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HomeMy WebLinkAboutMinutes 07-15-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 15, 2003 7:00 PM fi MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Nov Others Present: City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Absent: City Manager Bennett Boucher PRESENTATIONS: National Night Out Program for Tuesday Night, August 5 i Deputy Dee Meisner reported that the National Night Out would be expanded to include the Navy and the Coast Guard and a Blood Drive through the Red Cross. She circulated a roster to obtain at least 20 participants in the Blood Drive. The Night Out would provide food and prize drawings in a carnival atmosphere to include a band from a local club and patriotic music played intermittently. Deputy Meisner stated that she also planned to distribute child identifier kits for parents to take home. The kit has placeholders for a photograph as well as right and left thumbprints. Parents can update the kit annually. She would also provide a medical information kit for parents to complete and retain with 1 4 i i A i City of Cape Canaveral, Florida I City Council Regular Meeting July 15, 2003 1 Page 2 girol ' their children's medical history. Deputy Meisner reviewed some of the other planned activities. She desired to have local businesses to display but not to sell their goods during the event. Deputy Meisner received flags from the Recreation Department that she would distribute during the event. She invited the Mayor and Council to speak during the event. Mayor Randels asked if a PA system were needed. Deputy Meisner would research securing a speaker system and a tent. i She reported that the Teens of Canaveral would assist with the event. Cape View Elementary School will promote the event during school registration. Deputy Meisner reported that she would use the Sheriff's office media kit to cover inviting the media. She mentioned that the Customs Department would also participate in the event with a showing of their trained dog. Council agreed to cancel the August 5 City Council meeting in order to participate in the event. Mayor Randels asked if any funds were required. Deputy Meisner reported on anticipated costs. Mayor Randels replied that the City could pay the cost of the insurance for the Play Tent. He reported that there were also discretionary funds in the Recycling Fund to defray some of the expenses. Deputy 1 4 Meisner replied that magnets were the only cost at this time Mr. Pete inquired about using professional food handlers. Attorney Garganese responded that he was not aware at this time if a permit were required to dispense or handle food. Deputy Meisner said that she had secured a sales tax permit only She related the time for the event as 1 5:30 P.M. to 7:30 P.M. but the time might extend if a large crowd attends. She concluded ; c by again inviting Council members to speak at the event as well as to prepare the food. Mayor Randels commented on media coverage and announced that Ann Samuels had officially retired from the Space Coast Press/ Tribune. Deputy Meisner provided a Florida Today reporter in the audience with her contact information. North Ridgewood Avenue Stormwater Protect Concept Mr. John Pekar displayed an exhibit showing Harbor Drive and stated that the pond is a shallow 2'/2 -foot retention area, heavily landscaped within the rights -of -way. He informed that 300,000 cubic feet of stormwater would percolate into the ground through this project. Subsequently, with every inch of rainfall about 6,000 cubic feet of stormwater would be retained. Mr. Pekar pointed out the existing trail on the plans. He mentioned the potential for areas to sit. Mayor Randels stated that the pond is very near the Harbor 1 Oaks condominiums. Mr. Treverton inquired about loss privacy screening. Mr. Pekar replied that the pond is actually adding screening through the proposed landscaping. Mr. Pekar stated that he and Mr. Boucher intended to work with the residents in the area on x a concept plan. The Council's consensus was to proceed with the Stormwater project concept for North Ridgewood Avenue. Mr. Nicholas asked if the Beautification Board could have a courtesy presentation. Mr. Pekar affirmed that he would show the Board the concept plan and then proceed to show the local Homeowners Associations. Mr. Nicholas requested a date and time to schedule a Special Meeting for the Beautification Board. ,, (i i i , A s , i City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 3 (iime CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 1, 2003. 2. School Resource Officer Agreement with the City of Cocoa Beach. party Randels asked if any Council Member, staff or interested p y desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 3. Motion to Approve: Ordinance No. 19 -2003; Amending Section 110 -171 of the City Code, Relating to Special Exceptions for the Sale of Alcoholic Beverages. Mayor Randels read Ordinance No. 19 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110 -171 OF THE CITY CODE, RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the new portion of the proposed ordinance under Section (3) places the burden of proof on the owner to show that 51 percent of restaurant sales originated from the sale of food. Under Section (B), any special exception granted under this section may be temporarily suspended or absolutely revoked by the Board of Adjustment at a Public Hearing. Mr. Gene Petre inquired if a non - conforming establishment is sold, would the new owner be required to comply with the 300 -feet code if the liquor license is sold. Attorney Garganese replied that the establishment would maintain its nonconforming status when the license is transferred, unless the nonconforming status is deemed expired by law. Mayor Randels replied to Mr. Hoog that the previous license for the former Rich's restaurant forfeited their permitted use through non -use. Mr. Bill Hanson of the Grace Presbyterian Church asked how the 300 -foot distance is measured. Attomey Garganese read from Section 110 -171 of the code and stated the required measurement "is to be made from the main entrance of the C re establishment to the closest lot line of the church, school ground or playground by City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 4 gifre following the shortest route to ordinary of pedestrian travel on the public thoroughfare, street or road." } A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 19 -2003 at second reading. The vote on the motion carried 5- 0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Ordinance No. 20 -2003; Amending Section 1 -15 of the City Code, Relating to General Penalties. Mayor Randels read Ordinance No. 20 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 1 -15 OF THE CAPE CANAVERAL CODE, RELATING TO GENERAL PENALTIES; PROVIDING FOR THE CITY, AS A PREVAILING PARTY, TO RECOVER ITS REASONABLE ATTORNEY FEES AND COSTS IN ANY LEGAL OR EQUITABLE CAUSE OF ACTION BROUGHT TO ENFORCE ANY PROVISION OF THE CAPE CANAVERAL CODE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 20 -2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 03 -2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges, for second reading. Mayor Randels read Ordinance No. 03 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY AND PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS AND HEDGES; PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR LANDSCAPING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C -2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND (100 PROVIDING FOR AN EFFECTIVE DATE. 3 3 City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 5 Mayor Randels summarized that 1) in Section 110 -1 under definitions, compact car parking spaces were removed; 2) in Section 110 -470 (a) and (b), the height of a hedge could now exceed six -feet with the exception of 25 -feet within the right -of -way, 3) in Section 110 -470, the clause was removed for R -1, R -2 and R -3 regarding hedges around a permanent swimming pool in the rear or side area and added in the subsequent Section, "a fence or a wall is used to meet the requirements, the fence or wall shall have a minimum requirement of 6 -feet and a maximum height of 8- feet." Discussion followed on the applicable zoning district. Mayor Randels proceeded with Item No. 5 that added, "The finished side of a fence shall face the abutting property or the public right -of- way." Also added, "if a chain link is used for fencing the same will have a top rail and be coated with rubber or vinyl material." Mr. Hoog questioned this requirement. Council discussed the requirement further and agreed to amend the language to read, "If the chain link is used for fencing the same will have a top rail. The fencing must be coated in a rubber or 3 vinyl material." i Mayor Randels proceeded with Item No. 6, under Section 110 -470, which would add the word fences. He read "no words or symbols other than street addresses or names of occupants in residential districts shall be permitted on exterior boundary fences or walls." Mayor Randels inquired as to the Planning and Zoning Board's intent. Mr. Lamar Russell, Planning and Zoning Board Vice- Chairperson, explained that by defining what would be allowed on a fence was the intent in order to define what is disallowed such as graffiti. IF Mr. Hoog inquired about allowing a logo from the company that installed the fence. Mayor Randels requested to allow for the company logo sign but to perhaps limit the size. Discussion followed on size requirements and agreed to 32- square inches. Mr. Petre inquired if holiday decorations are included on what is allowed on a wall. Council concluded not to regulate holiday decorations. Mayor Randels proceeded to Item No. 6, Section 110 -470 (b), and Paragraphs 1 through 5 that were created to regulate hedges. He read, "Hedges may be permitted in any yard except as specified in Section 110 -469, providing the following restrictions shall apply." Such restrictions are, "Any hedge planted to satisfy the visual screening requirements within this section of this code shall have a minimum height at the time of planting of three -feet and it will be required to reach a minimum height of six -feet or a density of at least 80 percent within two years of planting. " Mr. Russell stated that the initial size requirement was to ensure landscaping between commercial and residential properties. In summary, property that is developing or redeveloping is required to adhere to this code. Mr. Hoog commented on the removal of hedge requirements in a residential zone. He referred to Code Enforcement intervention due to hedge growth on a home at the corner of Lincoln Avenue. Mayor Randels replied that the hedge under discussion extended into the right of way that became a violation of code. { Mr. Hoog expressed that he was not completely in favor of the proposed ordinance. Mr. Russell explained that the fence, wall and hedge ordinance was established to avoid cof extreme differences of opinion between neighbors and to establish a standard on the size however the Board had not developed the perfect ordinance. He stated that hedges } 4 City of Cape Canaveral, Florida 1 City Council Regular Meeting 1 July 15, 2003 Page 6 i Coe were not part of the initial discussion. Mr. Russell concluded that the Board's decision I was to allow people to plant what is acceptable from the City code landscape list. Mr. I Hoog inquired why the Board chose to regulate landscape growth height in the commercial area. Mr. Russell replied that businesses provide the City's aesthetic face along the main thoroughfares. Commercial noise however was problematic for adjacent 1 1 residential neighbors and barriers between the two provided a resolution. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No. 03 -2003 at first reading. The vote on the motion carried 3 -2 with voting as follows: Mr. Hoog, Against; Mr. Morgan, Against; Mayor Pro Tem g Petsos, For; Mayor Randels, For and Mr. Treverton, For. g 6. Motion to Approve: Ordinance No. 18 -2003; Repealing Section 50 -2 of the City Code and Creating a New Chapter 11; Providing for the Definition of Nudity as Prohibited by the Chapter, for second reading. g a Mayor Randels read Ordinance No. 18 -2003 by title. l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO BE KNOWN AS THE "CITY OF CAPE CANAVERAL PUBLIC DECENCY CODE "; REPEALING SECTION 50 -2 OF THE CODE OF ORDINANCES; CREATING A NEW CHAPTER 11, STATING THE INTENT OF THE CHAPTER, PROVIDING FOR THE c DEFINITION OF NUDITY AS PROHIBITED BY THE CHAPTER AND PROVIDING FOR 1 OTHER DEFINITIONS, PROVIDING FOR LEGISLATIVE FINDINGS, PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF IN PUBLIC PLACES, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF CHAPTER 11; PROVIDING CONFORMING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE; AND PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR REPEAL OF PRIOR i INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. i i I Attomey Garganese explained that a routine review of the City code found Section 50 -2 deficient based on two United States Supreme Court cases that came about regulating public nudity. The Council directed the City Attorney to amend the City's code in light of those court cases. Attomey Garganese stated that Brevard County has adopted a Public Nudity that prohibits public nudity in public places. When Brevard County adopted this law in 1995, the County made this law applicable and effective in all municipalities in the County. Attorney Garganese stated that under the current state of the law public nudity is prohibited in public places in the City of Cape Canaveral. He stated further that if the Council did not adopt Ordinance No. 18 -2003, the County's ordinance still applies unless the Council deemed it necessary to opt -out of the County's Public Nudity law. He recommended that Section 50 -2 be eliminated from the City code since it is an old provision and subject to inconsistency with the County code. He advised that Section 50- 2 be stricken and create conforming amendments to the Adult Entertainment code that would comply with Brevard County's definitions. Mr. Treverton asked how much of the language is required to keep the City's Adult Entertainment ordinance in effect. Attomey Garganese replied that the Adult Entertainment code is effective as it stands. 4 i f 1 City of Cape Canaveral, Florida City Council Regular Meeting 1 July 15, 2003 A Page 7 i fs, Attomey Garganese asked if the Council desired to rely on the County's code. He stated 1 in review that Section 3 of the ordinance should be eliminated and to adopt Section 2 on first reading that repeals Section 50 -2. Section 4 would also remain and the ordinance would be renumbered accordingly. Attorney Garganese stated that the conforming amendments to the Adult Entertainment code within the proposed ordinance would remain and the "whereas" clauses would be replaced with recitals to the Brevard County ordinance. The Council agreed to adhere to the Brevard County Public Nudity I Code. Mayor Pro Tem Petsos requested to see how the County provides enforcement and subsequent penalties under it code. Mayor Randels stated that he found the ordinance presented acceptable, however the City Attomey is instructed by the Council to retum with an ordinance that followed the language from the County code. Attorney Garganese advised that if the Council did not choose to opt out of the County's public t nudity law, then Section 50 -2 should be removed and the conforming amendments to the Adult Entertainment code should conform with the County's public decency law that is similar to what is presented in Ordinance No. 18 -2003. Mr. Treverton asked if any municipality has opted out of the County's public nudity law. Mayor Pro Tem Petsos replied that the City of Cocoa Beach had opted out. In conclusion, the City Attomey would provide language from the County ordinance as 3 well as research on the ordinance from the City of Cocoa Beach. Attorney Garganese ' ir stated that the Brevard County ordinance is similar to what is presented in the proposed I ordinance in terms of the clothing requirements. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Ordinance No. 18 -2003 for discussion at First Public Hearing. 1 Attorney Garganese recommended that the Council withdraw the motion by unanimous consent. Mr. Morgan as the maker of the motion and Mr. Hoog as second withdrew the motion from the floor. REPORTS: 1. City Manager i • No report at this time. 2. Staff City Clerk • Ms. Stills announced that Candidate qualifying for the General Election begins on August 22 at Noon and ends on September 5 111 at Noon. She would provide the Council an Election schedule. City Attorney 3 i. . S i 2 a I 1 City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 8 • Attomey Garganese recommended an add-on item to cancel the City Council meeting of August 5, 2003. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton for an Add-on Item. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Cancel the City Council Meeting of August 5, 2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 3. City Council Mr. Morgan • No report. Mr. Hoog • No report. Mr. Treverton �✓ • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos requested that the Youth Center receive the existing City Hall marquee when a new digital sign is installed. • Mayor Pro Tem Petsos requested the results of the traffic study count. Mayor Randels • No report. AUDIENCE TO BE HEARD: Mr. Nicholas expressed a concern with the 300 -foot distance limitation between restaurants that serve alcoholic beverages and churches, schools and playgrounds. Mayor Randels replied that the City Attorney would need to develop language that would state the Council's intention. Discussion followed on whether to make the distance require from structure to structure. Mayor Randels summarized that the Council would review Section 110 -171 referring to distance requirements. Based on the existing ordinance - have the Building Department apply Section 110 -171. Mr. Bill Hansen asked for official notification on the concluding evidence to determine measurement between the two properties. Mr. Hoog pointed out that the existing entrance could change. cri x 3 s33 r City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 i Page 9 !? L i Mr. Mike Stevens spoke on fireworks enforcement. He reported on the loss of sea , turtles and birds due to fireworks expelled on the beach. Mayor Randels explained that in order to issue a citation the act must be witnessed. Mr. Stevens reported that there are no signs on the fences at the beach ends to prohibit dogs or fireworks on the beach. He related that people from out-of -state are unaware of existing regulations. Mr. Petre suggested more frequent law enforcement coverage on the beach. Mr. Petre also noted that the condominiums do not display any signs regarding regulations on the beach. Mr. Hoog summarized that the best resolve would be to write letters to the legislature to prohibit the sale of fireworks. ADJOU E ',f , i F' Tip 4eing no furthbfrAiejness the Chair adjourned the meeting at 9:30 P.M. x eA Q i + � �, Rocky Randels, MAYOR Su ‘ . 4 C., i } { € 1 1