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HomeMy WebLinkAbout09-17-1996 Regular Meeting1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 17, 1996 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: MINUTES Council Members Present Burt Bruns Leo Nicholas Buzz Petsos Mayor John Porter Mayor Pm Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Sheriff Major, Steve Salvo School Resource Officer for Cocoa Beach High School Cocoa Beach High School Principal, Patricia Vann, appeared before Council requesting support to fund a School Resource Officer for Cocoa Beach High School. Mr. Petsos related that Cocoa Beach is funding $25,000. Council consensus was to place the matter on a future agenda for consideration with hard costs, job description and all funding sources. MINUTES: 1. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve the City Council Regular Meeting Minutes of September 3, 1996 and City Council Budget First Hearing Minutes of September 9, 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: g.\ cityclk\ miuutts \regulaiM996\09- 17- 96.doc 1 1 1 City Council Regular Meeting Agenda September 17, 1996 Page 2 2. Mayor Porter read Resolution No. 96-43 by title. A RESOLUTION OF 'ME CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EN'FECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to approve Resolution No. 96-43, Reappointing Members to the Board of Adjustment, with terms to expire on October 1, 1998. (Robert Laws, Earl McMillin, and Ann Thum). There was no public comment. The resolution was approved 5-0 with voting 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. 96-44 by title. A RESOLUTION OF '1'Hl: CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN El4 ECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Resolution No. 96-44, Reappointing Members to the Code Enforcement Board, with terms to expire on October 1, 1999 (David Anderson, Donna Boone and Carol Warner). There was no public comment. The resolution was approved 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. 96-45 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF '1HE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to approve Resolution No. 96-45, Reappointing Members to the Library Board, with terms to expire on October 1, 1998 (Joanna Atwood, Harry Ernst, Rosann Gallagher, Tim Grady and Anna Kelly). There was no public comment. The resolution was approved 5-0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 5. Mayor Porter read Resolution No. 96-46 by title. 1 1 1 City Council Regular Meeting Agenda September 17, 1996 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE RECREATION BOARD OF '1'HE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Randels to approve Resolution No. 96-46, Reappointing Members to the Recreation Board, with terms to expire on October 1, 1998 (Colin Finnigan, Alden `Bob" Gorham, Harvey Renshaw and William Schmidt). The resolution was approved 5-0 with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mayor Porter read Resolution No. 96-47 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Resolution No. 96-47, authorizing an Agreement with the Brevard County Sheriff's Department to provide Law Enforcement Services to the City of Cape Canaveral, for fiscal year 1996/97. Mr. Nicholas opined that he still believes dispatch services should be a part of the contract services without being charged as separately as a line item. There was no public comment. The resolution was approved 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 - 1st Reading 7. Mayor Porter read Ordinance No. 16 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN AMENDMENT AS PROVIDED IN FLORIDA STATUTES SECTION 1633177(6)(a), WHICH SHALL AMEND THE COMPREHENSIVE FUTURE LAND USE ELEMENT TO PROVIDE PUBLIC SCHOOLS AS AN ALLOWABLE USE WITHIN THE LAND USE CATEGORIES OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN 1 1 1 City Council Regular Meeting Agenda September 17, 1996 Page 4 AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Ordinance No. 16 -96; Related to Comprehensive Planning, setting forth and adopting a Comprehensive Plan Amendment as provided in Florida Statutes Section 163.3177(6)(a), which shall amend the comprehensive future land use element to provide for public schools as an allowable use within the land use categories of the city, for second reading. There was not public comment. Ordinance No. 16 -96 was approved for second reading 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. 17 -96 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, AMENDING CHAPTER 110, ZONING, BY THE ADDITION OF PUBLIC SCHOOLS AS AN ALLOWABLE USE IN THE R-2, R -3 AND C -1 ZONING DISTRICTS, BY AMENDING SECTION 110- 292, PRINCIPAL USES AND STRUCTURES (R-2).4110-312, PRINCIPAL USES AND STRUCTURES (R -3)z AND 110 -332, PRINCIPAL USES AND STRUCTURES (C -1); AND BY THE ADDITION OF VOCATIONAL SCHOOLS AND COLLEGES AS AN ALLOWABLE USE IN THE M -1 ZONING DISTRICT BY AMENDING SECTION 110 -352, PRINCIPAL USES AND STRUCTURES (M -1); PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Ordinance No. 17 -96 for second reading; Amending Chapter 110, Zoning by the Addition of Public Schools as an Allowable Use in the R-2, R -3 and C -1 Zoning Districts, by Amending Sections 110 -292, Principal Uses and Structures (R-2), 110 -312, Principal Uses and Structures (R-3) and 110- 332, Principal Uses and Structures (C -1); and by the Addition of Vocational Schools and Colleges as an Allowable Use in the M -1 Zoning District by Amending Section 110 -352, Principal Uses and Structures (M -1). There was not public comment. Ordinance No. 16 -96 was approved for second reading 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., City Council Regular Meeting Agenda September 17, 1996 Page 5 9. 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 Mayor Pro Tem Randels and seconded by Mr. Petsos to adopt Ordinance No. 20 -96; Amending Section 110 -171, Establishing compliance criteria for Establishments Serving Alcoholic Beverages. An amending motion was made by Mr. Nicholas and seconded by Mr. Bruns to clarify Section 2 (1) by stating " The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation." The amendment 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 No. 20 -96 was adopted with voting on the main motion as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. CONSIDERATIONS: 14. Location of stained glass window for the library was considered at this time. Mr. Tim Grady, Library Board Member, explained that the library board did not decide randomly to locate the stained glass city logo on the northern wall of the library. He related that architects noted that it is the best view. Under the portico it would not receive light as intensely. Mayor Porter requested that a letter of apology be sent to the county in regard to the misunderstanding. 10. Sandra Sims, City Clerk, explained that the Document Imaging System is considered a sole source purchase for the following reasons: • No other imaging system offers a multiple database feature 1 1 1 City Council Regular Meeting Agenda September 17, 1996 Page 6 • No other imaging system offers a multiple database feature • The indexing system provides a principal word index and a descriptive index which is compiled automatically; virtually all others require on method of manual indexing • Multi- tiered levels of security (15) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Document Imaging System purchase from the Jane Group, Inc. by sole source in the amount of $14,995, funding from impact fees, as well as the required workstation to be purchased from Management Computers and Control Centers (the same vendor all computers were purchased from) in the amount of $2,000 with funding from impact fees. 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. 11. City Manager, Bennett Boucher, reported that the union agreed to the three percent cost of living increase which is comparable to the general employee increase allocated in the 1996/97 budget. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Local 673 International Union of Operating Engineers (AFL -CIO) agreement to grant a three percent (3 %) cost of living increase to all union member classifications, effective on October 1, 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. Mr. Petsos suggested that the funeral leave policies for both the union and general employees' should be reviewed. Council concurred to place the issue as a discussion item on the next agenda. 12. A motion was made by Mr. Randels and seconded by Mr. Nicholas to approve the Cooperative Purchase of a Bobcat Loader with components in the amount of $17,821. 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: 13. Mayor Porter suggested that the City participate in the 1996 Cocoa Beach Christmas Parade, Saturday, December 14, 1996, 2p.m., sponsored by the Business Improvement Council. Council consensus was in favor, using the city's Patriot's Day float. 15. Mayor Porter suggested that the city pursue a lease agreement for the Longpoint Park area while grant funding is being researched. Council consensus was in favor of pursuing the lease option, stipulating that only playground equipment will be installed. City Attorney, Kohn Bennett, will develop a proposal. REPORTS: 1 City Council Regular Meeting Agenda September 17, 1996 Page 7 • Mr. Boucher reported that a pedestrian signal and crosswalks will be installed at A1A and Central. • Mr. Boucher reported that the FDOT is working on a new configuration for Columbia Drive • Mr. Boucher reported that RKT, the reuse contractors, are proceeding well down A1A with the new reuse lines. • Mr. Boucher requested concurrence for him to pursue the FDOT to realign A1A in the area of the Canaveral Creek which will facilitate installing pedways and preclude having to install a bridge at the creek. Council concurred. • Mr. Boucher reported that two appraisals have been sent to Tallahassee for the Manatee Sanctuary Park • Mr. Boucher reported that the Banana River Park grant application was accepted by Tallahassee as complete. • Mr. Boucher reported that a picnic will be held at Xeriscape Park on September 27, 1996 at 11:30 a.m. honoring Carl Akery for his 30 years of employment with the city. Council agreed to cook and serve lunch. City Attorney - Kohn Bennett No report. City Clerk - Sandra Sims • Ms. Sims reported that four candidates qualified for the 1996 election to fill to Council Member Seats. The candidates are: Ruby Daniel, Tony Hernandez, Leo Nicholas and Rocky Randels. Mayor Pro Tem - Rocky Randels • Mr. Randels queried if Western Waste is fulfilling their contract according the specified schedule for cleaning and deodorizing dumpsters. • Mr. Randels queried Mr. Nicholas if he has been attending the MPO meetings as the city's representative to the port. Mr. Nicholas stated that he has been unable to attend and suggested that another Council Member serve. Mayor Porter stated that he would be willing to serve as alternate for the port, if they are amenable. • Mr. Randels reported that he is serving as chair person of the Environmentally Endangered Land (EEL) committee in Brevard. Council Member - Buzz Petsos • Mr. Petsos reported that the Youth Center had a successful grand opening and that the Center will be painted by inmates on September 28. • Mr. Petsos queried that since turtle season is over, is it possible to install sand fences along the dunes? Mr. Boucher will research the possibility. 1 1 City Council Regular Meeting Agenda September 17, 1996 Page 8 • Mr. Petsos queried if there were published results of the Police Study findings. Mr. Boucher related that another meeting will be held now that the budget is completed and a report will be made. • Mr. Petsos queried if Mr. Arthur Berger was invited to appear before Council for an explanation of why he was not re- appointed to the Planning and Zoning Board. Ms. Sims reported that he was personally invited, however, declined. Council Member - Leo Nicholas • Mr. Nicholas reminded staff that water and electric should be directed to the Veteran's Memorial Park while the library is under construction. • Mr. Nicholas queried if the easement has been obtained at the Tap House where the beautification project pilot is planned. Mr. Boucher reported that the easement has been obtained. Council Member - Burt Bruns • Mr. Bruns queried about the Police Department Annex renovation status. Mr. Boucher reported that the city will go to bid next week. • Mr. Bruns queried when the Washington Avenue issue will be placed on an agenda. Mr. Boucher stated that it will be place on the earliest possible agenda. ATTEST: `rA - -ter a Sandra O. Sims, CITY CLERK