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HomeMy WebLinkAbout03-18-1975 Regular MeetingMICROFILMED 4.249180 REGULAR MEETING CITY COUNCIL MARCH 18, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 18, 1975 AT CITY HALL, 185 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 FRANKLYN P. MACLAY, COUNCILMEN L. C. NICHOLAS, E. H. RHAME, G. J. SALVAGGIO, MRS. ANN•THURM; CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J. OSTROM. MINUTES OF MARCH 11TH MEETING WERE APPROVED AS CORRECTED. UNFINISHED BUSINESS ITEM 1. 'RE:' ' PROPOSED LAW THE CITY ATTORNEY STATED THAT THIS ORDINANCE WAS NOT IN FINAL FORM. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, . AND UNANIMOUS VOTED THE ITEM WAS POSTPONED UNTIL THE NEXT MEETING.. ITEM 2.' ATTORNEY'S' RESEARCH RE: ALTERNATE BOARD OF ADJUSTMENT. MEMBERS IT WAS THE CITY ATTORNEY'S OPINION, AFTER REVIEW OF ALL APPLICABLE ORDINANCES, THAT THERE WERE NO PROVISIONS AT THIS TIME FOR ALTERNATE MEMBERS ON THE BOARD OF ADJUSTMENT AND THAT UNTIL.._:. SUCH TIME AS NEW REGULATIONS WERE ADOPTED, THE PRESENT ALTERNATE BOARD MEMBERS SHOU6 NOT BE ACTIVE. SOME DISCUSSION FOLLOWED REGARDING ADOPTION OF ALL OR PART OF CHAPTER 163 FLORIDA STATUTE. THE ZONING BOARD WAS ASKED TO REVIEW CHAPTER 163 AND THE PRESENT ZONING ORDINANCE AND CONSIDER INCLUDING IN THE NEW ZONING ORDINANCE PROVISIONS FOR ALTERNATE MEMBERS ON THE BOARDS. THE CITY CLERK WAS ASKED TO NOTIFY THE CHAIRMAN OF THE BOARD OF ADJUSTMENT OF THE ATTORNEY'S OPINION. NEW BUSINESS ITEM 1. DISCUSSION RE: $EACH PATROL MR. FRANCIS STATED THAT THE COUNTY PLANS TO HAVE A JEEP OjA4@pQW.jjVjS4S&6DAPBUT THAT HE HAD NO FURTHER INFORMATION AT THIS TIME REGARDING THEIR PLANS. NO ACTION TAKEN ON THIS ITEM. ITEM 2. ORDINANCE 6 -75 AMENDING ORD.' 31­74 RE: CONDOMINIUM 'SEWER RATES ' &' 'B'I'LLING 11-SY READING) MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 31-74 REGARDING SEWER RATES FOR CONDOMINIUMS, BY PROVIDING THAT SAID RATES SHALL NOT BE RETROACTIVE; BY PROVIDING THAT CONDOMINIUM SEWER RATES SHALL BECOME EFFECTIVE UPON ISSUANCE OF A CERTIFICATE OF OCCUPANCY, RATHER THAN BY ISSUANCE OF A SEWER PERMIT; REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED FOR ADOPTION. MR. NICHOLAS SECONDED THE MOTION. MR. SCOTT VOICED OBJECTIONS TO THE-PROVI9ION FOR STARTING SEWER BILLING WITH THE ISSUANCE OF CERTIFICATES. OF OCCUPANCY AS THE LAW PROVIDES FOR CHARGES ON THE BASIS OF AVAILA- BILITY AND HE FELT THIS PROVISION WAS IN CONFLICT WITH THE BOND RESOLUTION. MRS. THURM MOVED TO POSTPONE THIS ITEM. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. .NICHOLAS, MR. REM, MRS. THURM, OPPOSED, MR., SALVAGGIO. AFTER FURTHER DISCUSSION REGARDING THE EFFECT OF BILLING ON CERTIFICATES OF OCCUPANCY, MR. RHAME MOVED TO RECONSIDER THE MOTION TO POSTPONE. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO AMEND THE MOTION TO ADOPT BY STRIKING THE FOLLOWING WORDS IN THE TITLE® "BY PROVIDING THAT CONDOMINIUM SEWER .RATES SHALL BECOME EFFECTIVE UPON ISSUANCE OF A CERTIFICATE OF OCCUPANCY, RATHER THAN BY ISSUANCE OF A SEWER PERMIT ", AND STRIKING IN SECTION 1. THE FOLLOWING WORDS, "CONDOMINIUM SEWER. RATES AS SET FORTH IN ORDINANCE NO. 31-74 SHALL BE BILLED TO THE CUSTOMER UPON ISSUANCE OF A CERTIFICATE OF OCCUPANCY, AND NOT UPON THE ISSUANCE OF A SEWER PERMIT." MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUSLY IN FAVOR. FIRST READING OF THE ORDINANCE AS AMENDED WAS APPROVED. MRS. THURM MOVED THAT THE CITY TREASURER'INSTRUCT THE BILLING DEPARTMENT TO SEND NOTICES WITH RETURN RECEIPT REQUESTED ON DELINQUENT CURRENT AND PAST BILLS GIVING 10 DAYS FOR THE BILLS TO BE PAID OR WATER AND SEWER SERVICE WOULD BE CUT OFF, OR OTHER APPLICABLE REMEDIES USED AS PROVIDED BY LAW. MR. SALVAGGIO MINUTES OF 3/18/75 PAGE 2 OF 5 SECONDED THE MOTION. 'MOTION CARRIED BY UNANIMOUS VOTE. ITEM 3.BIKEPATHS MICROFILMED 4.24 -80 M. NANNY 1000M SPOKE TO COUNCIL RIW"ING THE NEED FOR EXTENDING THE CITY BIMWAY TO THE NORTH QTY LIMITS WHICH WOULD TIE IN WITH THE PROPOSED • M �� I ' 0 Fd '(6)' • s- "At IDI' STATED THAT IT WAS HER UNDERSTANDING THAT THERE WAS ADEQUATE ROOM FOR THE CITY'S EXr=SION AND THAT rM CME COST TO THE CITY WOULD BE $675.00. I MR. FRANCIS STATED THAT ON THE EAST SIDE OF THE HIGHWAY, NORTH FROM THE EXISTING BIKEPATHS TO THE CITY LIMITS, APPARENTLY THERE WASA12 -FEET AVAILABLE, HOWEVER,:THIS HAD NOT BEEN SURVEYED. THE COST TO THE CITY TO EXTEND THE BIKEPATH WOULD BE $675.00. IT WAS BROUGHT OUT THAT THE PORT AUTHORITY WAS TO COMPLETE THE BIKEPATH FROM THE NORTH CITY LIMITS TO JETTY PARK. MR. RHAME MOVED THAT THE CITY AGREES TO SPEND $675.00 TO EXTEND THE BIKEPATH TO THE NORTH CITY LIMITS CONTINGENT" UPON A SURVEY ON THE EAST SIDE OF THE ROAD WITH NO COST TO THE CITY AND CONTINGENT. UPON THE PORT AUTHORITY COMPLETING THEIR PORTION. MR. NICHOLAS SECONDED THE MOTION. 'MOTION CARRIED UNANIMOUSLY. ITEM 4. AUTHORIZATION RE: JUDGE'S TRAVEL TO ANNUAL FLORIDA TRAFFIC COURT CONE CE BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. NICHOLAS, AND UNANIMOUS VOTE, THIS ITEM WAS-APPROVED. ITEM 5. RENEWAL & REPLACEMENT REQUISITION MAYOR MACLAY READ THE REQUISITION TO HUGHES SUPPLY IN THE AMOUNT OF $180.63. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, THIS ITEM WAS APPROVED FOR PAYMENT. THE MEETING WAS RECESSED AT 9:15 P.M. AND RECONVENED AT 9:27 P. M. ITEM 6. ORDINANCE 5 -75 AMENDING 12 -71 AS AMENDED --. RE: SPECIAL EXCEPTIONS ( ST READING MAYOR MACLAY RtAD THE TITLE OF THE ORDINANCE AS FOLLOWS: ORDINANCE 5 -75 AMENDING ORDINANCE 12 -71 AS AMENDED, BY AMENDING PRINCIPAL USES IN C -1 DISTRICT, T -1 DISTRICT, AND M -I DISTRICT BY DELETING DRINKING ESTABLISHMENTS AS A PRINCIPAL USE AND BY PROVIDING,FOR A SPECIAL EXCEPTION FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES; BY DELETING DRINKING ESTABLISHMENTS AS AN ACCESSORY USE IN THE R -3 DISTRICT; BY PROVIDING THAT ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES WHEN OPERATED WITHIN A SINGLE COMPLEX OF 35 OR MORE UNITS MAY APPLY FOR A SPECIAL EXCEPTION IN THE R -3 DISTRICT; BY DELETING SUPPLEMENTARY DISTRICT REGULATION PROVISIONS REGARDING LOCATION OF BUSINESS LICENSED BY THE FLORIDA BEVERAGE DEPARTMENT CONTROL; BY PROVIDING STANDARDS FOR SPECIAL EXCEPTION BY BOARD OF ADJUSTMENT FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MINUTES OF 3/18/75 PAGE 3 OF 5 MICROFILMED 4.24.80 THE MOTION. MR. BALOUGH, OF THE PLANNING AND ZONING BOARD, EXPLAINED WHAT THE AMENDMENT WOULD-MEAN REGARDING FUTURE SALE OF BEER AND WINE WITH FOOD IN THE CITY. COUNCIL QUESTIONED SOME REQUIREMENTS OF THE AMENDMENT BUT NO CHANGES WERE MADE AT THIS TIME. BY UNANIMOUS VOTE OF COUNCIL, FIRST READING WAS APPROVED. MR. RHAME MOVED THAT THE CITY CLERK SEND COURTESY NOTICES TO THE BUSINESSES IN THE CITY WHICH MIGHT BE AFFECTED BY PASSAGE OF THIS ORDINANCE. MR. NICHOLAS SECONDED THIS MOTION. MOTION CARRIED UNANIMOUSLY, ITEM °7., FRIENDS.OF THE LIBRARY - JANE SCOGNA MRS. SCOGNA ASKED:THAT THIS ITEM BE REMOVED FROM THE AGENDA. NO ACTION TAKEN. ITEM 8.;. REPORT RE: SLUDGE ON BEACH MR. FEILTEAU *AS NOT IN ATTENDANCE AT THE MEETING TO `S GIVE A REPORT FROM THE HEALTH DEPARTMENT. MAYOR.MACLAY ASKED THAT THIS ITEM BE ON THE NEXT AGENDA. ITEM 9. PLANNING & ZONING MINUTES THERE WERE NO APPROVED MINUTES TO BE REVIEWED AT THIS :TIME. MAYOR MACLAY READ A LETTER FROM.MRS. JANE SCOGNA REGARDING A COMMENT THAT WAS IN THE NEWSLETTER. MRS. SCOGNA WAS ASKING THAT THE CITY GIVE AN APOLOGY FOR REFERENCE IN THE NEWS- LETTER TO HER BEING REMOVED FROM A CITY BOARD. MAYOR MACLAY MOVED TO ADD AN ITEM TO THE AGENDA FOR A CITY APOLOGY AND CORRECTIVE ACTION IN THE NEXT NEWSLETTER. THIS MOTION FAILED FOR LACK OF A SECOND. rt-- MR. RHAME MOVED TO ADD AN ITEM TO PROVIDE EXPLANATORY WORDS IN THE NEXT NEWSLETTER RELATIVE TO THE TERMINATION OF MRS. SCOGNA AND MR. AND MRS. THOMSON AND OF ANY OTHER BOARD MEMBERS DUE TO LACK OF ATTENDANCE. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED. UNANIMOUSLY. MR. RHAME MOVED THAT THE NEXT NEWSLETTER CARRY AN EXPLANATORY NOTE REGARDING TERMINATION OF BOARD MEMBERS RELATIVE TO ATTENDANCE AND CITE IN A FRIENDLY WAY,THE REASONS BEHIND THE DISMISSAL OF MRS. SCOGNA AND THE THOMSONS. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED.UNANIMOUSLY. MR. RHAME SUGGESTED THAT ALL BOARDS SHOULD REVIEW THEIR MINUTES OF 3/18/75 PAGE 4 OF 5 MICROFILMED 4 -24 -80 BYLAWS, WHICH SHOULD BE ADOPTED BY COUNCIL. MR. FRANCIS REPORTED THAT ACCORDING TO DIRECTION OF COUNCIL, THE SEWER AT THE TRAILER ON COLUMBIA DRIVE HAD BEEN ' PLUGGED DUE TO UNPAID HOOK -UP FEE. MR. SCOTT REPORTED THAT THE COURT HAD DISMISSED THE CASE OF FRANKLYN P. MACLAY VS. CITY. HE FURTHER STATED THAT COUNCIL SHOULD -MAKE A DECISION AS TO THE EXTENT OF A.COUNCIL MEMBER'S USE OF CITY EMPLOYEEStTIME. BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, THE MEETING WAS ADJOURNED-AT 11:55 P. M. APPROVED THIS 25TH DAY OF MARCH, 1975. CITY CLERK I MINUTES OF3/18/75 PAGE 5 OF 5