HomeMy WebLinkAboutMinutes 04-21-1987CITY COUNCIL
REGULAR MEETING
APRIL 21, 1987
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON APRIL 21, 1987, AT CITY HALL, 105
POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO
ORDER AT 7:30 P.M. BY MAYOR PATRICK LEE. INVOCATION WAS LED BY
MR. MARCHETTI WHICH WAS FOLLOWED BY THE PLEDGE OF ALLEGIANCE.
I THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR PATRICK LEE, COUNCIL MEMBERS ROBERT HOGG, MIKE
MARCHETTI AND JOHN MURPHY. ALSO PRESENT WERE CITY MANAGER LEO
NICHOLAS, CITY ATTORNEY JIM THERIAC AND CITY CLERK JAN LEESER.
MR. KIDD WAS ABSENT DUE TO ILLNESS.
MR. MURPHY MOVED TO FOREGO THE READING OF. THE MINUTES OF THE
REGULAR MEETING OF APRIL 7, 1987. MR. HOOG SECONDED MOTION.
VOTE ON THE MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1.' ORDINANCE N0. 7-87 CHANGING THEDISTRICT BOUNDARIES
(REZONING) OF CERTAIN PARCEL6 OF LAND (SECOND
READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, CHANGING THE
DISTRICT BOUNDARIES (REZONING) CERTAIN
PARCELS OF LAND; PROVIDING THAT SUCH CHANGES
TO THE ZONING DISTRICTS SHALL NOT BECOME
EFFECTIVE UNTIL THEY HAVE BEEN DULY ENTERED
UPON THE OFFICIAL ZONING MAP) BY AUTHORIZING
SUCH CHANGES TO BE MADE ON THE OFFICIAL
ZONING MAP AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID CHANGES ON THE OFFICIAL
ZONING MAP; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
' MR. MARCHETTI MOVED FOR ADOPTION. MR. MURPHY SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE N0. 8-87 AMENDING ZONING REGULATIONS BY
ALLOWING ROOF OVERHANG6 AND AIR CONDITIONER UNITS
IN REQUIRED SETBACK (SECOND READING AND PUBLIC
HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:.
CITY COUNCIL RD3RAR MEETING -
APRIL 21, 1987
PAGE 1 OF 5
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA] AMENDING SECTION 639.21,
"SETBACK ENCROACHMENTS"; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. HOOD MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO, 9-87 AMENDING ZONING REGULATIONS BY
INCREASING MAXIMUM LOT COVERAGE. ALLOWED IN R-1
ZONES (SECOND READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AMENDING SECTION 637.11,
"R-1, AREA AND DIMENSION REGULATIONS" BY
INCREASING THE MAXIMUM. LOT COVERAGE;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. MOOG MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 4.. RESOLUTION NO. 87-20 ELECTING MAYOR PRO
TEM (POSTPONED 4-7)
.MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ELECTING A MAYOR PRO TEM OF THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
MR. HOOD MOVED TO ADOPT RESOLUTION NO. 87-20 AND INSERT THE
NAME OF JOHN MURPHY IN SECTION ONE. MAYOR LEE SECONDED MOTION.
DISCUSSION FOLLOWED. MR. MURPHY EXPLAINED THAT HE THOUGHT THAT
MR. MARCHETTI OR MR. HOOG SHOULD BE APPOINTED TO THE POSITION OF
MAYOR PRO TEM SINCE THEY HAD SENIORITY ON THE COUNCIL. MR.
MARCHETTI NOTED IT WOULD BE DIFFICULT FOR HIM TO BE AVIALABLE TO
SIGN CHECKS. MR. MURPHY MOVED TO AMEND THE MOTION BY INSERTING
THE NAME OF BOB HOOG IN SECTION ONE. MR. MARCHETTI SECONDED
MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS.
RESOLUTION NO. 87-20 WAS ADOPTED APPOINTING BOB MOOG AS MAYOR PRO
TEM.
CITY COUNCIL REGULAR MEETING
APRIL 21, 1987
PAGE 2 OF 5
NEW BUSINESS
ITEM 1. ORDINANCE Mn 11-87 AMENDING ZONING REGULATIONS
SECTION 639.25 VISIBILITY AT INTERSECTIONS (FIRST
READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AMENDING SECTION 639.25,
"VISIBILITY AT INTERSECTIONS"; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
I MR. MARCHETTI MOVED TO APPROVE FIRST READING., MR. HOOG
SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS
UNANIMOUS.
ITEM 2. ORDINANCE N0. 12-87 AMENDING ZONING REGULATIONS
SECTION 645.05 SITE PLAN SUBMITTAL AND REVIEW
PROCEDURES (FIRST READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AMENDING SECTION 645.05,
SITE PLAN SUBMITTAL AND REVIEW PROCEDURES";
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. HOOG MOVED TO APPROVE FIRST READING. MR. MURPHY
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO 14-87 AMENDING CHAPTER _611, BUILDING
CODE BYAMENDING APPENDIX "A" OF THE STANDARD
BUILDING CODE (FIRST READING AND PUBLIC HEARING)
MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 611, BUILDING
CODE, OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
BY AMENDING SECTIONS A101.4.1 AND A101.4.2 OF
APPENDIX "A" OF THE STANDARD BUILDING CODE;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
' MR. HOOG MOVED TO APPROVE FIRST READING. MR. MURPHY
SECONDED MOTION. IT WAS EXPLAINED THAT THIS ORDINANCE WOULD
AMEND THE SECTION OF THE STANDARD BUILDING CODE WHICH STATES THE
BUILDING OFFICIAL SHALL BE APPOINTED AND REMOVED FROM OFFICE BY
THE CITY COUNCIL. MR. THERIAC NOTED THAT THIS SECTION WAS
DELETED IN PREVIOUS YEARS WHEN THE STANDARD BUILDING CODE WAS
CITY COUNCIL RDGUTAR MEETING
APRIL 21, 1987
PAGE 3 OF 5
ADOPTED WITH THE EXCEPTIONS OF THE LAST ADOPTION IN 1986. HE
FURTHER NOTED THAT THE 1984 REVISION WAS DRAFTED BY FORMER
BUILDING OFFICIAL ARTIS GUNN. DISCUSSION WAS HELD ON THE
LEGALITY OF LEAVING THAT SECTION IN THE CODE SINCE THERE WAS A
REFERENDUM VOTE WHICH CHANGED THE CITY CHARTER TO THE CITY
MANAGER FORM OF GOVERNMENT. MR. MARCHETTI VOICED THE OPINION
THAT THE SECTION SHOULD REMAIN IN IN THE CODE.
VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. HOOG,
MAYOR LEE AND MR. MURPHY) OPPOSED, MR. MARCHETTI. ORDINANCE NO.
14-87 PASSED FIRST READING.
ITEM 4. RESOLUTION N0. 87-25 PLAT APPROVAL WN
BRO'S
SUBDIVISION PHASE 2 (2 UNITS), LOT 6 BLOCK 3.
AVON—BY—THE—SEA (LOCATED AT 317 319 WASHINGTON
AVENUE) — JOEL BROWN
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPROVING THE PLAT OF "BROWN'S
SUBDIVISION, UNIT TWO') AUTHORIZING THE MAYOR
AND THE CITY CLERK TO CERTIFY THE PLAT)
PROVIDING AN EFFECTIVE DATE.
MR. HOOG MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 5. RESOLUTION NO. 87-26 AMENDING GARBAGE COLLECTION
RATES
MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION ESTABLISHING A NEW SCHEDULE OF
RATES FOR GARBAGE AND TRASH COLLECTION WITHIN
THE CITY OF CAPE CANAVERAL, FLORIDA)
PROVIDING AN EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION. MR. HOOG .SECONDED MOTION.
IT WAS POINTED OUT THAT THIS TWO PERCENT RATE INCREASE WAS
ALLOWED UNDER THE CONTRACT WITH WESTERN WASTE INDUSTRIES. .VOTE
ON THE MOTION WAS UNANIMOUS. RESOLUTION N0. 87-26 WAS ADOPTED.
ITEM 6. MOTION REs AE VEST FOR VENDOR'S LICENSE MO'S HOT
DOGS — M u"N GEAGAN
THE PETITIONER, MAUREEN GEAGAN, PRESENTED A PETITION WITH 95
SIGNATURES ASKING THAT THEY BE ALLOWED, TO SELL HOT DOGS AT THE
CITY BALLPARK ON SUNDAYS. DISCUSSION FOLLOWED. MR. THERIAC
EXPLAINED THAT RESTRICTIONS, SUCH AS LIMITING THE HOURS OF SALE
TO A CERTAIN DAY AND TIME, COULD NOT BE STIPULATED WHEN APPROVING
THE LICENSE. CONCERN WAS VOICED REGARDING ALLOWING THE VENDOR TO
CITY COUNCIL REGULAR MEETING
APRIL 21, 1987
PAGE 4 OF 5
BE SITUATED ON CITY PROPERTY. IT WAS SUGGESTED THAT THE
RECREATION BOARD BE ASKED TO STUDY THE ISSUE. THE POSSIBILITY OF
CONTRACTING THIS TYPE OF SERVICE WAS ALSO DISCUSSED.
MR. MURPHY MOVED TO TABLE THIS ITEM. MR. MARCHETTI SECONDED
MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 7. MOTION RE: BUDGET TRANSFERS
MR. MARCHETTI MOVED TO ACCEPT THE BUDGET TRANSFERS. MR.
HOOD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE BUDGET ,
TRANSFERS ARE ATTACHED TO THESE MINUTES AND MADE A PART HEREOF BY
REFERENCE.
DISCUSSION
MR. NICHOLAS NOTED THAT IN ORDER TO APPLY FOR THE GRANT
MONIES FOR THE DUNE CROSSOVER PROJECT, SURVEYS ARE NEEDED OF THE
PROPOSED CROSSOVERS. MR. MARCHETTI MOVED TO ADD THE FOLLOWING
ITEM TO THE AGENDA. MR. MOOG SECONDED MOTION. VOTE ON THE
MOTION WAS UNANIMOUS.
ADD-ON-ITEM: MOTION RE: AUTHORIZING AN EXPENDITURE NOT TO
EXCEED 2,000 FOR SURVEY OF PROPOSED DUNE
CROSSOVERS
MR. MARCHETTI SO MOVED. MR. MOOG SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
MR. THERIAC GAVE A REPORT ON THE STATUS OF FORMER BUILDING
OFFICIAL, ARTIS GUNN. HE EXPLAINED THAT MR. GUNN HAD ASKED FOR
FOUR MONTHS SEVERENCE PAY. HE FURTHER NOTED THAT THE CITY
COUNCIL MAY BE REQUIRED TO SIT AS A HEARING BOARD ON THE CASE, IF
SO REQUESTED BY MR. GUNN.
DISCUSSION WAS HELD ON SOUTHERN SEAFOOD'S USE OF THE SEWER
SYSTEM WITHOUT PAYING IMPACTFEES► THE SHERIFF ISSUING CITATIONS
FOR DOGS ON THE BEACH AND TRASH AROUND THE DUMPSTERS. I
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 8:40 P.M.
APPROVED THIS 5th DAY OF Pay , 1987.
MAYOR PRO TEM
ATTEST:
fY CLERK CITY COUNCIL REGULAR MEETING
APRIL 21, 1987
PAGE 5 OF 5
BUDGET TRANSFERS
GENERAL FUND
REVENUE
ADJUSTED
ACCOUNT i
DESCRIPTION INCREASE
DECREASE
BUDGET
001-334.9
State Grant
Planning Assistance
16,299
16,299
001-347.211
Recreation Programs
1,335
13,665
001-347.292
Shuffleboard Ct. Rentals
550
1,450
001-347.294
Tennis Instruction
1,750
5,250
001-360.3
Recreation Equipment Sales
2,000
500
001-369.2
Site Plan Review Income
1,000
7,000
001-369.3
Refund of Prior Year Exp.'
3,660
16,660
001-380.3
Transfer from Public
Improvement
12,000
15,000
EXPENDITURES
ADMINISTRATION.
001-2-513.24
Worker's Compensation
314
616
001-2-513.52
Operating Supplies
300
1,190
001-2-513.64
Machinery 6 Equipment
538.(
-
538
001-2-513.22
Retirement Contribution
552
8,292
001-2-513.524,
Motor Fuel
600.
370
PLANNING 6 ZONING
-
-
001-3-515.31.
Engineering
17,000
17,500
PUBLIC SAFETY
-
001-4-521.24
Worker's Compensation
- 12
-
227
001-4-521.461
Building 6 Grounds Maint.
600
1,800
001-4-521.45
General Insurance
X612
1,128
FIRE DEPARTMENT
001-5-522.24
Worker's Compensation
150
1,386
001-5-522.45
General Insurance
150-.
23,200
BUILDING DEPARTMENT
001-6-524.45
General Insurance
1,748
-
3,526
001-6-524.24
Worker's Compensation
935
2,981
001-6-524.23
Life s Health Insurance
813
3,454
BUDGET TRANSFERS
EXPENDITURES GENERAL FUND
ADJUSTED
ACCOUNT 4 DESCRIPTION INCREASE
DECREASE
BUDGET
STREET DEPARTMENT
001-7-541.24 Worker's Compensation
364
9,510
001-7-541.31 Engineering Fees
1,330
1,330
001-7-541.45 General Insurance
600
6,910
001-7-541.53 Street Repairs
15,000
153,916
PARKS & PLAYGROUNDS
001-8-572.24 Worker's Compensation
46
416
001-8-572.45 General. Insurance
361
726
001-8-572.461 Building & Grounds Maint.
500.
3,500
001-8-572.41 Communications Service
250
-0
RECREATION COMPLEX
001-11-572.23 Life & Health Insurance
:350
2,717
001-11-572.24 Worker's Compensation
382
2,783
001-11-572.343 Lifeguard Contract
1,651
5,151
001-11-572.45 General Insurance
1,735
3,285
001-11-572.5213 Tennis Instruction
-
- 1,400
4,200
001-11-572.529 Programs Expense
'1,067
10,433
LEGAL
_
001-13-514.40 Travel & Per Diem
-
177
823
001-13-514.45 General Insurance
177.
427
BEAUTIFICATION BOARD
001-15-539.14 Overtime
275
-0-
001-15-539.21 F.I.C.A. Taxes
-
20
-0-
001-15-539.43 Utilities
,275
-0-
001-15-539.52 Promotional Supplies
5,200
-0-
NON-DEPARTMENTAL
001-17-901.31 Professional Services
1,400
Pension Analysis
1,400
001-17-901.48 Publicity & Promotion
1,035
3,535
001-17-901.63 Dune Crossover Exp.
1,600
Phase III
1,600
001-17-901.99 Contingency
6,443
49,601
BUDGET TRANSFER RECAP
GENERAL FUND
Adjusted
Budget
Revenue Increased $28,424 to
...$1,966,111
Planning 6 Zoning Increased $17,000 to
19,672
Street Department Increased $17;294 to
367,223
Parks 6 Playgrounds Increased $657.00 to.
23,220
Recreation Complex Increased $1,651 to
125,411
Beautification Board Decreased $5,770 to
-0-
Note *This is a transfer out of General Fund_
to the Beautification Fund.
Non -Departmental, Increased $4,035 to
38,755
Contingency Decreased$6,443 to
49,601
BEAUTIFICATION FUND
EXPENDITURE BUDGET
ACCOUNT i
DESCRIPTION
AMOUNT
203-15-539.12
Salaries 6 Wages
.6,260
203-15-539.14
Overtime
275
203-15-539.21
F.I.C.A. Taxes
470
203-15-539.23
Life &Health Insurance
170
203-15-539.31
Engineering Fees
.5,000
203-15-539.314
Physicals
175
203-15-539.42
Postage
50
203-15-539.43
Utilities.
1,000
203-15-539.45
General Insurance
'_So0
203-15-539.462
Equipment Maintenance.
500
203-15-539.52
Promotional Supplies
5,200
203-15-539.521
operational Supplies
1,000
203-15-539.523
Uniforms
150
203-15-539.524
Motor. Fuel
,100
203-15-539.64
Machinery 6 Equipment
10,000 30,850
203-15-539.63
- Landscaping
89,150
$120,000
BUDGET TRANSFERS
SEWER FUND
REVENUE
ACCOUNT $
DESCRIPTION
INCREASE DECREASE
401-343.53
Sewer Assessment Fees
.50,000
401-361.14
Interest Income -
7,000
Revenue Fd
401-361.16
interest Income'-
Fd.
3,500:
Sewer Sys. Const.
'401-369.3
Refund of Prior Yr. Exp.
212
EXPENDITURES
401-10-535.14
Overtime
5,900,..
401-10-535.21
F.I.C.A. Taxes
350
401-10-535.45
General Insurance
8,607
401-10-535.63
Facility improvements
9,428
401-10-535.64
Machinery 6 Equipment
1,905. -
401-10-535.24
Worker's Compensation' Ins.
1,348
401-19-901.644
Expansion Fund Costs
s
35,870
ADJUSTED
BUDGET
300,000
17,000
6,500
3,212
10,200
23,175
22,972
9,428
30,555
8,679
388,489