HomeMy WebLinkAboutMinutes 03-15-1983CITY COUNCIL
REGULAR MEETING
MAp,CIl 15, 1903
A REGULAR MEETING OF TBC CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA WAS HELD ON MARCR 151 1983 AT CITY HALL, 105
POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR WAYNE RUTHERFORD AT
7:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR RUTHERFORD -
THE ROLL WAS CALLED BY, TUE CITY CLERK.. OFFICIALS PRESENT
WERE MAYOR. W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. NICHOLAS
AND J. WINCHESTER. ALSO PRESENT, WERE CITY ATTORNEY/MANAGER J. SCOTT
AND CITY CLERK P. BEAULIEU. COUNCILWOMAN HARRIS WAS OUT OF TOWN ON
VACATION.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
MARC11 1, 1983. MR. WINCIIESTER SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
UNFINISHED BUSINESS 10, 11 S 12,
ITEM 1. ORDINANCE NO. 3-83RE: ANNEXING LOTS 9,
' BLOCK 73, AVON-OY-THE-SEA (SECOND READING AND PUBLIC
HEARING)
MAYOR RUTHERFORD READ THE TITLE OF TIIE ORDINANCE AS FOLLOWS:
AN ORDINANCE ANNEXING LOTS 9, 10, 11 & 12 OP BLOCK
73, AVON-DY-TIIE-SEA, INTO TIIE.CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD EXPLAINED THAT THIS ANNEXATION BORDERED ON
THE EAST SIDE OF AIA AND EXTENDED A PORTION OF THE CITY'S BOUNDARY
APPROXIMATELY. ONE-HALF BLOCK ON THE SOUTH. MRS. CALVERT MOVED
FOR ADOPTION. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY. ORDINANCE NO. 3-83ADOPTED 'ON SECOND READING.
ORDINAUBLICREADINGAND
ON
NPROPEP.TY 9SECOND,DTPUBLICEIS
ITEM 2• PICARING)
LE OF TIIE ORDINANCE AS FOLLOWS:
MAYOR RUTHERFORD READ THE TIT
610 "DISPOSITION
OF ABANDONED,INANCEAMENDING FOUND ANDOVALIDLYT SEIZED PROPERTY",
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING
SECTION 610.02 IN ITS ENTIRETY AND REPLACING IT WITH
SECTION 610.02 ASREFLECTED BELOW, PURSUANT TO FLORIDA
STATUTES; REPEALING
ALLEPORTIONSFECTIVE OF THE, CODE IN CONFLICT
HEREWITH
PROVID
CITY COUNCIL MEETING MINUTES
.,ARCH 15, 1983
PAGE 1 OF 7
MAYOR RUTHERFORD EXPLAINED THAT TIIIS ORDINANCE BASICALLY
INCORPORATED A SECTION OF FLORIDA STATUTE, 705.16, WHICH HAS TO
DO WITH ..ABANDONED PROPERTY. IT SPECIFICALLY ALLOWED THE CITY
TO DEAL WITH ABANDONED CARS ON BOTH PUBLIC AND PRIVATE PROPERTY.
NRS. CALVERT MOVED FOR ADOPTION.. MR. WINCHESTER SECONDED MOTION.
DISCUSSION FOLLOWED REGARDING THE APPOINTMENT OF AN ENFORCEMENT
OFFICER FOR THE ORDINANCE. ATTORNEY SCOTT EXPLAINED THAT HE WOULD
BE MAKING A RECOMMENDATION AS FAR AS THE APPOINTMENT OF AN ENFORCEMENT
OFFICER WITHIN THE NEXT FEW WEEKS. THE SUBJECT OF TOWING SERVICES
WAS ALSO DISCUSSED. ATTORNEY SCOTT EXPLAINED THAT HE HAD SPOKEN TO
INDIVIDUALS ON T11IS SUBJECT. HE EXPLAINED THAT MR. ALKIRE HAD AGREED
TO TOW THE CARS AND HOLD. THEM WITH NO STORAGE FEE IF HE WERE ALLOWED
TO KEEP THE VEHICLES. HOWEVER, HE DID REQUEST. THAT A SHERIFF'S
DEPUTY ACCOMPANY HIM WHEN THE VEHICLES WERE PICKED UP.
VOTE ON THE MOTION ON THE FLOOR PASSED. UNANIMOUSLY.
ITEM 3. ORDINANCE'NO. 6-83 RE: ESTABLISIIINC OP h1INIMUM WATER
P)rAIN LINE SIZE FIRST READING AND PUBLIC fIGARING
POSTPONED MARCH 1, 198
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE CITY CODE CHAPTER 417 ENTITLED
WATER SERVICE, BY THE ADDITION OF SECTION 417.25,
"I4INIMUM WATER MAIN SIZE"; REPEALING ALL PORTIONS OF
TIE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MAYOR RUTHERFORD EXPLAINED THAT TIIIS ORDINANCE WOULD SET THE
MINIMUM WATER h1AIN SIZE. THE REASON WAS PRIMARILY FOR FIRE PROTECTION.
MR. SCOTT EXPLAINED THAT THE FIRE DEPARTMENT HAD RECO2II4ENDED
8-INCII LINES, BUT THE CITY OF COCOA FELT THE EXPENSE OF THE 8-INCII
LINES UNREASONABLE. IIE,FURTHER NOTED THAT CAPE CANAVERAL :IAS STILL
IN THE PROCESS OF NEGOTIATING WITH COCOA AND MR. SCOTT FELT THAT A
COMPROMISE S•]OULD BE 6-INCH LINES WITH THE RECOMMENDATION THAT WHERE-
EVER POSSIBLE, AN 8-INCH LINE BE INSTALLED. FURTHER DISCUSSION
FOLLOWED 0:1 THE SIZE OF THE WATER BLAINS AND THEFRANCIIISE AGREEMENT
WITH COCOA.
MAYOR RUTHERFORD 140VED. TO APPROVE FIRST READING. MR. NICHOLAS
SECONDED MOTIOP, MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING MINUTES
M• NRCII 15, 1983
PAGE 2 OF 7
ITEt•i 4. RESOLUTION NO. 83-9 RE: ADOPTION OFREVISED
.OFFICIAL ZONING BLIP POSTPONED 6WRC11
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ADOPTING AN UPDATED ZONING
MAP; PROVIDING AN EFFECTIVE DATE.
TIIIS RESOLUTION HAD BEEN POSTPONED AT THE LAST MEETING IN
ORDER FOR. THE NEW ZONING .LIP TO ENCOMPASS THE PROPERTY WRICH WOULD
BE ANNEXED ON ORDINANCE N0. 3-83.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY..,
ITEM 5. RESOLUTION N0. 83-11 RE: REQUEST TO VACATE ALLEYWAY
AND RELOCATE EASEMENT ON LOTS 0, 14 6'15, AVON -BY -
THE -SEA POSTPONED I•tARC
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING FOR THE VACATION OF A PORTION OF TIE
ALLEYWAY AND UTILITY EASEMENT LOCATED BETWEEN
JOHNSON AVENUE AND LINCOLN AVENUE; AUTHORIZING
CITY CLERK TOADVERTISE SUCH PUBLIC HEARING;
PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR THE RESOLUTION. MR. WINCHESTER
SECONDED MOTION.
MAYOR RUTHERFORD POINTED OUT THE MAP ON EXHIBIT DEPICTING
THE UTILITY EASEMENT AS IT WAS PROPOSED TO BE CHANGED.
MR. SCOTT INFOP14ED COUNCIL THAT A LONG-TIME RESIDENT HAD.
REMEMBERED THAT THE ALLEYWAY BEHIND LOT 11 HAD BEEN VACATED. HE
.POINTED OUT THAT. IF TIIIS .PROVED TO BE A FACT, THEN LOT 12 WOULD'
BE LANDLOCKED.
,DISCUSSION FOLLOWED. IT .WAS NOTED THAT TIIIS RESOLUTION
WOULD ONLY ADVERTISE A PUBLIC HEARING ON THIS SUBJECT FOR APRIL
19, 1983..
MR. BOWMAN, REPRESENTING THE DEVELOPER OF LOTS 10, 14 6 15,.
WAS IN ATTENDANCE AND SPOKE TO COUNCIL REGARDING THE STATUS OF
WHETHER OR NOT TIIIS ALLEYWAY HAD BEEN VACATED IN TUE PAST.
CITY ATTORNEY SCOTT INFORI•IED COUNCIL THAT HE WOULD LOOT:
FURTHER INTO THE .STATUS OF THE ALLEYWAY AND REPORT TO COUNCIL
ON THIS SUBJECT AT NEXT 190RKSHOP- MRS. CALVERT REQUESTED THAT
ALL PERSONS AFFECTED BY THE VACATING OF THE ALLEYWAY BE NOTIFIED,
VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING MINUTES
MARCII 15, 1983
PAGE OF 7
NEW BUSINESS
ITEM I. CRITERIA FOROCITY'S35TREETR ISPROVENASSESSMENT
ENT
MAYOR RUTHERFORD, REBID THE TITLE OF THE RESOLUTION, AS FOLLOWS:
A RESOLUTION PRESCRIBING. ASSESSMENT CRITERIA
TO BE USED IN ASSESSING ABUTTING LAND OWNERS
UNDER THE CITY'S STREET IMPROVEMENT ASSESSMENT
PROJECT; ESTABLISHING METHOD OF PAYMENT;PRO-
VIDING AN EFFECTIVE DATE.
ATTORNEY SCOTT REVIEWED THE ASSESSMENT CRITERIA AS STATED
IN THE RESOLUTION.
COUNCIL HAD BEFORE THEM A COMPARISON OF INTEREST RATES FROM
.FOUR LOCAL BANKS. FOR BORROWING $55,000 FOR THREE YEARS FOR THIS
PAVING PROJECT. IT WAS NOTED THAT COUNCIL WOULD BE WORKSHOPPING
THE SUBJECT OF THE TENTATIVE LOAN FOR, THIS PROJECT.
MR. NICHOLAS MOVED FOR ADOPTION OF THE RESOLUTION. MR.
WINCHESTER SECONDED MOTION.
FURTHER DISCUSSION FOLLOWED ON THIS REPAVING PROJECT.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION
N0. 83-13 CARRIED UNANIMOUSLY.
ITEM 2. RESOLUTION NO. B3-14 RE: AGREEMENT BETWEEN CITY
AND BRCVARD COUNTY FOR LIFEGUARD SERVIC65
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA, TO. ENTER INTO AN AGREEMENT WITH THE BOARD
OF COUNTY COMl4ISSIONERS OF BREVARD COUNTY, FLORIDA,
TO PROVIDE LIFEGUARD SERVICE FOR TIIE CITY O£ CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION., MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITE14 3. REOLUNIOON NATIONAL 83-15 RE: AUTHORIZING RENEWAL OF LOAN
I
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS;.
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA TO RENEW A LOAN WITH UNITED NATIONAL BANK
FOR THE PURCHASE OF BLOCK 47 AVON-BY-TIIE-SGA
SUBDIVISIONS; AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE NECESSARY LOAN DOCUMENTS TO RENEW THAT
LOAN; BY PLEDGING CERTAIN FRANCHISE FEES AS COLLATERAL
FOR SAID LOAN; DY PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. i4RS. CALVERT SECONDED MOTION-
MOTION CARRIED
OTION-MOTIONCARRIED UNANIMOUSLY.
CITY COUNCIL MEETING MINUTES
MARCH 15, 1983
PAGE 4 OF 7
LBOURNE
ITEM 4. OBJECTIONNTOOESTABLIS{RI tENTUOF FEESGATESEBASTIAN
INLET STATE PARK
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA,
IN SUPPORT OF THE CITY OF MELBOURNE'S RESOLUTION NO.
804, OBJECTING TO THE ESTABLISHMENT OF ENTRANCE FEES
AT SEBASTIAN INLET STATE PARK; PROVIDING AN EFFECTIVE
DATE.
MR. WINCHESTER MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION.. MOTION CARRIED UNANIMOUSLY.
ITEM 5. RESOLUTION NO. 83-17 RE: AMENDMENT TO SHERIFF'S CONTRACT
MAYOR RUTHERFORD READ TUE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO AN AMENDMENT. TO AN AGREEMENT WITH THE
BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE ADDITIONeAL
MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING AN EFFECTIVE DATE.,
MRS. CALVERT MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION.
MAYOR RUTHERFORD EXPLAINED THAT THIS AMENDMENT TO THE SHERIFF'S
CONTRACT WOULD ADD AN ADDITIONAL DEPUTY FOR 8—HOURS ON FRIDAY,
SATURDAY AND SUNDAY EVENINGS OF EACH WEEK.
CAPTAIN, WILSON,. OF THE BREVARD COUNTY SHERIFF'S DEPARTMENT
WAS IN ATTENDANCE. AND SPOKE TO COUNCIL REGARDING THE EXTRA DEPUTY.
CAPTAIN WILSON WAS RECOMMENDING THAT COUNCIL CONSIDER A CORPORAL
FOR THIS EXTRA DEPUTY WI1O COULD ACT AS A WORKING SUPERVISOR. THE
COST OF THE CORPORAL FOR THREE DAYS FOR SIX MONTHS, UNTIL THE END
OF THIS FISCAL YEAR, WOULD DE $6,988.80. DISCUSSION FOLLOWED
ON THE NUMBER AND TYPE OF CALLS THAT THE SHERIFF'S DEPARTMENT
RECEIVES IN THE CITY.'
FURTHER. DISCUSSION FOLLOWED ON THE DOLLAR AMOUNT TO BE ADDED
TO THE RESOLUTION. IT WAS DECIDED TO PLACE THE FIGURE OF $7,000
FOR THE 3—DAY A WEEK CORPORAL AND SUBMIT THE RESOLUTION WITH THIS
FIGURE To THE SHERIFF FOR APPROVAL.
VOTE ON THE MOTION ON THE, FLOOR FOR ADOPTION OF RESOLUTION
NO: 83-17 PASSED UNANIMOUSLY.
CITY COUNCIL MEETING MINUTES
MARCH 15, 1983.
PAGE 5 OP 7
ITEM G. DISCUSSION RE: AUTHORIZATION FOR DIAMOND GINNY'S TO
HOLD OUTDOOR CONCERT
ATTORNEY SCOTT EXPLAINED THAT MR. JIM MORGAN HAD REQUESTED
AUTHORIZATION TO PROCEED WITH THE PLANNING OF TWO OUTDOOR CONCERTS.
MR. MORGAN WAS IN ATTENDANCE AND SPOKE TO COUNCIL ON THE
SUBJECT EXPRESSING HIS DESIRE TO COMPLY WITH COUNCIL REQUIREMENTS
AS FAR AS SANITARY FACILITIES AND TRASH CONTAINERS.HE OFFERED TO
PAY THE CITY FOR THE EXTRA, POLICE FOR TRAFFIC CONTROL. HE FURTHER
EXPLAINED THAT ONE OF THE EVENTS WAS FOR THE POLICE BENEVOLENT
ASSOCIATION. MR. MORGAN ESTIMATED 5,000 TO 7,000 PEOPLE, FOR THE
EVENTS.
DISCUSSION BETWEEN COUNCIL AND MR. MORGAN FOLLOWED. THE FIRST
CONCERT WOULD BE SOMETIME IN EARLY MAY OR .LATE APRIL, AND WOULD TAKE
PLACE DURING THE DAYTIME. DURING DISCUSSION IT WAS POINTED OUT
THAT THE CITY DID NOT HAVE AN ORDINANCE COVERING THE SUBJECT OF
OUTDOOR CONCERTS.
MR. SCOTT SUGGESTED THAT HE AND MR. MINES COME UP WITH
.RECOMMENDATIONS AND HAVE MR. MORGAN REVIEW THEM, THEN PRESENT THEM
TO COUNCIL AT NEXT WORKSHOP. COUNCIL AGREED TO GIVE MR. MORGAN THE
GO AHEAD WITH THIS FIRST CONCERT AND IN THE MEANTIME COUNCIL WOULD
PURSUE AN ORDINANCE ON THIS SUBJECT.
DISCUSSION
MRS. CALVERT REQUESTED THAT MR. SCOTT ANSWER THE LIBRARY BOARD'S
RECENT. LETTER QUESTIONING THE STATUS OF THE CARPETING FOR THE LIBRARY.
MR. SCOTT REPORTED THAT SHUFORD MILLS HAD OFFERED THE CITY 400 YARDS
OF CARPET FOR $2.50 PER YARD FOR THE CARPETING OF THE LIBRARY.
MR. SCOTT WILL INFORM THE LIBRARY OF THIS, OFFER.
MR. SCOTT INFORMED COUNCIL THAT THE CITY OF HOLLY HILL'S
ORDINANCE ON THE SUBJECT OF BOTTLE CLUBS APPEARED SOUND AND IF COUNCIL
WISHED TO HAVE BOTTLE CLUBS KEEP THE SAME HOURS AS BUSINESSES HOLDING
ALCOHOLIC BEVERAGE. LICENCES, IT WOULD PRESENT NO PROBLEM. MR.
NICHOLAS REQUESTED THAT A COPY OF THE ORDINANCE BE AVAILABLE AT NEXT
WORKSHOP.
CITY COUNCIL MEETING MINUTES
MARCH 15, 1983
PAGE 6 OF 7
DEAN RUTLEDGE, OWNER OF THE LAMP POST LOUNGE, WAS IN
ATTENDANCE AND SPOKE TO COUNCIL OBJECTING TO BOTTLE CLUBS. MR.
RUTLEDGE ALSO BROUGHT UP THE SUBJECT OF THE 'CITY'S PRESENT ORDINANCE
PROHIBITING SALE OF BEER, WINE AND ALCOHOLIC BEVERAGES BETWEEN
7:00AM TO 1:00PM ON SUNDAY.
DISCUSSION FOLLOWED. MR. NICHOLAS MOVED TO .ADD AN ITEM TO
THE AGENDA, SUCH ADD-ON ITEM TO BE ENTITLED, "AMENDMENT TO CHAPTER
733 ALCOHOLIC BEVERAGE SALE REGULATIONS". MRS. CALVERT SECONDED
NOTION.MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS MOVED TO AMEND THE ORDINANCE AS FOLLOWS:
"THE HOURS REMAIN THE SAME, THE ONLY DIFFERENCE BEING
THAT ON SUNDAY MORNINGS FROM 7:00AM TO 1:0OPM, THE SALE
AND CONSUMPTION OF BEER AND WINE BE ALLOWED AND ,FOLLOWING
1:00PM, THE .SALE OF ADDITIONAL ALCOHOLIC BEVERAGES BE
ADDED TO THAT". SUBJECT MOTION TO BE IN THE FORM OF
FIRST READING, OF AN ORDINANCE.
DISCUSSION FOLLOWED REGARDING THE, ENFORCEMENT OF THE PRESENT
LAW.
VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. FIRST
READING OF ORDINANCE NO. 7-83 WAS APPROVED.
THERE BEING NO FURTHER BUSINESS,. MEETING ADJOURNED AT 9:03PM.
APPROVED THIS 5th _DAY OF*Al ,,1/
_1 io �P met \f '��'1_✓ �'¢�-t
CITY CLERK
CITY COUNCIL MEETING MINUTES
MARCH 15, 1983
PAGE 7 OF 7