HomeMy WebLinkAboutMinutes 04-19-1983CITY COUNCIL
REGULAR MEETING
APRIL 19, 1983
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, WAS HELD ON APRIL 19, 1983 AT CITY HALL,
105 POLK 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 BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. HARRIS,
L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE CITY ATTORNEY/
MANAGER J. SCOTT AND CITY CLERK P. BEAULIEU.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
APRIL 5, 1983. MRS. HARRIS SECONDED MOTION.'. MOTION 'CARRIED
UNANIMOUSLY.
AT THIS TIME, MAYOR RUTHERFORD ACKNOWLEDGED THE PRESENCE
OF THE CITY'S FINANCIAL ADVISOR, MITCHELL. OWENS OF HOUGH AND
COMPANY. MR. OWENS SPOKE TO COUNCIL REGARDING FINANCING OF THE
CITY'S $2,000,000 1981 SANITARY SEWER REVENUE CERTIFICATE ANTICI-
PATION NOTES WHICH WOULD BE COMING DUE ON JUNE 14, 1983.
'MR. OWENS INFORMED COUNCIL THAT HE WOULD BE WORKING WITH
THE CITY STAFF TO GATHER THE NECESSARY FIGURES AND WOULD BE
RETURNING TO. PRESENT ,HIS ANALYSIS AT THE NEXT WORKSHOP, APRIL
28, 1983.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 9-83 RE: REGULATION OF HOURS OF
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES;
DEFINITIONS; REGULATION OF NUDITY ON PREMISES;
PENALTIES SECOND READING AND 'PUBLIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE DELETING CODE CHAPTER 733 "ALCOHOLIC
BEVERAGE SALE REGULATIONS"IN ITS ENTIRETY AND RE-
PLACING IT WITH CHAPTER 733 "REGULATION OF SALE
AND CONSUMPTION OF ALCOHOLIC BEVERAGES"; DEFINING
"ALCOHOLIC BEVERAGES" AND "ESTABLISHMENTS DEALING
IN ALCOHOLIC BEVERAGES"; PROVIDING FOR THE HOURS
OF SALE AND CONSUMPTION; PROVIDING FOR PENALTIES;
REGULATING NUDITY ON PREMISES WHERE ALCOHOLIC '
BEVERAGES ARE OFFERED FOR SALE; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
CITY COUNCIL MEETING MINUTES
APRIL 19, 1983
PAGE 1 O 7
MR. NICHOLAS MOVED FOR ADOPTION. THERE BEING NO SECOND
TO THE MOTION, ORDINANCE NO. 9-83 FAILED ON SECOND READING.
ING CODE
TER
ITEM 2. RRDIALCO IOLOIC BEVERAGE SALE REGULATIONS Ap SECONDS
READING AND PUBLIC IIEAAING POSTPONED APRIL 51
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
'R 733
IC
SAN ALERREGULATZONSNDOFGTHEAPTP
CITY CODE OFCTHE LCITY EOF�GE
.01
CAPE CANAVERAL, FLORIDA BY DELETING SECTIONS 7
73 733•3.01 TIMENOFIIOPERATINGEIR EOF ESTABLI SFTY AND Bf 1ENTSNNOLDING SECTION
STATE BEVERAGE LICENSE REGULATED"; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT IIEREWITH; PROVIDING
AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED
'MOTION.
MAYOR RUTIIERFORD EXPLAINED THAT THIS ORDINANCE ALLOWED THE
SALE OF BEER AND WINE ON SUNDAY MORNINGS BETWEEN 7:00AM AND
1:00PM.
DISCUSSION FOLLOWED., VOTE ON THE MOTION CARRIED UNANIMOUSLY.
ORDINANCE NO. 7-83 ADOPTED.
TIVALS
ITERS 3• ORD ENTERTAINMENT83 SECOND READINGTSIDE OANDRPTS UBLICS HEARING)
MAYOR RUTHERFORD READ TIIE TITLE OF THE ORDINANCE AS FOLLOWS:
AN .ORDINANCE ESTABLISHING CODE CHAPTER Or "OUTSIDE
THE CITY
CONCERTS, FESTIVALS OR EN
CODE
PRO -
CODE OF ,THE CITY. OF CAPE, CANAVERAL,
VIDING FOR DEFINITIONS: REQUIRING OCCUPATIONAL
LICENSES; REQUIRING THE
CITY COUNCIL OF THE CITY OF
LICE SES,CANREQUIRING THE � TO ISSUE SPECIAL ENTERTAIN-
. sSUANCE
MENT. PERMITS AS A CONDITION PRECEDENT
STANDARDS
OF OCCUPATIONAL LICENSE;
AND CONDITIONS FOR THE ISSUANCE OF THE PERMITS;
ESTABLISHINGFEES; PROVIDING PENALTIES; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE..
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION.
DISCUSSION FOLLOWED. MRS. HARRIS MOVED TO AMEND IN SECTION
729.03, PARAGRAPH 8, BY ADDING THE JIORDS, "No EVENT SHALL BEGIN
BEFORE.10:00AM OR END AFTER 10:00Pt.1.11. MR. WINCHESTER, SECONDED
MOTION.
CUSSION FOLLOWED AND MRS.,CALVERT MOVED TO
FURTHER DIS
AMEND THE HOURS FROM 10:00AM tO 9:OOPM1 MR. NICHOLAS SECONDED
MOTION .
DISCUSSION FOLLOWED ON THE PROPOSED AMENDMENTS.
VOTE ON THE SECOND AMENDMENT FOR THE 10:00AM TO 9:OOPF1 HOURS
CARRIED UNANIMOUSLY.
CITY COUNC190t3EETING MINUTES
APRIL 19,
PAGE 2 OF 7
VOTE ON THE FIRST AMENDMENT, AS AMENDED, TO PLACE IN,
SECTION 729.03, PARAGRAPH 8, THE FOLLOWING WORDS, "NO EVENT
SHALL BEGIN BEFORE 10:OOAM OR. END AFTER 9:OOPM.", CARRIED UNANIMOUSLY..
VOTE ON THE MAIN MOTION FOR ADOPTION OF ORDINANCE NO. 8-83
CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. ORDINANCE NO. 10-83 RE: ESTABLISHING. CODE CHAPTER
505 RE: TOWNHOUSE REGULATIONS FIRST READING AND
PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING CODE CHAPTER 505
OP THE CITY CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ESTABLISHING TOWNHOUSE REGULATIONS;
PROVIDING FOR TOWNHOUSES AS PERMITTED USE IN.
R-2 AND R-3; PROVIDING FOR DEFINITIONS AS IN
CHAPTER 632.01 OF THE ZONING CODE OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING PROCEDURES
FOR APPLICATION FOR BUILDING PERMIT AND CERTIFICATE
OF OCCUPANCY; REGULATING AREA AND DIMENSIONS,
MINIMUM SETBACKS, OFF-STREET PARKING, UTILITY
DISTRIBUTION SYSTEM, AND DEVELOPMENT SCHEDULE;
PROVIDING FOR INDIVIDUALLY PLATTED LOTS,
VARIANCE PROCEDURES, SEVERABILITY AND PENALTIES;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MRS. HARRIS
SECONDED MOTION.
DISCUSSION FOLLOWED REGARDING THE DIFFERENCE BETWEEN
TOWNHOUSES, DUPLEXES AND CLUSTER HOMES.
DURING DISCUSSION COUNCIL SUGGESTED THAT PLANNING .AND ZONING
BOARD MEMBERS RE PRESENT AT COUNCIL'S NEXT WORKSHOP IN ORDER TO
FURTHER DISCUSS THIS PROPOSED ORDINANCE.
MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING CARRIED
UNANIMOUSLY.
'ITEM 2. ORDINANCE N0. 11-83 RE: LOCK BOX SYSTEM (FIRST
READING AND PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF, THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING "FIRE PREVENTION CODE" CHAPTER
G21 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY REQUIRING A PUBLIC SAFETY KEYBOX SYSTEM
FOR STRUCTURES REQUIRING FIRE DEPARTMENT ALARM
SYSTEMS; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
CITY COUNCIL, MEETING. MINUTES,
APRIL 19, 1983
PAGE 3 OF 7
MAYOR RUTHERFORD EXPLAINEDTHAT THE FIRE DEPARTMENT
RECOMMENDED TRIS ORDINANCE. IT WAS NOTED THAT THE PROPOSED
ORDINANCE PROVIDES FOR LOCK BOXES IN. CONDOMINIUMS SO THAT THE
FIRE DEPARTMENT WOULD NOT HAVE TO CARRY NUMEROUS KEYS WITH THEM.
THE LOCK BOX WOULD HOLD CURRENT KEYS FOR THE COMMON AREAS. THE
CONDOMINIUM OWNERS THAT HAVE BEEN CONTACTED ON THIS LOCK
BOX SYSTEM HAVE BEEN IN AGREEMENT.
MAYOR RUTHERFORD MOVED TO APPROVE FIRST READING. MR.
WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO. 12-83 RE: AMENDMENT TO OCCUPATIONAL
LICENSE ORDINANCE RE: PERMIT FOR OUTSIDE CONCERTS,
FESTIVALS OR ENTERTAINMENT FIRST READING AND
PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS. FOLLOWS:
AN ORDINANCE AMENDING CODE CHAPTER 721 "OCCUPATIONAL
LICENSES" OF THE CITY CODE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, BY PROVIDING FOR THE OCCUPATIONAL
LICENSE FEE FOR OUTSIDE CONCERTS, FESTIVALS OR
ENTERTAINMENT; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION.. MRS. CALVERT SECONDED.
MOTION.
DISCUSSION FOLLOWED ON THE NECESSITY TO SET A FIGURE, FOR
THE OCCUPATIONAL LICENSE FEE IN THE PROPOSED ORDINANCE.
MR. NICHOLAS MOVED TO PLACE AN OCCUPATIONAL LICENSE FEE
OF $500.00, PER DAY IN THE ORDINANCE. MR. WINCHESTER SECONDED
.MOTION.
VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE
MAIN MOTION TO APPROVE THE FIRST READING OF ORDINANCE NO. 12-03
CeARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION NO. 83-24 RE: VACATION OF ALLEYWAY
IN BLOCK 72, AVON— BY—TIIE—SEA PUBLIC HEARINGY
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION VACATING THE ALLEYWAY BETWEEN LOTS 10,
14 AND 15, BLOCK 72, AVON—BY—THE—SEA WITHIN THE CITY
OF CAPE CANAVERAL, FLORIDA: DEDICATION TO THE CITY OF
CAPE CANAVERAL, FLORIDA, OF A PUBLIC ACCESS EASEMENT
ON LOT 10, BLOCK 72, AVON—BY—TIIE—SEA; PROVIDING AN
EFFECTIVE DATE.'
1IRS, CALVERT MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION.
CITY. COUNCIL MEETING MINUTES
APRIL 19, 1983
PAGE 4 OF.7
AT THIS TIME, ATTORNEY SCOTT SPOKE AND NOTED THAT THERE
HAD BEEN SOME DISCUSSION AS TO WHETHER OR NOT THE PREVIOUS
VACATION OF THAT ALLEYWAY (ON RESOLUTION 73-11) WAS STILL GOOD
'SINCE THERE WAS A CONTINGENCY IN IT THAT CONSTRUCTION BEGIN
WITHIN SIX MONTHS FROM THE DATE OF THE GRANTING OF THE VACATION.
HE FURTHER STATED THAT THE CITY HAD WORKED OUT AN ARRANGEMENT
WITH THE PRESENT OWNERS OF LOTS 10, 14 AND 15 WHEREBY THE PROBLEM
HAD BEEN ELIMINATED. THE PRESENT OWNERS WOULD BE WILLING TO GIVE
THE CITY PUBLIC ACCESS, THE SAME WIDTH, HOWEVER, IT WOULD BE MOVED
TO THE WEST. (A COPY OF DRAWINGS DEPICTING THE ACCESS EASEMENT
CHANGE ARE ATTACHED TO THE MINUTES AND TO RESOLUTION 03-24.)
ADDITIONALLY, MR. SCOTT INFORMED COUNCIL THAT PROPERTY OWNERS Or
BLOCK 72� LOTS 5, 11, 12 AND 13 HAD BEEN NOTIFIED OF THE PENDING
VACATION. HE FURTHER NOTED THAT THE ONLY RESPONDENTS WERE THE
OWNERS OF LOT 5 AND THEY WERE IN FAVOR OF. VACATING THE ALLEYWAY,
AND THEY HAD ASSUMED THAT THIS. HAD BEEN DONE IN 1973.
DISCUSSION FOLLOWED ON THE SPECIFIC LOT OWNERS WHO HAD
BEEN NOTIFIED REGARDING THIS PROPOSED VACATION. CONCERN WAS
,EXPRESSED OVER THE FACT THAT LOT 12 MIGHT BE DENIED ACCESS.
MRS. CALVERT MOVED TO AMEND CONTINGENT UPON RECEIVING
VERIFICATION OF LOT 12 HAVING. OBTAINED NOTICE AND THEIR APPROVAL
WITHIN SEVEN DAYS. MR. NICHOLAS SECONDED.
CITY ATTORNEY SCOTT POINTED OUT THAT THIS PROPOSED VACATING
ON RESOLUTION 83-24 WOULD AT LEAST MEAN ACCESS FOR ONE HALF OF
THE BLOCK.
IT WAS NOTED THAT THE OWNERS OF LOT 13 DID HAVE ACCESS TO
THE SOUTH, AT THE SOUTHERN POINT OF THEIR LOT AND THEREFORE,
47OULD NOT BE LANDLOCKED.
'IT WAS POINTED OUT THAT WHETHER OR NOT THE CITY GRANTS ,THIS
PROPOSED VACATION, LOT 12 MAY STILL BE LANDLOCKED.
CITY COUNCIL MEETING MINUTES
APRIL 19, 1983
PAGE 5 OF 7.
MR. JAY BUMPERS, REPRESENTATIVE OF THE DEVELOPER, SPOKE
TO COUNCIL REGARDING THE ACTION COUNCIL WAS CONSIDERING. MR.
BUMPERS EXPRESSED HIS OPPOSITION TO COUNCIL CONSIDERING THE
POTENTIAL ACCESS PROBLEM OF LOT 12 SINCE HE WAS ASKING FOR
THE VACATING AND MOVING THE ACCESS IN THE SOUTHERN PORTION
OF BLOCK 72,
DISCUSSION FOLLOWED.
VOTE ON THE AMENDMENT ON THE FLOOR WAS AS FOLLOWS:
IN FAVOR: MRS. CALVERT, MR. NICHOLAS AND, MAYOR RUTHERFORD.
OPPOSED - MRS. HARRIS AND MR. WINCHESTER.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF THE
RESOLUTION. CARRIED UNANIMOUSLY.
AT THIS TIME, JAY BUMPERS SPOKE TO COUNCIL OBJECTING TO
THE AMENDMENT. .DISCUSSION FOLLOWED AND MR. BUMPERS REQUESTED
COUNCIL RECONSIDER.
MAYOR RUTHERFORD MOVED TO RECONSIDER THE AMENDMENT. MR.
WINCHESTER SECONDED MOTION.
VOTE ON THE MOTION TO RECONSIDER WAS AS FOLLOWS:
IN FAVOR: MRS. HARRIS,. MAYOR RUTHERFORD AND MR. WINCHESTER.
OPPOSED: MRS. CALVERT AND MR. NICHOLAS. MOTION CARRIED.
ATTORNEY SCOTT INF02dED. COUNCIL THAT THE QUESTION ON
THE FLOOR WAS THE AMENDMENT. VOTE ON THE 'AMENDMENT WAS AS
FOLLOWS: IN FAVOR - MRS. CALVERT AND MR., NICHOLrAS. OPPOSED -
MRS. HARRIS, MAYOR RUTHERFORD AND MR. WINCHESTER. AMENDMENT
FAILED.
THE VOTE FOR THE ADOPTION OF RESOLUTION NO. 83-2.1 CrARRIED
UNANIMOUSLY.
ITEM 5. RESOLUTION NO. 83-25 RE: LOCAL GASOLINE SALES TAX
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION OF THE. CITY OF CAPE CANAVERAL, FLORIDA
OPPOSING AN INCREASE IN GASOLINE TAX; DESIGNATING
A NEGOTIATING GROUP; ESTABLISHING PRIORITIES FOR
ANY AGREEMENT SHARING ANY LOCAL GASOLINE SALES. TAX
ADOPTED BY BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED
'•POTION.
CITY COUNCIL MEETING MINUTES
APRIL 19, 1983
'PAGE 6 OF 7
MR. NICHOLAS MOVED TO CHANGE THE LAST WORD IN SECTION 2.
FROM "MUNICIPALITIES" TO "CITY", AND IN SECTION 3. THE WORD.
"ESTABLISHED" BE CHANGED TO "DISTRIBUTED". MRS. CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MOTION TO ADOPT RESOLUTION 83-25 CARRIED UNANIMOUSLY.
ITEM 6. MOTION RE: FENCE AT WASTEWATER TREATMENT PLANT
MRS. HARRIS MOVED TO ADVERTISE FOR BIDS TO CONSTRUCT.A
FENCE ALONG THE WASTEWATER TREATMENT PLANT APPROXIMATELY
40 FEET FROM THE WATER'S EDGE ON THE RIVER SIDE TO ESTABLISH
PUBLIC ACCESS TO THE RIVER. MR. NICHOLAS SECONDED MOTION.
DURING DISCUSSION IT WAS SUGGESTED THAT THE RECREATION
BOARD SHOULD BE MADE AWARE OF THIS ACTION.
VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. 1
DISCUSSION
MR. SCOTT CALLED COUNCIL'S ATTENTION TO THE LETTER FROM
ATTORNEY LEWIS PEARCE AND INFORMED COUNCIL THAT THE SUBJECT OF
THIS LETTER, WOULD BE ON THE NEXT WORKSHOP.'
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 10:01PM.
APPROVED THIS 3rd DAY OF May 1983.
MAYOR
C
CITY CLERK 'J
CITY COUNCIL MEETING MINUTES
APRIL 19., 1983
PAGE 7 OF 7
VVALTER C. BOWMAN ASSOCIATES
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