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Home My WebLink About03-20-1973 Regular MeetingREGULAR MEETING MICROFILMED 4.24-80 ' J CITY COUNCIL MARCH 20, 1973 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HELD ON MARCH 20, 1973 AT THE CITY HALL 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:32 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. FIRKINS, JR. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR FIRKINS; COUNCILMEN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALVAGGIO AND MRS. ANN THURM; WOLFMAN; CITY CLERK THE MINUTES MEETING OF MARCH 7, WERE ALL APPROVED A� MITTED. CITY MANAGER A. J. FRANCIS; CITY ATTORNEY STANLEY ANITA OSTROM; SGT. AT ARMS WILLARD WINNETT. OF THE REGULAR MEETING OF MARCH 6, 1973, SPECIAL 1973 AND THE SPECIAL MEETING OF MARCH 15, 1973 3 SUBMITTED. THE TREASURY REPORT FOR FEBRUARY 1973 WAS APPROVED AS SUB- UNFINISHED BUSINESS: ITEM 1. ORDINANCE 5 -73 - AMENDING RULES OF PROCEDURE (2ND READING) . MR. RUTKOWSKI READ THE ORDINANCE ENTITLED "AN ORDINANCE ES- TABLISHING RULES AND PROCEDURES FOR THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, ABOLISHING AND REPEALING ALL OTHER ORDINANCES IN CON- FLICT THEREWITH; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI MOVED FOR THE ADOPTION OF THE ORDINANCE. MRS. THURM SECONDED THE MOTION. MR. RHAME BROUGHT OUT SEVERAL POINTS THROUGHOUT THIS ORDINANCE THAT SHOULD BE AMENDED. THE COUNCIL WAS IN AGREEMENT. MR. RHAME MOVED THAT THIS ITEM BE POSTPONED TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL. MR. SALVAGGIO SECONDED THE MO- TION. MOTION CARRIED BY UNANIMOUS VOTE OF COUNCIL. ITEM 2. ORDINANCE 6 -73 - TREE PROTECTION ORDINANCE (1ST RE DING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE PER- TAINING TO THE REMOVAL OF CERTAIN TREES ON DESIGNATED PARCELS OF REAL PROPERTY WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; SETTING FORTH THE PROPERTIES TO WHICH THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL APPLY AND THE REQUIREMENTS AND PROCEDURES FOR OBTAINING A PER- MIT FOR REMOVAL OF TREES ON SAID PROPERTIES; PROVIDING FOR THE RE- LOCATION OR REPLACEMENT OF TREES WHERE CONSTRUCTION NECESSITATES THEIR REMOVAL; SETTING FORTH CERTAIN PRECAUTIONARY PROCEDURES FOR PROTECTING AND PRESERVING TREES ON PROPERTIES DURING CONSTRUCTION OF IMPROVEMENTS THEREON; PROVIDING THAT THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL MAY WAIVE OR VARY CERTAIN ESTABLISHED STANDARDS AND PROVISIONS OF THIS ORDINANCE DUE TO UNREASONABLE HARDSHIPS; PROVID- ING FOR THE APPEAL OF DECISIONS TO THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL CONCERNING THE ENFORCEMENT AND INTERPRETATION OF THE TERMS AND PROVISIONS OF THIS ORDINANCE; PROVIDING A PENALTY FOR FAIL- URE TO COMPLY HEREWITH; PROVIDING AN EFFECTIVE DATE: MR. RUTKOWSKI MOVED TO APPROVE FIRST READING OF THE ORDINANCE. MRS. THURM SECONDED THE MOTION. MR. RHAME QUESTIONED GUIDE LINES TO THEBUILDING OFFICIAL IN REGARD TO DECISIONS AND ENFORCEMENT OF THE MICROFILMED 4 -24 -80 ORDINANCE. MR. RHAME MOVED TO POSTPONE THIS ORDINANCE TO THE NEXT REGULAR MEETING OF THE COUNCIL. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. ITEM 3. ORDINANCE 7 -73 - AMENDING ORDINANCE 18 -63 (2ND READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED " AN ORDINANCE AMENDING ORDINANCE 18 -63 BY DELETING THEREFROM THE REQUIREMENT THAT MEMBERSHIP OF THE ZONING AND PLANNING BOARD BE OWNERS OF REAL PROP- ERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UN- ANIMOUS VOTE OF THE COUNCIL, THE ORDINANCE WAS ADOPTED. ITEM 4. ORDINANCE 8 -73 - AMENDING ZONING ORDINANCE (2ND READI. MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE AMEND-, ING 12 -71 AS AMENDED, WHICH AMENDS SECTION VI.1 THEREOF AS TO THE ZON- ING DISTRICT CLASSIFICATION CHANGING FROM M -3 CLASSIFICATION TO C -1 CLASSIFICATION PART OF LOT 3 AS DESCRIBED IN DEED BOOK 177 AND DEED BOOK 118, BLOCK 18, SECTION 14, TOWNSHIP 24s, RANGE 37e, BREVARD COUNTY, FLORIDA, CONTAINING APPROXIMATELY 1.9 ACRES; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION, MRS. THURM SECONDED THE MOTION. MR. RHAME POINTED OUT THAT THE APPLICANT FOR THIS ZONING CHANGE WAS TO HAVE FURNISHED THE COUNCIL WITH SOME INFORMATION FOR AN ACCESS ROAD TO THE PROPERTY AND HAD NOT DONE SO. THE CITY MANAGER WAS ASKED TO CONTACT THE OWNER IN REGARD TO THIS PROPOSED ACCESS. MR. RHAME MOVED THAT THIS ITEM BE POSTPONED TO THE NEXT REGULAR MEETING, MRS. THURM SECONDED. THE MOTION CARRIED BY UNANIMOUS VOTE. NFW RTTRTNFRS - ITEM 1. ORDINANCE 9 -73 REGARDING LIBRARY BOARD (1ST READING} MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE ADOPTING SECTIONS 167.29 THROUGH 167.39 FLORIDA STATUTES, PROVIDING FOR ESTABLISHMENT OF A CITY LIBRARY; LIBRARY BOARD; LIBRARY FUNDS; GENERAL POWERS OF LIBRARY BOARD; FREE USE OF LIBRARY BY INHAB- ITANTS; REPORTS OF LIBRARY BOARD TO COUNCIL; AMENDMENT OF BY -LAWS ESTABLISHED BY LIBRARY BOARD; PENALTY FOR VIOLATION OF RULES ESTAB- LISHED BY LIBRARY BOARD; DONATIONS TO LIBRARY; EXEMPTION OF LIBRARY PROPERTY FROM EXECUTIONS AND TAXES; ESTABLISHMENT OF CIRCULATING LI- BRARY; PROVIDING.FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE." MRS. THURM BROUGHT OUT THAT IT WAS THE DESIRE OF THE LIBRARY BOARD TO HAVE THIS ITEM DELETED FROM THE AGENDA. MR. WOLFMAN REPORTED ON HIS CONVERSATION WITH THE BREVARD COUNTY LIBRARY COORDINATOR RE-. GARDING THIS ITEM STATING THAT IT WAS NOT A REQUIREMENT OF THE COUNTY LIBRARY BOARD THAT THIS ORDINANCE BE PASSED. MRS. THURM MOVED TO DE- LETE THE ITEM FROM THE AGENDA. MR. SALVAGGIO SECONDED AND THE MOTION CARRIED BY UNANIMOUS VOTE. ITEM 2. RESOLUTION 73 -12 - ELECTING LIBRARY BOARD MEMBER MR. SALVAGGIO INTRODUCTED THE NAME OF MRS. WES KIRBY AS NOM- INEE FOR THE LIBRARY BOARD. THERE BEING NO OTHER NOMINATIONS, MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION ELECTING A-MEMBER. 10 THE LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE." MRS. THURM STATED THAT MRS. WES KIRBY WAS NOT THE LEGAL NAME OF THE NOMINEE AND THAT THE NAME OF MARY KIRBY SHOULD BE INSERTED INTO THE RESOLUTION. MR. RUTKOWSKI MOVED FOR THE ADOPTION OF THE.RESOLUTION NAM- ING MRS. MARY KIRBY TO THE LIBRARY BOARD. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 3.. MOTION SETTING SPECIAL MEETING TO CERTIFY ELECTION RESULTS. r.. MR. SALVAGGIO MOVED THAT THE MEETING TO CERTIFY THE ELECTION m O RESULTS BE HELD ON TUESDAY, MARCH 27, 1973 WHEN THE BOARD FINISHED IT'S T _ r COUNT AND CERTIFIED THE VOTE. MRS. THURM SECONDED THE MOTION. MOTION rn MOTION CARRIED BY UNANIMOUS VOTE. MR. RUTKOWSKI MOVED THAT TIME BE SET -P FOR THE MEETING AT 10:00 P.M. MR. SALVAGGIO SECONDED THE MOTION. Iv MOTION CARRIED BY UNANIMOUS VOTE OF COUNCIL. 60 C> ITEM 4. ORDINANCE 10 -73 - HOOK'UP FEES FOR SEWER (1st READING). THE MAYOR READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTABLISH- ING A SEWER CONNECTION ASSESSMENT ON ALL NEW CONSTRUCTION IN THE CITY OF CAPE CANAVERAL, FLORIDA, TO DEFRAY THE COSTS AND EXPENDITURES OF OPERATING AND MAINTAINING THE CITY SEWER SYSTEM; PROVIDING A SCHEDULE OF CONNECTION RATES; PROVIDING FOR THE COLLECTION OF SAME; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI MOVED FOR APPROVAL OF FIRST READING, MRS..THURM SECONDED THE MOTION. AFTER DISCUSSION OF PROPOSED AMENDMENTS PRIOR TO SECOND READING THE VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MRS. THURM, MR. SALVAGGIO, MR. RUTKOWSKI, MR. RHAME. OPPOSED MAYOR FIRKINS. MOTION CARRIED, FIRST READING APPROVED. ITEM S. ORDINANCE 11 -73 - DEVELOPMENT FEES (1st READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE OF THE :CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A POLICE AND FIRE PROTECT- ION AND.RECREATIONAL FACILITY DEVELOPMENT FEE ON NEW CONSTRUCTION; PRO- VIDING FOR THE OUTLAY OF SAID FEE FOR EXPENDITURES RELATED TO SAME; DI- RECTING THE CITY TREASURER TO COLLECT SAID FEE; IMPOSING SANCTIONS IN THE EVENT SAID FEE IS NOT COLLECTED; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI MOVED FOR APPROVAL OF FIRST READING, MR. RHAME SECONDED THE MOTION. DUE TO NO DECISION HAVING BEEN MADE AS TO FIGURES INCORPORATED INTO THE ORDINANCE, MR. RHAME MOVED TO POSTPONE THE ITEM TO THE NEXT REGULAR MEETING IN ORDER TO PROPERLY WORK SHOP THE ORDINANCE. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO MRS. THURM. OPPOSED MR. RUTKOWSKI . MOTION CARRIED. ITEM 6. ORDINANCE 12 -73 - SPRINKLER & ALARM SYSTEMS (1st READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 14.6 OF THE FIRE PREVENT- ION CODE BY REQUIRING THE INSTALLATION OF AUTOMATIC SPRINKLER DEVICES IN CER- TAIN BUILDINGS; PROVIDING FOR THE INSTALLATION OF AUTOMATIC SPRINKLER DEVICES IN EXISTING BUILDINGS WITHIN SPECIFIED TIME SPANS AND AMENDING CODE TO REQUIRE ADEQUATE ACCESS FOR FIRE APPARATUS; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE OF THE COUNCIL FIRST READING WAS APPROVED. e MICROFILMED 4 -24 -80 _ ® ITEM 7. ORDINANCE 13 -73 - AMENDING ZONING ORDINANCE REGARDINU PERMITTED USES IN M -1 ZONING (IST READING - PUBLIC HEARING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE AMEND- ING ORDINANCE NO. 12 -71, AS AMENDED, OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION VII "SCHEDULE OF DISTRICT REGULATIONS ", BY PERMITTING EATING AND DRINKING ESTABLISHMENTS IN M -1 ZONING; AND BY EXCEPTING EATING AND DRINKING ESTABLISHMENTS AS PERMITTED USES IN M -2 AND M -3 ZONING; ESTABLISHING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNAN- IMOUS VOTE OF THE COUNCIL, FIRST READING WAS APPROVED. ITEM 8. ORDINANCE 14 -73 - MAYOR FIRKINS READ THE ORD LISHING COMPENSATION FOR THE MAYOR CANAVERAL, FLORIDA, COMMENCING THE ION OF JUNE, 1973, EFFECTIVE FOR A VIDING AN EFFECTIVE DATE." COMPENSATION FOR COUNCIL (1ST READING) INANCE ENTITLED 'SAN ORDINANCE ESTAB AND COUNCILMEN.OF THE CITY OF CAPE FIRST MONTH AFTER THE GENERAL ELEC TWO YEAR PERIOD.THEREAFTER; PRO- MR. SALVAGGIO MOVED THAT THE FEES NOW BEING PAID TO COUNCIL BE DOUBLED. MR. RHAME SECONDED THE MOTION. VOTE.WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MAYOR FIRKINS. OPPOSED MR. RUTKOWSKI, MRS. THURM. THE MOTION CARRIED. MR. SALVAGGIO MOVED FOR THE APPROVAL OF FIRST READING OF THE ORDINANCE. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MAYOR FIRKINS. OPPOSED MR. RUTKOWSKI, MRS. THURM. THE MOTION CARRIED. FIRST READING WAS APPROVED TO SET THE NEW FEES AT $1200400.PER YEAR FOR COUNCIL AND $1600.00 PER YEAR FOR MAYOR. ITEM 9. RESOLUTION 73 -13 - NAMING VOTING AUTHORITY FOR BREVARD LEAGUE OF MUNICIPALITTM-9- THE C -ITY ATTORNEY STATED THAT THIS ITEM NEED NOT BE A RESOLUT- ION AS PRIOR SIMILAR ACTION HAD BEEN TAKEN BY MOTION OF THE COUNCIL. NEW ITEM 9 MOTION TO NAME VOTING AUTHORITY FOR BREVARD LEAGUE OF MUNICIPALITIES. MR. RUTKOWSKI MADE THE MOTION AS FOLLOWS: BE IT MOVED BY THE CITY COUNCIL, CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS: THE ONE VOT ALLOCATED TO THE CITY AS A MEMBER OF THE BREVARD LEAGUE OF MUNICIPAL- ITIES, INC. SHALL BE EXERCISED BY THE MAYOR OR IN HIS ABSENCE BY A COUNCIL MEMBER PRESENT ELECTED FROM AND BY THE COUNCIL MEMBERS PRESENT OR IN THEIR ABSENCE BY THE CITY MANAGER. MR. RHAME SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND HIS MOTION BY ADDING "OR THE CHIEF OF POLICE ". MR. RHAME SECONDED THE MOTION TO AMEND. MOTION CARRIED:BY UNANIMOUS VOTE OF THE COUNCIL. VOTE ON THE MAIN MOTION WAS UNANIMOUS, MOTION CARRIED. BYMOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS AGREEMENT OF COUNCIL THE MEETING WAS ADJOURNED AT 10:30 P.M. MICROFILMED 4 -24 -80 APPROVED THIS 3-t-d- DAY OF 1973 ITY CLERK R