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HomeMy WebLinkAboutMinutes 08-10-1989 Special Workshop o 0 CITY COUNCIL SPECIAL WORKSHOP MEETING AUGUST 10, 1989 A Workshop Meeting of the Cape Canaveral City Council was held on August 10, 1989 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral , Florida. Mayor Salamone called the meeting to order at 7: 30 P.M. Members Present " Joy Salamone Mayor Bob Hoog Mayor Pro Tem Jeff Kidd Council Member Rocky Randels Council Member Others Present Leo Nicholas City Manager Jim Theriac City Attorney Janet Leeser City Clerk 1 . Ordinance No. 8-89 Amending Zoning Regulations Section 645. 37 by requiring Applicants for Rezoning or Zoning Ordi- nance Amendments to defray all Involved Costs ( Second Reading and Public Hearing on 8-15) Mr. Nicholas explained the proposed Ordinance would require the applicant to pay all costs associated with rezoning. Mr. Hoog and Mr . Randels spoke in favor of the Ordinance. Mrs. Helen Filkins spoke against the proposed Ordinance because in her opinion it was in conflict with the Growth Management Act. Discussion followed. Mr. Theriac advised that he was in the process of drafting an Ordinance requiring developers to attest to the fact that their site plans are consistent with the City' s Comprehensive Plan. Discussion continued. Agenda this item for Tuesday. 2. Ordinance No. 9-89 Amending Code Chapter 501 , Streets, by Establishing Civil Liability for Damage to Municipal Roads (Second Reading and Public Hearing on 8-15) Mr. Nicholas explained this proposed Ordinance was patterned after the State Statute. Agenda this item for Tuesday. 3. Discussion Re: Cleaning of Drainage Canal Mr. Nicholas distributed a copy of the easement map of the drain- age canal north of Central Boulevard which depicted that in some areas the canal was not located in the City' s easement. He ad- vised that the immediate need was to clean the canal and grade properly so there would always be a positive flow of water . Mr. Nicholas noted that O.K. Mock, the contractor who completed the sewer improvements adjacent to the canal, had submitted a quote of $33,000 to clean the canal and grade it on the east side. Discussion followed. Mr . Randels and Mr. Kidd spoke in favor of authorizing O.K. Mock to do the work. Mr . Nicholas pointed out that the work could not be authorized as a change order to the contract for the sewer improvements but would have to be a waiver of the bid process, with the expenditure authorized out of Reserve Funds. Discussion continued. It was the consensus of Council that the City should go out for bid for the canal cleaning. CITY COUNCIL WORKSHOP MEETING AUGUST 10, 1989 PAGE 1 OF 2 o Agenda a motion to authorize the advertisements for bid on the project for Tuesday. 4. Discussion Re: Vacancy on City Council Mr. Theriac advised that due to the resignation of Steve Miller, the City had two areas they needed to address: ( 1 ) appointment of a Council Member, within 30 days, to serve until the General Election, and ( 2) establishing procedures for filling seats for unexpired terms. Mr . Theriac suggested adopting an Emergency Ordinance so the procedures could be established prior to qual- ifying, followed by adoption of a regular Ordinance. Discussion was held on how to determine which candidate would serve for the unexpired one year term, i.e. , whether the can- didate should qualify for the unexpired term or the top two vote getters would get the three year terms, with the third highest vote getter filling the unexpired term. Mr . Theriac was dir- ected to draft two separate Ordinances for consideration on Tuesday. Mayor Salamone advised that the City had received a letter from Mrs. Ann Thurm who volunteered to fill the vacant seat. Agenda this item for Tuesday. 5. Discussion Re: Proposed Contract with City Manager Mr. Theriac reviewed the changes in the proposed "at will employ- ment agreement" . Mr. Kidd advocated filling in the blanks and proceeding with the contract negotiations. He suggested six months severance pay. Mr. Bruce Collins, a resident of Ocean Woods, spoke against the severance pay clause in the contract. Discussion followed. Mrs. Mary Wheeler and Mr . Don Arabian spoke against the proposed contract stating, in their opinion, it was in violation of the City Charter. Discussion continued. This item to be placed on the next workshop agenda. 6 . City Manager ' s Report Mr. Nicholas advised the City had received a reply from Depart- ment of Transportation regarding the City' s request to reduce the speed on A1A. Mr . Nicholas noted D.O.T. did not recommend reducing the speed. •Discussion followed. Agenda a Resolution for Tuesday. DISCUSSION Mr. Theriac reported that the three judge panel had made a decision on the Jeff Rich Lawsuit in Mr. Rich ' s favor. He further noted that one judge on the panel , Clarence Johnson, had dissented with the opinion. On this basis, Mr. Theriac advised appealing the decision to the 5th District Court. It was the consensus of Council that the decision should be appealed. There being no further business, the meeting was adjourned at 11 : 10 P.M. itLlA/.11 .61-4 ('`Y net S . Leeser ity Clerk. CITY COUNCIL WORKSHOP MEETING AUGUST 10 , 1989 PAGE 2 OF 2