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HomeMy WebLinkAbout04-20-1976 Regular Meetingii MICROFILMED 4 -24 -80 REGULAR MEETING CITY COUNCIL APRIL 20, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON APRIL 20, 1976 AT CITY HALL, 105 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 AND MRS. ANN THURM; CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS JAMES CANNON. COUNCILMAN G.J. SALVAGGIO WAS ABSENT DUE TO OUT OF TOWN BUSINESS. CITY MANAGER ALBERT J. FRANCIS WAS ABSENT DUE TO ILLNESS. THE MINUTES OF APRIL 13, WERE APPROVED AS CORRECTED. THE TREASURER'S REPORT FOR MARCH WAS FILED FOR AUDIT. UNFINISHED BUSINESS ITEM 1. RESOLUTION 76 -17 RE: REMOVAL OF PLANNING & ZONING BOARD MEMBER MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION REMOVING A MEMBER FROM THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MRS. THURM, SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE THIS RESOLUTION WAS ADOPTED. RESOLUTION 76 -18 RE: APPOINTMENT OF PLANNING AND ZONING BOARD MEMBERS MAYOR MACLAY READ.THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE MRS. THURM MOVED FOR ADOPTION. MAYOR MACLAY SECONDED MOTION. MR. NICHOLAS MOVED TO AMEND BY INSERTING THE NAME OF JAMES RIC -XgAN IN SECTION 1, WITH A TERM. TO EXPIRE ON SEPTEMBER 15, 1977, AND INSERTING A NEW SECTION 2 APPOINTING RICHARD CALE AS FIRST ALTERNATE MEMBER WITH A TERM TO EXPIRE ON SEPTEMBER 15, 1976, AND RENUMBERING SECTION 2, TO SECTION 3. MAYOR MACLAY SECONDED MOTION. MOTION PASSED UNANIMOUSLY. VOTE ON THE RESOLUTION, AS AMENDED, WAS UNANIMOUS. RESOLUTION ADOPTED. MICROFILMED 4 -24 -80 FOLLOWS: ITEM 2. ORDINANCE 6 -76 RE: REVISED PERMIT FEES, ANNUAL INSPECTION & LICENSING AND FEE SCHEDULE FOR SIGNS (2ND READING POSTPONED) MAYOR MACLAY READ THE TITLE OF THE ORDINANCE AS AN ORDINANCE AMENDING THE SIGN ORDINANCE OF THE CITY OF CAPE CANAVERAL OF MARCH 30, 1965 AS AMENDED, BY ESTABLISHING REVISED PERMIT FEES; PROVIDING FOR ANNUAL INSPECTION AND LICENSING; WITH FEE SCHEDULES; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING , AN EFFECTIVE DATE. SECOND READING OF THIS ORDINANCE WAS ALREADY ON THE FLOOR FROM PRIOR MEETING. MAYOR MACLAY MOVED TO AMEND BY ADDING TO SECTION 41 A. PERMITS 113 "AND DELETING PART B, OF SECTION 4 AND SUBSTITUTING NEW SECTION. (AMENDMENT ATTACHED TO THESE MINUTES) MR. NICHOLAS SECONDED MOTION. AMENDMENT CARRIED UNANIMOUSLY. MAYOR MACLAY MOVED TO FURTHER AMEND PARAGRAPH "C ", SECTION 4, BY ADDING, "PROVIDED SAID SIGNS ALSO L MEET ALL OF THE OTHER REQUIREMENTS OF THIS ORDINANCE." MOTION FAILED FOR LACK OF A SECOND. DISCUSSION FOLLOWED ON HOW TO HANDLE EXISTING ILLEGAL SIGNS. MR. NICHOLAS MOVED TO POSTPONE THIS ORDINANCE FOR ONE WEEK. MRS. THURM SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS, MR. RHAME AND MRS. THURM, OPPOSED, MAYOR MACLAY. MOTION CARRIED. NEW BUSINESS ITEM 1. MR. PAUL EATON RE: CARE OF DUNE VEGETATION MR. PAUL EATON, WITH THE BREVARD COUNTY DUNE REVEGETATION! PROGRAM AND A MEMBER OF THE CITY BEAUTIFICATION BOARD, REQUESTED THAT THE CITY FURNISH A DRIVER FOR THE FIRE TRUCK TO ASSIST IN WATERING THE NEW VEGETATION BEING PLANTED ALONG THE DUNE LINE ON THE BEACH. MR. NICHOLAS MOVED THAT THE CITY PROVIDE ASSISTANCE THE DUNE REVEGETATION COMMITTEE IN THEIR WATERING EFFORTS. MAYOR MACLAY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION 76 -21 APPOINTMENT OF LIBRARY BOARD MEMBER MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION ELECTING A MEMBER TO THE LIBRARY BOARD; PROVIDING AN EFFECTIVE DATE. MRS. THUP.M MOVED FOR ADOPTION. MAYOR MACLAY SECONDED MOTION. MRS. THURM READ LETTERS FROM MRS. CHANEY, MRS. SENIOR COUNCIL MINUTES 4 -20 -76 v7�r�V 1 nV 9 Z ATTArNMR.1 L MICROFILMED 4.24 -80 AND MRS. QUATSE.THEN MOVED TO AMEND THE RESOLUTION BY TNSERT,ING THE NAME OF MRS. TERRY QUATSE IN SECTION 1, AND TERM TO EXPIRE ON JULY 1, 1976. VOTE ON THE RESO- LUTION, AS AMENDED, PIAS UNANIMOUS. RESOLUTION WAS ADOPTED. ITEM 3. PORT SEWER REPORT MRS. THURM GAVE A REPORT ON A.MEETING WHICH SHE, MR. SCOTT AND THE MAYOR HAD ATTENDED AT THE PORT AUTHORITY FACILITY REGARDING THE PROBLEMS OF PORT INPUT TO OUR SEWERAGE TREAT- MENT PLANT. SHE STATED THAT THE PORT AUTHORITY WAS CONSIDERING A NEW 12 INCH SEWER MAIN TO RUN PARALLEL WITH THE PRESENT 6 INCH LINE. MRS. THURM SAID THAT THE CITY HAD BEEN ASKED TO DRAW UP RULES AND REGULATIONS TO GOVERN THE STRENGTH AND QUANTITY THAT WE CAN ACCEPT FROM THE PORT INTO OUR PLANT. MRS. THURM MOVED THAT THE CITY ATTORNEY, THE CITY MANAGER, CITY ENGINEER AND HERSELF BE APPOINTED AS A LIAISON COMMITTEE TO WORK ON RULES AND REGULATIONS AND ANY OTHER PROBLEMS RELA- t TIVE TO THE PORT SEWERAGE WITH THE COMMITTEE RECOMMENDATIONS TO BE CONSIDERED BY COUNCIL AS AN AMENDMENT TO THE AGREEMENT WITH THE PORT. MR. NICHOLAS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. MAYOR MACLAY THEN APPOINTED HIMSELF AS A MEM- BER OF THIS COMMITTEE. ITEM 4. DISCUSSION RE: SEWER CHARGES TO PORT MAYOR MACLAY STATED THAT HE FELT THAT THE CITY REVENUE FROM THE PORT WAS NOT ADEQUATE TO COVER THE USE THEY WERE MAKING OF OUR PLANT AND FELT THAT COUNCIL SHOULD IMMEDIATELY CONSIDER RAISING THE RATES. MR. SCOTT EXPLAINED ANY INCREASE IN RATES MUST BE JUSTIFIED AND AN EXTENSIVE STUDY WAS NECESSARY BEFORE THIS COULD BE DONE. MAYOR MACLAY MOVED THAT THE CITY GO FORWARD WITH A QUICK STUDY OF RATES AT THE -PopT, MOTION FAILED FOR LACK OF A SECOND. IT WAS NOTED THAT THE COMMITTEE WOULD LATER BE WORKING ON THIS PROBLEM. ITEM 5. RESOLUTION 76 -22 RE: OIL ON BEACH MAYOR MACLAY READ THE RESOLUTION ENTITLED: A RESOLUTION URGING THE CANAVERAL PORT AUTHORITY TO INITIATE ACTION TO HALT SHIPS USING PORT CANAVERAL FROM DUMPING TAR AND OTHER PETROLEUM WASTE PRODUCTS ON THE ATLANTIC BEACHES WITHIN THE CITY OF CAPE CANAVERAL AND BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES 4 -20 -76 PAGE 3 OF 6 AND ATTACHMENT MICROFILMED 4 -24 -80 MAYOR MACLAY STATED THAT HIS INTENTION WAS TO ASK FOR SAMPLING FROM THE BILGES OF THE SHIPS DOCKING AT THE PORT. MR. NICHOLAS MOVED FOR ADOPTION. MAYOR MACLAY SECONDED MOTION. THE QUESTION AROSE AS TO WHO HAD THE AUTHORITY, THE PORT AUTHORITY, COAST GUARD OR CUSTOMS OFFICE FOR TAKING SUCH ACTION. MAYOR MACLAY WAS ASKED TO CHECK THIS AND REPORT BACK TO COUNCIL. BY MOTION OF MAYOR MACLAY, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THE RESOLUTION WAS POSTPONED FOR ONE WEEK. ITEM 6. DISCUSSION RE: ILLEGAL SIGNS COUNCIL DISCUSSED AT LENGTH SIGNS IN THE CITY WHICH WERE IN VIOLATION OF THE SIGN ORDINANCE. MR. SCOTT TOLD THE COUNCIL THAT THE CITY WAS ESTOPPED FROM TAKING ACTION AGAINST EXISTING SIGNS IN THE RIGHT OF WAY THAT HAD BEEN ISSUED PERMITS BY THE CITY. MAYOR MACLAY MOVED THAT ACTION BE TAKEN ON THREE ILLEGAL SIGNS: NAMELY, DR. ROBBEN,,AMERICAN REALTY AND AEROSPACE MANAGEMENT BY BRINGING THE OWNERS INTO COURT.' MR: NICHOLAS SECONDED THE MOTION. DR. ROBBEN WAS IN THE AUDIENCE AND EXPLAINED THAT HE HAD CONTACTED THE FORMER BUILDING OFFICIAL, MR. ALLEN, FOUR TIMES TWO YEARS AGO AS TO WHAT WAS NEEDED TO ERECT A LEGAL SIGN. HE HAD ASKED MR. ALLEN TO COME TO THE SITE AND WAS TOLD THIS WAS NOT NECESSARY. HE FURTHER STATED.THAT HE HAD CONSTRUCTED HIS SIGN TO MEET THE STRICT REGULATIONS OF THE DENTAL SOCIETY AT A COST OF $350.00. IT WAS BROUGHT OUT THAT THE NEW SIGN ORDINANCE WOULD HAVE AN AMORTIZATION SCHEDULE FOR EXISTING AND MAYOR MACLAY SIGNS. MR. HURCKAWILL MEET WITH DR. ROBBEN TO DISCUSS A PROPER.LOCATION FOR HIS SIGN. MR. RHAME THANKED DR. ROBBEN FOR ATTENDING THE MEETING. VOTE ON THE MOTION REGARDING THE THREE SIGNS WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY., AND MR. NICHOLAS, OPPOSED, MR. RHAME AND MRS. THURM. MOTION FAILED. ITEM 7. ORDINANCE 10--76 AMENDING ORD. 9 -68 CITY CODE CHAPTER 725 TAXI REGULATIONS (1ST READING AS FOLLOWS: MAYOR MACLAY READ THE TITLE OF THE.ORDINANCE COUNCIL MINUTES 4 -20 -76 PAGE 4 OF 6 AND ATTArffMPNT I 1 1 1 1 L d . . - MICROFILMED 4-24 -E0 AN ORDINANCE AMENDING CHAPTER 725 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED "TAXI REGULATIONS ", BY INCREASING THE MAXI- MUM FARES TO BE CHARGED; BY REPEALING ALL SECTIONS OF THE CITY CODE IN CON- FLICT THEREWITH; BY PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. RHAME, SECONDED BY MR. NICHOLAS AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. ITEM 8. RESOLUTION 76 -23 PENDING STATE LEGISLATION RE: STATE ELECTION CODE PND.ITS EFFECT ON MUNICIPALITIES MRS. THURM EXPLAINED THAT AFTER A CONVERSATION. BETWEEN THE CITY ATTORNEY AND MR. RAY SITTIG,.OF THE FLORIDA LEAGUE, IT WAS DETERMINED A RESOLUTION WAS NOT THE MOST EFFECTIVE MEANS OF VOICING OPPOSITION TO LEGISLATION. MRS. THURM MOVED THAT THE RESOLUTION BE REMOVED FROM THE AGENDA AND THAT THE CITY CLERK AND THE CITY ATTORNEY BE DIRECTED TO DRAFT A LETTER AND SEND COPIES TO OUR COUNTY REPRESENTATIVES, MR. SITTIG AND REPRESENTATIVE KERSHAW OPPOSING HOUSE BILL NO. 1264 MAKING ADOPTION OF THE.STATE ELECTION CODE MANDA- TORY. MR. RHAME SECONDED THE MOTION. MOTION CARRIED UNANI- MOUSLY. ITEM 9. DISCUSSION: CONSIDERATION OF CLEAN -UP CAMPAIGN MAYOR MACLAY ASKED THAT THE COUNCIL CONSIDER, A CITYWIDE CLEAN -UP CANPAIGN. PRIOR TO THE JULY 4TH -BICENTENNIAL CELEBRATION. IT WAS DETERMINED THAT THIS SHOULD BE DONE AT A DATE CLOSER TO JULY 4TH. NO ACTION TAKEN. DISCUSSION ITEMS: MR. NICHOLAS ASKED THE CITY ATTORNEY TO REVIEW THE FLORIDA POWER AGREEMENT WITH THE CITY ON THEIR PROPERTY ON POLK AVENUE TO DETERMINE IF IT COULD BE USED FOR ANYTHING OTHER THAN CITY RECREATION SUCH AS FUND RAISING EVENTS. MR. RHAME REPORTED ON A MEETING REGARDING COUNTY LIFEGUARD FUNDS AND ASKED THAT CONSIDERATION OF MATCHING FUNDS BY THE CITY BE PLACED ON THE NEXT AGENDA. HE ALSO NOTED A RECENT ARTICLE CONCERNING N.A.S.A.'S AND THE AIR F'ORCE'S REFUSAL FOR COUNCIL MINUTES 4 -20 -76 PAGE 5 OF 6 AND ATTACH14ENT MICROFILMED 4 -24 -80 A RAILROAD SPUR TO CROSS THEIR PROPERTY TO THE PORT, HE ASKED THAT THIS BE PLACED ON THE NEXT AGENDA. MAYOR MACLAY ASKED THE ATTORNEY WHAT WAS BEING DONE ABOUT THE DEBRIS ON LINCOLN AVENUE ACROSS FROM THE APOLLO APARTMENTS. MR. SCOTT SAID THAT JIM MORGAN HAD ASSURED HIM IT WAS BEING MOVED. MR. SCOTT ASKED COUNCIL FOR AUTHORIZATION TO ATTEND THE CITY MANAGER'S CONFERENCE FOR ONE DAY FOR THE CITY ATTOPNEYS' SESSION AND ASKED THAT HIS REGISTRATION AND MILEAGE BE PAID. MAYOR MACLAY MOVED TO ADD AN ITEM TO THE AGENDA TO ALLOW REASONABLE EXPENSES FOR THE CITY ATTORNEY TO ATTEND THIS MEETING. MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. THURM COMPLIMENTED MR. HOELPERL ON THE MONTHLY ACTIVITY REPORT OF THE FIRE DEPARTMENT. j BY MOTION OF MAYOR MACLAY, SECONDED BY MR. RHAME, MEETING ADJOURNED AT 11:05 P:M. APPROVED THIS 27 DAY OF APRIL , 1976. , 1A .! COUNCIL MINUTES 4 -20 -76 PAGE 6 OF 6 ANr. ATTACHMENT e 1 MICROFILMED 4 -24 -80 AMENDMENT TO ORDINANCE NO. 6 -76 (SIGN ORDINANCE) Add the following to Section 4. Permits, Inspections, Licenses and Fees Required.: "A. Permits 3. It shall be the duty of the Building Official, upon the filing of an application for a sign erection permit, to. examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this Ordinance and all other laws and ordinances of the City, he shall then issue the sign erection permit. If the work authorized under a sign erection permit has not been completed within six months after date of issuance, the said permit shall become null and void. Delete part B. of Section 4 in its entirety and substitute the following therefor: "B. Ins ections and Sign Identification. 1. Inspection on Permit Issuance. Each sign for which a permit is issued shall be inspected as soon as practicable by the Building Official after the permitted work is completed. r 2. Display of Permit Number. Every sign hereafter registered shall show the permit number in a conspicuous place thereon, which is visible to the Building Official, and is readable by the Building Official from the ground. The sign identification device showing the permit number shall be in form determined by the City Treasurer. 3. Annual Inspection. A city wide inspection of all signs be made by the Building Official % -!thin sixty 60) days of the passage of this ordinance and annually there - -- -after in the same month as the first annual inspection. ATTACHMENT TO COUNCIL MINUTES OF 4 -20 -76