HomeMy WebLinkAbout09-15-1998 Regular Meeting1
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 15, 1998
7:00 P.M.
MINUTES
CALL TO ORDER
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Mayor Rocky Randels
Mayor Pro Tem Buzz Petsos
Burt Bruns
Tony Hernandez
Council Members Absent
Joy Salamone
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Ed Gardulski, Public Works Director
City Treasurer, Andrea Bowers
Recreation Director, Nancy Hanson
CONSIDERATIONS:
1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the
Landscaping Bid Award, RFP No. 98-10 to Nick's Lawn Service for a total of $101,555;
as follows: Landscaped Areas, $71,930; Tree Trimming, $12,105; Right -of -Way Mowing,
$17,520.
The motion passed 3 -1 with the voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mayor
Pro Tem Petsos, Against; and Mayor Randels, For.
2. <Tape 1, 1306> A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
the Outdoor Entertainment Permit for the City Crime Prevention and Safety Fair.
The motion passed 4 -0 with the voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mayor
Pro Tem Petsos, For, and Mayor Randels, For.
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3. <Tape 1, 1460> A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the
Collective Bargaining Agreement with the International Union of Operating Engineers
(AFL -CIO).
The motion passed 4 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor
Pro Tem Petsos, For; and Mayor Randels, For.
4. <Tape 1, 2100> A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the
1998 City of Cape Canaveral Employee Wage Plan and Job Descriptions.
The motion passed 4-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor
Pro Tem Petsos, For; and Mayor Randels, For.
5. <Tape 1, 2490> A motion to approve the appropriation of $14,405 for Police Equipment was
deferred until the next scheduled City Council meeting on October 6t.
Mr. Petsos left the meeting at this time. (8:20 P.M.)
6. <Tape 1, 3166) Mayor Randels read Ordinance No. 25 -98 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST
SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA- S98 -1, WHICH SHALL
AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE
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 AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No.
25 -98 at second reading.
There was no public comment.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and
Mayor Randels, For.
7. <Tape 1, 3348> Mayor Randels read Ordinance No. 26 -98 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246,
OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN
PROPERTY FROM R -3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C -1 (LOW
DENSITY COMMERCIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE
CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT
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ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt
Ordinance No. 26 -98 at second reading.
There was no public comment.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For;
and Mayor Randels, For.
8. <Tape 1, > Mayor Randels read Ordinance No. 14 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, SECTION 110- 567(b), BY AMENDING TILE RELATIVE TREE
POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt
Ordinance No. 14 -98 at second reading
There was no public comment.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For;
and Mayor Randels, For.
9. <Tape 1, 3575> Mayor Randels read Ordinance No. 28 -98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMNTARY DISTRICT REGULATIONS, BY
AMENDING SECTION 110 -483, WIRELESS TELECOMMUNICATION TOWERS AND
ANTENNAS, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR
REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS
REGULATING NONCONFORMING STRUCTURES; REPEALING PRIOR INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt
Ordinance No. 28 -98 at second reading.
There was no public comment.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For;
and Mayor Randels, For.
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10. <Tape 1, 3760> Mayor Randels read Resolution No. 98 -25 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Resolution No.
98 -25 inserting the names Connie McKone as a Regular Member and Paula Collins as a
Second Alternate Member to be reappointed to the Board of Adjustments and Appeals with
terms to expire on October 1, 2001.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and
Mayor Randels, For.
11. <Tape 1, 3781> Mayor Randels read Resolution No. 98 -26 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Resolution No.
98 -26 reappointing members to the Recreation Board inserting the names Harvey Renshaw,
Colin Finnigan, Alden "Bob" Gorham and William Schmidt with terms to expire on
October 1, 2000.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and
Mayor Randels, For.
12. <Tape 1, 3889> Mayor Randels read Resolution No. 98 -27 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Resolution No.
98 -27 reappointing members to the Library Board inserting the names Dr. Tim Grady,
Joanna Atwood, and Roseann Gallagher with terms to expire on October 1, 2000.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and
Mayor Randels, For.
13. <Tape 2, 192> Mayor Randels read Resolution No. 98 -28 by title.
A RESOLUTION RE- ESTABLISHING MINIMUM PERMIT FEES, PLAN CHECKING FEES,
REINSPECTION FEES, AND FEE SCHEDULE FOR SITE PLANS AND REPLAT /SUBDIVISION
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OF LAND FOR THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING RESOLUTION NO. 92-
56; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution
No. 98 -28. Mark Nelson, 207 Arthur Avenue, expressed concern that the proposed fee
increases range from 7% to 140% depending on valuation of a project. He opined that
permit fees are going up excessively faster than construction costs. Further, he stated that
all fees required are not outlined when requesting a permit for a construction project,
creating surprise costs.
City Attorney, Kohn Bennett, stated that the Building Department should develop an
informational packet for builders to know all procedural requirements and permitting fees
encompassing all categories.
Tom Quinn, resident and contractor, related that page 4 is double billing. He related that
it is not fair that builders should pay for an outside plans examiner if the city does not
have a qualified employee.
An amending motion was made by Mr. Hernandez and seconded by Mayor Randels to
change the language to reflect that the fee is required "when an outside plans examiner is
required to resolve a dispute between the city and the applicant." Council concurred that
the ordinance should still be re- visited. The motion passed 3 -0, with voting as follows:
Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For.
The main motion passed 3 -0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For;
and Mayor Randels, For.
14. <Tape 2, 15753> Mayor Randels read Resolution No. 98 -29 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 'rtu
AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF
CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF OF BREVARD COUNTY;
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by. Mr. Bruns to postpone
discussion on approval of Resolution No. 98 -29 until the next scheduled City Council
meeting on October 6, 1998.
The motion passed 3 -0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and
Mayor Randels, For.
15. <Tape 2, 1623> Mayor Randels read Resolution No. 98 -30 by title
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A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO '1'HE
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.
Fire Chief, Dave Sargeant, stated that next year, paramedic salaries will have to be
reconsidered in view of market trends.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution
No. 98 -30 and passed 3 -0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and
Mayor Randels, For.
16. Motion to Approve: Resolution No. 98 -31, Urging the Florida Public Service
Commission to Maintain Area Code 407 for the Telephone Service for All of
Brevard County.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUTY,
FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO
MAINTAIN AREA CODE 407 FOR THE TELEPHONE SERVICE FOR
ALL OF BREVARD COUNTY; AND PROVIDING AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mayor Randels to approve
Resolution No. 98 -31. The motion passed 3 -0, with voting as follows: Mr. Bruns,
For; Mr. Hernandez, For; and Mayor Randels, For.
DISCUSSION:
17. Motion to Approve: Ordinance No. 29 -98, Revised City of Cape Canaveral General Employee
Personnel Rules and Policies
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 SEVERABILI TY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Council concurred to place Ordinance No. 29 -98 on the next regular agenda.
18. Joint Meeting with Cocoa Beach City Commission, October 7, 1998, 7p.m.
Council concurred meet jointly with the Cocoa Beach City Commission and
suggested the following topics of discussion:
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• Joint street sweeping
• Sidewalks — connecting
REPORTS:
City Manager - Bennett Boucher
• Mr. Boucher reminded Council of the Budget Hearing on Monday, September 9, 1998.
Mr. Hernandez will be unable to attend.
• Mr. Boucher reported that a lot of feedback was received during the Town Forum on
the proposed sign ordinance. He related that those attending expressed interest to form
an ad hoc committee. Mr. Bruns opined that an ad hoc committee would not be as
effective as a public meeting with Council. Mr. Leo Nicholas, resident, agreed.
AUDIENCE TO BE HEARD:
There was no public comment.
City Clerk — Sandra Sims
Ms. Sims requested that City Council appropriate $150 toward the Florida City Government
Week poster contest. Council approved the expenditure.
City Attorney — Kohn Bennett
No report.
Council Member — Burt Bruns
No report.
Council Member — Tony Hernandez
No report.
Mayor - Rocky Randels
No report.
There bemg no flier business the meeting adjourned at 10:10 P.M.
Rocky Randels, MAYOR