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HomeMy WebLinkAboutMinutes 07-19-1994 WorkshopCITY COUNCIL COMBINED WORKSHOP AND REGULAR MEETING July 19, 1994 A Combined workshop and Regular Meeting of the Cape Canaveral City Council was held on July 19, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Pro Tem Porter. ROLL CALL: Mayor toy Salamone Absent Mayor Pro Tem John Porter Present Councilmember Arthur Berger Present Councilmember Leo Nicholas Present Councilmember Rocky Randels Present City Manager Bennett Boucher Present City Attorney John Kancilia Present City Clerk Faith Miller Present Motion by Mr. Nicholas, seconded by Mr. Randels for an add -on item to the agenda. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion by Mr. Nicholas, seconded by Mr. Porter that the add -on item be entitled discussion re: movement of cement trucks through Harbor Heights for construction. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mr. Boucher advised that Benko Construction, contractor for the Ocean oaks project, had requested a temporary limited access through Harbor Heights for delivery of cement trucks to finish pourings for the entranceways to the project. He had received a letter from Benko Construction outlining the conditions of the request which included a guarantee of safety, cleaning up after the cement trucks, and making any repairs to the roadway if needed after completion of the cement pourings. He introduced Mr. vary Downing as the Ocean Oaks' Project Superintendent. Mr. Downing stated that the project was nearing completion and the crews were completing the site work (pouring concrete driveways, curbs, etc.). He explained that the main access to the site would be cut off in order to place the necessary concrete and that such construction had always been included within the project's scope. He stated that every attempt would be made to reroute the traffic and that there may be three (3) concrete pours on a large scale on 2 -3 days. He reiterated that Benko Construction was willing to do anything necessary to ensure the safety of the residents as well as maintaining the conditions of the road. Mr. Randels expressed his concerns regarding the possibility of damage to the roadways, safety related problems, extra traffic, and general annoyance to the neighborhood. He stated that at a minimum he wanted to have the subject streets videotaped prior to and after any construction traffic through Harbor Heights to determine the current roadway conditions and the extent of any damage afterwards. He questioned if the trucks could be routed in from Central Avenue; Mr. Downing explained that there was a point at which there would be no alternative but to bring the trucks in from the north to pour concrete for the main drives. Mr. Downing stated that his company intended to replace any shrubbery or roadway damaged during the transport of the concrete. City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 2 Mr. Nicholas advised that he found it hard to believe that the project could not have been planned differently to eliminate the need for the northern access. He further expounded on his reasons for not supporting the use of Harbor Heights streets for the requested construction traffic. Mr. Boucher described the layout of the subject property and the proposed construction traffic route. Mr. Morgan stated that in his research he had been unable to locate anything in the City's Code or the technical codes that would limit or prevent temporary construction access for a construction site. He stated that there was an ordinance on the books that reiterated the requirement that the developer fix any damage incurred to City roads caused by the construction traffic. He commented that ocean woods was a private right -of -way, whereas Harbor Heights roadways were public right -of -ways. He advised that a courtesy letter advising the residents of the construction traffic had been sent to all residents of the area. There was further discussion regarding other possibilities for achieving the construction access required without traversing through Harbor Heights. The following residents of the Harbor Heights area expressed their concerns against allowing the construction traffic through their subdivision; Mr. Goldberg, Sue Hagan, and Fred Distashio. Mr. Hans Saurenmann suggested using an alternative route near the post office off of Eberwein Road. Mr. Ray McGee stated that the roadways within Harbor Heights were built prior to the existence of the City and that potentially the roads could not handle a project of this magnitude with potential truck loads of 75,000 lbs. Mrs. Martha Seymour commented that the trucks that had been traversing Central Boulevard for the sand transfer project and the subject construction project were traveling in excess of the posted speed limits. Mr. Randels suggested scheduling a meeting with several of the concerned citizens, the construction manager and City staff to review the situation further. He also encouraged the Building official to research additional solutions. Mr. Lamar Russell questioned if there was any intent on behalf of the City to extend Ridgewood Boulevard. He commented on the Villages of Seaport and ocean woods' projects and the private ownership of the roads within both developments. He stated that there were several problems related to Harbor Drive including no sidewalks and safety concerns from traffic from the Circle K and the Mexican cafe across from the entrance to Harbor Heights. Mr. Russell recommended that the Council request that the Planning & Zoning Board include in the traffic element of the City's Comprehensive Plan to extend Ridgewood only when it could be extended the full length all the way to Jetty Park, and not allow extensions on a piece meal basis. Mr. Leonard Focarelli stated that the Ridgewood Avenue extension was in the capital funding portion of the adopted 1988 Comprehensive Plan. He questioned whether or not there was any possibility of pumping or craning the concrete into the Ocean oaks site. Mr. Downing explained the limits placed on such means of transporting the concrete. Mr. Nicholas expressed his opinion that possibly the project was designed inaccurately to have created such problems with construction access. Mr. Porter expressed his wish that the City had identified this potential problem at an earlier date and he advocated the need to look for other solutions to the immediate problem. Mr. Downing suggested that the City meet with Mr. Jack Bennett, Project Manager, who had designed the project. Mr. Randels volunteered to meet with City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 3 he citizens City staff and Mr. Bennett to ascertain an alternative means of access to the t � Y construction site. Mr. Boucher expressed his concerns regarding the possibility of removing oak s to gain access to the prop which would in turn potentially alienate the ocean Woods tree g p P Y homeowners. g There was discussion regarding whether or not the City had jurisdiction over the subject e g roadways. Mr. Nicholas stated that he wanted the City to pursue doing whatever was necessary to stop the truck traffic through Harbor Heights. Discussion followed concerning the possible need for an emergency ordinance to eliminate truck traffic on residential streets within the City. g Y Mr. Porter stated that the City needed to research an alternative way into the property without going g g oin through Harbor Heights and without destroying trees. He suggested that staff, Mr. Randels and concerned citizens meet with Mr. Bennett to seep an agreeable solution within the next week. Council concurred to schedule the matter for further discussion at the next Council workshop meeting. After a ten- minute break, the meeting was reconvened. NEW BU S INES S : 4. Discussion Re: The unfinished buildin s in the 200 Block of East Central Boulevard. Mr. Randels explained that he had requested that this item be placed on the agenda for p discussion. He stated that he did live on the same street as the buildings in question. He advised that Dr. Pindziak had assured him that work was continuing on the buildings in question and the buildings would be completed as Dr. Pindziak could get to them. Mr. Randels stated that he had received numerous complaints regarding the subject unfinished buildings. He referenced ordinances from two (2) other cities which addressed unfinished buildings. Dr. Charles Pindziak stated that he was the only owner with ongoing construction at 200 Central Boulevard and he felt that the matter was a personal issue on the part of Mr. Randels. He explained that he had invested in the subject properties and had continued work at all times on the ro erties. Dr. Pindziak commented that Mr. Randels main concern appeared to be the P P p ainting of 285 & 295 Central Boulevard. He advised that the buildings were stuccoed in gray with water sealer; if the buildings were painted gray, they would resemble the stucco appearance. Dr. Pindziak did not feel that he had broken any City ordinances. Mrs. Martha Seymour commented that the buildings had been uncompleted for at least seven (7) years. Mr. Porter stated that different complaints regarding the buildings had been expressed to him several times as well. Dr. Pindziak remarked against excessive government intervention. Mr. Saurenmann questioned why Council did not write a new ordinance to address unfinished buildings and to allow builders a set time to complete the buildings. Ms. Vicki Fischer, Central Blvd., q uestioned y uestioned wh the City continued to grant permits for multiple building slprojects that were not finished. Ms. Carol Wells, Central Blvd., stated that she had observed one slab for a driveway po ured, six months later another slab was poured, and so on. She commented that City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 4 the construction was progressing at a very slow pace. Dr. Pindziak stated that he wanted to supervise all of the work himself and he was limited by other demands on his time. Mrs. Seymour explained that she was concerned with beautification needs throughout the City and that it bothered her that one project was not finished prior to starting another project. She encouraged the City to do something about unfinished buildings. Mr. Dick Benson, Central Blvd., spoke against the unfinished buildings and the potential for devaluation of surrounding properties and he also encouraged Council to enact legislation to allow one (1) year for completion of construction. Mr. Porter questioned if there was a tax advantage to unimproved property vs. improved /constructed property. Mr. Kancilia explained some of the tax issues involved. Mr. Porter expressed his personal feeling that the properties were unsightly. Mr. Berger stated that it was not only a question of finishing projects, but a question of aesthetics /cosmetics and that maybe the City was not taking the right approach to the matter. He stated that if the properties in question had sidewalks installed, trees planted, walls painted, etc. , the surrounding residents would not be concerned with whether or not the construction was finished on the inside. Mr. Nicholas suggested scheduling the item for further discussion at the next workshop meeting. There was further discussion regarding unfinished buildings and aesthetics/cosmetics issues of the subject property. Ms. Vicki Fisher stated that when her home was under construction there were some delays and several times City staffinembers questioned her regarding when the home would be completed. Mrs. Martha Seymour commented on another location next to the Straw Hat Club which only contained a concrete slab and fence. Mr. Porter stated that there were two (2) ways to look at the problem, from a cosmetic standpoint through Code Enforcement or the Beautification Board or a possible ordinance to place time limits on the completion of new construction. Council concurred to schedule the matter for further discussion at the next workshop meeting. ADOPTION OF MINUTES: 1. Regular CI t Council Meeting of July 5 1994. Motion by Mr. Randels, seconded by Mr. Nicholas to approve the minutes of the Regular City Council Meeting of July 5, 1994, as presented. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS 1. Ho man Dobson & Company - Audit services for FY 94195. Mr. Tom Dirk, Audit Director for Hoyman, Dobson & Company, stated that Council had City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1394 Page 5 received en copies of the audit engagement letter for the audit services for the September 30, 1994, p g financial statements. Mr. Randels commented regarding the audit process. He stated that Ho y man, Dobson fees were based on actual time spent and the proposed audit fees were not to exceed $21,000 for the audit and $3,000 for the CAFR. He briefly described items included within the financial audits. He referenced the annual audit fees paid by other cities within the Count y - west Melbourne - $32,900 and Satellite Beach - $ Council concurred to schedule an item on the next Council workshop meeting to determine if Ho man a Dobson were to remain as the City's auditors. Mr. Nicholas stated that he wanted the Hoy man, City to go out for bids for all outside services. PUBLIC HEARINGS 1. Ordinance No. 21 -94 Amending City's Code of Ordinances Creatiniz Section 3 8-3 Fire Ins ectors designated as Cit Code Enforcement Inspectors to enforce Fire Safety Codes for second and final readin . Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING SECTION 35 -3, FIRE INSPECTORS DESIGNATED AS CITY CORE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES, DESIGNATING CITY FIRE INSPECTORS AS CORE ENFORCEMENT INSPECTORS TO ENFORCE FIRE SAFETY CODES FOR THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 21 -94 at second and final reading. Motion carried with members Voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randel s, For. 2. Ordinance No. 23 -94 Amendina Cit 's Code of Ordinances . Chapter 2 Administration bv establishina a Code Enforcement Board pursuant to Cha ter 162 Florida Statutes far second and final reading_ Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE VI, CODE ENFORCEMENT OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ESTABLISHING A CODE ENFORCEMENT BOARD PURSUANT TO CHAPTER 162, FLORIDA STATUTES; ESTABLISHING MEMBERSHIP OF THE CODE ENFORCEMENT BOARD; PROVIDING DUTIES OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR PROSECUTIONS OF VIOLATIONS WITH NO CRIMINAL PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF City of Cape Canaveral, Florida Combined Workshop & Regular Meeting July 19, 1994 Page 6 CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 23 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, Far; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 3. Ordinance No. 24 -94 Amendin City's Code of Ordinances Article III Service lutes De osits and Billing Procedures f Chapter 78 Utilities far second and final readin . Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SERVICE RATES DEPOSITS AND BILLING PROCEDURES. OF CHAPTER. 78, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BY ADDING TO SECTION 78 -151 TO PROVIDE FOR PAYMENT OF DEPOSIT, TERMINATION OF SERVICES AND REFUND OF UTILITY DEPOSIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Nicholas to adopt Ordinance No. 24 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, Far. 4. Ordinance No 28 -94 Amending City's Code of Ordinances, to provide for the preservation of trees with a diameter at breast height (dbh) of over three (3 ) inches, for second and final readine. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 100 --567 (6), INTERIOR LANDSCAPING FOR OFF - STREET PARKING AREAS, AND SECTION 34 -122, PUBLIC NUISANCE PROHIBITED AND SECTION 102-36, DEFINITIONS AND SECTION 102 -39, PENALTIES AND SECTION 102 --41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Ordinance No. 28 -94 at second and final reading. Motion carried with members voting as follows: Mayor Pro Tem Porter, Far; City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 7 Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. NEW BUSINE 1. Discussion & Motion Re: Resolution No. 94 -24 Establishin _ pa new schedule of rates for garbage and trash collection within the Cit . Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE BATE. Motion b Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -24. Mr. Randels y s spoke in favor of the Resolution. He stated that the proposed increase only applied to commercial accounts. Mr. Porter stated that items of concern had been addressed within the past month, but that he hoped to see the same dedication and quality services from western Waste throughout the year rather than only at contract time. Mr. Nicholas stated that he was still concerned regarding the deodorization of the dumpsters. Mr. George Gilchrist, Western Waste, stated that the company had recently purchased a new commercial truck which would be used to deodorize each container upon pickup. Mr. Porter directed staff to monitor contract compliance throughout the year. Mr. Nicholas, seconded by Mr. Porter to amend the motion to provide for an effective date of August 1, 1994, in Section 3 of the resolution. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 2. Discussion Re: Le al services contract. Mr. Boucher stated that John Kancilia had left the firm of Reinman, Harrell, Graham, Mitchell & Wattwood and the firm had indicated that as part of their continuing contract with the City they wished to leave matters status quo with Mr. Kancilia fulfilling the services of City Attorney for the remainder of the contract. Mr. Randels commented on the intent of Mr. Gougelman's letter on behalf of the firm. Mr. Kancilia stated that he hoped to continue as the City Attorney. He stated that he had spoken with Mr. Reinman and Mr. Gougelman and that it was the intention of Reinman, Harrell to continue the contractual commitment through the expiration of the present contract which expires on September 30, 1994. Reinman, Harrell and Mr. Kancilia had agreed, with concurrence of the City, that Mr. Kancilia would continue as City Attorney City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page S through September 30, 1994. Mr. Kancilia stated that Mr. Nicholas had mentioned possibly re- g g Y s p • bidding all of the Ci p rofessional services and he fully intended to be a candidate for the City Attorney position. Council concurred to allow Mr. Kancilia to continue as City Attorney on a subcontract basis through Reinman Harrell and to place the matter on the next workshop agenda to discuss advertising for legal services. 3. Discussion Re: The ssibili1y of vacatin a section of Tower Boulevard vs. the need costs benefits of the CityD ime and maintaining said section. Mr. Randels stated that staff had explored the option of vacating a section of Tower Boulevard and although it was feasible to vacate the road, it was not acceptable to all concerned landowners. He explained that he had been proposing vacating the eastern section beginning at the west end of Cape Sierra to the wastewater treatment plant. Mr. Jim Morgan, Building Official stated that ssibl the City could stabilize the roadway up to Mr. Tezel 's property and � Y then temporarily barricade the roadway from the eastern end up to the western end of the l� Y p He stated that the Fire Department had concerns regarding access to a fire hydrant. Mr. Morgan explained that the closing of the right-of-way would be temporary only. stated that Mr. Tezel had approached him with a suggestion Mr. Boucher pp to utilize the provision g in the impact fee ordinance for in -kind services ($520 x 25 units = $13,000). He stated that Mr. Tezel was willing to trade off the $13,000 of in -kind services to construct the first 300' of roadway up to the Discovery Bay property. Mr Boucher stated that the Council could authorize the trade - off of the impact fees for in - kind services if appropriate and the in - kind service would be the paving of the first 300' of the roadway up to the Discovery Bay entrance way. He stated that the bids had been advertised for the stabilization of Tower Boulevard and the bid opening was scheduled for August 15, 1994. Mr. Porter questioned if there were any documents which stated that the City had agreed to pave Tower Boulevard. Mr. Kancilia stated that there was a document from when Cevesco, Inc. had dedicated the Tower Boulevard right-of-way to the City; the dedication was made on the condition that the City would pave Tower Boulevard (no time frame was indicated on the deed). The deed was signed by George Firkins and the City accepted and recorded the deed. Mr. Porter stated that based on those circumstances the City should allow Mr. Tezel to use the impact fees to pave the roadway. Mr. Randels expressed his opinion that it was a moral, legal and ethical issue on the part of the City to pave Tower Boulevard and he further explained the history of Tower Boulevard and his reasons for recommending the paving of Tower Boulevard. Mr. Kancilia stated that the City's undertaking to pave the roadway was done in conjunction with acceptance of the deed from Cevesco and the City had a general obligation perhaps to pave the road. He stated that Mr. Tezel's firm may not have the same legal rights in terms of being able to enforce the agreement that was originally between the City and Cevesco. Mr. Porter City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 9 commented that it was not a legal question at this time. Mr. Nicholas also commented on the histo ry P of Tower Boulevard improvements and that the City in the past had agreed to pave the roadway for the benefit of the City, not the property owner. Council concurred to schedule a resolution for consideration at the next workshop meeting to allow the trade -off of impact fees for in -kind services on the Discovery Bay project. There was additional discussion regarding the St. John's permit which gave permission only to stabilize the roadway and the need for additional retention areas if the roadway was paved. Mr. Tezel stated that he would be paying a total of $67,000 in impact fees for his project and he felt that It was in the best interests of the City to pave the roadway. 5. Discussion & Motion Re: Interlocal A reement with Brevard Count for Rec clip and Education Grant, Addendum No. 1. Motion by Mr. Randels, seconded by Mr. Berger to authorize the City Manager and Mayor Pro Tem Porter to review and approve the agreement with Brevard County for the Recycling Education Grant, Addendum No. 1. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Discussion & Motion Re: Resolution No. 94 -33 AdODtinp, a tentative pro osed milla e rate for the levy of ad valorem taxes for 1994 on all taxable propertv located within the City of Ca Canaveral. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF Ali VALOREM TAXES FOR 1994 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Resolution No. 94 -33. Mr. Randels stated that he was concerned with the decrease in the Beautification millage and that the citizens had voted for a millage of up to .5000 mill and that gradually the City had reduced the millage until there were limited funds to complete Beautification projects. Motion by Mr. Randels, seconded by Mr. Berger to amend the motion to change the millage rate in Section 1 for the Beautification Dependent Special District to .4543 mill. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels. Mr. Nicholas stated that due to the proposed expansion of the library there may be additional expenses involved in the City's share of maintenance costs for the library. He stated that the Cit y may need additional funds to augment the library expansion project with the purchase of City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 10 books, materials or additional maintenance costs. Motion by Mr. Randels, seconded by Mr. Nicholas to amend the motion to change the millage rate in Section 2 for the Library Dependent Special District to .04246 mill. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. There was discussion regarding Section 3 of the resolution pertaining to the Storm Drainage millage. Motion carried on the main motion with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 7. Discussion & Motion Re: Resolution No. 94 -21, Approving the transfer of Elizabethtown Gas Company into its parent company NUI Corporation. Mayor Pro Tem Porter read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ACKNOWLEDGING AND APPROVING THE TRANSFER OF THE FRANCHISE FOR ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER TO NUI CORPORATION PURSUANT TO NATURAL GAS FRANCHISE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -21. Mr. Randels stated that his concerns regarding the subject transfer of City Gas had been addressed and that the City had received maps showing the location of gas lines throughout the City. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Council concurred to continue past 10 : p.m. S. Discussion _& Motion Re: Ordinance No. 29 -94, Repealing the Personnel Policv of the City in its entirety and replacing it with new Personnel Rules �& Regulations,, for first reading. Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 29 -94 at first reading. Motion carried with members voting as follows: Mayor Pro Tern Porter, For; Councilmember City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 11 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 9. Discussion & Motion Re: Ordinance No. 30 - Amending Amending,--City Charter Article III Section 3 Com nsation of Officers and Code of Ordinances Cha ter 2 Administration Division 2 Compensation for first readin . Mayor Pro Tem Porter read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III, SEC. 3, COMPENSATION OF OFFICERS OF THE CITY OF CAPE CANAVERAL CHARTER; AND ARTICLE II, CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BY PROVIDING FOR REVISED ANNUAL COMPENSATION FOR THE MAYOR AND MEMBERS OF CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 30 -94 at first reading. Mr. Kancilia explained the purpose of the ordinance and changes that were proposed to the City Charter. Mr. Porter expressed his concerns regarding the proposed increase in Council's annual compensation. Motion carried with members Voting as follows: Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas For Councilmember Randels For 10. Discussion &Motion Re: Ordinance No 31 -94 Amending City's Code of Ordinances Section 58 -56. Designation and Establishment, to provide for the appointment of two (2) delegates at lame to the Local Planning A e�ncy for first reading Mayor Pro Tem Porter read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SECTION 58 - 55, RESIGNATION AND ESTABLISHMENT, OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR THE APPOINTMENT OF TWO (2) DELEGATES AT LARGE TO THE LOCAL PLANNING AGENCY AND DELETING MEMBERSHIP OF ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Berger to adopt Ordinance No. 31 -94 at first reading. Motion carried with members Voting as follows: Mayor Pro Tem Porter, For; Councilmember City of Cape Canaveral, Florida Combined workshop & Regular Meeting July 19, 1994 Page 12 Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 11. Discussion Re: Formin an Ad -Hoc Committee to review criteria for an Architectural Review Board. Council concurred with the recommendation of the Beautification Board for the formation of an Ad Hoc Committee to review criteria for an Architectural Review Board. Mr. Kancilia advised that the Ad Hoc Committee would need to function as a "fact- finding body only" and that any actual recommendations would need to be filtered back through an official City Board such as the Beautification Board or Planning & Zoning Board. 12. Monthly Activit y Re its . - No comments. 13. City Manazer's Report Mr. Boucher stated that the Dyer, Riddle, Mills & Precourt had prepared the bid specifications for the improvements to Lift Station No. 1. The specifications would be reviewed by staff and the project would be bid within the first or second week of August. DISCUSSION: 1. Mr. Kancilia stated that he needed direction from Council regarding the scheduled closing for the purchase of two (2) acres located near the wastewater treatment plant. He stated that the title insurance commitment showed eight (8) easements (5 were in favor of the City, 3 were not). He stated that the three (3) easements potentially created a defect in the title to the property. He advised that the City could choose to acquire the property subject to the easements and deal with the easements at a later date or the City could choose to reject the contract. He recommended that the City seek an extension to the closing date to clear up the easement problems. Council concurred with the City Attorney's recommendation. ADJOURNMENT: There being no further business, the meeting adjourned at 10:20 A.M. Approved this -, 2nd day of 1 -1994 . Jo C. amone, MAYOR ATTEST: / l with G. Miller, CITY CLERK