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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. f' 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 PAGE 2 OF 3 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 . C4610' C C-► . R • „, ` p � G+-.gy ' •'F ��t• i til [pp CITY COUNCIL REGULAR MEETING JUNE 6, 1989 PAGE 3 OF 3