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Home My WebLink AboutMinutes 01-03-1984 Workshop and RegularCITY COUNCIL WORKSHOP AND REGULAR MEETING JANUARY 3, 1984 A COMBINED WORKSHOP AND REGULAR MEETING OF TIIE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. WAS HELD ON JANUARY 3, 1984 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR RUTHERFORD AT 7:30 P.M - INVOCATION AND .M.INVOCATIONAND PLEDGE OF ALLEGIANCE WERE LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS,J. CALVERT, J. FISCHETTI AND L. NICHOLAS. ALSO PRESENT WERE CITY MANAGER F. NUTT AND CITY ATTORNEY J. SCOTT. MR., WINCHESTER WAS OUT OF TOWN ON BUSINESS. MR. FISCHETTI MOVED TO WAIVE THE READING OF THE MINUTES OF DECEMBER 20, 1983. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 26-83 RE: PROVIDING REGULATIONS FOR LOT CLEARING, ESTABLISHING CODE CHAPTER 703' [SECOND READING AND PUBLIC HEARINGI MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING CODE CHAPTER 703 "LOT CLEARING"; DECLARING CERTAIN CONDITIONS OF PROPERTY TO BE A PUBLIC NUISANCE; PROVIDING NOTICE TO THE PROPERTY OWNER; PROVIDING FOR AN ADMINISTRATIVE REARING AND REVIEW PROVIDING OR THE RCE- MENTEOFR SAID SLINES' PROVIDING FOR RECORDS; O REPEALING ALL PORTIONS OF THE CODE IN CONFLICT IIEREWITII; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. 'IT WAS POINTED OUT BY THE CITY ATTORNEY THAT THE BEAUTI- FICATION BOARD COULD BE A LEVEL OF THE REVIEW PROCESS REGARDING LOT CLEARING BUT THE FINAL REVIEW MUST BE DONE BY THE COUNCIL. MOTION CARRIED UNANIMOUSLY.. ORDINANCE NO. 26-83 ADOPTED. AL ITEM 2• BUDI LDINGS NESTAB3 RE: BLISHING CODE CHAPTERS 62038 [SECOND LD READING AND PUBLIC IIBARINGI MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS, FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE CITY CODE BY ESTABLISHING A NEW CHAPTER TO BE ENTITLED "CHAPTER 623 SPECIAL INSPECTOR FOR THRESHOLD BUILDINGS"; BY DEFINING THRESHOLD BUILDINGS AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS OF THE SPECIAL INSPECTOR; ADOPTING FLORIDA CHAPTER 83-160 OF THE LAWS OF FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MRS. CALVERT SECONDED NOTION. COUNCIL HAD BEFORE. THEM A MEMO FROM ACTING BUILDING. OFFICIAL, if. KELLER, SUGGESTING AN AMENDMENT TO THE ORDINANCE BY DEFINING THE WORK "FABRICATION". DISCUSSION FOLLOWED. CITY COUNCIL M[=rlNG JANU,V2Y 3, 1984 PACE 1 OF 3 MAYOR RUTHERFORD MOVED TO AMEND THE ORDINANCE BY ADDING A NEW DEFINITION IN SEC.. 623.02„ AFTER GENERAL CONTRACTOR, TO READ AS FOLLOWS: "FABRICATION: DEFINED AS PERTAINING TO. THOSE FULLY ASSEMBLED COMPONENTS WHICH CONSTITUTE DESIGNED STRUCTURAL INTEGRITY AS. SHOWN BY ENGINEERING SPECIFICATIONS, (i.e. PILING PLACEMENT, READY TO POUR BEAMS -COLUMNS, SLABS, SHORING, ETC.).", MR. NICHOLAS SECONDED MOTION. DISCUSSION CONTINUED AND THE QUESTION WAS RAISED AS TO .THE STATE'S DEFINITION OF FABRICATION AND IF THE INTENT OF THE STATE STATUTE WOULD BE CHANGED BY THIS AMENDMENT. CITY ATTORNEY SCOTT RECOMMENDED COUNCIL POSTPONE THIS ITEM FOR TWO WEEKS IN ORDER TO ALLOW TIME TO RESEARCH WHAT THE STATE INTENDED REGARDING THE DEFINITION OF FABRICATION. MRS. CALVERT MOVED. TO POSTPONE TWO WEEKS. MAYOR RUTHERFORD SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 1-84 RE: AMENDING CODE .CHAPTER 547, BUILDING PERMIT FEES, BY PROVIDING FOR BUILDING PERMIT FEES SI%;FLAN REVIEW FEES AND SUBDIVISION OF LAND FEES FIRST READING AND PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CODE CHAPTER 547, "BUILDING PERMIT FEES," BY PROVIDING FOR BUILDING PERMIT FEES,, SITE PLAN REVIEW FEES, AND SUBDIVISION OF LAND FEES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;, PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. CITY MANAGER NUTT EXPLAINED THAT THIS ORDINANCE WILL BRING CAPE CANAVERAL MORE IN LINE WITH OTHER CITIES REGARDING DEVELOPMENT FEES. MOTION PASSED UNANIMOUSLY. ORDINANCE NO., 1-84 PASSED FIRST READING. ITEM 4. DISCUSSION RE: OFF -PREMISE RETAIL ALCOHOLIC BEVERAGE SALES ]CONTINUED FROM 12-20-B3 MEETING] CITY MANAGER NUTT EXPLAINED TO COUNCIL THAT IN MOST INSTANCES BEER AND WINE SALES ARE CONSIDERED TOGETHER. HOWEVER,, THE STATE STATUTE EXCLUDES OFF -PREMISE BEER SALES FROM THE LOCAL ZONING BUT NOT OFF -PREMISE WINE ,SALES. COUNCIL AGREED TO FOLLOW MR. NUTT'S RECOMMENDATION AND REFER THIS ISSUE TO THE .PLANNING AND ZONING BOARD FOR THEIR REVIEW AND RECOMMENDATION. NEW BUSINESS. ITEM 1. DISCUSSION RE: NOISE ORDINANCE SINCE MR. WINCHESTER HAD REQUESTED. THIS ITEM BE PLACED ON THE AGENDA, AND HE WAS NOT IN ATTENDANCE, COUNCIL AGREED TO POSTPONE THE DISCUSSION UNTIL NEXT WORKSHOP MEETING. CITY COUNCIL MEETING JANUARY 3, 1984 PAGE 2 OF 3, MICROFILMED 4-15-85 ADD—ON: DESIGNATING THE NAMES OF TWO STREETS/LANES IN THE CITY THAT HAD NOT BEEN PREVIOUSLY RECOGNIZED MRS. CALVERT MOVED FOR THE ABOVE ADD—ON ITEM. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. CALVERT EXPLAINED THAT SHE WOULD LIKE COUNCIL TO CONSIDER RECOGNIZING TWO PIONEERS OF THE CITY, MR. ALBERT PRAETORIUS AND THE LATE MR. WILLIAM EBERWEIN, BY NAMING THEIR STREETS AFTER THEM. DISCUSSION FOLLOWED. MRS. CALVERT MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR PERMISSION TO PLACE IDENTIFICATION SIGNS ON EBERWEIN ROAD AND PRATERIOUS LANE. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MR. NUTT RECAPPED THE CITY MANAGER' S REPORT WHICH IS ATTACHED TO THESE MINUTES. MAYOR RUTHERFORD REMINDED COUNCIL OF THE BREVARD LEAGUE OF CITIES ' MEETING. MR. FISCHETTI RAISED THE QUESTION ABOUT THE OLD CEMENT STREET MARKERS BEING PAINTED OR REMOVED. CITY MANAGER NUTT WILL LOOK INTO THIS MATTER. MR. FISCHETTI ALSO READ TO COUNCIL THE LETTERS HE HAD RECEIVED FROM WALGREENS AND K—MART. e' MRS. McGRAW, CHAIRMAN OF THE BEAUTIFICATION BOARD , WAS IN ATTENDANCE AND INQUIRED ABOUT THE STATUS OF THE BOARD' S PROJECTS REGARDING LIGHT POLE BRACKETS FOR THE FLAGS , THE BEACH CLEAN—UP PERSON AND THE DUMPSTERS ON THE CITY RIGHT—OF—WAY. THERE BEING NO FURTHER BUSINESS , THE MEETING WAS ADJOURNED AT 8 :37 P.M. APPROVED THIS 17 DAY OF JANUARY , 1984 . r / 9 M YOR Jr ATTEST: /I 1 1 P2IinL,32,-__---__ CICLERK SRp [THESE MINUTES WERE TRANSCRIBED BY SECRETARY, JAN LEESER] II CITY COUNCIL MEETING JANUARY 3, 1984 PAGE 3 OF 3 ADD-ON: DESIGNATING THE NAMES OF TWO STREETS/LANES IN TUE CITY THAT HAD NOT BEEN PREVIOUSLY RECOGNIZED MRS. CALVERT MOVED FOR THE ABOVE ADD-ON ITEM. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. CALVERT EXPLAINED THAT SHE WOULD LIKE COUNCIL. TO CONSIDERRECOGNIZING TWO PIONEERS OF THE CITY, MR. ALBERT PRAETORIUS AND THE LATE MR. WILLIAM EBERWEIN, BY NAMING THEIR STREETS AFTER THEM. DISCUSSION FOLLOWED. MRS. CALVERT MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR, PERMISSION TO PLACE IDENTIFICATION SIGNS ON EBERWEIN ROAD AND PRATERIOUS LANE. MR. NICHOLAS SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. DISCUSSION MR. NUTT RECAPPED THE, CITY MANAGER'S REPORT WHICH IS ATTACHED TO THESE MINUTES. MAYOR RUTHERFORD REMINDED COUNCIL OF TUE BREVARD LEAGUE OF CITIES'. MEETING. MR. FISCUETTI RAISED THE QUESTION ABOUT THE OLD CEMENT STREET MARKERS BEING PAINTED OR REMOVED. ,CITY MANAGER NUTT WILL LOOK INTO THIS MATTER. MR. FISCUETTI ALSO READ TO COUNCIL THE LETTERS HE HAD RECEIVED FROM WALGREENS AND K -MART. MRS. MCGRAW, CHAIRMAN OF TUE BEAUTIFICATION BOARD, WAS IN ATTENDANCE AND INQUIRED ABOUT THE, STATUS OF TUE BOARD'S PROJECTS REGARDING LIGHT POLE BRACKETS FOR THE FLAGS, THE BEACH CLEAN-UP PERSON AND THE DUMPSTERS ON THE CITY RIGHT-OF-WAY. THERE BEING NO FURTHER BUSINESS, THE. MEETING WAS ADJOURNED AT 8:37 P.M. APPROVED THIS 17 DAY OF JANUARY , 1984. f / 6 6, _ Qw wo/, I 1� - - MAYOR 0 1 V/ ATTEST; ' rlc" ILI CITY CLERK [THESE MINUTES WERE TRANSCRIBED BY SECRETARY, JAN LEESER] CITY COUNCIL MEETING i7LI IRY 3, 1984 PACE 3 OF 3 City of Cape Canaveral IOSPOLKAVENUE CAPE CRNA -'. PEONIOA 0;920 P.O. BO]06 ' TELEPHONE 305 7011100 January 3, 1984 M E MO R A ND U M TO: Mayor. and City Council FROM: City Manager RE:_ CITY MANAGER'S REPORT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1. Last week we discovered patches of petroleum products, .probably hydraulic fluid or diesel fuel, on our streets, particularly in Harbor Heights. 'The Harbor Heights area shows the greatest impact since the. asphaltis new and has not hardened to the degree of the streets in other areas. We are monitoring the. area for possible deterioration of the asphalt surface. In all probability, the fuel or fluid was dropped from a Western Waste refuse truck, as the patterns follow it's route and a Western Waste truck was observed leaking fluid. lie have notified Western Waste of the problemand advised them that they may be liable should damages occur. I will keep you infomed as developments occur. 2. Inspector George Wilson of the Sheriff's Department and I have been selectedto participatein a Disaster Preparedness Seminar sponsored by the International City Management Association and conducted by the Federal Emergency Management Agency. The course will be held January 9th through 11th at the Emergency Management Institute in Emmitsburg, Maryland. Travel expenses will be paid by FEMA. While I am at the seminar, Pat Beaulieu will be Acting City Manager. 3. I will be conducting interviews this week and next for the Building Official Position and I hope to be able to make an appointment shortly thereafter. rederick C. Nutt City Manager FCN:jl ATTACHMENT TO COUNCIL MINUTES OF JANUARY 3, 1984