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HomeMy WebLinkAbout09-03-1996 Regular Meeting1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 1996 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Leo Nicholas Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Sheriff Major, Steve Salvo 1VIINUTES: 1. A motion was made by Mr. Bruns and seconded by Mr. Randels to approve the City Council Regular Meeting Minutes of August 20, 1996. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For RESOLUTIONS: 2. Mayor Porter read Resolution No. 96-38 by title. A RESOLUTION OF THL CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RE- APPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN ENN "LCTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No. 96 -38, re- appointing members as follows: section 1. Arthur Berger; section 2. Dr. John Fredrickson; and section 3. R. Lamar Russell to the Planning & Zoning Board. d \citycl— l \cityclk\minuces\regular \1996\09- 03- 96.doc 1 1 1 City Council Regular Meeting Minutes September 3, 1996 Page 2 Mr. Bruns expressed concern that Mr. Berger often abstains from voting due to conflicts of interest which he determines as a serious concern for Mr. Berger to be able to perform and be objective. (voting abstentions: March, 1; April, 2; August, 2) An amending motion was made by Mr. Bruns, and seconded by Mayor Porter to eliminate Mr. Berger's name from the resolution for re- appointment. The motion passed 4 -1, with voting as follows: Mr. Bruns, for; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, Against. Voting on the main motion was 5 -0, as follows: Mr. Bruns, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. Mayor Porter read Resolution No. 96 -39 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE (1) REGULAR AND ONE (1) ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mayor Porter approve Resolution No. 96 -39, inserting names as follows: section 1. Richard Treverton (regular member) and section 2. Nadena Easler (alternate member). both for terms to expire on May 1, 1997 to the Community Appearance Board. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For 4. Mayor Porter read Resolution No. 96-40 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 96- 40. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For PUBLIC HEARINGS ORDINANCE - FIRST READING 1 1 1 City Council Regular Meeting Minutes September 3, 1996 Page 3 5. Mayor Porter read Ordinance No. 20 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110 -171, ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; ESTABLISHING EXCEPTIONS TO CERTAIN DISTANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Ordinance No. 20 -96; Amending Section 110 -171, Establishing compliance criteria for Establishments Serving Alcoholic Beverages, for second reading. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCE - 2nd Reading 6. Mayor Porter read Ordinance No. 15 -96 by title. AN ORDINANCE OF '1'HL CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110 -171, ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; AMENDING THE SEATING REQUIREMENTS FOR BEER AND WINE LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EN'F'ECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 15 -96 on its second reading. Mr. Nicholas explained that he is against the ordinance because of his concern for the proliferation of alcoholic beverage sales within the city and its impact upon safety. There was no public comment. Ordinance No. 15 -96; Amending Section 110 -171, Establishments Serving Alcoholic Beverages Amending the Seating Requirements for Beer and Wine License was adopted 4 -1, with voting as follows: Mr. Bruns, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. Mayor Porter read Ordinance No. 18 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY 1 1 1 City Council Regular Meeting Minutes September 3, 1996 Page 4 AMENDING SECTIONS 110 -336, AREA AND DIMENSIONS (C -1) AND 110 -356, AREA AND DIMENSIONS (M -1), BY AMENDING '1'11L MAXIMUM HEIGHT FOR BOTH C -1 AND M -1 DISTRICTS TO FORTY - FIVE FEET (45') IN HEIGHT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to adopt Ordinance No. 18- 96 on its second reading. There was no public comment. Ordinance No. 18 -96; Amending Chapter 110 -336, Area and Dimensions (C -1) and 110 -356, Area and Dimensions (M -1), by amending the maximum height for both C -1 and M -1 districts to forty-five feet (45') in height was adopted 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 8 Mayor Porter read Ordinance No. 19 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING SECTION 110 -195, NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION, PROVIDING FOR 1'HE CONVERSION OF A NONCONFORMING USE; ESTABLISHING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Bruns to adopt Ordinance No. 19- 96. There was no public comment. Ordinance No. 19 -96; Amending Chapter 110 -195, Nonconforming Uses of Structures or of Structures and Premises in Combination, Providing for the Conversion of a Nonconforming Use; Establishing Procedures was adopted 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. CONSIDERATIONS 9. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Dolphins Cove Final Plat as recommended by the Planning & Zoning Board. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 1 1 1 City Council Regular Meeting Minutes September 3, 1996 Page 5 10. A motion was made by Mr. Randels and seconded by Mr. Petsos to authorize staff to bid the Police Station Renovation Project. The motion passed 5 -0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For, and Mayor Pro Tem Randels, For. DISCUSSION: 11. Major Steve Salvo was present explaining the proposed changes to the agreement with the Brevard County Sheriff's Department to provide Law Enforcement Services to the City of Cape Canaveral for the fiscal year 1996/1997. Council consensus was in favor of the following changes: 1) Section 3(g) There shall be one member of the Sheriff's Operational Command Staff with rank of at least Classified Lieutenant to serve as the Sheriff's Manager 2) Section 3(h) The City of Cape Canaveral's level -of- service shall be seventeen (17) deputies 3) Section 4, second to the last paragraph The sheriff further agrees there will be not more than one 91) Deputy assigned to Cape Canaveral at a time with less than one 91) year of law enforcement service. 12. City Manager, Bennett Boucher, explained that none of the options of the FDOT Highway Maintenance Agreement for SR A1A as proposed is not in the best of the city. Council consensus was for staff to prepare a counter offer which would encompass the guidelines of the proposal offered by Nick's Lawn Service. REPORTS: 13. City Manager - Bennett Boucher • Mr. Boucher reported that the Fire Chief David Sargeant affirms that no official action is expected tonight in regard to Hurricane Fran. Burt Bruns - Council Member No report. Leo Nicholas - Council Member • Mr. Nicholas requested that staff query the Department of Transportation to construct a turn lane at the Post Office. 1 1 1 City Council Regular Meeting Minutes September 3, 1996 Page 6 • Mr. Nicholas reported that his latest information on the stained glass city logo was that there is no possibility of changing the location to the front entrance portico of the library. Mayor Porter related that he has drafted letters continuing to try to persuade the county that it is important and justified to place the logo at the front entrance. Buzz Petsos - Council Member • Mr. Petsos expressed concern that Western Waste provided collection service on Saturday during the Labor Day holiday weekend, however, the residents were not notified beforehand. Rocky Randels - Mayor Pro Tem • Mr. Randels reported that Council Member Buzz Petsos has been appointed to the Quality Cities Committee of the Florida League of Cities. • Mr. Randels reported that the Florida League of Cities is forming a five - member task force for youth as requested by Council Member Buzz Petsos. • Mr. Randels reported that the mayor's salary for the town of Medley, Florida (population 868) is $88,000 annually. Incumbent Mayor Jack Morrow stated that he has never worked so hard in his life. • • Mr. Randels reported that Titusville is exercising a unlicensed contractors. Mr. Boucher stated that department is also monitoring licensing while scrutinizing Mr. Randels reported that he has been appointed to the standing committee of intergovernmental relations. Mayor - John Porter No report. City Attorney - Kohn Bennett No report City Clerk - Sandra Sims No report Audience No report or comments. ADJOURNMENT: 8:35 p.m. tough policy on identifying Cape Canaveral's building for building permits. Florida League of Cities state City Council Regular Meeting Minutes September 3, 1996 Page 7 1 ATTEST: Sandra O. Sims, CITY CLERK 1 1 ohn K. Porter, MAYOR