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HomeMy WebLinkAbout05-15-1973 Regular MeetingREGULAR MEETING MICROFILMED 4 -24 -80 Y CITY COUNCIL MAY 15, 1973 REGULAR MEETING CITY COUNCIL MAY 15, 1973 AT 105 POLK AVENUE CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE 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; ASSISTANT CITY ATTORNEY RICHARD SCOTT;, CITY CLERK ANITA J. OSTROM; SGT AT ARMS WILLARD WINNETT. THE MINUTES OF THE REGULAR MEETING OF MAY 1, 1973 WERE AP- PROVED AS SUBMITTED. MITTED. TREASURER'S REPORT FOR APRIL, 1973 WAS APPROVED AS SUB- UNFINISHED BUSINESS: ITEM 1. ORDINANCE 17 -73. AMENDING ZONING ORDINANCE AND MAP O R PROPERTY R N HOlMANRO D SECOND READIN MAYOR FIRKINS REVIEWED THE FILE AND READ THE ORDINANCE EN- TITLED "AN ORDINANCE AMENDING NO. 12 -71 AS AMENDED WHICH AMENDS SECT- ION IV.1 THEREOF AS TO ZONING DISTRICT CLASSIFICATION CHANGING FROM R -1 CLASSIFICATION TO R -3 CLASSIFICATION, CERTAIN LAND LYING IN SEC- TIONS 26 AND 27, TOWNSHIP 24 SOUTH, RANGE 37 EAST AND LOTS 3, 4 AND 51 GAE RETREAT, CONTAINING 9.17ACRES: PROVIDING AN EFFECTIVE DATE ". MR. SALVAGGIO MOVED FOR ADOPTION, MRS. THURM SECONDED THE MOTION. DISCUSSION WAS OPENED. MR. BILL WELLER, ATTORNEY FOR THE APPLICANTS, AND MRS. ANN LARSON SPOKE IN FAVOR OF THE REZONING, MR. FRANK MACLAY OPPOSED. VOTE ON THE MOTION FOR ADOPTION WAS AS FOLLOWS: IN FAVOR, MRS. THURM, MR. SALVAGGIO, MAYOR FIRKINS, MR. RHAME. OPPOSED MR. RUTKOWSKI. MOTION CARRIED ORDINANCE WAS ADOPTED. NEW BUSINESS: ITEM 1. RESOLUTION 73 -17. APPOINTMENT OF ELECTION BOARD REPEALrNG-RESOLUTION-73--16 MAYOR FIRKINS READ THE RESOLUTION ENTITLED " A RESOLUTION APPOINTING AN ELECTION BOARD FOR THE GENERAL ELECTION; REPEALING RES- OLUTION 73 -16; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UN- ANIMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS ADOPTED, APPOINTING THE ELECTION BOARD FOR THE JUNE 5, 1973 ELECTION. ITEM 2. ORDINANCE 16 -73. AMENDING ZONING ORDINANCE RE -. GARDING NONCONFORMING ES- BLIC HEARING 1 READING MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE NO. 12 -71, AS AMENDED OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION VI "NON - CONFORMING USES OF LAND, ETC. "; PROVIDING AN EFFECTIVE DATE ". PAGE 1 OF 4 MICROFILMED 4 -24 -80 MR. RUTKOWSKI MOVED TO APPROVE FIRST READING,, MRS.. THURM SECONDED THE MOTION. MAYOR FIRKINS READ A LETTER FROM THE BUILDING OFFICIAL REGARDING NON - CONFORMING USES. MR. SCOTT SUGGESTED THAT THIS PROPOSED ORDINANCE SHOULD GO BACK TO THE PLANNING AND ZONING BOARD FOR FURTHER WORK. MR. SALVAGGIO MOVED TO TABLE THE ITEM. MR. RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. SALVAGGIO, MAYOR FIRKINS,MR. RHAME. OPPOSED MRS. THURM, MR. RUTKOWSKI. MOTION CARRIED, ITEM TABLED. ITEM 3. ORDINANCE 18 -73 - CONTROL OF MOTOR VEHICLES NOT ON ROAD WAYS 1ST RBA ING MAYOR FIRKINS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE REGULATING THE USE OF MOTOR VEHICLES BY PROHIBITING THEIR USE FOR TRAVEL ON LAND OTHER THAN STREETS OR HIGHWAYS WITH- OUT THE CONSENT OF THE LANDOWNER; PROVIDING A PENALTY FOR VIOLATION; PROVIDING AN EFFECTIVE DATE." MR. RUTKOWSKI MOVED FOR ADOPTION ON FIRST READING. MOTION WAS LOST FOR LACK OF A SECOND. ITEM 4. AUTHORIZATION TO ADVERTISE AND SET PUBLIC HEARING DXT-13 FOR AN ORDINANCE ORRINANCE AMENDING ONING ORDI ANCE EG RDT G' SERVICE STATIONS. MAYOR FIRKINS READ THE PROPOSED AMENDMENTS TO BE ADVER- TISED. MR. SALVAGGIO MOVED TO ADVERTISE_i A PUBLIC HEARING TO BE SET FOR JULY 3, 1973. MR. RHAME SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. FOR THE RECORD MR. RHAME STATED HE FELT SURE THE ZONING BOARD HAD SPENT CONSIDERABLE TIME WORKING ON THIS ORDINANCE WHICH SEEMED TO BE A COMPROMISE FOR THE CITY AND THE BEST INTEREST OF OUR SERVICE STATION MERCHANTS' AND HOPEFULLY IF WE HAVE EXHAUSTED ALL REMEDIES AND THIS IS A COMPROMISE, FINE, BUT IF OTHER AREAS OF COM- PROMISE OR COOPERATION SHOULD BE EXPLORED BY THE ZONING BOARD HE CERTAINLY HOPED THAT THEY WOULD MAKE EVERY EFFORT TO ACHIEVE THIS. HE FURTHER STATED THAT HE DID NOT UNDERSTAND WHAT HE THINKS IS A CONFLICT BETWEEN THE PROPOSED CHANGE REGARDING MAJOR MECHANICAL RE- PAIRS IN THE LAST ITEM AND IN THE PARAGRAPH ABOVE IT, WHICH STATES "SERVICE STATIONS ARE NOT A MAJOR REPAIR GARAGE ". HE ASKED THAT PERHAPS THIS COULD BE CLARIFIED PRIOR TO THE PUBLIC HEARING. ITEM S. ORDINANCE 19 -73 - INTERIM CHARGES FOR GARBAGE 1ST READING MAYOR FIRKINS READ THE TITLE AS FOLLOWS: "AN ORDINANCE ESTABLISHING A FEE TO BE KNOWN AS THE'ZNTERIM PROPRIETARY SERVICES FEE" TO BE CHARGED FOR NON- REIMBURSED CITY SERVICES PROVIDED TO IMPROVE PROPERTY DURING THE INTERVAL BETWEEN THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND THE ENSUING JANUARY 1." BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL, FIRST READING WAS APPROVED. PAGE 2 OF 4 • MICROFILMED 4.24 -80 ITEM 6. RESOLUTION 73 -18 -' AUT'HO'RI'ZI'NG 'S'PE'CI'AL' 'BANK ACCOUNT MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION AUTHORIZING SPECIAL BANK ACCOUNT FOR THE ADMINISTRATION OF LAW EN- FORCEMENT ADMINSTRATION ASSISTANCE FUNDS FOR POLICE COMMUNICATION EQUIPMENT; PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED. ITEM 7. MOTION REGARDING FIRST INTERSTATE SUIT. MR. SALVAGGIO MOVED THAT THE CITY ATTORNEY REPRESENT THE DEFENDANT CITY OFFICERS IN THE SUIT "FIRST INTERSTATE DEVELOPMENT CORPORATION VERSUS THE BOARD OF ADJUSTMENT ET AL" BEFORE CIRCUIT COURT AND ANY APPELLATE COURTS REQUIRED. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UANIMOUS VOTE OF COUNCIL. MR. SCOTT PRESENTED A LETTER TO MR. FRANCIS FROM ATTORNEY HOLLAND VERIFYING THE DEADLINE FOR ANSWERING THE SUIT AS BEING MAY 25, 1973. IT WAS DECIDED THAT MR. FRANCIS SHOULD CONTACT THE BOARD OF ADJUSTMENT MEMBERS TO SET UP A SPECIAL WORK SHOP MEETING FOR MONDAY MAY 21, 1973, TO ASSIST IN PREPARATION OF THE ANSWER TO BE FILED. ITEM 8 -. MOTION TO APPROVE TRAVEL EXPENDITURE MAYOR FIRKINS STATED THAT MR. ED BALOUGH HAD ATTENDED 0 SOME SEMINARS ON ZONING AT THE REQUEST OF THE ZONING BOARD AND HAD PRESENTED A BILL FOR MILEAGE IN THE AMOUNT OF $47.00. MRS. THURM MOVED FOR APPROVAL OF PAYMENT OF THIS BILL. MR. BALOUGH SPOKE TO COUNCIL AND EXPLAINED THAT THIS EXPENDITURE WAS TO BE REIMBURSED BY FTU AND WOULD ASK THAT COUNCIL HOLD OFF THEIR ACTION UNTIL FTU COULD BE PRESENTED A STATEMENT FOR DIRECT PAYMENT. MRS. THURM WITH- DREW HER MOTION. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME THIS ITEM WAS TABLED BY UNANIMOUS VOTE OF COUNCIL. ITEM 9. RESOLUTION 73 -19 APPOINTMENT OF ASSOCIATE JUDGES MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION APPOINTING SUBSTITUTE CITY JUDGES; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED TO ADOPT THE RESOLUTION WITH THE NAMES OF THURMAN JUSTICE AND ASHMUN BROWN BEING INSERTED IN THE RESOLUTION AS THE ASSOCIATE JUDGES. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY- UNANIMOUS VOTE. ITEM 10. MOTION TO AUTHORIZE PURCHASE OF NOISE METER. MR. SCOTT SUGGESTED THAT COUNCIL TABLE THIS ITEM UNTIL THEY HAD AN OPPORTUNITY TO LOOK INTO CASE LAWS. BY MOTION OF MR. RUTKOWSKI SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE OF COUNCIL THE ITEM WAS TABLED. PAGE 3 OF 4 r MICROFILMED 4 -24 -80 ITEM 11. RESOLUTION NO. 7 3 - 2 0 . ' APPO'INTIN'G 'A 'LI'B'RARY 'BOARD MEMBER MAYOR FIRKINS READ THE RESOLUTION ENTITLE-D "A RESOLUTION ELECTING A MEMBER TO THE LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MRS. THURM SECONDED BY MR. SALVAGGIO AND UN- ANIMOUS VOTE, THE RESOLUTION WAS ADOPTED NAMING MRS. MARY RUTH KIRBY TO THE LIBRARY BOARD FOR A TERM TO EXPIRE JULY 1, 1978. MR. RUTKOWSKI MOVED THAT THE COUNCIL RECONSIDER ORDINANCE NUMBER 18 -73, FOR FIRST READING. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 12. ORDINANCE 18 -73 CONTROL OF MOTOR VEHICLES NOT ON ROAD WAYS. (1ST RE DIN BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. RHAME AND UN- ANIMOUS VOTE OF COUNCIL, FIRST READING OF THE ORDINANCE WAS APPROVED. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. RHAME THE MEETING WAS ADJOURNED AT 9:32 P.M. APPROVED THIS DAY OF 1973. ( �2 a r CITY CLERK MAYOR PAGE 4 OF 4