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HomeMy WebLinkAboutMinutes 10-04-1988CAPE CANAVERAL CITY COUNCIL REGULAR MEETING OCTOBER 4, 1988 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida, was held on October 4, 1988, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7130 P.M. by Mayor Patrick Lee. Pledge of Allegiance was led by Mayor Lee. The roll was called by the City Clerk. Officials present were Mayor Patrick Lee, Mayor Pro Tem Robert Hoag, Council Members Jeff Kidd and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac and City Clerk, Jan Lesser, Mr. Miller was excused. Mr. Randels moved to forego the reading of the minutes of the Regular Meeting of September 6, 1988 and the Special Meeting of September 12, 1988 and approve them as written. Mr. Kidd seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Ordinance No. 9-88 Amendin Zonin Re ulations Section 640.03 6 Amending Town ouae M n mum Lot W t an Max mum Lot Coverage (Second Readingd Public Near ng) AN ORDINANCE AMENDING SECTION 640.03, "TOWNHOUSE AREA AND DIMEN- SION REGULATIONS", OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE MINIMUM TOWN- HOUSE LOT WIDTHI BY EXEMPTING TOWNHOUSE CONSTRUCTION ON 50 AND 75 FOOT LOTS OF RECORD UNTIL DECEMBER 31, 19931 AMENDING THE MAXIMUM TOWNHOUSE LOT COVERAGE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Ordinance. Mr. Randels moved for adoption. Mr. Hoag seconded motion. There being no discussion, Mayor Lee requested that the question be called. Vote on the motion was unanimous. Ordinance No. 9-88 was adopted on second reading. 2. Ordinance No. 13-88 Amendin Zonin Re ulatione b Prohibitin Day Rentals n R-1, R- an R- Zones Becon Reading and Pubic Hearing) AN ORDINANCE AMENDING SECTION 637.03, 637.17 AND 637.31 OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING R-1, R-2 AND R-3 PRINCIPAL USES AND STRUCTURES TO PROHIBIT DWELLING UNIT DAILY RENTALS OF LESS THAN SEVEN (7) DAYS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Ordinance. Mr. Kidd moved for adoption. Mr. Hoag seconded motion. Mr. Theriac advised that the proposed ordinance was a housekeeping item for clarification purposes. He explained that the zoning regulations currently have a proscription against rentals of lees than seven days in the definition section and adoption of this Ordinance would clarify that it is prohibited in all residential zones. Mr. Craig Wakefield, representing Royal Mansion Homeowners Association, addressed the City Council and requested postponement. Mr. Wakefield contented that the proposed ordinance was a change in zoning. Discussion followed. Mr. Randels noted it was his opinion the adoption of the ordinance should not be postponed since it had been discussed several times by both the Planning and Zoning Board and the City Council. CITY COUNCIL REGULAR MEETING OCTOBER 4, 1988 PAGE 1 OF 4 Discussion Continued. Mayor Lee explained that the City Council was bound by the desires of the citizens who had made it clear they do notwant commercialization along the beach. Mr. Lamar Russell, Chairman of the Planning and Zoning Board and the Local Planning Agency, reiterated that the citizens of the community do not want commercializatione beach Comprehensiveupon the lhearings his Plan. Mr. Craig Wakefield and Mr. Bill Hitson, of the Royal Mansions, requested postponement. Mr. Hitson contended they were not commercializing the beach and noted that "most of our rentals are seven days or longer". Mr.Jack Moline, from Cape Winds, spoke against the proposed noticed. c Mr. Theriac it a reiterates a dcthateit was fors clarinot fication purposes only. Mr. Russell pointed out that if the developers intent was to amend the current zoning regulation: the correct procedure would be to present the proposed amendment to the Planning and Zoning Board for consideration. Mr. Theriac further suggested that they educate the public to support their position. There being no further discussion, Mayor Lee requested that the question be called. Vote on the motion was unanimous. Ordinance No. 13-88 was adopted on Second Reading. 3. Ordinance No. 14-88 Amendin Zonin Re ulations Section 632.01 b Amend n t o De n 'I on o Dwe n Un t or L v ng Un t" (Second Read ng and Publ c Hearing) AN ORDINANCE AMENDING SECTION 632.01 OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMEND- ING THE DEFINITION OF "DWELLING UNIT OR LIVING UNIT"; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Maor Lece. Mr. Hoog moved for adoption a Mr. Randels seconded motionread the title of the . anvote on the motion was unanimous. NEW BUSINESS 1. Resolution No.' 88^OSBoard y' u:tment Mem er n Resolution No. 88-45 Reappo ntment o A RESOLUTION AMENDING RESOLUTION NO. 88-45, REAPPOINTING A MEMBER TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title Of the Resolution. Mr. Randels moved for adoption. Mr. Kidd seconded motion. Vote on the motion was unanimous. Mayor Lee explained that this Resolution reappointed ' Nellie Cardinale to the Board. 2. Resolution No. 88-53 Plat A roval Gizella Townhomes Phase III Un to Lot C. Tuetene Su v a on 8660-8666 N. Atlant c Ave) - W 1 am Benn x A RESOLUTION APPROVING THE PLAT OF "GIZELLA TOWNHOMES, PHASE III -7 AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT: PROVIDING AN EFFECTIVE DATE.' CITY COUNCIL REGULAR MEETING OCTOBER 4, 1988 PAGE 2 OF 4 Mayor Lee read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kidd seconded motion. Both Mr. Kidd and Mr. Hoag explained that they would have to abstain from voting because of having contracts to do work on the project. It was noted that because of their abstention the Resolution could not be adopted due to the fact only four members of the Council were present. It was further noted that this had occurred on other occasions. Mayor Lee requested the City Attorney obtain a written opinion from the Commission of Ethics on whether or not Mr. Kidd and Mr. Hoag need to abstain from voting on plat approvals of projects they will be working on. Mr. Randels moved to postpone this item until the next meeting. Mr. Hoag seconded motion. Motion carried unanimously. ' 3. Resolution No. 88754 Consentin to the Sale of Southland Com mun cat one Inc. Commun ca e) to Amer can Te ev a on and Communications corporation (Ca leV a on) pursuant to Franchise A RESOLUTION CONSENTING TO THE SALE OF SOUTHLAND COMMUNICATIONS, INC. TO AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION (ATC); PURSUANT TO THE CABLE TV FRANCHISE OF THE CITY OF CAPE CANAVERAL, FLORIDA) PROVIDING AN EFFECTIVE DATE. Mayor Lee read the title of the Resolution. Mr. Hoag moved for adoption. Mr. Kidd seconded motion. In response from questions by the City Council, Mr. Robert Bertram from Cablevision explained that they planned to expand the programming sometime in 1989. Discussion followed. Vote on the motion was unanimous. Resolution No. 88-54 was adopted. 4. Motion Re,war d of Bid No. 88-9 Pavingand Drainage Improvements, Columbia Dr ve Mr. Kidd moved to award the bid to the low bidder, Watson Paving, in the amount of $135,430.00. Mr. Hoag seconded motion. Motion carried unanimously. 5. Motion Re: Authorization to Bid 1985 Sewerage System Improvements, Phase II Mr. Kidd so moved. Mr. Hoog seconded motion. Vote on the motion was unanimous. Mr. Nichola! noted that the acquisition of the property necessary for the construction of Lift Station No. 3 would not hold up the project. Discussion followed on the poor condition of the drainage canal which runs adjacent to the sewer line that will be revamped. 6. Motion Re: Ratification of Labor A reement with the Internet ons Un ono O stat n En peers Loca 673 (AFL-CIO) and Authorization for Mayor and city Manager to Execute sa Agreement ' Mr. Hoag moved to ratify the contract. Mr. Kidd seconded motion. Attorney Joe Moss, who represented the City in the union negotiations, requested Council ratify the agreement which included the items that were mandated by the City Council. Mr. Moss noted that Mr. Elmer Savor, the union representative, requested that the word "talk" in Section 4.4 be changed to the words "to discuss union business". , Mr. Savor noted that it was his opinion that Section 15.2 was not written as Council mandated. It was his contention that it should read ..5 calendar days, 40 hours." Discussion followed. It was the consensus of the Council that the contract was accurately written to reflect their mandate. CITY COUNCIL REGULAR MEETING OCTOBER 4, 1988 PAGE 3 OF 4 he l on ome e issues thats were previously tmandated. tMr. Cmoss i noted s that the h theCouncil followed the procedures set forth in Florida Statutes and recommended they not discuss the issues further. Mr. Ottis Manley, a City employee and a member of the bargaining unit, stated that it was his opinion the city workers would not sign the contract. Mr. Nicholas advised that he had scheduled a meeting for Friday, October 7th at 3:00 p.m. to have Mr. Moss meet with the members of the bargaining unit to clarify the contract. Mr. Nicholas extented an invitation to this meeting to Mr. Savor. Vote on the motion. to ratify the contract was unanimous. 7. De ut City it Manager's Report onEmer enc Re airs to Lift Stat on No. 3 Mrs. Lesser recapped her written report, a copy of which is attached to these minutes and made a part hereof by reference. DISCUSSION Maor Lee, Mr. Randels, Mr. theNicholas a ir trip to the Sister City, G idonia,Italynd g Brittain reported on Mr. Kidd introduced Mrs. Laurie Lewis, an applicant to serve on the Planning and Zoning Board. There being no further business, the meeting was adjourned at 9.17 P.M. Approved this18th day of October r 1988` V Mayor ty Clerk CITY COUNCIL REGULAR MEETING OCTOBER 4, 1988 'PAGE 4 OF 4 City of Cape Canaveral 105 ROLA AVENUE • P.0. 80%325 CAVE CANAVERAL. "ORIDA 32520 TELEPHONE 305 ]531 100 402 AREA CODE CHANGE EVVECTIVE 5118185 Y October 4, 1988 M E M OR N D U M TOz Mayor and City Council FROM: Jan Lesser Deputy City Manager REt REPORT ON EMERGENCY REPAIRS TO LIFT STATION NO. 3 Late Sunday Night, September 25, 1988, while doing routine maintenance on Lift Station No. 3, the gate valve malfunctioned and the lift station flooded. Cape Marine Services was called to the scene and thtoWstop therflowBintotheant liftmstation.loyees atSeveral, unsuccessfully, P septic tank cleaning companies were called on the scene to haul the sewerage from the lift station to the sewer plant., Some spillage into the adjacent canal occurred. First thing Monday morning we contacted the Department of Environmental Regulations (DER)and the City's Consulting Engineers, Briley, Wild and Associates. Cape Marine Services remained on site and the septic tank cleaning services continued to haul the sewerage. Tuesday morning we borrowed a four inch centrifugal pump from Brevard County and succeeded in clearing out the accumulated sewerage from the lift station and wet well. Upon advice from hthe ad ao7of t,000 contactedny at, who tank companies were unable to keep up with the flow). Mayor and City Council October 4, 1988 Page 2 with the City Engineers and the contractor Tuesday morning we mat they recommended to do the emergency repairs, 0. X. Mock and on Sons, Inc. (who1ero�ithelecenalandhe lift c mpletedathentemporary ursday morning they A large diesel pump has been rented to pump repairs that day. the sewerage out of the wet. well and through the lift station, n effect by-passing the lift station. A fence has been installed aroundsthe tatione they cannotebehcloBed completely. and the wet wwelare looking into the feasibility of repairing the lift station. At this time, we cannot give you a total dollar amount of the emergency repairs that were authorized but we can tell you they willMock ands severl Sonsa forhousand appr approximately 00 Mock di Cape or oMarine sts to 0' R. Services for approximately $6,000.00. Pursuant to the City Charter, Article XVII, Section 10 (Regular this report needs to be incorporated into the minutes of the Reg Council Meeting of October 4th. net S. Lesser eputy City Manager JSL/at • t ;E 8 _ FORM 8B MEMORANDUM OF VOTIN CONFLICT FOR COUNTY, MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-I IRST NAME-MIDDLE NAME NAME OF BOA COUNCIL,COMMISSION, AUTHORITY,Ott COMMITTEE \/-%-k/ - - MAILING ADDRESSTHE BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE ON , /WHICH I SERVE IS A UNIT OF: 20 </ ('�(C:ITY COUNTY OTHER LOCAL AGENCY CITY COUNTY NAME OF POI ICAI.SUBDIVISION: C6Jv/L/' 2 7 DATE ON \V'HICH VOTE OCCURRED MY POSITION IS: /6 - (/ ELECTIVE APPOINrIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE I (1 F(�R\I Kli 111-R6 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the rota occurs with the Person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST , hereby disclose that on _ �/O�y , 19_: (a) A measure carne or will conic before my agency which (check one) 2L Inured to my special private gain; or — Inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my Interest In the measure is as follows: r r j�,/ "�/ ��� /Z� ca „G"t-71 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 4112.311 (1965), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. I L I Ov'I In - la /A PAOL FORM 86 MEM -01 COUNTY, MUNICIPAL LAST N/A/ML-11X51 1-1-11111011 ASIL MAILII.I; AUURLSS an WI L OM1 N'lll[ 11 YOIk Ol/S"(UMfRIU WDUM OF VOTING CONFLICT FOR AND OTHER LOCAL PUBLIC OFFICERS NAML OF wmitI COUNCIL.COMMISSION, AUr110RITY. OR CONINun1 WHICH I SLRS'L IS A UNIT OF: .,('III . i ('OUN11 - I MILK IIX'A/ AGENCY WHO MUST FILE FORM 88 "'ELL('livE 11 APP(114TIVE This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3147, Florida Statutes. The requirements or this law arc mandatory; although the use or this particular form is not requited by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whctimr you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and riling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also Is prohibited from knowingly voting on a measure which Inures to the special gain of a principal (other than a government agency) by x'hom Ise is retained. In either case, )Do should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on Nhich you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes or the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he Is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of Interest, but must disclose the nature or the conflict before making any attempt to Influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration or the matter in which you have a conflict of interest. PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vole occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, �iri� $� /�ld•S , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or Inured to the special gain of , by whom I am retained. (b) The measure before my agency and the stature of my Interest In the measure is as follows: r, P,14,- ,o�P�d�� i d/ 4 kot'oVie,f- -I e., —j -G: i4,00q ELCeT, Cu. Date Filed ; NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.017 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGr !