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HomeMy WebLinkAboutMinutes 10-04-1983,•, CITY COUNCIL REGULAR MEETING OCTOBER 4, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF. THE CITY OF CAPE CANAVERAL', FLORIDA, WAS HELD ON OCTOBER 4, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA - THE MEETING WAS CALLED TO ORDER BY MAYOR RUTHERFORD AT 7:30 P.M. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. HARRIS, L. NICHOLAS AND J. WINCHESTER., ALSO PRESENT WAS CITY MANAGER F. NUTT. AT TRIS .TIME CITY ATTORNEY SCOTT. HAD NOT. ARRIVED FOR THE MEETING. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY MAYOR RUTHERFORD. UNFINISHED BUSINESS ITEM 1. ORDINANCE N0. 21-83 RE: AMENDMENTS TO ZONING .ORDINANCE N0. 2- RE: SECTION 645.05, APPLICATION FOR BUILDING PE RI•fIT FIRST READING 6 PUBLIC t1EARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 2-83, CODE CHAPTER 631, ZONING REGULATIONS OF THE .CITY OF CAPE CANAVERAL, FLORIDA; AMENDING SECTION 645.05, 'APPLICATION FOR BUILDING PERMIT" BY REQUIRING ADDITIONAL REQUIREMENTS FOR SITE PLAN REVIEW; REPEALING ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING. MRS. CALVERT SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT TRIS ORDINANCE SETS FORTH THE REQUIREMENTS FOR PEOPLE APPLYING FOR SITE PLAN REVIEW AND REQUIRES THEM TO SUBMIT THEIR PLANS IN ADVANCE OF THE MEETING. HE FURTHER EXPLAINED THAT TRIS WAS THE RECOMMENDATION FROM THE PLANNING AND ZONING BOARD. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS N22 83 RE- DE ENFORCEMENT ITEM 1- BOARDANCITYO , CODE -CHAPTER 0265BLAUTHORI ZISHING OI`NG A ADVERTISING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: CITY COUNCIL MINUTES OCTOBER 4, 1983 PAGE 1 OF 5 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE BY ADDING THERETO A NEW CHAPTER TO BE NUMBERED CHAPTE ENTITLED BOARD"; PROVIDING FORR S THECREATION COMDE CEMENT POSITION ORGANIZATION, JURISDICTION, AND PROCEDURES, OF A CODE ENFORCEMENT BOARD FOR THE CITY OF CAPE CANAVERAL, FLORIDA PURSUANT TO CHAPTER 162 FLORIDA STATUTES 1982; PROVIDING .FOR THE APPOINTMENT, SUSPENSION, REMOVAL,. AND TERMS OF OFFICE OF MEMBERS OF SAID CODE ENFOID CODERENFORCEMENT DI30ARD AND FOR THE ; PRIDING FOR EAPPOINTMETINGS F A ENTOF LEGAL COUNSEL FOR SAID BOARD; DESCRIBING ENFORCEMENT PROCEDURES, RULES GOVERNING THE CONDUCT OF HEARINGS, AND THE POWERS OF THE CODE ENFORCEMENT BOARD; AUTHORIZING THE IMPOSITION OF ADMINISTRATIVE FINES AND FOR THE CREATION OF LIENS UPON REAL AND PERSONAL PROPERTY OF VIOLATORS AND PROVIDING FOR THE FORECLOSURE AND ENFORCEMENT OF SAID LIENS; PROVIDING FOR THE APPEAL OF ORDERS OF THE CODE ENFORCEMENT BOARD; PROVIDING THAT INVALIDITY OF ANY PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF AND FOR OTHER PURPOSES. MR. NICHOLAS MOVED TO AUTHORIZE ADVERTISING OF THIS ORDINANCE. MRS. HARRIS SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS BOARD WOULD BE SET UP IN ACCORDANCE WITH STATE STATUTES. IT WAS. FURTHER POINTED OUT THAT THIS CODE ENFORCEMENT BOARD WOULD ADDRESS NOT ONLY ZONING REGULATIONS BUT THE ENTIRE MUNICIPAL CODE. AT THIS TIME, MAYOR RUTHERFORD CALLED A TEN—MINUTE RECESS. TO AWAIT THE ARRIVAL OF THE, CITY ATTORNEY. THE MEETING RECONVENED AT 7:40 P.M. VOTE ON THE MOTION TO AUTHORIZE ADVERTISING CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE N0, 23-83 RE: AMENDING CHApTRR 733, ALCOHOLIC BEVERAGE SALE REGULATIONS, REPEALS NG CHAPTER 735, REGULATIONS OFALCOIIOLIC CONSUMPTION IN A CObL`dERCI IL ESTAfl LI SI1MENT AUTHORIZING ADVERTISING) MAYOR RUTHERFORD READ THE .TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE DELETING CHAPTER 735 (REGULATIONS OF ALCOHOLIC CONSUMPTION IN A COMMERCIAL ESTABLISHMENT) OFTHE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 133 (ALCOHOLIC BEVERAGE SALE REGULATIONS) BY DELETING SECTION 733.01 IN ITS ENTIRETY AND REPLACING IT WITH SECTION 733.01 BY INCREASING THE TYPE OF ESTABLISHMENTS WHOSE HOURS ARE REGULATED; REPEALING BILL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO AUTHORIZE ADVERTISING OF THE ORDINANCE. FIRS. HARRIS SECONDED MOTION. ATTORNEY SCOTT EXPLAINED THAT THIS ORDINANCE HAD, NOT BEEN FINALIZED YET AND THIS WAS JUST PERMISSION TO ADVERTISE. CITY COUNCIL MINUTES OCTOBER 4,, 1983 PAGE 2 OF 5 IT WAS NOTED THAT THE NEW ZONING ORDINANCE, WHICH WAS ADOPTED IN FEBRUARY 1983, SPECIFICALLY PROHIBITS BOTTLE CLUBS. HOWEVER,. RECENTLY A NEW CLUB HAD OPENED ON TOP OF THE STRAW HAT CLUB AND IT APPARENTLY WAS OPERATING AS A BOTTLE CLUB. IT WAS. ALSO POINTED OUT THAT THE OWNER OF THE CLUB, JIM MORGAN, WAS ISSUED AN OCCUPATIONAL LICENSE FOR A "PRIVATE CLUB". MR. MORGAN WAS IN ATTENDANCE AND SPOKE. IN OPPOSITION TO THIS PROPOSED ORDINANCE. MR., MORGAN WAS INVITED TO, ATTEND THE WORKSHOP MEETING ON OCTOBER 13, WHEN THE PROPOSED ORDINANCE WOULD BE DISCUSSED FURTHER. VOTE ON THE MOTION, TO AUTHORIZE ADVERTISING OF ORDINANCE NO.. 23-83, PASSED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 83-74 RE: ACCEPTANCE OF CENTRAL AVENUE RE SURFACING PROJECT MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A ACCEPTING HE PROJECTU AND AUTHORIZING TAUTHORIZINGTHECMAYORLAVENUE PAVING ANDCITYCLERK TO NOTIFY W.W.G. ASPHALT COMPANY, INC. OF PROJECT'S .ACCEPTANCE; PROVIDINGGAN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. CITY MANAGER NUTT ADVISED COUNCIL THAT THE PROJECT Is NOW READY TO BE ACCEPTED AND THAT THE BILLS FOR THE ASSESSMENTS CANNOT BE MAILED UNTIL IT IS ACCEPTED. VOTE ON THE MOTION CARRIED UNANIMOUSLY. ITEF1 4. R�SOT�NVION NO. NIS PEESB S AMENDING OCLINtICSOLUTION NO. 82-13 ANDFORMAT MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: -13 BY TENNISLFEESNANDEPROVIDINGOFORI AN FORMAL CHANGE INCREASING AMNDING CHANGE FORTENNIS LESSONS; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR.. WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS INCREASED THE FEES FOR TENNIS LESSONS AND ALSO THE NUMBER OF LESSONS IN A SERIES. IT WAS NOTED THAT THIS WAS THE RECOMMENDATION OF THE. RECREATION BOARD. VOTE ON THE MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 83-76 RE: APPOINTMENT OF BUILDING OFFICIAL 14AYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS -- A RESOLUTION OLLOWS:ARESOLUTION APPOINTING THE BUILDING OFFICIAL; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MINUTES OCTOBER 4, 1983 PAGE 3 OP 5 MR. NICHOLAS MOVED TO INSERT THE NAME OF JACK GLENN, IN SECTION '1 OF THE RESOLUTION AND THE AMOUNT OF $20,000 IN SECTION 2. MAYOR RUTHERFORD SECONDED MOTION. MRS. CALVERT MOVED TO AMEND THE RESOLUTION BY. INCLUDING THE POSITION OF MUNICIPAL FIRE INSPECTOR AT A SALARY OF $2,500 IN SECTION 3. MR. WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED REGARDING THE FIRE INSPECTOR POSITION. THE QUESTION AROSE REGARDING THE NECESSITY TO ADVERTISE THIS POSITION. ATTORNEY SCOTT SUGGESTED THAT THE CITY ADVERTISE FOR A FIRE INSPECTOR AND THAT SECTION 3 SHOULD READ "ACTING MUNICIPAL FIRE INSPECTOR". MRS. CALVERT AND MR. WINCHESTER AGREED TO ADD THE WORD "ACTING" TO THEIR MOTION. AND SECOND. VOTE ON THE SECOND AND FIRST AMENDMENTS CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED .FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. RESOLUTION NO. 83-76, AS AMENDED, CARRIED UNANIMOUSLY., ITEM 6. MOTION RE: PERMISSION TO WAIVE AMERICAN CANCER SOCIETY FEES FOR TENNIS TOURNAMENT MR. WINCHESTER MOVED TO WAIVE THE FEES FOR THE AMERICAN CANCER SOCIETY'S USE OF THE TENNIS COURTS. MRS. CALVERT SECONDED MOTION., MOTION. CARRIED UNANIMOUSLY. ITEM 7. MOTION RE: AUTHORIZATION TO .REIMBURSE R. JAMIESON FOR REMOVAL OF SIGN MAYOR RUTHERFORD EXPLAINED THAT THE CITY ISSUED A SIGN PERMIT TO MR. JAMIESON AND THEN LATER CANCELLED IT AND THAT MR. JAMIESON WAS REQUESTING REIMBURSEMENT FOR THE MATERIALS HE PURCHASED FOR, THE SIGN. HE ALSO NOTED THAT THE CITY MANAGER RECOMMENDED MR. JAMIESON BE REIMBURSED IN THE AMOUNT OF $428.94. MAYOR RUTHERFORD MOVED TO REIMBURSE MR. JAMIESON FOR THE MATERIALS SPENT, ON UIS SIGN. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANI@tOUSLY. 'DISCUSSION, MAYOR RUTHERFORD REMINDED THE COUNCIL OF THE LEAGUE OF CITIES .DINNER ON MONDAY, OCTOBER 10TH AT THE PINES. MR. WINCHESTER REMINDED EVERYONE THAT TICKETS TO THE FIREMENS'. CITY .COUNCIL MINUTES OCTOBER 4, 1983 PAGE 4 OF 5 MICROFILMED 4-15.85 .. BALL WERE AVAILABLE FROM SEVERAL COUNCIL MEMBERS AND AT CITY HALL. MEETING WAS ADJOURNED AT 8 :55 P.M. APPROVED THIS 18th DAY OF October , 1983 . C._ IA YOR • ATTEST: CITY CLERK (THESE MINUTES WERE TRANSCRIPED BY SECRETARY, JAN LEESER) CITY COUNCIL MINUTES OCTOBER 4 , 1983 PAGE 5 OF 5 BALL WERE AVAILABLE FROM, SEVERAL COUNCIL MEMBERS AND AT CITY