Loading...
HomeMy WebLinkAboutMinutes 12-18-1990 CITY COUNCIL REGULAR MEETING DECEMBER 18, 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on December 18, 1990, 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 Deputy City Clerk. Officials present were Mayor Joy Salamone; Mayor Pro Tem, John Porter; Council Members Andy Kedzierski , Rocky Randels and Ann Thurm. Also present were City Manager, Edward Spenik; City Attorney, Jim Theriac; and Deputy City Clerk, Angel Taylor. Mr. Randels moved to approve the minutes of the Regular Meeting of December 4, 1990. Mrs . Thurm seconded motion. Motion carried unanimously. Mayor Salamone and Mayor Pro Tem John Porter presented an engraved pen set to Mr. George H. Firkins, Jr. in appreciation for his help and support of the City. Mayor Salamone noted that Mr . John Rutte, prospective board member, was not in attendance for the scheduled interview. UNFINISHED BUSINESS 1 . Ordinance No. 31-90 Amending Chapter 660, Land Development Code to include Chapter 668, Floodplain Protection and Chapter 671, Sewer Service (Second Reading and Public Hearing AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 660, LAND DEVELOPMENT CODE, OF THE CODE OF ORDINANCES TO INCLUDE CHAPTER 668, FLOODPLAIN PROTECTION AND CHAPTER 671, SEWER SERVICE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mrs. Thurm seconded the motion. Discussion followed. Vote on the motion was unanimous . Ordinance No. 31-90 was adopted on Second Reading. 2. Motion Re: Contingencies of Briley, Wild & Associates Proposal to Conduct Preliminary Report on Expansion of Treatment Plant and Reuse Master Plan Mr. Kedzierski so moved. Mr. Porter seconded the motion. It was pointed out the cost of the proposal would be $29, 500.00. Mr. Randels and Mr. Kedzierski spoke in favor of the motion. Discussion followed. Vote on the motion was unanimous . NEW BUSINESS 1 . Ordinance No. 32-90 Amending Chapter 611, Building Code, to Include 1990 Revisions to Standard Building Code (First Reading and Public Hearing) City Council Regular Meeting December 18, 1990 Page 1 of 4 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 611, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ADOPTING THE LATEST REVISIONS OF THE STANDARD 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 for approval of First Reading. Mrs . Thurm seconded the motion. Motion carried unanimously. 2. Ordinance No. 33-90 Amending Chapter 653, Sign Code, Regarding Political Sign Regulations (First Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 653, SIGN CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; BY AMENDING THE POLITICAL SIGN REGULA- TIONS; 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. Porter moved for approval of First Reading. Mr. Randels seconded motion. Mr. Kedzierski presented a proposed amendment to the Ordinance. After discussion, it was the consensus of Council not to amend the Ordinance. Vote on the motion was unanimous . Ordinance No. 33-90 was approved on First Reading. 3 . Resolution No. 90-69 Appointing Member to the Recreation Board Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Motion seconded by Mr. Kedzierski . Vote on the motion was unanimous . Mrs. Pat Bender was appointed as an alternate member to the Recreation Board with a term to expire on October 1, 1992 . 4. Resolution No. 90-70 Appointing Members to the Planning and Zoning Board Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption with the names of Wayne Washburn inserted in Section 1; Cecil Everett inserted in Section 2 and Luis Lorie inserted in Section 3 . Motion seconded by Mr. Kedzierski . Discussion followed. Mr. Porter moved to amend the motion by deleting Section 3 in its entirety. . Thurm seconded the motion. Vote on the motion was unanimous. Vote on the main motion, as amended, was unanimous . Resolution No. 90-70 was adopted, appointing Mr. Wayne Washburn as a Regular Member and appointing Mr. Cecil Everett to First Alter- nate Member, with terms to expire on September 15, 1992. 5. Motion Re: Settlement of Lawsuit with Rich' s Restaurant Mr. Mark Peters, representing Jeff and Sandra Rich, was in atten- dance and addressed Council. Mayor Salamone voiced concern with Item No. 9 of the proposed stipulation agreement, regarding the monies being offered being encumbered. Mr. Peters stated his client was willing to delete that item in its entirety. City Council Regular Meeting December 18, 1990 Page 2 of 4 Mr. Porter stated that it was his understanding that Mr. Rich had originally agreed to pay the $12, 000.00 but had requested to make payments on installments, which the City refused. Noting that both the City and Mr. Rich had incurred legal fees, he suggested Mr . Rich pay the City $4,000.00. Discussion followed. Mr. Peters informed Council that in the interest of getting the case settled, Mr. Rich would make payments for the next four months in the amount of $1, 000.00 for a total amount of $4, 000.00, and that this was Mr. Rich ' s final offer. Mr. Kedzierski moved to accept the settlement as offered. Mayor Salamone seconded the motion. Mr. Kedzierski and Mr. Porter spoke in favor of the motion. Mrs . Thurm and Mr . Randels spoke against accepting the settlement . Discussion continued. At this point Mayor Salamone called for a five-minute recess. The meeting reconvened at 8:55 P.M. Mayor Salamone stated there was a motion on the floor to accept the stipulation, with Item 9 being deleted and changing $2, 000.00 to $4, 000.00 in Item 8, with the first payment of $1, 000.00 being made on the 15th of January 1991, and a payment of $1, 000.00 each month thereafter, until the entire $4, 000.00 is paid. Mr. George Hutchinson addressed Council supporting a settlement . Mr. Leo Nicholas spoke against the City accepting the proposed settlement . Discussion followed. Vote on the motion was as follows: In favor, Mr. Kedzierski, Mr. Porter and Mayor Salamone; against, Mr. Randels and Mrs. Thurm. Motion carried. Mr. Porter requested the record reflect that his decision was based on economic reasons; he did not believe the impact fees were wrong; he did not appreciate the way a business had been treated by the City; and, that it was his opinion that it was in the best interest of the City to settle at this time. Mayor Salamone read Item 3 of the Stipulation into the record as follows: "That the parties acknowledge that for the purposes of this settlement agreement, City of Cape Canaveral Ordinance, Chapter 535, titled "Sewer Impact Assess- ment" is stipulated to be valid both in its application to the petitioners ' business known as Rich ' s Restaurant and on its face and, by settlement of this action, the parties hereby agree not to contest the validity or constitutionality of the impact assessment" . 6. Discussion Re: Procedures Regarding Lawsuits Mr. Theriac explained the reason the item was on the agenda was so both he and Council could stay within the guidelines of the Sunshine Law and to strengthen communications between himself and Council . Discussion followed. 7. Discussion Re: Men' s Clubs Mrs. Thurm requested that the City Attorney explain the Code Enforcement activities in regard to the Men' s Clubs within the City. Mr. Theriac explained there was an Ordinance on the books regarding Adult Entertainment and that complaints had been made to the City' s Code Enforcement Officer. Mayor Salamone reported City Council Regular Meeting December 18, 1990 Page 3 of 4 that she had received several calls pertaining to the two Men' s Clubs in the City. Discussion followed. It was consensus of Council to pursue litigation if necessary. 8. Evaluation of City Manger Mayor Salamone stated that the individual evaluations of Mr. Spenik ranged from "very good" to "exceptional" and that Mr. Spenik would receive the agreed upon increase in salary. 9. City Manager ' s Report Mr. Spenik reported on the following: - The proposed Sewage Treatment Ordinance which will be discussed at the January 10th Workshop Meeting. - Bids for the Washington Avenue Beautification project will be opened on January 16, 1991 . - Termites were discovered in the northeast corner of the City Hall building and had been treated. - Council would be receiving departmental reports once a month. DISCUSSION Mr. Randels commended City Employees for their United Way Campaign donations and reported on the League of Cities Christmas Dinner. Mrs. Thurm inquired about the status of the Zella Lawsuit . Mr. Theriac reported there should be a hearing in January. Mr. Porter reminded Council of the City' s Christmas Luncheon on Friday, December 21st at 12 :00 P.M. There being no further business the meeting was adjourned at 9:45 P.M. as amended Approved /this 3rd day of January , 1991. Joy C. Salamone Mayor Janet S. Lesser City Clerk SEAL OF CAPE CANAVERAL, FLORIDA City Council Regular Meeting December 18, 1990 Page 4 of 4