HomeMy WebLinkAbout01-13-1976 Regular MeetingMICROFILK.ED 4 248.0
REGULAR MEETING
CITY COUNCIL
JANUARY 13, 1976
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON JANUARY 13, 1976 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:37 P.M.
LLVAP �
THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P.
THE ROLL WAS.CALLED BY THE DEPUTY CITY CLERK.
OFFICIALS PRESENT WERE: MAYOR FRANKLYN P. MACLAY,.COUNCILMEN
L.C. NICHOLAS AND E.H. RHAME, MRS. ANN THURM WAS ABSENT.DUE
TO HER INSTALLATION AS DIRECTOR AT BREVARD LEAGUE AND HAD
REQUESTED AN EXCUSED ABSENCE AT LAST COUNCIL MEETING, CITY
MANAGER ALBERT J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD F.
SCOTT, DEPUTY CITY CLERK PATRICIA BEAULIEU, SGT. AT ARMS
JAMES CANNON.
MR. TEATE, FLORIDA WILDLIFE SANCTUARY,-INC-
MRS. BEVERLY HORNER, BEAUTIFICATION BOARD CHAIRMAN,
INTRODUCE]> GUEST SPEAKER MR. TEATS, DIRECTOR OF FLORIDA WILDLIFE
SANCTUARY, INC. MR. TEATE SPOKE TO COUNCIL REGARDING LOT
CLEARING AND STRESSED THE HAZARDS INVOLVED WHEN EXCESSIVE
LOT CLEARING TARES PLACE. MAYOR MACLAY MENTIONED THE RODENT
AND SNAKE PROBLEM ADJACENT TO CAPEVIEW SCHOOL. MR. TEATE
OFFERED TO INSPECT THE PROBLEM AREA TO SEE WHETHER OR NOT A
SOLUTION CAN BE FOUND.
THE MINUTES OF JANUARY 6 MEETING.WERE APPROVED AS
UNFINISHED BUSINESS
ITEM 1. RESOLUTION 76 -1 COMMERCIAL DEVELOPMENT BOARD
APPOINTMENTS POSTPONED FROM 1-6 MEETING
MR. RHAME REPORTED TO COUNCIL THAT THE CHAIMAN OF THE
BOARD HAD INDICATED THAT THE BOARD WOULD LIKE TO POSTPONE THIS
ITEM. MR. RHAME MOVED THIS ITEM BE POSTPONED INDEFINITELY.
MAYOR MACLAY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
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ITEM l.- REPORT: BUILDING PERMIT FEES
MR. FRANCIS EXPLAINED THAT MR. HURCK, BUILDING
OFFICIAL, HAD BEEN LOOKING INTO THIS SUBJECT AND THAT HE
WAS PLANNING TO TAKE THIS ITEM TO PLANNING AND ZONING BOARD
AND HE SUGGESTED FEES BE SET ACCORDING TO THE SOUTHERN
STANDARD BUILDING CODE. COUNCIL FELT THIS PARTICULAR
AREA WAS NOT PLANNING AND ZONING BOARD'S RESPONSIBILITY.
AND REQUESTED AN ORDINANCE BE READY ON THIS SUBJECT FOR THE
JANUARY 27 COUNCIL MEETING.
ITEM 2. REPORT FROM CITY MANAGER RE: GARBAGE
DUMPSTERS
MR. FRANCIS REVIEWED HIS REPORT.ON THIS SUBJECT
WITH COUNCIL. NO ACTION TAKEN.
ITEM 3. CONSIDERATION OF SIDEWALK RECOMMENDATIONS
OF PLANNING AND ZONING BOARD
COUNCIL REVIEWED SIDEWALK RECOMMENDATIONS OF THE
PLANNING AND ZONING BOARD'S MEETING OF JULY 21 1975. IT
WAS BROUGHT OUT THAT MR. ALLEN, MEMBER OF PLANNING AND
ZONING BOARD AT THAT TIME, HAD SUGGESTED THESE RECOMMENDA-
TIONS BE PASSED ON TO THE COUNCIL FOR THEIR REVIEW, INADVER-
TENTLY, THIS HAD NOT BEEN DONE. COUNCIL FELT THAT SINCE
THE PLANNING AND ZONING BOARD IS AN ALMOST COMPLETELY NEW
BOARD THESE SIDEWALK RECOMMENDATIONS SHOULD BE REVIEWED
BY THE PRESENT BOARD. MAYOR MACLAY MOVED THAT THE SIDEWALK
RECOMMENDATIONS BE SENT BACK TO PLANNING ANDZONING BOARD
FOR THEIR CONSIDERATION. MR. RHAME SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 4. DISCUSSION: APPOINTMENT OF SIGN COMMITTEE
MAYOR NIACLAY DISCUSSED THE SIGN VIOLATIONS WITH
COUNCIL AND THE CITY ATTORNEY. THE MAYOR THEN APPOINTED
MR. BALOUGH, MR. CALE _hND HIMSELF TO A. COMMITTEE TO IDENTIFY
SIGNS IN THE CITY IN VIOLATION OF THE SIGN ORDINANCE.
DISCUSSION FOLLOWED ON THE MAYOR'S RECENT COMPLAINTS RE-
GUARDING SIGN VIOLATIONS AND THE LEGAL ASPECTS INVOLVED
IN REMOVING SIGNS IN VIOLATION OF THE ORDINANCE.
COUNCIL MINUTES
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ITEM 5. INVITATION TO BEDC QUARTERLY MEETING
MR. RHAME REPORTED TO COUNCIL THMT THE COMMERCIAL
DEVELOPMENT BOARD HAD EXTENDED AN INVITATION TO THE BREVARD
ECONOMIC DEVELOPMENT COUNCIL TO HOLD THEIR QUARTERLY MEETING
AT CITY HALL. BEDC POLICY ON INVITATIONS IS TO ACCEPT ONLY
WHEN THEY ARE EXTENDED BY THE GOVERNING BODY OF THE CITY.
MR. RHAME MOVED TO EXTEND AN INVITATION TO BEDC FOR THEIR
QUARTERLY MEETING ON TUESDAY, FEBRUARY 38, AT 5:00 P.M. IN
THE CONFERENCE ROOM AT CITY HALL. MAYOR MACLAY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 6. ANNUAL.CONFERENCE FOR CITY MANAGERS
MR. FRANCIS REQUESTED COUNCIL AUTHORIZE HIS
ATTENDING THE ANNUAL CONFERENCE OF CITY MANAGERS ON APRIL
21 THRU 24o AND GAVE COUNCIL THE APPROXIMATE COST OF $150.00
FOR THE THREE —DAY CONFERENCE. MR. RHAME MOVED THAT THE CITY
MANAGER BE AUTHORIZED TO ATTEND THIS MEETING WITH REASONABLE
EXPENSES REIMBURSED. MR. NICHOLAS SECONDED MOTION. VOTE
WAS AS FOLLOWS. IN FAVOR, MR. NICHOLAS AND MR. RHAME., OPPOSED,
MAYOR MACLAY. MOTION CARRIED.
DISCUSSION ITEMS
MAYOR MACLAY READ A LETTER FROM SENATOR LAWTON
CHILES REGARDING STATUS OF PORT CANAVERAL SAND RECLAMATION
PROJECT.
MR. LOPEZ, OWNER OF CASA LOPEZ, REQUESTED AN.
EMERGENCY ORDINANCE IN ORDER TO KEEP HIS PLACE OF.BUSINESS
OPEN FOR A PRIVATE PARTY ON JANUARY 15 AFTER THE REGULAR
CLOSING TIME SET OUT IN THE PRESENT ORDINANCE.
AFTER RESEARCHING FLORIDA STATUTES, ATTORNEY
SCOTT INFORMED COUNCIL AN AFFIRMATIVE VOTE OF TWO THIRDS OF
THE MEMBERSHIP OF COUNCIL IS REQUIRED TO ENACT AN EMERGENCY
ORDINANCE. SINCE ONLY THREE COUNCIL MEMBERS WERE PRESENT
AT THIS MEETING, MR. LOPEZ'S REQUEST COULD NOT BE ACTED UPON.
MR. NICHOLAS REQUESTED! MR. FRANCIS FURNISH COUNCIL
WITH BICENTENNIAL COMMITTEE'S PROGRAM OF EVENTS FOR THE COMING
YEAR WHICH HAVE BEEN SUBMITTED TO THE STATE.
COUNCIL MINUTES
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DISCUSSION ITEMS - CONTINUED
" .
MR. SCOTT GAVE BRIEF SUMMARY OF BUILDING PERMIT
2148, AND BOARD OF ADJUSTMENT HEARING ON PUERTO DEL SOL.
HE ALSO INFORMED COUNCIL OCEAN.-PLACE DEVELOPER
EXPRESSED DESIRE TO NEGOTIATE WITH CITY. THIS ITEM FOR
JANUARY 27, AGENDA. MR. SCOTT REPORTED HIDDEN HARBOR REQUESTED
RELEASE OF COMPLETION BOND AND SEWER BOND., THIS ITEM FOR
AGENDA OF JANUARY 27.
MR. RHAME QUESTIONED STATUS OF.LITIGATION WITH
MR. MOLINE): ATTORNEY STATED THAT THE CITY IS WAITING FOR
A TRIAL DATE.
MR. RHAME SUGGESTED MR. FRANCIS ASR MR. BALOUGE
WHAT HIS INTENTIONS ARE REGARDING COMPLETION OF THE SIGN
ORDINANCE AND REPORT BACK TO COUNCIL AT NEXT MEETING.
BY MOTION OF MAYOR MACLAY AND GENERAL CONSENT OF
COUNCIL,MEETING ADJOURNED AT 9:45 P.M.
APPROVED THIS 20 DAY OF
COUNCIL MINUTES
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