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Home My WebLink About08-26-1975 Regular MeetingREGULAR MEETING MICROFILMED 4 -24 -80 CITY COUNCIL AUGUST 26, 1975- A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON AUGUST 26, 1975 AT CITY HALL 105 POLK AVEitE,- : CAPE' 'E CANAVERAL, FLORIDA AT 7:34 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,.AND MRS. ANN THURM. CITY MANAGER ALBERT J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS CHIEF TWEED. THE MINUTES OF THE REGULAR MEETING OF AUGUST 19 WERE APPROVED AS SUBMITTED. .UNFINISHED BUSINESS ITEM 1. ORDINANCE 10 -75 ESTABLISHING COMPREHENSIVE ZONING 2ND.READING CONTINUED ASR.. RHAME MOVED TO POSTPONE THIS ITEM AND CONTINUE -THIS MEETING UNTIL 8:00 P.M., THURSDAY, AUGUST 28. MR. SALVAGGIO SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. PRESENTATION OF GROUP INSURANCE PROPOSALS BY MR. STAN BRING MR. FRANCIS TOLD COUNCIL. THAT HOME LIFE, OUR PRESENT CARRIER, WAS PRESENTING A NEW PROPOSAL AND BY MUTUAL AGREEMENT BETWEEN HOME LIFE AND MR. BRING AN EXTENSION OF TIME WAS REQUESTED TO FURTHER REVIEW THE PLANS. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THIS ITEM WAS POSTPONED FOR TWO WEEKS. MR. RHAME.ASKED THAT THE CITY MANAGER FURNISH TO THE COUNCIL MEMBERS, IN THE NEXT DAY OR TWO, COPIES OF THE SPECS AND PROPOSALS FOR THEIR REVIEW. NEW BUSINESS ITEM 1. DISCUSSION RE: DRAINAGE PROBLEM ON FILLMORE AVENUE MR. GRUMBLATT, A RESIDENT OF FILLMORE AVENUE, WAS IN ATTENDANCE AND DISCUSSED THE DRAINAGE PROBLEM, COUNCIL ASSURED MR. GRUMBLATT THAT THEY WERE WORKING ON THE PROBLEM IN AN ATTEMPT MIGROFI.LMED= 4 -24 -80 TO FIND. THE CAUSE AND REMEDY, MR. RHAME AND MR. FRANCIS ARE TO MEET WITH THE CITY ENGINEER AT 11:00 A.M. ON WEDNESDAY, AUGUST 27 AND THIS PROBLEM WILL BE DISCUSSED. ITEM 2. ORDINANCE 21 -75 RE: OFF -SITE SIGNS (1ST READING MAYOR MACLAY READ THE ORDINANCE ENTITLED: AN ORDINANCE AMENDING CITY OF CAPE CANAVERAL SIGN ORDINANCE, WHICH ORDINANCE WAS ADOPTED ON MARCH 30, 1965, BY PROHIBITING OFF-- PREMISE SIGNS WITHIN THE CITY OF CAPE CANAVERAL; BY DEFINING "OFF - PREMISE SIGNS "; BY REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT THEREWITH; BY PROVIDING AN EFFECTIVE DATE.. MAYOR MACLAY MOVED FOR APPROVAL OF FIRST READING. MR. RHAME SECONDED THE MOTION. DISCUSSION FOLLOWED REGARDING THE NEED FOR AN AMENDMENT AT THIS TIME IN VIEW OF A PROPOSED NEW SIGN ORDINANCE. MR. SCOTT BROUGHT TO COUNCIL'S ATTENTION A SIMILAR ORDINANCE IN SARASOTA THAT HAD BEEN DECLARED UNCON- STITUTIONAL. THIS ORDINANCE WAS RULED DISCRIMINATORY AND ARBITRARY IN THAT IT MADE DIFFERENT REGULATIONS AS TO SIZE OF SIGNS. MR. VANWAGNER TOLD THE COUNCIL THAT HE FELT ANY SIGN ORDINANCE SHOULD BE PREPARED BY THE PLANNING AND ZONING BOARD, NOT THE COUNCIL. VOTE ON THE MOTION WAS AS.FOLLOWS: IN FAVOR, MAYOR. MACLAY, MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO, OPPOSED MRS. THURM: MOTION CARRIED. ITEM 3. SEWER AND GENERAL FUND BUDGET SEWER BUDGET MR. FRANCIS WENT OVER THE DEPARTMENT HEAD REQUESTS AND HIS OWN RECOMMENDATIONS FOR THE SEWER BUDGET. MR. FEILTEAU DISCUSSED WITH COUNCIL THE REASONS FOR HIS REQUESTS. COUNCIL REQUESTED SOME NEW FIGURES BE FURNISHED THEM REGARDING SEWER CHARGES AT THE PORT IN COMPARISON TO CITY FEES AND A REVIEW OF THE MAINTENANCE FEES THE CITY COLLECTED FROM THE PORT. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. RHAME AND UNANIMOUS VOTE, THE SEWER BUDGET WAS POSTPONED FOR TWO WEEKS. GENERAL FUND BUDGET COUNCIL BEGAN.WORK ON AN ALTERNATE BUDGET TO BE USED IF THE REFERENDUM FOR ONE MILL DOES NOT PASS. BEGINNING WITH EXPENSE LINE.ITEMS, MR. NICHOLAS MOVED THAT THE LEGISLATIVE SALARIES BY CUT IN HALF FROM $6,400 TO $3,200 AND TO CUT $400.00 FROM ACCOUNT 514, ELECTIONS. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO CUT ITEM 734 BY $2,000 AND ADD $1,000 TO ITEM 728. MR. NICHOLAS COUNCIL MINUTES i 8--26 -75 PAGE 2 OF 4 4. �ICR4FILMED 4 -24 -80 SECONDED MOTION. VOTE WAS AS FOLLOWS IN FAVOR, MR. NICHOLAS, MR. RHAME, MR. SA`LVAGGIO, OPPOSED',� MAYOR MACLAY, MRS. THURM. MOTION CARRIED. MRS.: THURM MOVED TO CUT $2,500 FROM ACCOUNT 940 FOR THE COUNTY PLANNER. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. RHAME MOVED TO CUT $700.00 FROM ACCOUNT 936.1 FOR PLANNING AND ZONING SECRETARY. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. RHAME., MR. SALVAGGIO, MRS. THURM, OPPOSED MAYOR MACLAY, MR. NICHOLAS... MR. NICHOLAS MOVED TO CUT FROM THE POLICE DEPARTMENT TWO DETECTIVES, ONE DETECTIVE CLERIC AND ONE VEHICLE. MAYOR MACLAY SECONDED THE MOTION. DISCUSSION FOLLOWED REGARDING THE DOLLAR AMOUNT THAT THIS WOULD CUT FROM THE BUDGET. MR. RHAME MOVED THAT COUNCIL CONTINUE THIS WORK PERIOD LEADING TO A PROPOSED ALTER- NATE BUDGET FOR ADOPTION IF THE REFERENDUM FAILS AND THIS BUDGET TO ,BE'.;COMPLETED BY. SEPTEMBER 9. MR. NICHOLAS SECONDED MOTION VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME, MR. SALVAGGIO, OPPOSED, MR. NICHOLAS AND MRS. THURM. MOTION CARRIED, MAYOR MACLAY MOVED TO POSTPONE FURTHER WORK ON THIS ITEM UNTIL TUESDAY, SEPTEMBER 2. MR. SALVAGGIO SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. NICHOLAS, MR. SALVAGGIO, AND MRS. THURM, OPPOSED, MR. RHAME. ITEM 4. AUTHORIZATION FOR PAPER BALLOTS FOR SEPTEMBER 23 ELECTION BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, USE OF PAPER BALLOTS WAS APPROVED. ITEM 5. ORDINANCE' 22 -75 RE: REZONING 'C- -1 AND R -3 TO TR -1 (PERMISSION TO ADVERTISE) MAYOR MACLAY REVIEWED THE APPLICATION FOR REZONING. BY MOTION OF MR. NICHOLAS, SECONDED BY MR. SALVAGGIO AND UNANI- MOUS VOTE, AUTHORIZATION WAS GIVEN TO ADVERTISE THE ORDINANCE. ITEM 6. MOTION FOR PUBLIC HEARING-ON-INCREASED MILLAGE BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE, PUBLIC HEARING WAS SET FOR AUGUST 29 ON THE PROPOSED TAX MILLAGE INCREASE. ITEM 7. ORDINANCE 19 -75 REZONING C-=1 AND M-4 TO M-- AMENDING ZONING ORD. - 2 T AND MAP 1ST READING MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING ORDINANCE 12 -71 WHICH AMENDS SECTION IV.I THEREOF AS TO THE ZONING DISTRICT COUNCIL MINUTES 8 -26 -75 MICROFILMED 4.24.80 CLASSIFICATION CHANGING FROM C -1 AND M -2 CLASSIFICATION TO M -1 CLASSIFICATION A PARCEL OF LAND ABUTTING THE EAST SIDE OF HIGHWAY AlA; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING.. MAYOR MACLAY SECONDED THE MOTION. MR. RICK STOTTLER, OF BREVARD ENGINEERING, OPPOSED THIS REZONING STATING THAT IT WAS NOT COMPATIBLE WITH THEIR BUILDINGS OR THEIR USES. MR. LORIN OXLEY, SPEAKING FOR THE FREEDOM CENTER, SAID HE FELT THAT THE VIETNAMESE SHOULD BE GIVEN AN OPPORTUNITY AND WOULD BE AN ASSET TO THE COMMUNITY. CONSIDERABLE DISCUSSION FOLLOWED ON THE LEGALITY OF THE PROPERTY DESCRIPTION AND THE PROCEDURES NECESSARY FOR FURTHER ACTION. MR. NICHOLAS MOVED TO POSTPONE ACTION ON THE MOTION UNTIL TUESDAY, SEPTEMBER 2. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION ITEMS: MR. FRANCIS ANNOUNCED THAT THE CAPE CANAVERAL BOY - 4 SCOUT TROOP HAD CONSTRUCTED CONTAINERS FOR COLLECTION OF CANS FROM THE BEACH FOR RECYCLING AND STATED THAT THESE BOYS SHOULD BE COMMENDED FOR THIS WORK. MR. BRYAN KELLY STATED THAT THE - CONTAINERS WOULD BE PLACED BETWEEN WINDJAMMER CONDOMINIUMS AND CENTRAL BOULEVARD. MR. FRANCIS ASKED THAT THOSE PLANNING TO ATTEND THE FLORIDA LEAGUE CONVENTION LET HIM KNOW AS.A DEPOSIT-.-WAS REQUIRED. MR. NICHOLAS STATED THAT HE WAS VERY DISTURBED ABOUT A RECENT NEWSPAPER ARTICLE WITH COMMENTS FROM THE POLICE CHIEF REGARDING THE BUDGET. MR. FRANCIS ANNOUNCED THE POLICE BUILDING DEDICATION FOR SEPTEMBER 6, PUBLIC INVITED. ` AT 11:05 P.M. BY MOTION OF MR. SALVAGGIO, SECONDED BY MR. NICHOLAS, THE MEETING WAS CONTINUED TO THURSDAY EVENING AUGUST 28, AT 8:00.P.M. APPROVED THIS 2ND ' DAY OFSEPTEMBER* , 1975. AMO . - ,� r i CITY cLE COUNCIL MINUTES 8 -26 -75 PAGE 4 OF 4