HomeMy WebLinkAboutMinutes 08-16-1983CITY COUNCIL
REGULAR MEETING
AUGUST 16, 1983
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA WAS HELD ON AUGUST 16, 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.
AT THIS TIME, MAYOR RUTHERFORD PRESENTED THE FIRST "VOLUNTEER
OF THE MONTH" AWARD, A PROCLAMATION AND A KEY TO THE CITY, TO LAMAR
RUSSELL FOR HIS UNTIRING EFFORTS AS CHAIRMAN OF THE PLANNING AND
ZONING BOARD.
THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE
MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. NICHOLAS AND
J. WINCHESTER. ALSO PRESENT WAS CITY ATTORNEY/MANAGER J. SCOTT.
MRS. HARRIS WAS ABSENT DUE TO BEING OUT-OF-TOWN AND CITY CLERK P..
BEAULIEU WAS ABSENT BECAUSE OF ILLNESS.
MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF
AUGUST 2, 1983. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 19-83 RG: ADOPTING 1983 AMENDMENTS
TO STANDARD BUILDING CODE (FIRST READING AND
PUBLIC HEARING - POSTPONED AUGUST 21
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 611, BUILDING CODE, OF THE
CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA I3Y ADOPTING
TIIE 1983 AMENDMENTS. TO THE STANDARD BUILDING CODE: REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MRS. CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ATLANTIC—MA DiInT,Tr HEARING RE:
ITEM 2. BEACHUCAB COMPAN - CERTIFI-..-- -F —PUBLIC CONVENIENCE
AND NECESSITY
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION GRANTING TO ATLANTIC BEACH. CAB COMPANY A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AUTHORIZING
COMPANY THEANTIC CITY OFACH CAPEACANAVERAL;TPROVIDING ANT EFFECT
AXICAB CITY
IN
CITY COUNCIL Fff:Ei'IIiG
8-16-83
PAGE 1 OF 6
MR. WINCHESTER MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED
MOTION. COUNCIL HAD IN FRONT OF THEM ALETTER FROM COCOA BEACH
CAB COMPANY OBJECTING TO THE COLOR SCHEME ATLANTIC BEACH CAB
COMPANY HAD CHOSEN. MR. MEEK OF CANAVERAL CAB COMPANY WAS IN
ATTENDANCE AND ALSO VOICED AN OBJECTION TO ATLANTIC BEACH CAB
COMPANY'S COLOR SCHEME.
MR. JIM THERIAC, ATTORNEY FOR ATLANTIC BEACH. CAB COMPANY,
SPOKE TO COUNCIL AND SAID THEY HAD TWO CABS OUTSIDE THAT COUNCIL
WAS WELCOME TO INSPECT, ONE BLUE AND ONE WHITE. IT WAS POINTED
OUT BY MR. NICHOLAS THAT THEY SHOULD HAVE ONLY ONE COLOR SCHEME.
MAYOR RUTHERFORD MOVED TO AMEND THE RESOLUTION BY ADDING A
SECTION AS FOLLOWS: THIS RESOLUTION IS CONTINGENT UPON ATLANTIC
BEACH CAB COMPANY PAINTING THEIR CABS WHITE WITH RED LETTERS.
MR. NICHOLAS SECONDED MOTION. VOTE ON THE AMENDMENT CARRIED
UNANIMOUSLY.
VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY..
NEW BUSINESS
ITEM 1. ORDINANCE NO 18-83 AMENDING ORDINANCE_NO. 2-83,
CODE CHAPTER E31 20NING REGULATIONS RE. AMENDING
.SECTIONS 632.01 637.25 637.39 637.47, 639.17
AND ESTAULISHING SECTION 640 TOWNHOUSE REGULATIONS
(FIRST READING AND PUBLIC IIEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
Nd ORDINANCE AMENDING ORDINANCE NO. 2-83, CODE CHAPTER 631,.
ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA;
AMENDING SECTION 632.01 BY RE -DEFINING LOT FRONTAGE; AMENDING
SECTION 637.25 BY ADDING MAXIMUM LENGTH OF 'BUILDINGS IN R-2;
AMENDING SECTION 637.39 BY ADDING MAXIMUM LENGTH OF BUILDINGS
IN R-3; AMENDING SECTION 637.47 BY DELETING PARAGRAPH "11",
GARAGES USED FOR VEHICLES AND/OR STORAGE OF PERSONAL PROPERTY;
AMENDING SECTION 639.17 REDUCING BUILDING SETBACK LINES ON
AlA AND SR 401; ESTABLISHING SECTION 640 TOWNHOUSE REGULATIONS;
REPEALING ALL ORDINANCES AND PARTS THEREOF OR PARTS OF THE
CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED TO, APPROVE FIRST READING OF ORDINANCE
NO. 18-83. MR. NICHOLAS SECONDED MOTION.
DISCUSSION FOLLOWED. MR. NICHOLAS QUESTIONED LAMAR RUSSELL,
CHAIRMAN OF THE ,PLANNING AND ZONING BOARD, ON THE BOARD'S REASONING
BEHIND THE PROPOSED SETBACKS ON ASTRONAUT BOULEVARD AND SR 401.
MR. RUSSELL GAVE A BRIEF HISTORY AS TO WRY THE BOARD RECOMMENDED
THE SETBACKS BE REDUCED FROM 75 FEET TO 40 FEET ON ASTRONAUT
BOULEVARD. AND FROM 50 FEET TO 40 FEET on SR 401.
CITY COUNCIL MEETING
8-16-83
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MR. NICHOLAS MOVED TO AMEND SECTION 639.17 A.1. BY CHANGING
40 FEET TO 50 FEET AND TO AMEND SECTION 639.17 A.2. BY CHANGING
40 FEET TO 50 FEET. MRS. CALVERT SECONDED MOTION. MR. RUSSELL
LLOYD, CHAIRMAN OF THE BOARD OF ADJUSTMENT, SPOKE TO COUNCIL IN
FAVOR OF THE 50 FOOT SETBACK.
VOTE ON THE AMENDMENT WAS As FOLLOWS: IN FAVOR,. MRS. CALVERT,
MR. NICHOLAS AND MR. WINCHESTER. ,AGAINST, MAYOR RUTHERFORD.
AMENDMENT PASSED.
DISCUSSION CONTINUED ON THE LENGTH OF BUILDINGS IN R-2 AND
'R-3 ZONING. THE FOLLOWING PEOPLE SPOKE IN OPPOSITION TO THE
PROPOSED MAXIMUM BUILDING LENGTH OF 140 FEET IN R-2 AND R-3:
MR. JACK RUDE, ARCHITECT; MR. WALTER BOWMAN, ARCHITECT; MR.
DICK BERRY, MR. LEON NEWMAN AND MR. WILLIAM BENNIX.
MS. COLETTE CANNON SPOKE, TO COUNCIL REGARDING THE PROPOSED
TOWNHOUSE REGULATIONS. SHE FELT THE REGULATIONS WERE TOO RE-
STRICTIVE, ESPECIALLY THE ,2,000 SQUARE FEET MINIMUM LOT AREA.
MAYOR RUTHERFORD MOVED TO AMEND THE ORDINANCE BY DELETING
THE MAXIMUM BUILDING LENGTH IN SECTION 2 (R-2); BY CHANGING 140.
FEET MAXIMUM BUILDING LENGTH. TO 185 FEET, NORTH AND SOUTH, IN
SECTION 3 (R-3); BY CHANGING MINIMUM LOT AREA FROM 2,000 SQUARE
FEET TO 1,800 SQUARE FEET IN SECTION G (TOWNHOUSE REGULATIONS).
MOTION FAILED .FOR LACK OF SECOND.
MAYOR RUTHERFORD ,THEN MOVED TO AMEND THE ORDINANCE BY DELETING
SECTION 2 IN IT'S ENTIRETY. MR. NICHOLAS SECONDED MOTION. MOTION
CARRIEDUNANIMOUSLY.
MR. NICHOLAS MOVED TO AMEND SECTION 3 BY CHANGING 140 FEET
TO 185 FEET, MAYOR RUTHERFORD SECONDED MOTION. DISCUSSION
FOLLOWED. MOTION CARRIED UNANIMOUSLY.
MAYOR RUTHERFORD MOVED TO AMEND SECTION 6 OF THE ORDINANCE
BY CHANGING MINIMUM LOT AREA FROM 2,000 SQUARE FEET TO 1,600 SQUARE
FEET, ,MOTION FAILED FOR LACK OF SECOND.
MR. LLOYD. SPOKE TO COUNCIL ON TUE POTENTIAL PROBLEM OF THE
ORDINANCE NOT ADDRESSING SETBACKS ON SIDE STREETS IN THE TOWNHOUSE
REGULATIONS. MAYOR, RUTHERFORD MOVED, TO AMEND SECTION 6 BY ADDING
CITY COUNCIL MEETING
8-16-83
PAGE 3 OF 6
THE FOLLOWING AT THE END OF TOWNHOUSE MINIMUM SETBACK REQUIREMENTS:
SIDE CORNER LOT, 25 FEET; ON ALL NON -CONFORMING LOTS OF RECORD,
15 FEET. MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED.
VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT,
MAYOR RUTHERFORD AND MR. WINCHESTER. AGAINST, MR. NICHOLAS.
VOTE ON THE MAIN MOTION, TO APPROVE FIRST READING OF
ORDINANCE NO. 18-83, CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 20-83 RE: CITATIONS FOR DOGS ON
BEACH (FIRST READING AND PUBLIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 701, ANIMALS CONTROLLED, BY
AMENDING SECTION 701.29, ANIMALS PROHIBITED IN PARKS AND
ON BEACHES, BY ALLOWING FOR A CITATION TO BE ISSUED TO
THE OWNER OF THE OFFENDING ANIMAL; ESTABLISHING A FINE;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MRS. CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION NO. 83-55 PRESCRIBING ASSESSMENT CRITERIA
FOR HARBOR HEIGHTS RESURFACING PROJECT
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION PRESCRIBING ASSESSMENT CRITERIA TO BE USED
IN ASSESSING ABUTTING PROPERTY OWNERS IN THE CITY'S
HARBOR HEIGHTS RESURFACING PROJECT; ESTABLISHING METHOD
OF PAYMENT; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 4. MOTION RE: AWARD OF BID FOR. REPAIR AND RESURFACING
OF FIVE TENNIS COURTS
MR. NICHOLAS MADE A'MOTION TO ACCEPT THE LOW BID FROM ACCURATE
TENNIS COURTS AND TO INCLUDE THE. ALTERNATE BID TO BORDER THE COURTS
IN A CONTRASTING COLOR. MAYOR RUTHERFORD SECONDED MOTION. DISCUSSION
FOLLOWED.
MRS. CALVERT MADE AN AMENDMENT TO ELIMINATE THE $1,000
ALTERNATE BID. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
VOTE ON THE MAIN MOTION, TO AWARD THE BID TO ACCURATE TENNIS
COURTS, CARRIED UNANIMOUSLY.
ITEM 5. MOTION RE: AWARD OF BID FOR CITY HALL AIR
CONDITIONERS
CITY COUNCIL MEETING
B-16-83
PAGE 4 OF 6
DISCUSSION WAS HELD ON THE THREE BIDS THAT WERE RECEIVED.
IT WAS NOTED THAT THE DID. FROM ATLANTIC AIR DID NOT MEET THE
SPECIFICATIONS REGARDING THE COPPER COILS. THE OTHER TWO BIDDERS
WERE BOTH PROPOSING THE SAME TYPE OF UNITS. ARCO-FRIEDRICHHEAT,
PUMPS. NO ONE ON THE COUNCIL HAD HEARD OF .THIS TYPE OF UNIT
OR KNEW ANYTHING ABOUT THEM. THEREFORE, MAYOR RUTHERFORD MOVED
TO POSTPONE THIS ITEM SO, THE CITY MANAGER COULD INVESTIGATE THE
PROPOSED UNITS. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY..
ITEM 6. MOTION RE: BUILDING OFFICIAL POSITION
MR. SCOTT INFORMED COUNCIL THAT MR. KELLER WOULD LIKE TO
WITHDRAW HIS NAME FOR CONSIDERATION FOR THE BUILDING OFFICIAL
POSITION. HOWEVER, HE 1-72LL CONTINUE TO ACT IN THE CAPACITY OF
ACTING BUILDING OFFICIAL, ON A PART-TIME BASIS, UNTIL A NEW
BUILDING OFFICIAL IS HIRED.
MAYOR RUTHERFORD MOVED TO READVERTISE THE POSITION. MR.
WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED. IT WAS SUGGESTED
THAT THE POSITION SHOULD BE READVERTISED WITH A SALARY RANGE OF
$17,000 TO $20,000.
MR. TOM QUINI7, SPOKE TO COUNCIL AND ASKED IF THERE WAS SOME-
WAY TO GET INSPECTIONS DONE IN THE MORNING HOURS. AS IT WAS AN
INCONVENIENCE TO THE CONTRACTORS HAVING INSPECTIONS ONLY IN LATE
AFTERNOONS, WHICH IS. SOMETIMES AFTER THEY HAVE FINISHED WORK FOR
THE DAY. COUNCIL REQUESTED CITY MANAGER SCOTT LOOK INTO THE
MATTER.
VOTE ON THE MOTION TO READVERTISE THE POSITION OF BUILDING
OFFICIAL CARRIED UNANIMOUSLY.
ITEM 7. MOTION RE: ADVERTISING INSURANCE BIDS
MAYOR RUTHERFORD MOVED TO ADVERTISE FOR INSURANCE BIDS ON
.THE COMPREHENSIVE BUSINESS INSURANCE. MRS. CALVERT SECONDED
MOTION. DISCUSSION FOLLOWED.' IT WAS POINTED OUT BY CITY MANAGER
SCOTT THAT THIS WOULD ENCOMPASS EVERYTHING BUT THE WORKER'S
COMPENSATION AND THE GROUP HOSPITALIZATION.
VOTE. ON THE MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING
B-16-83
PAGE 5 OF 6
DISCUSSION
MR. NICHOLAS ASKED IF THE CITY LIMIT SIGN. AT THE NORTH
END OF THE CITY WITH TWO BULLET HOLES, IN IT {JILL BE REPLACED..
MR. SCOTT SAID IT HAD BEEN ORDERED.
THE MEETING WAS ADJOURNED AT, 10:15P.M.
APPROVED THIS 6th DAY OF - SePt-- ; 1983.
X j" ��j
MAYO
ATTEST:
CITY CLERK
[THESE MINUTES WERE TRANSCRIBED BY. SECRETARY JAN`LEESER]
CITY OOGNCIL h1EEPING
B-16-83
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