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HomeMy WebLinkAbout07-03-1973 Regular MeetingREGULAR MEETING • CITY COUNCIL JULY 31 1973 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 32 1973 AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. MACLAY. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY; COUNCILMEN E. H. RHAME, A. M. RUT40WSKIO 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. THE MINUTES OF THE REGULAR MEETING OF JUNE 19, 1973 WERE AP- PROVED AS SUBMITTED. UNFINISHED BUSINESS: ITEM 1. ORDINANCE 20 -73 - NOISE ABATEMENT (2nd Reading) MR. RUTKOWSKI MOVED TO TAKE THE ITEM FROM THE TABLE. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. RUTKOWSKI MOVED TO APPROVE SECOND READING, MAYOR MACLAY SECONDED THE MOTION. MR. RUT - KOWSKI MOVED TO AMEND BY INSERTING NEW PAGES 14, 15 AND 16 TO REPLACE PAGES 13 THROUGH 16 DUE TO INCORRECT NUMBERING AND THE FOLLOWING CHANG- ES FROM 5 TO 3 BY DELETING THE REQUIREMENT FOR A MEMBER QUALIFIED IN THE FIELD OF ARCHITECTURE OR CIVIL ENGINEERINGI DELETING REQUIREMENT FOR A MEMBER QUALIFIED AS AN AUDIOMETRISTS ALSO BY CHANGING THE AP- PLICATION FEE FROM $75.00 TO $150.00. MAYOR MACLAY SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RHAME,. MR. RUTKOWSKI, MRS. THURM. OPPOSED MR. SALVAGGIO. MOTION CARRIED. MR. RHAME MOVED TO DELETE SUB - SECTIONS (a) THROUGH (i) IN SECTION 4. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MR. SALVAGGIO, MR. RHAME. OPPOSED MR. RUTKOWSKI, MAYOR MACLAY AND MRS. THURM. MOTION FAILED TO CARRY. VOTE ON THE MAIN MOTION AS AMENDED WAS AS FOLLOWS: IN FAVOR.MAYOR MACLAY, MR. RUTKOWSKI, MRS. THURM. OPPOSED MR. RHAME, MR. SALVAGGIO. MOTION CARRIED, ORDINANCE, AS AMENDED,'WAS ADOPTED. ITEM 2. ORDINANCE 21 -73 - AMENDING RULES OF PROCEDURE (2nd Reading; MAYOR MACLAY READ THE ORDINANCE ENTITLED AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE NO. 5 -73, COUNCIL RULES OF PROCEDURE BY ALTERING SECTION CONCERNING AREAS OF INTEREST, BY CHANGING MANNER OF VOTING; AND, AMENDING ORDINANCE 18 -63 AS AMENDED BY 18 -63 -B, AND 7 -73 (ZONING $ PLANNING BOARD), AMENDING ORDINANCE 7 -72 AND 12 -71 AS AMENDED (BOARD OF ADJUSTMENT) BY DELINEATING MANNER OF VOTING FOR CITY BOARDS." Page 1 of 6 iCRO MED 4.24 -80 MR. RUTKOWSKI MOVED FOR ADOPTION. MR. RHAME SECONDED THE MOTION. MR. RHAME MOVED TO AMEND, SECTION I, BY CHANGING THE WORD "DIRECT" TO "PRIMARY ". ALSO, BY LISTING THE AREAS OF INTEREST WITH - OUT GROUPING THEM INTO CATEGORIES; BY DELETING "SCHOOLS" AND ADDING "LAW AND COMMUNICATIONS ". MR. SALVAGGIO SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO,, MRS. THURM, MAYOR MACLAY. OPPOSED MR. RUTKOWSKI, MOTION CARRIED. VOTE ON THE MAIN MOTION AS AMENDED WAS UNANIMOUS, THE ORDINANCE WAS ADOPTED. ITEM 3. ORDINANCE 22 -73 REPEALING ORDIN.ANCES'NO LONGER IN FE 2n Reading) MR. RUTKOWSKI READ THIS ORDINANCE IN FULL, ENTITLED "AN OR- DINANCE REPEALING ORDINANCES NO. 14 -632 14 -A -63, 46 -65, 36 -64 -A, 22 -65 -A, 10 -689 3 -71, 17 -712 22 -71 AND 10 -72; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. SALVAGGIO AND UN- ANIMOUS VOTE IN FAVOR, THE ORDINANCE WAS ADOPTED. ITEM 4. ORDINANCE 23 -73 - SIGN'ORDINANCE'C2nd Reading) MAYOR MACLAY READ THE ORDINANCE ENTITLED "AN ORDINANCE AMEND- ING THE SIGN ORDINANCE BY CLARIFYING THE RIGHT -OF -WAY PROHIBITION; BY PROHIBITING FLASHING AND PORTABLE SIGNS; BY PROHIBITING LIGHTS WHICH PRODUCE GLARE; BY ALTERING THE PENALTY PROVIDED; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED FOR ADOPTION, MR. RHAME SECONDED THE MOT- ION. MR. RHAME MOVED TO DELETE SECTION 4 ENTIRELY. MR. SALVAGGIO SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: MR. RHAME, MR. SALVAGGIO, MRS. THURM IN FAVOR. OPPOSED MAYOR MACLAY, MR. RUT - KOWSKI. THE MOTION CARRIED. MR. RUTKOWSKI MOVED TO FURTHER AMEND BY DELETING REFERENCE TO ORDINANCE 22 -71 IN SECTIONS 1, 2, 3 AND 5. MR. RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS UNANIMOUS. MOTION CARRIED. MR. RUTKOWSKI MOVED TO INSERT A NEW SECTION 4 TO READ AS FOLLOWS "LIGHTS WHICH PRODUCE GLARE PROHIBITED ". SECTION 3 OF THE SIGN ORDINANCE OF MARCH 30, 1965, AS AMENDED BY ORDINANCE NO. 18 -72 IS FURTHER AMENDED BY ADDING A NEW SUB - SECTION F AS FOLLOWS: "F. ' EfGHTS WHICH PRODUCE 'GLARE PROHIBITED ". NO SIGN SHALL CONTAIN ANY INCANDESCENT REFLECTOR LAMP IN EXCESS OF 100 WATTS DIRECTED AT ANY ROADWAY ". MR. RHAME SECONDED THIS MOTION. MOTION CARRIED BY WAS UNANIMOUS AND THE ORDINANCE, UNANIMOUS VOTE OF THE COUNCIL. VOTE ON THE ORDINANCE /AS AMENDED WAS ADOPTED. ITEM 5. ORDINANCE 24-73 - ESTABLISHING ADMINISTRATIVE REVIEW J DG 1st Rea ing MAYOR MACLAY MOVED TO TAKE THE ITEM FROM THE TABLE. MRS. THURM Page 2 of 6 wQC50Fll hfiFD 4.94.80 SECONDED THE MOTION. MOTION CARRIED B NANIMOUS VOTE. MAYOR MACLAY READ THE ORDINANCE TITLE AS FOLLOWS: "AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE REVIEW JUDGE INCLUDING JURISDICTION, AUTHORITY, QUALIFICATIONS, COMPENSATION, APPOINTMENT, PROCEDURE, HEAR- INGS AND RECORDS; AMENDING ORDINANCE NO. 9 -70; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED TO APPROVE FIRST READING, MRS. THURM SECOND- ED THE MOTION. MR. SALVAGGIO MOVED TO AMEND SECTION h. BY DELETING THE WORDS "EXCEPT THE CITY MANAGER" THIS MOTION FAILED TO CARRY FOR LACK OF A SECOND. MR. RHAME MOVED TO AMEND SECTION 1� BY DELETING "EXCEPT THE CITY MANAGER" AND IN SECTION 4, SUB - PARAGRAPH (b) DELETING THE WORDS "EXCEPT THE CITY MANAGER ". MRS. THURM SECONDED THE MOTION. THE VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MAYOR MACLAY, MR. RUTKOWSKI. MOTION CARRIED. VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS, FIRST READING OF THE ORDINANCE WAS APPROVED. MAYOR MACLAY_CALLED A TEN MINUTE RECESS AT 9:10 P.M. MEETING RECONVENED AT 9:20 P.M. ITEM 6. ORDINANCE 25 -73 - ABATING L'ITTER,''HANDBILLS f JUNK (2nd Reading) MR. RUTKOWSKI READ THE ENTIRE ORDINANCE ENTITLED "AN ORDINANCE ABATING LITTER,.HANDBILLS:AND JUNK; PROVIDING FOR ENFORCEMENT AND PEN- ALTY; REPEALING ORDINANCES NO. 64 -20, 64 -20 -A, 64 -22 AND 2 -69; PROVID- ING AN EFFECTIVE DATE ". MR. SALVAGGIO MOVED FOR ADOPTION, MRS. THURM SECONDED THE MOT- ION. MRS. THURM MOVED TO ELIMINATE THE WORDS "OR IN OFFICIAL CITY DUMPS" IN SECTION 24 MR. MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS APPROVAL OF COUNCIL. MR. RUTKOWSKI MOVED TO FURTHER AMEND BY APPROVING THE SECTION 22, AS PRESENTED BY THE CITY ATTORNEY AND READ INTO THE ORDINANCE. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. MR. RHAME MOVED TO FURTHER AMEND BY THE FOLLOWING: BY ELIMINATING THE WORDS "FORM PILES OR" UNDER THE DEFININITION OF "RUBBLE "; in section 7, DELETE THE ENTIRE LAST SENTENCE ON PAGE 1, UNDER THE.-DEFINITION "RUBBLE" ELIMINATE THE WORDS "YARD CLIPPINGS "; PARAGRAPH 3, PAGE 1, ELIMINATE THE WORDS "WHEN EITHER OF THE SAME IS HELD, GIVEN OR TAKES PLACE IN CONNECTION WITH THE DISSEMINATION OF INFORMATION WHICH IS NOT RESTRICTED UNDER THE ORDINARY RULES OF DECENCY, GOOD MORALS, PUBLIC PEACE, SAFETY AND GOOD ORDER "; AND IN SECTION 17, PARAGRAPH (a) ELIMINATE THE WORDS "UNLESS SPECIFI- CALLY SUBSCRIBED FOR ". MR. MACLAY SECONDED THE MOTION TO AMEND. AMEND- MENT CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS. THE ORDINANCE,. AS AMENDED, -WAS ADOPTED. ITEM 7. ORDINANCE 26 -73 - TREE PROTECTION (1st Reading) Page 3 of 6 a I CR U_ OAIa4 QED TO TAKE THE ITEM FROM THE TABLE. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MAYOR MACLAY READ THE ORDINANCE TITLE AS FOLLOWS: "AN ORDINANCE PROHIBITING THE REMOVAL OF TREES WITHOUT A PERMIT; PROVIDING FOR REVIEW OF PERMITS FOR CONSTRUCTION BY THE BEAUTIFICATION BOARD FOR MINIMUM IM- PACT ON EXISTING TREES; PROVIDING FOR APPEALS FROM DECISIONS; PENALTY PROVIDED; PROVIDING FOR AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED TO ADOPT THIS ORDINANCE AS AN EMERGENCY ORDINANCE. MAYOR MACLAY SECONDED THE MOTION. MOTION FAILED TO CARRY UNANIMOUSLY, THEREFORE WAS LOST. BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE OF THE COUNCIL, FIRST READING WAS APPROVED. ITEM 8. RESOLUTION 73 -26 = AREAS' '0'F 'TNTERES�' '0'F "CO[JNCI "LMEN MR. RHAME MOVED TO TAKE THE ITEM FROM THE TABLE.-MR. SALVAGGIO SECONDED. MOTION CARRIED BY UNANIMOUS VOTE. MAYOR MACLAY READ THE RESOLUTION ENTITLED "A RESOLUTION DESIG- NATING AREAS OF DIRECT INTEREST OF INDIVIDUAL COUNCILMEN; PROVIDING AN EFFECTIVE DATE ". MR. RHAME MOVED FOR ADOPTION, MRS. THURM SECONDED THE MOTION. MR. RHAME MOVED TO AMEND THE RESOLUTION BY CHANGING THE WORD IN THE TITLE FROM "DIRECT" TO "PRIMARY" AND TO DELETE THE CATEGORY "SCHOOLS ", AND BY ADDING THE CATEGORY, "LAW AND COMMUNICATIONS ". VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO AND MRS. THURM. OPPOSED MR. RUTKOWSKI. MOTION CARRIED. VOTE ON THE RESOLUTION AS AMENDED WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MR. RUTKOWSKI. MOTION CARRIED, RESOLUTION ADOPTED AS AMENDED. NEW BUSINESS: ITEM 1. ORDINANCE 27 -73 - ESTABLISHING COURT ASSESSMENT (1st Reading) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE ESTABLISHING AN ADDITIONAL COURT ASSESSMENT; REPEALING ORDINANCE NO. 4 -69; PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MR. RUTKOWSKI, SECONDED BY MRS. THURM AND UNANI- MOUS VOTE OF COUNCIL, FIRST READING WAS APPROVED. ITEM 2. ORDIN�C E 28 -73 - AMENDING ZONING ORDINANCE re: SERVICE STATIONS st Reading & Public Hearing) MAYOR MACLAY READ THE ORDINANCE ENTITLED AS FOLLOWS: AN ORDIN- ANCE AMENDING ZONING ORDINANCE NO. 12 -71, AS AMENDED, BY REVISING THE DEF- INITION RELATING TO PERMISSIBLE AND NON- PERMISSIBLE BY SERVICE STATIONS; PROVIDING AN EFFECTIVE DATE ". AFTER DISCUSSION, MR. RHAME MOVED TO CONTINUE THIS FIRST READING AND PUBLIC HEARING TO THE NEXT REGULAR MEETING OF COUNCIL. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. Page 4 of 6 MICROFILMED 4 -24 -80 ITEM 3. ORDINANCE 29 -73 - GENERAL REPEAL ORDINANCE (1st Reading) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE REPEALING ORDINANCES NO. 2 -66, 1 -68 AND 2 -71; PROVIDING AN EFFECTIVE DATE ". BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. RHAME, AND UNAN- IMOUS VOTE OF COUNCIL, THE MOTION CARRIED. FIRST READING WAS APPROVED. ITEM 4. RESOLUTION 73 -27 - AUTHORIZING CERTAIN PERSONS TO OPERATE T O S MR. RUTKOWSKI READ THE RESOLUTION ENTITLED "A RESOLUTION AUTH- ORIZING CERTAIN PERSONS TO OPERATE CITY RADIO STATIONS ". BY MOTION OF MR. RUTKOWSKI, SECONDED BY MAYOR MACLAY AND UNAN- IMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS ADOPTED. ITEM S. RESOLUTION 73 -28 - GARBAGE CONTRACT MAYOR MACLAY READ THE RESOLUTION ENTITLED " A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO AN AGREEMENT WITH RUBBISHMAN, INC., FOR THE COLLECTION OF GARBAGE AND TRASH ". MR. RHAME MOVED FOR ADOPTION OF THE RESOLUTION, MR. SALVAGGIO SECONDED THE MOTION. AFTER DISCUSSION, MR. RUTKOWSKI MOVED TO TABLE THE ITEM. MAYOR MACLAY SECONDED, MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION 73 -28 WAS TABLED. ITEM 6. RESOLUTION 73 -29 - AUTHORIZING LEASE 'FOR ADDITIONAL IBRARY *S A E THE CITY ATTORNEY STATED THAT A RESOLUTION HAD NOT BEEN PRE- PARED FOR THIS ITEM AS COUNCIL COULD AUTHORIZE THE ADDITIONAL LIBRARY SPACE BY MOTION. MRS. THURM MOVED THAT THE CITY ENTER INTO AN AGREE- MENT WITH SHUFORD MILLS FOR ADDITIONAL SPACE ADJACENT TO THE PRESENT LIBRARY FACILITIES, FOR A FEE OF $175.00 PER MONTH, LEASE TO RUN CON- CURRENT WITH THE EXISTING LIBRARY LEASE. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. MR. RUTKOWSKI MOVED TO ADD AN ITEM 7 TO THE AGENDA. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MR. RUTKOWSKI MOVED THAT THE ITEM BE NAMED "RESOLUTION 73- 30- UNIFORM PUBLIC RECORDS PROCEDURE ". MAYOR MACLAY SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RUTKOWSKI, MRS. THURM.., OPPOSED MR. RHAME, MR. SALVAGGIO. THE MOTION CARRIED. .ITEM 7. RESOLUTION 73 -30 - UNIFORM PUBLIC RECORDS PROCEDURE MR. RUTKOWSKI READ THE RESOLUTION ENTITLED "A UNIFORM PUBLIC RECORDS PROCEDURE ESTABLISHED AS TO INCOMING MATERIALS, OUTGOING MATER- IALS, INTERNAL MATERIALS, AND FILING; PROVIDING AN EFFECTIVE DATE ". MR. RUTKOWSKI MOVED FOR ADOPTION OF THE RESOLUTION. MAYOR MACLAY SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND IN SECTION 2, AFTER THE WORD "OFFICIALS" BY ADDING THE WORDS, "IN THEIR OFFICIAL Page 5 of 6 MICROFILMED 4 -24 -80 CAPACITY ". MR. RHAME THEN MOVED TO TABLE THIS ITEM. MR. SALVAGGIO SECONDED THE MOTION. THE VOTE ON THE MOTION TO TABLE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MAYOR MACLAY, MR. RUTKOWSKI. MOTION CARRIED. ITEM WAS TABLED. MR. RUTKOWSKI MOVED TO ADD AN ITEM 8 TO THE AGENDA REGARDING UNAUTHORIZED ISSUANCE OF BUILDING PERMITS. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MR. RUTKOWSKI MOVED TO NAME THE ITEM "CONSIDERATION OF ACTION REGARDING UNAUTHORIZED ISSUANCE OF BUILDING PERMITS AND POTENTIAL PROSECUTION OF THE BUILDING OFFICIA MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE 0 THE COUNCIL. AFTER SOME DISCUSSION BETWEEN THE COUNCIL AND THE BUILD I' OFFICIAL, PERCY L. SMITH, WHO WAS IN ATTENDANCE, MR. RUTKOWSKI MOVED THAT THE BUILDING OFFICIAL BE RELIEVED OF HIS DUTIES IMMEDIATELY AND PROVISION BE MADE FOR APPOINTMENT OF A TEMPERARY BUILDING OFFICIAL BY THE CITY MANAGER) AND THAT THE CITY INFORM THOSE HOLDING THE QUESTION- ABLE PERMITS THAT THEY MAY BE FOUND INVALID. MAYOR MACLAY SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, MRS. MM. OPPOSED, MR. RHAME, MR. SALVAGGIO. MOTION CARRIED. DISCUSSION FOLLOWED ON THE PLANTING OF OLEANDOR TREES IN THE CITY BY THE BEAUTIFICATION DEPARTMENT AND IT WAS DECIDED THAT THE CITY WOULD PROCEDE WITH THE PLANTING SCHEDULE. xCOUNCIL WAS POLLED ON THIS. SEE RESULTS BELOW. BY MOTION OF MR. RUTKOWSKI, SECONDED BY MRS. THURM AND UNANIMOUS AGREEMENT THE MEETING WAS ADJOURNED AT 11:56 P.M. APPROVED THIS 17TFDAY OF JULY, 1973 MAYOR TY CLERK _ _ - IN FAVOR OF PLANTING - MRS. THURM NO OBJECTION - MR. RUTKOWSKI, MR. RHAME, AND MAYOR MACLAY OPPOSED - MR. SALVAGGIO Page 6 of 6