HomeMy WebLinkAbout04-03-1973 Regular MeetingREGULAR MEETING
CITY COUNCIL MICROFILMED 4 -24-80
APRIL 3, 1973
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HELD ON APRIL 3, 1973 AT THE CITY HALL 105 POLK AVENUE,
CAPE CANAVERAL, FLORIDA AT 7:30 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. SALE-
VAGGIO AND MRS. ANN THURM; CITY MANAGER A. J. FRANCIS; CITY ATTORNEY
STANLEY WOLFMAN; CITY CLERK ANITA OSTROM; SGT. AT ARMS OFFICER RAMSEY.
THE MINUTES OF THE REGULAR MEETING OF MARCH 20, 1973 AND
SPECIAL MEETING OF MARCH 27, 1973 WERE APPROVED AS PRESENTED.
UNFINISHED $USINESS:
ITEM 1. ORDINANCE 5 -73 - AMENDING RULES OF PROCEDURE
2n Rea ing
MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE
ESTABLISHING 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 ADOPTION OF THE ORDINANCE. MRS.
THURM SECONDED THE MOTION. MR. RHAME MOVED TO AMEND THE ORDINANCE AND
PRESENTED A LIST OF AMENDMENTS, A COPY OF WHICH IS ATTACHED. MRS.
THURM SECONDED THE MOTION. THE MOTION FOR AMENDMENT CARRIED BY UN-
ANIMOUS VOTE OF COUNCIL. MR. RUTKOWSKI MOVED TO FURTHER AMEND BY CHANG-
ING THE LAST LINE IN SECTION 1.16 TO READ "NO MEMBER SHALL OBSTAIN EX-
CEPT FOR THOSE REASONS ENUMERATED IN SECTIONS 112.313 AND 112.314,
FLORIDA STATUTES. MRS. THURM SECONDED THE MOTION. THE MOTION FOR THE
SECOND AMENDMENT CARRIED BY UNANIMOUS VOTE. VOTE ON THE MAIN MOTION TO
ADOPT THE ORDINANCE, AS AMENDED, CARRIED BY UNANIMOUS VOTE OF THE COUNCIL.
ITEM 2. ORDINANCE 6 -73 - TREE PROTECTION ORDINANCE (1st Reading)'
MAYOR FIRKINS READ THE ORDINANCE TITLE AS FOLLOWS: "AN ORDIN-
ANCE PERTAINING 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 PERMIT FOR RE-
MOVAL OF TREES ON SAID PROPERTIES; PROVIDING FOR THE RELOCATION OR REPLA-
CEMENT 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 UNREASON-
ABLE HARDSHIPS; PROVIDING FOR THE APPEAL OF DECISIONS TO THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL CONCERNING THE ENFORCEMENT AND INTERPRETA-
TION OF THE TERMS AND PROVISIONS OF THIS ORDINANCE; PROVIDING A PENALTY
FOR FAILURE TO COMPLY HEREWITH; PROVIDING AN EFFECTIVE DATE ".
MR. RUTKOWSKI MOVED FOR ADOPTION OF THE ORDINANCE. DUE TO THE
LACK OF A SECOND THE MOTION DIED, ORDINANCE FAILED TO PASS.
ITEM 3. ORDINANCE 8 -73 - AMENDING ZONING ORDINANCE F MAP M -3
TO C -1 (2nd Reading)
MICROFILMED 4 -24 -80
THE MAYOR 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.
BY MOTION OF MR. SALVAGGIO, SECONDED BY.MRS. THURM AND UN-
ANIMOUS VOTE OF THE COUNCIL, THE ORDINANCE WAS ADOPTED.
ITEM 4. ORDINANCE 10 -73 - -SEWER HOOK UP FEES (2nd• 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 OPER-
ATING AND MAINTAINING THE CITY SEWER SYSTEM; PROVIDING A SCHEDULE OF
CONNECTION RATES; PROVIDING FOR THE COLLECTION OF SAME; PROVIDING AN
EFFECTIVE DATE."
MR. SALVAGGIO MOVED FOR ADOPTION, MRS. THURM SECONDED THE
MOTION. MRS. THURM MOVED TO AMEND THE ORDINANCE AS FOLLOWS:
1. IN LINE 4, FIRST PARAGRAPH INSERT AFTER THE WORD
EXPANSION "AND /OR UPGRADING".
2. IN THE SCHEDULE OF RATES DELETE "EACH CONDOMINIUM UNIT
OR APARTMENT UNIT AND INSERT "EACH RESIDENTIAL UNIT OF
A MULTIPLE FAMILY UNIT, DUPLEX, TRIPLEX, AND /OR APART-
MENT UNIT $200.001"
ADD "EACH MOBILE PARK SPACE $200.00 "
DELETE "EACH TRAILER PARK SPACE $50.00 "
INSERT "EACH CAMPGROUND PARK SPACE $50.00"
3. TO ADD A NEW SECTION 4, "ALL ORDINANCES OR PARTS OR
RESOLUTIONS IN CONFLICT HEREWITH, ARE HEREBY REPEALED"
SECTION 4 WOULD BECOME SECTION 5.
MR. SALVAGGIO SECONDED THE MOTION TO AMEND. MOTION CARRIED
BY UNANIMOUS VOTE OF THE COUNCIL. VOTE ON THE MAIN MOTION WAS UNANI-
MOUS FOR ADOPTION OF THE ORDINANCE, AS AMENDED.
ITEM 5. ORDINANCE 12 -73 —SPRINKLER & ALARM SYSTEMS (2nd READING;
BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME AND UNANI-
MOUS AGREEMENT OF COUNCIL THIS ITEM WAS DELETED FROM THE AGENDA.
ITEM 6 - ORDINANCE 13 -73 — AMENDING ZONING ORDINANCE -
REGARDING PERMITTED USES-IN -1 (2nd RBADTNM
MAYOR'FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE AMEND-
ING ORDINANCE NO,- _.1.2 -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 UN-
ANIMOUS VOTE OF COUNCIL THE ORDINANCE WAS ADOPTED.
ITEM 7 - ORDINANCE 14 -73 - COMPENSATION FOR COUNCIL (2nd READING).
MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTAB-
LISHING COMPENSATION FOR THE MAYOR AND COUNCILMEN OF THE CITY OF CAPE
CANAVERAL, COMMENCING THE FIRST MONTH AFTER THE GENERAL ELECTION OF JUNE,
1973, EFFECTIVE FOR A TWO YEAR PERIOD THEREAFTER; PROVIDING AN EFFECTIVE
DATE."
MR. SALVAGGIO MOVED FOR ADOPTION OF THE ORDINANCE, MR. RHAME
SECONDED THE MOTION.
• r
• �; ..
VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR.
RHAME, MR. SALVAGGIO, MAYOR FIRKINS; OPPOSED MRS.THURM, MR. RUTKOWSKI.
THE MOTION CARRIED AND THE ORDINANCE WAS ADOPTED.
NEW BUSINESS
ITEM 1 - QUARTERLY BUDGET REVISION
MR. FRANCIS STATED THAT THE ONLY ITEM NECESSARY FOR REVISION
WAS ADDITIONAL FUNDS FOR THE LIBRARY BOOKS. MR. SALVAGGIO MOVED TO
APPROVE $1,000.00 TRANSFER FROM THE CONTINGENCY FUND TO THE LIBRARY
BOOK FUND. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANI-
MOUS VOTE OF COUNCIL.
ORDINANCE 15 -73
ITEM 2 - CE 17 -71 AS AMENDED BY ORDINANCE
10-72 B I LD IN ' 'PERMIT 'S' 'l's t READINUT
BY MOTION OF MR. RHAME, SECONDED BY MRS. THURM AND UNANIMOUS
AGREEMENT OF COUNCIL, THIS ITEM WAS POSTPONED TO THE NEXT MEETING.
ITEM 3 - MOTION TO AUTHORIZE RENTAL OF ADDITIONAL SPACE FOR
IBRARY
MAYOR FIRKINS, SPEAKING AS REPRESENTATIVE OF THE OWNER OF
THE PROPERTY INVOLVED, STATED THAT THE LEASE TO THE CITY FOR THE SPACE
ADJACENT TO THE PRESENT LIBRARY FACILITIES WOULD BE $175.00 PER MONTH
IN ADDITION TO THE RENT OF $250.00 PAID ON THE PRESENT FACILITIES.
LEASE ON THE NEW SPACE WOULD RUN CONCURRENT AND END AT THE SAME TIME AS
THE PRESENT LEASE. MR. SALVAGGIO MOVED THAT THIS ITEM BE POSTPONED,
FOR REVIEW BY THE LIBRARY BOARD. MRS. THURM SECONDED THE MOTION. MOTION
CARRIED BY UNANIMOUS VOTE. THE CITY MANAGER WAS ASKED TO BRING THIS ITEM
UP TO THE LIBRARY BOARD AND ALSO TO DETERMINE APPROXIMATELY WHAT THE CAST
WOULD BE TO THE CITY FOR RENOVATION FOR USE BY THE LIBRARY.
R
ITEM 4 - RESOLUTION 73 -14 - APPOINTMENT OF NEW ASSOCIATE
J DGES
ON THE RECOMMENDATION OF THE CITY ATTORNEY, MR. RHAME MOVED
TO POSTPONE THIS ITEM TO THE NEXT WORKSHOP MEETING. MR. SALVAGGIO SEC-
ONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL.
BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RUTKOWSKI, THE
MEETING WAS ADJOURNED AT 9:43 P.M.
APPROVED THIS 17TH DAY OF APRIL , 1973.
ITY CLERK `
• 'MICROFILMED 4 -24.80 -
w
. < W.
AMENDMENT TO ORDINANCE NO. 5 -73
Paragraph 1.02. On page 2, line 2, delete the words "by a
majority of the entire membership of the Council "; and sub-
stitute therefor "by a majority vote of the Council ".
Paragraph 1.03, Sub - Paragraph (a). Delete the entire sub-
paragraph and substitute therefor the following: "by an
affirmative vote of a majority of the members of the Council
present at each regular meeting ".
Paragraph 1.05, Sub - Paragraph (d). Delete the last sentence
which reads "a copy shall be forthwith f rnished to each
Council member "; and substitute therefor copy shall be
normally furnished to each Council member at the workshop
meeting, prior to the regular meeting, at which the ordinance
® resolution shall be considered. In the event that the
aforementioned workshop meeting is not held, copies of
proposed ordinances-&-n,4 resolutions shall be sent to the resi-
dences of all Council members and to the office of the City
tt
Aorney at least 48 hours prior to the regular meeting"
Paragraph 1.06, Sub - Paragraph (c). Add the following sentence:
"In the event that the workshop meeting is not held, any member
of Council, the City Attorney, City Clerk or City Manager may
place an item on the agenda at least three days prior to the
regular meeting. This agenda will then be sent to the residences
of the members of Council and to the office of the City Attorney
as provided for in Paragraph 1.05, Sub - Paragraph (d) above ".
Paragraph 1.07. Delete the second sentence in its entirety
and substitute therefor the following: "The Council shall
annually elect a mayor prortem at the first regular meeting
after the day of the General City Election and he shall preside
over the Council in the ajbsence of the Mayor ".
Paragraph 1.08. Delete the last sentence after sub - paragraph
(e) in its entirety and substitute therefor the following:
"At the next regular meeting following the day of the General
City Election, the Council, by majority vote, shall assign
the preceding five catagories of interest to its individual
members ".
Paragraph 1.10. Add the following words at the end of the
paragraph "unless excused by the Council ".
Paragraph 1.11. At the end of the first sentence add the
following words "unless excused by the Council ".
-1-
J J • � m
• MICROFILMED 4 -24 -80
4
l
Paragraph 1.14. Delete the paragraph in its entirety and
substitute therefor the following: Unless reading of the
minutes of a meeting is requested by a member of the Council,
at a regular meeting, -such minutes when signed by the Mayor
and the Clerk shall be considered approved without reading;
provided that the Clerk will deliver a copy thereof to each
member of the Council and to the City Attorney at the workshop
preceding the regular meeting. In the event the workshop
is not held, the minutes shall be delivered to each member of
the Council and to the City Attorney at least 48 hours preceding
the regular meeting as provided for in Paragraph 1.05, sub-
paragraph (d) above. The minutes of a meeting may be approved
or corrected by a majority of the members present and upon such
�. approval shall become the official minutes.
Paragraph 1.15, Sub - Paragraph (c). The third line after the
words "to adjourn" add the words "to recess ".
Paragraph 1.15, Sub - Paragraph (f). In the first line after the
words "at the meeting may" add the word "orally ".
Paragraph 1.16. After the first sentence add the words "and
the presiding officer shall orally declare the vote of each
Council member ".
-2-