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HomeMy WebLinkAboutMinutes 09-06-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September s, 2005 7:oo PICT MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Mayor Burt Bruns Bob Hoog Buzz Petsos Rocky Randels Council Members Absent: Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Mayor Randels announced the presence of "Flat Stanley," at the City Council Meeting. Stanley is a paper -based character that travels by letter around the country and abroad. Mr. Bruns explained that school students send the character to various places to gather information from the places visited. Mr. Petsos informed that Fiat Stanley has also visited space. PRESENTATIONS: Recognizing Sponsors of the 2005 National Night out Caporal [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 City of Cape Canaveral. Florida City Council Regular Meeting September fi. 200*9 Page 2 of 10 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 Cape View Elementary School and their new role as Special Operations. CONSENT AGENDA 1 . City Council Regular Meeting Minutes of August 15, 20050 2. Resolution No. 2005 -23; Appointing a Regular Member of the Bea utif cati o n Board, Judy Hale. 3. Resolution No, 2005 -24; To officially Name Mango Manor Drive in the City of Cape Canaveral, Florida. 4. Resolution No. 2005 -25; To officially Name Kings Lane in the City of Cape Canaveral, Florida. 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 Kings Lane since the southern portion was owned by Louise Starita and the northern portion by Howard and Betty Gould. 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 Tern Hoog and seconded by Mr. Petsos to Approve Consent Agenda Items No. I through 4. The vote on the motion carried 4 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 5. Motion to Adopt: Quarterly Treasurers Report and Budget Transfers for the Period Ending June 30, 2005. Andrea Bowers, City Treasurer, stated that the City's revenues are well above average. She replied to Mayor Pro Tern Hoog that that City received Federal Emergency Management Agency reimbursements. Ms. Bowers explained that quarterly adjustments are made to the Annual Budget to account for its evolution throughout the year. Mr. Petsos noted an increased fuel cost of $6,000. He requested that staff revise the Tentative Budget in light of gas price increases. City of Cape Canaveral, Florida City Council Regular Meeting September 6, 2005 Rage 3 of 10 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 Space Coast League of Cities Legislative Priorities for 2006. 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 County Legislators for presentation to the State. Mr. Petsos called for a law on gaming ship sewage dumping. Mayor Pro Tem Hoog replied that the League supports gaming ship dumping as well as Annexation Reform and fireworks regulations. Mayor Randels related that he sat on the State Road [SR] Al Corridor Study Committee that compiled a priority list of improvements. He desired to see support for these road enhancements. Mr. Boucher explained that the proposed plan outlined an urban cross- section, better lighting and intersection improvements were proposed. Mr. Petsos noted that although noteworthy, SR Al A did not have countywide impact. He encouraged support for SR Al improvements with the City of Cocoa Beach. Mayor Randels summarized that fireworks, gaming ship dumping and annexation reform were the stated issues_ Mr. Bruns expressed concern with funding spent on the Melbourne Airport. Mayor Pro Tern Hoog replied that discussion on the Melbourne Airport primarily occurs at the State level. He stated that he did not; however, desire to submit Annexation Reform to the League as a priority as he preferred to address beach re- nourishment. Mr. Petsos stated that this issue impacts other beachside communities from which the City could gain support. Mayor Pro Tem Hoog also expressed support far SR Al A Improvements because of its relevance to a seat on the County Metropolitan Planning Organization. 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 Central Blvd. and North Atlantic Avenue as well as Shorewood Avenue and North Atlantic Avenue for park land. Mr. Boucher re the priority list as fireworks, gaming ship sewage dumping and state Road Al A Arterial Drove . Mayor Pro Tem Hoog desired to include beach re- nourishment especially in the south County. Mayor Randels related Congressman Weldon in the 2005 Florida Resources Water Development Act achieved a four point plan. The plan included that the Corps of Engineers provide assessment of the impact on the Canaveral Inlet. The Corps agreed to fully recover the cost already borne by coastal communities. The Corps would pay for the General Reevaluation Report. The City of Cape Canaveral, Florida City Council Regular Meeting September 6, 2005 Page 4 of 10 Corps would also install a settlement trap on the south side of the Port Canaveral jetty that would enable sand replenishment back to the shore. No Motion Was Made on This item. ORDINANCES: Second Public Heads 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. CL 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 Central Blvd., asked if the language read, that the City "shall" or "will not exercise its powers. The City Attorney replied, "shall not" saying that the word shall carries more weight for legal purposes. A motion was made by Cllr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 14 -2005 at Second Reading. The vote on the rnotion carried 4-0 with voting as follows: Mr. Bruns, For Mayor Pro Tern Hoop, For; Mr. Petsos,, For and Mayor Randels, For. ORDINANCES: First Public Headng: 8. Motion to Approve: ordinance No. 12 -2005; Amending C r 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 ENTITLED BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BLMLDING 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. City of Cape Canaveral, Florida City Council Regular Meeting September S, 2005 Page 5 of 10 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 [IPMC1 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 Tern 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 officals 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 Dade. 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 Rams cane uded that the Council and staff would perform a comparative review and provide carp merits at the next Council mieeting. No Action Was Taken on This Item. 9. Mobon to Approve: ordinance No. 15 -2005; Amending Zoning Setback Encroachment Exceptions; Providing for Residential Emergency Pad Mounted Generators, at First Reading. City of Cape Canaveral, Florida City Council Regular Meeting September 6, 2005 Page 0 of 10 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 Reading. The vote on the mofion carried 4-0 with voting as follows: Mr. Bruns, Far; Mayor Pro Tem Hoag, For, Mr. Petsos, For and Mayor Randels, For. SITE PLAN 10. Motion to Approve: Verizon Wireless Communication Tower at 350 Imperial Blvd, Mayor Randels stated that this application met with Community Appearance Board review on August 15 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 City of Cape Canaveral, Florida City Council Regular Meeting September 5, 2005 Page 7 of 10 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 Cites Industrial zoning district. Ms. Sheryl Denan, Verizon Wireless Agent, of 6W Barcelona Court, Satellite Beach, FL addressed the Council. She explained that Verizon is working on a Mutual Agreement with the Sheriff's Office for communication services. Ms. Denan replied to Mr. Petsos that camouflage was discussed during the Community Appearance Board review. She stated that Verizon met the site plan review requirements. Mr. Petsos replied that this was however, Verizon's first review at the Council level and he desired to see some form of camouflage. Mayor Randels asked about the radio frequency circumference. Ms. Denan replied that the next adjacent tower was located at Xanadu Towers in Cocoa Beach. She stated the diameter as a 2.5 mile radius. Discussion continued on aesthetic additions to the tower. Ms. Denan replied that limiting collocation was a concern in changing the tower aesthetics in addition to increased costs_ This pole allowed four carriers. Mr. Petsos stated that he would not approve the application without some type of camouflage. Mayor Pro Tem Hoog stated that he supported the tower in light of communication between the Sheriffs Office and the Fire Department. 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 Melbourne Beach was 180 -feet and informed that Verizon collocates on the communication tower on Courtenay Parkway. Ms. Denan stated for the record that Verizon met the setback and design standards of site plan review. Mr. Petsos replied that his perspective was for the betterment of the community. Mayor Pro Tern Hoog restated that he would support the tower to meet a Public Safety communications need. Mr. Boucher asked about the number of possible additional poles in the M -1, Industrial zoning district. Mr. Todd Peetz, City Planner, stated this pole would be positioned in the City's center. He stated that the only other locations were either at the Port or the other end of the City. Mr. Boucher related that the Verizon tower had an optimum location for collocation. Ms. Denan replied to Mr. Boucher that other carriers exist on the Rinker communication tower. 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 Orlando. Ms. Denan replied that Verizon did not offer that type of design. Ms. Shannon Roberts responded that the Community Appearance Board addressed questions of safety and visibility. She expressed her favor of the Verizon tower and stated that she would appreciate the increased level of service. A motion was made by Mayor Pro Tem Hoop and seconded by Mayor Randels to Approve the Site Plan for the Verizon Wireless Communications Tower at 350 City of Cape Canaveral, Florida City Council Regular Meeting September 6, 2005 Page 8 of 10 Imperial Blvd. The vote on the motion carried 3 -1 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Petsos, Against and Mayor Randels, For. REPORTS: l 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 Taylor Avenue parking lot would store supplies.. • Mr. Boucher informed that the City's popullation increased to 1 0,034. • Mr. Boucher related that he forwarded a letter to the Florida Department of Transportation to lover the speed limit on State Road Al A. • 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 Cleric • No report. City Attorney • No report. AUDIENCE To BE HEARD: • Mr. Frank Kunz of 102 East Central Blvd. addressed such language used by the Council as "perception" and "for the good of the people." He expressed his disfavor with Council and the City Attorney. He spoke on the Sheriff's office contract and referred to four murders in the City since the Change of command. Mr. Kunz said that the citizen's public safety needs are not adequately addressed and victims only receive a card with a case number. Mr. Kunz stated that residents are not receiving street patrols and Canaveral precinct cars have been witnessed in locations outside of the City. Mr. Kunz also expressed his disfavor with the City Manager. He Concluded that citizens deserve better from the City Council than the existing level of Law Enforcement service. City of Cape Canaveral, Florida City Council Regular Meeting September 6, 2005 Page 9 of 10 3. City Council Mr. Bruns • Mr. Bruns thanked Mr. Hoog for bringing up residential use along State Road Al in light of current concerns from neighboring cities. Mr. Bruns said that he would like to discuss this item on an upcoming Agenda. / Mr. Bruns inquired about the rental terms. Mr. Boucher replied that the Planning and Zoning Board would focus on a timefrar e. 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 Orlando. • 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 donor City as that is constitutionally illegal. Mayor Pro Tem Hoog • No report. Mayor Randels • Mayor Randels reported 354 students at Cape View Elementary School. • 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 Phoenix award recipient for outstanding contributions to the community in time of need. Mayor Randels pointed out the higher number of resolved cases. • 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 $B5 million in the Brevard economy; however, Canaveral Port Authority would not gain City of Cape Canaveral, Florida City Council Regular Meeting September f, 2005 Page 10 of 10 the Trident basin. A cooperative land agreement trade might be in progress between the Part and the Air Force. ADJoUFANMLNT: Thee being no further business, the Chair adjourned the meeting at 10:00 P.M. Rocky Randels, MAYOR Susan, CITY CLERIC t