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HomeMy WebLinkAboutMinutes 10-18-1983CITY COUNCIL REGULAR MEETING OCTOBER 18, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON OCTOBER 18, 1983 AT CITY HALL, 105 POLX AVENUE, CAPE CANAVERAL. THE MEETING WAS CALLED TO ORDER BY MAYOR RUTHERFORD AT 7:30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY MAYOR RUTHERFORD. 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 WERE CITY MANAGER F. NUTT AND CITY ATTORNEY J. SCOTT. MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF OCTOBER 4, 1983. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR RUTHERFORD EXPLAINED THAT AT TIIIS TIME. THE VOLUNTEER OF THE MONTH AWARD WAS TO BE PRESENTED. HOWEVER, SINCE THE RECIPIENT WAS UNABLE TO ATTEND TIIIS. MEETING, THE OCTOBER AWARD WILL BE PRESENTED AT THE NEXT REGULAR COUNCIL MEETING. UNFINISHED BUSINESS ITEM I. ORDINANCE NO. 21-83 RE: AMENDMENTS TO ZONING ORDINANCE PERD1IT8 lSECONDEREADING APPLICATION ANDPUBLICfEARING(BUILDING 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; ANDING BYIDREQUIRING TADDITIONAL� REQUIRE"APPLIMENTS FOR RSITE L PERMIT" PLAN REVIEW; REPEALING ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. FIR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS ORDINANCE SETS UP SOME STANDARDS FOR DEVELOPERS TO FOLLOW WHEN SUBMITTING THEIR SITE PLANS TO THE PLANNING AND .ZONING BOARD FOR. REVIEW.. MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 21-83 ADOPTED. ITEM 2. ORDINANCE NO. 22-83 RE:ESTABLISHING CODE ENFORCEMENT BOARD CITY CODE CIIAPTER 265 (FIRST READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY CODE BY ADDING THERETO A NEW CHAPTER TO BE NUMBERED CHAPTER 265 ENTITLED "CODE ENFORCEMENT BOARD"; PROVIDING FOR THE CREATION, COMPOSITION, ORGANIZATION, JURISDICTION, AND PROCEDURES, OF A CODE ENFORCEMENT BOARD FOR TUE 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 ENFORCEMENT. BOARD; PROVIDING FOR MEETINGS OF SAID CODE ENFORCEMENT BOARD AND FOR THE APPOINTMENT OF 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 CITY COUNCIL RE UUI:R MGEPING - 10-18-83 PAGE 1 OP 5 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 PORTIONS HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF AND FOR OTHER PURPOSES. MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS CODE ENFORCEMENT BOARD WOULD BE ESTABLISHED PER THE FLORIDA STATUTES TO ENFORCE THE CITY CODES. MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO 23-83 RE• AMENDING CHAPTER733, ALCOHOLIC BEVERAGE SALE REGULATIONS REPEALING CHAPTER 735r REGULATIONS OP ALCOHOLICONSUMPT C ION IN A COhID1ERCIAL ESTABLISIIh1ENT (FIRST READING AND PUBLIC IIEARING I. MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE DELETING CHPATER 735 "REGULATIONS OF ALCOHOLIC CONSUMPTION IN A COMMERCIAL ESTABLISHMENT" OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA- AMENDING CHAPTER 733 "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 ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. MRS. CALVERT SUGGESTED TO COUNCIL THAT THEY CONSIDER PUTTING TIIIS SUBJECT ON A REFERENDUM. SHE NOTED THAT TIIIS COULD BE DONE 1N MARCH WHEN THE PRESIDENTAL PRIMARY IS HELD, WHICH WOULD NOT RE- QUIRE THE CITY TO HOLD A SPECIAL ELECTION. DISCUSSION FOLLOWED. CITY ATTORNEY SCOTT WAS ASKED SEVERAL QUESTIONS ON THE ISSUE. HE REQUESTED SOME TIME TO RESEARCH TIIIS .ISSUE AND CONTACT ORANGE. COUNTY ABOUT THE COhMUNITY STANDARDS REFERENDUM WHICH THEY RECENTLY ADOPTED BEFORE ADVISING COUNCIL. MAYOR RUTHERFORD REQUESTED THE CITY ATTORNEY TO HAVE SOME INFORMATION BY THE NEXT COUNCIL WORKSHOP. DEPUTY CABRERA OF THE BREVARD COUNTY SHERIFF'S DEPARTMENT SPOKE TO COUNCIL ABOUT SOME OF THE PROBLEMS THE SHERIFF'S DE- PARTMENT HAS ENCOUNTERED WITH THE BOTTLE CLUBS. VOTE ON THE MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 23-83 PASSED FIRST READING... NEW BUSINESS ITEM 1. ORDINANCE N0. 24-83 RE: AMENDMENTS TO ZONING ORDINANCE NO. 2-83 RE: '.SECTION 371.51, SPECIAL EXCEPTIONS PERh1IS SIDLE BY BOARD OFADJUSTh1ENT 2N C-1 AND SECTION 639.57 DEDICATED PUBLIC LAND (PERhiI SSION TO ADVERTISEI 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; ANDING BYIEBOARD OFCADJJUSTMENT", BYTION 637.51, PALLOWING ECIAL CTOWNHOUSES EPTIONS a PERMISSIBLE ZONING BY A SPECIAL EXCEPTION; AMENDING SECTION 639.57, "DEDICATED PUBLIC LAND", BY RESTRICTING DENSITY CALCULATIONS ON CO EA INTCONFLICT CHEREWITH; PROVIDING EPEALING LPORTIONS AN EFFECTIVE DATE. CITY COUNCIL RBaIAR h1E£PING - 10-18-83 PAGE 2 OF 5 MR. NICHOLAS MOVED TO ADVERTISE THIS AMENDMENT. MR. ,WINCHESTER SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT THIS AMENDMENT IS THE RECOM- MENDATION OF THE PLANNING AND .ZONING BOARD. CITY ATTORNEY SCOTT FURTHER EXPLAINED THAT IT IS CLARIFYING THE. LANGUAGE BY MAKING DIRECT REFERENCE OF ALLOWING TOWNHOUSES IN C-1. MAYOR RUTHERFORD' NOTED THAT. THE AMENDMENT ALSO PROHIBITS VACATED LAND FROM BEING USED IN DENSITY CALCULATIONS. MOTION TO AUTHORIZE ADVERTISING CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 83-77 RE:VACATION OF CHANDLER STREET BETWEEN ROSALIND AND RIDGEWOOD,CHANDLER PARK REPLAY PETITIONER L. BISCONTINI-(PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION VACATING CHANDLER STREET, BETWEEN ROSALIND AVENUE AND RIDGEWOOD AVENUE, IN REPLAT OF CHANDLER PARK, WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; DEDICATION, TO THE CITY OF CAPE CANAVERAL, FLORIDA, A 10 FT. UTILITY EASEMENT IN THE CENTER OF THE VACATED STREET; PROVIDING AN EFFECTIVE. DATE. MR. NICHOLAS MOVED FOR ADOPTION. MAYOR RUTHERFORD SECONDED MOTION. IT WAS POINTED OUT THAT THE. PLANNING AND ZONING BOARD RECOMMENDED DISAPPROVAL OF THIS VACATION REQUEST. MR. McCONNELL, VICE-CHAIRMAN OF THE PLANNING AND ZONING BOARD,. WAS IN ATTENDANCE AND SPOKE TO COUNCIL. HE EXPLAINED THAT THE REASON THEY RECOMMENDED DISAPPROVAL' WAS BECAUSE IF THE STREET IS VACATED, BEACH ACCESS WOULD BE CUT OFF FOR THE RESIDENTS LIVING EAST OF THAT AREA IN THE CANAVERAL BEACH AREA. ATTORNEY MAURICE GRALLA, REPRESENTING PETITIONER L. BISCONTINI, SPOKE TO. COUNCIL. HE EXPLAINED THAT THE OWNERS OF TRACT 11 AND TRACT, 12 HAD JOINED MR. BISCONTINI IN THIS REQUEST FOR VACATION. HE NOTED THAT THE ONLY PEOPLE NEEDING THE BEACH ACCESS AFFORDED BY CHANDLER STREET ARE THE THREE ,PROPERTY OWNERS WHO HAVE PETITIONED COUNCIL FOR THE VACATION. HE FURTHER STATED THAT IF COUNCIL WAS CONCERNED ABOUT BEACH ACCESS, THE DEVELOPERS WOULD PUT IN A NATURE TRAIL FOR PUBLIC USE. MR. GRALLA ALSO ASSURED COUNCIL THAT THE VACATED LAND WOULD .NOT BE USED IN ANY DENSITY CALCULATIONS. MRS. HARRIS EXPRESSED CONCERN ABOUT' EMERGENCY VEHICLE ACCESS. MR. BENNIX, OWNER OF TRACT 11, ADDRESSED COUNCIL AND SPOKE IN .FAVOR OF THE VACATION. MR. KELLER, ACTING BUILDING OFFICIAL, SPOKE IN FAVOR OF THE VACATION. ,11E NOTED IF THE STREET IS OPENED UP IT WOULD GENERATE A LOT OF TRAFFIC IN THAT AREA. VOTE ON, THE MOTION WAS UNANIMOUSLY OPPOSED. RESOLUTION NO.. 83-77 FAILED. ITEM 3.' RESOLUTION NO. '83-78 RE: AUTHORIZING PENSION PLAN CONTRIBUTION TO PENCOA FOR FY 83/84 'MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING PENSION PLAN CONTRIBUTIONS TO PENCOA FOR FISCAL YEAR 1983-84; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL REGULAR MEETING - 10-18-83 PAGE 3 OF 5 • MR.. WINCHESTER MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. IT WAS EXPLAINED THAT THIS EXTENDED OUR PLAN WITH PENCOA FOR ANOTHER YEAR. IT WAS NOTED THAT THIS WOULD BE DONE ANNUALLY AND THAT THE PERCENTILES COULD BE CHANGED. MOTION PASSEDUNANIMOUSLY. ITEM 4. RESOLUTION NO. 83-79 RE: APPOINTMENT OF LIBRARY BOARD MEMBERS MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPOINTING REGULAR MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA). PROVIDING AN EFFECTIVE DATE, COUNCIL HAD BEFORE THEM LETTERS FROM MR. FRANK CARUSO AND MR. WILLIAM REGAR REQUESTING APPOINTMENT TO THE LIBRARY BOARD. MRS. CALVERT MOVED FOR ADOPTION. 'MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. CARUSO AND MR. REGAR WERE APPOINTED TO THE LIBRARY BOARD. ITEM 5. DISCUSSION: BEAUTIFICATION BOARD RE: DUMPSTERS COUNCIL HAD BEFORE THEM A. LETTER CITY MANAGER NUTT HAD 'DRAFTED TO PROPERTY OWNERS AH1O HAVE, DUMPSTERS PLACED ON THE CITY RIGHT-OF-WAY OR HAVE AN UNDERSIZED DUMPSTER. TIIIS LETTER WAS DRAWN UP AT THE REQUEST OF THE BEAUTIFICATION BOARD. THE QUESTION AROSE REGARDING THE ORANGE DUMPSTERS THAT WESTERN WASTE IS PLACING IN THE CITY. MR. NUTT EXPLAINED THAT. OUR CONTRACT STATES THE DUMPSTERS ARE TO BE OF A COLOR ACCEPTABLE TO THE CITY. HE WILL LOOK INTO ,THIS MATTER. ITEM 6. MOTION RE: BID FOR SUB -COMPACT VEHICLE COUNCIL HAD BEFORE THEM TWO BIDS RECEIVED ON THIS VEHICLE. MR. NICHOLAS MOVED TO ACCEPT. THE LOW .BID FROM BOB STEELE CHEVROLET FOR $5,800.00 FOR A 1984 CHEVETTE. MRS. CALVERT SECONDED NOTION. IT WAS POINTED. OUT THAT TIIIS PRICE INCLUDED A TRADE-IN OF $1,025.61 FOR THE 1978 CHEVROLET NOVA. MOTION, CARRIED, UNANIMOUSLY. ITEM 7. MOTION RE: BUILDING OFFICIAL POSITION (AUTHORIZATION SE TO ADVERTI) MR. WINCHESTER MOVED TO READVERTISE THE POSITION OF BUILDING OFFICIAL. MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8.MOTION RESETTING SPECIAL MEETING FOR CERTIFYING ELECTION RESULTS ATTORNEY SCOTT EXPLAINED THAT THE RESULTS OF THE ELECTION NEED TO BE CERTIFIED WITHIN 48 HOURS OF THE ELECTION. MAYOR RUTHERFORD MOVED TO SET THE SPECIAL MEETING ON NOVEMBER 10TH AT 6:45' P.M. MRS.. CALVERT. SECONDED MOTION. MOTION CARRIED, UNANIMOUSLY. AT THIS TIME, ATTORNEY SCOTT REQUESTED COUNCIL TO CONSIDER AN ADD-ON ITEM. MAYOR RUTHERFORD MOVED TO ADD AN ITEM TO THE AGENDA. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ADD-ON ITEM AUTHORIZATION FOR CITY ATTORNEY TO FILE APPEAL IN THE EVENT THE LONG POINT ROAD DECISION COMES OUT ADVERSETO THE CITY CITY COUNCIL REGULAR MEETING - 10-16-83 PAGE 4 OF 5.. MICROFILMED 4-15-85 ATTORNEY SCOTT EXPLAINED HE WOULD LIKE TO HAVE THE AUTHORIZATION TO FILE THIS APPEAL , IF NEEDED, WITHOUT HAVING TO WAIT FOR THE NEXT REGULAR COUNCIL MEETING OR CALLING A SPECIAL MEETING. MR. NICHOLAS MOVED TO AUTHORIZE THE FILING OF AN APPEAL IN THE EVENT THERE IS AN ADVERSE DECISION ON THE LONG POINT ROAD ISSUE. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION CITY MANAGER NUTT INVITED COUNCIL TO THE SPACE COAST KING BENEFIT FOR JIM MORGAN SATURDAY, OCTOBER 22 AT THE BALL PARK. HE ALSO NOTED THAT OUR SAVIOUR' S IS LOOKING FOR VOLUNTEERS FOR THEIR DUNKING BOOTH FOR THEIR FALL FESTIVAL. MEETING WAS ADJOURNED AT 9 : 10 P.M. APPROVED THIS 1st DAY OF November , 1983 . 1.I P! .1lEftr-_ MAYO' ' ATTEST: CI Y CLERK (THESE MINUTES WERE TRANSCRIBED BY SECRETARY JAN LEESER) 1 CITY COUNCIL REGULAR MEETING - 10-18-83 PAGE 5 OF 5 ATTORNEY SCOTT EXPLAINED HE WOULD LIKE TO HAVE THE AUTHORIZATION TO FILE THIS APPEAL, IFNEEDED,' WITHOUT HAVING TO WAIT FOR THE NEXT REGULAR. COUNCIL MEETING OR CALLING ASPECIAL MEETING. MR. NICHOLAS .MOVED TO AUTHORIZE THE FILING OF, AN APPEAL IN THE 'EVENT THERE IS AN ADVERSE DECISION ON THE LONG POINT ROAD ISSUE. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION CITY MANAGER NUTT, INVITED. COUNCIL, TO THE SPACE COAST KING BENEFIT FOR JIM MORGAN SATURDAY, OCTOEER 22 AT THE BALL PARK. HE ALSO NOTED THAT OUR SAVIOUR'S IS LOOKING FOR VOLUNTEERS FOR THEIR DUNKING BOOTH FOR THEIR ,FALL FESTIVAL. MEETING WAS ADJOURNED AT 9:10 P.M. APPROVED THIS 1st DAY OF November ,1983. +-yo ATTEST: CITY CLERK (THESE MINUTES WERE TRANSCRIBED BY SECRETARY JAN LESSER) CITY COUNCIL RDalIAR MEETING - 10-18-83 PAGE 5 OF 5