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HomeMy WebLinkAbout09-21-1993 CITY COUNCIL REGULAR MEETING September 21, 1993 A Regular Meeting of the Cape Canaveral City Council was held on September 21, 1993 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7: 00 P.M .. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Absent Councilmember Arthur Berger Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present. City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of September 7, 1993 . Motion by Mr. Randels, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of September 7 , 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 20 Special Meeting of September 13 , 1993 . Motion by Mr. Randels, seconded by Mrs. Calvert to approve the minutes of the Special Meeting of September 13 , 1993 as presented. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. PROCLAMATIONS: 1, City Government Week - October 3 - 9 , 1993 . Mayor Salamone read the proclamation and presented it to Mr. Randels who would in turn forward it to the Florida League of Cities. Mr. Randels briefly explained the purpose of the proclamation and the importance of local government. 2 . Lt. George McGee, Cape Canaveral Precinct, presented a plaque to the City Council thanking the Council and City staff for its participation in and support of the DARE program. PUBLIC HEARINGS: 1e Ordinance No. 29-93 , Amending Chapter 685, Parking Regulations, Section 685. 06, Penalties to revise the amounts charged for parking violations, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 685, PARKING REGULATIONS, SECTION 685. 06, ENTITLED "PENALTIES" OF THE CODE OF ORDINANCES TO REVISE THE AMOUNTS CHARGED FOR PARKING VIOLATIONS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Randels to approve Ordinance No. 29-93 at second and final reading. Mr. Boucher stated that the addition of a penalty for illegally parking in a designated fire lane would be presented to Council at a future workshop as an ordinance. Motion carried with members voting as City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 2 follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 2 . Ordinance No. 30-93 , Amending Chapter 671, Sewer Service, Section 671. 09 , Septic Tank, to allow for temporary septic tanks, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND RE-ENACTING SECTION 671. 09 OF THE CITY CODE OF ORDINANCES BY PERMITTING THE INSTALLATION OF SEWER TANKS IN THE EVENT THE CITY SEWER SERVICE IS NOT AVAILABLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Berger to approve Ordinance No. 30-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 30 Ordinance No. 31-93, Amending Chapter 535, Sewer Impact Assessment, Section 535. 02 , Payment of Assessments, for second and final reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD BOUNTY, FLORIDA, REPEALING AND RE-ENACTING SECTION 535 . 02 OF THE CITY CODE OF ORDINANCES BY CLARIFYING THE TIME AT WHICH SEWER IMPACT ASSESSMENT AMOUNT IS TO BE DETERMINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Ordinance No. 31-93 at second and final reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Resolution No. 93-30, Reappointing members to the Code Enforcement Board., Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE„ Motion by Mr. Randels, seconded by Mrs. Calvert to approve Resolution No. 93-30 reappointing David Anderson, Thomas Beasley, Jr. , and Carol Warner to the Code Enforcement Board. Mayor Salamone questioned if all of the reappointees had been contacted to verify whether or not they had relatives serving on the City Council or other City Boards. Ms. Miller stated that all but one of the subject individuals had been contacted and did not have relatives on the City Council or other City Boards. She advised that she had been unable to contact Regina Mead (Recreation Boardmember) who was on vacation and her reappointment would have to be held until she was contacted. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 3 2 . Resolution No. 93-31, Reappointing a member to the Library Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to approve Resolution No. 93-31 reappointing Geraldine Vavrek to the Library Board. Mr. Randels questioned why some of the term reappointments were for three (3) years, rather than two (2) years. Ms.. Miller advised that Florida Statutes, Chapter 162 , which governed Code Enforcement Boards provided that Code Enforcement Boardmembers' terms be three (3) years. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 3 . Resolution No. 93-32 , Reappointing members to the Recreation Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Randels to approve Resolution No. 93-32 reappointing Pat Bender and Marianne Rulac to the Recreation Board. Motion by Mayor Salamone, seconded by Mr. Randels to amend the Resolution to delete Section 3 . Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 4 . Resolution No. 93-33 , Reappointing members to the Zoning Board of Adjustment. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Randels to approve Resolution No. 93-33 reappointing Russell P. Lloyd and Ronnie Farmer to the Zoning Board of Adjustment. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 5 . Resolution No. 93-34 , Reappointing a member to the Construction Board of Adjustment & Appeals. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE CONSTRUCTION BOARD OF City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 4 ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to approve Resolution No. 93-34 reappointing Hank Lemerise to the Construction Board of Adjustment and Appeals. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 6 . Ordinance No. 32-93 , Repealing and Re-enacting Chapter 541 of the City Code of Ordinances, Renaming the Chapter to "Public Utility Tax" , Increasing the Utility Tax from 8 . 53% to 10%, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND RE-ENACTING CHAPTER 541 OF THE CITY CODE OF ORDINANCES; AMENDING THE NAME OF CHAPTER 541 FROM "UTILITY TAX" TO "PUBLIC SERVICE TAX" ; PROVIDING DEFINITIONS; PROVIDING FOR STATUTORY AUTHORITY AND FINDINGS; INCREASING THE AMOUNT OF THE RATE OF TAX FROM 8. 53% TO 10. 0%; PROVIDING APPLICABILITY OF THE TAX, PROVIDING FOR A LEVY OF TAX; DEFINING EXEMPTIONS; REQUIRING PAYMENTS OF THE TAX; PROVIDING FOR COMPUTATION OF THE TAX; PROVIDING FOR DETERMINATION OF PURCHASE OF UTILITIES SERVICES; PROVIDING FOR MONTHLY COMPUTATION OF THE TAX; REQUIRING SELLERS TO MAINTAIN RECORDS; MAKING IT UNLAWFUL TO PURCHASE ANY UTILITIES SERVICE WITHOUT COLLECTING THE TAX; PROVIDING PENALTIES FOR FAILURE TO PAY TAXES COLLECTED; PROVIDING FOR DISCONTINUANCE OF UTILITIES SERVICE IN THE EVENT THE TAX IS NOT PAID; MAKING IT UNLAWFUL FOR THE SALE OF UTILITIES SERVICE WITHOUT COLLECTING THE TAX; MAKING IT UNLAWFUL FOR ANY PURCHASER TO PURCHASE UTILITIES WITHOUT PAYING THE TAX; PROVIDING PENALTIES FOR THE SELLER FOR FAILURE TO COMPLY WITH CHAPTER 541; PROVIDING FOR THE APPROPRIATION OF REVENUE; DETERMINING THE TAX TO BE A CONTINUING TAX; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 32-93 at first reading. Mr. Randels explained his rationale for supporting the utility tax increase and provided examples of the actual increase based on his monthly utility bills. Mayor Salamone reminded Council that the utility tax increase would not be effective until January 1994 and that the Beautification tax had been lowered to attempt to keep the taxes about even. Mrs. Calvert mentioned that since the City did not have any general fund property taxes that the utility tax provided a means to fund general fund expenditures. Council concurred to insert an effective date of January 3 , 1994 . Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 7 . Motion Re: Endorsement of the Water Supply and Water Service Advisory Board and Appointment of a City representative to said Board. Motion by Mr. Randels, seconded by Mr. Berger to appoint Michael Gluskin, Public Works Director, as the City's representative to the Water Supply and Service Advisory Board. Mayor Salamone stated that she had received several calls from elected officials from the south end of the County and they had asked that the municipalities not involve themselves in this political issue. She further explained her reasons for not endorsing the Board at this time City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 5 Mr. Gluskin stated that it was his understanding that the purpose behind the group was to draw all of the municipalities, as well as the County, into one organization. He stated that everything south of the Pineda Causeway was controlled by the South Brevard Water Authority, and north of the Causeway was controlled by each individual municipality. He stated that it was hoped that the management of resources would be better accomplished if all the Brevard municipalities pooled together. Mayor Salamone felt that the issue was a political nightmare and she did not feel that the City should be involved in the matter. Mr. Gluskin stated that Cape Canaveral received its water from the City of Cocoa and the City of Cocoa was in favor of this group. He stated that the South Brevard Water Authority (SBWA) had been charged approximately ten (10) years ago with locating water supplies for Brevard County. To date, water supplies had not been located and at the same time the Authority has proposed that if all utility services were consolidated south of the Pineda Causeway under one agency that monumental savings would occur. He stated that in essence the SBWA wanted to take over all systems and they would be the sole water supplier south of the Pineda Causeway. He explained that those entities north of the Pineda Causeway were concerned with an entity trying to take over all water systems. Mayor Salamone felt that the City needed to research both sides of the issue. Mr. Berger stated that he had been listening to both groups and he was not opposed to tabling the matter, but he felt it was in the City's interests to support this issue. Mr. Gluskin advised that the next meeting was scheduled for September 30th. Motion by Mayor Salamone, seconded by Mr. Randels to table the matter. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 8 . Discussion & Motion Re: Ordinance No. 33-93 , Amending City Code of Ordinances, Chapter 722 , Adult Entertainment Code, for first and second readings (EMERGENCY ORDINANCE) . Motion by Mrs. Calvert to enact Ordinance No. 33-93o Mayor Salamone stated that Council had an ordinance in front of them entitled "Cape Canaveral Human Rights Law" which could be enacted through the regular process. She distributed copies of another ordinance to Council and the City Manager. Motion by Mayor Salamone, seconded by Mrs. Calvert to change Agenda Item No. 8 to read "Discussion & Motion Re: Ordinance No. 33-93 , Chapter 724 , that will either read the Cape Canaveral Human Rights Law or the Adult Dancing for Monetary Consideration Law" . Mr. Kancilia stated that either Ordinance No. 33-93 would enact Chapter 724 and that the agenda item was incorrectly labeled. He stated that the agenda item should be corrected to consider a discussion and motion regarding Chapter 724; the City did not want to amend Chapter 722 . Mrs. Calvert withdrew her original motion. Motion carried regarding the agenda item change with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Mayor Salamone stated that Item No. 8 should read: "Motion & Discussion Re: Ordinance No. 33-93 , Chapter 724 . " Mayor Salamone stated that the Human Rights ordinance was not what Council had asked for at the previous workshop, so instead she had presented the Adult Dancing ordinance. She stated that Council had asked for a ban of adult entertainment clubs in Cape Canaveral. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 6 Mrs. Calvert questioned whether or not the Council could legally endorse an ordinance to prohibit adult clubs in the City. Mr. Kancilia stated that Chapter 722 of the present Code banned adult entertainment clubs within certain zoning districts. He stated that the present Code specifically defined adult entertainment wherein individuals exposed or displayed specified anatomical areas. He stated that the ordinance presented by the Mayor would prohibit activity over and above activity which was currently covered by the City's adult entertainment ordinance. He explained that the present ordinance was a time tested ordinance and it was effective in prohibiting the conduct which was defined in Chapter 722 . There was extensive discussion regarding the present adult entertainment ordinance and the two proposed ordinances. Mrs. Calvert stated that she was strongly opposed to this type of entertainment, but she questioned whether or not the City could legally defend the second ordinance. Mr. Kancilia stated that the City's adult entertainment ordinance had stood up against legal challenges. He stated that the second ordinance was pushing the issue and the City would have to decide if the ordinance was a significant departure from the state of the law as it existed. Mr. Berger asked Mr. Kancilia's opinion of the second ordinance and Mr. Kancilia stated that there was a problem with possible vagueness or overbreadth in the ordinance. Mr. Berger stated that it was Council's objective to keep the City a bedroom community and he did not feel that the second ordinance was the right vehicle to stop the location of the club. Lt. George McGee stated that the City's current adult entertainment ordinance was a fine ordinance and it was enforceable. He stated that the performances at the Knot House did not include exposure of body parts prohibited in the adult entertainment ordinance. Mr. Leo Nicholas spoke in favor of Chapter 722 and he agreed with Mayor Salamone's stand against the location of the subject club in the City. Further discussion followed on the matter. A ten-minute break was taken, after which the meeting reconvened. Discussion continued regarding whether or not the City could enforce a stricter dress code in a club than on the beach. Mro Randels suggested passing a resolution which stated that this type of business was not welcome in the City and forward the resolution with a cover letter to the developer. Mr. Berger and Mrs. Calvert stated they would support such a resolution. There was discussion regarding whether or not the second ordinance was defendable and the problems involved in the interpretation of "sexually explicit or revealing attire" . Mayor Salamone asked to completely ban all adult entertainment and mens clubs in Cape Canaveral. Mr, Kancilia stated that he was not advocating the second ordinance and that it may be violative of the U. S. and State Constitutions. Motion by Mayor Salamone, seconded by Mrs. Calvert to enact Chapter 724, Adult Dancing for Monetary Consideration, as an emergency ordinance for 30 days. Motion by Mrs. Calvert, seconded by Mayor Salamone to amend the motion to include Adult Dancing/Modeling for Monetary Consideration. Mr. Randels asked for unanimous support of the ordinance for 30 days and Mr. Berger felt that the ordinance was not defensible. Mr. Randels stated that the City Manager had 45 days to review an application for a permit before issuing It and he stated he would support the ordinance for 30 days. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 7 Mrs. Gasiewicz suggested publicizing the issue to encourage more support in the community. Mr. Meyers stated that the City had to prevent the public offering of money during such adult entertainment shows. Mayor Salamone asked that if Council could agree on enacting the emergency ordinance for 30 days and asking the City Attorney to find something to help the City in the future. She stated that there must be some way to keep this type of business out of the City. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 724, ENTITLED CITY OF CAPE CANAVERAL ADULT DANCING FOR MONETARY CONSIDERATION LAW, AS AN EMERGENCY ORDINANCE IN ACCORDANCE WITH ARTICLE XXIV, SECTION 4 OF THE CHARTER OF THE CITY OF CAPE CANAVERAL, AND SECTION 166 . 041 (3) (1) , FLORIDA STATUTES; CONTAINING LEGISLATIVE FINDINGS; MAKING IT UNLAWFUL FOR PERSONS TO DANCE FOR MONETARY CONSIDERATION IN SEXUALLY EXPLICIT OR REVEALING ATTIRE; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE PERIOD; PROVIDING FOR CUMULATIVE REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Berger asked that the City Manager prepare a cover letter to send to the club's owner with a copy of the emergency ordinance to express the Council's concerns. Council concurred to schedule the Human Rights Ordinance at the next regular City Council meeting for adoption under the standard procedures. Motion carried on the amendment with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 9 . Discussion & Motion Re: Ordinance No. 34-93 , Amending City Code of Ordinances, Chapter 231, General Organization, Section 231. 01, The Council, to provide for the cancellation of a municipal election upon specific circumstances, for first and second readings (EMERGENCY ORDINANCE) . Mayor Salamone read the title of the Emergency Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTED AS AN EMERGENCY ORDINANCE IN ACCORDANCE WITH ARTICLE XXIV, SECTION 4 OF THE CHARTER OF THE CITY OF CAPE CANAVERAL AND SECTION 166. 041 (3) (C) , FLORIDA STATUTES; PROVIDING LEGISLATIVE FINDINGS; REPEALING AND RE-ENACTING SECTION 231. 01, THE COUNCIL, TO REVISE TERMINOLOGY, REFERENCES TO STATE LAW AND REFERENCES TO THE CITY CHARTER OF THE CITY OF CAPE CANAVERAL; ENACTING SECTION 231. 02 ENTITLED, UNCONTESTED ELECTIONS; PROVIDING A PROCEDURE FOR FILLING COUNCIL POSITIONS WHERE THE NUMBER OF CANDIDATES DOES NOT EXCEED THE NUMBER OF POSITIONS TO BE FILLED, INCLUDING POSITIONS RESULTING FROM VACANCIES OF UNEXPIRED TERMS; PROVIDING FOR A PERIOD DURING WHICH THIS EMERGENCY ORDINANCE IS EFFECTIVE; PROVIDING FOR A REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 34-93 as an emergency ordinance at first and second reading. Motion carried with members voting as follows: Mayor Salamone, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 1993 Page 8 10. City Manager's Report. Mr. Boucher stated that Ecotech had filed for the wetlands permit with DER. He stated that the design engineer's would be present at September 30th's workshop to provide a status report on the plant. He stated that Burton & Associates would also be present at the workshop to explain the impact fees. Mr. Boucher stated that there had been a significant amount of beach erosion in the past few days and the Jefferson Avenue crossover was closed for repairs. Mrs. Calvert questioned the status of the Applegate house at the end of Washington Avenue. Mr. Kancilia advised that he would research what recourse the City may have in the matter. DISCUSSION: 1. Mr. Kancilia distributed copies of an Attorney General's opinion regarding the degenderization of the City Charter which could be accomplished by an ordinance. There being no further business, the meeting adjourned at 9: 07 P.M. Approved this 5th day of October , 1993 . t •.• ;." 4 Jpy i. Salamone, MAYOR ,1 ATTEST: ""!, 1 I aith G. Miller, Y CLERK