Loading...
HomeMy WebLinkAboutMinutes 10-21-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 2003 7:00 PM MINUTES CALL TO ORDER: 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 Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills .£ City Treasurer Andrea Bowers Public Works Director Ed Gardulski PRESENTATIONS: Mayor Randels presented a plaque to the City Manager from Ms. Collette Cannon. Ms. Cannon commended the City on its prudent management and efficient staff. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 7, 2003. 2. Resolution No. 2003 -40; Reappointing Regular Members to the Beautification Board. (L. Nicholas, M.J. Laws, M. Carroll and P. Collins) } Mr. Treverton called for a point of order on Item 2. Mr. Morgan requested to remove Item No. 2 for discussion. 3. Resolution No. 2003 -41; Reappointing One Alternate Member to the Board Co' of Adjustment. (P. Collins) City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 2 4. Canceling the Tuesday, November 4 City Council Meeting Due to the General Election and Scheduling a Special Meeting to Certify the Election Results on November 6, 2003. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Items No. 1, 3 and 4 on the Consent Agenda. 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. ITEM REMOVED FROM CONSENT AGENDA FOR DISCUSSION: 2. Resolution No. 2003 -40; Reappointing Regular Members to the Beautification Board. (L. Nicholas, M.J. Laws, M. Carroll and P. Collins) Mayor Randels noted that two responses were not received for reappointment to the Beautification Board. Ms. Stills responded that Ms. Laws' response for reappointment was received that day. Ms. Stills asked Marianne Huston, Board secretary if Ms. Carroll desired reappointment. Ms. Huston requested to reappointment Ms. Carroll. Discussion followed on whether to proceed with her reappointment. Mr. Nicholas pointed out that the terms needed staggering since four Board members were being re- appointed at one time. He requested a shorter term and suggested that Ms. Carroll be appointed to a shorter term as well since she had not replied to her reappointment notice. Mr. Nicholas said that the other two members, Mary Jo Laws and Paula Collins could take the three- '° year terms. A motion was made by Mr. Treverton and seconded by Mr. Hoog to re- appoint Leo Nicholas and Martha Carroll for two years and Mary Jo Laws and Paula Collins for three years to the Beautification Board. 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. The City Attorney arrived at this time. Mayor Randels informed him of the Council's decision to stagger the Board member's terms in order not to have a large number of terms expiring at one time. Attorney Garganese stated that the Council's decision appeared consistent with the intent of the Uniform Board Ordinance. ORDINANCES: Second Public Hearine: 5. Motion to Adopt: Ordinance No. 34 -2003; Amending Code Section 110 -469; Providing for Visibility at Intersections. 3 City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 3 Mayor Randels read Ordinance No 34 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 110-469; PROVIDING FOR VISIBILITY AT INTERSECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE, SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels outlined the three intended changes as 1) trees shall not be planted within site visible triangles, any tree existing within the area shall be allowed to remain provided the same is trimmed and maintained such that no part of the tree canopy is lower than 10- feet measured from the point located on the street right -of -way, 2) fencing shall not be erected or placed within the site visibility triangle. Any chain link, wire or split rail fencing which lawfully existed as of the effective date of this ordinance shall be allowed to remain provided the same is maintained clear of vegetation or other material, and 3) allowances in the site triangle such as traffic signs, utility poles, and sidewalks and ground cover landscaping such as grass, shrubs and ground cover that shall not exceed one and one- half feet in height at or after planting. Mayor Randels clarified that no new plantings would occur. Mayor Randels informed that an article on visibility intersection article would appear in the next City newsletter. There was no public comment. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No 34 -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 6. Motion to Adopt Ordinance No 35 -2003; Amending Chapter 110, Relating to Site Plan Review, Providing for Appeal to the City Council. Mayor Randels read Ordinance No 35 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE, RELATING TO SITE PLAN REVIEW; PROVIDING FOR APPEAL TO THE CITY COUNCIL; 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 Planning and Zoning Board as a quasi-judicial board holds final site plan approval and any applicant appeals requires the applicant proceed to the circuit court. The amendment to this ordinance would allow an applicant a final appeal before the City Council. The amendment would only allow the Council to have review over appeals. Mr. Morgan asked the City Manager if he had shared any findings on appeals procedures from other cities with the Planning and Zoning Board. Mr. Boucher replied that Brevard City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 4 County Commission hears appeals however the City of Cocoa Beach Commission approves site plans. Mayor Pro Tem Petsos requested that the City Manager share his findings with the Planning and Zoning Board and he stated his favor with the Council hearing site plan appeals. Attorney Garganese replied to Mr. Hoog that staff approves very small -scale site plan reviews in the City of Cocoa however at a certain threshold the City Council approves site plans. The City of Winter Springs Commission approves all site plans as well as the City of Casselberry. Attorney Garganese informed that the next evolution in quasi-judicial proceedings might be one that cities adopt ordinances referring matters to hearing officers. The hearing officer may be an attorney who will make findings of fact based on quasi-judicial proceedings that are then submitted to the City Council for decision. He stated that the Florida Supreme Court is moving to the direction in which quasi-judicial boards may have to make express findings of fact on all its decisions. Quasi-judicial procedures would become a forum of litigation especially on controversial projects. Attorney Garganese stated that quasi-judicial procedure is subject to appellate review by the Courts and the courts want a record of action from the meetings and the courts also want to know the basis of the decision in order to determine if the Council or Board was arbitrary. Without such findings of fact, the Courts might dismiss the case. Mayor Randels stated that he wanted the Board informed that this amendment to the appeal process was to protect the Board in a litigious circumstance. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Adopt Ordinance No 35 -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 7. Motion to Adopt Ordinance No 36 -2003; Relating to Distance Separation Between Establishments which Dispense, Sell, Serve, Store or Permit Consumption on Premises of Alcoholic Beverages and Between Such Establishments and Churches, Schools, and Playgrounds. Mayor Randels read Ordinance No 36 -2003 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110 -171 OF THE CITY CODE, RELATING TO DISTANCE SEPARATION BETWEEN ESTABLISHMENTS WHICH DISPENSE, SELL, SERVE, STORE OR PERMIT CONSUMPTION ON PREMISES OF ALCOHOLIC BEVERAGES AND BETWEEN SUCH ESTABLISHMENTS AND CHURCHES, SCHOOLS AND PLAYGROUNDS; 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. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 5 Mayor Randels explained that the ordinance was clarified to read that the measurement is shortest distance from each property line. There was no public comment. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 36 -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. 8. Motion to Adopt: Ordinance No. 37 -2003; Adopting a New Section 110 -321 of the City Code; Relating to the Protection of Beach -End Public Parking within the Medium Density Residential Zoning Districts. Mayor Randels read Ordinance No. 37 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW SECTION 110 -321 OF THE CITY CODE; RELATING TO THE PROTECTION OF BEACH - END PUBLIC PARKING WTHIN THE MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. eft- Mr. Hoog posed the circumstance of a person who is deprived the privilege of using their access onto the road, what would preclude the City from moving the parking to an area on a different side of the street. Mayor Randels answered that perhaps the homes on one side of the street are built closer to the right of way that on the other. Discussion followed on relinquishing parking spaces or moving the allowed parking to a different side of the street. Mr. Hoog stated that he would prefer to move the 17 or 19 parking spaces instead of giving up two parking spaces. Mayor Randels summarized from the ordinance that if no viable access is established the City can, where a variance is granted, amend up to two spaces or 20 -feet. The maximum number of beach -end parking spaces to remove shall be two spaces or 20 -feet. He stated further that ingress and egress should only be provided through a single shared driveway to minimize the elimination of beach -end public parking spaces. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance } No. 37 -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. 9. Motion to Adopt: Ordinance No. 38 -2003; Relating to the Reimbursement Policies and Procedures for Official Travel. • City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 6 Mayor Randels read Ordinance No 38 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW ARTICLE TO CHAPTER 2 OF THE CITY OF CAPE CANAVERAL'S CODE OF ORDINANCES, RELATING TO THE REIMBURSEMENT POLICIES AND PROCEDURES FOR OFFICIAL TRAVEL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. 1 There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No 38 -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: 10. Motion to Approve: Ordinance No 27 -2003; Vested Rights, at first reading. Mayor Randels read Ordinance No 27 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA CREATING A NEW CHAPTER 115 TO THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO VESTED DEVELOPMENT RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels referred to a letter from the City Manager dated October 15 that summarized proposed Ordinance No 27 -2003. The ordinance clarifies whereby the applicant relying upon a valid unexpired act of the City has made a substantial change, or if the City has committed or omitted an act, the applicant can make an appeal. The proposed Vested Rights ordinance is a necessary tool that the City must have to address and act or omission caused by the City. Mr. Morgan expressed how a resident in the Lincoln Avenue alleyway dispute voiced concern with the Vested Rights issue. Mr. Treverton asked the City Attorney how the proposed ordinance could relate to the Lincoln Avenue alleyway issue. Mr. Morgan related Mrs. Vicidomini's concern with a Toss of an easement. Attorney Garganese stated that the Vested Rights ordinance did not evolve in any way from the Lincoln Avenue alleyway dispute. He recalled that it was subsequent to the Sand -in- the -Shoes issue that the City decided to establish formal procedures to address Vested Rights issues. Mayor Randels pointed out the flow chart that clarified the process. Mr. Treverton asked about the last sentence in Section 115 -3(b) that reads, "against C which the development is vested." Attorney Garganese explained that the development might be vested in accordance with an old law but not in compliance with and therefore 4 City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 7 against the new law. Mr. Treverton also pointed out some typographical errors on page 68, paragraph (f) where "question" which should read "questions" and in paragraph (g), the word should be past tense "rendered." On a final note, Mr. Treverton asked if continuous ownership of a parcel with the flawed vested right is the City's intent. Mr. Morgan stated that the vested right should carry with the transfer of the property. Attorney Garganese stated that a building might not come into current compliance however vested rights transfer with the property. Mayor Pro Tem Petsos asked Ms. McNeely, Planning and Zoning Board Chairperson, if she had any further comments on the ordinance. She declined comment. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Ordinance No 27 -2003 at first reading. The vote on the motion carried 5-0 with { voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; iq Mayor Randels, For and Mr. Treverton, For 11. Motion to Approve: Ordinance No 39 -2003; Amending Section 22-46, Providing for Appeal to the City Council, at first reading. Mayor Randels read Ordinance No 39 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 22- 46 OF THE CAPE CANAVERAL CODE; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels explained that the aggrieved party has ten calendar days to make an appeal, if a request is heard the City Council will make a determination on the appeal within 30 days. The City Council shall hear and consider evidence, the City Council shall grant or deny by majority vote and judicial review of the denial or approval of the site plan shall be available only after the administrative procedures set forth in this section have been exhausted. Mayor Randels noted that the words "site plan" does not apply in this ordinance. Attorney Garganese noted the necessary changes and also stated that judicial review should only occur after a final decision of the City Council on appeals. Mayor Randels explained that the purpose of this ordinance is to provide an applicant that has been denied or feels aggrieved an avenue of appeal prior to the Circuit Court. Mr. Treverton asked why one paragraph reads the "appropriate" court and another paragraph reads "Circuit" Court. Mr. Morgan asked if Appeal forms were available. Attorney Garganese stated that the Appeals process should be included on the site plan application as well as on public meeting notices. There was no public comment. A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Ordinance No 39 -2003 at first reading. The vote on the motion carried 5-0 with City of Cape Canaveral, Florida j City Council Regular Meeting October 21, 2003 1 Page 8 i C voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; i Mayor Randels, For and Mr. Treverton, For 11. Motion to Approve: Ordinance No 40 -2003; Adopting Amendments to the Annual General fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2003, at first reading. f Mayor Randels read Ordinance No 40 -2003 by title. 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUNDS, SEWER ENTERPRISE FUNDS, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR AN EFFECTIVE DATE. Ms. Bowers explained that State law requires an ordinance to adopt the budget amendments made throughout the fiscal year She explained to Mr. Morgan that the dates identify the timing of each set of changes. Mayor Randels summarized that $298,304 was added to the amended General Fund revenue throughout the year. There was no public comment. s 'iv A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Ordinance No 40 -2003 at first 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 DISCUSSION: i 13. Interlocal Agreement to Fund Feasibility Study for a Regional Biosotids 1 Treatment Facility. Mr. Ed Gardulski, Public Works Director, informed that there has been discussion on how to dispose of biosolids. The City's current procedure is to de -water and dump by way of Class B sludge to the County landfill. Class A sludge requires additional processing. The cities are collaborating on a location and the facility's function. Mr. Gardulski is proposing this to the Council prior to a final decision. Discussion continued on equitable division of 1 cost possibly based on flow rate. Mr. Morgan asked if the process delivers Class A sludge. Mr. Gardulski replied that the sludge could become fertilizer. He also replied to Mr. Morgan that some companies are interested in purchasing the sludge. i Mr. Hoog asked about funding after the facility is built. Mr. Gardulski replied that a tipping 1 fee could be used. Mr. Hoog asked about the cities that are not included and asked if the 1 County would absorb their flow rate. Mr. Gardulski affirmed. Mayor Randels clarified that discussion on this issue is eminent due to possibility of discontinuing Class B sludge J City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 9 dumping in the landfill and Mr. Gardulski's intent is to provide the Council with data to make an informed decision. Discussion continued on fees according to flow rate. Mr. Boucher stated that he did not desire to see the facility built in a location that would incur trucking fees to dispose the sludge but something in a central location. Mayor Randels summarized that the Council favored payment based proportionally on flow rate. Mr. Nicholas asked if the County would pay a share. Council members affirmed. Mr. Gardulski would continue to provide information on this issue. REPORTS: 1. City Manager • Mr. Boucher related the decision of the Health Insurance Committee regarding Health Insurance renewal. Council decided to meet immediately following the Certification of the Elections results on Thursday, November 6'". • Mr. Boucher requested a date to discuss the Wage and Salary Plan. Mr. Morgan requested information prior to 1993 regarded salaries that included a step plan. Council decided on Tuesday, November 18 from 5:00 P.M. to 7:00 P.M. • Mr. Boucher encouraged the Council to review the staff Quarterly Reports. He added a "Did You Know That" section to the employee newsletter with portions from the Quarterly Reports. • Mr. Boucher announced that the City newsletter would be published during the last week in October. • Mr. Boucher announced that the Public Works Director would renovate the Council Chambers during the week of October 27"'. • Mr. Boucher wished both candidates for Mayor well in the upcoming election. 2. Staff Public Works Director • Mr. Gardulski reported that the beach -end landscaping project is drawing to a close. • Mr. Gardulski also reported on the progress of the City north entrance sign landscaping. He is still waiting on the seal for the City sign. • Mr. Gardulski announced that he is working with the Department of Transportation on the south entrance sign and he secured an easement on the right -of -way property in front of Yogi's. • Mr. Gardulski reported on the upcoming sewer line cleaning. • Mr. Gardulski reported that the reuse project is in the design process. • Mr. Gardulski reported that Jobear —Warden Construction, Inc. would begin work in November on the International Drive baffle box. • Mr. Gardulski reported that the punch list items are ready for the A1A sidewalk and bridge area. • Mr. Gardulski related that the Department of Transportation has recognized a drainage problem in front of McDonald's and the USA Space Alliance where the grass is higher than the road. He would have the inmates clear the area. • Mr. Gardulski reported that he requested a left turn arrow for northbound A1A traffic from district transportation at Central Avenue and SR A1A due to the new construction in that area. 1 City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 10 ,: C • Mr. Gardulski informed about the reduced speed limit near the overpass. • Mr. Treverton questioned Mr. Gardulski on the overpass entrance roadway height and further inquiry arose on the reduced speed sign installation. Mayor Randels replied that signage could occur within 60 days. • Council members inquired about the mobile home on the 528 Causeway. The structures I might be due to proposed road widening. I m City Treasurer • Ms. Bowers reported that the Finance Department is working on completing Occupational Licensing renewals. • Ms. Bowers also reported that the annual audit begins in November. i City Clerk • Ms. Stills thanked the Mayor, Mayor Pro Tem, City Attorney and City Manager for their participation in the Florida City Government Week activity with the Cape View Elementary student council. i City Attomey • Attorney Garganese expressed that he was glad to participate in City Govemment Week. • Attorney Garganese wished both candidates for Mayor well in the upcoming election. A AUDIENCE TO BE HEARD: cv i • Ms. Bea McNeely, Planning and Zoning Board, Chairperson distributed a copy of City 1 Code Section 110 -296 and stated that a single - family home could not be built on a non - 1 conforming lot of record. A non - conforming lot of record measures 50 -feet by 125 -feet and there are many in the City. Mr. Morgan stated that when the regulation was changed to 75 -feet by 100 -feet, all other lots became vested and the former dimensions became non - conforming. However, single- family residential buildings have been built as an accepted practice. Ms. McNeely said that 1 under review other inconsistencies might also be discovered. Mr. Morgan said that clarification would assist the Building Official since single - family residential does not come under Planning and Zoning Board review. Attorney Garganese stated that the code would provide an exception to allow construction for the single - family on a non - conforming lot of record. Mr. Morgan expressed that these applications should be a permitted use and not an exception since the Tots are legally non - conforming lots of record. Discussion followed on what could be built on the lot dimensions. Ms. McNeeley stated that the Code needs clarification. Council would need further review in order to provide direction for the Planning and Zoning Board. • Mr. Leo Nicholas stated that there is a forthcoming application for a special exception 3 to construct residential in a commercial zone on a comer lot. He requested to discuss both this and the previous issue at the Planning and Zoning Board level. The applicant's request is feasible however an amendment to the code section would create subsequent changes x to other sections of the code. Mr. Boucher summarized that the Council favored building I single - family homes on non - conforming lots of record. 1 i 1 City of Cape Canaveral, Florida t City Council Regular Meeting October 21, 2003 1 Page 11 I C I 3. City Council 1 Mr. Morgan • Mr. Morgan requested to take the City Manager and the Public Works Director and on a tour to review and address stormwater concepts. Mr. Hoog 1 • Mr. Hoog inquired about the stormwater project near Harbor Heights. Mr. Gardulski replied that the project would resume. Mr. Hoog expressed disfavor with the state of the canal and inquired about the City taking action. Mr. Boucher stated that the County provided cleaning. Mayor Randels replied the Mr. Gould was receptive to cleaning on the north side. • Mr. Hoog informed that Mr. Baugher purchased the western part of the Fairvilla property. Mr. Boucher stated that Fairvilla wants to contest their agreement with the City q due to the sidewalk installation on Thurm Blvd • Mr. Hoog inquired about a Board member's status. Mr. Boucher stated that if the member did not resign, the Council has the authority to remove any member from a Board. Mr. Hoog stated that he should provide his credentials or resign from the Board. Mr. j Boucher stated that he would require Mr. Holfve to produce his credentials or be removed i from the Board. Mr. Treverton 1 • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked if the Fairvilla Adopt -A- Highway Sign was removed. Mr. Gardulski would address the issue. • Mayor Pro Tem Petsos reported that a safety fence was constructed on Center Street inclusive of the City's property. Mr. Gardulski would visit the area , Mayor Randels • Mayor Randels reported that the Seafarers Ministry raised $7,000 in the Walk-for- Bibles event; extended thanks to the Council for permitting the event. • Mayor Randels announced that Port Canaveral has a new aerial photograph. • Mayor Randels reported on a land sale in the City that sold for $1.7 million for 11 acres. • Mayor Randels reported that he was a judge in a recent Paws -at- the -Pier that raised $15,000 for the Humane Society to build a new animal shelter building. I • Mayor Randels reported on few City Board vacancies; 5 boards have no vacancies and 1 Board has 1 Alternate vacancy of the 9 City Boards. • Mayor Randels reported that NUI Gas has requested a 28 percent increase in City gas prices. • Mayor Randels reported on the Occupational Licensing Packet presenting small business information prepared by the Finance Department. • Mayor Randels announced that he serves on the Goodwill Industries Board that provides job training, placement and vocational services for the physically challenged. I e • Mayor Randels asked if the City Manager would include the Showerhead Exchange Program in the upcoming newsletter. 1 A j ,, City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 12 i C • Mayor Randels reported that Attorney Garganese was awarded an AV Attorney f rating by Martindale - Hubbell. • Mayor Randels announced that Keep Brevard Beautiful advertising appears more now on the envelopes sent to applicants for a new license plate. He recognized Larry Weber's efforts. i • Mayor Randels reported that the Video Display Company on Center Street secured a $3.4 million contract from Boeing. • Mayor Randels displayed a copy of the Palm Bay newsletter for comparative review. • Mayor Randels reported that Brevard County increased its recyclables list. Mr. Boucher stated that information is in the City's upcoming newsletter. • Mayor Randels distributed a book on water policy from the Department of Agriculture. Mr. Nicholas asked if the V.F.W. could receive the ceiling panels from the Council Chambers after the renovation project. 1 Mayor Pro Tem Petsos announced the Make a Difference Day City Cleanup on Saturday, October 25th. Sign in is at 8:00 A.M. at City Hall. x 1 ADJOURNMENT: There W h r business the meeting adjourned at 9:30 P.M. c? QQJQ 9 � t 1 tr . S _, i - ° f Rocky Randels, MAYOR z g Sdila 4, ws St s . QLTY sLERK i i , I