HomeMy WebLinkAboutMinutes 06-06-1989 CITY COUNCIL
REGULAR MEETING
JUNE 6 , 1989
A Regular Meeting of the City Council of the City of Cape Canaveral,
Florida was held on June 6, 1989, at the City Hall Annex, 111 Polk
Avenue, Cape Canaveral, Florida. The meeting was called to order at
7: 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by
Mayor Salamone.
Er, The roll was called by the City Clerk. Officials present were Mayor
Joy Salamone, Mayor Pro Tem Robert Hoog, Council Members Jeff Kidd,
Steve Miller and Rocky Randels. Also present were City Manager, Leo
Nicholas; City Attorney, Jim Theriac, and City Clerk, Jan Leeser.
Mr. Kidd moved to forego the reading of the minutes of the Regular
Meeting of May 16, 1989 . Mr. Hoog seconded motion. Motion carried
unanimously.
NEW BUSINESS
1 . Ordinance No. 5-89 Amending Zoning Regulations Section 632.01
by Providing for Compact Car Parking in the Definition of Off
Street Parking Space (Second Reading and Public Hearing )
AN ORDINANCE AMENDING SECTION 632.01 OF THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY
AMENDING THE DEFINITION OF "OFF STREET PARKING SPACE" TO PRO-
VIDE FOR COMPACT CAR PARKING; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE .
Mayor Salamone read the title of the Ordinance. Mr. Hoog moved for
adoption. Mr. Kidd seconded motion. Mr. Randels spoke in favor of
the proposed ordinance. Motion carried unanimously. Ordinance No.
5-89 was adopted on second reading .
NEW BUSINESS
1 . Resolution No. 89-27 Canceling Regular Council Meeting of July
4th and Combining with Workshop Meeting of June 29th
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA CANCELING
THE REGULAR COUNCIL MEETING SCHEDULED FOR JULY 4, 1989 AND
COMBINING WITH THE WORKSHOP MEETING OF JUNE 29 , 1989 ; PROVIDING
AN EFFECTIVE DATE .
Mayor Salamone read the title of the Resolution. Mr. Randels moved
for adoption. Mr. Miller seconded motion. Motion carried unan-
imously.
2. Resolution No. 89-26 Establishing Public Hearing Date to
Consider Vacating 20 ' Alleyway West of Tracts 1 , 2 & 3 and East
of Tracts 4 & 4A, Chandler Park, Section 14, Township 24S,
Range 37E (Cheri Down Park) - Brevard County
A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A TWENTY-FOOT ALLEYWAY LYING WEST OF
TRACTS 1 , 2 & 3 AND EAST OF TRACTS 4 & 4A, CHANDLER PARK;
AUTHORIZING THE CITY CLERK TO ADVERTISE SAID PUBLIC HEARING;
PROVIDING AN EFFECTIVE DATE .
Mayor Salamone read the title of the Resolution. Mr . Hoog moved for
adoption. Mr. Miller seconded motion. Discussion was held on
CITY COUNCIL REGULAR MEETING
JUNE 6, 1989
PAGE 1 OF 3
whether or not the Council ' s position of requesting paid parking
at Cheri Down Park should be included in the Resolution. It was
pointed out that since it was a different subject matter, it should
be handled independently and the City Manager advised he would send
a letter to the County on the issue.
Vote on the motion was unanimous. Resolution No. 89-26 was adopted.
3. Motion Re: Authorization to Purchase Hurst Tool Upgrade for
Volunteer Fire Department
Mr. Nicholas advised the cost to upgrade the Hurst Tool (Jaws-of-
Life) would be $3, 854. 00, which would be a Sole Source Purchase. He
further noted that the necessary funds were allocated in the fire
department ' s budget. Mr. Randels moved to authorize the purchase.
Mr. Hoog seconded motion. Vote on the motion was unanimous.
4. Motion Re : Authorization to Purchase Replacement Mower for
Street Department
Mr. Nicholas explained that the five year old mower the street
department used for mowing the road right-of-way needed a replace-
ment clutch which would cost $ 1 ,500.00 . He recommended trading it
in for a new mower and noted a new mower could be purchased from the
State Bid List for $6, 710.00 . Mr. Randels moved to authorize the
purchase. Mr. Kidd seconded motion. Motion carried unanimously.
5. Motion Re: Authorization to Purchase Mower for Beautification
Mr. Nicholas noted that a larger mower was needed to maintain the
City' s beautification projects . He explained that the cost of the
mower was $2,672.00 and that no money was allocated in the beautifi-
cation budget for capital equipment. Mr. Randels moved to authorize
the purchase. Mr. Miller seconded motion. Motion carried
unanimously.
ADD-ON ITEM
Ms. Laurie Lewis, Branch Manager of the First Union Bank of Cape
Canaveral addressed the Council regarding a one-day used car sale
Hertz was planning to hold at the Bank on Saturday, June 10th. Ms.
Lewis explained that she had inquired about an occupational license
for the sale in March and was under the impression the license would
be issued. She further noted that she was notified the day of the
Council Meeting that the license had been disapproved by the
Building Official, without a special exception being granted by the
Zoning Board of Adjustment. Ms. Lewis explained that the bank and
Hertz had advertised the sale all over the state and asked what
could be done in order for them to hold the sale.
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Mr. Theriac advised the Council of their options in this matter,
i.e. to allow the sale which would violate their own policy, or to
adopt an emergency ordinance. Discussion was held on the legal rami-
4,,, f icat ions of following either option.
Mr. Lamar Russell, Chairman of the Planning and Zoning Board, ex-
plained that he did not think the Board ' s intent in prohibiting
used-car sales in a C-1 Zone was to preclude one-day sales. He
further questioned the Building Official 's interpretation of the
Ordinance. Mr. Nicholas cautioned the Council against trying to
interpret the Zoning Ordinance and pointed out that the Building
Official is charged with the responsibility of interpreting and
administering the Ordinance.
Discussion continued. Mr . Kidd moved to add the following item to
the agenda. Mr. Hoog seconded motion. Vote on the motion was
CITY COUNCIL REGULAR MEETING
JUNE 6, 1989
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unanimous. At this time, a five-minute recess was called. The
meeting was reconvened at 8: 40 P.M.
6. Emergency Ordinance No. 6-89 Allowing One day Multi
Car Sales
AN EMERGENCY ORDINANCE ALLOWING ONE DAY MULTI-CAR SALES;
PROVIDING AN EFFECTIVE DATE; PROVIDING AN EXPIRATION DATE .
Mayor Salamone read the Emergency Ordinance in its entirety. Mr.
Randels moved for adoption. Mr. Kidd seconded motion. Discussion
continued. Vote on the motion was unanimous. Emergency Ordinance
No. 6-89 was adopted.
(rir
DISCUSSION
Mr. Nicholas suggested posting "Tow Away Zone" signs on the dunes
in an attempt to enforce the no parking in that area. Discussion
followed. Council was in favor of the suggestion.
Mr. Theriac advised that the City had received a check for
$11 ,343.00 as partial payment on the Star Beach Condominium sewer
fees.
Mr. John Ossman, a resident of Canaveral Sands, addressed the
Council regarding the County' s apathy in maintaining Cheri Down Park.
He further noted that the County was considering purchasing the
vacant property between the park and Canaveral Sands and encouraged
the City to encourage them in this endeavor. Discussion followed.
Mr. Nicholas was directed to write a letter to the County
Commissioners on the matter.
There being no further business, the meeting was adjourned at 8:55
P.M.
Approved this 20th day of June , 1989 .
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CITY COUNCIL REGULAR MEETING
JUNE 6, 1989
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