Loading...
HomeMy WebLinkAbout11-06-1973 Regular MeetingREGULAR MEETING MICROFILMED 4 -24 -80 CITY COUNCIL NOVEMBER 6, 1973 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON NOVEMBER 6, 1973, AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P. MACLAY. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR MACLAY; COUNCILMAN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALVAGGIO, MRS. ANN THURM: CITY MANAGER A. J. FRANCIS: ASSISTANT CITY ATTORNEY RICHARD SCOTT; CITY CLERK ANITA J. OSTROM: AND SGT. AT ARMS CHIEF WINNETT. THE MINUTES OF THE REGULAR MEETING OF OCTOBER 16, 1973s, WERE APPROVED AS SUBMITTED. DUE TO A LARGE NUMBER OF PEOPLE IN ATTENDANCE REGARDING THE BEACH EROSION PROBLEM, THE FOLLOWING ITEM WAS CONSIDERED AT THIS TIME. RESOLUTION 73 -47 URGING SIGNATURES FOR BEACH EROSION PROJE T MAYOR MACLAY READ THE RESOLUTION ENTITLED "A RESOLUTION URGING BEACHFRONT PROPERTY OWNERS TO EXECUTE ALL NECESSARY BASE- MENTS AND OTHER DOCUMENTS TO ENABLE THE BEACH EROSION CONTROL PROJECT OF BREVARD COUNTY TO GET UNDERWAY TO HELP PREVENT FURTHER EROSION AND DESTRUCTION OF THE NATURAL BEACHES WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA: PROVIDING AN EFFECTIVE DATE." MRS. THURM MOVED FOR ADOPTION OF THE RESOLUTION. MAYOR MACLAY SECONDED THE MOTION. MR. ROBERT MURKSHE, CHAIRMAN OF THE BEACH EROSION COMMITTEE, WAS IN ATTENDANCE AND SPOKE TO THE AUDIENCE ABOUT THE STATUS OF THE BEACH REPLENISHMENT.PROGRAM AND THE NECESSITY AND URGENCY OF HAVING ALL BEACH PROPERTY OWNERS SIGN THE PAPERS FROM THE RIGHT -OF -WAY DEPARTMENT. HE STATED THAT NEW CONSENT LETTERS WERE BEING MAILED TO EACH BEACH PROPERTY+ OWNER FOR THEIR SIGNATURE TO MEET THE REQUIREMENTS OF THE STATE. MINUTES of 11/6/73 PAGE 1 OF 9 PAGES q, MICROFILMED 4 -24 -80 ,-� VOTE ON THE RESOLUTION WAS UNANIMOUS. THE RESOLUTION WAS ADOPTED. MR. RHAME MOVED THAT THE CITY AUTHORIZE THE MAYOR TO SIGN THE NEW LETTER OF CONSENT FOR THE CITY. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MRS. THURM MOVED TO ADD TWO ITEMS TO THE AGENDA, RESOLUTIONS 73 -54 AND 73 -55 PERTAINING TO THE EROSION PROBLEM ON THE BEACHES. MAYOR MACLAY SECONDED THE MOTION TO ADD. MOTION CARRIED UNANIMOUSLY. RESOLUTION 73 -54 REQUESTING NATURAL DISASTER STATUS MAYOR MACLAY READ THE RESOLUTION ENTITLED "A RESOLUTION REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNT , FLORIDA, INCLUDE THE BEACHES WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA, AS AN AREA OF NATURAL DISASTER OF STATE AND FEDERAL CONCERN; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MRS. THURM SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE THE MOTION CARRIED. RESOLUTION ADOPTED. RESOLUTION 73 -55 RE: REQUEST FOR FEDERAL FUNDS AND RF.SnIIu(IFIN MAYOR MACLAY READ THE RESOLUTION ENTITLED " A RESOLUTION REQUESTING THAT THE RECENT DAMAGE TO THE BEACHES IN THE CITY OF CAPE CANAVERAL, FLORIDA BE DECLARED A NATURAL DISASTER AREA BY THE GOVERNOR OF THE STATE OF FLORIDA, TO QUALIFY FOR FEDERAL FUNDS AND RESOURCES; A REQUEST FOR ASSISTANCE FROM THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF FLORIDA; PROVIDING THAT A COPY OF THIS RESOLUTION BE FORWARDED TO THE CORPS OF ENGINEERS; PRO- VIDING AN EFFECTIVE DATE." BY MOTION OF MRS. THURM, SECONDED BY MAYOR MACLAY,AND UNANIMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS ADOPTED. MRS. THURM THANKED COL. HAMM, WHO WAS IN ATTENDANCE, FOR HIS EFFORT IN OBTAINING EMERGENCY SAND FOR OUR STREET ENDS. UNFINISHED BUSINESS ITEM 1 ORDINANCE 39 -73 RE: DENSITY REGULATIONS 2ND READING) MAYOR MACLAY READ THE ENTIRE ORDINANCE ENTITLED AS FOLLOWS "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." MRS. THURM MOVED FOR ADOPTION. MAYOR MACLAY SECONDED THE MOTION. IlUCH DISCUSSION FOLLOWED BY COUNCIL AND MEMBERS IN THE AUDIENCE AS TO THE REASON FOR THIS ORDINANCE BEING BEFORE COUNCIL AND AS TO POSSIBLE LEGALITY OF PASSAGE. MR. JOHN STARLING, ATTORNEY FOR SHUFFORD MILLS, CERVESCO AND VARIOUS OTHER FIRMS, PRE- MINUTES OF 11/6/73 PAGE 2 OF 9 MICROFILMED 4 -2440 SENTED TO THE COUNCIL SIGNED PROTESTS FROM HIS CLIENTS OPPOSING THIS ACTION. IT WAS BROUGHT OUT THAT UNDER THE NEW HOME RULE PROVISIONS AN ORDINANCE AMENDING THE ZONING ORDINANCE MUST SHOW THE PORTIONS BEING AMENDED. MAYOR MACLAY MOVED TO AMEND THIS ORDINANCE BY FILLING IN THE BLANK SPACES TO COMPLY WITH THE HOME RULE BILL. MR. RUTKOWSKI SECONDED THE MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. AMENDMENT PASSED. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RUTKOWSKI, AND MRS. THURM, OPPOSED, MR. RHAME, MR. SALVAGGIO. MR. RHAME STATED THAT HE HAD NO OBJECTION TO THE DENSITY FACTOR. HIS OBJECTION WAS THAT THE ORDINANCE WAS POORLY STRUCTURED. ORDINANCE WAS ADOPTED BY THE 3 TO 2 VOTE. A RECESS WAS CALLED AT 9:50 P.M. MEETING RECONVENED AT 10:00 P.M. COUNCIL AGREED AT THIS TIME TO TAKE UP THE ITEMS REGARDING ANNEXATION. MR. SCOTT STATED THAT HE HAD DETERMINED THAT ITEM S. THE ORDINANCE 50 -73 RE: ANNEXATION WAS NOT NECESSARY AND THAT THE RESOLUTION IN ITEM 4 WAS ADEQUATE FOR ANNEXING THE PROPERTY IN QUESTION. NEW BUSINEHEM 4 RESOLUTION 73 -48 ANNEXATION OF PROPERTY MAYOR MACLAY READ THE RESOLUTION ENTITLED "A RESOLUTION EXTENDING AND ENLARGING CORPORATE LIMITS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY THE ANNEXATION OF CERTAIN LAND WHICH IS CONTIGUOUS TO THE SOUTHERN LIMITS OF THE CITY OF CAPE CANAVERAL., FLORIDA, AS REQUESTED BY THE PETITION OF BREVARD FIRST CORPORATION, THE OWNER OF SUCH CONTIGUOUS LAND: DESIGNATING ZONING CLASSIFICATION OF SUCH CONTIGUOUS LAND: PROVIDING AN EFFECTIVE DATE." MR. SALVAGGIO MOVED FOR ADOPTION OF THE RESOLUTION. MRS. THURM SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND THE RESOLUTION BY INSERTING A NEW SECTION STATING THAT THE ZONING IN THE ANNEXED AREA WOULD BE R -2. MR. SALVAGGIO SECONDED THIS MOTION THE MOTION TO AMEND CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR)MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED) MR. RUTKOWSKI. MOTION CARRIED RESOLUTION ADOPTED. OLD BUSINESS ITEM 2 ORDINANCE' 40 -73 'AMENDING'ZONING ORD H NCE. AND MAP M -3 TO C=l 2ND READING) MR. SCOTT READ THE ORDINANCE IN FULL ENTITLED "AN MINUTES OF 11/6/73 PAGE 3 OF 9 a MICROFILME® 4 -24 -80 , ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS AMENDED, WHICH AMENDS_ SECTION IV.I THEREOF AS TO ZONING DISTRICT CLASSIFICATION CHANGING FROM M -3 CLASSIFICATION TO C -1 CLASSIFICATION, CERTAIN LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST CONTAINING 1.928 ACRES MORE OR LESS: PROVIDING AN EFFECTIVE DATE." MAYOR MACLAY MOVED TO ADOPT THE ORDINANCE. MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR; MAYOR MACLAY, MR. RUTKOWSKI, MR. SALVAGGIO, AND MRS. THURM. MR. RHAME ABSTAINED DUE TO A POSSIBLE CONFLICT OF INTEREST. ITEM 3. ORDINANCE 41 -73 AMENDING ZONING ORDINANCE REGARDING NON-CONFORMING LOTS (2nd READI G} MRS. THURM READ THIS ORDINANCE IN FULL ENTITLED: "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 12 -71 AS AMENDED. AMENDING PROVISIONS REGARDING NON - CONFORMING LOTS, NON - CONFORMING USES OF LAND, NON - CONFORMING STRUCTURES AND NON - CONFORMING USES; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MRS. THURM, SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE OF COUNCIL THE ORDINANCE WAS ADOPTED. DUE TO THE LATE HOUR, COUNCIL DECIDED AT THIS TIME TO CONSIDER CERTAIN ITEMS ON THE AGENDA OUT OF ORDER. NEW BUSINESS ITEM 7 MOTION TO NAME SUBSTITUTE PROSECUTOR. MR. RUTKOWSKI MOVED TO NAME ATTORNEY JOHN ANTOON AS SUBSTITUTE PROSECUTOR WHEN MR. SCOTT WAS NOT AVAILABLE. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 8 POLICE CAR BIDS COUNCIL REVIEWED THE BIDS SUBMITTED FROM JIMMY VICKERS AND WARREN WOOTEN FORD. MAYOR MACLAY MOVED TO AWARD THE BID FOR THREE POLICE CARS TO WARREN WOOTEN FORD AT A NET PRICE OF $7,891.30 WITH OUR TRADE INS. MR. RHAME SECONDED THE MOTION. MOTION CARRIED BY A UNANIMOUS VOTE. BID AWARDED TO WARREN WOOTEN FORD COMPANY. ITEM 11 RESOLUTION 73 -53 NEW PORT FIRE FIGHTING AGREEMENT MAYOR READ THE RESOLUTION ENTITLED "A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, AND THE CITY OF CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO ENTER INTO A RE- NEWAL OF THE FIRE PROTECTION AGREEMENT WITH THE CANAVERAL PORT AUTHORITY FOR A PERIOD OF ONE YEAR, COMMENCING OCTOBER 1, 1973 THROUGH SEPTEMBER 30, 1974; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME AND UNANIMOUS VOTE. THE NEW FIRE FIGHTING AGREEMENT WAS APPROVED.. MINUTES OF 11/6/73 PAGE 4 OF 9 • MICROFILMED 4.24 -80. Avg ITEM 12 MOTION AUTHORI'Z'ING' ARCHITECT CONTRACT FOR-POLICE BIL IN MR. RHAME STATED THAT THE BUILDING COMMITTEE WAS RECOMMENDING A CONTRACT WITH FRANK BENITO, INC., FOR A FEE OF $3,064.32 FOR PLANS AND SPECIFICATIONS. MR. RHAME MOVED TO ENTER INTO THE CONTRACT WITH FRANK BENITO, INC. AFTER THE CONTRACT HAD BEEN REVIEWED BY THE CITY ATTORNEY. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MR. RUTKOWSKI MOVED TO RECESS THIS MEETING UNTIL 7:30 P.M.. ON TUESDAY, NOVEMBER 13, 1973. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. THE MEETING WAS RECESSED AT 11:02 P.M. NOVEMBER 13, 1973 THE REGULAR MEETING OF THE CITY COUNCIL OF NOVEMBER 6, 1973 WAS RECONVENED ON NOVEMBER 13, 1973 AT 7:35 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS 9 PRESENT WERE: MAYOR MACLAY; COUNCILMAN E. H. RHAME, A. M. RUTKOWSKI, AND MRS: ANN THURM. CITY MANAGER A. J. FRANCIS; ASSISTANT CITY ATTORNEY RICHARD SCOTT; CITY CLERK ANITA J. OSTROM; AND SGT. AT ARMS WILLARD WINNETT. OLD BUSINESS ITEM 4 ORDINANCE 43 -73 AMENDING TREE ORDINANCE D READING BY MOTION OF MRS. THURM SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE OF THE COUNCIL THIS.ITEM WAS DELETED FROM THE AGENDA. ITEM 5 .ORDINANCE 44 -73 AMENDING COUNCIL RULES OF 0 EDUR£ N READING) MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED; "AN ORDINANCE AMENDING ORDINANCE NO. 5 -73 AS AMENDED, BY RE- VISING SECTION 1.05(c) PROVIDING THAT THE CITY ATTORNEY OR HIS DESIGNATE SHALL DRAFT AND REDUCE TO WRITING ALL ORDINANCES AND RESOLUTIONS PRIOR TO CONSIDERATION BY THE CITY COUNCIL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION OF THE ORDINANCE. MAYOR MACLAY SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MINUTES OF 11/6/73 RECONVENED 11/13/73 PAGE 5 OF 9 MICROFILMED 4 -24 -80 MAYOR MACLAY, MR. RHAME AND MRS. THURM. OPPOSED MR. RUTKOWSKI. MOTION CARRIED ORDINANCE ADOPTED. ITEM 6 ORDINANCE' 4'5'— 7'3' AMEND-ING' 'ORDINANCE '26-73 RE:— TREES 2ND READING) •f CITY CLERK POINTED OUT THAT THERE HAD BEEN A TYPING ERROR IN INSERTING THE NEW SECTION 3F. THIS SECTION SHOULD BE INSERTED ON PAGE 3 FOLLOWING SECTION 3E. MRS. THURM MOVED FOR ADOPTION OF THE ORDINANCE. MR. RHAME SECONDED THE MOTION. MRS. THURM MOVED TO AMEND BY ADDING IN THE NEW SECTION 3F THE FOLLOWING WORDS "THIS IS NOT TO EXCEED TWO TREES ON ONE PROPERTY OR ONE PARCEL." MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. RUTKOWSKI MOVED TO DELETE THE ENTIRE NEW SECTION F AS AMENDED. MAYOR MACLAY SECONDED THIS MOTION. VOTE of WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RUTKOWSKI; OPPOSED MR. RHAME AND MRS. THURM. MOTION TO AMEND FAILED TO CARRY. MR. RUTKOWSKI MOVED TO FURTHER AMEND SECTION 3B BY ADDING THAT THE BUILDING OFFICIAL SHALL MAKE A WRITTEN EXAMINATION REPORT. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE ORDINANCE AS AMENDED WAS AS FOLLOWS: IN FAVOR, MR. RHAME AND MRS. THURM, OPPOSED.MAYOR MACLAY AND MR. RUTKOWSKI. MOTION FAILED. ORDINANCE WAS NOT ADOPTED. MRS. THURM ASKED THE CITY MANAGER IF HE WOULD HAVE THE BUILDING OFFICIAL PRESENT TO COUNCIL, EITHER IN WRITING OR IN PERSON, AT THE NEXT WORKSHOP HIS REASONS WHY HE FOUND THE TREE ORDINANCE UNINFORCEABLE AND HIS SUGGESTIONS FOR AMENDMENTS. ITEM 7 ORDINANCE 46 -73 RESCINDING ORDINANCE 20 -73 NOISE ORDINANCE D READING) MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE RESCINDING ORDINANCE NO 20 -73, WHICH ORDINANCE IS ENTITLED "AN ORDINANCE DECLARING POLICY TO ABATE NOISE; ESTABLISHING GEOGRAPHICALLY RELATED NOISE STANDARDS: ES- TABLISHING TRANSPORTATION AND RECREATIONAL VEHICLE SOURCE NOISE STANDARDS: ESTABLISHING SPECIAL SERVICE NOISE STANDARDS: ES- TABLISHING PERSONAL SAFETY NOISE STANDARDS: PROVIDING FOR VARIANCES PROVIDING FOR ENFORCEMENT AND PENALTIES: REPEALING ORDINANCE NO. 21 -72; PROVIDING AN EFFECTIVE DATE "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING AN EFFECTIVE DATE." MRS. THURM MOVED TO TABLE THIS ITEM. MR. RHAME SECONDED THE MOTION. lvlOTION WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY AND MR. RUTKOWSKI. OPPOSED MR. RHAME AND MRS. THURM. MOTION FAILED TO CARRY. MR. RHAME MOVED TO ADOPT THE ORDINANCE MINUTES OF 11/6/73 RECONVENED 11/13/73 PAGE 6 OF 9 - m MICROFILMED 4 -24 -80 MRS. THURM SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME AND MRS. THURM, OPPOSED MAYOR MACLAY, MR. RUTKOWSKI. MOTION FAILED TO CARRY. ORDINANCE WAS NOT ADOPTED. NEW BUSINESS ITEM 1 ORDINANCE 47 -73 AMENDING ZONINGORDINANCE 1n n� - r i r. n, _ MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: "AN ORDINANCE AMENDING ORDINANCE NO 12 -71, AS AMENDED, BY PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER THE SOUTHERN STANDARD BUILDING CODE WHEN IN CONFLICT WITH THIS ORDINANCE: BY REVISING THE'AREA AND DIMENSION' REGULATIONS OF THE R -3 ZONING DISTRICT; BY REVISING THE LANDSCAPING RE- QUIREMENTS IN THE R -3 ZONING DISTRICT; BY INCREASING THE MINIMUM OPEN SPACE REQUIREMENT OF THE R -3 ZONING DISTRICT AND REVISING CERTAIN AREAS NOT TO BE INCLUDED IN THE CALCULATION OF THE OPEN SPACE AREA IN SAID DISTRICT: BY ESTABLISHING A FEE SCHEDULE FOR THE FILING OF A PRELIMINARY RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN; BY INCREASING THE.FEE FOR THE FILING OF THE FINAL RESIDEN- TIAL PLANNED UNIT DEVELOPMENT PLAN: BY REVISING CERTAIN REQUIRE- MENTS FOR OFF STREET PARKING FOR FIVE OR MORE AUTOMOBILES: BY REVISING THE SUPPLEMENTARY DISTRICT REGULATIONS REGARDING ACCESSORY STRUCTURES BY PROVIDING AN EXCEPTION FOR ONE AND TWO FAMILY RESI- DENCES TO ERECT ONE (1) SUCH STRUCTURY PER UNIT AND THE SIZE DIMEN- SION THEREFOR AND DELETING THE PROVISION FOR SERVANTS'QUARTERS FOR SUCH ACCESSORY STRUCTURES: BY REVISING THE PROCEDURE OF AMEND- MENTS TO THIS ZONING ORDINANCE BY PROVIDING THAT PUBLIC HEARINGS ON SAID AMENDMENTS WILL NOT BE SCHEDULED UNTIL ZONING AND PLANNING BOARD HAS SUBMITTED ITS RECOMMENDATIONS AND BY REVISING THE TIME PERIOD OF THE PUBLICATION OF THE NOTICE REQUIREMENTS OF SAID AMENDMENTS; BY REVISING.SCHEDULE OF FEES, CHARGES AND EXPENSES BY ADDITION OF FEES FOR PRELIMINARY AND FINAL RESIDENTIAL PLANNED UNIT DEVELOPMENT APPLICATIONS: BE.REVISING THE DEFINITION OF OPEN SPACE AREAS; BE REDEFINING CERTAIN INCLUSIONS AND EXCLUSIONS OF THE CALCULATION OF SAID OPEN SPACE AREAS: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING AND EFFECTIVE DATE." BY MOTION OF MAYOR MACLAY SECONDED BY MR. RHAME AND UNANIMOUS VOTE OF THE COUNCIL FIRST READING WAS APPROVED. ITEM 2 ORDINANCE 48' -73 LAND USE REGULATIONS RE: FLOODING 1ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ADOPTING CERTAIN LAND USE REGULATIONS TO PROVIDE FOR THE PROTECTION OF STRUCTURES AND INHABITANTS FROM THE DANGER OF FLOODING IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE RECORDING OF APPLICABLE MAPS ON SPECIAL HAZARD AREAS AND BASE FLOOD ELEVATIONS FOR THE CITY OF CAPE CANAVERAL; DEFINING CERTAIN TERMS; DESCRIBING THE INTENT, PURPOSE AND OBJECTIVES OF SAID PRO - GRAM; SETTING FORTH BUILDING SPECIFICATIONS AND REQUIREMENTS FOR NEW CONSTRUCTION OF RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES; PROVIDING FOR PARTICULAR SPECIFICATIONS FOR COASTAL HIGH HAZARD AREAS; PROVIDING THE PROCEDURE FOR AND TERMS AND CONDITIONS OF SURVEYS TO BE ATTACHED TO BUILDING PERMIT APPLICATIONS; PROVIDING THAT SAID ORDINANCE SHALL TAKE PRECEDENT OVER EXISTING BUILDING AND ZONING'ORDINANCES AND REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING-AND-EFFECTIVE DATE:" M YOR MACLAY MOVED TO ADOPT THE ORDINANCE. MR. RHAME SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND THE ORDINANCE MINUTES OF 11/6/73 RECONVENED 11/13/73 PAGE 7 OF 9 MICROFILMED 4 -24 -80 BY CHANGING THE WORDS THOSE UNINCORPORATED AREAS OF BREVARD COUNTY . ON PAGE 4 TO READ THOSE AREAS OF THE CITY OF CAPE CANAVERAL, FLORIDA. MR. RHAME SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS. PIRST READING WAS APPROVED. ITEM 3 ORDINANCE '4'9' =73 AMENDING SIGN ORDINANCE 1 ST R DING) MAYOR MACLAY MOVED TO TABLE THIS ITEM. MR. RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS. IN FAVOR: MAYOR MACLAY, MR. RHAME, MRS. THURM, OPPOSED MR. RUTKOWSKI. MOTIO CARRIED. ORDINANCE 49 -73 WAS TABLED. ITEM 6 RESOLUTION--73-49 RE: DOUBLE TAXATION MAYOR READ THE RESOLUTION ENTITLED:' ve "A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, SUPPORTING LEGISLATION TO EXCLUDE TAXPAYERS IN MUNICIPALITIES FROM PAYING COUNTY TAXES FOR SERVICES WHICH ARE RENDERED IN UNINCORPORATED AREAS. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL THE RESOLUTION WAS ADOPTED. ITEM 9 RESOLUTION 73 -51 RE: MENTAL HEALTH CENTER MR. SCOTT READ THE RESOLUTION ENTITLED: "A RESOLUTION SUPPORTING THE ESTABLISHMENT AND LOCATION IN CAPE CANAVERAL, FLORIDA, OF A PROPOSED CANAVERAL CRISIS AND RE- FERRAL CENTER, PROPOSED BY THE DRUG ABUSE SERVICE OF THE BREVARD COUNTY MENTAL HEALTH SERVICE, INC.; PROVIDING AN EFFECTIVE DATE." MR — RHAME MOVED FOR ADOPTION OF THE RESOLUTION, MRS. THURM SECONDED THE MOTION. THE CITY MANAGER QUESTIONED THE ADVISABILITY OF APPROVING THIS CENTER WITHIN THE CITY OF CAPE CANAVERAL DUE TO THE POSSIBILITY OF THE CITY BEING ASKED TO ASSIST IN FUNDING IT IN THE FUTURE. VOTE ON THE RESOLUTION WAS UNANIMOUS. THE RESOLUTION WAS ADOPTED. ITEM 10 RESOLUTION 73 -52 REGARDING LIBRARY BOARD MR. SCOTT READ THE RESOLUTION ENTITLED: A RESOLUTION AUTHORIZING THE CAPE CANAVERAL, FLORIDA LIBRARY BOARD TO NEGOTIATE A LIBRARY CONTRACT WITH THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AND TO APPROVE ANY CHANGES OR MODIFICATIONS OF SAID CONTRACT WITH THE COUNTY COMMISSION; PROVIDING AN EFFECTIVE DATE." BY MOTION OF MRS. THURM SECONDED BY MY RHAME AND UNANIMOUS MINUTES OF 11%6/73 RECONVENED 11 /13%73 PAGE 8 OF 9 a MICROFILMED 4 -24 -80 VOTE OF COUNCIL THE RESOLUTION WAS ADOPTED. ITEM 13 SETTING' MEETING DATE 'OF THE AD` HOC 'CQMMITTEE THERE WAS NO ACTION ON THIS ITEM DUE TO A LACK OF A MOTION. BY MOTION OF MRS. THURM, SECONDED BY MAYOR MACLAY, THE MEETING WAS ADJOURNED AT 9:35 P.M. Fj APPROVED THIS 20 DAY OF NOVEMBER 1973 Zoo 2�, MAYNK MINUTES OF 11/6/73 RECONVENED 11/13/73 PAGE 9 OF 9