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HomeMy WebLinkAboutMinutes 05-01-1990 CITY COUNCIL REGULAR MEETING MAY 1 , 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on May 1 , 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 [of Don Arabian, John Porter and Rocky Randels . Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Leeser. Mrs. Thurm moved to approve the minutes of the Regular Meeting of April 17, 1990. Mr. Arabian seconded motion. Motion carried unanimously. Mr. Arabian moved to approve the minutes of the Combined Work- shop and Special Meeting of April 18, 1990 . Mrs . Thurm seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1 . Ordinance No. 19-90 Amending Chapter 660, Land Development Code, to include Chapter 612, Coastal Construction Code (Second 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 . Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. 2. Ordinance No. 20-90 Amending Zoning Regulations Section 632. 01 by Establishing Definition of Paving (Second 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. Mr. Arabian moved for adoption. Mr . Porter seconded motion. Motion carried unanimously. 3. Ordinance No. 21-90 Amending Chapter 662, Concurrency Management System, by Amending the Evaluation Criteria for Transportation Facilities (Second Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 662, CONCURRENCY MANAGEMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY AMENDING THE EVALUATION CRITERIA FOR TRANSPOR- TATION FACILITIES; PROVIDING SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting May 1 , 1990 Page 1 of 4 Mayor Salamone read the title of the Ordinance . Mr. Arabian moved for adoption. Mr. Porter seconded motion. Discussion followed. Mr. Nicholas and Public Works Director, Mr . Bennett Boucher, explained how the peak hour trips are determined. Discussion followed. Mr. Arabian moved to amend Section 1 of the proposed Ordinance as follows : Amend first sentence of sub-paragraph (e) ( 1 ) to read "For developments that are anticipated to generate two new peak hour trips or less . . . " Amend sub-paragraph (e ) ( 2) to read: "For developments that are anticipated to generate three to twenty new peak hour trips, a determination of excess capacity is required at four City traffic count stations: one shall be at the northern extreme of SR A1A within the City limits, one shall be at the southern extreme of SR A1A within the City limits, and the other two shall be taken at the stations nearest the develop- ment, which are not located on SR A1A. " Amend sub-paragraph (e) ( 3) to read: "For developments that are anticipated to generate 21 to 100 new peak hour trips, the Applicant shall submit a traffic impact study that notes trip generation characteristics, trip distribution, and antic- ipated capacity impacts at five city traffic count stations: one shall be at the northern extreme of SR A1A within the City limits , one shall be at the southern extreme of SR A1A within the City limits , and the other three shall be taken at stations nearest the development, which are not located on SR A1A. " Mrs. Thurm seconded motion. Discussion followed. Vote on the motion was unanimous. Discussion was held on requiring the traffic counts and studies to be conducted by an independent consulting firm. Mr . Theriac suggested the sentence "All evaluations required in this Chapter shall be performed by an independent professional entity recog- nized in the field of transportation studies" be placed at the end of paragraph (c) ( 2) (a) . Mrs . Thurm so moved. Mr. Arabian seconded motion. Discussion followed. Motion carried unani- mously. Vote on the main motion was unanimous. Ordinance No. 21-90, as amended, was adopted on Second Reading. NEW BUSINESS 1 . Ordinance No. 22-90 Amending Chapter 657 by Establishing New Chapter Entitled Tree Protection and Land Clearings; Repealing Chapter 622 (First Reading and Public Hearing ) 401 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING CHAPTER 622, LAND CLEARING AND LAND CLEARING BURNINGS, AND CHAPTER 657, TREE PROTECTION, IN THEIR ENTIRETY; ESTAB- LISHING A NEW CHAPTER 657 ENTITLED "TREE PROTECTION AND LAND CLEARINGS" ; PROVIDING DEFINITIONS ; PROVIDING FOR LAND CLEARING REGULATIONS; PROHIBITING LAND CLEARING WHERE A PERMIT IS REQUIRED PRIOR TO THE ISSUANCE OF A DEVELOPMENT ORDER; REQUIRING SURVEY PERMITS AND LAND CLEARING PERMITS; City Council Regular Meeting May 1 , 1990 Page 2 of 4 PROVIDING PROVISIONS FOR THE PROTECTION OF TREES AND VEGE- TATIVE BUFFERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVEGETATION REQUIREMENTS; PROVIDING PENALTIES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Porter moved to approve First Reading. Mr. Arabian seconded motion. Mr. Theriac noted he had revised the penalty section. He further noted he was researching the possibility of also estab- lishing criminal penalties as well as civil penalties and would have a recommendation for the next Workshop Meeting. Discussion followed. 10, Vote on the motion was unanimous. Ordinance No. 22-90 was approved on First Reading. 2. Resolution No. 90-23 Expressing Concern Regarding the Inter- state Allocation of Grant Funds Relative to the Payment of Florida Taxes A RESOLUTION EXPRESSING THE CONCERN OF THE CITIZENS OF CAPE CANAVERAL, FLORIDA, REGARDING THE INTERSTATE ALLOCATION OF GRANT FUNDS RELATIVE TO THE PAYMENT OF FLORIDA TAXES ; PRO- VIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Arabian moved for adoption. Mrs . Thurm seconded motion. Motion carried unanimously. 3. Resolution No. 90-24 Requesting the Legislature Fully Fund and Implement the 1987 Florida Beach Management Act A RESOLUTION REQUESTING THE LEGISLATURE FULLY FUND AND IMPLEMENT THE 1987 FLORIDA BEACH MANAGEMENT ACT; PROVIDING AN EFFECTIVE DATE . Mayor Salamone read the title of the Resolution . Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Motion carried unanimously. ADD-ON ITEM Mrs. Leeser requested Council consider an add-on item to appoint members to the Construction Board of Adjustments and Appeals because a case was coming before the Board . She noted that the last time the Board met was in 1986. Mr. Arabian moved to add the following item to the agenda. Mr . Porter seconded motion. Motion carried unanimously. 4. Resolution No. 90-25 Appointing Members to the Construction Board of Adjustments and Appeals A RESOLUTION APPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Arabian moved for adoption. Mr. Porter seconded motion. Discussion followed. Motion carried unanimously. Mr . Walter Bowman and Mr. Cliff Ray were appointed to the Board. DISCUSSION Mr. Nicholas distributed the CCVFD Monthly Activity Report . He also noted that the City of Cocoa had adopted new water rates and that the fire hydrant rental would increase from $100.00 to $120 .00 per year. City Council Regular Meeting May 1 , 1990 Page 3 of 4 Mr. Nicholas advised that the Beach Access Initiative Program was looking for small pieces of ground already in existence. Discussion followed. Mr. Nicholas reported that he had received several calls from elderly citizens requesting assistance in removal of dead trees. Discussion followed. It was the consensus of Council that the City should not get involved unless the trees were located on City right-of-way. Mr . Nicholas further explained that the City maintenance crews had been working on Saturdays to pick-up the dead debris with the wood chipper. He noted that the mulch would be offered to the public. (0 Mr. Theriac reported on the Government in the Sunshine Law Seminar he recently attended . Mr. Porter noted that he had a tape on Stormwater Management that he would like the Council to review. The tape will be viewed at the next Workshop Meeting . Mr. Porter suggested that Council address the recent decision rendered by the Fifth District Court regarding Mr. Nicholas ' appeal on the Commission on Ethics hearing . Discussion followed. Mr. Arabian voiced the opinion that nothing more than the Commis- sion ' s recommendation should be imposed but suggested that a Code of Ethics be established for all City employees . Mayor Salamone advised that this is addressed in the State Statute. Mr. Porter and Mayor Salamone voiced the opinion that the City Manager should be dismissed since his appeal was denied. Mrs . Thurm contended that the City Council had previously dealt with this issue by voting to impose the penalty recommended by the Commission on Ethics, which was a $1 , 500 fine and public reprimand. Mr. Theriac advised that there was a legal question whether or not the Council could readdress the issue. He explained that since a member of his firm had represented Mr. Nicholas in his appeal, he would recommend that a legal opinion be sought from an independent attorney, and suggested Attorney Mark Peters. Discussion followed. Mr. Theriac will report back to Council when he receives the legal opinion. Discussion was held on the success of the street cleaning; enforcing the water restrictions; and charging admittance to Cheri Down Park. There being no further business, the meeting was adjourned at 9: 40 P.M. Approved this 15th day of May , 1990. (10, Mayor Pro Tem 5- •4 f f t (0. /.617 C Cler/ City Council Regular Meeting May 1 , 1990 Page 4 of 4