HomeMy WebLinkAbout02-20-1979 Regular MeetingMICROFILMED 4 -24 -80
REGULAR MEETING
CITY COUNCIL
FEBRUARY 20, 1979
A REGULAR MEETING OF THE CITY COUNCIL -OF THE CITY OF
CAPE CANAVERAL WAS HELD ON FEBRUARY 20, 1979 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLOkIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM
AT 7:31 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD,
P.T. LEE, J.L. MURPHY AND M.A. RIGERMAN; CITY ATTORNEY
RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK
PATRICIA J. BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL.
'THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 1979
WERE APPROVED AS READ.
TREASURER'S REPORT FOR JANUARY WAS REVIEWED AND FILED
FOR AUDIT.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 3 -79 RE: AMENDING ZONING
ORDINANCE SECTION
CLASSIFICATION R- 2 TO R-1 IN CAPE VZRAL
BEACH GARDENS, I BOO , 1,
LOCK 6, LOTS 1 THRU 8. BLOCK 7, LOTS I THRU
11, BLOCK 8, LOTS 2 THRU 8, BLOCK 9, LOTS T+
THRU 21 (SECOND READING)
ATTORNEY SCOTT ADVISED THAT SINCE ONE OF THE OWNER'S OF
PROPERTY IN THE PROPOSED RE- ZONING HAD NOT BEEN NOTIFIED OF THIS
RE- ZONING THAT THIS HEARING BE CONTINUED UNTIL SUCH TIME AS THE
OWNER MR. RICK KENDUST COULD BE PROPERLY NOTIFIED. MR. MURPHY
MOVED TO POSTPONE THIS ITEM UNTIL MR. KENDUST COULD BE LEGALLY
NOTIFIED. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
MR. SCOTT ADVISED ESTABLISHING THE DATE OF THE HEARING
FOR THE BENEFIT OF THOSE IN ATTENDANCE AT THIS MEETING AND
ALLOWING THE NECESSARY LEGAL TIME FOR NOTIFYING MR. KENDUST.
COUNCIL SET THE HEARING DATE FOR TUESDAY, APRIL 3.
MICROFILMED 4 -24 -80 -
AT THIS TIME, MR. SCOTT SUGGESTED COUNCIL HEAR ANY
PARTIES IN THE AUDIENCE WHO WOULD BE UNABLE TO ATTEND THE
APRIL 3 MEETING.
MR. CHARLES PINZAK, OWNER OF LOT 8, BLOCK 8, LOT 21
BLOCK 9 AND LOT 7 IN BLOCK 5 SPOKE AT THIS TIME IN OPPOSITION
TO THIS RE- ZONING.
NEW BUSINESS
ITEM 1. RESOLUTION NO. 79 -5 RE: PLEDGING CERTAIN
INCOME ITEKS'TOWARD REPAYMENT OF LAN MOR
PURCHASE BL CK 47, AVON'-BY-THE-SEA AND
ATTORNEY APPROVAL OF LOAN FOR: PURCHASE S 1 AND 2 INTO
ONE RESOLUTION AND PROCEEDED TO READ RESOLUTION 79 -5 IN
FULL ENTITLED:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA TO BORROW FUNDS FOR THE PURCHASE OF BLOCK 47,
AVON -BY- THE -SEA SUBDIVISION, FROM THE FIRST NATIONAL
BANK OF CAPE CANAVERAL; BY AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE NECESSARY LOAN DOCUMENTS
TO PERFECT THAT LOAN; BY PLEDGING CERTAIN FRANCHISE
FEES AS COLLATERAL FOR SAID LOAN; BY PROVIDING AN
EFFECTIVE DATE.
MR. LEE MOVED FOR ADOPTION OF RESOLUTION 79 -5. MAYOR
THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. MOTION RE: AWARDING BID FOR LIGHTING AT
CITY BALL
PARK-
MAYOR THURM READ THE BIDS WHICH HAD BEEN OPENED ON
FEBRUARY 12, 1979. BIDS WERE AS FOLLOWS: BEESON $9,872,
DIANNE ELECTRIC $7,687 AND DIXON ELECTRIC $7,100. MRS.
RIGERMAN MOVED TO ACCEPT DIXON ELECTRIC'S BID IN THE AMOUNT
OF $7,100. MR. MURPHY SECONDED MOTION.
MRS. RIGERMAN MOVED TO AMEND MOTION TO INCLUDE THAT
FUNDS FOR LIGHTS BE TAKEN FROM PARKS & PLAYGROUNDS CAPITAL
EXPENDITURES AND MAINTENANCE ACCOUNT WITH THE BALANCE FROM
THE GENERAL FUND CONTINGENCY ACCOUNT. MR. MURPHY SECONDED
MOTION. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION CARRIED
UNANIMOUSLY.
ITEM 4. MOTION RE: AWARDING BID FOR SEWER PLANT FENCING
MAYOR THURM READ THE THREE BIDS RECEIVED FOR SEWER PLANT
FENCING WHICH WERE OPENED ON FEBRUARY 14, 1979. BIDS WERE
AS FOLLOWS:
COUNCIL MINUTES
2 -20 -79
PAGE 2 OF 4
r MICROFILMED 4 -24 -80
BREVARD FENCE GALVANIZED CHAIN LINK $3,202
GREEN VINYL COATED CHAIN LINK $3,435
AMERICAN STEEL FENCE GALVANIZED CHAIN LINK $4,295
GREEN VINYL COATED CHAIN LINK $4,695
A -ONE FENCE GALVANIZED CHAIN LINK (A)$2,900
GREEN VINYL COATED CHAIN LINK(B) $3, 100
(IF 1 3/8 PRE GALVANIZED TOP RAIL IS
DESIRED, ADD $340.00 TO EITHER "A"
OR "B ")
DISCUSSION FOLLOWED ON THE ADVANTAGES OF VINYL FENCING
OVER GALVANIZED FENCING AND A QUESTION AROSE AS TO THE
ADVISABILITY OF VINYL.
MR. LEE MOVED TO AWARD THE BID TO LOWEST BIDDER BREVARD
FENCING AND ALLOW THE PURCHASING AGENT TO MAKE THE FINAL CHOICE
BETWEEN VINYL OR GALVANIZED. MR. MURPHY SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 5. MOTION RE: DESIGNATING POLLING PLACE
IT WAS DECIDED THAT THE MOTION ON AUGUST 15, 1978 DESIGNATING
THE CHANGE OF POLLING PLACE FOR ELECTIONS SUFFICIENTLY COVERED
THIS SUBJECT. NO FURTHER ACTION NECESSARY.
ITEM 6. ATTORNEY'S OPINION RE: LOT DIVISION
AFTER DISCUSSION ON THIS SUBJECT, ATTORNEY SCOTT OFFERED
TO WRITE A FORM LETTER FOR LOCAL MORTGAGE LENDERS, BUILDERS
CONSTRUCTING DUPLEXES IN THE CITY AND THE BOARD OF REALTORS TO
INFORM THEM THAT ANY BUILDER DIVIDING OWNERSHIP OF DUPLEXES ON A
50 FOOT LOT,IS CREATING A NON - CONFORMING LOT AND IS IN VIOLATION
OF THE CITY'S ZONING AND SUBDIVISION ORDINANCES.
MRS. RIGERMAN MOVED TO ADD AN ITEM TO THE AGENDA REGARDING
THE APPOINTMENT OF JOHN FOSTER TO THE PLANNING AND ZONING BOARD.
MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR THURM READ THE RESOLUTION IN FULL INSERTING THE NAME
OF JOHN FOSTER AS FIRST ALTERNATE MEMBER WITH A TERM TO EXPIRE
ON SEPTEMBER 15, 1979. TITLE OF RESOLUTION WAS AS FOLLOWS:
A RESOLUTION APPOINTING FIRST ALTERNATE MEMBER TO THE
PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE.
MR. MURPHY MOVED FOR ADOPTION OF THE RESOLUTION. MRS.
RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
COUNCIL MINUTES
2 -20 -79
PAGE 3 OF 4
MICROFILMED 4 -24 -80 .
DISCUSSION
COUNCIL DISCUSSED THE RECENT BUILDING PERMIT ISSUED
WHICH ALLOWED A MODULAR HOME TO BE PLACED ON TOP OF THE
CAPE CANAVERAL HANDI WASH LOCATED AT 104 MONROE AVENUE.
DISCUSSION FOLLOWED ON WHETHER OR NOT THIS WAS A
TRAILER OR MODULAR HOME AND THE FACT THAT THIS USE WAS
NOT ACCEPTABLE IN THAT ZONING DISTRICT. IT WAS POINTED
OUT THAT A STOP WORK ORDER HAD BEEN ISSUED.
MR. SCOTT REQUESTED THAT THE BUILDING OFFICIAL BE
INFORMED THAT A DECISION' BE MADE BY NOON ON WEDNESDAY AND
HE EITHER RESCIND THE BUILDING PERMIT AND REQUEST MR. MARLOW
REMOVE THE STRUCTURE OR GIVE THE CITY MANAGER A MEMO REGARD-
ING HIS OPINION ON THE VALIDITY OF THE ISSUANCE OF THE PERMIT.
IF THE LATTER IS THE CASE, THEN THE CITY MANAGER IS TO
ASK FOR THE CITY ENGINEER'S OPINION AS TO THE SAFETY OF THIS
STRUCTURE AND COUNCIL COULD THEN PROCEED TO TAKE THIS MATTER
BEFORE THE BOARD OF ADJUSTMENT WITHIN 30 DAYS.
ADDITIONAL DISCUSSION ITEMS COVERED WERE, CITY ATTORNEY'S
REPORT ON TALLAHASSEE TRIP RE: POLICE PENSION. SEWER PLANT,
KELLER CASE, UPCOMING REVIEW OF OCEAN WOODS FINAL STAGES AND
ATTORNEY SCOTT SITTING AS CITY'S REPRESENTATIVE AT THESE HEARINGS.
IT WAS SUGGESTED A WORKSHOP BE HELD ON OCEAN WOODS BEFORE
THE FINAL HEARING. CITY MANAGER REPORTED ON THE OCEANFRONT
NORTH
LOTAOF THE END OF WASHINGTON.
AT 10:01 P.M. MAYOR THURM MOVED MEETING ADJOURN. MRS. BOYD
SECONDED MOTION. MEETING ADJOURNED.
APPROVED THIS 6
OTIF MR
�. N Q 0 v , i" 0
DAY OF MA1„'H 1979.
i
COUNCIL MINUTES
2- 20-79
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