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HomeMy WebLinkAboutMinutes 06-20-2000 Regular CITY COUNCIL REGULAR MEETING CI CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 20, 2000 7:00 P.M. ROLL CALL: Council Members Present Burt Bruns Richard Treverton Lar ry Weber Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present Bennett Boucher, City Manager Y i Susan Stills, Assistant City Clerk Kohn Bennett, City Attorney . Morris Reid, Acting Building Official 1 Todd Peetz, City Planner ORDINANCES — FIRST PUBLIC HEARING: 1. <Tape 1, 56> Mayor Randels read Ordinance No. 07 -2000 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SUB - PARAGRAPH (3) OF PARAGRAPH (a) SECTION 110- 470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Bruns commended the Planning and Zoning Board for their work on the ordinance. Mr. Treverton concurred in that the ordinance is inclusive. However, he questioned about providing for a taller fence abutting a right -of -way in a commercial district. He viewed four -foot chain link fence around a salvage yard and questioned if there were an avenue if a business owner desired a taller fence. Mayor Randels answered that when the owner of the salvage yard applied for a special exception to store vehicles, the requirements were a fence and a screen. Attorney Bennett clarified for the record that this ordinance was not endorsed by the Planning and Zoning Board and was in fact the work of the City Council and the Building Department. The ordinance drafted by Planning and Zoning repealed fence exemptions. He responded to Mr. Treverton that the ordinance City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2000 Page 2 does not allow for a fence in excess of four -feet butting the road. He stated that a variance is the avenue in such a circumstance. However, the Board of Adjustment, in granting a special exception, can only require what is permitted by the code. Attorney Bennett clarified that residential not commercial property was relative in the fence exemption issue. Mayor Pro Tem Petsos stated that a salvage yard could be established 25 -feet from the right -of -way in a commercial area and that this would impact new construction in the C -1 and M -1 zoning. Attorney Bennett explained that in any case an applicant would need a special exception that has a six -foot fence requirement as well as a 25 -foot setback requirement that recreates a buffer. Mr. Weber queried about rebuilding after damage. Attorney Bennett stated that a new fence would need to comply with new code. Mr. Reid concurred that all new construction must comply with the current City and building codes within State statutes for the specified lot. Mr. Treverton restated his desire for a special exception that would allow for a higher fence. Attorney Bennett responded that an applicant could apply for a variance, however you cannot grant a variance for height within a special exception request. Attorney Bennett read from Section 110 -470 Paragraph (4) for further clarification that specified the eight -foot fence height requirement and four -foot requirement within 25 -feet of the right -of -way in commercial zoning. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Ordinance No. 07 -2000 for second reading. Motion carried as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. 2. <Tape 1, 625> Mayor Randels read Ordinance No. 08 -2000 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94, SIGNS, BY RE- ADOPTING THE CHAPTER IN ITS ENTIRETY, PROVIDING ADDITIONAL DEFINITIONS, EXCEPTIONS, LIGHTING, CRITERIA, STANDARDS, CONFORMANCE TIME LIMITS, OFF - PREMISES SIGNS, AWNINGS AND CANOPIES, AND AUTOMOTIVE SERVICE STATION SIGNS; AMENDING DISTRICT REGULATIONS REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Bruns referred to Section 94 - 7, Conformance, regarding the verbiage that reads, "by a date to be determined by a future referendum," in that he desired to delete this portion. Mr. Peetz suggested December 31, 2005 as a compliance date. Mr. Bruns stated that the date should come under discussion concurrently with the size and height. Attorney Bennett recommended omitting all other verbiage in Section 94 -7 following the first sentence that reads, "All signs or other advertising structures erected within the city limits shall conform to this chapter." Attorney Bennett also recommended that the verbiage on Page 16 conclude as, City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2000 Page 3 i "until they are removed or fall into disrepair." Mayor Randels queried the delay in addressing certain requirements until the Year 2005. Mr. Bruns stated that any new signs are amortized or depreciated over a seven -year period. Mr. Peetz responded to Mr. Treverton that seven years is the industry standard, however he chose five due to expediency. Attorney Bennett responded to Mayor Randels that all new signage is due to come into compliance on the effective date. He clarified that the amortization date would be addressed subsequently along with the size and height requirement. Mayor Randels referred to Attorney Garganese's letter that provided recommendations for the sign ordinance. The letter recommended additional verbiage in Section 94 -2(c). He recommended including the verbiage to address freedom of speech issues. Mayor Randels continued reviewing the letter with Section 94 -33 relating to requirement and procedures for Issuance of Building Permits. Attorney Bennett recommended adding the verbiage, "after approval by f the Community Appearance Board." Mayor Pro Tem Petsos recommended placing that verbiage before, "The Building Official shall grant" in Section 94- 33(a). Mayor Randels continued review of the letter with Section 94 -78, Political Signs. Mr. Weber questioned how the City would enforce political sign removal. Mayor Randels explained that a deposit is conditional and therefore returned, unlike a fee. Attorney Bennett queried if any other applicant was required to make a deposit to post signs. Mayor Pro Tem Petsos responded that a fee is paid for all other signs. Mayor Pro Tem Petsos contended that the deposit shows a good faith effort that the applicant will remove the signs. Attorney Bennett stated that failing to charge any one else discriminates for a content -based sign. Council agreed by majority to use Attorney Garganese's recommendations from Paragraph (a) and (b) in Section 94 -78 and to retain the current verbiage that requires a deposit for political signs. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance No. 07 -2000 including the amendments for second reading. Motion carried as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. RESOLUTIONS: 3. <Tape 1, 2030> Mayor Randels read Resolution No. 2000 -21: A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to insert the name of Elizabeth Mars as a Regular of the Beautification Board with a term to expire on November 1, 2002. Motion carried as follows: Mr. City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2000 El; Page 4 Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. CONSIDERATIONS: 4. <Tape 1, 2029 >Motion to Approve Canceling the Regular Meeting of July 4, 2000. A motion was made by Mr. Weber and seconded by Mr. Treverton to cancel the Regular City Council meeting of July 4, 2000. Motion carried as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. 5. <Tape 1,2074> Voting Delegate for the Florida League of Cities Annual Conference. A motion was made by Mayor Randels and seconded by Mr. Bruns to nominate Mayor Pro Tem Buzz Petsos as the voting delegate for the Florida League of Cities Annual Conference. Motion carried as follows: Mr. Bruns, For; Mr. Treverton, For; Mr. Weber, For; Mayor Pro Tem Petsos, For; Mayor Randels, For. 6. <Tape 1, 2141> Appointments to the SR S1A Corridor Study, Citizens Advisory Committee. Mr. Boucher explained that the Metropolitan Planning Organization is seeking citizen input on a Local Citizens Advisory Committee. Mayor Randels suggested nominating the City Board Chairpersons. Mr. Bruns related that Mr. Tom Quinn is interested in serving on the Committee. Mayor Pro Tem Petsos nominated Mr. Frank Baker. Mr. Reid recommended and Mr. Weber nominated Ms. Beatrice McNeely. Mr. Leo Nicholas and Ms. Jackie Coates declined nominations. Mr. Lamar Russell reconsidered and accepted a nomination from Mayor Randels. Mr. Weber suggested Ms. Andrea Shea -King or her husband Tim. Mayor Pro Tem Petsos suggested Mr. Alan Beals. Mr. Bruns said that he would contact Ms. Nadena Easter, Community Appearance Board Chairperson. If Ms. Easter could not serve, then Mr. Boucher could appoint someone. Mr. Boucher stated that Mr. Gardulski and Mr. John Pekar would serve on the Study Technical Advisory Team. REPORTS: City Manager 4 L 4 a City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2000 Page 5 o Mr. Boucher reported that the Thurm Blvd. construction is progressing as scheduled o Mr. Boucher announced that the State awarded the City two grants. He reported on one grant in the amount $112,500 for the Manatee Park boardwalk construction (with a match from the City in the amount of $37,500.) He reported on another grant for City park improvements for $50,000, to include: construction of additional basketball courts, two score ■ boards for the ball fields, eight new bleacher sets and converting the large field to a regulation softball field. Mayor Pro Tem Petsos commended Ms. Hanson on her work in acquiring the grant. o Mr. Boucher reported that he received a copy of the SSA Sand Filter report. He stated that the designer did not follow manufacturer specifications on the project and a course of action to remedy the issue would follow. o Mr. Boucher announced the Council Workshop meeting on June 27 at 5 PM for discussion of the Sewer Rate and Sewer Impact Fee Study, and discussion on the City Hall study. o Mr. Boucher reported that Cocoa Beach is requesting a joint meeting to discuss Reuse water. Mr. Boucher distributed and explained a water supply table. o Mr. Boucher related that Reuse schedules were hand delivered to City customers. o Mr. Boucher displayed the town flag presented to him by Council Member Fritz Boler of our Sister City, Kloten Switzerland o Mr. Boucher distributed Hurricane Information pamphlets from the Florida Department of Community Affairs. AUDIENCE TO BE HEARD: o Mr. Nicholas related about the overgrown weeds in Washington Avenue Park. He stated that although a "Weeding Day" is scheduled, he emphasized the need for attention to park maintenance. CITY CLERK o No report CITY ATTORNEY o No report C 1 1 i i MR. WEBER City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2000 1 Page 6 o Attended helicopter pad grand opening at Cape Canaveral Hospital and P P g P 9 P p he would like Dr. Emron Amami to make a presentation at the joint meeting with Cocoa Beach. MR. TREVERTON o No report MR. BRUNS i o Mr. Bruns encouraged Council to continue on the sign ordinance size /height requirement o Mr. Bruns questioned about the Storm Water Management status. Mr. Bruns expressed concern with establishing a fee. Mr. Boucher responded that he would establish an action plan to implement a storm water fee. MAYOR PRO TEM PETSOS o Mayor Pro Tem Petsos asked the City Manager to send notices those residents regarding water irrigation extending onto the sidewalks E o Mayor Pro Tem Petsos encouraged strict enforcement of no fireworks on the beach MAYOR RANDELS o Mayor Randels questioned about the County Beach easement agreement status. City Attorney stated that revisions were made and the agreement was forwarded to the County. o Mayor Randels reported on a Storm Water Management Grant opportunity from St. John's River Water Management District with a July 7 deadline o Mayor Randels distributed information on shoreline restoration o Mayor Randels distributed the New Business information booklets from the Economic Development Commission o Mayor Randels reported on the Letter of the Day article featuring Larry Weber's concern in keeping a community clean o Mayor Randels asked if there were any items for discussion at the Joint meeting Mayor meeting o Mayor Randels reported that Mr. Gardulski's community of Oak Hill received a grant from Waterfronts Florida. o Mayor Randels related that the Brevard Watercolor Society is working with the Business and Cultural Development Board on the Wednesday/ Friendsday. He queried Council's interest in purchasing City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2000 ' Page 7 1 f L purchase a watercolor painting for display in City Hall. Mr. Treverton recommended that the Board fund the purchase. o Ms. Jackie Coates related that the Board would discuss the painting purchase at its next meeting. She explained that the Society would feature watercolors of Old Brevard at Florida Institute of Technology in the fall. Ms. Coates related that she photographed the old Eberwein house, Cape Canaveral's oldest home, and Ms. Darlene Hunt could take on the project as part of historic Cape Canaveral. o Ms. Coates noted that a park in Palm Bay has ideas that could be incorporated in our Manatee Sanctuary Park. Mr. Reid is familiar with the area and agreed to take photographs. o A Cocoa Beach resident questioned the agreement of providing reuse water. Mayor Randels explained that Cape Canaveral would provide 650,000 gallons of reuse water to Cocoa Beach if available after Canaveral resident's needs are met. He responded that the City's water schedule is 7 to 10 A.M. in the morning and 6 to 10 P.M. in the evening every day. He stated that Cape Canaveral built and paid for the reuse infrastructure. For clarification, Mayor Randels explained that Cape Canaveral resident's paid initially by purchasing the water through the City of Cocoa and Canaveral resident's also paid through increased rates to upgrade the City sewer plant. Mayor Randels reemphasized that the agreement is to provide the excess to Cocoa Beach, however Canaveral residents are first in the distribution process. C-mtDc,\4. Rocky Randels, MAYOR fl im /i Susan . 1ls,.ASSISTANT CITY CLERK L