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HomeMy WebLinkAboutMinutes 12-02-2003 Regular i i CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 2, 2003 7:00 PM i MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: I Council Members Present: Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels i 0„ Council Member Richard Treverton Council Member Absent: Mayor Pro Tem Bob Hoog Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Recreation Director Nancy Hanson I Public Works Director Ed Gardulski CONSENT AGENDA: s 1. City Council Regular Meeting Minutes of November 18, 2003. 2. Outdoor Entertainment Permit for the 8 Annual Reindeer 5K Run/Walk for the United Way of Brevard County. 3. Approval of Employee Christmas Bonus. 1 City of Cape Canaveral, Florida City Council Regular Meeting December 2, 2003 Page 2 of 6 4. Resolution No 2003 -48; Reappointing Regular Members to the Construction Board of Adjustments and Appeals (T. Quinn, N. Boucher & R. Byrd). Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. iF A motion was made by Mr. Morgan and seconded by Mr. Miller to approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing 5. Motion to Approve: Ordinance No 41 -2003; Non - Conforming Lots, for Second Reading. Mayor Randels read Ordinance No 41 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE V, CHAPTER 110 OF THE CITY CODE, ENTITLED NONCONFORMITIES; PROVIDING REGULATIONS FOR NONCONFORMING LOTS OF RECORD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels explained that there are property lots of an allowable size to build town homes but not to build single - family residences. Mr. Boucher stated that the intent of the Board is to allow single - family homes on these existing non - conforming lots of record. Mr. Treverton questioned Section 110 -196 (b). Mr. Nicholas explained that the intent of this section was to combine the two non - conforming Tots to create a larger lot for residential construction. Mr. Treverton questioned why a 50 -foot size lot would not be adequate enough for residential construction. Attorney Garganese stated that the ordinance serves two purposes that apply to non- conforming lots. He defined the requirement for a conforming lot that meets a minimum bulk requirement. Subparagraph A would allow building a single - family residence on a non - conforming lot. Subparagraph B addresses how to handle two contiguous non - conforming lots by building a larger residence using the two non- conforming lots. Mr. Morgan stated that Subparagraph B infringes on property rights. Mr. Nicholas explained that the idea was to upgrade the size of the lot in order to avoid closely adjoining residential property. He asked the Council to consider excluding the combining lot portion of the provision. Ms. McNeely also asked that j 1 City of Cape Canaveral, Florida 1 City Council Regular Meeting December 2, 2003 1 rd Page 3 of 6 the Council exclude subparagraph (b). Mr. Morgan expressed his concern with allowing town home construction but not a residential on a 50-foot lot. He stated that this requirement applies to new subdivisions only Mayor Randels summarized that the ordinance could be approved with the excluded subparagraph noted. Mr. Boucher inquired about the possibility of language to address redevelopment on a non= conforming lot such as razing an older structure to build on the lot. Council did ' not choose to include redevelopment language in this amendment. I i 1 Amendment to the Main Motion: An amendment to the main motion was made by Mr. Treverton and seconded by Mr. Morgan to eliminate subparagraph (a)(1 and subparagraph (b) and to incorporate subparagraph (2) into Paragraph (a). 1 The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. i Main Motion: A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve Ordinance No. 41 -2003 at first reading. The vote on the I motion carried 4-0 with voting as follows: Mn Miller, For Mn Morgan, For; Mayor Randels, For and Mn Treverton, For RESOLUTIONS: I Coo 6. Motion to Adopt: Resolution No 2003 -49: Agreement for i Engineering Services with Stott ler, Stagg, and Associates. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ENGINEERING SERVICES AGREEMENT WITH STOTTLER, STAGG AND ASSOCIATES, ARCHITECTS, ENGINEERS, PLANNERS, INC., TO PROVIDE CONSULTING ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. i Mayor Randels explained the negotiation process between the City Manager and the Engineering firm of choice. Mayor Randels expressed his desire to Mr. Pekar to see the 15-day site approval turnaround time on site reviews. Mr. Boucher pointed out that the firm would provide a billing recap and refund any remaining sums to the applicant. Mr. Pekar replied to Mr. Treverton that project rates are approved on a per project basis. A motion was made by Mn Treverton and seconded by Mn Morgan to Approve the Agreement for Engineering Services with Stottler, Stagg and Associates. The vote on the motion carried 4-0 with voting as follows: Mn Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. i I 1 i City of Cape Canaveral, Florida City Council Regular Meeting December 2, 2003 1 Page DISCUSSION: 7. Review of Board Member Application. Mayor Randels acknowledged Mr. Lars Holfve and noted that he submitted his academic credentials however the documents were in Swedish. Mr. Holfve explained his academic background to the Council. He graduated from school at age 12 and again at age 17 and continued on with college course work. Mr. Holfve stated that he acquired the requested documents from the Swedish education department archives. Mayor Randels summarized that Mr. Holfve has submitted the appropriate documentation to substantiate his academic credentials. 1 8. Review of Proposed County Fireworks Ordinance. Mayor Randels summarized that the Fireworks committee decided to address the six fireworks distribution centers. He said that the County is proposing fireworks sales in Zone iU (Industrial Zoning). The committee's main intent is to regulate sales. Mr. Morgan expressed that the intent might cause subversive fireworks sales. Discussion ensued on mail -order fireworks sales. Mr. Boucher said that he would forward Council's agreement on fireworks sales regulation to the committee. Discussion ensued on establishing moratorium on issuing licenses to fireworks '' C distribution centers. Attorney Garganese stated that a designated zoning ordinance would be in order instead of setting a moratorium. "" 9. Regulation of On -Site Storage Containers. i r On behalf of Mayor Pro Tem Hoog, Mayor Randels explained how the temporary Portable On- Demand Storage might become permanent structures once delivered. Mr. Morgan pointed out that public safety is a concern due to lack of tie -down. He stated that moving or construction is a valid purpose however these structures should have a designated time of use. Mayor Randels asked the Building Official how he would address their use. Mr. Morley replied to set a time limit on usage. Attorney Garganese stated that the burden of applying for permitted use could be placed on the POD Storage Company. The City Attorney would provide the regulatory language for permitted use. 10. Model Shuttle Project. Mayor Randels displayed the photos that Mr. Boucher submitted of the model shuttle. Mr. Boucher stated that he is working with a group of NASA and USA Space volunteers on the project. The volunteers would supply some of the materials needed. Council agreed for the committee to continue their work. c I City of Cape Canaveral, Florida City Council Regular Meeting December 2, 2003 ( Page5of6 REPORTS: 1. City Manager • Mr. Boucher encouraged the Council to jparticipate in the Reindeer Run 5K Walk/Run on Saturday, December 13" at 8 A.M. from Cherie Down Park. • Mr. Boucher reported that Mayor Randels has been working with the Carlisle Group to develop affordable housing units in the City. The company builds as well as manages the units. Mr. Boucher explained that the company could build new housing or retrofit existing housing. The company's goal is to establish aesthetically pleasing units. Council expressed an interest in pursuing the program. • Mr. Boucher reported that the Stormwater Fee letters would be distributed in the upcoming week and a Town meeting is scheduled for Wednesday, December 10 at 6:00 P.M. • Mr. Boucher also reported that the Manatee Sanctuary Park Request for Bid was published and the bid opening is scheduled for December 22" • Mr. Boucher commended the Public Works Department on decorating the City for the holidays. • Mr. Boucher announced the Space Coast League of Cities dinner on Monday, December 8 and the City of Palm Bay as the City's gift recipient. ce 2. Staff Building Official • Mr. Morley announced five new, five -story condominiums in the City • Mr. Morley also announced occupancy at Bayside condominiums in the near future. Recreation Director • Ms. Hanson announced the Holiday tree lighting program at the Library, on December 14 at 7:00 P.M. City Clerk • No report. City Attorney • Attomey Garganese reported that he and the City Manager would review the sidewalk construction on the Fairvilla property due to Fairvilla's opposition. • Attorney Garganese reported that the Milliken settlement negotiations had severed and a Court order would follow. A motion for contempt of court would regulate any further bee- keeping activity on Mr. Milliken's part. AUDIENCE TO BE HEARD: • Mr. Nicholas inquired about the Fairvilla Adopt -A- Highway signs. Mr. Gardulski fir° replied that he would address the signage. t P g City of Cape Canaveral, Florida City Council Regular Meeting t December 2, 2003 1 Page6of6 1 • Mr. Nicholas thanked the Mayor for speaking at the Veterans Memorial service and Mr. Treverton and Mayor Pro Tem Hoog for attending. i • Mr. Nicholas announced the annual Children's Christmas Party at the Library on December 20 He replied to Mr. Morgan that the V.F.W. provides toys to disadvantaged children in the community. Mr. Boucher stated that interested parties could also deliver new unwrapped toys at the precinct. i 3. City Council Mr. Miller • No report. Mr. Morgan • No report. i Mr. Treverton • No report. i Mayor Randels • Mayor Randels reported on the Shower Exchange Program at City Hall. The City of Cocoa delivers water - conserving showerheads for local distribution. • Mayor Randels reported on the expiration of funds for the Space Coast Area Cl Transit buses. He said that usage has increased by 29 percent and he would pursue continued funding. • Mayor Randels reported that he attended a Zoning and Land Use Seminar along with the City Manager and Planning and Zoning Board Chairperson. Land Use issues have become a prevalent topic around the state. • Mayor Randels asked if there were any interest in acquiring a map paid for through local advertising that indicates schools, parks and recreation. t I ADJOURNMENT: T h i t, r44 ! Ett i ng no fusiness, the Chair adjoumed the meeting at 8:45 P.M. i t I �. ®' kkk u 4,- t " Rocky Randels, MAYOR S tills.,.GITY i 6 t k G' �,_ tip?,;_.. 1 Coe 1 g . pp 9' " g '