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HomeMy WebLinkAbout05-01-1973 Regular Meeting0 I REGULAR MEETING CITY COUNCIL MAY 1., 1973 MICROFILMED 4 -24 -80 A REGULAR MEETING OF THE CITY COUNCIL, CITY OF CAPE CANAVERAL WAS HELD ON MAY 1, 1973 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, . a FLORIDA AT 7:30 P.M.. MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. FIRKINS, JR. 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; CITY MANAGER A. J. FRANCIS; CITY ATTORNEY STANLEY WOLFMAN; CITY CLERK ANITA OSTROM; SGT. AT ARMS WILLARD WINNETT. MAYOR FIRKINS ANNOUNCED THAT THIS WAS STUDENT GOVERNMENT DAY AND WELCOMED THE ACTING STUDENT OFFICIALS, ALSO PRESENTED TO THE ACTING STUDENT MAYOR A TINY GAVEL AS A SOUVENIR OF THIS DAY. THE MINUTES OF THE REGULAR MEETING OF APRIL 173, 1973 WERE APPROVED AS SUBMITTED. 'UNFINISHED BUSINESS: ITEM 1. ORDINANCE 9 -73 - '-LI-BRARY BOARD (2ND READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE ADOPTING`SECTIONS 167.30 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 INHABITANTS; REPORTS OF LIBRARY BOARD TO COUNCIL; AMENDMENT OF BY -LAWS ESTABLISHED BY LIBRARY BOARD; PENALTY-FOR VIOLATION OF RULES ESTABLISHED BY LIB - RARY BOARD; DONATIONS TO LIBRARY; EXEMPTION OF LIBRARY PROPERTY FROM EXECUTIONS AND TAXES; ESTABLISHMENT OF CIRCULATING LIBRARY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN. EF- FECTIVE DATE',".' MRS. THURM MOVED FOR ADOPTIONp MR. RUTKOWSKI SECONDED THE MOTION. MR. RUTKOWSKI MOVED FOR AMENDMENT BY TAKING OUT OF'THE TITLE THE PHRASE "PROVIDING ESTABLISHMENT OF CITY LIBRARY ". MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. VOTE ON THE MAIN MOTION WAS UNANIMOUS. THE ORDINANCE AS AMENDED WAS ADOPTED. ITEM 2. ORDINANCE 12 -73 = SPRINKLER SYSTEMS (2ND READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF CAPE.CANAVERAL, FLORIDA, REQUIRING THE INSTALLATION OF AUTO - MATIC SPRINKLERS AND FIRE ALARM SYSTEMS IN CERTAIN BUILDINGS; PROVIDING FOR THE INSTALLATION OF AUTOMATIC SPRINKLER AND FIELD ALARM SYSTEMS IN EXISTING BUILDINGS WITHIN SPECIFIED TIME SPANS; PROVIDING AN EFFECTIVE DATE ". MR. RHAME MOVED FOR ADOPTION MR. SALVAGGIO SECONDED THE MOTION. 'MR. RHAME MOVED TO AMEND BY ADDING THE FOLLOWING: SECTION 4, PARAGRAPH C, "THIS ORDINANCE SHALL APPLY TO ALL BUILDINGS COVERED BY THE THE REQUIREMENTS OF THIS ORDINANCE, FOR WHICH BUILDING PERMITS HAVE BEEN ISSUED AND ON WHICH CERTIFICATES OF OCCUPANCY HAVE NOT BEEN ISSUED ". MRS. THURM SECONDED THE MOTION. MOTION TO AMEND CARRIED BY UNANIMOUS VOTE. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE ADOPTED AS AMENDED., ICR®FILIVIED 4 -24-80 ITEM 3. ORDINANCE 15 -73 - BUILDING PERMITS TEES (2ND READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED "AN ORDINANCE ESTABLISHING FEES AND BUILDING PERMITS ON ALL CONSTRUCTION IN THE CITY LIMITS OR-THE CITY OF CAPE CANAVERAL, FLORIDA; REVOKING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE ". MR. RHAME MOVED FOR ADOPTION. MR. SALVAGGIO SECONDEDD. MR. RHAME MOVED TO AMEND BY THE FOLLOWING: IN SECTION 1. PARAGRAPH b. AND c. AFTER THE HEADINGS "PLUMBING" AND "ELECTRICALtP ADD THE FOLLOWING WORDS: "IN ADDITION TO ANY FEE OR FEES CHARGED IN SECTION 1, PARAGRAPH A ". ALSO IN SECTION 1, PARAGRAPH A, SUB - PARAGRAPH (k) INSERT THE WORD "OR" AFTER REPLACEMENT, AND TO CORRECT THE SPELLING OF THE WORD "RECEPTACLE" ON THE SECOND PAGE. MR. SALVAGGIO SECONDED THE MOTION TO AMEND. AMENDMENT CARRIED BY UNANIMOUS VOTE. BY UNANIMOUS VOTE OF THE COUNCIL THE ORDIN- ANCE AS AMENDED WAS ADOPTED. NEW BUSINESS: ITEM 1. ORDINANCE 17 -73 ZONINO' *CHANGE .REQUEST R -. '101, -3% ON HOLMAN AD (PUBL FlEARING 1ST READING) MAYOR FIRKINS EXPLAINED THE REQUEST AND REVIEWED THE PETITION FILE. HE ALSO READ THE ORDINANCE ENTITLED "AN ORDINANCE AMENDING ORDIN- ANCE NO. 12 -71 AS AMENDED, WHICH AMENDS SECTION IV. 1 THEREOF AS TO ZONING DISTRICT CLASSIFICATION CHANGING FROM R -1 CLASSIFICATION TO R -3 CLASSIFICATION, CERTAIN LAND LYING IN SECTIONS 26 AND 27, TOWNSHIP 24 SOUTH, RANGE 37 EAST AND LOTS 3, 4 AND 5, GAB RETREAT, CONTAINING 9.17 ACRES; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI QUESTIONED THE COUNCIL CONSIDERING THIS RE- QUEST AT THIS TIME. MR. WOLFMAN EXPLAINED THAT IT WAS NECESSARY -FOR A RECOMMENDATION TO COME FROM THE ZONING BOARD BEFORE COUNCIL ACTION, THE ZONING BOARD MADE A MOTION THAT COUNCIL POSTPONE AND BY THEIR ACTION HAD MADE A RECOMMENDATION AND THAT COUNCIL WAS IN A POSITION TO ACT ON THE REQUEST AT THIS TIME. MR. FRANK MARTIN STATED THAT IT WAS NOT MEANT AS A RECOMMENDATION BUT A REQUEST. THIS BEING A PUBLIC HEARING AS WELL AS FIRST READING OF THE ORDINANCE MUCH DISCUSSION FOLLOWED FROM MEMBERS OF THE COUNCIL AND THOSE IN THE AUDIENCE: SOME OF THESE COMMENTS ARE AT- TACHED AND MADE A PART OF THESE MINUTES. MR. RUTKOWSKI MOVED TO CONTINUE THE PUBLIC HEARING'AND POST- PONE CONSIDERATION BY COUNCIL ON THE ORDINANCE UNTIL THE NEXT CITY COUNCIL MEETING. MRS. THURM SECONDED THIS MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. RUTKOWSKI AND MRS. THURM: OPPOSED MR. SALVAGGIO, MAYOR FIRKINS AND MR. RHAME. MOTION WAS DEFEATED. MR. RHAME THEN MOVED TO APPROVE FIRST READING OF THE ORDIN- ANCE, MR. SALVAGGIO SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MAYOR FIRKINS: OPPOSED MR. RUTKOWSKI, MRS. THURM. MOTION CARRIED, FIRST READING WAS APPROVED. MICROFILME-D...4 -24 So ITEM 2. RESOLUTION 73 -16 - APPOINTING t1-ELECTION-BOARD MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION APPOINTING AN ELECTION BOARD FOR THE GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF COUNCIL THE RESOLUTION WAS ADOPTED. ITEM 3. 'EXPENDITURE 'FROM RENEWAL AND REPLACEMENT FUND BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UN- ANIMOUS VOTE OF THE COUNCIL AN1:EXPENDITURE OF $600.00 OF AN INVOICE FROM PITNEY -BOWES WAS APPROVED FOR PAYMENT. MR. RUTKOWSKI MOVED TO ADD AN ITEM TO THE AGENDA TO CONSIDER APPOINTMENT OF A NEW ASSISTANT MUNICIPAL JUDGE. MR. RHAME SECONDED THE MOTION. MOTION CARRIED BY Ul !IMOUS VOTE. MR. RUTKOWSKI MOVED TO TITLE THE ITEM "RESOLUTION APPOINTING ASSISTANT MUNICIPAL JUDGE, SAID RESOLUTION TO READ "SECTION 1, ASHMAN BROWN IS HEREBY APPOINTED AS ASSISTANT MUNICIPAL JUDGE.' ALL RESOLUTIONS INCONFLICT HEREWITH TO BE REPEALED ..``'AND THE ASSISTANT JUDGE WOULD SERVE AT THE PLEASURE OF COUNCIL. MR. RHAME SECONDED THE MOTION. MR. SALVAGGIO MOVED TO TABLE THIS ITEM TO THE NEXT REGULAR MEETING. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF COUNCIL, ITEM WAS TABLED. MAYOR FIRKINS READ A LETTER REGARDING LITTLE LEAGE GAME IN WHICH THE COUNCIL MEMBERS AND CITY OFFICIALS WERE INVITED TO PARTICIPATE. BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR`.'.- SALVAGGIO THE MEETING WAS ADJOURNED AT 10:30 P.M. APPROVED THIS /S '-DAY OF -MICROFILMED 4- 24 -80' COMMENTS CONCERNING ZONING APPLICATION — MAY 1, 1973 MR. VAN VAGGONER STATED THAT THE ZONING BOARD FELT THEY DID NOT HAVE SUFFICIENT INFORMATION AND WANTED TO NOTIFY THOSE PROPERTY OWNERS IN R -1 ZONE TO GET THEIR FEELING AND SO THEREFORE REQUESTED THE COUNCIL TO TABLE THE ITEM. MR. WELLER, ATTORNEY WITH ROSE AND WELLER, STATED THAT THE ZONING BOARD HAD MADE TWO MOTIONS. THE FIRST ONE REQUESTING THAT THE CITY SEND LETTERS TO ALL OWNERS IN R -1. HE STATED THAT HE HAD OBJECTED ON THE BASIS THAT THE PROPERTY WAS OUTSIDE THE SPHERE OF THIS APPLI- CATION. HE STATED THAT THE COUNCIL WAS BOUND BY THEIR CODE TO TAKE ACTION. MRo ED BALOUGH STATED THAT THE PLANNING AND ZONING BOARD HAS A DUTY TO INVESTIGATE ANY APPLICATION. MR. WELLER NOTED REASONS FOR THE ZONING BOARD TABLING THE REQUEST AT THEIR FIRST MEETING IT WAS STATED THAT THE BANANA RIVER DRIVE ROUTE WAS INDEFINITE ALSO THEY QUESTIONED HOW THE CHANGE HAD BEEN MADE. .MRS. ANN LARSON STATED THAT THEY HAD NOT REQUESTED THE R -1 ZONING BUT THEY WERE TOLD THEY WOULD BE ABLE TO GET IT CHANGED BACK AT A FUTURE DATE. MR. FRANK.MACLAY STATED THAT R-1 ZONING WAS ONLY 6% OF THE CITY AND THEY WERE CONSIDERING CHANGING 10% OF THE TOTAL R-i AREA. HE FELT THAT COUNCIL SHOULD TABLE THE ITEM. MR. WELLER STATED HIS CLIENTS DID NOT KNOW THAT THE PROPERTY HAD BEEN CHANGED TO R -1 UNTIL SIX MONTHS_`AGO; AND THAT R -1 NEXT TO A C -1 ZONING WAS T60 DIVERSE. HE ALSO STATED THAT WITHIN THIS R -1 ZONE THERE 1. WERE ONE TO THREE PARCELS OF LAND THAT ARE UNABLE TO GET A BUILDING PER- MIT BECAUSE THERE IS NO ROAD ACCESS TO THE PROPERTY. MRS. THURM QUESTIONED HOW IT WAS THAT MR. WELLER CLIENTS WERE NOT AWARE OF THE CHANGE OF ZONING WHEN ONE OF HIS CLIENTS WAS ON THE COUNCIL AT THE TIME OF THE CHANGE? MR. WELLER STATED THAT MR. GRAEFE WAS NOT ONE OF HIS CLIENTS BUT HAD JOINED IN THE PETITION DUE TO AN UNDETERMINED BOUN &Y LINE WHICH POSSIBILY CUTS INTO THE PROPERTY OF GEORGE'S RESTAURANT. DR. PAUL JAHN SPOKE TO COUNCIL AND INDICATED HIS DESIRE TO HAVE HIS PROPERTY CHANGED TO R -3 AND HE WISHED HE HAD KNOWN AND JOINED IN THE EXISTING PETITION. MRS. CHANDLER STATED THAT THEY WERE CAUGHT IN THE MIDDLE AFTER HAVING PIONEERED THE PROPERTY AND NOW-.WITH THREE ACRES AND TAXES GOING UP, THEY WERE UNABLE TO BUILD ON THE PROPERTY. MICROFILMED 4 -24 -80 COLETTE CANNON STATED THAT TWO OF THE PROPERTY OWNERS IN THE R -1 ZONE NOT PRESENT WERE OPPOSED TO THE CHANGE. MR. SALVAGGIO ASKED THE CITY ATTORNEY IF THE COUNCIL COULD ACT ON THE ORDINANCE TONIGHT THEN SEND IT BACK TO THE ZONING BOARD BE- FORE SECOND READING? THE ATTORNEY REPLIED THAT HE COULD SEE NO REASON WHY THIS CAN NOT BE DONE. MRS. CANNON STATED "I OPPOSE THIS RE- ZONING AND I HAVE RETAINED A LAWYER AND YOU WILL HAVE A SUIT ON YOUR HANDS ". DR. JAHN STATED "WB'IN THE WOODS KNOW EACH OTHER AND WE PAY TAXES AND I NEVER SEE ANYONE DOWN .THERE, WHY ARE THESE PEOPLE SO VIOLENT ABOUT THIS CHANGEV' MRS. CANNON ANSWERED "BECAUSE OF DENSITY, IF WE REZONE YOUR PROPERTY THE REST WILL WANT IT TOO." MR. FRANK MARTIN STATED "THE ZONING BOARD WAS TRYING TO FIND OUT HOW THIS PROPERTY WAS REZONED." HE QUESTIONED MRS. LARSON AS TO WHO SAID "IT COULD BE CHANGED BACK IN THE FUTURE " ?. MRS. LARSON ANSWERED "THE CITY PLANNER ". MR. MARTIN STATED THAT THE ZONING BOARD SUGGESTION TO CITY COUNCIL TO TABLE THIS ITEM WAS AT THE SUGGESTION OF THE CITY MANAGER. HE FURTHER STATED THAT IF COUNCIL CONSIDERED THE ITEM TONIGHTTHEY DID NOT NEED A ZONING BOARD.