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HomeMy WebLinkAbout10-16-1973 Regular MeetingMICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL OCTOBER 16, 1973 A REGULAR MEETING OF THE CITY COUNCIL OF CAPE CANAVERAL WAS HELD ON OCTOBER 16, 1973, AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P. M. MACLAY. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY; COUNCILMAN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALV.AGGIO, AND MRS. ANN THURM: CITY MANAGER A.10 J. FRANCIS; ASSISTANT CITY ATTORNEY RICHARD SCOTT; CITY CLERK. ANITA OSTROM; AND SGT. AT ARMS OFFICER CONYERS. THE MINUTES OF THE REGULAR MEETING OF OCTOBER 22 1973, WERE APPROVED AS SUBMITTED. THE TREASURER'S REPORT FOR SEPTEMBER 1973 WAS APPROVED AS SUBMITTED. UNFINISHED BUSINESS ITEM 1. LETTER REGARDTNG RiTLY14RAD MR. SALVAGGIO MOVED TO REMOVE THE ITEM FROM THE TABLE., MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. RUTKOWSKI, MR. SALVA:GGIO, MRS. THURM. OPPOSED, MAYOR MACLAY. MOTION CARRIED. DISCUSSION FOLLOWED ON THE LEGALITY OF LETTERS BY IN- DIVIDUAL COUNCIL MEMBERS NOT AUTHORIZED BY COUNCIL ACTION. IT WAS THE ATTORNEY'S OPINION THAT SUCH LETTERS WOULD NOT BE BINDING ON THE CITY. HE SUGGESTED THAT THE COUNCIL COULD TAKE ACTION BY EITHER RATIFYING SUCH LETTERS OR MOVE TO SEND OUT LETTERS TO DENY ANY ACTION BY THE COUNCIL ON THE MATTER INVOLVED. MR.RHAME MOVED THAT THE MAYOR WRITE A LETTER TO THE ADDRESSEE STATING THAT THIS LETTER WAS NOT A RESULT OF CITY COUNCIL ACTION BUT-- WAS SENT OUT.INDIVIDUALLY BY MR. RUTKOWSKI. MICROFILMED 4.24 -30 MR. SALVAGGIO SECONDED THE MOT NN. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, MR.�:RUTKOWSKI, MRS. THURM. OPPOSED, MAYOR MACLAY. MOTION CARRIED. ITEM 2. *LETTER REGARDING' •PR0P•0•SED P`FER . BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE, THE ITEM WAS REMOVED FROM THE TABLE. MR. RHAME MOVED THAT THE MAYOR WRITE TO THE .ADDRESSEE, ,STATING THAT THIS LETTER WAS N{f�'T A RESULT OF .CITY COUNCIL ACTION:. BUT, ;W ,S SENT * OUT INDIVIDU,ALLY..BY MR. RUTKOWSKI. ,1R. SALVAGGIO SECONDED THIS MOTION. MOTION CARRIED UNANIMOUSLY. MR. FRANCIS ASKED FOR A DISCUSSION ITEM AT THIS TIME FOR THE BENEFIT OF SEVERAL PARTIES IN ATTENDANCE REGARDING PARK- ING IN THE STREET.ISLAND BY THE PLAZA APARTMENTS. MRS. KAREN MORRIS AND MRS. LOIS FREUND SPOKE TO COUNCIL ABOUT THE NECESSITY OF THIS PARKING. IT WAS AGREED TO PROVIDE ANGLE PARKING. ITEM 3. ORDINANCE 42 -73 PROHI'BITING•INLAND COASTAL CONSTRUCTION. FOR LACK OF A MOTION THIS ITEM WAS LEFT ON THE TABLE. NEW BUSINESS ITEM I. MANAGEMENT CONSULTANTS MR. FRANCIS EXPLAINED THAT MR. NICK PELLEGRINO,OF MANAGEMENT CONSULTANTS, HAD AGREED -TO ASSI.ST.THE CITY IN PRE- PARING AN APPLICATION FOR FEDERAL FUNDS FOR A STUDY AND RECOM- MENDATION FOR THE CITY'S SALARY AND MANAGEMENT STRUCTURE. MR. RUTKOWSKI MOVED THAT THE CITY GO FORWARD IN THIS APPLICATION WITH MR. PELLEGRINO, PROVIDING THAT THE CITY WOULD NOT BE OBLIGATED IF THE GRANT WAS NOT FORTHCOMING. MRS. THURM SECONDED THE MOTION. THE MOTION CARRIED BY UNANIMOUS VOTE. ITEM 2. AUTHORIZATION FOR FUNDS TO APARTMENT OWNERS AMSTC TAT ION. MRS. THURM MOVED THAT THE CITY GIVE $500.00 TO THE ASSOCIATION FOR THEIR ADVERTISING PROGRAM. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR,MR. RHAME, MR. RUTKOWSKI, MR. SALVAGGIO, MRS. THURM. MAYOR MACLAY ABSTAINED DUE TO POSSIBLE CONFLICT OF INTEREST IN THAT HE WAS A MEMBER OF` (PAGE 2 of 6, 10/16/73 MINUTES) 'a MICROFILMED 4 -24 -0 d THE ASSOCIATION. MOTION CARRIED. MALCOLM KIRSCHENBAUM BROUGHT TO THE ATTENTION OF THE COUNCIL THAT AT THE MEETING OF OCTOBER 2, A MOTION WAS MADE TO FORWARD TWO LETTERS REGARDING THE BULKHEAD AND THE PROPOSED PIER TO THE ADDRESSEES. THIS MOTION WAS TABLED, AND REMOVED FROM THE TABLE IN THIS MEETING. HE FELT THAT THIS MOTION HAD NOT BEEN FINALIZED AND REQUIRED FURTHER ACTION. MR. RUTKOWSKI MOVED THAT THE MOTION MADE IN THE OCTOBER 2 MEETING BE RETURNED TO THE TABLE. MAYOR MACLAY SECONDED. VOTE ON THE t =: ^TTnN: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, OPPOSED MR. RHAME, MR. bALITAGGIO, MRS. THURM. MOTION FAILED. THE QUESTION WAS CALLED ON THE ORIGINAL MOTION AS MADE IN ITEM 4 OF THE MINUTES OF OCTOBER 2. IN FAVOR: MAYOR MACLAY, MR. RUTKOWSKI, OPPOSED, MR. RHAME, MR. SALVAGGIO, MRS. THURM. MOTION FAILED. ITEM 3. DISCUSSION OF NEWSLETTER MR. RHAME MOVED THAT ALL FUTURE ISSUES OF THE CITY NEWSLETTER BE REVIEWED BY COUNCIL PRIOR TO MAIL OUT. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BOTH MR. RHAME AND MR. RUTKOWSKI THANKED THE CITIZENS WHO HAD WORKED SO DILIGENTLY IN PREPARING THE NEWSLETTER TO DATE. MRS. -FILKINS,4HO HAS EDITED THE NEWSLETTER, STATED THAT SHE WOULD NO LONGER BE PREPARING IT. MR. RHAME STATED THAT A NEWSLETTER WAS A VERY GOOD SERVICE TO THE PEOPLE AND HE WOULD HOPE THAT SOME KIND CITIZENS WOULD CONTINUE THE SERVICE ITEM 4. MOTION TO NAME INTERIM WATER- QUALITY MANAGEMENT STUDY. MAYOR MACLAY MOVED THAT MRS. THURM BE NAMED AS REPRE- SENTATIVE TO THE STUDY COMMISSION; WITH MAYOR MACLAY AS ALTER - NATE. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM S. ORDINANCE 41 -73 AMENDING ZONING ORDINANCE NON-CONFORMING LOTS (IST R A I G MAYOR MACLAY READ THE ORDINANCE ENTITLED: "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12 -71 AS AMENDED, (PAGE 3 of b, 10/16/73 MINUTES) a MICROFILMED 4.24 -80 , AMENDING PROVISIONS REGARDING NON - CONFORMING LOTS, NONCONFORMING USES OF LAND, NON - CONFORMING STRUCTURES AND NON - CONFORMING USES; PROVIDING AN EFFECTIVE DATE." PASSED BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME. UNANIMOUS VOTE. FIRST READING WAS APPROVED. ITEM. 6. ''ORDINANCE '3'9-7'3'.-AMENDING 'TONING ORD�INANCE I TY. (1ST READING) MAYOR READ THE ORDINANCE ENTITLED: "AN ORDINANCE AMENDING ORDINANCE_NO. 12 -71, AS AMENDED, BY FURTHER RESTRICTING THE MAXIMUM DENSITY, HEIGHT AND MAXIMUM LOT COVERAGE FOR STRUCTURES; PROVIDING AN EFFECTIVE DATE." tiIkS. THURM MOVED TO APPROVE FIRST READING. MR. fALVAGGIO SECONDED. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, MR. SALVAGGIO, MRS. THURM . OPPOSED, MR. RHAME. MOTION CARRIED. MR. RHAME STATED THAT HE WAS NOT OPPOSED.TO THE CON- TENT OF THE ORDINANCE BUT TO THE STRUCTURE. ITEM 7. ORDINANCE 40 -73 AMENDING ZONING.ORDINANCE AND A P, M-3 TO -1. (1ST READING) MAYOR MACLAY READ THE ORDINANCE ENTITLED: "AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS AMENDED, WHICH AMENDS SECTION IV.I THEREOF AS TO .ZONIN- DISTRICT CLASSIFICATION CHANGING FROM M -3 CLASSIFICATION TO C -1 CLASSIFICATION, CERTAIN LAND LYING IN SECTION 14,1TOWNSHIP'24 SOUTH, RANGE 37 EAST CON- TAINING 1..928 AClRES MORE OR LESS; PROVIDING AN EFFECTIVE DATE.,, MAYOR MACLAY MOVED TO APPROVE FIRST READING. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, MR. SALVAGGIO, MRS. THURM. MR. RHAME ABSTAINED DUE TO POSSIBLE CONFLICT OF IN- TEREST AS HIS FIRM WAS INVOLVED IN THE ARCHITECTURE WORK FOR THE PROJECT. MRS. THURM ASKED THAT THE CITY ENGINEER CHECK OUT THE LEGAL DESCRIPTION OF THE PROPERTY BEING REZONED. MOTION TO APPROVE FIRST READING CARRIED. ITEM 8. ORDINANCE 44 -73 AMENDING ORDINANCE 5 -73. E: DRAFTING ORDINANCES AND RESOLUTIONS 1ST READING MAYOR MACLAY READ THE ORDINANCE ENTITLED: 116N ORD.INANCE-AMENDING ORDINANCE NO '5 --73, AS AMENDED, BY - REVISING SECTION 1.05 (c) PROVIDING THAT THE CITY ATTORNEY OR HIS DESIG- NATE SHALL DRAFT AND REDUCE TO WRITING ALL ORDINANCES AND RESO- LUTIONS PRIOR TO CONSIDERATION BY THE'CITY COUNCIL; REPEALING ALL (PAGE 4'OF 6. MINUTES • - MICROFILMED 4 -24.80 ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVID- ING AN EFFECTIVE DATE." 1MR. SALVAGGIO MOVED TO APPROVE FIRST READING. MRS. THURM SECONDED. MAYOR MACLAY MOVED TO AMEND THE ORDINANCE BY INCLUDING THE REQUIREMENT THAT THE SIGNATURE OF THE ATTORNEY BE AFFIXED PRIOR TO ACTION BY COUNCIL. MOTION AS AMENDED WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED, MR. RUTKOWSKI. MOTION CARRIED. ITEM 9. ORDINANCE 45-73 AMENDING -ORDINANCE 26 -�73 REMOVAL OF TREES. I MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 26 -73 ENTITLED "AN ORDINANCE PROHIBITING THE REMOVAL OF TREES WITHOUT A PERMIT; PROVIDING FOR REVIEW OF PERMITS FOR CONSTRUCTION BY THE BEAUTIFICATION BOARD FOR A MINIMUM IMPACT ON EXISTING TREES; PROVIDING FOR APPEALS FROM DECISIONS; PENALTY PROVIDED; PROVIDING FOR AN EFFECTIVE DATE:' BY DELETING CERTAIN EXCEPTIONS FOR OWNER OCCUPIED SIN4LE- FAMILY AND TWO- FAMILY DWELLING UNITS; CHANGING THE PERMIT PROCEDURE SO THAT THE BUILDING OFFICIAL SHALL HAVE SOLE DISCRETION IN ISSUING A TREE REMOVAL PERMIT BY ESTABLISHING CERTAIN CRITERIA TO BE CONSIDERED BY THE BUILDING OFFICIAL REGARDING SUCH A PERMIT; BY PROVIDING FOR A MAXIMUM PERMIT FEE; DELETING PROVISION FOR REVIEW BY BEAUTIFICATION BOARD IN THE EVENT OF NEW CONSTRUCTION; REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE." MRS. THURM MOVED TO APPROVE FIRST READING. MR. SALVAGGIO SECONDED. VOTE ON THE MOTION AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MRS. THURM, OPPOSED, PAR. RUTKOWSKI. MOTION CARRIED. ITEM 10. ORDINANCE 46 -73 REPEALING ORDINANCE ISE ABATEMENT (IST . ' P.: MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE RESCINDING ORDINANCE NO. 20 -73, WHICH ORDINANCE IS ENTITLED "AN ORDINANCE DECLARING POLICY TO ABATE NOISE: ESTABLISH- ING GEOGRAPHICALLY RELATED NOISE STANDARDS; ESTABLISHING TRANS- PORTATION AND RECREATIONAL VEHICLE SOURCE NOISE STANDARDS: ESTAB- LISHING SPECIAL SERVICE NOISE STANDARDS; ESTABLISHING MISC-E-LLA- NEOUS DEVICE NOISE STANDARDS; ESTABLISHING PERSONAL SAFETY NOISE STANDARDS; PROVIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE NO. 21 -72: PROVIDING AN EFFEC- TIVE DATE "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO APPROVE FIRST READING. MR. RHAME SECONDED. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED, MAYOR MACLAY,'`::)tR.RUTKOWSKI. MOTION CARRIED. ITEM 11. RESOLUTION 73 -46 RESCINDING RESOLUTION RE: ABOLISHING MUMIC PA COURT (PAGE_ S. OF 6, MINUTES 10/16/73) e' MICROFILMED 4 -24 -80 MR. SALVAGGIO' MOVED TO APPROVE THE RESOLUTION. MR. RHAME SECONDED THE MOTION. MR. SCOTT EXPLAINED THE PROCED- URE NECESSARY AND TIME ELEMENTS INVOLVED IN ABOLISHING THE COURT. MR.- FRANCIS STATED THAT THE CITY OF COCOA BEACH WOULD LIKE CAPE OF CANAVERAL TO HOLD OFF UNTIL WE COULD BE ASSURED A COURT ON THE BEACH. MRS. THURM MOVED THAT THE ITEM BE POSTPONED UNTIL THE CITY OF CAPE CANAVERAL COULJI MEET WITH COCOA BEACH. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 12. DISCUSSION RE: OUT -GOING CITY CORRES- P NDENCE DISCUSSION WAS HELD REGARDING INDIVIDUAL COUNCIL MEMBERS CORRESPONDENCE ON CITY STATIONERY, AND SIGNED AS COUNCIL MEMBERS. MR. RHAME SUGGESTED RESEARCH ON WHAT COUNCIL MEMBERS AND THE MAYOR COULD, OR COULD NOT, SEND OUT. THERE WAS SOME DISCUSSION REGARDING THE COPY WORK BEING DONE IN CITY HALL AND THE POSSIBLE NEED FOR SOME GUIDELINES FOR CITY CLERK'S OFFICE IN HANDLING THIS WORK. A MEETING OF THE COMMITTEE FOR THE NEW POLICE BUILDING WAS SET FOR MONDAY, OCTOBER 22, AT NOON, TO SCREEN ARCHITECTS' LETTERS. BY GENERAL CONSENT THE MEETING WAS ADJOURNED AT 10:30 P. M. APPROVED THIS 6TH DAY OF NOVEMBER 1973 CITY CLERK MAYOR 6 (PAGE 6 OF 6, MINUTES 10/16/73)