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HomeMy WebLinkAbout10-19-1993CITY COUNCIL REGULAR MEETING October 19, 1993 A Regular Meeting of the Cape Canaveral City Council was held on October 19, 1993, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:02 P.M. by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent 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 City Clerk Faith Miller Present ADOPTION OF MINUTES: 1. Regular Meeting of October 5. 1993. Motion by Mr. Randels, seconded by Mrs. Calvert to approve the minutes of the Regular Meeting of October 5, 1993 as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. PRESENTATIONS: 1. Special City Employee Award - Donna Welton. Mr. Porter read the Special City Employee Nomination Form which nominated Donna Welton for the Special City Employee Award and presented Ms. Welton with a plaque recognizing her as the Special City Employee of the Quarter. Mr. Porter asked that the nomination form be included in Ms. Welton's personnel file. PUBLIC HEARINGS: 1. Ordinance No. 35 -93, Amending City's Code of Ordinances, to Provide a Procedure for Filling Council Positions Where the Number of Candidates does not Exceed the Number of Positions to be Filled, for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. City of Cape Canaveral, Florida • Regular City Council Meeting October 19, 1993 Page 2 • AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, 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 REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 35 -93 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 2. Ordinance No. 36 -93, Enacting Chapter 726 of the City's Code of Ordinances to be entitled "Human Rights Law ", for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 726 ENTITLED, CITY OF CAPE CANAVERAL HUMAN RIGHTS LAW; MAKING IT UNLAWFUL TO DISCRIMINATE ON THE BASIS OF RACE, CREED, COLOR, NATIONAL ORIGIN OR SEX IN PLACES OF PUBLIC ACCOMMODATION, INCLUDING CERTAIN PRIVATE CLUBS; PROVIDING AN EXEMPTION FOR INSTITUTIONS WHICH ARE DISTINCTLY PRIVATE; PROVIDING FOR POSTING OF NOTICE; PROVIDING FOR A PENALTY; PROVIDING FOR CUMULATIVE REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Randels to adopt Ordinance No. 36 -93 at second and final reading. Mr. Berger questioned how the ordinance would affect existing clubs that had exclusive membership, such as the Veterans of Foreign Wars. Mr. Kancilia explained the exemptions portion of the ordinance. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 3. Ordinance No. 37 -93, Amending Zoning Regulations, Section 645.05, Site Plan Submittal and Review Procedures. for second and final reading. City of Cape Canaveral, Florida Regular City Council Meeting October 19, 1993 Page 3 Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 645.05, SHE PLAN SUBMITTAL AND REVIEW PROCEDURES; ADDING PROVISIONS FOR CONDITIONAL SHE PLAN APPROVAL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Ordinance No. 37 -93 at second and final reading. Mrs. Calvert questioned who had originally requested the implementation of the proposed ordinance and Mr. Kancilia explained that the Planning & Zoning Board had recommended the ordinance. Mr. Kancilia summarized the reasons for the Planning & Zoning Board's recommendation and the problems which had been associated with conditional approval of site plans in the past. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 4. Ordinance No. 38 -93, Amending City Charter of the City of Cape Canaveral. to Provide Gender Neutral Terminology in References to Members of the City Council, for second and final • reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CERTAIN PROVISIONS OF THE CITY CHARTER TO PROVIDE GENDER NEUTRAL TERMINOLOGY IN LIEU OF MASCULINE TERMINOLOGY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Berger to adopt Ordinance No. 38 -93 at second and final reading. Mr. Randels stated that an opinion had been solicited and received from the Attorney General's office regarding the degenderization matter. He expressed that the actual need for the ordinance was not apparent to him, but he would support the ordinance. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Ordinance No. 39 -93, Amending City's Code of Ordinances. Chapter 271. to Provide Gender Neutral Terminology in References to Members of the City Council. for second and final rte. Mayor Pro Tem Porter read the title of the Ordinance. • City of Cape Canaveral, Florida Regular City Council Meeting October 19, 1993 Page 4 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 271 ENTITLED, COUNCIL PROCEDURES, TO PROVIDE GENDER NEUTRAL TERMINOLOGY IN LIEU OF MASCULINE TERMINOLOGY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Randels to adopt Ordinance No. 39 -93 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 6. Ordinance No. 40 -93, Amending City's Code of Ordinances, Chapter 685, Parking Regulations, to Provide Fines for Illegally Parking in Fire Lanes. for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 685, PARKING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, TO AMEND SECTION 685.01 WITH REGARD TO THE REFERENCE OF FLORIDA STATUTES CONTAINED THEREIN; BY AMENDING SECTION 685.02 REGARDING THE ESTABLISHMENT OF NO PARKING ZONES TO PROVIDE THAT THE CITY FIRE CHIEF MAY DESIGNATE FIRE LANES AND DESIGNATING THE FIRE CHIEF OR HIS DESIGNEE AS A PARKING ENFORCEMENT SPECIALIST TO CITE VIOLATIONS OF PARKING IN FIRE LANES; BY AMENDING SECTION 685.06 TO ADD A VIOLATION FOR PARKING IN A FIRE LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Randels to adopt Ordinance No. 40-93 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 7. Ordinance No. 41 -93, Enacting Chapter 719 of the City's Code of Ordinances to be entitled "Impact Fees". for second and final reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 719, IMPACT FEES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR LEVY AND PURPOSE; City of Cape Canaveral, Florida Regular City Council Meeting October 19, 1993 Page 5 PROVIDING EXEMPTIONS; PROVIDING A SCHEDULE OF NEW IMPACT FEES; PROVIDING FOR THE PAYMENT OF FEES; REQUIRING ESTABLISHMENT OF CAPITAL EXPANSION TRUST FUNDS; REQUIRING THE ADOPTION OF CAPITAL EXPANSION PLANS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 41 -93 at second and final reading. Mr. Kancilia reviewed the concerns expressed at a previous meeting relative to the effective date of the ordinance. He explained that the fees would apply to all new permits which were pulled after the enactment of the ordinance. Mr. Randels commented on the requirement that the impact fees must be earmarked for specific purposes under a Capital Expansion Plan with individual trust accounts. Mr. Kancilia recommended that the Council designate the Final Draft Report prepared by Burton & Associates as an official part of the record. Mr. Porter entered the Final Draft Report of the Municipal Services Impact Fee Study as prepared by Burton & Associates, dated October 13, 1993, into the official record. Mr. Don Haynes questioned if the City had hired a consultant to advise the City on the implementation of the impact fees and the cost of such consultant. Mr. Boucher responded that the consultant's fee was $20,000. Mr. Porter referenced the amount of work which went into the preparation of the Impact Fee Study prepared by Burton & Associates to substantiate the fees to be imposed. He spoke briefly regarding State mandated programs without funding mechanisms. Mr. Haynes explained that he perceived that the City of Cape Canaveral had some of the highest permit and building fees in the County. He expressed his concern regarding the new fees and the implications of chasing away growth and development in the City. There was discussion relative to the need to establish properly structured impact fees to be assessed to new development so that new development would pay its fair share of the cost of facilities necessary to provide the municipal services required by the new development. Mr. Haynes questioned if the fees for a proposed shopping center would be approximately $17,000; it was determined that the fees for such a shopping center would be an estimated $5,000. Mr. Porter summarized that residents had paid their fair share of taxes through the years and the City was unable to maintain the status quo of City services because of growth. He briefly voiced his concern regarding the infrastructure needs which were not being addressed throughout the nation. Mr. Haynes disagreed with the concept of paying taxes on empty lots. Mr. Randels explained the "credit for in -kind contributions" portion of the impact fee study. Mr. Porter gave Mr. Haynes a copy of the Impact Fee Study for his review. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman City of Cape Canaveral, Florida • Regular City Council Meeting October 19, 1993 Page 6 • Berger, For; Councilwoman Calvert, For; Councilman Randels, For. NEW BUSINESS: 1. Motion Re: Final Budget Transfers FY 92/93. Motion by Mr. Randels, seconded by Mrs. Calvert to approve the final budget transfers as presented by the City Treasurer for FY 92/93. Ms. Deborah Haggerty, City Treasurer, stated that the budget transfers presented to Council were complete for the fiscal year ending September 30, 1993. She briefly explained some of the line items which had been questioned by Mr. Randels. Mr. Randels stated that no money was taken out of reserves. Ms. Haggerty stated that the City closed the year in a comfortable financial position. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 2. Resolution No. 93 -39. Reappointing a member to the Recreation Board. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Resolution No. 93 -39 reappointing Regina Mead as a member of the Recreation Board. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 3. Resolution No. 93 -40. Reappointing members to the Beautification Board, Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mrs. Calvert, seconded by Mr. Randels to adopt Resolution No. 93 -40 reappointing Frances Singer, Francie Edwards and Martha Seymour as members of the Beautification Board. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting October 19, 1993 Page 7 4. Resolution No. 93 -41, Appointing an alternate member to the Zoning Board of Adjustment. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mrs. Calvert to adopt Resolution No. 93-41 appointing Ann Thurm as an alternate member to the Zoning Board of Adjustment. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 5. Resolution No. 93 -42, Appointing an alternate member to the Library Board. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE 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 adopt Resolution No. 93-42 appointing Dr. Richard S. Young as an alternate member to the Library Board. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 6. Ordinance No. 42 -93, Amending City's Cade of Ordinances, Chapter 611, Building Cod - Re: M - bershi i of - Construction Bo . d of Adjustment and A s for first readin Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 611, BUILDING CODE; AMENDING SECTION 611.02 BY AMENDING SECTIONS 105.1 AND 105.2 OF THE STANDARD BUILDING CODE; DELETING THE AMENDED VERSION OF SECTION 105.3 OF THE STANDARD BUILDING CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN • EFFECTIVE DATE. City of Cape Canaveral, Florida Regular City Council Meeting October 19, 1993 Page 8 Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 42 -93 at first reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilman Berger, For; Councilwoman Calvert, For; Councilman Randels, For. 7. City Manager's Report. Mr. Boucher advised that he had met with Congressman Bacchus regarding the National Flood Insurance Reform Act which was being discussed in Washington. He stated that Congressman Bacchus was attempting to delete the erosion element of the proposed bill. He stated that Florida paid 38% of the national premiums; yet it only had 8% of the claims. Mrs. Calvert stated that 1993 was the first year in which there had been no sand build -up along the beaches during the summer. She asked if there could be any connection between the loss of sand and the Port's project of depositing sand on the berms in Cocoa Beach and she asked City staff to further investigate the matter. Mr. Boucher stated that he had attended the Library Board's meeting earlier that day and he was impressed by the manner in which the meeting was conducted and the valuable information discussed and distributed at the meeting. He advised that the County was responsible for painting the exterior of the building. Mr. Boucher stated that the Brevard County Commission had approved the preparation of an ordinance that would impose a surcharge of $12.50 on each moving traffic violation to be utilized for the maintenance and operation of the existing 800 MHz system. Mr. Boucher stated that he had received a proposal from Florida Power & Light (FPL) to improve the street lighting along N. Atlantic Avenue. He recommended the selection of Alternative "B" which would provide that FPL would replace 29, 70W fixtures with 150W fixtures at an initial cost of $1,084 which would be funded from the Street Department budget. DISCUSSION: 1. Mr. Randels stated that the City Innovations Showcase magazine distributed by the Florida League of Cities was worthwhile reading. 2. Mr. Randels questioned if the City was sending a representative to the Flood Insurance Program seminar and Mr. Boucher advised that Mr. Tom Kleving, Building Inspector, would be attending the seminar. • 3. Mr. Randels distributed information to Council and staff regarding the Florida City of Cape Canaveral, Florida Regular City Council Meeting October 19, 1993 Page 9 Undergrounders, which was a non -profit organization interested in placing utility lines for new subdivisions underground. 4. Mr. Randels stated that the Florida League of Cities had prepared a book for new elected officials which offered information relative to the League and its purposes. 5. Mrs. Calvert asked that City staff review the sand project in Cocoa Beach and asked for a report back to Council at the next workshop meeting scheduled for October 28, 1993. 6. Mr. Porter distributed an article from Florida Today regarding the link between chlorine and certain types of cancer which helped to confirm the City's use of ultraviolet light in the wastewater treatment process. 7. Mr. Porter stated that the Brevard Delegation would be meeting at the City Hall in Rockledge within the next week and he referenced the State -owned acreage at the north end of the City. He stated that the Port was attempting to secure 34 acres of land and he felt that the City should continue to petition the Brevard delegation for the use of the land for stormwater management. Mr. Leo Nicholas stated that it had always been the City's intention to obtain the land. Mr. Don Arabian stated that Karen Andreas, Brevard County Chairman, would not object nor would she help the City to obtain the land. Council concurred to support Mr. Porter's efforts to represent the City's interests at the Brevard Delegation meeting regarding the State land. ADJOURNMENT: There being no further business, the meeting adjourned at 8:20 P.M. Approved this 2nd day of November , 1993.