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HomeMy WebLinkAboutMinutes 09-20-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 20, 2005 7:00 PM MINUTES CALL To ORDER: ROLL CALL; Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building official Todd Morley Public Works Director Ed Gardulski 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 Clearwater Florida. Mayor Randels stated that a subsequent item for discussion is pad mounted generators and Mr. Rega would provide an exercise to demonstrate the system's sound level. Todd Morley, Building official, stated that this demonstration is for the City Council and any residents concerned about the noise level of the pad mounted generator. Mr. Rega explained that he brought a 55kw unit in order to demonstrate the sound level through a quiet test. He explained that generators need to exercise or power -up periodically and a standby generator is a permanent fixture that would need to City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 2 of 15 exercise for 20 to 30 minutes per week. Generac systems were developed to perform this exercise automatically. Mr. Morgan asked about the noise level comparison between a 15 and a 55 rpm generator. Mr. Rega explained that Generaes 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 fife of most homes. CONSENT AGENDA 'l. City Council Regular Meeting Minutes of September 6, 2005" 2. Resolution No. 2005 -27; Reappointing Members to the Board of Adjustment (M. Rigerman, E. McMillin). 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 Perm for the Brevard County Traveling Skate Park. 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 B. Mr. Frank Kuhn requested to remove Item No. 1 for discussion. Mr. Kuhn, of 102 E. Central Blvd, Cape Canaveral, stated that he was under the impression that minutes of any kind of meeting must be accurate because they are history. Now he understands that they do not have to be accurate. Mayor Randels replied that the minutes do need to be accurate, but not verbatim. Mr. Kuhn asked if a Council person says something, pertaining to the meeting, is it recorded in the minutes? Mayor Randels replied that the minutes record the pertinent facts. City of cape Canaveral, Florida City council Regular Meeting September 20, 2005 Page 3 of 15 Mr. Kuhn restated "loo 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 clamed 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 cone -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 North Atlantic Avenue and towards the end of the meeting Mr. McMillin stated that council does not give a damn." Mayor Pro Tem Hoog responded to Mr. McMillin and said, "We are working hard to correct a past problem." In a following conversation, Mayor Pro Tem Hoog informed Mr. McMillin of facts pertaining to the issue. Mr. Morgan concluded that when a person makes a statement during a public meeting, the person should know what they are saying. 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 4 of 15 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 Harbor Heights to North Atlantic traffic. Mr. Nicholas also made remarks toward a raise for the City Manager; however, during Mr. Nicholas' time as City Manager, he did not refuse any raises. Mayor Pro Tem Hoog stated that he did not support Resolution No. 2005-27 and 2005 -30_ 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 City of cape canaverai, Florida City council Regular Meeting September 20, 2005 Page 5 of 15 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 Hoag stated that he asked for an adjoumment in the previous council meeting in order to not have to take abuse. Mayor Pro Tern 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. B. 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 5. 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. 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 6 of 15 CONSIDERATIONS: 7. Motion to Approve: Ranking of RFP 05-03, Continuing Landscaping and Maintenance services. Ed Gardulski, Public Works Director, stated the Request for Proposal would provide contracted services for the City's specialty landscape; for example, the poinsettias during the holidays. This would alleviate staff for other projects. Mr. Gardulski would compile a list of any future landscape projects to submit to the awarded firm for pricing. He informed that Green Blades ranked first and Vila and Sons ranked second. The third bid packet from Lowr/s Landscaping was incomplete and, therefore, eliminated from the process. He stated that Mr. Don Soderblom of Green Blades was available for questions. Mr. Morgan corrected the City's population as closer to 10,000 people. Mayor Pro Tem Hoog asked if Green Blades performed any other projects. Mr. Soderblom replied that he was formerly of Vita 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 Summer field 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 $24,9106 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 clamed for the audience that the City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 7 of 15 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 Recla on 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. oardulski stated that a meeting with the Building official would establish construction criteria. He explained that the plan comprises a two -story operations building to allaw 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. oardulski replied that there is an available building at Public Works with a hydraulic lift. Mr. Hortenstine stated that the firm is fully capable of ensuring that the building would meet construction ariteria 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. oardulski concluded that he would submit a requisition in order to begin construction in the beginning of the next fiscal year. A motion was matte 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 carved " 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 8 of 15 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 Hoag to Rescind ordinance No. 09-2005 Anwnding the Commpcehensive Plan, Future Land Use Element to Allow for Mixed -Use Devei nt The vote on the motion carried 5.0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, Far; Mr. Petsos, For and Mayer Randels, For. ORDINANCES: Second Pic Heari 11. Motion to Adopt: Ordinance Now 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; City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 9 of 15 PROVIDING FOR RESIDENTIAL EMERGENCY PAD MOUNTED GENERATORS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Mayer 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. 5 "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 Ordi nance 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 Head �++nwnr■ - - - ufrii �nr i�i�i. M+.rri+rirrnni.nnni���� 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 10 of 15 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 -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 111 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 #m 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. Mcxley was unaware if building security was addressed. Mr. Morley addressed Item No. 384.18.1, 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 11 of 15 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 terra 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 oarganese 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 carved 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 i n the C -1 Corrrmercial Zoning Districts. Mr. Todd Peetz, City Planner, displayed a color coded reap 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 City of Cape Canaveral, Florida City council Regular Meeting September 20, 2005 Page 12 of 15 and requested to preserve State Road Al A 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 Al A. 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 Al A. This would allow for proper public notice. council discussed if the intent would apply to one section of SR Al A or SR Al A in its entirety. Mayor Randels summarized that the City Attorney would prepare a morMoriurn 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 Hearin : 15. Motion to Approve: Ordinance No. 18 -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 Di stn ct By Special Ex n, at first reading. Mayor Randels read ordinance No.1 &-2005 by tile. 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 FOft CONVEYOR SYSTEMS; AMENDING ARTICLE IX, SECTION 110 -538, of THE CODE OF ORDINANCES RELATING To ENCROACHMENTS; ALLOWING CONVEYOR BELTS WITHIN SETBACKS IN THE M4 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES City of cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 13 of 15 AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABI LITY 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. Mayer 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. 15 -2005 at First Reading. The vote on the motion carved 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 14 of 15 Boucher suggested a joint workshop with the Planning and Zoning Board on the issue_ Mr. Morgan inquired about the Count)(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. Public Works Director • 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. 0 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 2 " at the Melbourne Library. He would forward a press release to the City Council. I City Council Mr. Petsos • Mr. Petsos announced a Sea oats planting on October I" 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. City of Cape Canaveral, Florida City Council Regular Meeting September 20, 2005 Page 15 of 15 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. 64,/ CaOki-/QQ■e& Rocky Randels,(MAYOR Susa =$tiH ,,CITY Cl RK ;. Cie