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Home My WebLink AboutMinutes 04-17-1990 CITY COUNCIL REGULAR MEETING APRIL 17, 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on April 17, 1990, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7: 32 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, John Porter and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Leeser. Mr. Porter moved to approve the minutes of the Special Meeting of March 29, 1990. Mrs . Thurm seconded motion. Motion carried unanimously. Mr. Porter moved to approve the minutes of the Regular Meeting of April 3, 1990. Mrs. Thurm seconded motion. Motion carried unanimously. At this time, Mayor Salamone read Proclamations regarding Arbor Day and Soil and Water Stewardship Week. UNFINISHED BUSINESS 1 . Ordinance No. 18-90 Amending Chapter 657, Tree Protection by Prohibiting the Destruction of Certain Plant Life (Second Reading and Public Hearing ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 657, TREE PROTECTION, OF THE CODE OF ORDI- NANCES BY PROHIBITING THE DESTRUCTION OF CERTAIN PLANT LIFE; ESTABLISHING PENALTIES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved for adoption. Mr . Porter seconded motion. Mr. Theriac recommended the following amendments: Amend Section 1 by adding the following words to the last sentence of Sec. 657. 02(A) In addition, " without prior written permission of the Building Official, . . . " ; Adding a new section providing for severability; Amending Sub-section 657. 07 to read as follows: Sec. 657. 07(C) Any person, who violates the provi- sions of Section 657. 02 by removing or destroying any of the prohibited plant life shall be punished by a fine up to $250. 00 for each plant removed or destroyed. A certified copy of the order imposing a fine may be recorded in the Public Records and thereafter shall constitute a lien against the land on which the viola- tion exists and upon any other real or personal property of the violator. Said lien shall be enforce- able as provided in Florida Statute 162. 09. Mr. Porter moved to amend the proposed Ordinance according to the City Attorney' s recommendations. Mr. Arabian seconded motion. Discussion followed. Vote on the motion was unanimous. It was pointed out that Sub-section 657. 02(A) of the proposed Ordinance would prohibit a person from moving a plant from one location to another on their own property. Mr. Arabian moved to amend that section by deleting the words "or move" in the first City Council Regular Meeting April 17, 1990 Page 1 of 3 sentence. Mrs. Thurm seconded motion. Discussion followed. Vote on the motion was unanimous. Mr. Arabian voiced the opinion that the removal of trees of two inches in diameter, rather than the four inches specified in the Ordinance, should be prohibited. Discussion followed. Vote on the main motion on the floor was as follows: In favor, Mr. Porter, Mr. Randels, Mayor Salamone and Mrs . Thurm. Opposed, Mr . Arabian. Motion carried. Ordinance No. 18-90, as amended, was adopted on Second Reading. NEW BUSINESS Er 1 . Ordinance No. 19-90 Amending Chapter 660, Land Development Code, to include Chapter 612, Coastal Construction Code (First Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 660, LAND DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY INCORPORATING CHAPTER 612, COASTAL CONSTRUCTION BUILDING CODE, INTO THE LAND DEVELOP- MENT REGULATIONS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved to approve First Reading. Mrs . Thurm seconded motion. Discussion followed. Motion carried unanimously. 2. Ordinance No. 20-90 Amending Zoning Regulations Section 632. 01 by Establishing Definition of Paving (First Reading and Public Hearing ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 632 . 01 , ZONING DEFINITIONS, OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A DEFINITION FOR PAVING; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mrs . Thurm moved to approve First Reading. Mr . Porter seconded motion. Mr. Nicholas pointed out that the proposed Ordinance had been recommended by the Planning and Zoning Board and that it does not allow for the use of gravel, oyster shell, or other similar types of materials . Discussion followed. Mr . Randels and Mr . Porter spoke in favor of the proposed Ordinance. Vote on the motion was unanimous. Ordinance No. 20-90 was approved on First Reading. 3. Motion Re: Ratification of Labor Agreement with the Inter- national Union of Operating Engineers (1, Mr. Porter so moved. Mr . Arabian seconded motion. Mr . Nicholas explained that this agreement was the result of the negotiations with the Union and that no changes could be made at this time. Discussion followed. Vote on the motion was unanimous. 4. City Manager ' s Report Mr. Nicholas reported on the following : - The increased cost of fireworks would exceed budgeted amount . It was the consensus of Council to order the same size display as last year and take care of the discrepancy when the budget transfers are done. - The cost of the bid recently awarded for the design of the Dune Crossovers was $2, 800. City Council Regular Meeting April 17, 1990 Page 2 of 3 - Senator George Kirkpatrick was proposing to close the State Library. Consensus of Council that City should write a letter to legislative delegation objecting to the sugges- tion. - The Zoning Board of Adjustment had denied the request to construct residential units on the C-1 property at the entrance to Ocean Woods. DISCUSSION Mr. Theriac reported that the Appellate Court had heard the case of Cape Winds vs. the City and had ruled in favor of the City. ErHe further noted that action would be forthcoming on the Jeff Rich Lawsuit. Mr. Theriac reported that his research indicated that parking stickers could not be issued to the residents of Harbor Heights. Mrs. Thurm noted that the problem at the end of Harbor Heights seemed to be resolved to everyone ' s satisfaction. Mr. Ray McGhee, a resident of Harbor Heights, thanked the council for their swift response to the problem. Discussion was held on the letter received from Mr . Malcolm McLouth regarding the Beach Restoration, and possible funding sources. Mr. Randels suggested that Council consider taking measures to limit the length of the meetings to a reasonable time. He sug- gested either limiting the Council ' s discussion time on the items and/or stopping the meetings at a designated time . Discussion followed. This item will be discussed further at the next Workshop Meeting. Discussion was held on gifts to be exchanged when the delegation from the Sister City of Ithaca, Greece visits in June. This item will be discussed further at the next Workshop Meeting. Mr. Porter reported on the Recreation Center and Sheriff Depart- ment 's activities during the last month. He also gave a report on the MPO Interjurisdictional Committee that he serves on. Mr. Arabian raised a question regarding the enforcement of Code violations. Mayor Salamone reminded Mr. Arabian that this was an administrative function. Discussion was held on notifying State and/or Federal agencies when a Building Permit Application is submitted for land which may be a natural habitat for endangered species . Mr. Arabian recommended testing samples of water from the sewer (W plant to see if its potable. Mr. Nicholas will research the cost and report back. There being no further business, the meeting was adjourned at 9: 07 P.M. Approved this 1st day of May , 1990. Saia.,,1_2.40 „,,, , ., , ., -".‘..t .,`.,sq,�ii, .yo i •, `0 /f ,1 c (4(eal." - \/i\y ,,' ' r , epr(- 1 4, ,,c2.6,t.__,- ity Clerk i,, " ``.j e :: City Council , .. ` * '`iL7 COO..,. -' Regular Meeting April 17, 1990 Page 3 of 3