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HomeMy WebLinkAboutMinutes 03-02-2004 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 2, 2004 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley PRESENTATIONS: Student Art Show Awards } Ms. Kim McIntire, Board Secretary and Ms. Beth Foy, Vice Chairperson of the Business and Cultural Development Board presented awards to the Student Art Show winners. Ms. McIntire acknowledged the event Corporate Sponsor, the Law Offices of Tony Hernandez, III. She also acknowledged Mr_ Sharon Horton, Principal and Ms. Georgia Longo, Art Teacher at Cape View Elementary School and Mr. Tony Hines, Principal and Ms. Marlyn Foell, Art Teacher at Rockledge High School. Ms. McIntire announced James Joiner, as the Art Poster Contest winner and Marissa Kaczmarek for Best in Show. Ms. Foell accepted awards for James and Marissa, 12 Graders at Rockledge High School who were participating in a robotics competition. Ms. McIntire announced Douglas Brannan, Kindergarten Student at Cape View Elementary School, as the Sponsor's Choice Award winner. Ms. McIntire stated that Mr. Hemandez provided $1,000 donation as an award and a $500 EE U.S. Saving Bond. Ms. Georgia 3 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 C e Page 2 of 9 Longo accepted for Kayla Dobie, 5 Grade who won a Best in Show award. Ms. Longo explained that Kayla's artwork reflected materials found in the Cape Canaveral area Ms. McIntire also announced Best-in-Show awards to Magdalena Leibrant, 11 th Grade at Cocoa Beach Sr. High and Alycia Pollock, 11 Grade at Merritt Island High School. In closing, Ms. McIntire said that this is the fifth year of the Student Art Show and she expressed the hope for a continued partnership between the schools and the Business and Cultural Development Board. She thanked all those who participated. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 17, 2004. Mayor Randels asked if any member of Council, staff or interested party desired to remove the Consent Agenda Item for discussion. No request was made to remove the item for discussion. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 2. Motion to Adopt: Ordinance No. 01-2004; Amending Chapter 82, Buildings and Building Regulations, Relating to the Permitting, Installation and Location of Temporary Storage Units, at second reading. Mayor Randels read Ordinance No 01-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, RELATING TO 'THE PERMITTING, INSTALLATION AND LOCATION OF TEMPORARY STORAGE UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABIUTY AND EFFECTIVE DATE. Mayor Randels read the four whereas clauses that outlined the ordinance's purpose. Mayor Pro Tem Hoog emphasized the need for storage unit regulation as a public safety concem. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No 01-2004 at second reading. The vote on the motion carried 5-0 with voting as Are City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 3 of 9 follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 3. Motion to Adopt: Ordinance No. 02 -2004; Amending Chapter 110 Relating to the Sale of "Fireworks "; Providing for a Definition of "Fireworks "; Providing for the Fireworks Sales as Permitted Use within the Light Industrial (M -1) Zoning District, at second reading. Mayor Randels read Ordinance No. 02 -2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING FOR A DEFINITION OF "FIREWORKS "; PROVIDING FOR FIREWORKS SALES AS PERMITTED USE WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels stated that due to Brevard County's forthcoming ordinance regarding fireworks zoning, the City's intent is to define M -1 zoning as the district for permitted use of fireworks storage and sales. Mayor Randels read each whereas clause relating to the ordinance. Mr. Treverton clarified that currently there are no fireworks stores within City limits. He expressed that this ordinance duly provides an acceptable area in the Industrial zoning district for this use. Mr. Bob Camey asked if this would prohibit fireworks use on the beach. Mayor Randels replied that this ordinance would provide some restrictions, however the Florida Statutes provides for fireworks sales. Attorney Garganese stated that a discharge ordinance is forthcoming. Mr. Leo Nicholas stated that currently there is no place in the City zoned for fireworks sales and this ordinance allows for permitted use. Mayor Randels replied that retail fireworks sale is allowed in the City under general retail sales. Mr. Todd Peetz, City Planner, stated that fireworks sales could be applied for under commercial retail use in the C -1 zoning district. Mr. Nicholas addressed the need for a distance requirement for fireworks sales establishments. He requested an amendment to the ordinance. Attorney Garganese replied to Mr. Treverton that there would need to be a legitimate public purpose for a distance requirement. Attorney Garganese was advised to proceed with this ordinance and to have the Plaming and Zoning Board work on the distance requirement issue. Mr. Boucher informed that the fireworks lobby has introduced legislation that would legalize consumer fireworks. He stated that part of the fireworks lobby is for a regulated zoning category and the City is progressing in that direction. The County is approaching the issue from a point-of -sale aspect. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No 02 -2004 at second reading. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 4 of 9 Cri follows: Mayor Pro Tem Hoog, For, Mr. Miller, For, Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 4. Motion to Approve: Ordinance No. 03 -2004; Amending Chapter 94, Signs of the Code of Ordinances, at first reading. Mayor Randels read Ordinance No. 03 -2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS OF THE CODE OF ORDINANCES; REVISING THE PURPOSE AND SCOPE OF THE CHAPTER; MODIFYING DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS; AMENDING THE SIGN APPLICATION AND PERMIT PROCEDURES; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels clarified that this ordinance addresses temporary on- premise signs and would not affect the size or location of existing signs. The amendments are mainly deletions to the current sign code. The Planning and Zoning Board reviewed and recommended the item at a meeting on January 28, 2004. The City Attorney submitted two letters dated August 20 and December 8 with explanation that the amendments would remove any discrimination among signs and define them as either permanent or temporary. Mr. Morgan expressed that the ordinance would affect the current and upcoming election. Mr. Treverton suggested following the City Attorney's advise and state an effective date. Mayor Pro Tem Hoog addressed the 60-day time period. Attorney Garganese replied that there are two 60-day time periods per year. Attorney Garganese stated that the ordinance applies to a property owner's display of a temporary freestanding sign within a 60-day period, twice per year. The ordinance would regulate size, time and physical character of temporary on-premise signs. The current code is unconstitutional since political signs are regulated differently. This ordinance applies generally to all temporary on- premise signs. Mayor Pro Tem Hoog expressed concern with 30- square feet of signage on a residential property. He replied to the City Attorney's question on acceptable signage size, that the five- square feet allowance in the existing code was reasonable. Mr. Treverton requested to have the Planning and Zoning Board provide rationale on the amount of allowable signage. Mayor Pro Tem Hoog also addressed the limited square foot space allowed to contractors for commercial construction signs. He stated that a contractor pays permit fees to the City and the City needs to reciprocate through the amount of signage allowed. Council requested that the Planning and Zoning Board consider an allowable amount of signage under Section B(1), new construction in commercial area. Discussion returned to the 60 -day time period. Mayor Pro Tem Hoog expressed his ,, satisfaction with the 60 -day display requirement. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 5 of 9 Mr. Treverton addressed permits and asked the Building Official if forms were available. Attorney Garganese stated that the permit requirements apply to all sections of the sign code. Mr. Treverton stated that in Appendix B—Schedule of Fees requires $25.00. He questioned if the fee applies to each sign. Mr. Morgan replied that he did not see the need for a property owner in favor of a candidate to obtain a permit for a temporary sign. Attorney Garganese informed that when the political sign code was challenged, the reason was that these signs were handled differently. Permitting for temporary signs could be written into the code. Discussion followed on whether temporary on-premise signs needed permitting. Due to continued questions, Mayor Randels suggested that the Council review the ordinance and submit any amendments to the City Manager in order to provide direction to the Planning and Zoning Board. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve Ordinance No. 03-2004 at first reading. A motion was made by Mr. Treverton and seconded by Mr. Miller to Withdraw the Motion to Approve Ordinance No. 03-2004 at first reading. The vote on the Motion to Withdraw carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Ordinance No. 04-2004; Amending Chapter 10, Providing for a Definition of and Prohibiting the Commercial Use of Slot Machines or Devices, at first reading. Mayor Randels read Ordinance No. 04-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED "AMUSEMENTS AND ENTERTAINMENTS"; ESTABUSHING A NEW ARTICLE V, ENURED "SLOT MACHINES OR DEVICES"; PROVIDING FOR A DEFINMON OF AND PROHIBITING THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels clarified how adult arcade slot machines have been deemed exempt due to their description as games of skill under the Chuck E. Cheese exemption. Attorney Garganese stated that this exemption in the Florida Statutes allows for a certain number of machines within a gaming center wherein the player receives an award with value of no more than .75 cents. Under this exemption, adult arcade centers have since opened and provide coupons with redemptive value. This ordinance would prohibit a slot machine that is a game of chance in the City regardless of redemptive revrards. Senator Geller introduced a Senate bill that allowed coupon use if redeemed on the premises. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 6 of 9 Mayor Pro Tem Hoog said that if the State does not approve a ban the slot machines like those in question how can the cities? Attorney Garganese replied that State law bans slot machines but the gaming machines under discussion are promoted as games of skill. Mayor Pro Tem Hoog asked how the City would confront the challenge of a gaming machine being one of skill or chance? Mayor Randels stated that level of control over the game determines if it is a game of skill or chance and he stated further that the burden of proof rests with the applicant. Attorney Garganese stated for the record that several studies were included in the Agenda packet regarding the social and economic impact that these slot machines have on the communities where they are in use A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No 04 -2004 at first reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For Mr. Miller, For Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 6. Florida Power and Light Utility Pole Relocation Request. Mr. Morgan pointed out that every utility pole in the City is generally located on the dividing line between properties. The property under discussion is an exception in that the pole sets within the owner's property. Mr. Morgan said that the City should find a solution for Florida Power and Light [FPL) to move the pole to the dividing line. Mayor Pro Tem Hoog stated that he viewed the property and he also recognized the $6,400 cost factor since the pole is a primary feeder pole, but he too expressed the need of some resolution with FPL. Mr. Morgan said that the feeder pole encroaches into the property owner's space. Mr. Morgan replied to Mr. Treverton that the pole was installed first to provide power to the development. Mr. Boucher informed that Florida Power and Lights policy is to move the pole at the property owner's expense. Discussion followed on moving the pole location. Mr. Bob Camey replied to the Council that four feet of space is needed. Ms. Connie McKone stated that the townhome was purchased in 1987 before any other townhomes existed. She stated that she discovered that this problem does not exist in any other location in the City. The request is made in order to increase the driveway width due to limited parking. Ms. McKone expressed the situation as a hardship since no other property owner in Cape Canaveral has this condition. Council discussed relocating the feeder pole. Council directed the City Manager to discover why the feeder pole was placed within the property boundary. 7. Mixed Use, Commercial/ Residential Concept, Martin Greene. Mr. Martin Greene addressed the Council and said that he has been a resident of Cocoa Beach for 14 years, a real estate broker for 40 years, an international property developer and Cape Canaveral property owner. Over the last several years Florida has applied City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 7 of 9 themed development and Palm Beach has turned such a development into an area called CitiPlace. Mr. Greene said that he acquired the draft ordinance that established CitiPlace, which he included in the Agenda packet. Mr. Greene stated that the proposed property is approximately 12 -acres on the water within existing commercial and R -3 zoning. He is looking for specific retail establishments to create a themed community. Mr. Greene stated that he is coming before the Council to establish whether he could proceed to discuss the development of an ordinance with staff. Mr. Morgan asked if his concept is in the form of a PUD with mixed -type use. Mr. Greene replied that the ordinance should establish the size of the development. He expressed the desire to promote the best and highest use of the property. Mr. Morgan noted the City's density and height regulations. Mr. Greene affirmed that he could work within those requirements. Mr. Treverton expressed that the Community Appearance Board had discussed themed development. He stated that he was amenable to discussion. Mayor I Pro Tem Hoog informed that he saw a mixed -use development in Lake Mary and found it favorable. Mayor Pro Tem Hoog brought out height limitations when addressing the residential portion. Mr. Morgan pointed out the need to consider adjacent properties. Mr. Miller expressed his overall favor with the concept. Mayor Randels expressed his support and noted that the National Cities Weekly published that themed development is an increasing trend. Council by majority expressed favor for Mr. Greene to proceed with discussing his concept plans with staff. REPORTS: 1. City Manager • Mr. Boucher reported that he met with representatives of the United Way who would like to start a Citizens' Academy. The Academy would provide a dass on Brevard County govemment and services and that of Cape Canaveral as well. The lass would be held at the Cape Canaveral Library during the third week in April. The United Way would notify the public. 2. Staff Building Official • No report. City Clerk • No report. • City Attomey Attorney Garganese reported on a possible zoning map error in the Holman Road area. Staff is investigating the matter and action is forthcoming since the developer has an application pending. { 5 I 3 City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page8of9 AUDIENCE TO BE HEARD: • Mr. Jim Venable, of Holman Road, stated that there is question over the demarcation between the C-1 and R -1 zoning on his application. Mr. Venable said that he purchased the property based on validation by a City official. Mr. Boucher stated that he would address the error that is based on a map dated 24 years ago. • Ms. Connie McKone, Board of Adjustment member, informed that the Board has been asking for direction for some time. Mr. Earl McMillan drafted a three to four -page letter requesting information on the impact of concurrency, growth, and utilities in the City. Ms. McKone requested direction from the Council due to a rising need to address these issues. Mr. Morgan stated that there are seven concurrency points that each new project must meet; if not met, a permit is not issued. Mayor Randels summarized that each developer goes through the City's requirements relating to construction. Mr. Boucher would place an item on the next Board of Adjustment agenda for the Board Official to review how the City measures the impact of growth. Mr. Peetz stated that the reports provided to the Board have the concurrency reporting information included in them. Council members stated that the Building Official and the City Planner would provide the requested direction. 3. City Council Mr. Miller • No report. Mr. Morgan • No report. Mr. Treverton • No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog reported that he attended a seminar in Lake Mary relating to the upcoming Tallahassee legislative session. Mayor Randels • Mayor Randels recognized a thank you from the Public Works employees for training opportunities. • Mayor Randels reported on visit from Congressman Tom Feeney regarding beach funding. • Mayor Randels reported that Forever Florida has $66 million available in funding and encouraged the Council to envision possible projects. (11; City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 9 of 9 c ADJ , re being no fuithirtpisiness, the Chair adjoumed the meeting at 930 P.M. , ....., ,.. . . ,,- .04tE.A- i 4 ,,, ,,,,, L_ . : - Rocky Randels, MAYOR ...omm.-- _ -'• , . , i _— RK C e Le