HomeMy WebLinkAboutMinutes 02-16-1988CITY COUNCIL
REGULAR MEETING
FEBRUARY 16, 1988
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON FEBRUARY 16, 1988 AT THE CITY
HALL ANNEX, 111 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEET-
ING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR PATRICK LEE.
INVOCATION WAS LED BY MR. MILLER, WHICH WAS FOLLOWED BY THE
I PLEDGE OF ALLEGIANCE.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR PATRICK. LEE, MAYOR PRO TEM ROBERT HOOG, COUNCIL
MEMBERS JEFF KIDD, STEVE MILLER AND ROCKY RANDELS. ALSO PRESENT
WERE CITY MANAGER, LEO NICHOLASI CITY ATTORNEY, JIM THERIAC AND
CITY CLERK, JAN LESSER.
MR. KIDD MOVED TO FOREGO THE READING OF THE MINUTES OF THE
REGULAR MEETING OF FEBRUARY 2, 1988 AND TO APPROVE THEM AS
WRITTEN. MR. MILLER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. PRESENTATION BY CANAVERAL PORT AUTHORITY
MR. MALCOLM McLOUTH, CHAIRMAN OF THE CANAVERAL PORT AUTHOR-
ITY, PRESENTED THE CITY WITH A COPY OF THEIR COMPREHENSIVE PLAN
AND GAVE A REPORT ON THE PORT'S. FINANCIAL STATUS. MR. MCLOUTH
THEN INTRODUCED MR. JOE LAPOLLA, CHIEF ENGINEER WHO REVIEWED
THEIR FUTURE LAND USE PLAN.
DISCUSSION ENSUED ON THE INTERNAL IMPROVEMENT FUND PROPERTY
THAT THE PORT AND THE CITY WERE BOTH ATTEMPTING TO GAIN TITLE TO
FROM THE STATE OF FLORIDA. DISCUSSION FOLLOWED. ON POSSIBLE USES
' FOR BOTH THE WETLANDS AND UPLANDS. THE CITY INDICATED THEY WERE
INTERESTED IN THE PROPERTY LOCATED ON THE WEST SIDE OF AlA TO
ENSURE IT WOULD BE MAINTAINED IN IT'S NATURAL STATE OR BE
DEVELOPED ONLY AS A RECREATION SITE. MR. McLOUTH EXPLAINED THAT
THE PORT AUTHORITY WAS INTERESTED IN THE PROPERTY LOCATED EAST OF
AlA FOR THEIR FOREIGN TRADE ZONE. HE FURTHER NOTED THAT HE
THOUGHT THE PORT WOULD BE WILLING TO LEASE THAT PORTION WEST OF
CITY CUUNCIL REGULAR MEETING
FEBRUARY 16, 1988
PAGE 1 OF 5
AlA TO THE CITY. MR. McLOUTH EXPLAINED THAT THE CITY'S REQUEST
FOR THE LAND WAS DELAYING ACTION ON THE PORT'S REQUEST. HE ALSO
ADVISED THAT A LANDOWNER IN THE AREA HAD CLAIMED RIPARIN RIGHTS.
MRS. MARY WINCHESTER AND MRS. HELEN FILKINS STRESSED THAT
NOTHING COULD BE DEVELOPED ON WETLANDS..
AFTER FURTHER DISCUSSION, IT WAS THE CONSENUS OF THE COUNCIL
THAT THE PORT COULD BETTER UTILIZE THE LAND LOCATED EAST OF AlA
AND THAT THE CITY WOULD AMEND IT'S REQUEST. MAYOR LEE EXPLAINED
THAT THE CITY COULD TAKE NO ACTION ON THIS ITEM UNLESS THERE WAS
AN ADD-ON ITEM AT THE END OF THE MEETING.
ITEM 2. ORDINANCE NO. 1-88 AMENDING ZONING REGULATIONS
SECTION 638.07 TO ALLOW PERMANENT SECURITY LIVING
FACILITIES IN THE M-1 ZONE BY SPECIAL EXCEPTION
FIRST READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE ZONING
REGULATIONS OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA BY
AMENDING SECTION 638.07, TO ALLOW
PERMANENT SECURITY LIVING FACILITIES
IN THE M-1 ZONE BY SPECIAL EXCEPTION)
ESTABLISHING PROVISIONS FOR SAID
SPECIAL EXCEPTION= REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HERE-
WITHi PROVIDING AN EFFECTIVE DATE.
MR. KIDD MOVED TO APPROVE FIRST READING. MR. HOOG SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.,
ITEM 3. ORDINANCE NO. 2-88 AMENDING ZONING REGULATIONS
SECTION 367.5 TO ALLOW RETAIL SEAFOOD SALES IN THE
C-1 ZONE BY SPECIAL EXCEPTION (FIRST READING AND
PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE ZONING REGU-
LATIONS OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA BY AMENDING
SECTION 637.51 TO ALLOW RETAIL SEAFOOD
SALES IN THE C-1 ZONE BY SPECIAL EXCEPT-
ION) REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH) PROVIDING AN
EFFECTIVE DATE.
MR. HOOG MOVED TO APPROVE FIRST READING. MR. KIDD SECONDED
MOTION. MR. RANDELS AND MAYOR LEE VOICED CONCERN WITH ALLOWING
SEAFOOD PROCESSING IN THE CITY. MRS. ANN THURM SPOKE AGAINST THE
ORDINANCE. MR. THERIAC ADVISED THAT RETAIL SEAFOOD SALES ARE AN
ALLOWED USE IN A C-.1 ZONE, BUT SEAFOOD PROCESSING IS NOT ALLOWED.
DISCUSSION FOLLOWED.
CITY COUNCIL REGULAR MEETING
FEBRUARY 16, 1988
PACE 2 OF 5
VOTE ON THE MOTION WAS ALL OPPOSED. ORDINANCE FAILED ON
FIRST READING.
IONS
ITEM 4• SCAPINGCANDOSCREENINGEREQUIREMENTS RFIRSTTREADING
ND -
AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE. ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE ZONING REGU-
LATIONS OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA) AMENDING
SECTION 631.01, DEFINITIONS; AMENDING
SECTION 639.43, LANDSCAPING AND SCREEN-
ING FOR COMMERCIAL AND INDUSTRIAL
ZONING DISTRICTS; ESTABLISHING SECTION'
639.44, INTERIOR LANDSCAPING FOR OFF
STREET PARKING AREAS; AMENDING SECTION,
639.59, PRESERVATION OF TREES IN ALL
DISTRICTS; AMENDING SECTION 645.05,
SITE PLAN SUBMITTAL AND REVIEW PROCED-
URES; REPEALING ALL PORTIONS OF THE.
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
MR. RANDELS MOVED TO APPROVE FIRST READING. MR. MILLER
SECONDED MOTION. MR. RANDELS EXPLAINED THAT THIS ORDINANCE WAS
THE RESULT OF MANY HOURS OF WORK BY THE PLANNING AND ZONING
BOARD.
MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 3-88 WAS APPROVED
ON FIRST READING.
ITEM 5. RESOLUTION NO. 58-5 APPOINTING OFFICIAL CITY
HISTORIAN
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING AN OFFICIAL
CITY HISTORIAN; PROVIDING AN EFFECT-
IVE DATE.
MR. HOOG MOVED FOR ADOPTION. MR. MILLER SECONDED MOTION.
VOTE ON THE MOTION WAS UNANIMOUS. ADOPTION OF THE RESOLUTION
APPOINTED MRS. ANN THURM AS THE OFFICIAL CITY HISTORIAN. MAYOR
LEE THANKED MRS. THURM FOR SERVING IN THIS CAPACITY.
ITEM 6. MOTION RE: QUOTE NO 88-1 FOR AERIAL FIRE TRUCK
MR. NICHOLAS EXPLAINED THAT THE ONLY BID THE CITY HAD
RECEIVED FOR THE AERIAL FIRE TRUCK WAS FROM THE CITY OF PORT
ORANGE IN THE AMOUNT OF $250,000. HE FURTHER NOTED THAT OTHER
CITIES HAD INDICATED AN INTEREST IN THE TRUCK BUT HAD NOT SUBMIT-
TED A FORMAL BID.
CITY ATTORNEY THERIAC ADVISED THAT ONCE THE CITY HAD REJECT-
ED THE BID, THEY COULD CONDUCT "ARM'S LENGTH TRANSACTIONS"
(NEGOTIATE) WITH PORT ORANGE OR ANY OTHER CITY INTERESTED IN THE
CITY COUNCIL IM39AR MEETING
FEBRUARY 16, 1988
PAGE 3 OF 5
TRUCK, BECAUSE IT IS A ITEM THE CITY HAS FOR SALE RATHER THAN ONE
THEY WANT TO PURCHASE.
MR. KIDD MOVED TO REJECT ALL BIDS FOR BID NO. 88-1. MR.
HOOG SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS WAS DIRECTED TO NEGIOATE FOR THE HIGHEST PRICE
AND TO REPORT BACK TO COUNCIL.
ITEM 7. MOTION AE: AUTHORIZING PURCHASE OF BRONZE PLAQUE FOR
RAYMOND JAMIESON MEMORIAL
MR. KIDD MOVED TO AUTHORIZE THE PURCHASE OF A BRONZE PLAQUE
IN THE AMOUNT OF $300.00 FOR THE JAMIESON MEMORIAL. MR. HOOG
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. NICHOLAS NOTED
THAT THE PLAQUE, DEDICATING CITY HALL TO MR. JAMIESON'S MEMORY,
WOULD BE AFFIXED UNDER THE CURRENT PLAQUE LOCATED OUTSIDE THE
FRONT DOOR OF CITY HALL.
ITEM B. MOTION REi RESCHEDULING WORKSHOP MEETING OF FEBRUARY
25, 988
MR. NICHOLAS ADVISED THAT SCOTT SPOONER, OF BRILEY, WILD AND
ASSOCIATES, WOULD BE IN THE CITY ON TUESDAY FEBRUARY 23RD AND
WOULD BE AVAILABLE TO MEET WITH THE CITY COUNCIL. MR. KIDD MOVED
TO RESCHEDULE THE WORKSHOP MEETING OF FEBRUARY 25TH TO FEBRUARY
23RD AT 7:30. P.M. MR. RANDELS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
DISCUSSION
MR. KIDD MOVED FOR THE FOLLOWING ADD-ON ITEM. MR. HOOG
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ADD—ON ITEMi RESOLUTION NO 88-6 AMENDING REQUEST FOR
INTERNAL IMPROVEMENT FUND PROPERTY
SEVERAL OPTIONS REGARDING THE STATE INTERNAL IMPROVEMENT
FUND PROPERTY WERE DISCUSSED. MR. THERIAC SUGGESTED A JOINT
APPLICATION, REQUESTING THE PROPERTY EAST OF AlA BE DEEDED TO THE
PORT AUTHORITY AND THE PROPERTY WEST OF AlABE DEEDED TO THE
CITY.
MR. THERIAC ADVISED THE TITLE OF THE RESOLUTION WOULD BE AS
FOLLOWSs
A RESOLUTION AMENDING THE CITY'S
REQUEST FOR THE STATE OF FLORIDA
INTERNAL IMPROVEMENT FUND PROPER—
TY, PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL RDABAR MEETING
FEORUARY 16, 1988
PAGE 4 OF 5
MR. RANDELS MOVED TO ADOPT RESOLUTION NO. 88-6. MR. KIDD
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY'
MR. NICHOLAS NOTED THAT THE MUNICIPALITIES WERE CONTINUING
TO MEET WITH BREVARD COUNTY REGARDING EARLY SUBMITTAL OF THE
COMPREHENSVIE PLAN AND THAT THE COUNTY HAD NOT MADE A DECISION
REGARDING EARLY SUBMITTAL.
MR. NICHOLAS ALSO NOTED THAT HIS EMPLOYMENT ANNIVERSARY DATE
WAS APPROACHING AND .THE COUNCIL SHOULD CONSIDER ,HIS ANNUAL
REVIEW.
MAYOR LEE NOTED THAT THE CITY COUNCIL NEEDED TO ESTABLISH A
TIME TO MEET IN EXECUTIVE SESSION TO. DISCUSS THE COLLECTIVE
BARGAINING PROCESS. THE EXECUTIVE SESSION WAS SET FOR 6:00 P.M.
ON FEBRUARY 23RD. MAYOR LEE NOTED THAT THIS MEETING WOULD NOT BE
OPEN TO THE PUBLIC.
MR. WINKLER OF THE CITY OF WALKER ADDRESSED THE CITY COUNCIL
AND INDICATED HIS CITY'S INTEREST IN PURCHASING THE AERIAL TRUCK.
MR. WINKLER WAS ADVISED TO CONTACT MR' NICHOLAS.
THERE BEING NO FURTHER BUSINESS, THE, MEETING WAS ADJOURNED
AT 9:55 P.M' , 1988.
APPROVED THIS Set DAY OF March'
MAYOR
ATTEST%
Y CLERF _
CITY cWNCIL FOG1RAR MEETING
FEBRuM 16, 1988
PAGE 5 OF 5