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Home My WebLink About11-20-1973 Regular Meeting` . MICROFILMED 4.24 -80 REGULAR MEETING CITY COUNCIL NOVEMBER 20, 1973 A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON NOVEMBER 202;1973, AT THE CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:35 P.i. 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. a 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. THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 6, 1973, WERE APPROVED AFTER A CORRECTION BY MR. RHAME. TREASURER'S REPORT FOR OCTOBER 1973 WAS APPROVED AS SUBMITTED. THE CITY ATTORNEY GAVE A REPORT TO COUNCIL ON THE STATUS OF PENDING COURT CASES IN WHICH THE CITY IS INVOLVED. DURING THE DISCUSSION ON THE CASE OF CERVESCO VS THE CITY REGARDING THE INITIATIVE PETITION ORDINANCE, MR- xUTKOWSKI MOVED THAT THE CITY TAKE AN INTERLOCUTORY APPEAL. MAYOR MACL SECONDED THE MOTION: VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MAYOR MACLAY, MR. RUTKOWSKI, AND MRS. THURM. OPPOSED MR. RHAME, MR. SALVAGGIO. MOTION CARRIED.: UNFINISHED BUSINESS ITEM 1 ORDINANCE 47 -73 AMENDING ZONING ORDINANCE SECOND READING AND PUBLIC HEARING. MAYOR MACLAY READ THE ORDINANCE IN FULL. MR. RUTKOWSKI CALLED FOR A FIVE MINUTE RECESS. :NRS. THURM SECONDED THE MOTION. THE MOTION CARRIED. THE MEETING WAS RECONVENED AT 9:05 P.M. ;4INUTES 11/20/73 PAGE I - OF 6 MICROFILMED 4 -24 -80 MAYOR MACLAY MOVED TO ADOPT ORDINANCE 47 -73. . MR. RUTKOWSKI SECONDED THE MOTION. MR. SALVAGGIO MOVED TO AMEND THE ORDINANCE BY DELETING ALL OF SUB- PARAGRAPH "C" ON PAGE 2 REGARDING LANDSCAPING OF R -3. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. MAYOR MACLAY MOVED TO AMEND THE ORDINANCE BY ADDING TO SUB - PARAGRAPH "G" ON PAGE 3, THE FOLLOWING WORDS, "ALLOWING HOWEVER, A DRIVEWAY OR DRIVEWAYS OF NOT MORE THAN 24 FEET TOTAL ON ANY STREET OR ALLEY FOR INGRESS OR EGRESS TO SAID OFF- STREET PARKING AREA. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. m� MR. RHAME MOVED TO FURTHER AMEND THE ORDINANCE BY DELETING ALL OF SUB - PARAGRAPH "A" UNDER SECTION 1, ON.PAGE 1. MR. SALVAGGIC SECONDED THIS MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, AND MRS. THURM. OPPOSED MAYOR MACLAY AND MR. RUTKOWSKI. MOTION CARRIED. MRS. THURM MOVED TO AMEND BY DELETING SUB - PARAGRAPH "D" ON PAGE 2 REGARDING MINIMUM OPEN SPACE AREA REQUIREMENTS AND TO ASK THE ZONING BOARD TO RESTUDY THIS PORTION. MR. RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN _,..,---'FAVOR, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPO.5ED,. MAYOR 1NIACLAY AND MR. RUTKOWSKI. MOTION CARRIED. MR. RHAME MOVED TO FURTHER AMEND BY DELETING ON'THE LAST PAGE SUB - PARAGRAPH "K" IN ITS ENTIRETY. IRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL. AIR. RHAMME MOVED FOR AN ADDITIONAL AMENDMENT AS FOLLOWS: ON PAGE 3 SUB -PARAC APH "H" BY DELETING BEGINNING ON LINE 9 THE WORDS "ATTACHED OR DETACHED" AND INSERTING THE FOLLOWING, '1100 SQ. FT. jtiITH MAXIMUM HEIGHT OF 10 FEET IF DETACHED OR 32 SQ. FT. WITH MAXIMUM HEIGHT OF 10 FEET IF ATTACHED." AIRS. THURM SECONDED THIS MOTION. :MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN lVILOTION FOR ADOPTION OF THE ORDINANCE AS AMENDED WAS UNANIMOUS. ORDINANCE ADOPTED. MINUTES 11/20/73 PAGE 2 OF 6 - MICROFILMED 4 -24 -80 ITEM, ORDINANCE 49 -73. AMENDING THE SIGN ORDINANCE - 1 st READING) MR. RHANME MOVED TO'TAKE THIS ITEM FROM THE TABLE. MRS. THURM- SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR: MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED, MR. RUTKOWSKI. 14OTION CARRIED. MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN*ORDINANCE AMENDING THE SIGN ORDINANCE OF MARCH 30, 1965, AS AMENDED BY RESCINDING ORDINANCE NO.23 -73, WHICH ORDINANTCE IS ENTITLED "AN ORDINANCE AMENDING THE SIGN ORDINANCE BY CLARIFYING THE RIGHT - OF -WAY PROHIBITION; BY PROHIBITING FLASHING AND PORT- ABLE SIGNS.; BY ESTABLISHING A SIGN HEIGHT LIMITATION; BY ALTERING THE PENALTY PROVIDED; PROVIDING AN EFFECTIVE • DATE. "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES • IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED TO APPROVE FIRST`READING.'MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME, MR. SALVAGGIO, MRS THURM. OPPOSED MAYOR MACLAY,.MR. RUTKOWSKI. MOTION CARRIED. FIRST READING WAS APPROVED. NEW BUSINESS: ITEM 1 ROOFING BID MR. FRANCIS REVIEWED THE BIDS RECEIVED FOR ROOFING. CITY HALL AND IT WAS DETERMINED BY THE ATTORNEY THAT THE CITY HAD SATISFIED THEIR OBLIGATION FOR ADVERTISING. MR. RHAME MOVED TO AWARD THE BID TO DIXIE ROOFING CO.IN THE AMOUNT OF $1,240.00 AND TO SMITH & SON FOR $200.00 FOR REMOVING AND REPLACING THE AIR CONDITIONERS.. MR•.&LVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2 RESOLUTION 73 -56 APPOINTMENT OF TWO BEAUTIFICATION BOARD MEMBERS. MAYOR MACLAY READ THE RESOLUTION ENTITLED AS FOLLOWS: "A RESOLUTION APPOINTING MEMBERS TO THE CITY BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE." BY.A MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE OF THE COUNCIL, THE RESOLUTION WAS ADOPTED NAMING CHARLES AND DOLORES THOMSON TO THE BEAUTIFICATION BOARD. ITEM 3 ORDINANCE 51 -73 AtiiENDING THE TREE ORDINANCE 1ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 26 -73 ENTITLED ",vN ORDINANCE PROHIBITING THE REMOVAL OF TREES WITHOUT A PEPvNiIT; PROVIDING FOR REVIEW OF PERMITS FOR CONSTRUCTION BY THE BEAUTIFICATION BOARD FOR A MINIMUM IMPACT ON EXISTING TREES; MINUTES 11/20/73 PAGE 3 OF 6 a a MICROFILMED 4-2-14-80 ` PROVIDING FOR APPEALS FROM DECISIONS; P ,,,_'''`_r PROVIDED; PROVIDING FOR AN EFFECTIVE DATE." BY DELEiIiNU �`:,_- ".'!?N EXCEPTIONS FOR OWNER OCCUPIED SINGLE - 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 PEM4IT:'BY PROVIDING FOR A MAXIMUM PERMIT FEB; DELETING PROVTSION FOR REVIEW'BY BEAUTIFICATION BOARD IN THE EVENT OF NEW CONSTRUCTION; REPEALING ALL ORDIN.:VCES OR OF PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO APPROVE FIRST READING. MRS. THURM SECONDED THE MOTION. MAYOR MACLAY MOVED TO DELETE FROM PAGE 3, SECTION 3F. 14R. RUTKOWSKI SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, INIR. MACLAY, MR. RUTKOWSKI. OPPOSED, MR.. RHAME, MR. SALVAGGIO, AND MRS. THURM. MOTION TO AMEND FAILED:`: VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR: MR. RHAME, MR. SALVAGGIO, MRS. THURIvI, OPPOSED MAYOR MACLAY, 111R. RUTKOWSKI. MOTION CARRIED. FIRST READING.OF THE ORDINANCE WAS APPROVED. ITEM 4 ORDINANCE 52 -73 AMENDING NOISE ABATEMENT ORDINANCE 1ST READING) MMAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE RESCINDING ORDINANCE NO. 20 -73, WHICH ORDINANCE IS ENTITLED "AN ORDINANCE DECLARING POLICY TO ABATE NOISE: ESTABLISHING GEOGRAPHICALLY RELATED NOISE STANDARDS; ESTABLISHING TRANSPORTATION AND RECREATIONAL VEHICLE SOURCE NOISE STANDARDS; ESTABLISHING SPECIAL SERVICE NOISE STANDARDS; ESTABLISHING MISCELLANEOUS DEVICE NOISE STANDARDS; ESTABLISHING PERSONAL SAFETY NOISE STANDARDS; PROVIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE N0. 21- 72;- PROVIDING AN EFFECTIVE DATE "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED TO APPROVE FIRST READING.' MRS. THURM SECONDED THE MOTION. AFTER DISCUSSION ON THE ITEM, VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MAYOR MACLAY, MR.RUTKOWSKI. MOTION CARRIED FIRST READING WAS APPROVED. ITEM 5 F ITEM 6 AD -HOC COMMITTEE & SALARY EVALUATION IT WAS DETERMINED THAT ITEM 5 AD -HOC COMMITTEE MEETING AND ITEM 6 SALARY EVALUATION COULD BE HANDLED AT THE SAME TIME. MR. SALVAGGIO MOVED THAT A MEETING OF THE AD -HOC CO1%PrIITTEE BE CALLED TO INVESTIGATE THE ILLEGAL ACTIONS IN CITY HALL OF ELECTED OFFICIALS. THE MEETING BE SET FOR TUESDAY, A; MICROFILMED 4 -24 -80 e EVALUATION. AIRS. THURNI SECONDED THE MOTION. VOTE WAS AS FOLLC':' +'S: IN fAVUR, hR. RHAME, MR. SALVAGGIO, SIRS. THURM, Cl m OPPOSED MAYOR MACLAY, AIR. RUTKOWSKI. 1XIOTION CARRIED. ITEM 7.. LETTER FROM FIRST INTERSTATE DEVELOPMENT RE: BUILDING MAYOR MACLAY READ THE LETTER FROM FIRST INTERSTATE DEVELOPMENT. MR. JOHN STARLING, ATTORNEY FOR FIRST INTERSTATE, WAS IN ATTENDANCE AND EXPLAINED TO COUNCIL THE REASON FOR THE LETTER. HE STATED THAT FIRST INTERSTATE WANTED TO COOPERATE WITH THE STATE IN THE BEACH REPLENISHMENT PROJECT BUT SUCH CONSTRUCTION WOULD BE ADVERSE TO THE SALES OF HIS CLIENT'S BUILDING PROJECT AND THAT THE REQUEST FOR AN EXTENSION OF THEIR BUILDING PERMIT WOULD ALLOWTHEM TO COMPLETE THEIR PROJECT AT ABOUT THE SAME TIME THAT THE EROSION PROJECT WOULD BE FINISHED. MR. RUTKOWSKI STATED THAT HE DISAPPROVED THIS LETTER AND THE APPLICATION AND THAT HE WOULD REQUEST THAT COUNCIL DISMISS FURTHER CONSIDERATION IN THAT IT HAD NO JURISDICTION. THE CITY ATTORNEY STATED THAT THE COUNCIL WAS IN NO POSITION TO ACT IN THIS AREA AND THAT THE BUILDING OFFICIAL WAS THE ONE TO LEGALLY ISSUE EXTENTIONS ON BUILDING PERMITS. NO FURTHER ACTION WAS TAKEN BY THE COUNCIL. ITEM 8 RESOLUTION 73 -57 AGREEMENT WITH COUNTY RE: EXCHANGE OF PROPERTY MAYOR MACLAY READ THE PROPOSED AGREEMBN- BETWEEN THE COUNTY AND THE CITY RELATIVE TO THE CITY'S NEW PARK AREA AND THE PROPERTY ON WHICH CITY HALL IS LOCATED. MR. SALVAGGIO MOVED TO APPROVE THE AGREEMENT, MAYOR MACLAY SECONDED THE MOTION. MAYOR MACLAY MOVED TO AMEND THE AGREEMENT BY ADDING FIVE -YEAR OPTIONS UP TO A MAXIMUM OF FIFTY YEARS LEASE. MR. RUTKOWSKI SECONDED THE MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MOTION AS AMENDED WAS UNANIMOUS. AGREEMENT APPROVED. SOME DISCUSSION FOLLOWED ON THE BEACH EROSION PROBLEM. MRS. THURM AGREED TO COO;tDINATE A WEEK -END EFFORT TO CONTACT BEACH PROPERTY OWNERS WHO HAD NOT SIGNED THE AGREEMENT IN AN EFFORT TO ASSURE THE SUCCESS OF THE PROJECT. MINUTES 11/20/73 PAGE 5 OF 6 MICROFILMED 4 -24 -80 ®. BY GENERAL CONSENT THE MEETING WAS ADJOURNED AT 10:00 P.M. APPROVED THIS 4TH DAY OF DECEMBER 1973. � �: U L 2, CITY CLER m MINUTES 11/20/73 PAGE 6 OF 6