HomeMy WebLinkAbout06-22-1993 Special Workshop• •
CITY COUNCIL
SPECIAL WORKSHOP MEETING
June 22, 1993
A Special Workshop Meeting of the Cape Canaveral City Council was
held on June 22, 1993, at the City Hall Annex, 111 Polk Avenue,
Cape Canaveral, Florida. The meeting was called to order at 6:00
P.M. by Mayor Salamone.
ROLL CALL:
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Clerk
BUSINESS:
Joy Salamone
John Porter
Arthur Berger
Joan Calvert
Rocky Randels
Bennett Boucher
John Kancilia
Faith Miller
Present
Present
Present (Late)
Present
Present
Present
Present
Present
1. Discussion & Review of Recodification of City's Code of
Ordinances, Land Development and Zoning Regulations as prepared by,
Municipal Code Corporation.
Council began its review of the Code of Ordinances, beginning on
page CD1:3 of the proposed Code. There were no changes to the
General Provisions' portion of the Code.
There was discussion regarding several sections in Chapter 2,
Administration, including:
1. Article II, City Council, Section 2 -26, Election. Mayor
Salamone questioned the wording pertaining to "the third
greatest number of votes ". The wording was changed to read:
"If any general election includes the election of a
councilmember due to a vacancy in that office pursuant to
Article 3, Section 4 of the Charter, the unexpired term shall
be filled by the candidate receiving the third greatest number
of votes in elections involving two councilmember seats, or
the second greatest number of votes in elections involving
only the mayor."
2. Article II, City Council, Section 2 -58, Workshop meetings.
Mr. Randels questioned if minutes were prepared of each
Council workshop meeting. Ms. Miller advised that workshop
minutes were prepared, but not always distributed when
preparation of the minutes had been delayed significantly.
The last sentence of the section was revised to read: "Minutes
of the workshop meeting shall be prepared and distributed to
councilmembers."
3. Article II, City Council, Section 2 -60, Preparation and notice
of agenda. Mr. Randels questioned the wording included in
paragraph (c) of the section pertaining to placing an item on
the agenda. There was general discussion regarding Council
agenda procedures.
4. Article II, City Council, Section 2 -57, Special meetings.
Mrs. Calvert questioned wording pertaining to verbal notice to
the city clerk to hold an emergency meeting. The verbal
notice provision was amended to add "or the city manager ".
5. Article II, City Council, Section 2 -65, Minutes. Mr. Randels
questioned wording that provided that copies of the minutes
shall be provided to each councilmember and the city attorney
at least 24 hours preceding the next regular meeting. It was
decided that the regular meeting minutes were to be mailed
together with the agenda to each councilmember on the Friday
immediately preceding the regular Tuesday night meeting.
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City of Cape Canaveral, Florida
City Council Special Workshop Meeting
June 22, 1993
Page 2
Mayor Salamone stated that the section under discussion did
not provide that councilmembers received copies of amended
minutes, therefore,, the following sentence was added to
Section 2 -65, "Amended copies of the minutes will be
distributed to each councilmember."
6. Article II, City Council, Section 2 -66, Consideration of
matters before council. There was general discussion
regarding item nos. (d) and (g) pertaining to the manner in
which audience members addressed the Council.
7. Article IV, Boards, Committees, Commissions, Section 2 -182,
Meetings; bylaws; officers. Mayor Salamone stated paragraph
(c) provided that the Beautification Board elect its own
secretary. The reference to "secretary" would be deleted.
8. Article IV, Boards, Committees, Commissions, Section 2 -181,
Meetings; bylaws; officers. Mr. Randels referenced paragraph
(d) which referred to first alternate boardmembers. Council
concurred to delete the last two sentences of paragraph (d)
beginning with, "At such time as the first alternate ... ".
9. Article IV, Boards, Committees, Commissions, Section 2 -185,
Coordination with planning and zoning board. Mr. Randels
questioned the appointment of a Beautification Board member to
serve as a representative to the Planning and Zoning Board.
Council concurred to change "shall" to "may" appoint one
member to serve as a representative.
There was discussion regarding the following sections in Chapter 6,
Alcoholic Beverages:
1. Article II, Operation of Establishments, Sec. 6 -26, Hours of
operation. There was general discussion regarding the
provision which allowed alcoholic beverage establishments to
remain open until 4:00 a.m. on New Years Eve.
2. Article III, Possession and Consumption, Section 6 -52, Parks
and recreation areas. Mayor Salamone stated that the first
sentence in paragraph (b) should be changed from "city
manager" to "city council" to allow council the authority to
waive prohibitions of this section.
3. Article III, Possession and Consumption, Section 6 -70, Posting
of warning signs. There was discussion regarding the posting
of warning signs at the entrances to the city. Mr. Kancilia
explained that the references to "division" in Section 6 -70
should be changed to "article ".
There was discussion regarding the following sections in Chapter
10, Amusements & Entertainment:
1. Article III, Outdoor Entertainment, Section 10 -62,
Application. Mayor Salamone asked that the ending time for an
outdoor entertainment event be changed from "9:00 p.m." to
"10:00 p.m. ".
2. Article IV, Adult Entertainment, Section 10 -86, Definitions.
Mr. Kancilia advised that the first sentence of the definition
for adult dancing establishment should be amended to read,
"Adult dancing establishment means a commercial establishment
that permits, suffers, or allows employees to display or
expose specified anatomical areas whether or not employees
engage in the act of dancing."
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City of Cape Canaveral, Florida
City Council Special Workshop Meeting
June 22, 1993
Page 3
There was discussion regarding the need to screen adult
reading material for sale at convenience stores from minors.
Mr. Kancilia stated it would require further research to
determine what action could be taken by the City to require
that such adult reading material be screened from the view of
minors.
3. Article IV, Adult Entertainment, Section 10 -86, Definitions.
Mrs. Calvert stated that a van had been seen throughout the
city which advertised adult massages. The definition for
massage establishment was amended to include "site, premises,
or vehicles... ".
There was discussion regarding the following sections in Chapter
14, Animals:
1. Article III, Sea Turtles, Section 14 -54, Exemptions. Mayor
Salamone questioned why the administrative exemptions item (e)
did not require approval by the Planning and Zoning Board.
The item provided that the exemption could be approved by an
administrator. She felt that exemption should go through the
full City process for a special exception before the Planning
and Zoning Board. This section would need to be reworded to
provide for the special exception process. Mr. Leo Nicholas
felt that this provision should be included in the zoning
ordinance. Council concurred to change this section to allow
for the special exception review process before the Planning
and Zoning Board.
After a ten - minute break, the meeting was reconvened. Mr. Berger
arrived at the meeting at this time.
Mr. Kancilia stated that if Council wanted to enact an ordinance to
degenderize the Charter, he felt that the ordinance would withstand
any legal attack. He said that more of a chance would be taken by
enacting an ordinance to degenderize the Charter than by taking the
issue to referendum. Mr. Randels suggested asking Mr. Kancilia to
request a ruling from the Attorney General's office regarding the
change to the Charter. Ms. Miller advised that unofficially the
Attorney General's office had stated that the change was
"ministerial" only. Council concurred to request an official
Attorney General opinion.
There was extensive discussion regarding whether or not further
changes to the City Charter should be taken to the voters at a
referendum.
There was discussion regarding the following sections in Chapter
22, Community Development:
1. Mayor Salamone stated that the Commercial Development Board
needed to be included in the list for Councilmembers' areas of
interest in Chapter 2, Administration, Article II, City
Council, Section 2 -27, Councilmembers' areas of interest.
2. Mrs. Calvert questioned whether or not Council felt that all
members of the Commercial Development Board should be
residents of the City. Article II, Commercial Development
Board, Section 22 -28, Composition; qualifications, provided
that "Each member shall either be a resident in the city or
employed in a full -time capacity in the city at the time of
appointment and during incumbency ". Mrs. Calvert felt that
every member of every City board should be a resident of the
City. There was further discussion regarding the residency
City of Cape Canaveral, Florida
City Council Special Workshop Meeting
June 22, 1993
Page 4
issue. Council concurred to discuss the matter further at a
subsequent meeting.
There was discussion regarding the following sections in Chapter
34, Environment:
1. Article II, Litter, Division 3, Abatement, Section 34 -66,
Complaints; reports. Mayor Salamone stated that the first
sentence of this section referred to making any complaint to
"any police officer ". Council concurred to change the wording
from "any police officer" to "the City ".
2. Article II, Litter, Division 3, Abatement, Section 34 -67,
Notice and order for removal from private property. Wording
in the first sentence which read "the police department" was
changed to "the city ".
Mr. Randels stated that the City needed to review its procedures
for addressing citizens concerns /complaints about situations.
Currently, citizens were required to come in to City hall and sign
a complaint form. Mr. Randels felt that it was a problem to
require only written complaints. There was further discussion
regarding the complaint system. Council concurred that the current .
complaint procedure that required written complaints needed to be
revised.
Mayor Salamone stated that in several places within the Code
phrases such as "very unpleasant, objectionable, offensive,
violates the laws of decency, reasonable, comfortable use" were
used. She questioned whose opinion was used to determine these
conditions. Mr. Kancilia stated that the opinion would be
objective and that the law had created a symbol of a "reasonable,
prudent, mythical man" who was seen as an average, ordinary,
reasonable person. He stated that the danger in this type of
wording was that the ordinances might be held to be
"unconstitutionally vague ". He stated that in some areas, the City
ordinances contained standards that may be vague and in other areas
the standards were sufficient. Mr. Kancilia stated that in order
to do an audit of all these type of terms and research the law in
that area would require an extensive amount of time.
There being . no further business, the meeting adjourned at 7:45 P.M.
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