HomeMy WebLinkAboutMinutes 02-19-1985CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1985
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD, ON FEBRUARY 19, 1985, AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO 'ORDER AT 7130 P.M... BY MAYOR WAYNE
RUTHERFORD.INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY
MAYOR RUTHERFORD.
THE ROLL WAS CALLED BY. THE CITY CLERK. OFFICIALS PRESENT WERE
MAYOR W. RUTHERFORD, MAYOR PRO TEM J. WINCHESTER,` COUNCIL MEMBERS
J. FISCHETTI, M. MARCHETTI AND L. NICHOLAS. ALSO PRESENT WERECITY
MANAGER F.'NUTT, CITY ATTORNEY J. SCOTT, CITY CLERK J.'LEESER,
AND SERGEANT -AT -ARMS, DEPUTY FLANNIGAN.
MR. WINCHESTER MOVED TO APPROVE THE MINUTES OF: THE REGULAR
MEETING OF FEBRUARY 5, 1985.. MR. MARCHETTI SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.'
UNFINISHED BUSINESS
ITEM 1. ORDINANCE N0. 1-85 AMENDING CHAPTER 265 CODE
ENFORCEMENT 80 RD ESTABLISHING ALTERNATE MEMBERS
N THE BOARD SE ND READING AND PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS8
AN ORDINANCE AMENDING CODE CHAPTER 265, "CODE
ENFORCEMENT HOARD", OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
ESTABLISHING POSITIONS FOR TWO ALTERNATE MEMBERS
ON THE BOARD; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION.VOTE ON THE NOTION. WAS UNANIMOUS. ORDINANCE NO. 1-85
WAS ADOPTED,
ITEM 2. ORDINANCE NO. 2-85 AMENDING ZONING ORDINANCE SECTION
637.35, WING HOTELS MOTELS IN A R-3 ZONE BY
SPECIAL EXCEPTION ISECOND READING AND 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 637.35,
ALLOWING HOTELS/MOTELS IN A R-3 ZONE BY SPECIAL
:EXCEPTION;. PROVIDING CRITERIA FOR THAT SPECIAL
EXCEPTION; REQUIRING A MINIMUM ACREAGE OF TEN
(10) ACRESF REQUIRING BUILDING BE CONSISTENT
WITH C-1 BUILDING REQUIREMENTS; REPEALING ALL
PORTIONS OP THE CODE IN CONFLICT HEREWITH;
:PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. HR.. MARCHETTI SECONDED
MOTION.
CITY COUNCIL RQIAAR MEETING
FEORUW 19, 1985
PAGE 1 OF 10
MAYOR RUTHERFORD READ THREE LETTERS WHICH HE HAD RECEIVED
PCGARDING THIS ORDINANCE.
NUMEROUS CITIZENS SPOKE AGAINST THE PROPOSED ORDINANCE, INCLunI*:G
MRS. JOAN CALVERT,, MR. TOM, DOLAN, MRS. BARBARA DEVEAU, MRS., HELEN
f1LKINS. AND MRS. ANN THURM.
MR. LEON NEWMAN AND MR. CAREY PRICHETT, DEVELOPERS OF A TRACT
Of LAND SOUTH OF JETTY PARK. WHICH WOULD BE AFFECTED BY THE PROPOSED
1111DINANCE, ADDRESSED COUNCIL. DISCUSSION CONTINUED,
VOTE ON TILE MOTION WAS ALL MEMBERS OPPOSED. ORDINANCE NO.
2-85 FAILED.
AT THIS TIME MAYOR. RUTHERFORD CALLED A FIVE-MINUTE, RECESS..
THE MEETING. WAS RECONVENED AT 9120 P.M.. -
MR. FISCHETTI MOVED TO ADDRESS ITEMS 4, 10, 11 AND 12 UNDER
NEW BUSINESS AT THIS TIME. MR. NICHOLAS SECONDED. MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 4. RESOLUTION NO. 05-9 RENEWAL OF GARBAGE AND REFUSE
AGREEMENT WITH WESTERN WASTE INDUSTRIES
MAYOR RUTHERFORDREAD THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORISING THE MAYOR AND CITYCLERK
OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO RENEW
.THE GARBAGE AND RUBBISH COLLECTION AGREEMENT
WITH WESTERN WASTE. INDUSTRIES,. INC.) PROVIDING
AN EFFECTIVE DATE.
MR. FISCHETTI MOVED FOR ADOPTION. MR. 14ARCHETTI SECONDED
MOTION.
MR. NICHOLAS` EXPLAINED THAT THIS RESOLUTION AUTHORIZED THE CITY
TO ENTER INTO A FIVE-YEAR RENEWAL WITH WESTERN WASTE INDUSTRIES
WITH THE ONLY CLAUSE FOR TERMINATION BEING NON-CONFORMANCE.
VOTE ON THE MOTION WAS UNANIMOUS.' RESOLUTION NO. '6579 WAS
ADOPTED.
' ITEM 10. MOTION RES APPOINTMENT OF.. CITY FIRE CHIEF
NR. FISCHETTI MOVED TO APPOINT ARTHUR RENFRO AS THE CITY FIRE
CHIEF. MR. MARCHETTI' SECONDED MOTION.
VOLUNTEER FIRE CHIEF,PAT LEE, ADDRESSED COUNCIL AND REINTERATED
THE VOLUNTEERS POSITION ON SEVERAL ITEMS, INCLUDING MEDICAL BACK-
UP CALLS AND THE VOLUNTEERS NOT WANTING TO SPLIT WITH. THE CITY,
HE EXPLAINED THAT HE FELT THE VOLUNTEER FIRE DEPARTMENT SHOULD HAVE
BEEN CONSULTED REGARDING THE TERMINATION OF THE FIRE SERVICE CONTRACT
CITY COUNCIL REGULAR MEETING
FEBRUARY 19, 1905
PAGE 2 OF 10
..1'1'11 i..':hVE:RAL PORT AUTHORITY. HE FURTHER NOTED THAT THE
"�,IxNTLER ORGANIZATION WAS NEGOTIATING THEIR OWN CONTRACT WITH THE.
ORT AUTHORITY TO PROVIDE FIRE PROTECTION SERVICE.
MAYOR RUTHERFORD .SUGGESTED THE 'CITY COUNCIL CONSIDER A
i ORMAL CONTRACT WITH THE VOLUNTEERS. DISCUSSION FOLLOWED,
SINCE THERE WAS A SPECIAL WORKSHOP MEETING SCHEDULED. FOR
IEHRUARY 21, 1985, To DISCUSS FIRE SERVICES, MAYOR RUTHERFORD MOVED
'PO TABLE. MR. NICHOLAS SECONDED MOTION. VOTE ON THE MOTION WAS
As F'OLLOWSz IN FAVOR, MR. NICHOLAS AND MAYOR RUTHERFORD, OPPOSED,
9R. FISCHETTI, MR. MARCHETTI AND MR. WINCHESTER. MOTION FAILED-
AFTER FURTHER DISCUSSION, MR. MARCHETTI MOVED, TO TABLE. MR.
i'1SCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY..
ITEM 11. MOTION REt ELIMINATION OF VOLUNTEER FIREFIGHTER'S
CALL PAY
FIR. MARCHETTI MOVED TO TABLE. MR. WINCHESTER SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 12. MOTION RE: AUTHORIZATION FOR CITY MANAGER TO CONDUCT
STUDY ON IMPACT FEE ANALYSIS FOR FIRE DEPARTMENT
LADDER TRUCK
MR. FISCHETTI SO' MOVED, 'MR. MARCHETTI SEONDED.
.DISCUSSION FOLLOWED. MR. FISCHETTI SUGGESTED THE. MAYOR APPOINT
A TRUCK COMMITTEE.' HE NOTED HE WOULD LIKE TO SERVE ON IT AND RE-
QUESTED SOME OF THE VOLUNTEER FIREFIGHTERS ALSO BE APPOINTED TO
THE COMMITTEE.' MAYOR RUTHERFORD REQUESTED, MR. FISCHETTI ESTABLISH
THE COMMITTEE..
CITY MANAGER NUTT EXPLAINED HE WOULD NEED AT LEAST.A MONTH
TO CONDUCT THE STUDY.
VOTE ON THE MOTION WAS UNANIMOUS, -
AT THIS TIME, COUNCIL ADDRESSED THE REMAINING ITEMS UNDER
' UNFINISHED BUSINESS.
ITEM 3. ORDINANCE N0.: 3-85 AMENDING CHAPTER 685 PARKING
REGULATIONS INCREASING ENALTIES FOR PARKING IN'
A HANDICAPPED SPACE SECOND READING AND PUB IC
EARING
MAYOR RUTHERFORD READ. THE. TITLE OF THE ORDINANCE AS FOLLOWS;
CITY Cmcm RBAIIAR MEETING'
FESfm Y 19, 1985
PAGE 3 OF 10
AN ORDINANCE AMENDING CODE CHAPTER 685,'
PARKING REGULATIONS, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY INCREASING PENALTIES FOR PARKING
IN A HANDICAPPED FACILITY BY ESTABLISHING
PARKING PENALTY FEES BY RESOLUTION; REPEALING
ALL. PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE, DATE.
MR. MARCHETTI MOVED. FOR ADOPTION. MR. NICHOLAS SECONDED
NOTION. DISCUSSION WAS HELD ON ENCOURAGING OLDER BUSINESS.
ESTABLISHMENTS TO MARK THE DESIGNATED HANDICAPPED PARKING PLACES.
VOTE. ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 3-85 WAS
ADOPTED.
ITEM 4. ORDINANCE NO. 4-85 AMENDING CHAPTER 622 PROHIBITING
LAN CLEARINGS BURNINGS SECOND READING'AND PUBLIC
HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CODE CHAPTER 622,, LAND
CLEARINGS BURNING, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
DELETING SECTIONS 622.02 AND 622.03 AND'
REPLACING WITH A NEW SECTION 622.02,;"LAND
CLEARINGS BURNINGS OF TRASH AND LAND COVER
PROHIBITED"t REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITHt PROVIDING AN
EFFECTIVE DATE.
MR, NICHOLAS MOVED ;FOR ADOPTION. MR. FISCHEI"TI SECONDED
MOTION.
CITY MANAGER F. NUTT ASKED FOR A, CLARIFICATION ON WHETHER.
ADOPTION OF THIS ORDINANCE NULLIFIES ALL OUTSTANDING BURN PERMITS.
CITY ATTORNEY SCOTT SUGGESTED THEY, BE ADDRESSED ON A CASE-BY-CASE
BASIS..
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 4-55 WAS
ADOPTED.
AT THIS TIME MR. WINCHESTER LEFT THE MEETING 'IN ORDER TO GO
TO WORK.
' ITEM 5. ORDINANCE NO. 5-85 AMENDING CITY CHARTER ARTICLE XX,
SECTION VIII BY DELETING THE MINI14TERN FOR
BONDS (SECOND READING AND PUBLICHEARING
MAYOR. RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWSt
AN ORDINANCE ARMING ARTICLE XX, SECTION
VIII, "SIGNING BONDS", OF THE CHARTER OF THE.
CITYOF CAPE CANAVERAL, FLORIDA, BY DELETING
THE MINIMUMTERM -FOR BONDS; BY CHANGING TILE
ALLOWABLE PAYMENT DATES; PROVIDING AN EFFECTIVE
DATE..
MR. NICHOLAS MOVED. FOR ADOPTION.' MR. MARCHETTI SECONDED NOTION.
ORDINANCE NO. 5-65 WAS ADOPTED.
CITY COUNCIL REGULAR MEETING
FEBIim 19, 1985
PAGE 4 OF 10
6. ORDINW:CE t70. 6-85 AMENDI;(, 203I":G CODE SEC. 632.01,
i1L DEFINITIONS OF "HOTEL" AND "MOTEL" ;FIRST READING
AND PUBLIC HEARING)
MAYOR RUTHERFORD READ. THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING. CHAPTER .630, "ZONING
REGULATIONS" OF THE CODE OF ORDINANCES
ESY P
THE CITY or CAPE CANAVERAL,
AMENDING SECTION 632.01, "DEFINITIONS";
'AMENDING THE DEPINITIONS OF "HOTEL". AND
"MOTEL'; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH;, PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI, SECONDED
'POTION.
CITY ATTORNEY SCOTT SUGGESTED COUNCIL POSTPONE THIS ITEM SINCE
IT IS BEING ADDRESSED BY THE PLANNING AND ZONING BOARD, THEREFORE,
:MAYOR RUTHERFORD MOVED TO POSTPONE UNTIL NEXT MEETING. MR.. MARCHETTI
sECONDED MOTION,. VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 7. ORDINANCE NO. 7-85 AMENDING ZONING CODE SEC. 639.21
BY ALLOWING SIGNS IN THE SETBACK SECOND READING AND
' PUBLI 'NEA ING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS'
AN ORDINANCE AMENDING CHAPTER 630, "ZONING
REGULATIONS";OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, FLORIDA, BY,
BYENDING ALLOWINGCSIGNS. IN THEETBACK SETBACK)CREPEALINGS~!
.ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH'
PROVIDING AN EFFECTIVE DATE.,
MR. FISCHETTI MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. ORDINANCE N0..7-85 WAS
ADOPTED,
ITEM S. ORDINANCE NO, 8-85 AMENDING ZONING CODE SEC. 640.09,
DECREASING DIMENSION OF TREES TOB PRESERVED'
ESTABLISHINGSEC 39 9 PRESERVATION OF TREES
IN ALL DISTRICTS (SECOND READING AND PUBLIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF. THE ORDINANCE AS. FOLLOWS9
AN ORDINANCE AMENDING CHAPTER 630, -ZONING
REGULATIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, FLORIDA, BY
AMENDING SECTION 640.09, "PRESERVATION OF
TREES (TOWNHOUSE DISTRICTI"; DECREASING TREE
DIAMETER' ESTABLISHING SECTION 639.59,
"PRESERVATION OF TREES IN ALL ZONES";
ESTABLISHING TREE DIMENSION; PROVIDING AN
EFFECTIVE DATE; REPEALING ALL PORTIONS OF
THE CODE INCONFLICT HEREWITH.
MR. MARCHETTI MOVED FOA ADOPTION. MR. NICHOLAS SECONDED.
MOTION. MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL F021 R MEETING
FEBRUARY 19, 1985
PAGE 5 OF 10
TEM 9. ORDINANCE NO. 9-85 AMENDING ZONING CODE SEC. 639.21.
SEC. 645.25 AND SEC. 639.57 ESTABLISHING A -71 -ME
PERIOD FOR SUBMITTAL OF REQUESTS FOR VARIANCES,
SPECIAL EXCEPTIONS AND VACATING PUBLIC LAND (SECOND
READING AND PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 630, -ZONING
REGULATIONS" 'OFTHE CODE OF ORDINANCES OF THE'
'CITY OF CAPE CANAVERAL, FLORIDAI AMENDING
SECTION 639.57. BY ADDING A 30 DAY REQUIREMENT!
AMENDING SECTION 645.21 BY REQUIRING 14 'DAY
NOTICE FOR SPECIAL EXCEPTIONSt AMENDING SECTION
645.25 BY REQUIRING 14 DAY NOTICE FOR VARIANCES,
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH! PROVIDING AN EFFECTIVE DATE,
MR. MARCHETTI MOVED FOR ADOPTION. MR. FISCHETTI SECONDED.
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 10. ORDINANCE. NO. 10-85 AMENDING ZONING CODE SEC.
63 :0 BY ESTABLISHING DEFINITIONS OF PRIVATE
DRIVES AND PRIVATE BTREETSI STREETSESTABLISHING SETBACK
PRIVATE DRIVES AND PRIVATE STREETSALONSFORTRICTS
ISECUND READING AND PUBLIC
HEARING
MAYOR RUTHERFORD READ THE TITLE OF ,THE ORDINANCE AS. FOLLOWSt
AN. ORDINANCE AMENDING CHAPTER 630, "ZONING '
REGULATIONS', OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, FLORIDA, BY
AMENDING SECTION 632.01, "DEFINITIONS", BY
ESTABLISHING DEFINITIONS FOR PRIVATE DRIVE
AND PRIVATE STREET: AMENDING SECTIONS. 637.11,.
637.25, 637.39, 637.55 AND 638,11 BY ESTABLISHING
A MINIMUM SETBACK REQUIREMENT OF TWENTY-FIVE
(25) FEET FROM ANY PUBLIC OR .PRIVATE STREET IN
ALL DISTRICTS; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS. MOVED FOR ADOPTION., MR. MARCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 11. ORDINANCE NO. I1-85 AMENDING ZONING CODE BY
ESTABLISHING SEC. 6 9.36, PROHIBITING OF LIVING
OR RESIDING IN AUTOMOTIVE VEHICLES (SECOND READING_'
AND PUBLIC HEARING
MAYOR., RUTHERFORD READ THE TITLE OF THE. ORDINANCE AS FOLLOWSt
' AN ORDINANCE AMENDING CHAPTER 630, "ZONING
REGULATIONS" OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA BY ESTABLISHING
SECTION 639.36, "LIVING OR RESIDING IN AUTOMOTIVE
VEHICLES"; PROHIBITING LIVING OR RESIDING IN
AUTOMOTIVE VEHICLES: PROVIDING AN EFFECTIVE DATE;.
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH. _
MR. FISCHETTI MOVED FOR ADOPTION. MR, MARCHETTI SECONDED
MOTION.
MR. NICHOLAS MOVED TO AMEND BY ADDING THE FOLLOWING WORDS TO
THE END OF SEC. 639.36 " , WITH THE EXCEPTION OF RECREATIONAL
C1TY COUNCIL REaILAR MEETING
FEBRUARY 19, 1985
PAGE 6 OF 10
I Ii1CIA:S IN AN APPROVED AND PERMITTED SITE USED FOR RUCREATIONAI.
'rigll Cl.E5, OR AS. PERMITTED BY THE BUILDING OFFICIAL IN ACCORDANCE
WITH SEC. 639.33 OF THE ZONING REGULATIONS"., MR. MARCHETTI
SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS.
VOTE ON THE MAIN MOTION WAS UNANIMOUS. ORDINANCE N0., 11-85,
AS AMENDED, WAS ADOPTED. -
ia:W BUSINESS
ITEM 1. ORDINANCE NO. 12-85 REZONING M-1 TO C-1 TWO
PORTIONS OF TRACT SEC 3 TWP 5 RGE 7E
ON TRACT ACRES LOCATED ON THE S.E. CORNER
OF ASTRONAUT i CENTRA "^ ucE Tnn"— ::;I ORES)
ATPD ON THE EAST SIDE'OF•ASTRONAUT BL D IMMEDIATELY
SOUTH OF THE PORMER IBM BUILDING. PETITIONERIS
JOHN J.KABBOORD TRUSTGE FOR CEVESCO INC. FIRST
READING AND PUBLIC NEARING
MAYOR RUTHERFORD READ .THE TITLE OF ,THE ORDINANCE ASFOLLOWS'
AN ORDINANCE PURSUANT TO SECTION 633.01, ZONING
REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA.
PROVIDING FOR CHANGE IN THE ZONING DISTRICT
CLASSIFICATION FROM M-1. "LIGHT INDUSTRIAL AND
RESEARCH AND .DEVELOPMENT DISTRICT", TO C-1, "LOW
DENSITY COMMERCIALDISTRICT-, TWO PORTIONS OF TRACT
750, SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST,
MORE PARTICULARLY DESCRIBED BELOW;,PROVIDING THAT SUCH
CHANGES SHALL NOT BECOME EFFECTIVE UNTIL THEY HAVE
BEEN DULY ENTERED UPON THE OFFICIAL ZONING MAP, By
AUTHORIZING SUCH CHANGES TO BE MADE ON THE OFFICIAL
ZONING MAP AND AUTHORIZING THE MAYOR 'AND .CITY CLERK
TO EXECUTE SAID CHANGE ON, SAID ZONING MAP; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE' DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST, READING.,. MR.'FISCHETTI
SECONDED MOTION.
CITY ATTORNEY SCOTT EXPLAINED THAT THE PETITIONER MR. JOHN
KABBOORD, NOTIFIED HIM THAT HE WISHED TO WITHDRAW THE PETITION.
VOTE ON THE MOTION WAS ALL MEMBERS OPPOSED. ORDINANCE NO.
12-85 FAILED.
ITEM 2. ORDINANCE NO. 14-85 AMENDING ZONING CODE SEC. 632.01
BY ESTABLISHING DEFINITION OF S OPPIN CENTERS
AMENDING SEC. 8. BY ALLOWING SHOPPING C ERS
IN AN M- ZONE BY SPECIAL EXCEPTION FIRST READING
ND PUB IC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE. ORDINANCE AS FOLLOWS',
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL
FLORIDA, AMENDING ZONING CODE SECTION 632.01
BY ESTABLISHING A DEFINITION FOR SHOPPING'
CENTERS' AMENDING SECTION 638.07 BY ALLOWING
SHOPPING. CENTERS IN THE M-1 - LIGHT
INDUSTRIAL ZONING CLASSIFICATION; PROVIDING
CRITERIA FOR THAT SPECIAL EXCEPTION;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
CITY aXNCIL RMaIAR MF==
FES 19, 1985
PAGE 7 OF 10
MR. I'ISCHETTI MOVED TO APPROVE FIRST READING, MR. MARCHETTI
SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 3. ORDINANCE NO. 13-85 AMENDING Ct1APTER 673,
GARDAGE
AND TRASH REMOVAL BY PROHIBITING SUNKEN GARBAGE
RECEPTACLES FIRST READING AND PUBLIC HEARING
MAYOR RUTHERFORD ;READ THE TITLE OF THE ORDINANCE AS FOLLOWSs
AN ORDINANCE AMENDING CHAPTER 673,'GARBAGE
AND TRASH REMOVAL", OF. THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
PROHIBITING THE USE SOF SUNKEN GARBAGE RECEPTACLES)
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT'
HEREWITHi PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. MARCHETTI
SECONDED MOTION. DISCUSSION WAS HELD ON THE PROS AND CONS OF THE
SUNKEN GARBAGE RECEPTACLES.. VOTE ON THE MOTION WAS UNANIMOUS.
ORDINANCE NO. 13-85 APPROVED FIRST READING.
ITEM 4. WAS ADDRESSED EARLIER IN THE MEETING,
ITEM, 5. RESOLUTION NO. 85-10 PLAT APPROVAL POINSZTTA
TOWNHOUSES LOTS i 6 BLOCK AVON—BY—THE—SEA
WMTED ON THE N.W. CORNER OF POINSETTA i POLK
AVE — COYDONTZ
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION APPROVING THE PLAT OF"POINSETTA
TOWNHOUSES"1 AUTHORIZING THE 14AYOR, AND CITY
CLERK TO CERTIFY. THE PLAT) PROVIDING AN.
EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
ITEM 6,. RESOLUTION NO. 85-11 PRESCRIBING ASSESSMENT CRITERIA
FOR CHANDLER STREET CONSTRUCTION
MAYOR RUTHERFORD READ THE, TITLE OF THE RESOLUTION AS, FOLLOWS:
A RESOLUTION PRESCRIBING ASSESSMENT CRITERIA
TO BE USED IN ASSESSING ABUTTING LAND OWNERS
UNDER THE CITY'S CHANDLZR-STREET CONSTRUCTION
PROJECT)' ESTABLISHINGMETHOD OF PAYMENT;. PROVIDING
AN EFFECTIVE DATE.
' MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION.
THE QUESTION WAS RAISED THAT IF ADOPTION OF THIS RESOLUTION WOULD
PRECLUDE THE CITY PAYING ANY OF THE CONSTRUCTION COST,; CITY .ATTORNEY
SCOTT SUGGESTED THAT THE CITY COULD BE INCLUDED ON THE ASSESSMENT
ROLL.
VOTE ON THE NOTION WAS UNANIMOUS. RESOLUTION NO. 85-11 WAS
ADOPTED.
ITEM 7. RESOLUTION NO. 85-13 AGREEMENT WITH VILLAGESOF
SEAPORT FOR ESTABLISHMENT OF ESCROW ACCOUNTS FOR
TRAFFIC SIGNAL AND RID GEWOOD AVENUE EXTENSION
CITY COUNCIL RElGUIM MEETING
FEBRUARY 19, 1985
PAGE 8 OF 10
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS iOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND
.CITY CLERK TO ENTER INTO AN AGREEMENT
WITH MAXI -HOMES OF AMERICA FOR THE PAYMENT
OF FUNDS TO FINANCE TRAFFIC SIGNALIZATION
AND THE EXTENSION OF RIDGEWOOD AVENUE;
PROVIDING AN EFFECTIVE DATE.
MR. FISCHETTI MOVED FOR ADOPTION. .MR. MARCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM S. RESOLUTION NO, 85-14 TERMINATION OF F1. PROTECTION
AGREEMENT ITH CANAVERAL PORT_ AUTHORITY
MAYOR RUTHERFORD READ THE; TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO A MODIFICATION OF THE.
FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF
CAPE CANAVERAL, THE CANAVERAL PORT AUTHORITY
AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPART
KENT BY ESTABLISHING ANEW TERMINATION DATE?
REQUESTING THE CITY .CLERK MAIL COPIES OF THE
AGREEMENT TO THE CANAVERAL PORT AUTHORITY AND
THE CAPE CANAVERAL VOLUNTEER FIREDEPARTMENT;
PROVIDING AN EFFECTIVE DATE,
MR. NICHOLAS MOVED FOR ADOPTION. MR. PISCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 9. MOTION RE: SEEKING ADDITIONAL LEGAL OPINION ON
ORDINANCE NO. 2-8
SINCE ORDINANCE NO. 2-65 FAILED, THIS ITEM WAS NOT ADDRESSED.
ITEMS 10,'11 AND 22 WERE ADDRESSED EARLIER IN THE MEETING.
ITEM 13.MOTION REt AUTHORIZATION. FOR BIDS FOR SEWER RATE
STUDY AND SEWER IMPACT FEEANALYSIS
'
MAYOR RUTHERFORD SO MOVED, MR.. MARCHETTI. SECONDED MOTION.
CITY MANAGER NUTT NOTED THAT BRILEY,. WILD 6 ASSOCIATES, THE
CITY ENGINEERS, WOULD LIKE TO CONDUCT THE STUDIES AND WOULD DO THEM
ON AN ACTUAL COST BASIS. MR, MARCHETTI MOVED TO AMEND THE MOTION
BY AUTHO,RIZING BRILEY, WILD,i ASSOCIATES TO .CONDUCT THE STUDIES ON
AN ACTUAL COST BASIS, TIME AND MATERIAL NOT TO EXCEED $15,600.00.
MR. NICHOLAS SECONDED, MOTION.' VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 24. MOTION REt BUDGET TRANSFER
MAYOR RUTHERFORD MOVED TO APPROVE THE LIST OF BUDGET TRANSFERS
WHICH ARE ATTACHED HERETO AND MADE.A PART HEREOF. MR. NICHOLAS
SECONDED MOTION. NOTION CARRIED UNANIMOUSLY.
ADD-ON ITEM: NOTION RE% AUTHORIZATION FOR BIDS FOR DUNE
CROSSOVER EXTENSION
AT THE REQUEST OF THE CITY MANAGER, MAYOR RUTHERFORD MOVED
CPM COLWI .RlxwL 1R MEETING
FEBRUARY 19, 1965
PACE 9 OF 10
MICROFILMED AUG 87
FOR THIS ADD-ON-ITEM. MR. NICHOLAS SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
MAYOR RUTHERFORD MOVED TO AUTHORIZE THE BIDS. MR. NICHOLAS
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
THERE BEING NO FURTHER BUSINESS , THE MEETING WAS ADJOURNED
AT 11 :59 P.M.
APPROVED THIS 5th DAY OF March , 1985 .
tri►
L " _ ► ..
Mayo4
ATTEST:
J
ty Clerk
CITY COUNCIL REGULAR MEETING
FEBRUARY 19, 1985
PAGE 10 OF 10
IR THIS ADD -ON -ITEM. MR. NICHOLAS SECONDED MOTION.. MOTION
�'LRRIED UNANIMOUSLY.
Attadrmnt to City Council Minutes
February 19, 1985 - Page 1 of 5
BUDGET TRANSFERS
GENERAL FUND
REVENUE
;.
ADJUSTi:;
ACCOUNT 4..
DESCRIPTION
INCREASE,
DECREASE
BUDr,ET_
001-322.1 .'Building
Permits-
20,000
80,000
001-322.3
Burn Permits
1,355
2,35%
001.-332.1
Federal Revenue Sharing
35,000
-0-
001-351.1
Fines& Forfeitures
15,000.
40,601.
' 001-351.3
Police Training Escrow
500
3,501.
001-359.1
Other Fines c Forfeits
7,292
001-361.1
Interest Income From
Investments
10,000
-
SO,CGO
001-361.3>..
Interest Income
Tax Collections
150
001-364.49
Sales of Fixed Assets
9501
350
001-366.9
Library, Donations
1,200,
1,200
001-380.1
Transfer From ;Prior Year
11,264 -
11,164
001-380.2
Transfer From Library
Fund
111,
,111
EXPENDITURES
ADJUSTED
ACCOUNT t
DESCRIPTION —
INCREASE
DECREASE
'BUDGET
LEGISLATIVE
001-1-.511.32
Audit Expense
272
7,072
001-1-511.49
Miscellaneous
.500
,1,000
PUBLIC SAFETY
001-47521.34
Police Service Contract;.
34,.588 ..355,298
FIRE DEPARTMENT
001-5-522.641
Firefighting Equipment,
8,036
20,836
' 001-5-522.993
Building Fund
2,328
-,17,328
BUILDING DEPARTMENT
'.
001-6-524.12
Regular Salaries�i Wages'
10,500
61,187
001-6-524.21
FICA -
750
". 4,325
001-6-524.40 '.
Travel & Per .Diem
500
1,000
Attadrmnt to City Council Minutes
February 19, 1985 - Page 1 of 5
GENERAL FUND
EXPENDITURES
ADJUSTi.:,
i.O0OUNT 4 DESCRIPTIONINCREASE 'DECREASE BUDGET---
BUILDING
UDGET__BUILDING DEPARTMENT
001-6-524.49 Miscellaneous 150
001-6-524.51' Office Supplies 100
001-6-524.64 Capital Items - 5,000
STREET DEPARTMENT
001-7-541.461. Building i Grounds
Maintenance 300
001-7-541.532 Traffic.. Light Repair 500 4•`''"
LIBRARY
001-12-571.12, Regular Salaries i Wages 2,055 2,u
001-12-571.21 FICA 145
GARBAGE SERVICE
001-14-534.342 Basic Garbage SerVice 450 294,"»O
001-14-534.47. Printing 450
CONTINGENCY
001-17-901..99 Contingency 31,796 65,805
Attadmont to City G x=1 m=*As
February 19, 1965 - Page 2 of 5
-2-
BUDGET TRANSFERS
FEDERA REVS UE SHARING
REVENUE
ADJUSTED
`
INCREASE DECREASE. DUDGET,_
ACCOUNT 4
DESCRIPTION
101-331-1
Income From Federal
34,585 34,59N
Revenue Sharing
EXPENDITURE
161-521.34
Police Service Contract
588 34,
34,555 ..
LIBRARY FUND
102-1Ul.l
Cash .in Bank -.$111.43
Transfer Remaining Balance
to
General Fundtoclose-out
Fund..
Attadwoont to City Council Muwtcs
FebmMy 19, 1985 - Page.3 of 5
-3-
BUDGET TRANSFM3
SEWER F'UNp
REVENUE
ACCOUNT 1
DESCRIPTION
'INCREASE DECREASE
401-343.52
Utility Penalty Income
6,000
d.ljp1
401-343.53 `�
Sewer Assessment Fees
200,000
400,0-1
401-361.11 �.
Interest Income-
Expansion Fund
30,000
30,00"
401-361.12
interest Income-
2
Rutland Bank
2,500
401-361.13
Interest Income- Renewal
and Replacement
21000
401-361.14
Interest Income.- Revenue
3 0P0
ip,0uu
Fund' :
,
401-361.16
Interest Income Sewer
S&S Construction Fund
10,000
10,f111;
-
EXPENDITURES'.
ADJ I`S LC:
ACCOUNT f
DESCRIPTION
INCREASE _.DECREASE
OUD,;t"�
401-10-535.32
Audit Expense `
100
,GOU
401-10-535.47
Printing
Soo
1,000
401-10-901.99
Contingency
12,900
17,900
401-10-535.644
Expansion Fund Costs
10,000
10,000
401-10-901.991
Note Reduction - First
230,000
295,G0u
Bankers
Attaeintmt to Qty Council Hi7lutes
February 19, 1985 - Page 4 of
5
ADJUSTI.11
DUDTLT
350
13UDGET TRANSFERS
RECREATIO COMPLEX
.'REVENUE
IPTION
INCREASE DECREASE
ACCOUNT !
DESCR_.
402-360.1
Miscellaneous Income
200
402-361.111
Interest. Income
9,000
EXPENDITURES
..
INCREASE DECREASE
;,CCOUNT A
D£SCRIPTION
302-11-572.99
Contingency
9,200
ADJUSTI.11
DUDTLT
350