HomeMy WebLinkAbout12-04-1973 Regular Meeting0
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REGULAR MEETING
CITY COUNCIL
DECEMBER 4, 1973
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON DECEMBER 4, 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 A. M. 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 20,
1973 WERE APPROVED AS SUBMITTED.
UNFINISHED BUSINESS
ITEM 1 ORDINANCE 48 -73 LAND USE REGULATIONS
2ND READING- PUBLIC HEARING
MR. WOLFMAN, THE CITY ATTORNEY, READ THE ENTIRE
ORDINANCE ENTITLED 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 PROGRAM; SETTING FORTH BUILDING SPECIFICATIONS AND REQUIRE-
MENTS FOR NEW CONSTRUCTION OF RESIDENTIAL AND NON - RESIDENTIAL
STRUCTURES: PROVIDING FOR BUILDING SPECIFICATIONS AND REQUIRE -.
MENTS FOR SUBSTANTIAL IMPROVEMENTS OF EXISTING RESIDENTIAL AND
NON- RESIDENTIAL STRUCTURES ; PROVIDING FOR PARTICULAR SPECIFICA=
TIONS 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 REGULA-
TIONS; PROVIDING FOR PENALTIES; PROVIDING AND EFFECTIVE DATE.
MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED
THE MOTION. MAYOR MACLAY MOVED TO AMEND THE ORDINANCE BY CHANGING
THE READING UNDER SECTION 2,PARAGRAPH D TO READ AS FOLLOWS, "THE
SET OF THREE SEPARATE MAPS OF VARIOUS AREAS OF BREVARD COUNTY,
FLORIDA NtHICH WERE PREPARED BY THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION AND APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN
MINUTES 12/44/73
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MICROFILMED 4.24.8.0
DEVELOPMENT, SAID SET OF.MAPS DATED MARCH 24, 1971 CONSISTS OF
THE INTRODUCTORY OR INDEX MAP WHICH DEPICTS THE BASE FLOOD ELEVA-
TION FOR EACH SPECIAL FLOOD HAZARD ZONE DESIGNATION AND AN EX-
PLANATION OF EACH 'ZONE DESIGNATION AND TWO INDIVIDUAL MAPS
NUMBERED 01 AND 02 WHICH NUMBERS ARE INDEXED TO THE INTRODUCTORY
MAP." MRS. THURM SECONDED THE AMENDMENT. VOTE WAS.UNA�JIMOUS..,`
AMENDMENT CARRIED. VOTE ON THE ORDINANCE AS AMENDED WAS UNANIMOUS.
ORDINANCE ADOPTED.
NEW BUSINESS
ITEM 1 ORDINANCE 53 -73 AMENDING ORDINANCE 18 -63 I
AS AMENDED RE: ZONING BOARD 1S R ADING)
MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE CREATING A PLANNING AND ZONING BOARD OF THE
CITY OF CAPE CANAVERAL; PRESCRIBING NUMBER OF MEMBERS; PROVIDING
TERMS OF OFFICE; PROVIDING POWERS AND DUTIES; VALIDATING OFFICIAL
ACTS OF PAST PLANNING AND ZONING BOARDS; REPEALING ORDINANCE NUMBER
18 -63, AS AMENDED; PROVIDING AN EFFECTIVE DATE.
BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND
UNANIMOUS VOTE OF COUNCIL, FIRST READING OF THE ORDINANCE WAS
APPROVED.
ITEM 2 RESOLUTION 73 -58 AUTHORIZATION TO SIGN LIBRARY
MMTVArT
MAYOR MACLAY READ THE RESOLUTION ENTITLED AS FOLLOWS:
AUTHORIZING THE MAYOR OF THE CITY OF CAPE CANAVERAL AND
THE CHAIRMAN OF THE CAPE CANAVERAL LIBRARY BOARD TO EXECUTE A
LIBRARY CONTRACT ON BEHALF OF THE CITY WITH THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE
DATE:
BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND
UNANIMOUS VOTE THE RESOLUTION WAS ADOPTED APPROVING THE NEW COUNTY
LIBRARY CONTRACT.
ITEM 3 AWARD OF SPRINKLER BID
THE CITY MANAGER REVIEWED THE BIDS SUBMITTED FOR THE
SPRINKLER SYSTEM. AFTER DISCUSSION ON THE BIDS, IT WAS DETERMINED
THAT THE CITY MANAGER WOULD MAKE INQUIRIES INTO THE BACKGROUND OF
THE VARIOUS BIDDERS AND PAST PERFORMANCE ON THEIR PREVIOUS WORK.
ITEM 4 APPROVAL OF RENEWAL AND REPLACEMENT BILLS
MAYOR MACLAY READ THE BILLS TO COUNCIL IN THE AMOUNTS
OF $189.00 AND.$99.00. BY MOTION OF MAYOR MACLAY, SECONDED BY
MRS. THURNI, AND UNANIMOUS VOTE, THE INVOICES WERE APPROVED FOR
PAYMENT FROM THE RENEWAL AND REPLACEMENT FUND.
MINUTES 12/4/73
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MICROFILMED 4 -24 -80
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ITEM S " R'E'S"OLUT'TON 7 3 - 5 9' RE :A,PPL'rCAT ON FOR
SEWER RANT
MAYOR M °ACLAY READ THE RESOLUTION ENTITLED AS FOLLOWS:
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF CAPE CANAVERAL TO MAKE APPLICATION FOR FEDERAL
ASSISTANCE UNDER PUBLIC LAW 92 -500 CONSTRUCTION GRANTS PROGRAM.
MR. SALVAGGIO MOVED TO ADOPT THE RESOLUTION. MRS. THURM
SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND THE RESOLUTION
BY.ADDING, AT THE END OF PARAGRAPH 1, THE FOLLOWING WORDS, "SECTION
33 U. S. CODE, SUBSECTION 1281 - 1292:' MAYOR MACLAY SECONDED THE
MOTION TO AMEND.. AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE
RESOLUTION AS AMENDED WAS UNANIMOUS. RESOLUTION WAS ADOPTED.
DUE TO THE LATE ARRIVAL OF THE ARCHITECT REGARDING
m
ITEM b, COUNCIL DECIDED TO MOVE TO ITEM 7 AT THIS TIME.
ITEM 7 RUBBISHMAN BOND
.IT WAS DETERMINED THAT MR.,, LAVIN OF,. RUBBISHMAN INC.;
HAD NOT YtV ARRIVED THEREFORE MR. RUTKOWSKI MOVED TO DEFER
ITEM 7 UNTIL LATER. MR. SALVAGGIO SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
THE CITY ATTORNEY REPORTED ON THE STATUS OF THE CITY
COURT CASES AND OFFERED AN OPINION THAT HE FELT THE CITY SHOULD
APPEAL ON THE ORDER ISSUED BY THE CIRCUIT COURT IN THE CASE OF
FIRST INTERSTATE VS LEO NICHOLAS ':A�;,
MR. RUTKOWSKI MOVED TO ADD AN ITEM TO THE AGENDA.
MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
MR. RUTKOWSKI MOVED THAT THE ADD ON ITEM BE TITLED,
"CONSIDERATION OF TAKING AN APPEAL OF JUDGE AKRIDGE'S DECISION
OF NOVEMBER 14, 1973 IN THE CASE OF FIRST INTERSTATE VS
LEO NICHOLAS, ET AL." '11AYOR MACLAY SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 8.- MR. RUTKOWSKI MOVED THAT THE CITY APPEAL TO
THE FOURTH DISTRICT COURT'OF APPEALS ON JUDGE AKRIDGE'S ORDER
OF NOVEMR -ER, 14, 1973 IN THE CASE OF FIRST INTERSTATE VS LEO
NICHOLAS.'ET AL. MAYOR MACLAY SECONDED THE MOTION. MOTION TO
APPEAL CARRIED UNANIMOUSLY.
MINUTES 12/4/73
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MICROFILMED 4 -24 -80
MRS. TiURM STATED THAT .iT.' BEEN BROUGHT TO HER
ATTENTION AN ATTORNEY WITH EXPERIENCE IN THIS TYPE OF CASE HAD
VOLUNTEERED HIS SERVICES TO THE CITY TO ASSIST OUR CITY ATTORNEY
IN THE CASES OF FIRST INTERSTATE VS NICHOLAS AND THE REFERENDUM
SUIT. SHE FURTHER STATED THAT HE HAD OFFERED TO DO THIS FOR
OUT -OF- POCKET EXPENSES WITH NO FEE INVOLVED. MRS. THURM STATED
THAT SHE HAD CHECKED THE VARIOUS PEOPLE "IN THE AREA WITH WHOM
THIS ATTORNEY HAD WORKED AND FOUND THAT HE HAD A VERY GOOD RECORD
AND WAS APPARENTLY VERY KNOWLEDGEABLE IN THIS TYPE OF ACTION.
CITY ATTORNEY AGREED TO TALK WITH HIM AND REPORT BACK TO COUNCIL
AT THE NEXT WORKSHOP.
ITEM 7 RUBBISHMAN BOND
MR. BERNIE LAVIN SPOKE TO COUNCIL ABOUT HIS PERFORMANCE
BOND. HE STATED THAT HE HAD APPLIED FOR THE BOND THROUGH NATIONAL
SOLID WASTE DEALER'S ASSOCIATION, IN WASHINGTON. HE ASKED THAT
s
COUNCIL APPROVE THE BAND TO COVER THE SECOND ..AND THIRD YEARS OF
THE CONTRA CT AS THE FIRST YEAR WAS ALMOST FINISHED. AFTER SOME
DISCUSSION, IT WAS DETERMINED THAT NO ACTION WOULD BE TAKEN UNTIL.
MR. LAVIN HAD RECEIVED A REPLY FROM THE BONDING COMPANY.
ITEM 6 MOTION TO APPROVE PRELIMINARY PLANS FOR NEW
POLICE BUILDING
CHIEF WINNETT. AND MR. TED EDSON, THE ARCHITECT, EXPLAINED IN
DETAIL THE PRELIMINARY PLANS FOR THE NEW POLICE BUILDING TO BE
LOCATED ON POLK AVENUE IN THE NORTH EAST CORNER OF THE CITY HALL
BLOCK. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND
UNANIMOUS AGREEMENT OF COUNCIL THE PRELIMINARY PLANS WERE APPROVED.
BY MOTION OF MR. SALVAGGIO AND UNANIMOUS AGREEMENT THE
MEETING WAS ADJOURNED AT 9:20 P. M.
APPROVED THIS 18TH DAY OF DECEMBER 1973.
MINUTES 12/4/73
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