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Home My WebLink About03-07-1978 Regular MeetingMICROFILMED 4 -24 -80 REGULAR P'lEETING CITY COUNCIL MARCH 7, 1978 SCOTT, CITY CLERK ANITA J. OSTROM AND SGT. AT ARMS JOAN HUDEPOHL. THE MINUTES OF REGULAR MEETING OF FEBRUARY 21, AND SPECIAL MEETING OF MARCH 1, WERE APPROVED AS READ. NEW BUSINESS ITEM 1. ORDINANCE NO. 3 -78 AMENDING ORDINANCE NO. 10 -75 ZONING REGULATIONS, AMENDING SECTION 638.4 , 638.63 AND 638.83 T3ST READING) MAYOR THURINI READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ZONING REGU- LATIONS, BY ALLOWING AS A PRINCIPAL USE RE- CYCLING ACTIVITIES FOR COLLECTION OF NON - HAZARDOUS MATERIALS IN THE M -1, M -2 AND M -3 ZONING DISTRICTS; BY REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; BY PRO- VIDING AN EFFECTIVE DATE. MRS. BOYD MOVED TO APPROVE FIRST READING.AND MRS. RIGERMAN SECONDED MOTION. COUNCIL AGREED TO HAVE THE PLANNING AND ZONING BOARD REVIEW THIS ORDINANCE BEFORE SECOND READING FOR FURTHER CLARIFICATION. MOTION TO APPROVE FIRST °READING CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 78 -10 RE: APPOINTMENT OF LIBRARY BOARD MEMBER MAYOR THURM READ A LETTER FROM CAPE CANAVERAL LIBRARY BOARD RECOMMENDING THAT THE COUNCIL APPOINT MRS. CORINNE SCHREIBER TO THE CITY'S LIBRARY BOARD. MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR THLTRM MOVED THAT THE NAME OF MRS. CORINNE SCHREIBER BE INSERTED IN SECTION ONE OF THE RESOLUTION WITH A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 7, 1978 AT CITY HALL, 105 -POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:30 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL 14EMBERS L.C. BOYD, J.L. MURPHY, M.A. RIGERMAN AND C.K. WELTON;.ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM AND SGT. AT ARMS JOAN HUDEPOHL. THE MINUTES OF REGULAR MEETING OF FEBRUARY 21, AND SPECIAL MEETING OF MARCH 1, WERE APPROVED AS READ. NEW BUSINESS ITEM 1. ORDINANCE NO. 3 -78 AMENDING ORDINANCE NO. 10 -75 ZONING REGULATIONS, AMENDING SECTION 638.4 , 638.63 AND 638.83 T3ST READING) MAYOR THURINI READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ZONING REGU- LATIONS, BY ALLOWING AS A PRINCIPAL USE RE- CYCLING ACTIVITIES FOR COLLECTION OF NON - HAZARDOUS MATERIALS IN THE M -1, M -2 AND M -3 ZONING DISTRICTS; BY REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; BY PRO- VIDING AN EFFECTIVE DATE. MRS. BOYD MOVED TO APPROVE FIRST READING.AND MRS. RIGERMAN SECONDED MOTION. COUNCIL AGREED TO HAVE THE PLANNING AND ZONING BOARD REVIEW THIS ORDINANCE BEFORE SECOND READING FOR FURTHER CLARIFICATION. MOTION TO APPROVE FIRST °READING CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 78 -10 RE: APPOINTMENT OF LIBRARY BOARD MEMBER MAYOR THURM READ A LETTER FROM CAPE CANAVERAL LIBRARY BOARD RECOMMENDING THAT THE COUNCIL APPOINT MRS. CORINNE SCHREIBER TO THE CITY'S LIBRARY BOARD. MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR THLTRM MOVED THAT THE NAME OF MRS. CORINNE SCHREIBER BE INSERTED IN SECTION ONE OF THE RESOLUTION WITH MICROFILMED 4 -24 -80 A TERM TO EXPIRE ON JULY 1, 1983. MR. WELTON SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR THURM MOVED TO ADOPT RESOLUTION NO. 78 -10. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 78 -11 RESCINDING RESOLUTION NO. 74 -64 RE: CITY'S AGENT OF RECORD FOR INSURANCE MAYOR THURM EXPLAINED THAT COUNCIL FELT THAT THE ACTING CITY MANAGER COULD SOLICIT BIDS FOR THE UPCOMING GROUP INSURANCE CONTRACT THEREFORE THIS RESOLUTION 17AS BEING CONSIDERED AT THIS TIME. MAYOR THURM, READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION RESCINDING RESOLUTION NO.'74 -64, TIHIC.H DESIGNATED AN INSURANCE AGENT FOR THE PURPOSE OF OBTAINING BIDS.FOR GROUP INSURANCE FOR EMPLOYEES OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. RIGERMAN MOVED FOR ADOPTION. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4 COUNCIL AUTHORIZATION TO ADVERTISE FOR BIDS FOR FIRE EQUIPMENT MAYOR THURM EXPLAINED THE FIRE DEPARTMENT'S REQUEST FOR ADDITIONAL EQUIPMENT OF 10 DESK UNITS, 6 POCKET UNITS AND 2 RADIOS (1 PADIO FOR NEW FIRE TRUCK AND 1 FOR DODGE VAN) . MRS. BOYD MOVED TO AUTHORIZE ADVERTISING FOR FIRE DEPARTMENT EQUIPMENT. MRS. RIGERMAN SECONDED MOTION. CHIEF HOELPERL EXPLAINED THAT HE WAS PURSUING THE POSSIBILITY OF COUNTY BIDS FOR THE EQUIPMENT. MRS. BOYD MOVED TO AMEND MOTION TO ADD "IF NECESSARY" TO THE MAIN MOTION. MRS. RIGERMAN SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ITEM 5. MOTION RE: CAPEVIEW SCHOOL SEWER BILLING MRS. THURM EXPLAINED THAT THIS ITEM WAS BEFORE COUNCIL DUE TO THE FACT THAT 'A WATER TAP HAD BEEN LEFT OPEN AT CAPEVIEW SCHOOL AND WATER CONSUMPTION HAD INCREASED GREATLY THEREBY INCREASING THE SEWER BILL, HOWEVER, THE WATER HAD NOT GONE THRU THE CITY'S SEWER SYSTEM. MRS. OSTROM INFOP24ED COUNCIL THAT THE PRIOR EIGHT MONTHS BILLING AVERAGED OUT TO $71.75. MRS. RIGERMAN MOVED THAT APPROPRIATE -RELIEF BE GIVEN ON THE CAPEVIEW SCHOOL SEWER ACCOUNT BY BILLING FOR $71.75. MR. EELTON SECONDED !MOTION. MOTION CARRIED UNANIMOUSLY. COUN7I0L DINrTES�r Z 1 1 1 a1 MICROFILMED 4 -24 -80 DISCUSSION ATTORNEY SCOTT REPORTED ON THE FINAL JUDGMENT OF RUBBISHMAN'S SUIT EXPLAINING THAT THE CITY HAD THE RIGHT TO ASK THE TRIAL COURT TO RE -HEAR WITHIN 10 DAYS ON THE MATTER IF THE CITY CAN SHOW THAT THE JUDGE MADE AN ERROR OR THE CITY CAN FILE A DIRECT APPEAL WITHIN 30 DAYS TO THE DISTRICT COURT OF APPEAL ALLEGING THAT THE TRIAL JUDGE MADE A FUNDAMENTAL ERROR. IF THE CITY DOES NOT CHOOSE TO DO EITHER OF THE ABOVE, PAYMENT OF THE JUDGMENT WOULD BE REQUIRED IN 30 DAYS. MRS. BOYD REPORTED ON THE BOARD OF ADJUSTMENT HEARING OF MARCH 6 IN WHICH THE BOARD DENIED A REQUEST FOR VARIANCE ON LOT 9, STAGE 1, OF OCEAN WOODS R.P.U.D. AND ALSO REJECTED STAGE 6 AS PROPOSED BY THE DEVELOPER. MRS. BOYD INFORMED COUNCIL THAT THE BOARD PASSED A RESOLUTION C011MENDING THE BUILDING OFFICIAL. MRS. RIGERMA,.N READ THE RESOLUTION TO COUNCIL. ATTORNEY SCOTT DISCUSSED WITH COUNCIL THE PROBLEM AT COCOA PALMS TRAILER COURT REGARDING PICK -UP OF GARBAGE BY A CONTRACTOR OTHER THAN THE ONE FRANCHISED BY THE CITY. MRS. RIGER14AN MOVED TO ADJOURN AT 9:10 P.M. MAYOR THURM SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 21 DAY OF MARCH , 1978. 4 Y R -rl-rlt zez COUNCIL MINUTES 3 -7 -78 PAGE 3 OF 3