CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
September 20, 2005
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council
Members Present:
Council Member Burt
Bruns
Mayor
Pro Tem Bob
Hoog
Council
Member Jim
Morgan
Council
Member
Mayor Rocky
Randels
Others
Present:
City
Manager
City
Attorney
City
Clerk
Building Official Todd
Morley
Mayor
Randels made apologies for the manner of discussion allowed during the previous
meeting. He read from the City Code under Administration, Section 2-66, which
states “the presiding officer will maintain strict order and decorum while
considerations are presented to the City Council.” Mayor Randels read each Code Section
subparagraph pertaining to discussion and stated it his duty as Chair to
maintain decorum during Council meetings.
Mayor
Randels introduced, Mr. Joseph Rega, Regional Sales Manager for Generac Power
Systems, Inc. of
Mr.
Morgan asked about the noise level comparison between a 15 and a 55 rpm
generator. Mr. Rega explained that
Generac’s newly developed insulation helped to decrease the unit’s sound. Mayor Randels stated that the concern was the
amount of sound emitted during the exercise phase. Mr. Rega explained that stand-by generators
25 KW and above are rated to 2,500 hours and would last to the life of most
homes.
CONSENT AGENDA:
1. City Council
Regular Meeting Minutes of September 6, 2005.
2. Resolution
No. 2005-27; Reappointing Members to the Board of Adjustment (M. Rigerman,
3. Resolution
No. 2005-28; Reappointing Members to the Code Enforcement Board (C. Biederman
and J. Hale).
4. Resolution
No. 2005-29; Reappointing a Member to the Library Board (J. Deck).
5. Resolution
No. 2005-30; Reappointing a Member to the Planning and Zoning Board (L.
Nicholas).
6. Outdoor
Entertainment Permit for the
Mayor Randels asked if any Council member, staff or
interested party desired to remove any of the Consent Agenda items for
discussion.
Mr. Morgan requested to remove Items No. 2, 5 and 6.
Mr. Frank Kuhn requested to remove Item No. 1 for
discussion.
Mr. Kuhn, of
Mr. Kuhn restated “Do the minutes have to be
accurate?” and said further that, “What Council member Hoog said during the
previous meeting was not part of the meeting minutes.” The City Attorney stated
that the minutes are a summary of what occurs during the meeting. Mr. Kuhn contended that this was the first
time that he had heard that minutes do not have to be accurate. If a certain Council person says something,
as a Council member, he had never heard anywhere that it does not have to be
recorded. Mayor Randels again questioned what was wrong with the minutes. Mr. Kuhn replied what was said, “It is time
for us to leave, because I want to go home” was not in the meeting minutes.”
Mayor Pro Tem Hoog clarified that he called for an adjournment. Mayor Pro
Tem Hoog related that he sat through a similar discussion in a Fire
Department meeting that led to 15-pages of minutes for a one-half hour
meeting. Mr. Petsos stated that a
verbatim transcript is allowed if the person who requests the transcript
provides a Court reporter. That was his
interpretation of the statute. Attorney Garganese stated that the City is not
required to provide a verbatim transcript of a City Council meeting.
Mr. Morgan spoke on Item No. 2 and stated that at one
of the meetings he heard words come from Board member Earl McMillin that were
out of line. The words were an attack on
the City Council. Mr. Morgan replied to
Mayor Randels that he would consider not re-appointing Mr. McMillin. Mr. Petsos said that he preferred to learn
the particulars and have the City Manager review the minutes of those
meetings. Mr. Morgan requested to remove
the item from the agenda until the issue was resolved.
Mayor Pro Tem Hoog replied that the issue was the traffic on
Mayor Pro Tem Hoog read from his letter regarding Resolution No.
2005-27. He stated that he attends Board meetings regularly unless he must
attend a League of Cities function. He
observed Ms. Marilyn Rigerman during many Board of Adjustment meetings and
found her actions and her attitude toward the public to be very abusive. He also found that she seems to have a
personal agenda towards building and construction. Mayor Pro Tem Hoog stated that we, as public
servants, should look at what is good for the City. He believed that her
actions were not in the City’s best interest and he did not support Resolution
No. 2005-27.
Mayor Pro Tem Hoog stated that although Mr. Nicholas served the City for
several years as City Council Member, Mayor and City Manager; he was not in
support of his re-appointment to the Planning and Zoning Board. He stated that Mr. Nicholas serves on a
quasi-judicial Board that makes recommendations to Ms. Rigerman’s Board and he
found that in conflict. He stated that Mr. Nicholas did not show a good rapport
with the public. He also stated that Mr.
Nicholas did not serve the Council in the City’s best interest.
In the previous campaign year, Mr. Nicholas lashed
out at the Council as being run by developers.
Mayor Pro Tem Hoog stated that the Planning and Zoning Board on which
Mr. Nicholas serves makes the decisions that affect construction. Mayor Pro Tem Hoog observed Mr. Nicholas in
past meetings desiring to close off
Mr. Kuhn queried that if anyone should criticize the
Council or the City Manager, then they would not be re-appointed to a
Board? He stated this does not sound
like what is written in the Constitution. Mr. Kuhn questioned if only people
who agree with the Council were re-appointed to the Boards. Mr. Kuhn said that he read the letter written
of the last campaign regarding Mr. Boucher’s salary and after research, he
found that Mr. Boucher’s salary was more than that of City Manager in cities
with seven times greater personnel.
In response to Mr. Kuhn’s question, Mayor Randels
stated that he also read the rules of order at a previous meeting wherein he
allowed undue discussion from the floor toward the City Attorney. Mr. Kuhn
re-stated that if anyone criticizes a Council member, are they no longer
allowed to serve on a Board or asked to leave?
Mayor Randels stated that Board members are volunteers who ask to serve
and they share the philosophy of the City Council. Mr. Kuhn replied that the Council desired all
yes people.
Mayor Pro Tem Hoog stated that he rejected the Board re-appointments due
to the abusiveness of these people to the public. Mayor Randels stated the
desire for these Board individuals to receive another letter of interest and
also for them to have an opportunity to address the Council. Mr. Petsos stated that the Board members
should share the philosophy of the Council, and he said he believed that the
Board’s attitude should be respectful to the public. He desired to hear from City staff prior to
making a decision.
Mayor Randels related that a recent Code Board member
chose not to continue on the Board if his presence was not contributory. Mr. Kuhn asked the Mayor, as the top elected
official, if he ever received a letter of complaint on Mr. Nicholas. Mayor
Randels replied that he had not. Mr. Kuhn stated that a letter of complaint
should have been submitted from someone.
Mayor Randels replied that Council makes decisions based on the
information provided at the meeting time.
Ms. Bea McNeely, Planning and Zoning Board
Chairperson, expressed her opinion: 1) she stated that she welcomed diverse
opinions from the Board and said further that Mr. Nicholas has a wealth of
knowledge that he brings to the Board and he only constitutes one vote, and 2)
Ms. Rigerman gives careful and thoughtful study in her review of materials
presented to the Board.
Mayor Randels clarified that in addition to
re-sending the letters of interest to the Board members; he also desired that the
Council take no action on the item until the General Election. Mayor Pro
Tem Hoog stated that any person could go to any of the meeting tapes to
listen to Board member responses. He
said that he found Mr. Nicholas’ attitude abusive with the exception of the
most recent meeting. Mayor Pro Tem Hoog stated that he asked
for an adjournment in the previous Council meeting in order to not have to take
abuse. Mayor
Pro Tem Hoog stated that he received feedback from the meetings on how
the public was treated. He concluded
that people should be treated with respect in public meetings. Mr. Petsos
expressed the importance of Board members to share the Council’s vision for the
community.
Mr. Morgan pointed out the matter of exposure to
liability under Item No. 6. Attorney
Garganese stated that the City carries additional protection under the Florida
Statutes for liability. Mr. Boucher
stated that participants must carry proof of insurance, sign a waiver and the
County also carries insurance.
A motion was made by Mr. Petsos and seconded
by Mr. Bruns to Approve Items No. 1, 3, 4 and 6. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For;
Mr. Petsos, For and Mayor Randels, For.
Mr.
Petsos thanked Mayor Pro Tem Hoog for his comments and requested to listen to
the tapes of the Board meetings.
A motion was made by Mr. Petsos
and seconded by Mr. Bruns to Table Items No. 2 and 5 With No Time Certain. The
vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
The Chair called for a recess
at 7:55 P.M. in order for the Council and interested parties to observe the
generator exercise.
The meeting re-convened at 8:04
P.M.
CONSIDERATIONS:
7. Motion
to Approve: Ranking of RFP 05-03,
Continuing Landscaping and Maintenance Services.
Mayor
Pro Tem Hoog asked if Green Blades performed any other projects. Mr. Soderblom replied that he was formerly of
Vila and Sons. Mayor Pro Tem Hoog asked Mr. Gardulski how he arrived at his
ranking decision. Mr. Gardulski replied
that he received delayed service with Vila and Sons on the City South Entrance
sign project that influenced his decision. Mr. Petsos questioned Green Blade’s
proximity to Cape Canaveral with regard to service. Mr. Soderblom stated that the company was
based in Summerfield; however, the City would obtain service from the Viera
office. Mayor Randels clarified that Mr.
Gardulski would begin to negotiate pricing once the ranking is approved. Mr. Frank Kuhn asked if this would replace
any City personnel. Mayor Randels
clarified that this contract was for specialty landscape planting so as not to
encumber City personnel. The contracted
personnel were not full-time employees.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Ranking of RFP 05-03, Continuing Landscaping and
Maintenance Services in the order of Green Blades of Summerfield as Number One
and Vila and Sons, Inc. as Number Two.
The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Morgan, For; Mr. Petsos, For and Mayor Randels, For.
8.
Motion
to Approve: Brown and Caldwell Proposal
to Provide Engineering and Services for a Facility Equipment Evaluation of the
Water Reclamation Facilities in the Amount of $24,910.
Mr.
Gardulski stated that the Facility Equipment Evaluation is one of the
preliminary Sewer Rate Study components.
Mr. Ted Hortenstine of Brown and Caldwell was available for any
questions. Mr. Ray Osborne of Holman
Road asked if the analysis was due to the population of the City or the age of
the plant. Mr. Gardulski replied the age
of the plant. Mayor Randels clarified
for the audience that the Evaluation was not due to any increased
population. The plant was completed
based on the City built out to capacity.
A motion was made by Mr. Morgan and seconded by Mr. Bruns to Approve
the Proposal from Brown and Caldwell to Provide Engineering and Services for a
Facility Equipment Evaluation of the Water Reclamation Facilities in the Amount
of $24,910. The vote on
the motion carried 5-0 with voting as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos,
For and Mayor Randels, For.
9. Motion to Approve: Brown and Caldwell Proposal to Provide
Engineering and Construction Services for a New Maintenance Building, in the
Amount of $26,727.
Mayor
Randels displayed photos and explained that the City has no existing storage
facility for equipment that results in rust through rapid oxidation. Mr.
Gardulski stated that a meeting with the Building Official would establish
construction criteria. He explained that
the plan comprises a two-story operations building to allow plant staff on the
upper level and administration on the lower lever. Mr. Bruns asked if there were an area planned
for equipment maintenance. Mr. Gardulski
replied that there is an available building at
Mr.
Hortenstine stated that the firm is fully capable of ensuring that the building
would meet construction criteria and regulations. He replied to Mayor Pro Tem Hoog that cost is
the determinant between constructing a block and a metal building. Mr. Boucher replied to Mr. Morgan’s question on
the motion to waive fees, that in the past the City would waive fees for grant
projects. Mayor Randels corrected the
motion to exclude that fees would be waived. Mr. Gardulski concluded that
he would submit a requisition in order to begin construction in the beginning
of the next fiscal year.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve a Proposal from Brown and Caldwell to Provide Engineering and Construction Services for a New Equipment Maintenance Building in the Amount of $26,727. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES:
10. Motion
to Rescind: Ordinance No. 09-2005,
Amending the Comprehensive Plan, Future Land Use Element to Allow for Mixed-Use
Development.
Mayor Randels read
Ordinance No. 09-2005 by title.
AN ORDINANCE
OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE
PLAN TEXT AMENDMENT, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE
FUTURE LAND USE ELEMENT TO ALLOW FOR MIXED-USE DEVELOPMENT; PROVIDING FOR
TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND
AN EFFECTIVE DATE.
Mayor
Randels explained that the applicant for the Mermaid Key Limited Liability
Corporation development submitted a letter requesting the City to rescind the
action to transmit a Comprehensive Plan change to the Florida Department of
Community Affairs. Mr. Ray Osborne of
Holman Road asked the Council to consider the larger picture beyond the Mermaid
Key development. He reminded that
Brevard Tomorrow made a presentation on Smart Growth. He spoke of the merits of mixed-use
development and said that mixed-use was working favorably in other cities in
the County. Mr. Morgan also spoke in
favor of the concept. Mr. Petsos stated that more acreage was needed for the
planned concept. Mr. Bruns stated also
that there was not a large enough tract of land in the City for the percentage
of residential or commercial in the mixed-use concept.
Mr.
Todd Peetz, City Planner, stated that he supported rescinding the existing
language. Mr. Morgan related that
although he was in favor of rescinding the ordinance, he was in favor of some
type of mixed-use development in the future.
Mr. Boucher reminded that in 2006, staff would work with the Planning
and Zoning Board on the Planned Urban Development section of the Comprehensive
Plan. Mr. Ray Osborne referred to Policy Element H-9.3 and said that Policy
might provide an avenue for the developer to proceed with his concept based on
that element.
A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to
Rescind Ordinance No. 09-2005 Amending the Comprehensive Plan, Future Land Use
Element to Allow for Mixed-Use Development. The vote on the motion carried 5-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tem
Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES:
Second Public Hearing:
11. Motion
to Adopt: Ordinance No. 15-2005;
Amending Zoning Setback Encroachment Exceptions; Providing for Emergency Pad
Mounted Generators, at Second Reading.
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 reviewed the revisions to the ordinance since the last meeting. He noted that under Item A, the word
emergency was stricken. He noted the word government was added to Item B. Mayor
Randels questioned the term, under Item No. 6 “mechanical code”; however, Mr.
Morley replied that the language was correct.
Mayor Randels noted under Item No. 7, the language was changed from
building to structure. Mayor Randels
clarified that the proposed ordinance would add an additional encroachment for
pad mounted generators. Mr. Morgan
stated that there are double-fronted lots in some City areas. He pointed out the difficulty of locating a
unit on a lot with narrow side or rear setbacks. Mr. Morley stated that the unit was allowed
for an encroachment based on its emergency nature. Mr. Morgan stated that the ordinance
determines what is the side or rear of a home based on the lot length and
width. Mayor Randels clarified that air-conditioning units may not project over
5-feet within a rear setback. Mr. Morley
stated that there is no other ordinance that addresses this subject and the
City of Miami is seeking assistance to draft a similar ordinance.
There
was no public comment.
A
motion was made by Mr. Morgan and seconded by Mr. Petsos to Adopt Ordinance No.
15-2005 at Second Reading. The
vote on the motion carried
5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Morgan, For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES:
First Public Hearing:
12. Motion to Approve: Ordinance No. 12-2005; Amending Chapter 82,
Providing for Updates to the Florida Building Code, at first reading.
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, BUILDINGS AND BUILDING REGULATIONS, RELATING TO
THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE
FLORIDA BUILDING CODE; REPEALING ARTICLES V, VI, VII, VIII AND X OF CHAPTER 82,
RELATING TO ELECTRICAL, PLUMBING, FUEL, GAS, MECHANICAL AND STANDARD BUILDING
CODES, RESPECTIVELY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
Todd
Morley, Building Official, stated that the Florida Building Code required a
tri-annual update. Mayor Randels questioned why some of the Code was dated
1997. Mr. Morley explained there were inconsistencies in the Code and the most
recent Florida Building Code would provide uniform code application.
There
was no public comment.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to
Approve Ordinance No. 12-2005 at First Reading. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
13. Motion to Approve: Ordinance No. 18-2005; Amending Chapter 82,
Buildings and Building Regulations, Adopting the 2003 International Property
Maintenance Code, Repealing Article III of Chapter 82, Relating to the Unsafe
Building Abatement Code, at first reading.
Mayor
Randels read Ordinance No. 18-2005 by title.
AN ORDINANCE OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS; ADOPTING THE
2003 INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ARTICLE III OF CHAPTER
82, RELATING TO THE UNSAFE BUILDING ABATEMENT CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mr.
Morley distributed a comparative of the 1998 and the 2003 International
Property Maintenance Codes. He stated
that 1998 International Property Maintenance Code is adopted within the
existing City code. His handout referred
to the specific amendments between the 1998 and the 2003 code. He noted that the jurisdiction would
establish the maximum height of weeds. He noted that swimming pools, spas and
hot tubs are specifically addressed. He said that Item No. 304.10 addresses
stairways, decks, porches and balconies that are not addressed in the existing
code. Mr. Morgan questioned if these
items were addressed in other portions of the code? Mr. Morley was unaware if building security
was addressed.
Mr.
Morley addressed Item No. 304.18.1, Doors that required deadbolts on entry
doors. Mr. Morgan expressed that he was
not in favor of many items in the proposed ordinance. Mr. Morley noted that discarded refrigerators
must have the doors removed. He noted Item No. 503.4 that a floor surface
required a smooth, hard, nonabsorbent surface.
Mr. Morley noted Item 704.3 and 4, power source for smoke detectors and
interconnection of smoke detectors, that must be hard wired. Mr. Morgan stated
that some of the items that might become adverse needed review before adopting
the ordinance.
Mr.
Morgan expressed that he found some of the requirements too personal. Mayor Pro Tem Hoog questioned the term
reasonably as it applied to permitting interconnection of smoke detectors. He stated that he was not in favor of the
word reasonably. Mr. Morley informed that he inserted the term reasonably into
the language. Mr. Morgan stated that the
term varied by interpretation from one Building Official to another. He said
that the ordinance had merit for new construction; however, it might prove
burdensome for existing homeowners.
In
response to Council’s question on adopting the code in part, Attorney Garganese
stated that the Council was not obligated to adopt the code in its
entirety. Mr. Morgan explained that he
was concerned for the people who were not financially able to apply the code to
existing property. Mr. Morgan requested
to meet with Mr. Morley to review the proposed changes prior to adopting the
ordinance and he requested a copy of the new code. Mr. Kuhn asked if this were the same code
that applied to the number of children allowed.
Mr. Morley replied that the 1998 Code stated the number of occupants were
a function of provided bedroom space. The existing definition of “family” is
anyone related by blood or marriage or four adults not so related.
Mr. Kuhn
stated that he has seen much of this code applied with the International
name. He related the History Channel
showed that Code Enforcement was gaining increased authority. Mayor Randels concluded that the proposed
ordinance could be tabled. Mr. Morley
questioned if only the 2003 provisions were under review or the 1998 code
also. He would meet with Mr. Morgan for
a review of both Code editions.
A motion was made by Mr. Morgan and seconded by Mr. Bruns to Table
Ordinance No. 18-2005 Without Time Certain. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Morgan, For; Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
14. Code
Section 110-334 (10) R-2 Residential Use by Special Exception in the C-1
Commercial Zoning Districts.
Mr.
Todd Peetz, City Planner, displayed a color coded map of City zoning
designations. Mayor Randels referred to
the great number of variances represented in the City’s zoning. Mr. Peetz
stated that there are over 300 parcels of land that allowed for residential
uses in commercial districts. Mayor Pro
Tem Hoog questioned the affect of residential areas in commercial zoning on
traffic studies. Mr. Boucher replied
that residential zoning essentially creates more density. Mr. Bruns noted the elimination of commercial
areas in the south County. He questioned
how City Council could acquire special exception application review. Mayor Pro Tem Hoog expressed his disfavor
with residential in commercial zoning and requested to preserve State Road A1A
as a commercial district. Discussion
followed on the allowable zoning setback for residential zoning in commercial
areas.
Mayor
Randels stated that Section 110-334 provides for a residential special
exception in a C-1 zoning district. Discussion followed on allowable special
exceptions. Mr. Petsos asked if
residential owners in the C-1 zoning districts would have vested rights. Attorney Garganese stated that any vested
rights applications would be viewed on a case-by-case basis. Prior to that, the applicant would need to
apply for a special exception and there was no guarantee that the residential
zoning would be granted. Discussion followed on existing residential zoning
allowed in commercial areas.
Mayor
Pro Tem Hoog clarified that the intent is to protect the intended zoning and he
referred to the newly established residential growth on State Road A1A. Mayor Randels asked if a moratorium were the
next course of action. Attorney Garganese stated that Council could return to
the Item for further discussion on a subsequent Agenda to establish a
moratorium on residential growth on State Road A1A. This would allow for proper public
notice. Council discussed if the intent
would apply to one section of SR A1A or SR A1A in its entirety. Mayor
Randels summarized that the City Attorney would prepare a moratorium ordinance
to address residential special exceptions in C-1 zoning districts. Mayor Randels read City Code Section 110-334,
Item No. 10.
ORDINANCES:
First Public Hearing:
15. Motion
to Approve: Ordinance No. 16-2005;
Amending Chapter 110, Article VII, Section 110-534, Relating to Special
Exceptions in the M-1 Light Industrial and Research and Development District;
Providing for Special Exception Criteria for Conveyor Systems; Amending Article
IX, Section 110-538 Relating to Encroachments; Allowing Conveyor Belts within
Setbacks in the M-1 Light Industrial and Research and Development District By
Special Exception, at first reading.
Mayor
Randels read Ordinance No.16-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ARTICLE
VII, SECTION 110-534, OF THE CODE OF ORDINANCES RELATING TO SPECIAL EXCEPTIONS
IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; PROVIDING
FOR SPECIAL EXCEPTION CRITERIA FOR CONVEYOR SYSTEMS; AMENDING ARTICLE IX,
SECTION 110-538, OF THE CODE OF ORDINANCES RELATING TO ENCROACHMENTS; ALLOWING
CONVEYOR BELTS WITHIN SETBACKS IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
Mayor
Randels stated that this ordinance would add an Item No. 16 to the existing
list of encroachments in the City code.
Mayor Randels read the proposed ordinance’s criteria, and he explained
the intent to transport aggregate products from the Port Authority into the
City limits. Mr. Randy May approached
the Council for questions. Mayor Pro Tem
Hoog questioned the transport system’s loudness and he expressed concern for
any future adjacent property. Mr. May
stated that operations would occur between 7 A.M. and 7 P.M. He stated that the transport system was fully
enclosed. Mr. May informed that the
process would occur within a half-day to three-quarters of one day. Mayor Pro Tem Hoog asked if the City’s noise
abatement ordinance would apply to this special exception system. Attorney Garganese replied that the special
exception referred to the time of operation.
Discussion followed on the potential noise level. Mr. May stated that only twice per year would
he transport pumice near adjacent property.
Mr. Ray
Osborne asked if the noise ordinance was rated in decibels. Mayor Randels replied that noise is subject
to the Building Official’s determination.
.
A
motion was made by Mr. Bruns and seconded by Mr. Morgan o Approve Ordinance No.
16-2005 at First Reading. The
vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Morgan, For; Mr. Petsos, For and Mayor Randels, For.
By unanimous decision, the Council continued the
meeting in order to hear staff reports.
REPORTS:
1.
City Manager
·
Mr.
Boucher turned reporting over to staff.
2. Staff
City Planner
·
Mr.
Todd Peetz stated that the Planning and Zoning Board compiled a list of
concerns for Council consideration regarding vacation rental properties.
He stated the concerns as enforcement standards, time lines, permitting,
amortization, daily taxes to the City and grandfathering clauses of rental
owners as well as parking, lighting and noise provisions. Items such as
enforcement standards might require additional City staff for regulation. The
Board also expressed the need for a placard inside the unit to express
standards of conduct for the visitor and on the outside with the manager’s name
and number available to the City for property maintenance. Mr. Boucher
suggested a joint workshop with the Planning and Zoning Board on the
issue. Mr. Morgan inquired about the
County’s status on the issue. Mr.
Boucher informed that there are ten identified rental properties in the
County. Council expressed agreement for a joint meeting with the Planning and
Zoning Board.
·
Mr. Gardulski stated that he and the City Manager had a telephone conference with
Brevard County Traffic regarding the left
hand turn lane on North Atlantic Avenue.
Brevard County authorized a notice to proceed.
·
Mr.
Gardulski informed that he is working
with BellSouth on the road-widening contract to resolve the speed bump
issue.
·
Mr.
Gardulski is working with the Code Enforcement Office to resolve spillover lighting on the beaches.
·
Mr.
Gardulski provided a notice to proceed to Benko Corporation on the Center Street park landscaping. He is seeking a contractor to pave the road
and will submit pricing at a later time.
Benko will pay for two-thirds and the City will pay one-third of the
cost for paving.
City
Attorney
·
The
School Board is working on the draft
agreement for playground equipment at Cape View Elementary School
AUDIENCE TO BE HEARD:
·
Mr. Ray
Osborne announced that the Florida
Humanities Council will sponsor a Grant Writing Workshop on November 2nd
at the Melbourne Library. He would
forward a press release to the City Council.
3. City
Council
Mr. Petsos
·
Mr.
Petsos announced a Sea Oats planting on
October 1st at Cherie Down Park beginning at 8 A.M. He suggested a cookout following the Planting
Event.
Mayor Randels
·
Mayor
Randels reported that a third semi-truck was obtained and donated items
continue to be received for the Hurricane
Katrina relief effort in Popularville, Mississippi.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 10:30 P.M.
__________________________
Rocky
Randels, MAYOR
________________________________