motion to Approve:
Mayor Randels stated that this
application met with Community Appearance Board review on August 15th,
the Planning and Zoning review on August 10th and also met the City Engineers,
City Planner and Fire Department review. Mayor Randels explained that in 2003
Verizon chose the City’s Public Works facility to locate a tower; however, the
plan was not accepted since a pole could not exceed three times the height of
the nearest residence. Verizon then
found a location in the City’s Industrial zoning district.
Ms. Sheryl Denan, Verizon
Wireless Agent, of
Mayor Randels asked about the radio
frequency circumference. Ms. Denan
replied that the next adjacent tower was located at
Mr. Boucher informed that
Communications Concepts International reviewed the Time Warner location and
found it unacceptable for a microwave repeater link to Rockledge. Ms. Denan stated that the tower in
Mr. Boucher asked about the number
of possible additional poles in the M-1, Industrial zoning district. Mr.
Mr. Donald Dunn inquired about the
base diameter for a lighthouse tower and Mr. Petsos referred to the WESH
Doppler tower on I-4 in
A motion was made by Mayor Pro
Tem Hoog and seconded by Mayor Randels to Approve the Site Plan for the
REPORTS:
1.
City
Manager
·
Mr.
Boucher announced that the Cape Canaveral Fire Department, the Brevard County
Sheriff’s Office, the City and the Cocoa Beach Police Department are working
toward Hurricane Katrina relief
efforts. A tractor trailer in the
·
Mr. Boucher
informed that the City’s population increased to 10,034.
·
Mr.
Boucher related that he forwarded a letter to the Florida Department of
Transportation to lower the speed limit on
·
Mr.
Boucher informed that Mr. Martin Greene
withdrew the mixed-use development application for Mermaid Key.
2. Staff
Building Official
·
Mr.
Morley announced that Michael Richart transferred from the Streets/
Maintenance Division to the Building Department.
City Clerk
·
No
report.
City Attorney
·
No
report.
AUDIENCE TO BE HEARD:
·
Mr.
Frank Kunz of
3. City
Council
Mr.
Bruns
·
Mr.
Bruns thanked Mr. Hoog for bringing up residential use along
·
Mr.
Bruns inquired about the rental terms.
Mr. Boucher replied that the Planning and Zoning Board would focus on a
timeframe.
·
Mr.
Boucher affirmed that the next Agenda
would rescind the mixed-use development agreement.
·
Mr.
Bruns inquired if any other action could be taken to assist Mr. Petsos on the gaming
ship sewage dumping issue. Mr.
Petsos replied that Senator Mike Haridopolos and Representative Bob Allen also
supported the issue.
Mr. Petsos
·
Mr.
Petsos informed that he would like to submit the gaming ship sewage dumping
issue to the League at an Environmental Committee session in
·
Mr.
Petsos related how the City might share a grant with the County for protective turtle nesting lights.
He related that Sandy Sanderson of Florida Power & Light encouraged the
City to submit repairs to protective lighting damaged in the storms.
·
Mr.
Petsos requested a breakdown on the City’s tax funds used in the County. He reminded that the City is not a
Mayor Pro Tem Hoog
·
No
report.
Mayor Randels
·
Mayor
Randels reported 354 students at
·
Mayor
Randels noted Lyn Dowling’s article on the City’s accessible municipal customer service.
·
Mayor
Randels reported that the Cocoa Beach Area Chamber of Commerce chose Commander Doug Scragg as a
·
Mayor
Randels displayed a photo of Ms. Christine Todd-Whitman former New
Jersey Governor and current Environmental Protection Agency Administrator and displayed her book, “It’s My Party, Too.” He listed the book’s four main points of
successful government as someone that: limited government, has lower taxes,
uses the power of the markets and has a strong national defense.
· Mayor Randels informed that the Base Realignment and Closure Committee was able to preserve the Naval Ordinance Test Unit saving 1,000 jobs and $65 million in the Brevard economy; however, Canaveral Port Authority would not gain the Trident basin. A cooperative land agreement trade might be in progress between the Port and the Air Force.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:00 P.M.
_________________________________
Rocky
Randels, MAYOR
________________________________