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HomeMy WebLinkAboutMinutes 06-05-1984CITY COUNCIL REGULAR MEETING JUNE 5, 1984 THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, HELD A REGULAR MEETING ON JUNE 5, 1984 AT CITY HALL,105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR WAYNE RUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE DEPUTY CITY CLERK. 'OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, MAYOR PRG TEM J. CALVERT,. COUNCIL MEMBERS J. FISCHETTI, L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE CITY MANAGER F. NUTT, CITY ATTORNEY J. SCOTT AND DEPUTY CLERK J.LEESER. MRS., CALVERT. MADE A MOTION TO APPROVE THE MINUTES OF MAY15, 1984. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNAMIOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 11-84 AMENDING ZONING CODE SECTION 637.47 RE: OFF-PREMISE CONSUMPTION OF BEER AND WINE (SECOND READING 6 PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS, OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 637.47 BY ESTABLISHING THE RETAIL SALE OF BEER AND WINE AS A PRIN- CIPAL USE IN A C-1 ZONING DISTRICT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;. PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION.' MAYOR RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO, 12-84 RE: PERSONNEL POLICY, REPEALING CODE CHAPTERS 351 AND 361, REPLACING WITH NEW CODE CHAPTER 351 (FIRST READING &PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS'FOLLOWS: AN ORDINANCE. OF THE CITY OF CAPE CANAVERAL,FLORIDA, REPEALING CHAPTERS 351 AND 361 OF THE. CODE OF ORDINANCES AND REPLACING THEM WITH CHAPTER 361, "PERSONNEL POLICY".; ESTABLISHING A PERSONNEL POLICY;. PROVIDING FOR PROCEDURES AND ADMINISTRATION OF THE PERSONNEL POLICY; ADOPTIONG A PERSONNEL POLICY AND PROCEDURES MANUAL; REPEALING ALL PORTIONS OF THE CITY, CODE IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR APPROVAL. OF FIRST READING. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MINUTES JUNE 5, 1984 PAGE 1 OF 3 ■ NEW BUSINESS ITEM 1. RESOLUTIONS NO. 84-20 CANAVERAL BEACH GARDENS RE- SURFACING PROJECT ADOPTING ASSESSMENT PLAT AND PLANS DETERMINING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES AND FILING ASSESSMENT ROLL MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION DETERMINING TO MAKE CERTAIN LOCAL STREET IMPROVEMENTS IN THE CANAVERAL. BEACH GARDENS RESURFACING PROJECT. IN THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE ASSESSMENT PLAT AND PLANS AND SPECIFICATIONS SUBMITTED BY CITY ADMINISTRATION; DETERMINING TO DEFRAY THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST THE .PROPERTIES BENEFITED THEREBY; AND DIRECTING CITY ADMINISTRATION TO MAKE AND FILE WITH CITY COUNCIL AN ASSESSMENT ROLL COVERING SUCH LOCAL STREET IMPROVEMENTS;PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR WINCHESTER SECONDED MOTION. .DISCUSSION FOLLOWED. CITY MANAGER NUTT ADVISED COUNCIL THAT HE HAD CONTACTED THE SCHOOL BOARD REGARDING THEIR ASSESSMENT BUT THEY HAVE NOT RESPONDED. VOTE ON THE MOTION WAS UNANIMOUS., RESOLUTION NO. 84-20 'ADOPTED. ITEM 2. MOTION RE:. CITY MANAGER'S SALARY 'MAYOR RUTHERFORD' MOVED TO INCREASE THE CITY ,MANAGER'S SALARY TO $32,000 ANNUALLY. MR. FISCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. MR. WINCHESTER EXPRESSED THE OPINION THAT ALTHOUGH AN INCREASE WAS WARRANTED, THE PROPOSED AMOUNT WAS TOO GREAT. VOTE ON THE MOTION. WAS AS FOLLOWS.' IN FAVOR, MAYOR RUTHERFORD, MRS. CALVERT, MR. FISHCETTI. AND MR. .NICHOLAS. OPPOSED, MR. WINCHESTER. MOTION CARRIED. ADD-ON ITEM: RESOLUTION NO. '84-21 QUIT -CLAIM DEED TO CAMPIONE CONSTRUCTION RE: SEASHELL LANE MAYOR RUTHERFORD MOVED TO ADD AN ITEM TO THE AGENDA. 'MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE MAYOR AND DEPUTY CITY CLERK TO 'EXECUTE A QUIT -CLAIM DEED TO CAMPIONE CONSTRUCTION COMPANY„ INC. FOR THE PROPERTY NOW KNOWN AS SEASHELL LANE; RESERVING INGRESS AND EGRESS EASEMENTS; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO ADOPT. RESOLUTION NO. 84-21. MAYOR RUTHERFORD SECONDED MOTION. MR. JIM, THERIAC,. APPOINTED SPECIAL CITY ATTORNEY, WAS IN. ATTENDANCE AND EXPLAINED THE SEASHELL LANE PROBLEM TO THE COUNCIL. CITY COUNCIL MINUES JUNE 5, 1984 PAGE 2 OF 3 MICROFILM. ED 4-15-85 ACCORDING TO A SURVEY DONE BY BREVARD ENGINEERING IN 1972, THE SOUTHERN PORTION OF SEASHELL LANE IS LOCATED ON CAMPIONE' S PROPERTY. THIS POSES A PROBLEM TO THE CITY OF PROVIDING INGRESS AND EGRESS TO THE HOUSE WHICH IS LOCATED BETWEEN HARBOR HEIGHTS AND OCEAN WOODS IN THIS AREA. MR. THERIAC PROPOSED TO THE CITY COUNCIL THAT THE CITY QUIT-CLAIM THIS PORTION OF SEASHELL LANE TO CAMPIONE CONSTRUCTION COMPANY AND HAVE CAMPIONE CONSTRUCTION COMPANY GIVE THE CITY A 24 ' EASEMENT FOR INGRESS AND EGRESS. MR. THERIAC FURTHER EX- PLAINED THAT IT WAS HIS OPINION THAT THIS WOULD BE THE SIMPLEST AND LEAST EXPENSIVE SOLUTION TO THE PROBLEM. DISCUSSION FOLLOWED. IT WAS POINTED OUT THAT SURVEYS WERE ALSO DONE BY GHQ AND GARCIA. IT WAS THE CONSENSUS OF COUNCIL THAT THEY WOULD LIKE TO SEE ALL THE SURVEYS BEFORE MAKING A DECISION. ALSO, THAT THE PROPERTY OWNER IN QUESTION SHOULD BE NOTIFIED. MRS. CALVERT MOVED TO POSTPONE UNTIL THE NEXT REGULAR MEETING. MR. NICHOLAS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. DISCUSSION CITY MANAGER NUTT EXPLAINED TO COUNCIL THAT THE CITY NEEDS TO DO A REVIEW OF ALL CITY EASEMENTS, RIGHTS-OF-WAY AND DEDICATIONS. IN RESPONSE A QUESTION FROM MR. WINCHESTER, CITY ATTORNEY SCOTT INFORMED COUNCIL THAT THE FINAL HEARING ON THE BOTTLE CLUB LAWSUIT WILL BE IN JULY AND THAT WE ARE AWAITING THE APPELLATE TO BE SET ON THE LONGPOINT ROAD LAWSUIT. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8: 30 P.M. APPROVED THIS 19th DAY OF June , 1984. API ,/ inc.AA 'I ‘rfP Af MAYO d ' ATTEST: Ic Depu/1 CI CLERK CITY COUNCIL MINUTES JUNE 5, 1984 PAGE 3 OF 3 ' ACCORDING TO A SURVEY DONE BY BREVARD ENGINEERING. IN 1972, THE SOUTHERN PORTION OF SEASHELL LANE IS LOCATED ON CAMPIONE'S PROPERTY. THIS POSES A PROBLEM TO THE CITY OF. PROVIDING INGRESS AND EGRESS TO THE HOUSE WHICH IS LOCATED BETWEEN HARBOR HEIGHTS AND OCEAN WOODS IN, THIS AREA. MR. THERIAC PROPOSED TO THE CITY COUNCIL THAT THE CITY QUIT -CLAIM THIS PORTION OF SEASHELL LANE TO CAMPIONE CONSTRUCTION COMPANY AND HAVE CAMPIONE CONSTRUCTION COMPANY GIVE THE CITY A 24' EASEMENT FOR INGRESS AND. EGRESS. MR. .THERIAC FURTHER EX- PLAINED THAT IT WAS HIS OPINION THAT THIS WOULD BE THE SIMPLEST AND LEAST EXPENSIVE SOLUTION TO THE PROBLEM. DISCUSSION FOLLOWED. IT WAS POINTED OUT THAT SURVEYS WERE ALSO DONE BY GHQ AND GARCIA.. IT WAS THE CONSENSUS OF COUNCIL THAT THEY WOULD LIKE TO SEE ALL THE SURVEYS BEFORE MAKING A .DECISION. ALSO, THAT THE PROPERTY OWNER IN QUESTION SHOULD BE NOTIFIED. MRS. CALVERT MOVED TO POSTPONE UNTIL THE NEXT REGULAR MEETING. MR. NICHOLAS SECONDED MOTION. MOTION PASSED UNANIMOUSLY. DISCUSSION CITY MANAGER NUTT. EXPLAINED TO 'COUNCIL THAT THE CITY NEEDS TO DO A REVIEW OF ALL CITY EASEMENTS, RIGHT$ -OF -WAY AND DEDICATIONS. IN RESPONSE A QUESTION FROM, MR. WINCHESTER, CITY ATTORNEY SCOTT INFORMED COUNCIL THAT THE FINAL HEARING ON THE BOTTLE CLUB LAWSUIT WILL BE IN JULY AND THAT WE ARE AWAITING THE APPELLATE, TO BE SET ON THE LONGPOINT ROAD LAWSUIT - THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:30 P.M. ' APPROVED 'PHIS 19th DAY OF June 1984 4MAO / Z ATTEST: CIP CLERK JUNE IL 5,1984 M1SINUCfS PAGE 3 OF 3