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
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AND ATTACHMENT
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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.
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CITY CLERV MINUTES OF 3/25/75
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AND ATTACHMENT
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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