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HomeMy WebLinkAbout09-16-1993 WorkshopCITY COUNCIL WORKSHOP MEETING SEPTEMBER 16, 1993 A Workshop Meeting of the Cape Canaveral City Council was held on September 16, 1993, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Mayor Salamone. ROLL CALL: Mayor Joy Salamone Present Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present Acting Deputy City Clerk Susan Chapman Present BUSINESS: 1. Discussion Re: Resolution No. 93 -30. Reappointing members to the Code Enforcement Board. Agenda this item for Tuesday. 2. Discussion Re: Resolution No. 93 -31, Reappointing a member to the Library Board. Agenda this item for Tuesday. 3. Discussion Re: Resolution No. 93 -32, Reappointing members to the Recreation Board. Agenda this item for Tuesday. 4. Discussion Re: Resolution No. 93 -33, Reappointing members to the Zoning Board of Adjustment. Agenda this item for Tuesday. 5. Discussion Re: Resolution No. 93 -34. Reappointing a member to Construction Board of Adjustment and Appeals. Agenda this item for Tuesday. Mr. Kancilia asked the City Clerk to contact all Board members requesting reappointment, to verify that no relatives presently serve on any of the City Boards prior to Tuesday night's meeting. Mr. Kancilia gave his legal opinion that relatives may fulfill their term until expiration. Mr. Kancilia explained that the Florida Statutes prohibited City Council from appointing or advocating for the appointment of relatives on City Boards. Mayor Salamone noted that some previous Board members resigned prior to their term expiring due to the nepotism issue. 6. Discussion Re: Ordinance No. 29 -93, Amending Chapter 685, Parking Regulations, Section 685.06, Penalties to revise the amounts charged for parkins violations (second and final reading on September 21, 1993). Mr. Boucher reported that David Sargeant, Fire Chief, had asked that provisions be added to the ordinance regarding violations for parking in a fire lane and parking within 15 feet of a fire hydrant. Mr. Kancilia advised that adding the provisions would be a substantial change between the first and second readings. Mayor Salamone asked that this item be placed on the agenda for Tuesday. She requested that Chief Sargeant present his recommended changes to Council at that meeting. • • City of Cape Canaveral, Florida City Council Workshop Meeting September 16, 1993 Page 2 7. Discussion Re: Ordinance No. 30 -93, Amending Chapter 671. Sewer Service, Section 671.09. Septic Tank, to allow for temporary septic tanks (second and final reading on September 21, 1993). Agenda this item for Tuesday. 8. Discussion Re: Ordinance No. 31 -93, Amendina Chapter 535, Sewer Impact Assessment, Section 535.02. Payment of Assessments (second and final reading on September 21, 1993). Mr. Kancilia reported that he conferred with Michael Burton, Burton & Associates. Mr. Kancilia explained that the City had three possible options regarding sewer impact fee assessments as follows: 1. Grandfathering option to allow the owner to pay the current sewer impact fee in effect at the time the sewer permit was issued whether or not the City sewer was available. 2. Require the property owner to pay the sewer impact fee when the building permit was issued and require that a septic tank system be installed as a condition for receiving sewer service in the future. Mr. Kancilia explained that this option was possibly an illegal assessment due to the fact that sewer service would not be provided when the sewer impact fee was levied. 3. Allow the property owner that could not hook -up to sewer service to pay the sewer rate in effect at the time sewer was available within 150 feet of the property. Discussion was held regarding the three options and possible administrative costs. Mr. Kancilia gave his legal opinion that economically, giving the owner the option to pay the sewer impact fee now or pay the fee later was the same. Mr. Boucher advised that sewer permits were issued in conjunction with building permits and that sewer capacity was reserved during the concurrency management process prior to the permits being issued. He voiced his concern regarding a deletion in the ordinance draft which could possibly allow a builder to obtain a building permit without paying the sewer impact fee assessment until he was ready to hook -up to City sewer upon completion of the project. Discussion followed. Mr. Kancilia advised that he would amend the wording in that sentence. Agenda this item for Tuesday. Mayor Pro -Tem Porter announced that he would not be attending the meeting Tuesday night. He stated for the record that he was in favor of imposing the sewer impact fee at the time that sewer was available to the owner. 9. Discussion Re: 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 %. Mayor Salamone advised that this ordinance must be approved at least 120 days prior to being enacted. Ms. Haggerty, City Treasurer, stated that the increase would be enacted as of January 1, 1994, for a total revenue increase of approximately $60,000 for the fiscal year 93/94. The revenue in succeeding years would be over $80,000. Ms. Haggerty explained that the increase would cover capital funding. Mayor Salamone advised that the ad valorem tax for beautification was decreased five percent and the utility tax was increased in an equal amount. Mayor Salamone explained that utilization of beautification funds were limited and that it was the City Council's desire to ensure that funding was available for capital projects promised by Council over the past two years and in an effort to accomplish this promise, without withdrawing from the City reserves, the resource for funding these projects was provided by increasing the utility tax. Mr. Kancilia outlined the various changes from the existing ordinance. Agenda this item for Tuesday. • City of Cape Canaveral City Council Workshop Meeting September 16, 1993 Page 3 10. Discussion Re: Endorsement of the Water Supply and Water Service Advisory Board and Appointment of a City representative to said Board. Mr. Boucher reported that Mr. Michael Gluskin, Public Works Director, was presently the City's representative. Mr. Randels asked to be an alternate. The Mayor and Council members concurred. Agenda this item for Tuesday. 11. Discussion Re: Setting impact fees for Parks & Recreation, Library, General Government, Police, and Fire & Rescue. Mr. Boucher explained that the City had contracted with Burton & Associates to evaluate the future capital needs and level of service standards of various City operations. He stated that the proposed impact fee structure would allow new development to pay its fair share for growth and not place all the burden of growth on the existing residents and businesses. He thanked all department heads who worked diligently, over the past few months, to compile the data necessary for the study. Mr. Boucher stated that he had the supporting schedules for the impact fee study and invited the Mayor and City Council to review same. Mayor Salamone requested that this item be placed on the agenda for September 30, 1993. 12. Discussion Re: Changes to the Adult Entertainment Code. Mayor Salamone stated that the City had received a letter from Attorney Peter Niles regarding information pertaining to adult entertainment. Mr. Niles had informed Mayor Salamone that they were considering opening an upscale playboy club at Cape Sierra to be renamed Club Sierra. Mr. Niles had agreed that the club would strictly adhere to the City's ordinances. He had described the club to Mayor Salamone as being a classy, new generation, all male, private membership, female entertainers club including private limousine service. Mayor Salamone asked Mr. Kancilia to write an emergency ordinance stating that Cape Canaveral shall not have an adult entertainment club. Mr. Kancilia was confident that the current ordinance would be upheld in court. He noted that the City's ordinance stated specifically what constitutes adult entertainment in terms of exposure or display of specified anatomical areas. Discussion followed. Mr. Leo Nicholas noted various family oriented attractions in the northern portion of the City and suggested that the Planning & Zoning Board review the Zoning Regulations to possibly place restrictions on types of tourist attractions /entertainment establishments in the City. Mayor Salamone asked that the Planning & Zoning Board review the Zoning Regulations regarding this issue. 13. Discussion Re: Municipal Election scheduled for November 2, 1993. Mr. Kancilia reported that there were three vacant seats; three candidates qualified; the three candidates were unopposed; there was one two year term and two three year terms; the candidates had agreed amongst themselves as to which person would take the two year term. Mr. Michael Cochran, Division of Elections Attorney, had stated to Mr. Kancilia that the election should be held. It was noted that the City Charter did not address unopposed candidates. Discussion followed regarding mutual consent of the candidates. Mrs. Calvert raised the question if an emergency ordinance could be written and voted on at Tuesday night's meeting. Mayor Salamone asked if the three candidates were present and wished to discuss the issue. Mr. Berger, Mr. Nicholas, and Mr. Randels concurred. Mr. Berger stated for the record that he did not want to serve for three years due to personal reasons, he would fulfill the two year term. Mayor Salamone polled the other two candidates. Mr. Nicholas and Mr. Randels both mutually agreed that Mr. Berger would fill the two year term. Mr. Kancilia advised that he would write an emergency ordinance to be presented and voted on at Tuesday night's meeting. 14. Monthly Activity Reports. No comments. i 0 0 City of Cape Canaveral City Council Workshop Meeting September 16, 1993 Page 4 15. City Manager's Report. , Mr. Boucher reported that the Port staff had requested an official response to their six points offer made to the City so that they could report further to the Port Commission. Mr. Boucher ) advised that he needed City Council's concurrence to the answers. He added that the City rt anticipated negotiating a loan agreement with the State of Florida by December 1993 and would like to receive a firm commitment from the Canaveral Port Authority no later than November 30, 1993. The Mayor and City Council reviewed and discussed the six answers contained in Mr. Boucher's memorandum dated September 16, 1993. Mr. Berger was not in favor of the City insisting that the Port pay the full amount in advance to reserve sewer capacity that may never be utilized. Discussion followed. After discussion, the Mayor and Council members agreed with the six answers. , Mr. Boucher advised that the City had received a letter from the Cape Canaveral VFW Auxiliary Post No. 10131 asking for permission to periodically clean the Veterans Memorial Park area and weed around the flag poles and replace plants as needed. Mayor Salamone asked Michael Gluskin to contact them and coordinate the maintenance upkeep. She asked x Mr. Boucher to send a thank you letter. Mr. Boucher advised that Tom Kleving had obtained his electrical inspector certification. Mr. Boucher reported that Western Waste was sold to Browning Ferris Industries and that the take over and merger would take approximately six to nine months. Mayor Salamone asked Mr. Boucher to inform them that the dumpsters needed cleaning and deodorizing. Mrs. Calvert complained that the lids were not being replaced on the cans. 1 Mr. Boucher reported that Chip Swindell had filed for the wetland permit. i 1 i i 1 Mr. Boucher reported that the City's Tourist Development Grant was on the County agenda for their next meeting. , DISCUSSION 1. :- -. 19ancihtrised that the Attorney General opinion requested by the City regarding degknderizing oUthe'Citvc Charter was scheduled to be issued on September 22, 1993. Q., <' `'I f 2'.L Mrs.Ca1vcrt nated,'Xhat Cablevision had increased their fees. Mr. Randels noted that thee-basic-ablit had=decreased. Theme being no further Wiliness, the meeting adjourned at 8:47 P.M. 4 ► / ,.. _ .- SUM. L Susan L. Chapman 1 Acting Deputy City Clerk 1 u l 1 1 I 4 i i i I 6 1