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HomeMy WebLinkAbout06-16-1998 Regular Meeting1 1 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 16, 1998 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: MINUTES Council Members Present Burt Bruns Tony Hemandez Joy Salamone Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Building Official, G.J. "Whitey" Moran PRESENTATIONS: Spring Beautification Awards Jackie Coates, Beautification Board Awards Chair, presented awards to the following Spring Beautification Winners. Residential Gerald Bellflower 209 Harbor Drive Multi-Familv Canaveral Sands Gerald Wright and Mary McKenzie 8500 Ridgewood Avenue Commercial Maggie's Nursery Maggie Johnson 8508 North Mantic Avenue Ms. Coates introduced Nancy `Kacee" Corbin as the Beautification Award Chair for the next year. g \o yolklmumtes \xegu1az11 9 9 810 6- Y6- 98.doo City Council Regular Meeting Minutes June 16, 1998 Page 2 PUBLIC HEARINGS ORDINANCE — FIRST READING 1. (Tape 1, 504) Ordinance No. 18 -98, Comprehensive Plan Amendment CPA 01 -98. Mayor Randels read Ordinance No. 18 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SAID TO COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED AS CPA 01 -98 AS PROVIDED IN FLORIDA STATUTES SECTION 163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED EVALUATION AND APPRAISAL REPORT; PROVIDING FOR AN EFMk CTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN ErrECTIVE DATE. Mayor Randels commended the Local Planning Agency and provided background of the 1988 Comprehensive Plan noting the City's requirement to update every ten years. Todd Peetz, City Planner, will transmit the plan to the Florida Department of Community Affairs for a first review to ensure that it is in compliance with State regulations. The Comprehensive Plan is set for completion in November. Council, by majority, agreed that the document was impressive and commended the Board for their work. There was no public comment. Motion by Mr. Bruns and seconded by Ms. Salamone to approve Ordinance No. 18 -98 for submittal to the Department of Community Affairs for first review. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 2. (Tape 1, 1840) Ordinance No. 23 -98, Providing for a Referendum regarding Vacancies in Elected Offices. • Mayor Randels read Ordinance No. 23 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE III OF THE CITY CHARTER; PROVIDING FOR THE FT.RCTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO ARTICLE II, SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; G: \CityCtk\MINUTES\REGULAR \1998 \06- 16- 98.doa 1 1 1 City Council Regular Meeting Minutes June 16, 1998 Page 3 PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN Et ECTIVE DATE. There was no public comment. Amending motion by Ms. Salamone and seconded by Mr. Bruns to amend Ordinance No 23- 98 and change the word shall to should. The amendment to the motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. Motion by Mr. Petsos and seconded by Mr. Hernandez to approve Ordinance No. 23 -98 for second reading. The motion passed 5-0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 3. (Tape 1, 2915) Ordinance No. 22 -98, Antennas located on existing sites Mayor Randels read Ordinance No. 22 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110 -483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS. OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REVISED LIST OF ADMINISTRATIVE USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. Motion by Mr. Petsos and seconded by Ms. Salamone to approve Ordinance No. 22 -98 for second reading. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. ORDINANCE — SECOND READING 4. (Tape 1, 3045) Ordinance No. 19 -98, Amending or Adding the Definitions for Existing Grade, Finish Grade, Height of Building, and Fences Mayor Randels read Ordinance No. 19 -98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110 -1, DEFINITIONS, BY AMENDING OR ADDING THE DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDING, AND FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. G: \CityClk\ivIINCTfES\REGULAR \1998\06- 16- 98.doc 1 1 1 City Council Regular Meeting Minutes June 16, 1998 Page 4 Motion by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 19 -98 at second reading. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. CONSIDERATIONS: Ms. Salamone recommended addressing Item No. 7 at this time. 7. (Tape 1, 3168) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the School Resource Officer Agreement with the City of Cocoa Beach in the amount of $6,492.48. Mr. Petsos, although in favor of the agreement, was concerned with the Resource Officer turn over and was also concerned with salary and if the Sheriff can provide this service. Mr. Hernandez said that the Sheriff might not have jurisdiction. Mr. Petsos stated that he wants the Sheriff to acquire all the schools in the County rather than each City making provisions. Mr. Bruns requested more reports stating this one was the first report submitted. Ms. Pat Vann, Principal, stated that she was initially reticent toward the program, however, due to societal connotations, School Resource Officers have become very meaningful and positive. Officer Kim Smith said that the school needs an officer who cares and does not just take the job as an assignment. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr, Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 5. (Tape 2, 365) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Regular City Council Meeting Minutes of May 19,1998. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 6. (Tape 2, 377) A motion was made by Mr. Hernandez and seconded by Ms. Salamone to approve the Library Lease Agreement with Brevard County. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 8. (Tape 2, 515) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Designation of a Voting Delegate to the Florida League of Cities Convention and inserting the name of Buzz Petsos. The motion passed 5-0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 9. (Tape 2, 584) A motion was made by Ms. Salamone and seconded by Mr. Hernandez to approve the Engineering Inspection Services for Phases II and III of the City's Reclaimed Water Construction Project to Hampton and Associates, in the amount of $39,034. Mr. Bruns queried if there were a need for inspectors to ensure that house connections are proper. Mr. Gardulski stated that an inspector would provide the interface with customers for their connection. Mr. Petsos was opposed to a full -time inspector. The motion passed 4-1, with voting as follows: Ms. Salamone, For, Mr. Bruns, For Mr. Hernandez, For, Mayor Pro Tem Petsos, Against, and Mayor Randels, For. \\ CAPE- Nhityclerldcityyclk rrES\REGULAR\1998\06- 16- 98.doo 1 1 City Council Regular Meeting Minutes June 16, 1998 Page 5 RESOLUTION: 10. Mayor Randels read Resolution No. 98 -16 by title. A RESOLUTION OF THE CTTY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve Resolution No. 98 -16, Appointing One (1) 2nd Alternate Member to the Beautification Board with a term to expire November 1, 2000, inserting the name Jean Simoes. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. DISCUSSION: 11. (Tape 2, 1398) A motion as made by Mr. Hernandez and seconded by Ms. Salamone to table until the next scheduled Council meeting Amending Code Section 110 -334, Special Exceptions Permissible by the Board of Adjustment (Deleting Residential Construction in the C -1 Zoning District). The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For and Mayor Randels, For. 12. (Tape 2, 1398) A motion as made by Mr. Hernandez and seconded by Ms. Salamone to table until the next scheduled Council meeting Amending Section 110- 567(b), Relative Tree Point Values for Landscaping Purposes. The motion passed 5 -0, with voting as follows: Ms. Salamone, For, Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. REPORTS: 13. City Manager's Report (Tape 2,1540) • Mr. Boucher reported that the Patriot's Park was progressing. • Mr. Boucher related the Fire Chief's report for the July 4th weekend that open burning is banned statewide and that extra staff is being hired and there will be zero tolerance and arrest for offenders. • Mr. Boucher announced that the Annual Employee Picnic is June 27th. • Mr. Boucher stated that the Patriot's Park Volunteer project would take place this Saturday. Mayor Randels would coordinate efforts with Mr. Gardulski and Mayor Pro Tem Petsos. • Mr. Boucher reported that volunteers need to be scheduled for the Cape View Elementary project in July, also, the Sea Oats and Sand Fencing project is scheduled for July 25s`. G: \CityCIk\MINUTES\REGULAR \1998 \06- 16- 98.doc 1 City Council Regular Meeting Minutes June 16, 1998 Page 6 AUDIENCE TO BE HEARD: No Comments. REPORTS CONTINUED: City Clerk No report. City Attorney No report. Ms. Salamone No report Mr. Bruns (Tape 2, 2210) • Mr. Bruns queried the number and status of the unfinished Building Permits in the City. • Mr. Bruns questioned if there would be a lock on each reuse installation when not in service and also asked how is it enforced • Mr. Bruns noted that palm trees on Washington & Ridgewood Avenues and Central Blvd. are expired. He questioned if the trees were under warranty and what is done to keep them alive • Mr. Bruns questioned the status of the sewer line to the proposed Wingate Hotel. He noted that the property owner was requesting an easement to install the line and the City may want to consider a cost - sharing agreement • Mr. Bruns queried the status of City Hales phone system and was told that the issue is on hold. The City would remain with Essex on a month-by-month basis with less lines and would acquire voice mail. Mr. Hernandez (Tape 2, 2447) • Mr. Hernandez spoke in favor of promoting John Glenn's missions and changing the name of Central Blvd. to John Glenn Blvd. Mr. Petsos suggested soliciting property owner's input by letter. • Mr. Hernandez reported a consensus to begin the Cape Canaveral Arts Council • Mr. Hernandez queried the investing costs for DHB. He recommended an accounting for financial transactions as well as arrests and convictions stating that an agreement is not necessary. • Mr. Hernandez announced that framing is in progress for the Cuban art at the Library. Mayor Pro Tem Petsos (Tape 2, ) • Mr. Petsos queried the agreement for Commerce Street and requested follow-up • Mr. Petsos reported on the Storm Shutters grant • Mr. Petsos recommended scheduling Budget Workshop dates as well as date for Goals and Objectives meetings G : \CityCIk\MINUTES\REGULAR \1998 \06- 16- 98.doc 1 1 1 City Council Regular Meeting Minutes June 16, 1998 Page 7 Mayor Randels (Tape 2, 2868) • Mayor Randels reported that the Fire Department. competed in state competition and received 3th Place • Mayor Randels announced that Greg Mullins passed his Building Inspector and Property Standards tests • Styrofoam Machine • Mayor Randels commended the City Manager for his presentation at Johnson Controls • Mayor Randels commended Nancy Hanson for the Recreation Department's articles in Florida Today • Mayor Randels queried pay structures for key positions There being no further business the meeting adjourned at 9:50 PM G:\cityclkVMffivUTES\REGULAR \1998\06- 16- 98.doc Rocky Randels, MAYOR