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HomeMy WebLinkAbout03-25-1975 Regular MeetingMICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL MARCH 25, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 25, 1975 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA 1 AT 7:32 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, CITY MANAGER ALBERT J.,FRANCIS,ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J. OSTROM. THE MINUTES OF THE MARCH 18, 1975 MEETING WERE APPROVED WITH CORRECTIONS. v NEW BUSINESS ITEM 1. ORDINANCE 5.75 AMENDING 12 -71 AS AMENDED 19-7 SPECIAL EXCEPTIONS- 2ND READING THE MAYOR AND THE ASSISTANT CITY ATTORNEY READ THE ENTIRE ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE 12r-71 AS AMENDED, BY AMENDING PRINCIPAL USES IN C -1 DISTRICT, T -1 DISTRICT, AND M -1 DISTRICT BY DELETING DRINKING ESTABLISHMENTS AS A PRINCIPAL USE AND BY PROVIDING FOR A SPECIAL EX- CEPTION 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 PROVI- SIONS REGARDING LOCATION OF BUSYNESS LICENSED BY THE FLORIDA BEVERAGE DEPARTMENT CONTROL; BY PROVIDING STANDARDS FOR SPECIAL EXCEPTION BY BOARD OF ADJUSTMENT FOR ESTABLISHMENTS SERVING ALCOHOLIC. BEVERAGES; RE- PEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. RHAME MOVED TO ADOPT. MR. NICHOLAS SECONDED THE MOTION. MR. BALOUGH, OF THE PLANNING AND ZONING BOARD, EXPLAINED THE ZONING BOARDS' THOUGHTS ON THE VARIOUS-POINTS OF THE ORDINANCE AND COUNCIL SUGGESTED SEVERAL CHANGES TO THE TEXT. AFTER LENGTHY DISCUSSION, MR. RHAME MOVED TO POSTPONE FURTHER CONSIDERATION UNTIL LATER IN THE.EVENING TO ALLOW TIME FOR THE ATTORNEY TO PREPARE A REVISED FORM OF THE ORDINANCE. MAYOR MICROFILIVIE® 4 -24 -80 - MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. .ITEM 2- SLUDGE ON THE BEACH MR. JERRY FEILTEAU READ HIS REPORT TO COUNCIL REGARDING CONVERSATIONS WITH THE BOARD OF HEALTH ABOUT PUTTING SLUDGE ON THE BEACH AREAS. COPY OF HIS REPORT TS ATTACHED i TO THESE MINUTES. IT WAS DETERMINED THAT IT MIGHT BE POSSIBLE TO USE SLUDGE IF THE AREAS WERE CLOSED OFF TO THE PUBLIC FOR APPROXIMATELY 90 DAYS. THE MAYOR AGREED TO WRITE A LETTER TO THE BOARD OF HEALTH FOR FURTHER INFORMATION ON THIS SUBJECT. NEW BUSINESS MR. FRANCIS REQUESTED THAT ITEM 5 BE TAKEN UP AT THIS TIME.. ITEM 5. CAPE SHORES ST FOR USE PERMIT RE: DEDICATED PROPERTY MR. FRANCIS READ LETTERS FROM CAPE SHORES CONDOMINIUM REQUESTING THAT THE CITY ALLOW THEM THE USE OF THE PROPERTY, DEDICATED TO THE CITY FOR BANANA RIVER DRIVE EXTENSIONfFOR LANDSCAPING PURPOSES. DISCUSSION FOLLOWED ON THE POSSIBILITY & THE CITY BEAUTIFICATION BOARD AND THE CAPE SHORES ASSOCIATION WORKING TOGETHER ON A CITY NURSERY PROJECT `ON THIS PROPERTY. MR. SCOTT BROUGHT OUT POSSIBLE PROBLEMS WITH THE CITY'S FUTURE RIGHTS TO THE PROPERTY AND ASKED THAT A SKETCH FIRST BE APPROVED BY THE CITY ENGINEERS. MR. RHAME SUGGESTED THAT THE CITY BEAUTIFICATION BOARD AND THE CAPE SHORES ASSOCIATION BEAUTIFICATION COMMITTEE `MEET TO DISCUSS A COOPERATIVE PROJECT. IT WAS DECIDED TO AGENDA THIS ITEM FOR THE NEXT MEETING OF COUNCIL. A RECESS WAS CALLED AT 9:45 P. M. THE MEETING RECONVENED AT 10:02 P. M. ITEM 1. ORDINANCE 7 -75 LAW ENFORCEMENT PROCEDURE ORDINANCE '"ST READING MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE ESTABLISHING A PLAN FOR LAW ENFORCEMENT FOR THE.CITY OF CAPE CANAVERAL, FLORIDA, BY PROVIDING FOR A POLICE DEPARTMENT; BY PROVIDING FOR A CHIEF.OF POLICE; BY PROVIDING FOR THE APPOINTMENT AND REMOVAL OF A CHIEF OF POLICE; BY ESTABLISHING THE DUTIES, HOURS OF EMPLOYMENT AND COMPENSATION OF THE CHIEF OF POLICE; BY ESTABLISHING THE DUTIES OF EMPLOYEES AND OFFICERS OF THE POLICE DEPARTMENT; BY REPEALING ALL ORDINANCES MINUTES OF 3/25/75 PAGE 2 OF 4 PAGES AND ATTACHMENT r MICROFILMED 4 -24 -80 OR PARTS THEREOF IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE." MR.`NICHOLAS MOVED-TO APPROVE FIRST READING, MR. RHAME SECONDED THE MOTION._ COUNCIL REQUESTED THAT THE ATTORNEY INCORPORATE INTO THE ORDINANCE THE CITY MANAGER'S PLAN FOR ACQUIRING A CHIEF OF POLICE PRIOR TO SECOND READING. BY UNANIMOUS VOTE OF THE COUNCIL, FIRST READING OF THE ORDINANCE WAS APPROVED.* ITEM 2. APPEAL TO BOARD OF ADJUSTMENT RE: OCEAN PLACE AND STATUS REPORT FROM ATTORNEY MR. SCOTT REPORTED THAT A NEW HEARING DATE HAD BEEN SET BY THE BOARD OF ADJUSTMENT FOR. MARCH 31 AND THAT IN ORDER FOR THE MAYOR TO GO FORWARD WITH THIS APPEAL THE CITY SHOULD ENTER INTO THE APPEAL. *MR. RHAME MOVED THAT THE CITY ENTER INTO THE APPEAL REGARDING-OCEAN PLACE TO THE BOARD OF ADJUSTMENT. MR. NICHOLAS SECONDED' THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. DISCUSSION REGARDING UP DATING CITY CODE AND PURCHASE PRICE THE MAYOR THANKED MR. RHAME FOR HIS WORK ON THE COMPLETION OF.THE CITY CODE. BY MOTION.OF MAYOR MACLAYp SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, THE CITY ATTORNEY WAS AUTHORIZED TO BEGIN BRINGING THE CODE UP TO DATE. IT WAS DETERMINED THAT THE CODE BOOK WOULD SELL FOR $25.00 AND FUTURE SUPPLEMENTS CHARGED ON A COST BASIS ITEM 4. RESOLUTION 75 -7 APPOINTMENT OF'TINA SCHACK AS DEPUTY COURT C RK MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A DEPUTY CLERK OF THE MUNICIPAL COURT; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE, TINA SCHACK WAS APPOINTED AS DEPUTY COURT CLERK. ITEM 6. PERMISSION TO DISPOSE OF CITY OWNED EQUIPMENT MR. FRANCIS TOLD COUNCIL THERE WERE FOUR ITEMS OF CITY EQUIPMENT NO LONGER USEABLE AND TOO COSTLY TO REPAIR: 1. RIDING LAWN MOWER 2. LAWN MOWER MINUTES OF 3/25/75 PAGE 3 OF 4 PAGES AND ATTACHMENT MICROFILMED 4 -24.80 3. MERRY GO ROUND 4. CAMERA BY MOTION OF MAYOR MACLAY, SECONDED BY MR. NICHOLAS, AND UNANIMOUS VOTE, THE CITY MANAGER WAS AUTHORIZED TO DISPOSE OF THIS EQUIPMENT IN A WAY MOST ADVANTAGEOUS TO THE CITY. UNFINISHED BUSINESS ITEM 1. ORDINANCE 5 -75 AMENDING 112 -71 RE: 'SPECIAL EXCEPTIONS THE CITY ATTORNEY AND MRS BALOUGH•WENT THROUGH THE-SUGGESTED CHANGES TO ORDINANCE 5 -75'. MR. RHAME MOVED FOR ADOPTION OF THE AMENDMENTS. MAYOR MACLAY SECONDED THE MOTION. AFTER FURTHER DISCUSSION, MAYOR MACLAY MOVED TO POSTPONE THIS ITEM TO THE NEXT AGENDA IN ORDER THAT THE PLANNING AND ZONING BOARD COULD REVIEW THE CHANGES MADE. MR. NICHOLAS SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, OPPOSED, MR. RHAME. MOTION CARRIED. ITEM POSTPONED. NEW BUSINESS ITEM 7. RESOLUTION 75 -8 APPOINTMENT OF BEAUTIFICATION BOARD MEMBER MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE CITY BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE BY MOTION OF MAYOR MACLAY, SECONDED BY MR. NICHOLAS, AND UNANIMOUS VOTE OF THE COUNCIL® RUBY - ANDERSEN WAS APPOINTED TO THE BEAUTIFICATION BOARD. ITEM 8. AUTHORIZATION RE: TRAVEL - CITY MANAGER BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME, AND UNANIMOUS VOTE,THE CITY MANAGER WAS AUTHORIZED TO ATTEN THE ANNUAL MEETING OF THE FLORIDA CITY MANAGERS' ASSOCIATION IN LAKELAND, FLORIDA. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME, THE MEETING WAS ADJOURNED AT 12:00 MIDNIGHT. APPROVED THIS ]gym DAY OF APRIL, 1975. R CITY CLERV MINUTES OF 3/25/75 PAGE 4 OF 4 PAGES AND ATTACHMENT r REPORT OF USING SLUDGE ON THE BEACH MICROFILMED 4.24 -80 19 MARCH 1975 Mr. Everett Kinloch of the Rockledge Health Department was contacted and asked if sludge could be spread on the beach for restoration of replenishing the vegetation. His answer was No. He stated that the restoration of the beach was now Mach area and that sludge could not be spread on it. people would come to the beach, spread their blankets and absorb the sun's rays., They then could pick up some tkoe of disease and the City would have a law suit on their hands. If trees or shrubbery are - likely to be planted, a hole will be dug and sludge can be mixed and put into this hole. Mr. James Stevenson was also asked all of the above questions and his answers were the same as Mr. Kinloch's. One proposal by Mr. ' Stevenson was that the City and Beautification Board write a letter to the Health Department-with everything in particular of .what their intentions are for the beaches. The Health Department then can give a much better answer to the proposal. Respectfully submitted, Hubert G. Feilteau, CAOA ATTACHMENT TO MINUTES OF 3/25/75