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HomeMy WebLinkAboutMinutes 07-01-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher rt City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Assistant Public Works Director Walter Bandish Building Official Todd Morley Mayor Randels stated that he would proceed with the Consent Agenda until Senator Haridopolos's arrival. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 17, 2003. 2. Easement Agreement with Al Praetorius. Parcel No 24- 37 -26 -CH -00000.0- 0021.00 & 0022.00 3 Proclamation for the Brevard Symphony Orchestra's 50 Anniversary. (pe 1 City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 2 C Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Consent Agenda Items No 1, 2 and 3. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For PRESENTATIONS: State Senator Mike Haridopolos with a Legislative Update Mayor Randels introduced State Senator Mike Haridopolos. Senator Haridopolos said it was honor to serve the City and he was glad for the Council's input. He distributed a summary of legislative issues and he reported a balanced State budget without a tax increase. Mayor Randels commented on the Senator's efficient response to a request. Senator Haridopolos stated that one long -term goal is to identify un- funded mandates at the City and County level. Mayor Pro Tem Petsos expressed concern with fireworks advertising in that fireworks are illegal to use in the State. Mayor Pro Tem Petsos stated that the fireworks are a safety concern as well as an environmental concern. He informed that no sales tax revenue is collected on fireworks sale that also is illegal. He stated that fireworks sale is one of the top five concerns with the Florida League of Cities. Senator Haridopolos replied that he would review the matter saying that the bottom line is that laws should be either enforced or eliminated from the books. Other Council members agreed that fireworks sale is a major concern and further discussion followed. Mayor Randels summarized the highlights of this year's legislative session as education, health care, environment and the State budget. Mayor Randels reported on the Criminal Justice Bills that passed in the Senate under the guidance of Former Senator Howard Futch. Mr. Gene Petre inquired how the Legislature decided to enforce laws such as the smoking ban at the local level. Senator Haridopolos responded that the voters decided on this ban as a constitutional amendment. The Legislature was merely a regulatory body within the instrument and the Senate would need to maintain an understanding of the difficulty of enforcement. Mr. Frank Kuhns inquired about homeowner's insurance rates. Senator Haridopolos stated that he is aware of excessive increases in homeowner's insurance. Mr. Kuhns expressed that the Insurance Commissioner appeared to not have Chief authority on maintaining rates. ' Senator Haridopolos stated that he would keep this under review and he said that elected officials have that right to regulate unfair practices. ri 1 k 1 City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 , Page 3 !, ( iii. , i k Senator Haridopolos replied to a question from the audience regarding removing gambling from the port. He responded that the State is not receiving any taxes from the gambling ships. He also stated that Gaming Commission standards should apply t to the gambling ship just as in gaming venues. Senator Haridopolos replied to a question on the cruise ships in that some of the cruise ships do not pay taxes and that also needs to be addressed. Ms. Shannon Roberts commented on a final note how the use of fireworks results in noise pollution. 1 Mayor Randels inquired about the Senator's projections for future State revenue. Senator Haridopolos replied that the economic indicators are rebounding favorably He related that the state of Florida has on its horizon: 1) $1 billion in funding from the federal government, 2) a review of federal highway funding and 3) writing -off estimated sales tax. He stated that he did not see Florida moving away from the existing Sales Tax structure. Florida economics have maintained stability when states with an income tax showed more volatility. Senator Haridopolos informed that during a constricted budget year essential programs were reviewed and he anticipated I surplus funds in a rebounding economy. Senator Haridopolos replied to Mr. Treverton's inquiry on the procedure to pass laws and stated that a higher threshold to vote on initiatives to amend the Florida Constitution might assist in the amendment process. j CONSIDERATIONS: 1 3. Motion to Approve: Bid No 03 -04, Stormwater Improvements, Baffle Box 1 Retrofit for International Drive. Mr. Gardulski reported that he received favorable feedback regarding JoBear Warden Company and found that they had performed similar installations in other 1 cities. Mayor Randels acknowledged the efforts of Mr. Frank Sender for the baffle 1 box installation on International Drive. 1 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Stormwater Improvements for the Baffle Box Retrofit for 4 International Drive and Award the Bid to Jobear/Warden Construction, Inc. in the Amount of $76,250. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. I 5. Motion to Approve: Design /Build Proposal from Brown and Caldwell, Inc. for Wastewater Treatment Facility Improvements. Mayor Randels asked if the projects listed could be performed on a priority basis. Mr. Gardulski responded that the laboratory ventilation system should be addressed first. , c He stated that through testing the vent was found inadequate and changes were 1 i 1 City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 v Page 4 i C 1 required for the hood height. Mr. Ted Hortenstine, of Brown and Caldwell, Inc. explained that the stack needed to exceed the second roof. Mayor Pro Tem Petsos clarified that repair to the system and elevating the stack height is the project's scope. Mr. Boucher responded that the system is not only being replaced but also enhanced j and only the enhanced portion cost could be paid with impact fees. Mr. Edwards inquired about the comment that the system was corrosive but not environmentally hazardous. Mr. Ted Hortenstine stated that the Florida Department of Environmental 1 Protection provides threshold standards of exhaust and the stacks were not found 4 excessive. 4 1 Mr. Leo Nicholas asked if this project was bid out Mayor Randels replied that the Council decided that on this specific item a design /build plan was more cost effective. I Mr. Nicholas expressed favor with using the competitive bid process. Mr. Hortenstine explained that under Competitive Consulting Negotiations Act the company could perform a design /build project with up to a $1 million limit. The design/ build concept allowed for more detailed projects in a cost effective manner. Brown and Caldwell, Inc. has a cooperative agreement with the Haskell Company for design /build projects. Mr. Pete Kingsley of the Haskell Company stated that his firm has been in operation for over 20 years with much experience with design /build concepts. Mayor Randels inquired about the possibility of breaking out the total cost. Council discussed and agreed that the budget workshops would provide a platform to make decisions on , r subsequent projects. Discussion also followed on refurbishing the chlorine tanks. Mr. Boucher requested to have the representatives from Brown and Caldwell, Inc. and the Haskell Company present during the Budget Workshop meetings. Mayor Randels stated to provide the representatives a specific time for the meetings. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve the Design/ Build Proposal from Brown and Caldwell fi for Laboratory Ventilation Improvements in the Amount of $33,460. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 1 Mr. Gardulski requested to move Item No 16 to this point in the meeting in order to accommodate the representative from the Landscape firm. Mayor Pro Tem Petsos referred to the campus concept that Stottler, Stagg and Associates proposed for the City Hall and the adjacent facilities. He expressed concem with addressing landscape plans in light of any future changes that would impact newly installed landscaping. Mr. Treverton concurred. Mayor Randels related the results of the Goals I meeting in that the Sheriffs Department is proposed for relocation in order to meet its increasing needs and such a change would leave the Annex building available for other uses. Mr. Gardulski stated that continued discussion on the landscaping around City Hall was still foreseeable since it was within the setback. Mr. Morgan requested !, clo, to proceed with the discussion. i 1 I City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 5 A 1 DISCUSSION: 16. Beautification Board Recommendations for a New City Hall Sign and Paving Stones and Landscaping Around City Hall. : i Ms. Kathleen Burson, Parterre, Landscape Architects, distributed City Hall sign o renderings. She stated that the digital sign could be electronically maintained. Ms. Burson explained the paving concept using stone samples. Ms. Burson also displayed samples of the sign materials. Mayor Randels clarified that the Council could make a decision on the sign. Council members agreed on implementing the digital sign. Ms. Judy Hale questioned what would change in the sign area that would hinder construction and commented on the feasibility of adding too many features such as parking in the same area Mr. Hoog commented that funds would be wasted on sidewalk construction if changes were made to the City Hall area. Mayor Randels concluded that Council agreed to proceed with the digital sign and not the landscape plan at this time Mayor Randels requested to move the reading of Resolution No 2003 -26 to this point in the meeting in order to accommodate the representatives from Waste Management Inc. i C RESOLUTIONS: 14. Motion to Approve: Resolution No 2003 -26; Increasing Garbage Rates. I o Mayor Randels read Resolution No 2003 -26 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, i FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read the proposed rate increase of 1.28 percent effective August 1, 2003. Mayor Randels responded to Ms. Shannon Roberts question that the increase 1 is .37 cents per yard on dumpster rates. Mayor Randels replied to Mr. Jerry Edwards that the rates for commercial and residential properties differ. Mr. Edwards informed of a home -based business that discards commercial type debris. Mayor Randels stated that the representatives from Waste Management would need to know that address. Mr. Edwards stated that he had already notified Code Enforcement. Ms. Hale asked if trash in a dumpster should be containerized. Mayor Randels replied that dumpsters are not exempt from using containers. Mayor Randels asked Mr. George Geletko what the City could expect from Waste Management, Inc. in the future. Mr. Geletko stated three more routes were added to the overall County route. 1 c Also, equipment has been added with the goal of improved service. Mayor Randels informed how both employees on the route switch off driving duties in order to I o J City of Cape Canaveral, Florida I City Council Regular Meeting July 1, 2003 --\ Page 6 i Le maintain consistent service in the absence of any one driver. Ms. Roberts asked if truck oil would be cleaned from the new developments. Mr. Kenny Rivera explained that sediment from the truck could be pressure washed away from the area. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Resolution No 2003 -26; Increasing Garbage Rates. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 6. Motion to Approve: Designation of a Voting Delegate to the Florida League of Cities Annual Conference. .: Mayor Randels asked if any member of the Council desired to become the voting delegate at this year's Florida League of Cities Annual Conference. Mr. Hoog expressed an interest. Mayor Randels stated that Mr. Hoog could be named the Primary voting delegate and Mayor Pro Tem Petsos named the Alternate. i A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve a Voting Delegate to the Florida League of Cities Annual Conference Inserting the Names, Bob Hoog as the Primary Voting Delegate i i c and Buzz Petsos as the Alternate Voting Delegate. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 1 7. Motion to Approve: Purchase of a Radar Speed Trailer Utilizing Forfeiture Funds. Mayor Randels explained that Cpl. Dexter Rogers made a recommendation for the Radar Speed eed Trailer based on its ease of use. Lt. Gary Young responded to Mr. Treverton's question that maintaining the radar calibration for the trailer would be done at the same time as calibration for hand held units. Mr. Morgan expressed that the units are useful speed preventatives. Mayor Randels noted that the unit is portable and a hand held unit can be used as a replacement. Mr. Petre asked if the unit could detect motorized scooters? Lt. Young stated that the scooters are below 5 break horsepower and are not considered motor vehicles. However, citations could be issued for reckless use. Mr. Edwards inquired about radar enforcement and asked if an officer must be present to issue a citation or could a citation be issued after a speeder has left the scene. Lt. Young replied that the unit is geared more toward public awareness of traveling speeds and no technology is available at this time to ascertain drivers. , Z { A motion was made by Mr. Morgan and seconded by Mr. Treverton ' to Approve the Purchase of a Radar Speed Trailer Utilizing Forfeiture Funds in the Amount of $11,985. The vote on the motion carried 5-0 with voting as . I i a 1 1 t City of Cape Canaveral, Florida City Council Regular Meeting i t July 1, 2003 Page 7 t i : Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor follows g, g Y � Y j Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 8. Motion to Adopt: Ordinance No. 12 -2003; Establishing Uniform Board i Requirements for the Operation of City Boards. f Mayor Randels read Ordinance No 12 -2003 by title. 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 1 ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1 ce Mayor Randels noted that the City Attorney made the changes to stagger the terms for the existing Board members in paragraph (f). Mr. Lars Holfve referred to Section C (3) and said that this provision calls for a unanimous vote and he said that a majority vote should suffice to waive the residency requirement. Mr. Holfve also referred to a qualified applicant that could be reasonably found. He said that the term "reasonably" could be challenged. Attorney Garganese replied to a question ) regarding the absence of the Code Enforcement Board from the Ordinance in that the Code Enforcement Board is under Florida Statutes Chapter 162. Mr. Nicholas inquired if the absence of a Board from the ordinance meant that this ordinance did not apply to that Board. Attorney Garganese stated that the application and interview 1 process provisions do apply to the Code Enforcement Board except where the 1 Florida Statutes establish and set forth the procedures of the Code Enforcement Board members. To the extent that State or Federal law does not pre -empt the City's authority then the City ordinance prevails. Ms. Shannon Roberts inquired about the total number of Board members. She was provided a Board member list. Mayor Randels referred to Mr. Holfve's concem with the term reasonably found. Mr. Treverton replied that the provision gives the Council extensive latitude in searching for Board applicants. Ms. Hale inquired about voting for a Chair and Vice -Chair stating that this would be done in January however a vote was recently done. Attomey Garganese affirmed that in January a vote for Chair and Vice -Chair would take place for all Boards. Nile r i i 1 I I 1 City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 i Coo Page 8 A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt 1 Ordinance No 12 -2003; Establishing Uniform Board Requirements for the Operation of City Boards. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Adopt: Ordinance No 17 -2003; Repealing Code Section 58 -35, Relating to the City's Master Plan. I Mayor Randels read Ordinance No 17 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, REPEALING SECTION 58 -35 OF THE CITY CODE TO BE CONSISTENT WITH FLORIDA LAW; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, # SEVERABILITY AND EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No 17 -2003; Repealing Code Section 58 -35, Relating to the i C City's Master Plan. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For ORDINANCES: First Public Hearing: 10. Motion to Approve: Ordinance No 03 -2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges, for second reading. Mayor Randels read Ordinance No 03 -2003 by title. 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED t LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY AND PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS AND 1 HEDGES; PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR LANDSCAPING FOR OFF -STREET PARKING SPACE ALLOCATIONS WITHIN THE C -2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ! C i y I 1 I i City of Cape Canaveral, Florida City Council Regular Meeting t July 1, 2003 C Page 9 s A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No 03 -2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges for discussion. Mayor Randels stated that hedge height is not an item under discussion unless said hedge is in within 25 -feet of an intersection. Ms. Bea McNeely, Planning and Zoning Board Chairperson explained the amendments to Paragraph (a) (3). Mr. Treverton asked the City Attorney how a hedge could have intent. Ms. McNeely replied that a hedge is not a barrier. Mr. Hoog stated that the City code defines that a hedge could become a barrier. He stated that a shrub when pruned at the crown could become a I hedge boundary or a barrier. Ms. McNeely stated that landscaping could be grown to create vegetative barriers. Mr. Hoog referred to Fairvilla's proposed landscaping between commercial and residential property. He expressed disfavor with vegetative buffering such as that on Central Blvd. Mr. Edwards related that screening between multi - family units creates privacy and finds regulation in the residential area intrusive. He stated appreciation for screening between residential and commercial. Mayor Randels requested that the Council review this ordinance prior to another reading. A motion was made by Mayor Randels and seconded by Mr. Morgan to Table I C Ordinance No 03 -2003 until the next regularly scheduled City Council meeting. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For i 11. Motion to Approve: Ordinance No 18 -2003; Repealing Section 50 -2 of the City Code and Creating a New Chapter 11; Providing for the A D efinition of Nudity as Prohibited by the Chapter, for second reading. 1 Mayor Randels read Ordinance No 18 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO BE KNOWN AS THE "CITY OF CAPE CANAVERAL PUBLIC DECENCY CODE "; REPEALING SECTION 50 -2 OF THE CODE OF ORDINANCES; CREATING A NEW CHAPTER 11, STATING THE INTENT OF THE CHAPTER, PROVIDING FOR THE 1 DEFINITION OF NUDITY AS PROHIBITED BY THE CHAPTER AND PROVIDING FOR OTHER DEFINITIONS, PROVIDING FOR LEGISLATIVE FINDINGS, PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF IN PUBLIC PLACES, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF CHAPTER 1 11; PROVIDING CONFORMING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE; AND PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. (mli A motion was made b y Mr. Morgan and seconded by Mr. Hoog to Approve Ordinance No 18 -2003; Repealing Section 50 -2 of the City Code and Creating a I 4 . 2 City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 10 t i IC New Chapter 11; Providing for the Definition of Nudity as Prohibited by the Chapter for Discussion. 1 Mr. Gene Petre asked what initiated the amendment to this code'? Mayor Randels replied that the need to amend was found during the Code Review Workshops. t Attorney Garganese stated that the Supreme Court handed down two landmark decisions in 1993 and 2002 and the City's current Code standards would not comply with those decisions. The ordinance more specifically defines public places and anatomy to bring the ordinance in compliance with the U.S. Constitution case law. Mayor Pro Tem Petsos inquired how this would affect what is required attire on the beach. Further discussion followed. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to I extend the meeting until 10:15 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. A motion was made by Mr. Morgan and seconded by Mr. Treveton to table Y 9 Y Ordinance No 18 -2003 until the next regularly scheduled City Council meeting. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. 1 C Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 1 1 12. Motion to Approve: Ordinance No 19 -2003; Amending Section 110 -171 of the City Code, Relating to Special Exceptions for the Sale of Alcoholic Beverages, for second reading. Mayor Randels read Ordinance No 19 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110 -171 OF THE CITY CODE, RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE i CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF 1 PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR 1 INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND 1 PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the burden of proof was placed on the applicant of a special exception to provide an affidavit to prove that 51 percent of gross sales were 1 from restaurant sales. Attomey Garganese explained that 51 percent of food sales 1. were necessary due to the 300 -foot radius from a church or school. Ms. Bowers stated that the ordinance formally establishes a mechanism of enforcement for compliance with the special exception requirement. Mr. Petre asked if the provision is 1 c reciprocal to disallow establishing a church if a church should come within the distance of the alcoholic beverage establishment. Attorney Garganese affirmed. 1 i 1 I i City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 11 c A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Approve Ordinance No. 19-2003 for second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 1 13. Motion to Approve: Ordinance No. 20-2003; Amending Section 1-15 of 1 the City Code, Relating to General Penalties, for second reading. 1 i Mayor Randels read Ordinance No 20-2003 by title: I 1 J AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING A SECTION 1-15 OF THE CAPE CANAVERAL. CODE, RELATING TO GENERAL A PENALTIES; PROVIDING FOR THE CITY, AS A PREVAILING PARTY, TO RECOVER 1 ITS REASONABLE ATTORNEY FEES AND COSTS IN ANY LEGAL OR EQUITABLE CAUSE OF ACTION BROUGHT TO ENFORCE ANY PROVISION OF THE CAPE I CANAVERAL CODE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE I CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE I DATE. 1 1 4 4„. Mr. Tom Graboski asked if the ordinance were reciprocal on the plaintiff. Attorney Garganese replied that the provision is not reciprocal. The provision only prevails if i lire the City enacts litigation to enforce the City codes. i A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan I to Approve Ordinance No 20-2003; Amending Section 1-15 of the City Code, 1 Relating to General Penalties for second Reading. The vote on the motion I carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro 1 Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For i RESOLUTIONS: 1 I 15. Motion to Approve: Resolution No 2003-27; Providing for a Six-Month Extension of the Evaluation Period for Commercial Sewer Rates. 4 1 Mayor Randels stated that in January of 2003 the Council decided to review i I commercial sewer rates that are impacted with a 435% rate increase with each City of Cocoa water rate increase. Mr. Boucher said that he received a quote from a firm ) 1 that implements a rate model to study cost analysis. Ms. Bowers stated that the proposed analysis would include data from the previous study done by Burton and I Associates. I I 1 A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve i i Resolution No 2003-27; Providing for a Six-Month Extension of the Evaluation 4 „ Period for Commercial Sewer Rates. The vote on the motion carried 5-0 with 1 I 1 i i i i City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 C i Page 12 p voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For 4 REPORTS: 1. City Manager • Mr. Boucher announced that the First Budget workshop is scheduled for July 10 at 5:30 P.M. 2. Staff 1 • No reports. 3. City Council • No reports. 1 AUDIENCE TO BE HEARD: • Mr. John Allen commented on Ocean Estates and stated that he planned to remove only one parking space. Council members agreed by majority with Mr. Allen's concept. Attorney Garganese stated for the record that the Planning and Zoning Board has the final approval on the site plan. • Mr. Jerry Edwards questioned for clarification that the parking spaces are on the north side of the street. • Mr. Gene Petre asked if City administration had the intent to address the taxpayers in order to relocate the Sheriffs office. Mr. Boucher stated that further discussion would follow and include the Port in the funding plans. • Mr. Edwards asked if another row of sand fencing would be installed on the beach dunes. Mr. Gardulski replied that it could be done at Council's authorization. I t ADJOURNMENT: s There b business, the Chair adjoumed the meeting at 10:30 P.M. r'0 /� ' —IA C:::0‘..--12(1-CCL , ," ' :ma r A . d i rn Rocky Randels, MAYOR -. �.� 011 I Su ': Its 1 iRic I C i i I 1 1 1 i