HomeMy WebLinkAboutMinutes 12-21-1982CITY COUNCIL
REGULAR MEETING
DECEMBER 21, 1982
A.REGULAR MEETING OF THE CITY COUNCIL Or THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON DECEMBER 21, 1982 AT CITY
HALL, 105 POLY AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR WAYNE RUTHERFORD
AT 7:30PM.
INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR
RUTHERFORD.
THE ROLL WAS CALLED I3Y THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR W. RUTHERFORD', COUNCIL MEMBERS J. CALVERT, L. HARRIS,
L. NICHOLAS AND J. I-IINC.IESTER; CITY ATTORNEY/MANAGER J. SCOTT
AND CITY CLERK P. BEAULIEU.
Id RS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
DECEMBER 7, 1982. MRS. IIARRIS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. MOTION — RECONSIDERANTIOOVOTE ON, SECOC:D READING
OF ORDINANCE N0. 19-82 REF. : REZONING FROM R-2 TO
R-3, COSTA DEL SOL eIRF.A
MAYORRUTHERFORD EXPLAINED THAT AT THE LAST COUNCIL MEETING
TIIIS ORDINANCE FAILED TO PASS ON A TIE VOTE.
MRS. CALVERT MOVED TO RESCIND THE VOTE OF THE SECOND READING
OF ORDINANCE N0: 19-82. MRS. IIARRIS SECONDED MOTION..
'MAYOR RUTHERFORD DESCRIBED THE AREA WHICH WAS BEING CONSIDERED
FOR REZONING. ON THE NAP FOR TIIE BENEFIT OF THOSE IN THE AUDIENCE.
HE EXPLAINED THAT AT THE LAST MEETING CONSIDERABLEOBJECTION WAS
VOICED FROM THE PEOPLE JUST NORTH OF TIIIS .AREA WHO LIVED IN THE
R-1 ZONE.
JJRS. CALVERT EXPLAINED TIER REASONS FOR RESCINDING TIER VOTE
FROM THE PREVIOUS MEETING. SINCE THE MEETING SIZE HAD M!:T WITII
'MR. KODSI AND FIE HAD 'AGREED TO GRANT AN AERIAL EASEMENT ABOVE 25 FEET,
CITY COUNCIL MINUTES
DECEMBER 21, 1982
PAGE 1 OF 6'
75 FEET WIDE DOWN THE ENTIRE NORT:IERN STRIP SEPARATING THE
R-1 AND THE PROPOSED R-3 DISTRICTS, THEREBY GRANTING A BUFFER
ZONE FOR THOSE RESIDENTS TO THE NORTH. MRS. CALVERT EXPLAINED SHE
HAD ALSO TAKEN INTOCONSIDERATION THE FACT THAT MR. WINCHESTER
APPROVED THE ZONING CHANGE WHILE HE WAS ON THE PLANNING. AND ZONING
BOARD.
DISCUSSION FOLLOWED, ON RESCINDING THE VOTE OF THE PREVIOUS
MEETING. IT WAS NOTED THAT IF THE MOTION ON THE FLOOR CeARRIED,
THE COUNCIL WOULD BE BACK TO SECOND READING.
MAYOR. RUTHERFORD THEN READ THE WORDING Or TIE AERIeAL EASEMENT.
DISCUSSION FOLLOWED BETWEEN COUNCIL AND MR. KODSI, WHO WAS
IN THE AUDIENCE. IT WAS NOTED THAT THERE WAS A LACK OF RESIDENT
TURNOUT AT THIS MEETING. COUNCIL MEMBERS STATED THAT THEY HAD
RECEIVED CALLS FROM RESIDENTS WHO SAID THIS COMPROMISE WAS
ACCEPTABLE.
VOTE Oil THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY.
AT THIS TIME MAYOR RUTHERFORD READ THE TITLE OP ORDINANCE
NO. 19-82.
AN ORDINANCE PURSUANT TO SECTION 633.01 ZONING.
REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA,
PROVIDING FOR A CHANGE IN THE ZONING DISTRICT
CLASSIFICATION FROM R-2 ONE, TWO AND MULTIPLE
FAMILY DWELLING. DISTRICT, TO R-3 MULTIPLE FAMILY
DWELLING DISTRICT FOR PHASE 8, COSTA DEL SOL;.
PROVIDING THAT SUCH CHANGES TO TIIE ZONING DISTRICT
SHALL NOT BECOME EFFECTIVE UNTIL THEY HAVE BEEN
DULY ENTERED. UPON THE OFFICIAL ZONING MAP, BY
AUTHORIZING SUCH CHANGES TO BE MADE ON THE .OFFICIAL
ZONING MAP AND AUTHORIZING THE MAYOR AND CITY. CLERK
TO EXECUTE SAID CHANGE ON SAID ZONING MAP; REPEALING
ALL PARTS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE SECOND READING. MRS. HARRIS
'SECONDED MOTION.
DISCUSSION FOLLOWED AS TO WHETHER OR NOT THIS ORDINANCE. SHOULD
BZ 11ADE CONTINGENT UPON R--CEIVING THE EXECUTED EASEMENT FROM
C.N.E. DEVELOPMENT. ATTORNEY SCOTT SUGGESTED THAT THE ORDINANCE
TAKE EFFECT THE DAY AFTER THE. NEXT COUNCIL MEETING. IF THE
EASEMENT WAS HOT EXECUTED, THE COUNCIL COULD ACT AGAIN.
CITY COUNCIL MEETING
DECE::BER 21, 1982
PAGE 2 OF 6
MRS. HARRIS MOVED THAT THE EFFECTIVE DATE OF ORDINANCE
NO. 19-82 BE MACE JANUARY 5, 1983.. MRS. CALVERT SECONDED MOTION.
VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION
FOR ADOPTION OF SECOND READING OF ORDINANCE NO. 19-82 CARRIED
UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 20-82 RE: ADOPTING COUNTY ANIMAL
CONTROL ORDINANCE N0. 82-22 (SECOND READING AND
PUBLIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA
ORDINANCE NO. 82-22 RELATING TO ANIMAL CONTROL,,
WHICH ORDINANCE IS ADOPTED FOR THE REGULATION
OF ANIMAL CON'".ROL WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC
PARES AND BEACHES AS AREAS IN PINICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT IIEREWITII; PROVIDING All EFFECTIVE DATE.
MRS.. CALVERT. MOVED TO APPROVE SECOND READING. MR. WINCHESTER
SECONDED MOTION. MOTION CARASED UNANIMOUSLY.
ITEM 3. ORDINANCE N0. 21-82 RE: AMENDING SIGN CODE,
CHAPTER 653 (SECOND READING AND PUBLIC HEARING)
MAYOR RUTHERFORD :READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE A?FENDING CHAPTER 653 OF THE CITY
CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA BY
AMENDING SECTION 653.22 TO CONFORM WITH FLORIDA
STATUTES; REPEALING ALL PORTIONS OF TIIE CODE ICI
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
DISCUSSION FOLLOWED ON THE .REMOVAL OF MEMBERS ON THIS
BOARD. NO CHANGES WERE MADE TO THE ORDINANCE. MOTION '4AS MADE
TO APPROVE SECOND READING. MOTION SECONDED. .MOTION CARRIED
UNANIMOUSLY.
NEW BUSINESS
ITEM 1. ORDINANCE N0. 22-82 RE: AMENDING TAXI ORDINANCE
CODE CHAPTER 725 (FIRST READING AND PUBLIC HEARILIG)
MAYOR: RUTHERFORD READ THE TITLE OF TllE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 725, "TAXI REGULATION",
OF THE CITY CODE OP TUE CITY OF CAPE CANAVERAL, FLORIDA,
BY AMENDING THE AMOUNT OF INSURANCE REQUIRED DY TAXICABS
IN ORDERFOR TAXICi�BS TO OPBRATE WITHIN TEE CITY OF
CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE
CODE ICI CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL MEETING
DECEMBER 21, 1982
PAGE 3 OF 6
MR. NICHOLAS MOVED FOR APPROVAL OF FIRST READING. MRS.
CALVERT SECONDED MOTION.
DISCUSSION FOLLOWED ON THE FACT THAT INSURANCE REQUIRE}LENTS
FOR CAB COMPANIES DIFFER FROM ONE CITY TO ANOTHER. A SUGGESTION
WAS MADE TO BRING THE SUBJECT OF UNIFORMITY OF INSURANCE REQUIRE—
MENTS FOR CAB COMPANIES TO THE BREVARDLEAGUE OF CITIES NEXT MONTH.
VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. FIRST
READING APPROVED.
ITEM 2. RESOLUTION NO. 92-72 RE: ESTABLISHING PUBLIC
HEARING DATE; VACATING PORTION BOOTH COURT BETWEEN
TRACT 11 AND 13, CHANDLER PARK REPLAT — PETITIONER
COLETTE CANNON FOR SAND IN THE SHOES
MAYOR RUTHERFORD READ T:IE TITLE OF TRE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING FOR TIIE VACATION OF THE EAST—WEST PORTION
OF 'BCOTH COURT BETWEEN TRACT 11 AND 13; AUTHORIZING
CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING
AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION.. MRS. HARRIS SECONDED MOTION.
MRS. CANNON WAS IN ATTENDANCE AND SPOKE TO COUNCIL REGARDING HER
SITE. PLANS.
MOTION ON ,THE FLOOR CARRI!:D UNANIMOUSLY.
ITEM 3.. MOTION RE: BRILEY WILD'S CHANGE ORDER 03,.
SEWER PLANT EXPANSION
MAYOR RUTHERFORD READ THE FOLLOWING ITEMS IN CHANGE ORDER 13:
FURNISH AND INSTALL FIBERGLASS ENCLOSURE
FOR GENERATOR. $1,500
FURNISH AND INSTALL CHLORINE SCALE 5,181
$6,681
MR. NICHOLAS MOVED TO APPROVE CHANGE ORDER 0. 'MRS. HARRIS
SECONDED MOTION. MOTION CARRIED UNeANIMOUSLY.
ITEM .1. MOTION RE: AUTHORIZING NEW SITES FOR FIRE HYDRANTS
COUNCIL HAD BEFORE THEM A LETTER FROM THE FIRE DEPARTMENT
DATED DECEMBER 16, 1982, WHICH LISTED AREAS WHERE FIRE HYDRANTS WERE
URGENTLY NEEDED. CITY MANAGER SCOTT INFORMED COUNCIL THAT
INSTALLATION OFA HYDRANT WAS $2,000 PLUS All ADDITIONAL $120.00 PER
YEAR.
CITY COUNCIL MEETING
DECEMBER 21, 1982
PAGE .1 OF G
TRE HOLMAN ROAD AREA WAS DISCUSSED. IT WAS REPORTED THAT
THERE WERE NO WATER MAINS IN THAT AREA WITH ONE EXCEPTION — A
PARTIAL MAIN OF TWO I14CIIES IN DIAMETER.
BUILDING OFFICIAL MINES INFORMED COUNCIL THAT HE WOULD.
RECOMMEND A FIRE HYDRANT IN THE SITE PLANS FOR COSTA DEL SOL.
THIS WOULD SOMEWHAT ASSIST THE HOLMAN ROAD AREA.
MR. NICHOLAS MOVED TO APPROVE INSTALLATION OF THE THREE
HYDRANTS THAT THE FIRE DEPARTMENT HAD MARKED WITH ASTERISKS IN
THEIR MEMO, LOCATED AS FOLLOWS:
MAGNOLIA AND MADISON AVENUES
WASHINGTON AND MAGNOLIAAVENUES
JACKSON AND RIDGEWOOD AVENUES
MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED ON THE
FIRE DEPARTMENT FINDINGS IN THE UNINCORPORATED AREA SOUTH OF THE
CITY. MAYOR RUTHERFORD SUGGESTED THAT THE CITY OR FIRE DEPARTMENT
TRANSMIT THIS I`IFORMATION TO THE COUNTY. MAYOR RUTHERFORD ALSO
SUGGESTED THAT ACTION BE TAKEN FOR PORT AREAS LACKING HYDRANTS.
MOTION ON THE FLOOR CARRIED UNANIMOUSLY.
SUGGESTION WAS MADE TO WORKSHOP, AT A LATER DATE, THE SETTING
OF LINE, SIZES.
ITEM 5. MOTION RE: NIERICAN HEART ASSOCIATION REQUEST TO
CONDUCT HEART FUND DRIVE
MRS. CALVERT MOVED TO MAKE A DONATION TO THE HEART FUND IN
THE AMOUNT OF THEIR PAID OCCUPATIONAL LICENSE. MR. WINCHESTER
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: COMBL"7ING DECEMBER 30 WORKSHOP WITH
JANUARY d, 1983 REGULAR MEETING
MRS. CALVERT MOVED TO COMBINE THE DECEMBER 30, 1982 WORKSHOP
WITH THE JANUARY' d, 1983 REGULAR MEETING. MR. WINCHESTER SECONDED
MOTION. ,MOTION CARRIED UNANIMOUSLY.
ITEM 7. DISCUSSION RF.: TIME SCHEDULE FOR ADOPTION OF NEW
ZONING ORDINANCE
COUNCIL HAD BEFORE THEM A SCHEDULE THAT ATTORNEY SCOTT HAD
DRAFTED SETTING OUT THE STEPS FOR ADOPTING THE NEW 'ZONING ORDINANCE.
CITY COUNCIL MEETING
DECEMBER 21, 1982
PAGE 5 OF 6
DISCUSSION FOLLOWED ON THE SCHEDULE. ATTORNEY, SCOTT SUGGESTED
THAT A RESOLUTION DE PLACED ON THC JANUARY d, 1983 MEETING AGENDA
AND AN ADVERTISEMENT COULD DE PREPARED FOR THAT TIME. COUNCIL
DECIDED TO WAIT. UNTIL THAT TIME TO TAKE ACTION ON THIS SUBJECT.
DISCUSSION
SUGGESTION WAS MADE TO WORKSHOP WATER MAINS AND SEWER RATES
FOR JANUARY 13, 1983.
THE MEETING WITH THE PORT WAS DISCUSSED. MR. SCOTT REPORTED
THAT THE PORT WOULD ADDRESS THE ISSUE OF MEETING WITH THE CITY AT
THEIR JANUARY 12 MEETING.. A SUGGESTION WAS MADE TO MEET WITH THE
PORT ON JANUARY 26 IN THE EVENING. COUNCIL AGREED WITH THE
POTENTIAL DATE OF WEDNESDAY, JANUARY 26, 1983..
THE PROBLEM OF COMMERCIAL FISHERh1EN COMING INTO A CANAL IN THE
'CITY WITH THEIR NETS WAS DISCUSSED. IT WAS DECIDED. TO PLACE THIS
SUBJECT ON THE WORKSHOP OF JANUARY 13.
MR. SCOTT REPORTED ,THAT THE AUDITORS HAD 'INFORMED HIM THAT
THERE WOULD BE NO COMMENTS ON EITHER THE AUDITORS RECOMMENDATIONS
FOR INTERNAL MANAGEMENT OR THE LETTER TO THE AUDITOR GENERAL.
TIIERC BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 8:42PM..
APPROVED THIS A DAY OF January , 1983.
��4h1A OR
CITY CLERK
CITY COUNCIL MEETING
DECEMBER 21, 1982
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