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HomeMy WebLinkAboutMinutes 10-04-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I Polk Avenue, Cape Canaveral, Florida TUESDAY October 4, 2005 7 :00 PM CALL To ORDER ROLL CALL: Council Members Present: MINUTES Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels (Arrived at 7:25 p.m.) Others Present: City Manager City Attorney Assistant City Clerk City Planner Building Official Stormwater Coordinator Bennett Boucher Anthony Garganese Virginia Haas Todd Peetz Todd Morley Jeff Ratliff CONSENT AGENDA I . city Council Regular fleeting Minutes of September 20, 2005. 2. Resolution No. 2005 -34; Reappointing a Regular Member to the Board of Adjustment (B. Laws). 3. Resolution No, 2005 -35; Reappointing a Regular Member and Two Alternates to the Library Board (J. Brown, H. Pearson and M. Ernst). 4. Resolution No. 2005 -35; Reappointing a Regular Member and Appointing an Alternate Member as a Regular Member to the Recreation Board (C. Trautman and G. Petre). City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 2 of 10 5. one -Year Renewal of the Street Sweeping Contract with USA Services of Florida, Inc. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Agenda Items No. 1 through 5. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For and Mr. Petsos, For. ORDINANCES: Second Public Hearin 8. Motion to Adopt: Ordinance No. 12 -2005; Amending Chapter 82, Providing for Updates to the Florida Building Code, at second reading. Attorney Garganese 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, Vil, Vill 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, SEVERABI LITY, AND AN EFFECTIVE DATE. There - was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 12 -2005 at second reading. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Morgan, For and Mr. Petsos, For. 7. Motion to Adopt: Ordinance No. 15 -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 second reading. Attorney Garganese 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 City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 3 of 10 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. Mayor Pro Tern Hoog explained that this Ordinance was reviewed and recommended by the Planning & Zoning Board to the City Council and has been duly advertised. Located on the south side of George King Boulevard, the system would Consist of an elevated Conveyor belt for the purpose of moving aggregate and other material. Mayor Pro Tem Hoog noted that Mr. Randall May was available to answer any questions. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 18 -2005 at second reading. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; and Mr. Petsos, For. ORDINANCES: First Public Hearing: 8. motion to Approve: Ordinance No 19 -2005; Imposing a Ninety (90) Day Moratorium on Special - Exceptions, Section 110 - 334(10) Allowing R -2 Residential within the C -1 Commercial Zoning District, at first reading. Attorney Garganese read Ordinance No. 19 -2005 by Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334 (10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C -1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C -1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE MATE. Mayor Pro Tem Hoog noted there have been Concerns raised over residential development in commercial districts. Mr. Petsos pointed out that the moratorium ordinance would Cover only the SR Al A Corridor and should it also Cover N. Atlantic Avenue, he would not support the ordinance. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 4 of 10 Mr. Todd Peetz, City Planner, explained how the commercial areas have evolved over time and noted that 310 Parcels are currently residential uses in C -1 commercial zoning districts. Mayor Pro Tem Hoog stressed that there was no intention to place this moratorium on N. Atlantic Avenue. Mr. Morgan inquired about a list of property owners who have site plans in progress or vested rights in residential usage. Mr. Peetz responded to Mr. Morgan that there is a special exception application for N. Atlantic Avenue and carver's Cove on SR A1A has inquired into a special exception however no paperwork has been filed. Mr. Peetz continued that another request for a special exception was north of Holman Road and south of Cape Shores Road, which was filed as a comprehensive plan amendment. Attorney Garganese stated that when a special exception is requested, this does not guarantee it will be granted. He continued saying what should be decided is the application deadline in order to afford property owners the ability to file a special exception. Mr. Morgan noted that the City gives notice to affected property owners and suggested an inquiry into property owners who intend to apply for residential use in C -1 zoning. Attorney Garganese asked if the council wanted to allow these special exceptions while the code is being modified. Attorney Garganese explained that the moratorium is adopted in order to maintain status quo while the City implements the code change. Attorney Garganese noted that the City could allow property owners a period of time to file an exception during the moratorium and stated that the ordinance must return before Council for two advertised meetings. Attorney Garganese added that property owners might also request a rezoning which the City council would vote upon rather than the Board of Adjustment. Mr. Petsos questioned the City's legal standing regarding previous granting of special exceptions. Attorney Garganese responded that special exceptions are granted on a case -by -case basis. Attorney Garganese replied to Mayor Randels that this was not a first reading on the moratorium ordinance and it should be treated as a discussion item. Mr. Boucher related to Mayor Randels that the moratorium Ordinance has been limited to the SR Al A corridor only. Mr. Lamar Russell stated that the Planning and zoning Board set about in the 1980's to rezone the City. The board was reviewing areas regarding SR A1A and blocks toward Poinsettia Avenue. Council members who owned land in or around these areas and who desired certain residential areas complicated the rezoning. The board at that time compromised, by allowing residential uses in commercial zoning through special exceptions. Mr. Russell stated that a property owner who purchases commercially zoned land does not have vested rights and they would only have a speculation of a special exception being granted for residential use. Mr. Russell continued that the character of the City has changed and special 9 p City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 5 of 10 exceptions are only granted provided they are controlled and compatible with surrounding land uses. Mr. Russell urged Council to adopt the moratorium and further to grant no more special exceptions for residential use in commercial zoning districts. Mr. Russell responded to Mr. Bruns that every past special exception before the Planning and zoning Board had been approved because they were all controlled and compatible. Mr. Russell responded to Mr. Bruns that the Board of Adjustment has denied no special exception. Mayor Randels reviewed the history of the zoning in the City. He noted that initially North Atlantic Avenue was the main artery where the storefront businesses were built. As the city grew, the SR A1A corridor was constructed and this became the main avenue of travel through the city hence the commercial district began displaying on SR A9A. Mr. Don Haynes related the benefits of residential uses such as Cape Gardens. He noted that the Board of Adjustment tends to be non - political and final special exception decisions should remain with that Board. Mr. Haines did not recommend removing the option of special exceptions to allow residential use in commercial zoning districts. Mr. Bruns stated that the City Council is only enacting the moratorium to maintain status quo. Mary Jane Nail stated that she owns property in Ocean Gardens and voiced against the moratorium. She stated that current businesses located in the City of Cape Canaveral are not attractive to her. She stated that the City has a strong Beautification Board and she feels the City should have the ability to move with the change and special exceptions are good for allowing change. Mr. Kevin Markey stated that he is working with Harold and Betty Gould regarding 190 Oak Manor Lane, with a pending special exception. Mr. Markey was assured that the special exception process could continue because the property is located on North Atlantic Avenue, which is not included in the moratorium. Mr. Craig Stewart, Oak Lane property owner, questioned Council wanting o 9 eliminate special exceptions. Mr. Stewart stated that he does not want to be mandated to build commercial. It was reaffirmed by Council that North Atlantic was not affected by the moratorium. Ms. Lois Palmer stated that she enjoys and uses the small businesses in the city such as Canaveral Meats. Ms. Palmer voiced in favor of the moratorium. Mr. Lamar Russell stated that City Council could eliminate special exceptions using an amortization period. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 5 of 10 Mr. Jonathan Ferguson, Attorney for Harold and Betty Gould, stated that the moratorium would not affect the Gould's property and thanked council for the clarification. Mr. Shawn Schaffner inquired why North Atlantic was not considered in the moratorium. Mr. Hoog replied that 90 percent of North Atlantic has converted to residential. There was no vote or motion on Ordinance 19 -2005. The Ordinance was treated as a discussion item only. Mayor Randels summarized that the ordinance would include SR A'I A corridor only and consist of a 90 -day moratorium, including a 60 day extension, if necessary. The deadline for applications for special exceptions relating to section 110 -334, residential use in C -1 commercial Zoning, is October 18, 2005. RFPnRTfi- '1. city Manager ■ Mr. Boucher reported on the stormwater grant for the North Central Ditch project. Grants will cover 74% of the project. The City's share will be only $134,000. ■ Mr. Boucher reported that the sewer force main bid award will return to the bidding process. ■ Mr. Boucher reported that there would be a Metropolitan Plannin Organization meeting on October 13, 2005 at 9 a.m. in the Government Center. ■ Mr. Boucher reported that the Florida Department of Transportation denied the City's request to lower the speed limit on SR AIA; however, the speed limit can be lowered on the overpass from 55 mph to 45 mph. ■ Mr. Boucher reported that the Port Authority would be closing George King g Boulevard Thursday night at 8 pm for installation of the conveyor system. 2. Staff Building official ■ Mr. Morley reported that Code Enforcement and the Public Works Depat'tment are working together to identify problem overflow fighting in regards to the sea turtles. 9 9 City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 7of10 City Attorney • No report AUDIENCE TO BE HEARD: Mr. Ray Osborne, Holman Road, announced that he had arranged a panel discussion entitled "The History of Cape Canaveral" on January 28th at the Cape Canaveral Library. Mr. Osborne invited the Council Members for their support and involvement in this program. Mr. Osborne noted that the September 20, 2005 City Council Meeting minutes should reflect the comprehensive plan policy element H9.3 on page 8. 2. City Council Burt Bruns • Mr. Bruns reminded board and council members to make an effort to speak into the microphones so that speakers are audible on the recordings. • Mr. Bruns inquired about the recommended changes for rental restrictions. • Mr. Bruns asked about the status of 8208 Astronaut Boulevard. Mr. Boucher reported that staff is contacting the representing attorney to advise them of the violations. Council inquired if the city could revoke the settlement agreement. Mr. Boucher stated that should violations not be corrected it would be placed on the next City Council agenda. Mr. Petsos • Mr. Petsos inquired about where donor city funds are being used by the county. Mr. Boucher responded that an official fetter would be forwarded to the County Manager requesting where city funds are being utilized. • Mr. Petsos asked about the City's drug policy and requested that the City consider random testing. * Mr. Petsos reported that the Sea oats planting project went well; 4000 sea oats were planted and 26 people volunteered. • Mr. Petsos announced that the Kiwanis Club would be holdin g a Pancake Breakfast on October 29, 2885 at Manatee Park from 8 -10 a.m. Mayor Randels referred to city code section 2- 66(a); "The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the council members present have first consented to the presentation of the matter for consideration and action. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 8 of 10 Mr. Morgan: ■ Mr. Morgan explained that he attended a Community Appearance Board meeting recently and after he left, found that he had become the topic of discussion regarding a landscape - detailing project that had actually been submitted by his son. Mr. Morgan stated that no board member should single out anyone and perform a character assassination based on inaccurate facts. Mr. Morgan expressed that the comments from the board member were slanderous and damaging. Mr. Morgan noted that he had received previous remarks that his conceptions were not creative. Mr. Morgan submitted that he would like to play a short recording of the meeting and that a resolution had been prepared to remove the board member. Mr. Boucher related that the portion to be played included a discussion following the regular agenda items where the board was discussing the level of landscaping details that should be submitted. [A portion of the October 3, 2005 Community Appearance Board Meeting was played before council.] Mr. Morgan reiterated that he had not submitted the package in question and felt the remarks slanderous.. Mayor Randels noted that he was not in attendance at the meeting, however stated that he was disappointed in the comments and felt they were inappropriate. Mr. Morgan stated that Boards could tell people no, however the members must still treat others with respect. Mr. Morgan requested that Resolution No. 2005 -37 be read . Mayor Randels noted that a majority of the Council Members consented to the presentation of the matter for consideration and action. Mayor Randels read Resolution 2005 -37 in its entirety: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; REMOVING A MEMBER OF THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida in accordance with section 2-- 171(e), Uniform Procedures and Requirements, desires to remove a Regular Member of the Community Appearance Board; and City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 9 of 10 WHEREAS, Section 2- 171(e) states that all persons shall be appointed to and removed from city boards and committees by majority vote of the City Council and by resolution; and WHEREAS, Section 2- 171(e) further states that board and committee members shall serve at the pleasure of the City Council and may be summarily removed at any time with or without cause permits the removal of Community Appearance Board members; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to remove this regular member from the Community Appearance Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Cape Canaveral, Florida, as follows: SECTION 1. Karen Hayes is hereby removed as a Regular Member to the Community Appearance Board. SECTION 2. This Resolution shall take effect immediately upon its adoption. Mayor Randels called for a motion and a second. Mayor Pro Tem Hoog stated that he was in attendance at the meeting and heard . 9 the comments. He noted an ongoing concern with many of the city boards. Mayor Y Pro Tem Hoag stated that he had presented his concerns at a revious City ty Council meeting. Mayor Pro Tem Hoog noted that the Community Appearance earance Board is the first stepping -stone in the city followed by the Planning nd Zoning 9 Board. He stated that one has opinions however derogatory comments to the public are inappropriate. g rY A motion was made by Mayor Randels and seconded b Mayor Pro Tem Y Y Hoog to adopt Resolution No. 2005 -37. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, or; Mr. Morgan, g= = g = For; Mr. Petsos, For; and Mayor Randels, For, Mayor Pro Tem Hoog ■ Mayor Pro Tem Hoog asked about the joint playground agreement with Yg g Cape View Elementary School. Mayor Randels ■ Mayor Randels reported the Annual city Manager Evaluation is due. ■ Mayor Randels reported that Florida city Government Week is October 15 -22 2005. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 10 of 10 • Mayor Randels reported that a Space coast Area Transit workshop was held at the Cape Canaveral Library on September 29, 2005 and a new south beach trolley was added. ■ Mayor Randels reported that a $495,000 grant for six glass bus shelters is available through the Department of Transportation. Mr. Boucher will have the City Attorney review the agreement. Mayor Randels reported a $100,000 Florida inland Navigation application grant for docking of transient vessels 20 feet or longer. Mr. Boucher will have the City Attorney review the grant application. ■ Mayor Randels recognized Public Works for an article published in The Trust Reporter regarding the open house at the Water Reclamation Plant. ■ Mayor Randels reported on the Villages of seaport crossovers. Mystic Vistas granted a public easement to the city for a beach access. • Mayor Randels reported that Staffing Unlimited, 8010 N. Atlantic Avenue, has been moved to the southern end of City, 7090 N. Atlantic Avenue. ■ Mayor Randels reported that SR Al A in the City has now been added to the map of county roadways of severe congestion. ADJOURNMENT: There being . no further business, the Chair adjourned the meeting at 9:35 P.M. Virginia Haas ASSISTANT CITY CLERK Rocky Randels, MAYOR