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HomeMy WebLinkAbout07-05-1994 Regular Meetingr • • L CITY COUNCIL REGULAR MEETING July 5, 1994 A Regular Meeting of the Cape Canaveral City Council was held on July 5, 1994, 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 Present (Late) Councilmember Arthur Berger Present Councilmember Leo Nicholas 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 City Council Meeting of June 21. 1994. Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of June 21, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PROCLAMATION AND PRESENTATIONS: 1. Rockwell: The Moon and Beyond Day July 20, 1994. Mayor Salamone read the proclamation and as the representative from Rockwell was unable to be present at the meeting, the proclamation would be forwarded to Rockwell the next day. 2. 1994 Summer Beautification Awards Residential - Mr. Gary Meier Multi - Family - Cape Shores Commercial Zachary's Family Restaurant Mrs. Jacqueline Coates, Awards Chairman for the Beautification Board, presented the 1994 Summer Beautification Awards to the following individuals: Mr. Gary Meier - Residential award; Cape Shores - Mary Hickey, Condominium President, Netty DeJohn, Ilene & Roland City of Cape Canaveral, Florida • City Council Regular Meeting July 5, 1994 Page 2 • Fuller, Al Krug - Multi- Family award; and Deana & Zachary Ligerakis, Zachary's Family Restaurant - Commercial award. PUBLIC HEARINGS: 1. Ordinance No. 25 -94. Amending City's Code of Ordinances, Chapter 70, Taxation, by repealing and reenacting Article III, Occupational License Tax, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 70, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY REPEALING IN ITS ENTIRETY, ARTICLE III, OCCUPATIONAL LICENSE TAX, ADOPTING A NEW ARTICLE; ESTABLISHING A NEW FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 25 -94 at first reading. Mr. Kancilia reviewed the changes made to the ordinance since the workshop meeting held the previous week. Mr. Randels explained that the occupational license fee revision was mandated by the State and it was done entirely by the business community and that the Equity Study Commission's purpose /goal was to make the license fees fair and equitable for all. He spoke in reference to the new "dwellings for rent" category and questioned how City staff would monitor or determine which condominiums were rented more than three (3) times or more on a short-term basis. Ms. Deborah Haggerty, City Treasurer, explained the various methods that would be used to identify these type of rental units. Mayor Salamone stated that the identifying factor which stated "other dwellings rented or advertised for rent" would make it easier to determine such rental units. Mr. Michael Barnett, Sea Ventures of Cape Canaveral, stated that his business was a non - profit, marine research corporation and he addressed several questions to Council regarding which fees would be applicable to his business. Mr. Kancilia advised that if Mr. Barnett's business qualified as a non- profit, 501(C)(3) corporation and if each unrelated trade or business conducted by Mr. Barnett's organization was used in the furtherance of charitable activity, then he would be exempt from payment of occupational license fees. Mr. Arthur "Bud" Burns, Cape Storage, spoke against the proposed fees for mini storage complexes at $25.00 plus $2.00 per unit. He stated that he felt that he would be paying the • highest fees within the City based on his 194 units. He commented that his business only r City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 3 employed one (1) individual, yet his fees were based on number of rental units. He further expressed that the per unit cost was unfair and expounded on his reasons for same. Discussion followed regarding the per unit charge and the equity issue. Mayor Salamone asked that members of the Equity Study Commission attend the second reading and public hearing of the ordinance to explain the reasoning behind the per unit charge included under the Dwellings for Rent category. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Ordinance No. 21 -94, Amending City's Code of Ordinances, Creating Section 38 -3, Fire Inspectors designated as City Code Enforcement Inspectors to enforce Fire Safety Codes, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, • FLORIDA, CREATING SECTION 38 -3, FIRE INSPECTORS DESIGNATED AS CITY CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CODE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABJLJTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 21 -94 at first reading. Mr. Kancilia stated that the City firefighters who were appointed by the City Fire Chief as fire inspectors would also be empowered as code enforcement inspectors only for the purpose of enforcing fire safety codes. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 22 -94. Amending City's Code of Ordinances, to enact provisions to minimize fire hazards within the City, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING PROVISIONS TO MINIMIZE FIRE HAZARDS WITHIN THE CITY; PROVIDING RESTRICTIONS ON THE STORAGE AND DISPENSING OF FLAMMABLE 4) MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND L_ A r • City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 4 PROVIDING AN INSPECTION FEF, FOR THE USE OF BOTTLED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 22 -94 at first reading. Mr. Porter stated that he was concerned about enforcement problems associated with the proposed ordinance. There was further discussion regarding inspection fees applicable to residential units /usages. Motion by Mr. Nicholas, seconded by Mr. Porter to table Ordinance No. 22 -94. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Discussion & Motion Re: Ordinance No. 23 -94. Amending City's Code of Ordinances, Cha i er 2 Administration b establishin a Code Enforcement Board . ursuant to Cha ' ter 162 Florida Statutes, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and the oversight by Municipal Code in including the previous ordinance related to the same subject in the recodification process. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Discussion & Motion Re: Ordinance No. 24 -94. Amending City's Code of Ordinances, Article III, Service Rates. Deposits and Billing Procedures of Chapter 78. Utilities. for first r • City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 5 • • reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES, DEPOSITS AND BILLING PROCEDURES, OF CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -94 at first reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Discussion & Motion Re: Ordinance No. 26 -94. Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 1.0 mil for police protection, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Randels stated he felt that the proposed ordinance was premature since Council had not seen the proposed budget for FY 94/95. Mayor Salamone stated that Council had said that it wanted to take a look at a possible millage increase as it went through the budget process, but Council had not received the budget for the next fiscal year. Mr. Kancilia explained the time constraints involved with scheduling a referendum election, either at the general election scheduled for November or a special election. Mayor Salamone stated that she had not expected to see such an ordinance until August when Council had received the proposed budget for FY 94/95. There was further discussion regarding whether or not the proposed ordinance should be discussed r • City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 6 prior to Council's receipt of the budget. Motion by Mayor Salamone, seconded by Mr. Nicholas to table the item. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 7. Discussion & Motion Re: Ordinance No. 27 -94 Scheduling a Referendum Election for the purpose of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services, for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Nicholas to table the Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels Against 8. Discussion & Motion Re: Ordinance No. 28 -94, Amending City's Code of Ordinances, to provide for the preservation of trees with a diameter at breast height (dbh) of over three (a) inches, for first reading. Mayor Salamone read the title of the Ordinance. r City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 7 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 -567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREAS, SECTION 34 -122, PUBLIC NUISANCE PROHIBITED, SECTION 102 -36, DEFINITIONS, SECTION 102 -39, PENALTIES AND SECTION 102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 28 -94 at first reading. Mayor Salamone questioned if this ordinance changed all of the preservation of trees references to a diameter at breast height (dbh) of over three (3) inches. She asked that the word "and" be included in front of each reference to "Section" in the caption of the ordinance. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 110 9. Discussion & Motion Re: Resolution No. 94 -30. Authorizing the City's application for a State Revolving Fund Loan. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING APPLICATION FOR A STATE REVOLVING FUND LOAN, PROVIDING ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREEMENT, AND ESTABLISHING AUTHORITY TO UNDERTAKE THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -30. Mr. Boucher stated that Council may wish to change Section 3 to authorize the City Manager rather than the Mayor to provide the assurances and commitments required by the loan application. After discussion, Council concurred to leave the resolution as written. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 10. Discussion & Motion Re: Resolution No. 94 -31 Expressing opposition to casino type gambling in the State of Florida. Mayor Salamone read the title of the Resolution. A City of Cape Canaveral, Florida • City Council Regular Meeting July 5, 1994 Page 8 • • A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; EXPRESSING OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -31. Mayor Salamone stated that there appeared to be an even scale of people who wanted and did not want casino gambling. Mr. Berger stated that the gambling should be confined to designated areas. Mr. Nicholas commented that gambling had been legal at one time in Florida and that it had a very negative impact on the State. Mr. Porter stated he was not in favor of allowing casino gambling in Florida. Motion carried with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter For Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For 11. Resolution No. 94 -32. Appointing a regular member to the Commercial Development Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -32 appointing Alice M. Nielsen as a regular member of the Commercial Development Board. Mr. Porter spoke in favor of appointing Ms. Nielsen to the Board. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 12. Discussion Re: Proposed Personnel Rule & Regulations. Mr. Randels proposed adding the item as an ordinance to the next Council agenda. He stated that he had previously spoken against giving annual/sick leave to part-time employees and he added that he also had concerns regarding some of the sick leave provisions. Council concurred r City of Cape Canaveral, Florida • City Council Regular Meeting July 5, 1994 Page 9 • • to agenda the item as an ordinance at the next regular Council meeting. 13. Discussion Re: Government Economic Coalition findings. Mr. Porter stated that the Coalition had come up with a mission statement and priorities. He advised that the reason for the Coalition was to allow the fifteen (15) municipalities in Brevard County to work together to determine a cohesive plan to attain and increase value -added jobs. He recommended that copies of the Coalition's priorities be given to the Commercial Development Board for their input. Mr. Porter agreed to attend the next Commercial Development Board meeting to explain the Economic Coalition's findings. There was general discussion regarding impact fees imposed on new construction. 14. Discussion Re: Possibility of recommending Council salary increase. Mr. Kancilia advised that Council's annual compensation could be changed by an ordinance, not by referendum. Mr. Berger explained his reasons for supporting a salary increase rather than increased allowances for expenses (travel, per diem, etc.). There was discussion regarding travel expenses vs. salary increases. Mayor Salamone felt that Council salaries should be doubled. She recommended that the City Attorney write an ordinance to increase Council salaries for the next Council meeting. 15. City Manager's Report. Mr. Boucher stated that Council had received a request from County Commissioner Sue Schmitt 1 regarding a letter of support to keep the 301st Squadron at Patrick Air Force Base. Council I concurred to have such a letter sent to the appropriate parties. Mr. Boucher distributed copies of a complaint report from Western Waste to each member of Council. Mr. Boucher distributed copies of the ad written by Joyce Hicks of the Commercial Development Board that would be included in the next Port Journal. Mr. Boucher dispersed information relative to which municipalities had received money from the County for fireworks. Mr. Boucher stated that the County had installed a pedestrian signal at the intersection of Central Boulevard and North Atlantic Avenue and the County would also be reviewing other ways to improve the bikepath on the west side of North Atlantic. A City of Cape Canaveral, Florida • City Council Regular Meeting July 5, 1994 Page 10 • • Mr. Boucher advised that the Senior Community Service Employment Program (SCSEP) was sending an individual, Bill Ednis, to assist the City in grant writing and commercial development areas. Mr. Boucher stated that there was a summary judgement hearing scheduled for September 6, 1994, in the Royal Mansions case. DISCUSSION: 1. Mr. Kancilia advised that the Council could designate itself as the Local Planning Agency (LPA) in order to review the Comprehensive Plan or it could designate Council and the Planning and Zoning Board as the LPA. He explained the organizational and logistical problems involved in designating Council and Planning & Zoning Boardmembers as the LPA. He advised that a compromise solution would be to appoint one (1) or two (2) members of Council to the LPA along with the Planning & Zoning Board which would somewhat minimize the impracticalities of appointing the entire Council to the LPA. Mayor Salamone asked two (2) members of Council to volunteer to serve on the LPA. Mr. Nicholas and Mr. Randels agreed to serve on the LPA and Mr. Kancilia would prepare an ordinance for the next Council meeting to appoint said members to the LPA. Mayor Salamone also recommended that Lamar Russell be notified as to the days and times of the LPA meetings. 2. Mr. Nicholas stated that he was concerned about the library expansion and asked that the Council be brought into the loop of approval as far the expansion was concerned. Mayor Salamone asked that Mr. Boucher contact the County to ask that Council be included in the loop of the library expansion process. Mr. Nicholas commented that the County had applied for a CDBG grant to supplement the cost of the library expansion. 3. Mr. Porter asked that if Council received any information relative to available grants that the information be forwarded to the part-time grant writer. 4. Mr. Randels stated that Keep Brevard Beautiful had a $1,600 grant available. 5. Mr. Randels referenced the article in The Tribune regarding the use of Timbrex (recycled materials) for dune crossovers. 6. Mr. Randels questioned if the City would be having a 24 -hour per day, 7 -day a week wastewater treatment plant and Mr. Boucher responded that the matter was not final because a permit had not been received as of yet. i r • City of Cape Canaveral, Florida City Council Regular Meeting July 5, 1994 Page 11 7. Mr. Randels advised that he would be attending a SCAT meeting the next day regarding transportation issues. 8. Mr. Randels commented that he felt the City newsletter was unbiased, very factual and well done. 9. Mr. Randels mentioned that Council was receiving monthly reports from Dyer, Riddle, Mills & Precourt and he appreciated same. 10. Mr. Randels stated that the next Space Coast League of Cities meeting was scheduled for Monday, July 11th. 11. Mr. Randels questioned the status of Tower Boulevard improvements. Mr. Boucher stated that the bid documents were prepared and would be sent out by the end of the week. Mr. Randels stated that he would like to encourage the developer to pave the section of road leading up to his development after the road was stabilized. Mr. Boucher stated that the roadway from the sewer plant to Cape Sierra would be stabilized (east -west portion). Mayor Salamone stated that she had agreed to stabilizing 300', not the entire roadway length. She asked for copies of the minutes which reflected what Council's intent had been for the stabilization of Tower Boulevard. 12. Mr. Randels commented that Mr. Abe, Central Supply, had a concern regarding an off premise sign. He asked that staff determine the original intent of the five -year compliance clause included in the sign ordinance. ADJOURNMENT: There being no further business, the meeting adjourned at 9:40 P.M. Approved this 19th day of July John K. Porter, Mayor Pro Tem i