HomeMy WebLinkAboutMinutes 02-17-2009 WorkshopCITY COUNCIL WORKSHOP MEETING
WITH THE PLANNING AND ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 17, 2009
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 5:29 P.M.
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos (arrived 5:31 p.m.)
Mayor Rocky Randels
Council Member Shannon Roberts
Council Member Betty Walsh (arrived 5:58 p.m.)
Planning and Zoning Board Members Present:
Chairperson Beatrice McNeely
Lamar Russell (arrived 5:31 p.m.)
Donald Dunn
Dr. John Fredrickson
Ronald Friedman
Harry Pearson
John Johanson
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
Acting Building Official Dennis Clements
Planning & Dev. Director Barry Brown
Assistant Public Works Director Jeff Ratliff
DISCUSSION:
1. Discussion Re: Proposed Revisions to the Sign Code — Draft 02-05-2009.
The City Manager, Bennett Boucher, clarified for Mayor Randels that this is the final
IL working draft of the Sign Code and directed Council to go page by page starting with
Page 1. He requested that the City Council and the Planning and Zoning Board make
City of Cape Canaveral, Florida
City Council & P&Z Workshop
Sign Code
February 17, 2009
Page 2 of 3
note of any major sticking points that might have been overlooked before sending the
document to the Local Planning Agency.
Mayor Randels apologized to resident and volunteer, Joyce Hamilton, for not
recognizing her contribution of a $100 Savings Bond to a participant at the Student Art
Show on February 7.
Discussion took place on the following:
• Inquiry was made about the minutes from the last Sign Code workshop and
products anticipated from staff. Attorney Garganese confirmed that all of the
comments that were accumulated over previous workshops were incorporated in
to this draft. He stated that it was possible some things might have been missed
along the way.
• Attorney Garganese brought out that he would have preferred a more form
based code with more depictions as this would allow the City Council to
approve certain signs that they like and do not like in a form based type code.
He said this could be worked on at a later date and it would have the force of law.
Mayor Randels read the fourth recital on Page 1 of the draft: "the goals of this ordinance
are content neutral and unrelated to the suppression of free expression" and explained
that the goal is to basically look at the sign location, zoning, etc...
Starting with Page 1 of 28 of the draft, Mayor Randels asked the group for input:
• A suggestion was made to streamline the recitals to avoid redundancy. Attorney
Garganese stressed the importance of the recitals to uphold the law when an
ordinance gets challenged in court. He specified that the court will look at the
legitimate government purpose and the rational behind the ordinance, especially
when they involve constitutional issues.
• Sec. 941 Definitions: Discussion took place regarding a possible duplication
of definitions for Above Roof Signs on page 2 and Roof Signs on page 6. It was
also mentioned the words "eave or" should have been struck from the definition
for Above Roof Signs. Mr. Boucher stated these issues would be double
checked.
• On Page 3, Council agreed to add a new word under Definitions for Digital
Electronic Signs with see Electronic Signs as a reference.
• Council agreed to add the word "messaging" between the words Electronic
signs on Page 3 under Definitions.
• On Page 3, Council agreed to add the words "brick pavers" to the list of
examples included in the definition of Edge of pavement.
• An editorial request was made of the City Attorney to be consistent when using
numerals and words by adding the number in parenthesis after the word (ex. five
(5)) through out the ordinance.
City of Cape Canaveral, Florida
City Council & P&Z Workshop
Sign Code
February 17, 2009
Page 3 of 3
• On Page 4, Council agreed to edit the definition of Hazardous sign to read
"which constitutes a vehicular and/or pedestrian hazard or a detriment to
traffic safety".
• On Page 5, discussion took place on the possibility of adding a definition for
municipal directional signs after Monument signs. Attorney Garganese pointed
out a barrier that other cities have had. He explained that in the case that came
out of the Eleventh Circuit Court of Appeals back in 2005, Solantic, LLC v City of
Neptune Beach, The City of Neptune Beach had many exemptions in their code
and the court found that the code was unconstitutional as content based.
Attorney Garganese stressed that trying to implement the practical concern of
municipal signs is extremely difficult from a legal perspective. Attorney
Garganese responded to Ms. Roberts that traffic control signs, which include
directional signage, are in that ordinance and are permitted within the right-of-
ways by the Florida Department of Transportation. Council agreed to have the
definition written into the code.
• On Page 5, it was questioned why political and non-profit signs were not
mentioned under the On-site or on -premises sign definition. Attorney Garganese
stated that it was his opinion, citing the appeal he just read, that to include these
signs would be a recipe to have the ordinance declared invalid. Obscene sign,
however, should be included because it is not constitutionally protected speech.
• On Page 7, Council agreed to remove the words "and primarily intended for
vehicular movement" from the definition of Street right-of-way.
• On Page 7, clarification of the definition of Visibility triangle was requested. Mr.
Russell of the Planning and Zoning Board suggested that everyone read the
chapter in his book on easements and right-of-ways.
Mr. Boucher announced that an E-mail invitation would be sent to coordinate another
workshop for the last week of February.
ADJOURNMENT:
There being no further business, the meeting adjourned at 6:50 P.M.
M' Goforth, Reddrding Secretary