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HomeMy WebLinkAboutMinutes 05-01-1984' CITY COUNCIL REGULAR MEETING MAY 1, 1984 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS FIELD ON MAY 11 1984,, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR WAYNE RUTHERFORD AT 7:30 P.M, INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED DY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE DEPUTY CLERK. OFFICIALS PRESENT {DERE MAYOR W- RUTHERFORD, MAYOR PRO TEM J. CALVERT, COUNCIL MEMBERS J. FISCHETTI, L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE .CITY MANAGER F. NUTT, CITY ATTORNEY J. SC0TT AND DEPUTY CITY CLERK J. LEESER• 1984• MRS. CALVERT MOVED TO APPROVE TI IG MINUTES OF APRIL 17, MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME, MR. NICHOLAS MOVED TO CONSIDER ITEM 1 UNDER NEW BUSINESS. MRS. CALVERT SECONDED MOTION. MOTION CARRIED 'UNANIMOUSLY4-12 . ITEM 1• pINANCINGNOFOSANITARYASEWERI REVENUE CERTIZING SHORT FICATES MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000.00 1984 SANITARY SEWER REVENUE TN CERTIFICATE ANTICIPATIONN ONOOTOSSANITARYSEWER ANTICIPATION OF THE ISSUANCE OF $2, PREVENUE ROVISIONS ROFFTHE T AMENDING RESOLUTIONAUTHORIZINGOTHER ISSUANCE OF SUCH CERTIFICATES AND PROVIDING FOR AN EFFECTIVE DATE. MAYOR. RUTHERFORD MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. VICE-PRESIDENT OF HOUGH AND COMPANY, WAS IN MITCfi OYlENS, TIME- MR. OWENS EK- ATTENDANCE AND SPOKE TO COUNCIL AT THIS PLAINED THAT THIS RESOLUTION WAS SIMILAR TO THE RESOLUTION ADOPTED IN 1983, THE MAJOR DIFFERENCE BEING THE AMOUNT OF THE NOTE WHICH WAS NOW $1,500,000 AT AN INTEREST RATE OF 9.258 FOR A PERIOD OF ONE YEAR. DISCUSSION FOLLOWED. CITY COUNCIL MINUTES MAY 1, 1984 PAGE 1 OF 6 PLUS ATTACHMENT • 1 MR. OWENS NOTED THE ADDITIONS AND CHANGES TO THE EXHIBITS ATTACHED TO THE RESOLUTION THAT COUNCIL HAD BEFORE THEM IN ORDER TO FILL IN THE BLANKS .THAT WERE IN THE DOCUMENTS SUB- MITTED BY THE BOND COUNSEL..". THE CITY MANAGER, MAYOR AND CITY COUNCIL ACKNOWLEDGED THE EFFORTS AND COOPERATION OF MR. OWENS IN REPRESENTING THE CITY IN SECURING THE FINANCING. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 84-12 CARRIED UNANIMOUSLY. MR. OWENS INFORMED COUNCIL THAT THE CLOSING WOULD TAKE PLACE ON THURSDAY, MAY 3, 1984 AT THE FIRST BANKERS ON MERRITT ISLAND, AT 11:00 A.M. UNFINISHED BUSINESS PTER 503, ITEM 1. ORDINANCE NO. 7-84 , AMENDING CODE CFIA SUBDIVISION OF LAND SECOND READING AND PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 503, "SUBDIVISION OF LAND", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING SECTIONS503.01, . 503.07, AND 503.08; O 503.08; AND REPLACING WITH SECTION 503.01 "DECLARATION OF PURPOSE", SECTION503.02 "DEFINITIONS", SECTION 503.03 "PRELIMINARY PLAT", SECTION 503.05, "PROCEDURE FOR APPROVAL OF FINAL, PLAT", SECTION 503.07 "PRELIMINARY PLAT APPROVAL, .PLATS AND DATA", SECTION 503.08 "PLATS AND DATA FOR CODE INACONFLICTAHEREWITH; PROVIDING ANEPEALING ALL IONS OF E EFFECTIVE DATE. MR.. NICHOLAS MOVED FOR ADOPTION. 'MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 7-84 WAS ADOPTED O SECOND READING. ITEM 2. ORDINANCE NO. 8-84, APIENDING ZONING CODE SEC. 632.01 BY ADDING DEFINITIONS FOR RIGFIT-OF-IJAY, EASEMENT ANO DEDICATION SECOND READING 6 PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING ZONING CODE SECTION 623.01, "DEFINITIONS" BY ADDING DEFINITIONS OF DEDICATION, EASEMENTS AND CONFLICT ._WAY' EREWITH; PROVIDING PANTIONS OF FF EFFECTIVE DATE. IN MRS. CALVERT MOVED FOR. ADOPTION. MR. WINCHESTER SECONDED MOTION. IT WAS NOTED THAT THERE WAS A TYPO IN THE TITLE.. MAYOR RUTHERFORD MOVED TO AMEND THE SECTION NUMBER IN THE TITLE TO READ SECTION 632.01. MR. WLNCFIESTER SECONDED MOTION.. MOTION CARRIED UNANIMOUSLY. ' CITY COUNCIL MINUTES "Contract of Purchase is MAY 1, 1984 attached to these amtcs PAGE 2 OF 6 PLUS ATTACHMENT VOTE ON THE MAIN MOTION, TO ADOPT ORDINANCE NO. 8-.84 CARRIED UNANIMOUSLY'. ITEM 3. ORDINANCE NO. 9-84 AMENDING ZONING CODE BY ADDING SEC. 645..05A(4) REQUIRING PRELIMINARY PLAT PLAN APPROVAL PRIOR TO SITE PLAN APPROVAL SECOND READING 6 PUBLIC t1EARING MAYOR RUTHERFORD READ .THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ZONING CODE SECTION 645.05 BY 'ADDING 645.05A(4) REQUIRING PRELIMINARY PLAT PLAN APPROVAL PRIOR TO SITE PLAN APPROVAL; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. ORDINANCE NO. 10 - NI 84' MENDING ZONING CODE SEC. 639.27 BY DEFING AND ESTABLISIIING REQUIREMENTS FOR WALLS SECOND READING AND PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF TIME ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CITY CODE CHAPTER 630, ZONING CODE, OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION' 639.27 BY REPEALING IT IN. IT'S ENTIRETY AND REPLACING WITH A NEW SECTION 639.27;. BY AMENDING SECTION 632.01 BY ESTABLISHING THE DEFINITION FOR WALL, CONCRETE BOUNDARY; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT. HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MR. NICHOLAS NOTED THAT THE ORDINANCE SHOULD ADDRESS ALL WALLS AND THEREFORE MOVED TO hMEND SECTION 3,(3) BY DELETING TIME WORDS "CONCRETE BOUNDARY" AND.. AMEND SECTION 5,(5) BY DELETING THE WORD "CONCRETE". MAYOR RUTHERFORD SECONDED MOTION.' MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 2. ORDINANCE NO. 11-84 AMENDING ZONING CODE SEC. 637.47 AND SEC. .637.5 RE: OFF -PREMISE CONSUMPTION OF BEER AND WINE tPERMISSION TO ADVERTISE 'MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 620, ZONING REGULATIONS, OF TIME CITY OF CAPE CANAVERAL, FLORIDA, BY MENDING 'SEC. 637.47 BY ESTABLISIIING TIME RETAIL SALE OF BEER AND WINE AS A PRINCIPAL USE IN A C-1 ZONING DISTRICT; REPEALING ALL PORTIONS OF TIME CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MINUTES MAY 1, 1984 PAGE 3 OF 6 PLUS ATTACHMENT MR. NICHOLAS MOVED TO ADVERTISE THIS ORDINANCE. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION N0. 84-13 APPOINTMENT OF BOARD OF ADJUSTMENT MEDIBER MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. MICHAEL MARCHETTI, WAS APPOINTED AS SECOND ALTERNATE MEMBER To TUE BOARD OF ADJUSTMENT. ITEM 4. RESOLUTION N0. 84-14 APPOINTMENT OF BEAUTIFICATION BOARD MAYOR RUTHERFORD READ TIIE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION APPOINTING MEMBERS TO THE BEAUTIFICATION BOARD; PROVIDING AN EFFECTIVE DATE. MR.. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. WINCHESTER AND MRS. GALLAGHER WERE RE -APPOINTED TO THE BEAUTIFICATION BOARD. ASS SSMENT ESCRIBING ITEM S•, CRESOLUT10N 85-15RITERIA P ROCANAVERALRBEACH GARDENS E RESURFACING PROUKIVI MAYOR RUTHERFORD READ TIIE TITLE OF THE RESOLUTION AS FOLLOWS: IA TO RESOLUTION USED IN ASSRSSINGBABUTTING ING S LANDTOWNERSR BEUNDER THE CITY'S STREET IMPROVEMENT ASSESSMENT PROJECT; ESTABLISHING METHOD OF PAYMENT; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. FIRS. CALVERT SECONDED MOTION. CITY MANAGER F. NUTT EXPLAINED THAT THIS WAS THE SECOND IN THE SERIES OF RESOLUTIONS THAT NEED TO BE ADOPTED FOR THE RESURFACING PROJECT. VOTE ON THE MOTION WAS UNANIttOUS. RESOLUTION NO. 84-15 ADOPTED. ITEM 6. RESOLUTION OUTDOOR Sp RATE By N FLORIDA OF CIAL POWERAND LIGHT CITY COUNCIL MINUTES MAY 1, 1984 PAGE 4 OF 6 PLUS ATTACIDIF14T MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION OBJECTING TO THE PROPOSED ELIMINATION BY FLORIDA POWER 6 LIGHT OF THE SPECIAL RATE FOR OUTDOOR SPORTS LIGHTING CALLED OS -2 RATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED 'MOTION.MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION REF ESTABLISHING RATES FOR SUMMER I RECREATION PROGRAM MAYOR RUTHERFORD MOVED TO APPROVE THE RATES AS SUBMITTED BY THE RECREATION BOARD. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.' MAYOR RUTHERFORD NOTED THAT THE RATES FOR THE SUMMER RECREATION PROGRAM WOULD INCREASE $1.00 PER WEEK. ITEM B. MOTION RE: PEDDLER'S LICENSE FOR "SAVE -A -LIFE" MS. JUDITH MOORE WAS IN ATTENDANCE AND EXPLAINED TO COUNCIL THAT THEY HAD CHANGED THEIR BROCHURE AS FOLLOWS: .THEY WILL NOT PAINT ANY NUMBERS IN FRONT OF HOUSES THAT DO NOT WANT THEM; THEY GIVE A 508 DISCOUNT. TO VETERANS AND 'SENIOR CITIZENS; THEY REWORDED THE BROCHURE TO CLARIFY THAT THE SERVICE IS ,OPTIONAL. MAYOR RUTHERFORD MOVED TO GRANT THE PEDDLER'S LICENSE. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ADD-ON ITEM: RESOLUTION NO. 84-17 RE: SCUTTLING -A VESSEL TO BE USED AS AN ARTIFICIAL REEF MAYOR RUTHERFORD MOVED TO ADD AN ITEM TO THE AGENDA .RE- GARDING SCUTTLING TUE SCANDINAVIAN SEA CRUISE LINER AND USING IT AS AN ARTIFICIAL REEF. MR. NICHOLAS SECONDED MOTION. VOTE ON THE MOTION TO. ADD THIS ITEM TO THE AGENDA WAS UNANIMOUS. CITY ATTORNEY J. SCOTT EXPLAINED THAT, IN LIEU OF THE FACT THAT THE SCANDINAVIAN SEA HAD BEEN SOLD, IT WOULD BE BEST TO REWORD THE RESOLUTION. MAYOR RUTHERFORD MOVED TO ADOPT RESOLUTION NO. 84-17 WITH THE WORDS "SCANDINAVIAN SEA" BEING REPLACED WITH "ANY AVAILABLE VESSEL". MRS., CALVERT SECONDED MOTION: DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS. CITY COUNCIL MINUTES MAY 1, 1984 PAGE 5 OF 6 PLUS ATTACHMENT 4-15-85 DISCUSSION MR. WINCHESTER DISCUSSED THE QUALIFICATIONS OF THE SPECIAL THRESHOLD INSPECTOR AND THE CITY' S POSTURE TOWARD THOSE QUALIFICATIONS AND ADVOCATED A MORE STRINGENT POSTURE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9 : 00 P.M. APPROVED THIS 15th DAY OF May , 1984 . ( 1 . L , yore ATTEST: C ty Clerk 1 CITY COUNCIL MINUTES MAY 1, 1984 PAGE 6 OF 6 PLUS ATTACHMENT DISCUSSION MR. WINCHESTER DISCUSSED THE QUALIFICATIONS OF THE SPECIAL THRESHOLD INSPECTOR AND THE CITY'S POSTURE TOWARD THOSE QUALIFICATIONS AND ADVOCATED A MORE STRINGENT POSTURE. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:00 P.M.., APPROVED THIS 15th DAY OF ` May ,1984. c � ptayor v ATTEST:., �i.��9NfL C�,ty Clerk CITY COUNCIL MINUTES MAY 1, 1984 PAGE 6 OF 6 PLUS ATTACHMENT • CONTRACT OF PDRCHASE DATE: Nay 3, 1984. City of Cape Canaveral Cape Canaveral, Florida Gentlemen: County and The First Indian River have been The First Bankers of the I], purchaser"), author- N.A. (collectively, "City") Bankers, of Cape Canaveral (the amended on December advised that the City1981, 1,. ized, y 1983, and further amended on I 000 b a mended on jUne dated7, 1983, 19 the issuance of $2, 11, 1981, the "Resolution"), a parity with the 1984 (collectively, on "Certi£i- Sanitary Sewer Revenue Certificates and $1,350,000 Sanitary Sewer Revenue 65 (the Certificates Certificates") tate,") issued by the City Sewer Revenue Certificate certif- the issuance of $1,500,000 1984 Sanitary f the issuance of Anticipation Notes in an The la 10Note sn and Certificates will saide issued sanitary icates (the "Notes"). rovements to a to finance a portion o£ the cost of imp secured stem of the City. (hereinaf ter re fe reed from a d e Sys - sewer sy a able solely the tem'). The Certificates are to be p Yre enues taxes by a lien upon and pledge of the ne troceeds of the excise m operation of the system and from the P union and subordi as described in the Resolution. Such lien is. CerNotes will.1 be and nate to other liens as described in Che NOf the Certificates caul when issued in anticipation thethproceu snc o£o£ shall be payable from a lien on the revenues proceeds of the excise taxes, which 1965 issued. The Notes shall also be secured Y nd the lien of the System and the P Of to redeem in Part shall be subordinatur ose tof tthe Dlo tes Cis talsoato d Certificates. The p P Sewer Aevenue Certificate the 'City's $1,800,000 1983 Sanitary Anticipation Notes. oti- The Note Purchaser offers to purchase the llotes at itions a t forth ,ted ,ale at the price on the terms and conditions able rtos you, Y° r herein. I£ the provisions .hereof are Pn provided in execution and delivery hereof to the undersigned sha11 constitute an agreement to sell theClotes to the undersigned as p the following sections. hereof. aggregate he �_' of City Will issTheue t Notes help proceeds limited the Section 1. The City principal amount a able solely .from on the of the City, P and will be secured by a lien obligation. the excise taxes, as Certificates, when issued, proceeds of revenues of the System and the p described in the Resolution. The Notes will bear interest at t e rate determined. as set forth below• Attachment to Council Plinutes 5-1-84 - Page 1 of 4 The rate of. interest on the Notes maturing on May. 10, 1985, t on and thhe Notes maturing on e rate °WhichereB interest tshall be paid semian- shall be 9.25% and be 9.50%, May 10, 1906, 1984, and the tenth rincip f nually on the tenth day of November, the outstanding p each .May and November thereafter on balance of the Notes. aid as follows' The principal of the Notes shall be rep The Notes shall be issued in regi ow, form in the maturi- ties and in the amounts as indicated below: Bank Amount Maturity May 10, 1986 The First Bankers of Indian $ 50,000 River County May 10, 1985. The First Bankers of Indian 450,000 River County May 10, 1985 The First. Bankers, N.A. 1,000,000 par plus interest The Motes shall redeemable at any time at p accrued and unpaid. the Section 2. The City will sell to the Lin accordance ote rwith the purchase from the City, the principal amount Note Purchaser will he Notes at /. provisions hereof, thereof.urchase the Section 3. The Note Purchaser's obligation to P Notes is conditioned on the ,following: (1) The Notes, and all other documents to be .and dtol the Note the closing shall 'be other the .City Purchaser. (2) The rI°t eloridal or delivsuche1other Placed to the e as te Piss mutually Merritt Island, against payment satisfactory. to the City and the Note Purchaser, in immediately available funds., Sanitary Sewer Revenue (3) The City's $1,800,000 deemed or other - 1983 Certificate Anticipation Notes shall have been re wise paid in full.3 (4) Delivery of the Notes Tbefore be made on or eed upon by theCityy and the. 1984 or such later date as may be ag .Note Purchaser. Section 4. All expenses of issuing the Notes shall be paid out o£ legally All funds of the City, Ma the an lbyW the Section�5• ng Whic)N�Te resentations e Purchaser emay ybe relied up representations, p City and by bond counsel: Council Minutes -2- Attachment to Goon 5_l_g.l - Page 2 of 4 (A) the Note Purchaser has full power and authority to execute this agreement, to purchase the Notes as herein provided, and to make the representations set forth in this Section 5 of this Contract of Purchase; (B) the Note Purchaser is aware: (1) that investment in the Notes involves various risks; (ii) that the Notes are not general obligations of the City; and (iii) that the principal of, .premium, if any, and interest on the Notes is payable solely from the sources specified in the Notes and in the Resolution; (C) the Note Purchaser has made such independent investigation of the plans and specifications for the improvements to the System as the Note Purchaser, in the exercise of sound business judgment, considers to be appropriate under the circum- stances; the Note Purchaser has had the opportunity to ask ques- tions of, and receive .answers from, officers of the City concerning the property comprising the System, the business and financial condition of the City, and to obtain such other informa- tion as the Note Purchaser deemed necessary to verify .the accuracy of the information referred to above and that the Note Purchaser has relied solely upon its independent investigation in making a decision to purchase the Notes; (D) the Note Purchaser has knowledge and experience in financial and business matters and is capable of evaluating the merits and the risks of its investment in the Notes and .that it can bear the economic risk of its investment in the Notes; (E) the Note Purchaser acknowledges its understanding that the Notes are not being registered under the Securities Act of 1933, as amended (the '1933 Act") or Chapter 517, Florida Statutes; (F) the Note Purchaser is not a bond house, broker or other intermediary, and it is purchasing the Notes as an invest- ment for its own account and/or for the account of affiliated banks under common control with Note Purchaser and not with a present view to a resale or other distribution to the public. The City may rely on this representation in the certification required by section 103(c) of the Internal Revenue Code of 1954, as amend- ed, and the regulations promulgated thereunder. In the event that the Note Purchaser proposes to resell or otherwise dispose of the Notes, such resale or other disposition shall comply with all then applicable laws. Except as otherwise expressly provided in this paragraph, the resale or other distribution of the Notes shall at all times be within the sole control of the Note Purchaser; Attachment to Council Minutes -3- 5-1-84 - Page 3 of 4 (0) the Note Purchaser has not paid and will not pay any bonus, fee, or gratuity to any "finder," within the meaning of Section 218.386, Florida Statutes, in connection with thesale of the Notes; Respectfully submitted, THE FIRST BANKERS OF INDIAN RIVER COUNTY By: Authorized Officer or Agent THE FIRST BANKERS, N.A. By: Authorized - Officer or Agent 'Accepted: Attest: CITY OF CAPE CANAVERAL City Clerk By. I•Iayor -4- Attachment to Council Minutes 5-1-84 - Page 4 of 4