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HomeMy WebLinkAboutMinutes 01-18-1983CITY COUNCIL REGULAR MEETING JANUARY 18, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF TIIE CITY OF CAPE CANAVERAL, FLORIDA WAS, HELD ON. JANUARY 18, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR NAYNE RUTHERFORD AT 7:3217:1. INVOCATION AND PLEDGE Or ALLEGIANCE WAS LED BY MAYOR RUTHERFORD. TIIE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT :SERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT AND J. 4:INCIIESTER; CITY ATTORNEY/MANAGER J. SCOTT AND CITY CLERK P. BEAULIEU. COUNCIL- WOMAN HARRIS WAS ABSENT. COUNCILMAN NICHOLAS ARRIVED AT THE MEETING AT 7:35PM. NRS. CALVERT MOVED TO NAIVE THE READING OF THE MINUTES OF JANUARY .1, 1983. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINIS9ED BUSINESS ITEM 1. ORDINANCE 110. 1-83 RES PROIIIDITING COMMERCIAL 'FISHING WITH NETS WITHIN CANALS IN THE CITY LIMITS (SECOND READING AND PUBLIC HEARING) MAYOR RUTH:^FORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROHIBITING THE TAKING OF FISH FROM ALL SALT PATER CANALS BY MEANS OTHER THAN HOOK AND LINE OR CAST NET THROWN BY HAND, PROVIDING FOR PENALTIES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD PROCEEDED TO ROAD SECTION 608.01 AND 603.05 OF THE ORDINANCE. MR. WINCHESTER MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 83-2 R..^.: VACATING PORTION OF BOOTH' COURT BETWEEN TRACT'. 11 AND 13, CHANDLER PARK REPLAT - PETITIONER COLETTE CANNON FOR SAND IN TIIE SHOES (PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: COUNCIL MINUTES 1-18-83 PAGE 1 OF 7. A RESOLUTION VeACATING A PORTION OF THE EAST—WEST PORTION OF BOOTH COURT WITHIN THE CITY Or CAPE .CANAVERAL. FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD DESCRIBED THE LOCATION OF THE PROPOSED VACATION. NEITHER PROPONENTS NOR OPPONENTS SPOKE REGARDING TRIS PUBLIC REARING. AT TIIIS TIME, COUNCILMAN NICHOLAS ARRIVED AT THE MEETING. MRS. CALVERT MOVED FOR ADOPTION. MR. NICHOLAS SECONDED ' MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO. 2-83. RE: REPEALING COMPREHENSIVE ZONING REGULATIONS CODE CHAPTER 630 AND ESTABLISHING COMPREHENSIVE ZONING REGULATIONS CODE CHAPTER 631 FIRST READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS .FOLLOWS: AN ORDINANCE ESTABLISHING CODE CHAPTER 631 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA., ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF CAPE CANAVERAL, FLORIDA AND PROVIDING .FOR THE ADMINISTRATION. ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTES, AND THE CHARTER OF TIIE. CITY OF CAPE CANAVERAL; FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH;. PROVIDING AN EFFECTIVE DATE. IT WAS. EXPLAINED THAT THIS PROPOSED ZONING, ORDINANCE WAS DRAFTED SO THAT IT WOULD BE IN AGREEMENT WITH THE CITY'S COMPRE— HENSIVE PLAN WHICH HAD BEEN ADOPTED SOME TIME AGO IN COMPLIANCE WITH STATESTATUTES. MR. NICHOLAS MOVED TU APPROVE FIRST READING. MR. i.INCHESTCR SECONDED MOTION. APPROXIMATELY. FORTY (40) PEOPLE WERE IN ATTENDANCE REGARDING TIIIS PUBLIC REARING. SEVERAL COPIES OF THE PROPOSED ZONING ORDINANCE WERE AVAILABLE FOR THEIR USE. THE PROPOSED ZONING MAP AND A CURRENT ZONING MAP WERE ALSO ON EXHIBIT FOR THE BENEFIT OF THE CITIZENS.' MR. BOB FAWCETT, OWNER OF T:IREE LOTS ON THE WEST CORNER OF MADISON AND POINSETTA, INFORMED COUNCIL THAT HE WOULD LIKE, TO BE ABLE TO USE THESE LOTS FOR DUPLEXES OR TRIPLEXES AND WOULD BE RESTRICTED FROM TIIIS USE WITH THE PROPOSED ORDINNACE DUE TO THE. COUNCIL MINUTES 1-18-83 PAGE 2 or 7. ELIMINATION OF PYRAMID ZONING. DISCUSSION FOLLOWED REGARDING THE FACT TNAT A CONSIDERABLE AMOUNT OF RESIDENTIAL BUILDING WAS IN THE AREA WHICH NR'. FAWCETT WAS CONCERNED WITH. COUNCILMAN NICHOLAS SUGGESTED THAT SINGLE FAMILY OR DUPLEX USE BE ALLOWED BY SPECIAL EXCEPTION. IN ORDER TO KEEP FROM MIXING COMMERCIAL AND RESIDENTIAL. 'MR. ARTHUR BURNS, OWNER OF LOTS 1, 2 AND 3 OF BLOCK 9, ON EAST. CENTRAL, SUGGESTED ALLOWING MULTI -FAMILY BE BUILT IN C-1 IF IT ABUTS AGAINST RESIDENTIAL., MR. GEORGE ROGERS, OWNER OF BLOCK 7 ON S.R. 401 SPOKE IN FAVOR OF CONTINUING TO ALLOW RESIDENTIAL TO BE BUILT IN THE C-1 DISTRICT IN THE AVON AREA. MR. CAL COHERTY, MANAGER OF CAPE SHORES CONDOMINIUM, SPOKE INFORMING COUNCIL THAT THEY WOULD LIKE TO SEE C-1 CONTINUE TO ALLOW MULTIPLE FAMILY. MAYOR RUTHERFORD EXPLAINED THAT TUE LOCAL PLANNING AGENCY HAD SET ASIDE.A SECTION OF C-1 FOR SPECIFIC COMMERCIAL. USE IN THE HOPES THAT A SMALL SHOPPING CENTER MIGHT LOCATE IN THE CITY. MRS. CALVERT MOVED TO AMEND ORDINA"ICE 2-83 TO ALLOW MULTIPLE DWELLINGS IN C-1. MR. WINCHESTER SECONDED MOTION. DISCUSSION. FOLLOWED ON T11E AMENDMENT. MR. WINCHEOTER SUGGESTED THAT SINGLE FAMILY BE INCLUDED IN THE .POTION DUE TO THE FACT THAT SINGLE FAMILY RESIDENCES WERE IN THE ,AREA AND IN THE EVENT OF. FIRE OR HURRICANE WOULD NEED TO BE REBUILT. DISCUSSION FOLLOWED. MRS. CALVERT CHANGED HER AMENDMENT TO READ: "THE SAME ALLOWABLE USES AS IN R-2." THE CHANGE WAS ACCEPTED BY MR. 77INCHESTER. AT THIS TIME, THE PLANNING AND. ZONING/LOCAL PLANNING AGENCY MEMBERS IN ATTENDANCE WERE ASKED WHETHER'OR NOT TIIEY HAD ANY COMMENTS. MR. THURN AND LAMAR RUSSELL SPOKE. NEITHER MEMBER SPOKE IN OPPOSITION TO PYRAMID ZONING IN C -1 - COUNCIL MINUTES 1-18-83 PAGE 3 OF 7. MR. WILLIAM BENNIX QUESTIONED THE USES ALLOWED IN C-1 AREA. RE WAS INFORMED THAT THERE WAS A MOTION ON THE FLOOR TO RESTORE LIVING DWELLINGS BACK IN C-1 IN THE PROPOSED ORDINANCE. AT THIS TIME THE VOTE ON THE AMENDMENT WAS CALLED. AMENDMENT PASSED UNANIMOUSLY., MR.. BENNIX QUESTIONED R-2 AND R-3 AREAS AND WAS INFORMED THAT THE BASIC DIFFERENCE WAS HEIGHT. THE AUDIENCE WAS ASKED WHETHER OR NOT THEY HAD ANY ADDITIONAL QUESTIONS ON THE PROPOSED ORDINANCE. MR. JAMIESON ASKED WHETHER OR NOT RE COULD REBUILD RIS HOME IN THE EVENT OF '.A FIRE. RE WAS INFORMED THAT SINCE. HIS PROPERTY (OAK LANE) WAS PROPOSED FOR R-2 IT WOULD. BE ALLOWABLE. MR. BENNIX EXPRESSED RIS OPPOSITION TO THE PROPOSED CHANGE OF ZONING NEST OF 401 (NORTH OF NEST CENTRAL) FROM C-2 TO R-2. THE MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING OF PROPOSED ZONING ORDINANCE 2-83 PASSED UNANIMOUSLY. TUE AUDIENCE WAS INFORMED THAT SECOND READING OF THE ORDINANCE WOULD BE ON FEBRUARY 1, 1983. ITEM 2. RESOLUTION NO. 83-3 RE: AUTHORIZATION TO ADVERTISE ANNEXATION OF LOTS 9, 10, 11 & 12, BLOCK 73, AVON- BY-TIIE-SGA, PETITIONER PORTER BALL, PRESIDENT, DECOR PLAZA MAYOR RUTHERFORD READ THE TITLE OF THE .RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE CITY CLERKOF THE CITY OF CAPE CANAVERAL, FLORIDA TO ADVERTISE, FOR THE ANNEXATION. OF LOTS. 9, 10, 11 & 12, BLOCK 73, AVON -BY -THE -SEA; DETERMINATION THAT ANNEXATION IS APPROVED BY ALL PROPERTY OWNERS; REQUIRING PETITIONER TO PAY FOR ADVERTISEMENT; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED REGARDING, SEWER TAP -IN FEE. BUILDING OFFICIAL NINES INFORMED COUNCIL THAT THE CONSTRUCTION PLANS OF MR. BALL INCLUDED SEWER FACILITI^S IN THE BUILDING CURRENTLY WITHIN THE CITY LIMITS. (LOTS 1, 2 & 3, BLOCK 73) IT WAS NOTED THAT THE ZONING WOULD BE C-1 IN THE PROPOSED ANNEXATION. VOTE ON THE MOTION ON THE FLOOR 'WAS UNANIMOUS. COUNCIL MINUTES 1-18-83 PAGE 4 OF 7. ITEM 3. RESOLUTION NO. 83-4 RE: APPOINTMENT OF PLANNING AND ZONING BOARD MEMBER MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION APPOINTING MR. CHARLES MILLIKAN TO THE PLANNING AND ZONING BOARD. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. MR. WINCHESTER MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: CURBING' BID MAYOR RUTHERFORD EXPLAINED THAT THE CITY HAD RECEIVED TWO BIDS. FOR REPLACING THE CURBING IN AND 'AROUND CENTRAL AVENUE. THE. TWO BIDDERS WERE AS FOLLO�7S: EVANS CONSTRUCTION $15,234.00 AARDVARK PAVING $17,753.00 MAYOR RUTHERFORD MOVED TO ACCEPT THE LOW BID OF $15,234.00. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: AUTHORIZATION FOR CITY MANAGER TO ATTEND ANNUAL LEGISLATIVE CONFERENCE IN TALLAHASSEE MAYOR RUTHERFORD MOVED TO AUTHORIZE CITY MANAGER SCOTT'S, ATTENDANCE AT THE ANNUAL LEGISLATIVE CONFERENCE IN TALLAHASSEE. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEN G. MOTION RE: SELECTION OF ADMINISTRATIVE REVIEW ATTORNEYS THE FOLLOWING WERE THE NAMES CHOSEN BY THE COUNCIL MEMBERS' PRESENT: MAYOR RUTHERFORD - JOHN ANTOON JOAN CALVERT - BILL CLIFTON LEO NICHOLAS - JIM THERIAC JOHN WINCHESTER.- BILL WELLER MR. SCOTT INFORMED COUNCIL THAT HE WOULD ,CONFER WITH MRS.. HARRIS TO MAKE CERTAIN HER CHOICE.. MR. NICHOLAS MOVED TO SUBMIT THE NAMES AS ADMINISTRATIVE REVIEW ATTORNEYS. MRS. CALVERT SECONDED MOTION., MOTION. CARRIED. UNANIMOUSLY. ITEN 7. MOTION RE: SETTLEMENT OF LAWSUIT MAYOR RUTHERFORD EXPLAINED THAT THIS ITEM HAD TO DO WITH A FORMER EMPLOYEE INDICATING THAT SHE WAS PLANNING TO TAKE THE CITY COUNCIL MINUTES 1-18-83 PAGE 5 OF 7. TO COURT ON CHARGES OF SEXUAL RARRASSNENT AND SEXUAL DISCRIMINATION. AT THE COUNCIL'S LAST FLEETING THE SUBJECT CAME UP DUE TO THE -- THAT THE. GRIEVANT HAD OFFERED TO SETTLE OUT OF COURT. HOWEVER, COUNCIL HAD REJECTED THE OFFER. MR. SCOTT EXPLAINED THAT SINCE THE LAST MEETING RE HAD A DISCUSSION WITH MRS. CALVERT ON THIS SUBJECT. RE RELATED TO COUNCIL THAT HER MAIN CONCERN WAS THE ALLEGATION OF SEXUAL HARASSMENT. MRS. CALVERT. HAD REQUESTED THAT MR. SCOTT CONTACT THE GRIEVANT'S ATTORNEY TO SEE WHETHER OR NOT THEY WOULD BE WILLING TO ELIMINATE THAT ALLEGATION. IF THEY AGREED, MRS. CALVERT HAD INFORMED MR. SCOTT THAT SHE WOULD CONSIDER RECONSIDERATION OF THE MATTER. MR. SCOTT SPOKE TO ATTORNEY POPP, WHO, SAID HE WAS WILLING TO DO THAT, HOWEVER, HE, WAS UNWILLING TO MAKE AN OFFER. MR. POPP REQUESTED THAT THE CITY FLAKE THE OFFER AND HE WOULD PASS IT ON TO HIS CLIENT. DISCUSSION FOLLOWED ON THE EXPUNGING OF THE RECORD AND THE DROPPING OF THE SEXUAL HARASSMENT CHARGE. THE EXTENSIVE COSTS OF THIS TYPE OF SUIT WERE BROUGHT OUT DURING DISCUSSION. ATTORNEY SCOTT RECOMMENDED SETTLEMENT. f(E POINTED OUT THAT THE ADMINISTRATIVE REVIEW WOULD ONLY DETERMINE WHETHER OR NOT THE EMPLOYEE WAS FIRED FOR JUST CAUSE. FIR. NICHOLAS MOVED TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE .WITH THE ATTORNEY FOR THE GRIEVANT FOR ASUM NOT TO .EXCEED $2,300.00 PROVIDED THAT THE GRIEVANT AGREE NOT TO FILE CIIARGES OF SEXUAL HARASSMENT OR SEXUAL DISCRIMINATION AGAINST THE CITY. MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT, MR. NICHOLAS AND MAYOR RUTHERFORD. OPPOSED, MR. WINCHESTER. MOTION CARRIED. ITEM 8.. MOTION RE: MERIT INCREASES FOR DEPARTMENT HEADS MR. SCOTT WAS RECOMMENDING MERIT INCREASES FOR THE FOLLOWING DEPARTMENT IIEADS:. ELFY QUINN 58 JIM HINES 3% NANCY HANSON 3% LYLE WALTEMIRE 3% PAT BEAULIEU 3% COUNCIL MINUTES 1-18-B3 PAGE 6 OF 7. I MAYOR RUTHERFORD MOVED TO APPROVE THESE RECOMMENDATIONS. MRS. CALVERT SECONDED. MR. NICHOLAS MOVED TO GRANT 58 FOR LYLE WALTEMIRE DUE TO THE DOUBLING OF THE WASTEWATER TREATMENT PLANT'S WORK FORCE AND ITS EXPANSION. NO SECOND FOR .THE MOTION. VOTE ON THE MOTION ON THE FLOOR WAS UNANIMOUS. DISCUSSION MR. SCOTT INFORMED COUNCIL THAT HE WOULD HAVE REVISIONS TO THE PERSONNEL POLICY FOR. THE SECOND WORKSHOP (FEBRUARY 70). BUILDING OFFICIAL JIM BINES OFFERED TO LOOK INTO COMPLAINT THAT A SKATEBOARD RAMP HAD BEEN CONSTRUCTED IN TUE JACKSON AVENUE AREA. MR. SCOTT REMINDED COUNCIL THAT FLECKINGER'S CONTRACT WILL EXPIRE AT TUE END OF APRIL, 1983. JOHNSON L. MURPHY, JR. WAS IN TUE AUDIENCE AND SPOKE TO COUNCIL REGARDING TUE MATTER OF TUE LAWSUIT (ITEM 7).. MR. MURPHY SUGGESTED THAT COUNCIL CONSIDER REQUESTING MINT TUE CITY MANAGER WRITE A LETTER TO. THE SUPERINTENDENT OF TUE WASTEWATER TREATMENT PLANT EXPLAINING TUE REASONS. FOR COUNCIL'S ACTION AT THIS MEETING. RE ALSO SUGGESTED THAT A COPY OF TUE LETTER BE PLACED IN TUE SUPERINTENDENT'S PERSONNEL FILE. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:30 P.M. APPROVED THIS BAY OF _C l"-l<IU-� L ,,1983. 1. MA] R � Il -rt 1 CITY CLERK COUNCIL MINUTES 1-18-83 PACE 7 OF 7.