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HomeMy WebLinkAboutMinutes 01-03-1989 Workshop and Regular CITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING JANUARY 3, 1989 A Combined Workshop and Regular Meeting of the City Council of the City of Cape Canaveral, Florida, was held on January 3, 1989 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral , Florida . The meeting was called to order at 7 : 30 P.M . by Mayor Joy Salamone . Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone, Mayor Pro Tem Robert Hoog, Council Members Jeff Kidd, Steve Miller and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac and City Clerk, Jan Leeser. Mr . Randels moved to forego the reading of the minutes of the Com- r.. bined Workshop and Regular Meeting of December 15 , 1988 . Mr . Kidd seconded motion . Mr . Hoog requested the minutes be corrected to indicate that he made the motion for the add-on item. Vote on the motion was unanimous. The minutes, as corrected, were approved. UNFINISHED BUSINESS 1. Ordinance No. 19-88 Amending the Zoning Regulations by Estab- lishing Planned Unit Development Regulations (First Reading and Public Hearing; Postponed 12-6-88 ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY , FLORIDA; ESTABLISHING PLANNED UNIT DEVELOPMENT REGULATIONS AS SECTION 640 OF THE ZONING CODE ; ESTABLISHING RULES AND REG- ULATIONS ; PROVIDING GUIDELINES ; PROVIDING FOR SEVERABILITY ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr . Hoog moved to approve first reading . Mr . Kidd seconded motion . The Mayor re- stated the motion . City Attorney Theriac advised that the proposed PUD ordinance would allow for flexibility in development and would allow for a combination of residential and commerical uses . He further noted that adoption of the proposed ordinance could open the door to serious legal challenges from developers. Discussion was held on where the Planned Unit Developments would be allowed and if adoption of the proposed ordinance would allow commer- cialization of the beachfront . Mr . Lamar Russell, Chairman of the Planning and Zoning Board and the Local Planning Agency, addressed the Council. He explained the correlation between the proposed ordi- nance and the recently adopted comprehensive plan and noted that the areas where Planned Unit Developments would be allowed would have to be defined on the Land Use Map, which is a part of the comprehensive plan. Mr . Russell Lloyd, Chairman of the Zoning Board of Adjustment, asked the Council to re-examine the purpose of the proposed ordinance and recommended that it be sent back to the Planning and Zoning Board New for additional work. Discussion followed. Mr . Brad Smith of Ross of Brevard , representing Treasure Island Club, gave a brief history of the proposed PUD ordinance and ex- plained that it had come about because of their request to the Planning and Zoning Board to develop Treasure Island on the north side of the canal into a project which would allow daily rentals. He expounded on the advantages of the proposed ordinance. Mr . Randels noted he had some concerns with the proposed ordinance the way it was written , one concern being that it put the City Council in the position of negotiating with developers. Discussion CITY COUNCIL COMBINED WORKSHOP/REGULAR MEETING JANUARY 3, 1989 PAGE 1 OF 4 continued with several citizens, including Ms. Helen Filkins, Mrs. Marlene Woodside, Mr. George Hutchinson, Mr . Bruce Collins and Mr . Craig Van Cott, speaking against the proposed ordinance. One of the main objections brought out by the public was the mixing of commercial and residential uses allowed in the proposed PUD regulations. Mayor Salamone voiced the opinion that the intent of the Ordinance was not clear . Mr . Kidd and Mr . Hoog spoke in favor of the ordinance. Vote on the motion to approve first reading of Ordinance No. 19-88 was as follows : In favor, Mr . Hoog and Mr . Kidd ; Opposed , Mr . fir Miller, Mr. Randels and Mayor Salamone. Motion failed. Discussion was held on sending the proposed ordinance back to the Planning and Zoning Board. Mr . Hoog moved to add the following item to the agenda . Mr . Kidd seconded motion. Vote on the motion was unanimous. Add-on Item: Motion Re : Sending Ordinance No. 19-88 back to the Planning and Zoning Board for Fine Tuning Mr . Hoog so moved. Mr . Miller seconded motion. The Mayor restated the motion. Mr. Russell Lloyd voiced the opinion that the Council should give more direction to the Planning and Zoning Board than "fine tuning. " Mr . Nicholas noted that the Chairman of the Board was in attendance and could bring Council ' s concerns back to the Board. He further suggested that the Council Members attend the Planning and Zoning Board meeting. Vote on the motion was unan- imous. 2. Ordinance No . 20-88 Amending the Zoning Regulations by Re- numbering Certain Sections ( First Reading and Public Hearing; Posted 12-6-88 ) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RENUMBERING CERTAIN SECTIONS OF THE ZONING CODE ; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to table Ordinance No. 20-88 . Mr . Kidd seconded motion. Motion carried unanimously. NEW BUSINESS 1. Resolution No. 89-1 Appointment of Regular Member to the Library Board A RESOLUTION APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. The Mayor read the title of the Resolution. Mr. Randels moved for adoption. Mr. Miller seconded motion. Vote on the motion was unan- imous . Mrs . Patricia Stenglein was appointed to the Library Board as a regular member. 2. Motion Re: Award of Bid, 1985 Sewerage System Improvements , Phase II Mr . Nicholas explained that the low bidder on the project, Speegle Construction Company, had made an error in their calculations and had requested their bid be withdrawn. He further noted that the City' s Consulting Engineers, Briley, Wild and Associates , had recom- mended that the bid be awarded to the second low bidder, O. K. Mock and Sons. Discussion followed. CITY COUNCIL COMBINED WORKSHOP/REGULAR MEETING JANUARY 3, 1989 PAGE 2 OF 4 Mr . Kidd moved to award the bid to 0. K. Mock and Sons in the amount of $590,040.00. Mr. Miller seconded motion . Motion carried unan- imously. 3. Motion Re: Consulting Services During Construction of Phase II Work Mr . Nicholas advised that the City had two options regarding the inspection services by Briley, Wild and Associates : Option 1 would be a weekly inspection during construction at a cost of $9,150. 00 and Option 2 would be an on-site resident inspector at a cost of $13, 750. 00. Discussion followed. Mr . Randels moved to authorize Option 1 at a cost of $9,150. 00 Mr. Miller seconded motion. Motion carried unanimously. 4 . Motion Re: Contract to Sell Aerial Fire Truck Mayor Salamone noted that a Resolution was necessary for this item and read the title of Resolution No. 89-2 as follows: A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CANAVERAL PORT AUTHORITY FOR SALE OF ONE-HALF INTEREST IN 1986 FIRE TRUCK ; PROVIDING AN EFFECTIVE DATE. Mr . Miller moved for adoption . Mr . Kidd seconded motion. It was explained that the contract called for selling one-half interest in the 1986 aerial fire truck to the Canaveral Port Authority for $150 , 000 . 00 . Discussion followed on housing of the truck . Mr . Theriac advised that the following Section should be added to the agreement: The fire truck shall be housed in the City of Cape Canaveral. Vote on the motion was unanimous. Resolution No. 89-2 was adopted. 5. Discussion Re: Voluntary Drug Testing Mr . Kidd explained that he had suggested voluntary drug testing for the Council Members because it was his opinion the City would set a precedence in this matter . He noted that he had been tested. Mr. Hoog explained that he had also taken the drug test. Mr . Theriac advised that there would be no legal problem with the testing as long as it was strictly voluntary; that the Council could not vote to have the members tested. Mayor Salamone voiced the opinion that voluntary drug testing of the City Council members would not help to solve the national drug problem. Discussion followed. No action was taken on this item. DISCUSSION Mr. Nicholas reported the following: 1. The Fire Rating Classification had been reduced to a Class 5. 2. Brevard County had requested the money ( $3 , 994 . 00) previously authorized by Council for the Sand Source Study. 3. A meeting with the Department of Community Affairs had been scheduled for January 26 , 1989 to work out the differences on the Comprehensive Plan . Mr . Nicholas , along with Mr. Theriac and Planner , John Schock , will attend the meeting in Tallahassee. CITY COUNCIL COMBINED WORKSHOP/REGULAR MEETING JANUARY 3, 1989 PAGE 3 OF 4 4 . The NAACP had contacted the City regarding observing the Martin Luther King Holiday. It was suggested this be discussed at the next budget cycle. 5. A Food Lion Store representative had been contacted regarding locating in the City. 6. The audit report would be on the next workshop agenda and the auditors would be present to answer questions. Discussion was held on commercial fishing in the canal. Mr. Theriac advised that the Marine Patrol stated they could not enforce the City ordinance without a special act of the legislature. He noted he would look into what would be required to enact such a law and suggested in the meantime that citizens call the sheriff for enforcement of the ordinance. Mayor Salamone advised that she had initiated a project to ship oranges from Brevard County to the community of Lockerbie, Scotland, the site of the recent Pan Am plane crash. She noted that she had asked the other Brevard municipalities to join in the effort . Dis- cussion followed. Ms. Connie McKone, a resident of Chandler Street , presented a petition requesting additional street lighting on that street. Mrs. Beatrice Miller noted the dune crossover at Jackson Avenue was in need of repairs. There being no further business, the meeting was adjourned at 10: 32 P.M. Approved this 17th day of January , 1989. 4110 , M J�o7d/ 41./4-6(,,/ ayLay,„." ,Clerk CITY COUNCIL COMBINED WORKSHOP/REGULAR MEETING JANUARY 3, 1989 PAGE 4 OF 4