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Home My WebLink AboutMinutes 01-25-1990 Special CITY COUNCIL SPECIAL MEETING JANUARY 25, 1990 A Special Meeting of the City Council of the City of Cape Canaveral, Florida was held on January 25, 1990 , at the City Hall Annex , 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone; Mayor Pro Tem, Ann Thurm; Council Members Don Arabian and John Porter. Also present were City Manager, Leo Nicholas; Deputy City Attorney, Mitch Goldman; and City Clerk, Jan Leeser. Mr. Randels was out-of-town. UNFINISHED BUSINESS 1 . Ordinance No. 1-90 Amending Comprehensive Plan to Comply with Stipulated Settlement Agreement with Florida Depart- ment of Community Affairs ( Second Reading and Public Hearing ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMEND- ING THE COMPREHENSIVE PLAN TO COMPLY WITH THE STIPULATED SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COM- MUNITY AFFAIRS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved for adoption. Mrs. Thurm seconded motion. There being no comments from the citizens in attendance, the Mayor requested that the question be called. Vote on the motion was unanimous. Ordinance No. 1-90 was adopted on second reading . 2 . Ordinance No. 2-90 Establishing Code Chapter 660 , Land Development Code ( Second Reading and Public Hearing) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTAB- LISHING CHAPTER 660, LAND DEVELOPMENT CODE; PROVIDING SEVERABILITY, REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs . Thurm moved for adoption. Mr. Porter seconded motion. Mr. Arabian voiced the opinion that the Comprehensive Plan needed to be amended regarding the environmentally sensitive lands. The City Clerk was directed to add this item to the list of proposed plan amendments which will be discussed at a later date. Discussion followed. Vote on the motion to adopt Ordinance No. 2-90 carried unani- mously. *"' 3 . Ordinance No. 3-90 Establishing Code Chapter 662, Concur- rency Management System ( Second Reading and Public Hearing ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTAB- LISHING CHAPTER 662 , CONCURRENCY MANAGEMENT SYSTEM; PROVIDING SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mrs . Thurm moved for adoption. Mr. Porter seconded motion. Mr. Arabian suggested changing the proposed Ordinance to be more restrictive CITY COUNCIL SPECIAL MEETING JANUARY 25, 1990 PAGE 1 OF 4 than the Comprehensive Plan. Attorney Goldman advised that the enabling Ordinances must be consistent with the adopted Comprehensive Plan. Discussion followed. Mr. Arabian moved to amend Ordinance No. 3-90 as follows: 1 . Change the word "recreation" to the words "open space and parks" wherever it appears in the Ordinance; 2 . Delete items 3 , 5 & 6 under the definition of Available; 3. Change the word "recreation" to the words "open space and 1110 parks" in the definition of Critical Public Facilities; 4. Change the Level of Service Standard from "E" to "C" in the definition of Insignificant Project; 5. In the last paragraph under Sec. 622 .05(B) , delete the sentence "If the applicant increases the intensity or density of the project during any stage in the development approval process, a new concurrency evaluation will be required. " ; 6. In Sec. 622. 05(C) ( 2 ) (c) , change the Level-of-Service Standard from "E" to "C" ; 7 . Change the title of sub-section 622 .05 (C) ( 6) from "Parks and Recreation Facilities" to "Parks and Open Space" ; 8 . Change Sec. 622. 05 (C) ( 6) (a) from " . . .one acre per 1000 population for parks. . . " to " . . .one acre per 100 population for parks. . . " ; 9. Change the time frame in Sec. 622 .05(E) ( 1 ) , ( 2 ) , ( 3) , and ( 4) to 12 months; 10. Delete entire Sec. 622 .05( I) . Mr. Porter seconded the motion. It was pointed out that some of the proposed amendments were really amendments to the Compre- hensive Plan and needed to be addressed as such. Mr. Lamar Russell, Chairman of the Local Planning Agency, and Mr. John Schock, the City' s Planner with Briley, Wild & Associates, addressed Council on these items. Mrs. Helen Filkins and Mrs. Mary Winchester spoke in favor of the amendments. Discussion followed. Vote on the motion to approve the amendments was as follows: In favor, Mr. Arabian and Mr. Porter; opposed, Mayor Salamone and Mrs. Thurm. Motion failed. Vote on the main motion, for adoption of Ordinance No. 3-90, was as follows: In favor, Mayor Salamone and Mrs. Thurm; opposed, Mr. Arabian and Mr . Porter. Motion failed. This item was reconsidered at the end of the meeting . 4. Ordinance No. 4-90 Establishing Code Chapter 664, Storm- water Management (Second Reading and Public Hearing) AN ORDINANCE ESTABLISHING CHAPTER 664, STORMWATER MANAGE- MENT IN THE CITY OF CAPE CANAVERAL, FLORIDA, REQUIRING STORMWATER MANAGEMENT PLANS FOR NEW DEVELOPMENT WITHIN THE CITY; ESTABLISHING PERMITTING PROCEDURES FOR STORMWATER MANAGEMENT SYSTEMS; PROVIDING FOR IMPLEMENTATION AND ENFORCEMENT BY ESTABLISHING FEES AND ALLOWING FOR FINES AND PENALTIES FOR NON-COMPLIANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. CITY COUNCIL SPECIAL MEETING JANUARY 25, 1990 PAGE 2 OF 4 Mayor Salamone read the title of the Ordinance. Mrs . Thurm moved for adoption. Mr. Arabian seconded motion. Discussion followed. Vote on the motion was unanimous. Ordinance No. 4-90 was approved on second reading. 5. Ordinance No. 5-90 Establishing Code Chapter 667, Wetlands Protection (Second Reading and Public Hearing) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTAB- LISHING CHAPTER 667, WETLANDS PROTECTION; STATING PURPOSE AND INTENT; PROVIDING DEFINITIONS; ESTABLISHING GENERAL PROVISIONS; ESTABLISHING STANDARDS FOR DEVELOPMENT IN AND ADJACENT TO WETLANDS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr . Arabian moved for adoption. Mrs. Thurm seconded motion. Discussion followed. Motion carried unanimously. Ordinance No. 5-90 was adopted on second reading. DISCUSSION Mayor Salamone suggested scheduling a special meeting to con- sider adoption of Ordinance No. 3-90, since it was incumbent upon the City to adopt it prior to January 31 . It was pointed out that since it was voted down, it would need to be considered as an Emergency Ordinance. Discussion followed. Mr. Arabian moved to reconsider Ordinance No. 3-90. Mr. Porter seconded motion. Motion carried unanimously. Mr. Arabian moved for adoption of Ordinance No. 3-90. Mr. Porter seconded motion. Mr. Arabian requested that his proposed amendments be considered individually. Mr. Arabian moved to amend by changing the word "recreation" to the words "open space and parks" wherever it appears in the pro- posed Ordinance. Discussion followed. Vote on the motion was as follows: In favor, Mr. Arabian and Mr. Porter; opposed, Mayor Salamone and Mrs. Thurm. Motion failed. Mr. Arabian moved to Delete items 3, 5 and 6 under the defini- tion of Available. Mr. Porter seconded motion. Discussion followed. At this time Mayor Salamone called for a ten minute recess. The meeting was reconvened at 9: 28 P.M. Mayor Salamone requested that the question on the motion on the floor be called. Vote on the motion was as follows : In favor, Mr. Arabian; opposed, Mr. Porter, Mayor Salamone and Mrs . Thurm. Motion failed. Discussion was held on changing the Level of Service from "E" to 111, "C" . Mayor Salamone pointed out that this item was already on the list of proposed amendments to the Comprehensive Plan to be considered at a later date. No motion was made on this item. After a discussion period on the intent of the sentence "If the applicant increases the intensity or density of the project during any stage in the development approval process, a new con- currency evaluation will be required" , Mr. Arabian noted he did not wish to propose an amendment on this item. Mr. Arabian moved to change the title of sub-section 622 .05(C) ( 6) from "Parks and Recreation Facilities" to "Parks and Open Space" . Discussion followed. Motion carried unanimously. CITY COUNCIL SPECIAL MEETING JANUARY 25, 1990 PAGE 3 OF 4 Mr. Arabian moved to change the time frame in Sec. 622 .05 (E) ( 1 ) ( 2) ( 3) and ( 4) to all be consistent. Motion died for lack of a second. Mr. Arabian moved to delete the entire Sec. 622.05( I ) . Mr. Porter seconded motion. Discussion followed. Vote on the motion was as follows: In favor, Mr. Arabian; opposed, Mr. Porter, Mayor Salamone and Mrs. Thurm. Motion failed. Mayor Salamone requested that the question be called on the main motion, for adoption of Ordinance No. 3-90, as amended. Vote on the motion was unanimous. Mrs . Thurm requested that the Resolution establishing the fees lair for the Concurrency Management Review be placed on the next workshop agenda. There being no further business, the meeting was adjourned at 10: 17 P.M. Approved this 6th day of February , 1990 . *, ,, k-...c.\-...,‘\\\, / (. OSG/10/1/.4;27,.,x_e Q ,,'tc,v- '•• A,�', t `' COV A',' ` v4 9a*ell , ... 0 : 1 CITY COUNCIL SPECIAL MEETING JANUARY 25, 1990 PAGE 4 OF 4