HomeMy WebLinkAboutMinutes 05-03-1983CITY COUNCIL
REGULAR MEETING
MAY 3, 1983.
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON MAY 3, 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 W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. HARRIS,
L. NICHOLAS AND J. WINCHESTER. ALSOPRESENT WERE CITY ATTORNEY/MANAGER
J. SCOTT, CITY CLERK P. BEAULIEU ANDSARGEANT-AT-ARMS, DEPUTY WORTHY.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
APRIL 19, 1983. MRS. HARRIS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
ITEM 1. .RESOLUTION NO. 83-26 RE: EQUALIZING AND LEVYING
ASSESSMENTS CENTRAL AVENUE RESURFACING PROJECT
PUBLIC HEARING
MAYOR. RUTHERFORD READ .THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION EQUALIZING THE ASSESSMENT, LEVYING THE
SAME AS ASSESSMENT AGAINST BENEFITED PROPERTIES IN THE
CENTRAL AVENUE RESURFACING PROJECT, CAPE CANAVERAL,
.FLORIDA, DIRECTING THE CITY CLERK TO RECORD ASSESSMENTS
IN THE IMPROVEMENT LIEN BOOK, AND ESTABLISHING PRIORITY
OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST; PROVIDING,
AN EFFECTIVE DATE.
MR. NICHOLAS, MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION.
APPROXIMATELY •15 CITIZENS WERE IN ATTENDANCE FOR THIS PUBLIC
HEARING.
THE FLOOR WAS OPENED FOR COUNCIL COMMENTS. THERE BEING NO
COMMENTS FROM THE COUNCIL AT THIS TIME, THE .FLOOR WAS OPENED FOR
COMMENTS FROM THE AUDIENCE. MR. JERRY FISCHETTI PRESENTED 17 SIGNED
PETITIONS IN FAVOR OF THE RESURFACING. CARL FISCHER, OWNER OF
LOT 10 IN BLOCK 9, SPOKE TO COUNCIL AND SUGGESTED RESURFACING WITH
CONCRETE BE CONSIDERED RATHER THAN ASPHALT. IT WAS NOTED THAT THE
CITY HAD DISCUSSED CONCRETE RESURFACING WITH THE ENGINEERS, HOWEVER,
IT WAS DETERMINED ASPHALT WOULD BE USED. FURTHER DISCUSSION FOLLOWED
BETWEEN COUNCIL AND THE AUDIENCE ON THE .MERITS OF CONCRETE FOR THIS
RESURFACING.
CITY COUNCIL MEETING MINUTES
MAY 3, 1983
PAGE 1 OF G
DURING DISCUSSION, IT WAS DROUGHT OUT THAT A REFERENDUM ELECTION
A FEW YEARS AGO HAD ESTABLISHED, PAYMENT. FOR STREET REPAIRS ON A FRONT
FOOT BASIS RATHER THAN A TAX BASIS.
MR. WILLIAM BENNIX, HAROLD POWELL AND JERRY FISCHETTI, OWNERS
OF PROPERTY ALONG THE PROPOSED RESURFACING PROJECT, SPOKE IN FAVOR.
OF THE PROJECT.
MR. DOUG WILSON, MR. CHURCHILL AND CHARLES PINDZIAK, OWNERS OF LOTS
ALONG THE RESURFACING PROJECT WERE OPPOSED TO THE RESURFACING.
DANA GEIGER SPOKE EXPRESSING HIS CONCERN OVER THE EXTENSIVE COST
TO INDIVIDUALS OWNING CORNER LOTS. DISCUSSION FOLLOWED ON THIS POINT.
FURTHER DISCUSSION FOLLOWED ON TUE FACT THAT THE AREA OF THE
PROPOSED PROJECT WOULD BE DEVELOPED IN THE FUTURE, THEREBY CAUSING
ADDITIONAL TRUCK TRAFFIC WHICH WOULD, HAVE AN ADVERSE EFFECT ON THE
NEW RESURFACING. IT WAS POINTED OUT THAT THE CITY.'S ENGINEERS HAD
ADVISED RESURFACING NOW IN ORDER TO PRESERVE THE ROADBED AND SAVE FUTURE
COSTLIER REPAIRS. DURING DISCUSSION IT WAS BROUGHT OUT THAT THE
RESURFACING PROJECT WOULD IMPROVE THE SAFETY ASPECT OF .THE AREA
COVERED IN THIS PROJECT.
MRS. ROYLE REQUESTED A COUNT OF THE PEOPLE IN FAVOR AND THOSE
OPPOSED. TO THE RESURFACING. TUE. COUNT WAS AS FOLLOWS:'
OPPOSED IN FAVOR
13 22
THE ABOVE FIGURES WERE A RESULT OF PETITIONS TURNED IN AT
THIS MEETING, LETTERS SENT IN TO CITY HALL AND PHONE CALLS TO CITY
HALL.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION
NO. 83-26 CARRIED UNANIMOUSLY.
.UNFINISHED BUSINESS
ITEM I. ORDINANCE NO. 10-83 RE: ESTABLISHING CODE CHAPTER
505 RE: TOWNHOUSE REGULATIONS (SECOND READING AND
PUBLIC IIEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING CODE CHAPTER 505 OF 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
CITY COUNCIL MEETING MINUTES
MAY 3, 1983
PAGE 2 OF 6
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 HERE-
WITH; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED TO .TABLE. MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
MAYOR RUTHERFORD ANNOUNCED THAT THIS TOWNHOUSE ORDINANCE
'WOULD BE RETURNED TO THE PLANNING AND ZONING BOARD FOR THEIR FURTHER
REVI EW.,
ITEM 2. ORDINANCE NO. 11-83 RE:LOCK BOX SYSTEM (SECOND
READING AND PUBLIC tIEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS, FOLLOWS:
AN ORDINANCE AMENDING "FIRE PREVENTION CODE" CHAPTER
621 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, DY REQUIRING A PUBLIC SAFETY KEYBOX SYSTEM
FOR STRUCTURES REQUIRING FIRE DEPARTMENT ALARM
SYSTEMS AND MULTI -FAMILY RESIDENCES HAVING ENCLOSED
COMMON AREAS; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO. 12-83 RE: AMENDMENT TO OCCUPATIONAL
LICENSE ORDINANCE RE: OCCUPATIONAL LICENSE FOR
OUTSIDE CONCERTS, FESTIVALS OR ENTERTAINMENT SECOND
READING AND PUBLIC REARING
MAYOR RUTHERFORD READ. THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER. 721 "OCCUPATIONAL
LICENSES" OF THE CITY CODE OF WE CITY OF CAPE CANAVERAL,
FLORIDA, BY PROVIDING FOR THE OCCUPATIONAL LICENSE FEE
FOR OUTSIDE CONCERTS, FESTIVALS OR ENTERTAINMENT: RE-
PEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION.
MAYOR RUTHERFORD EXPLAINED THAT THE CITY HAD RECENTLY PASSED AN
ORDINANCE COVERING .OUTSIDE CONCERTS AND ORDINANCE NO. 12-83 SETS
THE OCCUPATIONAL LICENSE FEE FOR THESE ACTIVITIES. MOTION ON TIME
FLOOR FOR ADOPTION OF ORDINANCE N0. 12-83 CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 7. ORDINANCE NO. 13-83 RE: ESTABLISHING CODE CHAPTER
735 "REGULATIONS OF ALCOHOLIC CONSUMPTION IN
COMMERCIAL ESTABLISFIMENTS", EXCEPTING ESTABLI SIItfENTS
HOLDING LICENSE UNDER DIVISION OF BEVERAGES FIRST
READING AND PU➢LIC HEARING
CITY COUNCIL MEETING MINUTES
.MAY 3, 1983
PAGE 3 OF 6
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING CHAPTER 735 "REGULATIONS
OF ALCOHOLIC CONSUMPTION IN A COMMERCIAL ESTABLISH -
RENT" IN THE CITY CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA; EXCEPTING ESTABLISHMENTS HOLDING A LICENSE
UNDER THE DIVISION OF BEVERAGES; REGULATING THE
HOURS OF OPERATION; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. WINCHESTER MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION. DISCUSSION FOLLOWED.
MR. NICHOLAS MOVED TO AMEND THE ORDINANCE TO CHANGE. THE
HOURS FROM 10:00AM UNTIL 7:OON1 TO 4:00PM UNTIL 7:OOAM. MRS. CALVERT
SECONDED MOTION. FURTHER DISCUSSION FOLLOWED. MRS. CALVERT MOVED
TO POSTPONE THIS ORDINANCE UNTIL THE NEXT MEETING.MR. WINCHESTER
SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MRS. CALVERT,
MRS. HARRIS, MR. WINCHESTER. OPPOSED - MR. NICHOLAS, MAYOR RUTHER-
FORD.
MOTION TOPOSTPONEFIRST READING OF ORDINANCE NO. 13-83 PASSED.
ITEM 2. RESOLUTION NO. 83-30 RE: COMMUNICABLE RATE INCREASE
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES
FOR T.V. CABLE SERVICE AND INSTALLATION WITHIN
THE CITY OF CAPE CANAVERAL„ FLORIDA; PROVIDING
AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED TO PLACE THE RESOLUTION ON THE FLOOR.
MRS. HARRIS SECONDED. MOTION FOR PURPOSES OF DISCUSSION. MR. BOB
BEVIS AND MR. PAUL WHYTE OF COMMUNICABLE WERE IN ATTENDANCE AND
SPOKE TO COUNCIL .ABOUT THEIR PROPOSED RATE INCREASE.
DISCUSSION FOLLOWED ON COMMUNICABLE'S REQUEST FOR INCREASE.
61RS. CALVERT REQUESTED THAT THE CITY MANAGER PRESENT COUNCIL
WITH A RECOMMENDATION REGARDING THIS REQUEST FOR INCREASE. MRS.
CALVERT MOVED TO TABLE RESOLUTION NO. 83-30. MRS'. HARRIS SECONDED
MOTION.. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR - MRS. CALVERT,
MRS. HARRIS, MR. NICHOLAS, MR. WINCHESTER. OPPOSED - MAYOR RUTHERFORD.
MOTION TO TABLE .PASSED.
ITEM 3. RESOLUTION NO. 83-27RE: AWARD OF PAVING CONTRACT
FOR CENTRAL AVENUE RESURFACING PROJECT
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 CONTRACTOR.
FOR THE CENTRAL. AVENUE AREA RESURFACING PROJECT;.
PROVIDING AN EFFECTIVE DATE.
'CITY COUNCIL MEETING MINUTES
MAY 3, 1983
PAGE 4 OF 6
• MR. NICHOLAS MOVED FOR ADOPTION. MAYOR RUTHERFORD SECONDED
.MOTION.. MOTION CARRIED UNANIMOUSLY.
.ITEM 4. RESOLUTION NO. 83-28 RE AGREEMENT WITH TENNIS '
INSTRUCTOR
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE
CITY OF CAPE CANAVERAL, FLORIDA AND MONICA MARTIN
TO. PROVIDE. TENNIS INSTRUCTIONS AT THE RECREATION
COMPLEX; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 5.. RESOLUTIONNO. 83-29 RE: APPOINTMENT OF BOARD OF
ADJUSTMENT MEMBERS
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPOINTING A REGULAR MEMBER AND
ALTERNATE MEMBERS TO THE BOARD OF 'ADJUSTMENT
OF THE CITY OF CAPE CANAVERAL, FLORIDA;, PROVIDING
AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION.
MRS. CALVERT MOVED. TO AMEND THE RESOLUTION BY PLACING THE
NAME OF JERRY FISCHETTI IN THE FIRST ALTERNATE POSITION AND THE
NAME OF BARBARA ROSE. BE PLACED IN SECOND ALTERNATE POSITION. MR.
WINCHESTER SECONDED MOTION. MENTION WAS MADE THAT MR. FISCHETTI'S
TERM WOULD EXPIRE ON OCTOBER 1, 1984. VOTE ON THE, AMENDMENT PASSED
UNANIMOUSLY. VOTE ON THE RESOLUTION CARRIED UNANIMOUSLY.
ITEM 6. .MOTION RE: AUTHORIZATION TO ADVERTISE FOR BIDS
TENNIS COURT RESURFACING
MR. NICHOLAS MOVED TO AUTHORIZE RESURFACING OF THE TENNIS
COURTS. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 7. MOTION RE: BUDGET TRANSFERS
COUNCIL HAD BEFORE 'THEM A LIST OF BUDGET TRANSFERS. MAYOR
RUTHERFORD MOVED TO APPROVE THE TRANSFERS. MRS. CALVERT SECONDED
MOTION. MOTION CARRIED. UNANIMOUSLY.A COPY OF THE BUDGET TRANSFERS
ARE ATTACHED TO THE MINUTES FOR THE RECORD.
DISCUSSION
MR..WOODELL, A RESIDENT LIVING NEAR THE CITY'S BALL PARE, SPOKE
TO COUNCIL REGARDING THE PROBLEMS HIS CONDOMINIUM WAS HAVING WITH
THE PARK.
IT WAS DECIDED TO PLACE THIS SUBJECT ON THE COUNCIL'S NEXT
WORKSHOP.
CITY COUNCIL MEETING MINUTES
MAY 3, 1983
PAGE 5 OF 6
• MR. NICHOLAS AND MRS. HARRIS. INFORMED COUNCIL THAT THEY
WOULD NOT BE ABLE TO ATTEND THE WORKSHOP ON MAY 12, 1983.
IT WAS ANNOUNCED .THAT THE NEXT LEAGUE OF CITIES MEETING WOULD
BE ON MONDAY, MAY 9, 1983.
A SUGGESTION WAS MADE TO HAVE A SPEAKER SYSTEM, IN THE COUNCIL
ROOM. THIS IS TO BE LOOKED INTO BY THE CITY MANAGER.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:57PM.
APPROVED THIS _,L_ DAY OF P1 1983.
MAYOR 1 �S
CITY CLERK. 'v
CITY COUNCIL MEETING MINUTES
MAY 3, 1983
PAGE 6 OF 6
/ M E M 0
DATE: APRIL 28, 1983
TO: MAYOR AND CITY COUNCIL
FROM: ACT. CITY TREASURER
SUBJECT: BUDGET, TRANSFERS
FROM CONTINGENCY.'
001-584-99
$ 6.000.00
TO PRINTING & PUBLISHING
001-511-47
1,000.00
TO P & Z PRINTING &PUBLISHING
001-515-47
800.00
TO COURT COLLECTION ECPENSE
001-516-495
2,200.00
TO LIBRAsRY-BUILDING MA32`1TENANCE
001-571-461
2,000.00
FROM UTILITIES
001-513-431
TO WORKMEN'S COMP. INS.
001-513-24
400.00
FROM EQUIPMENT LEASE RENTAL
001-513-411
TO FUEL ACCOUNT
001-513-524
200.00
FROM UNLEADED MOTOR FUEL
001-521-524
TO BLDG. & GROUND MAINT.
001-521-461
500.00
FROM FIREWORKS
001-522-526
200.00
FROM MOTOR FUEL & LUBRICANTS
001-522-524
500.00
TO RADIO & COMMUNICATIONS EQUIPM. REPAIR
001-522-463
350.00
TO BUILDING MAINT.
001-522-461
350.00
FROM CAPITAL ITEMS
001-541-64
300.00
FROM FACILITY IMPROVEMENT
001-541-63
200.00
TO SIGNS
001-541-532
500.00
FROM SMALL TOOLS
001-572-525
50.00
FROM PHYSICALS
001-572-314
28_00
TO SUPPLIES
001-572-521
78.00
FROM EQUIPMENT MAINT. & REPAIR
001-522-462
001-522-641
200.00
TO FURNITURE & EQUIPMENT
FROM ADM. SALARIES
402-572-11
402-572-24
350.00
TO WORKMEN'S COMP. INS-
FROM GROUNDS & EQUIPM. MAINT...& REPAIR
402-572-462
500.00
TO BUILDING REPAIR & MAINT.
402-572-461
FROM ENGINEERING FEES
401-525-3112
401-525-521
1,000.00
TO SUPPLIES & CHEMICAL
FROM AUDIT E/PENSE
401-525-32
150.00
TO .PRINTING & PUBLISHING
401-525-47
ATTACHMENT TO
CITY COUNCIL MINUTES 5-3-6
— — Ilel'AOli
- 2 -
FROM
AUDIT EXPENSE'
'001-511-32
TO
GENERAL. INSURANCE
.001-511-45
$ 300.00
FROM
OFFICE SUPPLIES
_. 001-514-511
'TO
GENERAL INSURANCE
001-514-45.
60.00
FROM
GROUP INSURANCE
001-524-23
150.00
TO
GENERAL INSURANCE
001-524-45,
100.00
TO
'SUPPLIES
- 001-524-511
50.00
ATTACHMENT
TO CITY
COUNCIL MINUTES 5-3-83