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HomeMy WebLinkAbout09-06-1994 Regular Meetingr • CITY COUNCIL REGULAR MEETING September 6, 1994 A Regular Meeting of the Cape Canaveral City Council was held on September 6, 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 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. Special City Council Meeting of July 28, 1994. Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Special City Council Meeting of July 28, 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. 2. Regular City Council Meeting of August 2, 1994. Motion by Mr. Nicholas, seconded by Mr. Porter to approve the minutes of the Regular City Council Meeting of August 2, 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. PUBLIC HEARINGS: 1. Ordinance No. 20 -94,. Amending_ Section 110 of the Code of Ordinances, by changing requirements for the parkins of boats. utility trailers. recreational vehicles and special purpose vehicles, for first public hearing. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE PARKING OF BOATS, 41) UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110- 551(c) TO CONFORM WITH SUBSECTION 100- 551(b); City of Cape Canaveral, Florida Regular City Council Meeting • September 6, 1994 Page 2 AMENDING SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSES VEHICLES; AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES; PROVIDING FOR SEVERABJL1TY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 20 -94 at first public hearing. Mr. Randels stated that he was concerned with the City relaxing the present standards for the parking of boats and recreational vehicles. He stated that the proposed change included in the Ordinance limited the restrictions to recreational vehicles in excess of 30', thus a vehicle under 30' could park anywhere that was not specifically excluded. Motion by Mr. Randels, seconded by Mr. Porter to amend the Ordinance to delete the words "in excess of thirty (30) feet in length" from Item (i) on page 3 of the Ordinance. Mr. Randels stated that the Ordinance would then apply to all size recreational vehicles. Mr. Kancilia summarized the previous discussions held by the Planning & Zoning Board and Council regarding the 30' parking restrictions. He stated that the 30' restriction originally arose because the Planning & Zoning Board had recommended an increase from the 21' to 30' restriction. He explained that it was thought that in R -1 and R -2 zoning there would continue to be the same requirement for covering or screening of such vehicles and that the dividing line for covering was when the vehicle was in excess of 30' because vehicles under 30' were not considered to be an eyesore. There was further discussion regarding the 30' length restriction on the parking of recreational vehicles. Mr. Randels stated that the amendment to the Ordinance would provide that the parking limitation would apply to all boats and recreational vehicles. Motion by Mr. Randels, seconded by Mayor Salamone to amend the Ordinance to add the words "commercially registered vehicle" after "No for -hire vehicle" in Item (h), Page 3 of the Ordinance. Motion failed on the first amendment with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger Against Councilmember Nicholas For Councilmember Randels For Motion carried on the second amendment with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting • September 6, 1994 Page 3 Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone announced that the second public hearing of Ordinance No. 20 -94 would be scheduled for Tuesday, September 20, 1994, at 7:00 p.m. 2. Ordinance No. 22 -94, Amending City's Code of Ordinances, to enact provisions to minimize fire hazards within the City, for second and final 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 MATERIALS AND LIQUIDS; RESTRICTING THE USE OF BOTTLED GAS AND REQUIRING A BUILDING PERMIT FOR THE USE OF BO'1"I'LED GAS; SPECIFYING THE INSTALLATION OF DOORS IN PUBLIC PLACES; REQUIRING BATTERY BACK -UP • FOR SMOKE DETECTORS; 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. 22 -94 at second and final reading. Motion carried on the main motion with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINESS: 1. Resolution No. 94 -37, Extending current cable television franchise agreement. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO CABLE TELEVISION; EXTENDING THE EXPIRATION DATE OF THE FRANCHISE GRANTED PURSUANT TO ORDINANCE NO. 36 -64, AS AMENDED BY ORDINANCE NO. 16 -79, RESOLUTION NO. 88 -54 AND RESOLUTION NO. 92 -05, MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -37. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. City of Cape Canaveral, Florida Regular City Council Meeting • September 6, 1994 Page 4 2. Resolution No. 94 -38. Authorizing the execution of a State Revolving Loan Fund and the led h e of revenues from the Ci 's sewer s stem use fees to secure . a ment of said loan. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF STATE REVOLVING LOAN FUND NO. CS 120825020; AUTHORIZING THE PLEDGE OF REVENUES DERIVED FROM SEWER SYSTEM USE FEES TO SECURE PAYMENT OF SAID LOAN; DESIGNATING AN AUTHORIZED REPRESENTATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -38. Mayor Salamone stated that the principal loan amount was $4,537,836 at an interest rate of 3.17 %. Mr. Kancilia explained in detail the changes to the loan agreement which he had requested and the changes which were approved or denied by the State. The changes which were denied would have required changes to the Florida Administrative Code. 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. Resolution No. 94 -39. Reappointing members to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING THREE (3) MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -39 to reappoint Catherine Barnes, Buzz Petsos and Steve Roney to the Planning and Zoning Board with terms to expire on September 15, 1996. 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. Resolution No. 94 -40. Appointing an alternate member to the Planning & Zoning Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING • BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. • City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 5 Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -40 with the inclusion of Don Bergen as an alternate member to the Planning & Zoning Board with a term to expire on September 15, 1996. 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. Ordinance No. 26 -94, Scheduling a Referendum Election for the purpose of presenting an 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. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 26 -94 at first reading. Mr. Porter questioned whether or not Lt. McGee would discuss the proposed referendum further with Council. Mayor Salamone stated that she felt very comfortable going to the voters with the question given the current and future budget requirements for police and fire. Mr. Randels explained that he felt the voters needed to be adequately informed as to how the increased millage funds were to be used. Mayor Salamone stated that it would be for two (2) additional deputies. Mr. Randels questioned the success rates of bicycle patrols in smaller communities such as Cape Canaveral. Lt. McGee responded that bicycle patrols were being used on Merritt Island with good success; however, this was being done in low income areas where there were a concentrated amount of people and it had helped tremendously in keeping unwanted persons out of certain areas. The visibility aspect was important as well. There was additional discussion between Lt. McGee and Council regarding the possibility of utilizing bicycle patrols in Cape Canaveral and other policing needs within the community. Mr. Berger questioned if the millage increases were to be fully explained in the City's newsletter. Council supported moving up the schedule for the printing of the newsletter to allow information regarding the referendum questions to be included in the newsletter prior to the November election. 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. 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. I • City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 6 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 Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 27 -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. 7. Ordinance No. 34 -94. Providing for the submission to the electors of the City of Cape Canaveral a proposed amendment to Article XXIV, Sec. 8, Nepotism of the City of Cape Canaveral Charter. for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SEC. 8, NEPOTISM, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REPEALING PRESENT SEC. 8, NEPOTISM, OF ARTICLE XXIV OF THE CITY CHARTER AND ADOPTING IN LIEU THEREOF THE NEPOTISM PROVISIONS OF SECTION 112.3135, F.S.; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SEC. 8, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR A SEVERABILITY CLAUSE; 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. 34 -94 at first reading. Mr. Porter commented that he felt the matter would become a "political football". There was discussion regarding the proposed ballot wording and Mr. Kancilia explained the reasons why the ballot summary needed to specify the actual nature of the change. Mr. Porter expressed his concerns regarding the prohibition against allowing two (2) family members to serve on two (2) separate City Boards that made recommendations to the City Council. Mr. Kancilia stated that under the present Charter provisions on nepotism, the Council could not appoint a relative of a Councilmember to any of its advisory boards. Under Florida I • City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 7 Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the particular Councilmember abstained from voting. Mr. Kancilia stated that by adopting Florida Statutes, the Council could appoint a Councilmember's family member to an advisory board provided that the Councilmember abstained; that same activity under the current Charter provision would not be legal. Mr. Porter stated that although he did not condone the tactics with which the original referendum was passed, he did feel that some good came out of the entire matter by clearing up any misconceptions. He stated that the City as a whole had been negatively affected by the entire nepotism issue. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter Against Couiicilmember Berger For Councilmember Nicholas For Councilmember Randels For 8. Ordinance No. 35 -94, Amending City's Code of Ordinances, Section 780152, Monthly Sewer Rates to clan the authori of the Ci Council to modi sewer rate in amounts o er than increases based on the consumer price index. for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 78 -152, MONTHLY SEWER RATES, TO CLARIFY THE AUTHORITY OF THE CITY COUNCIL TO ESTABLISH INCREASES IN MONTHLY SEWER RATES IN AMOUNTS OTHER THAN THE INCREASE OF THE CONSUMER PRICE INDEX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 35 -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. 9. Ordinance No. 36 -94, Amending City's Code of Ordinances, by adding a Section to be entitled. "Motion and Still Photography Production Permits ", for first reading. Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS ", PROVIDING A r City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 8 1't'1'LE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT; PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENT; PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Porter to adopt Ordinance No. 36 -94 at first reading. Mr. Kancilia stated that Section 16 -67 of the Ordinance had been reworded to make it explicit that the granting of a production permit did not excuse the applicant from complying with other City Code provisions /licenses. He outlined several other modifications which had been made to the subject Ordinance. Motion carried with members voting as follows: Mayor Salamone For Mayor Pro Tem Porter For Councilmember Berger For Councilmember Nicholas Against Councilmember Randels For 10. Motion Re: Brevard County's Local. Planning Assistance Program. Motion by Mr. Randels, seconded by Mr. Nicholas to authorize the City Manager to pursue an interlocal agreement with Brevard County for Alternative No. 1 for hiring a County planner for $20.62 per hour for up to 240 hours to assist with the Comprehensive Plan amendment process and the Commercial Development Board in an overall Redevelopment Plan for the City. Mr. Porter and Mr. Berger spoke in favor of the interlocal agreement with the County. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Motion Re: Authorization to Dispose of Surplus Property through City Auction. Motion by Mr. Porter, seconded Mr. Randels to authorize the City Manager to auction the City property as listed on Bid No. 94 -05. Mr. Randels asked that the auction be published in additional publications. Mayor Salamone stated that she wanted copies of the auction lists at City Hall, the library and Capeview Elementary, and also that it be advertised in the publication known as the "Thrifty Nickel ". 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. City Manager's Report. Mr. Boucher stated that Council had received a letter from the Canaveral Port Authority I City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 9 regarding two (2) holdouts on the beach easements. He advised that on the two (2) parcels in question, the firm that was engaged to sue the Army Corps of Engineers had filed pleadings against the Port trying to get the easements. Mr. Boucher had spoken to Port Commissioner McClouth who had requested the City's assistance in attempting to persuade the two (2) holdouts to execute the easements. Mr. Randels stated that he was scheduled to meet with the Canaveral Towers Condominium Association. Mr. Porter suggested sending a letter to Mr. Harris of Gray, Harris, Robinson, Kirschenbaum & Peeples, requesting his support in obtaining the easements. Council concurred to send the letter to Mr. Harris and to copy both holdouts with the letter as well. Mr. Boucher stated that Karen Andreas, Brevard County Commissioner, had given him a copy of the Attorney General's opinion regarding the Snyder and Jennings lawsuits, which had been distributed to Council. Mayor Salamone asked that the City Attorney's opinion on the same subject also be sent to Commissioner Andreas. DISCUSSION: 1. Mr. Nicholas questioned if the Canaveral Cab Company was back in operation within the City. Mr. Boucher responded that the company had applied for a license/permit. Mr. Nicholas suggested that the City keep a close watch on the operations of the company within the City. Mayor Salamone expressed her concerns regarding the particular cab company as well. 2. Mr. Nicholas stated that in the past he had asked about getting lots mowed at the intersection of Magnolia and Adams Avenues. He stated that other lots had been mowed, but not the two in question and he asked that something be done about the problem. 3. Mr. Nicholas mentioned that he was concerned about the potential for one day rentals in Ocean Oaks and he had been assured by staff that a memo had been written to the owner advising him that rentals of less than seven (7) days were prohibited. He stated that he had a problem with the memo because it did not specifically outline the City's Code requirements. He advocatefi that the instructions to the owner be specifically outlined and explicit about the prohibition against rentals of less than seven (7) days. 4. Mr. Porter announced that he had a meeting scheduled for Friday, September 9, 1994, at 4:00 p.m., at the Recreation Center, with the volunteers who would be assisting the City in its grant research /writing efforts. 5. Mr. Randels distributed copies of a publication that the Florida League of Cities had compiled which listed all of the available grants, contract persons, and other applicable grant information within the State of Florida. • 6. Mr. Randels commented that the Florida League of Cities had passed a resolution in opposition to legalized gambling in the State of Florida. I City of Cape Canaveral, Florida Regular City Council Meeting September 6, 1994 Page 10 7. Mr. Randels stated that of the 29 possible State ballot initiatives for November ballot, only six (6) had received enough signatures to move forward toward the November election. He distributed a fact sheet regarding the initiatives to Council. ADJOURNMENT: There being no further business, the meeting adjourned at 8:24 P.M. Approved this 20th day of September 1994. L jttifi Joy fS. - one, MAYOR