HomeMy WebLinkAboutMinutes 03-05-1985CITY COUNCIL
REGULAR MEETING
MARCH 5; 1985
A REGULAR MEETING OF THE CITY COUNCIL OF THECITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON MARCH 5, 1985, AT, CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER AT 7130 P.M. BY MAYOR WAYNE
RUTHERFORD. INVOCATIONS AND PLEDGE OF ALLEGIANCE WERE LED BY
MAYOR RUTHERFORD.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE
`;AYOR W. RUTHERFORD, MAYOR PRO TEM J WINCHESTER, COUNCIL MEMBERS
J. FISCHETTI, M. 14ARCNETTI' AND L. NICHOLAS. ALSO PRESENT WERE CITY
MANAGER F. NUTT, CITY ATTORNEY J. SCOTT:AND CITY :CLERK J. LEESER.
MR. PISCHETTI MOVED TO APPROVE THE MINUTES OF THE REGULAR
!MEETING OF FEBRUARY 19, 1985 AND THE SPECIAL MEETING OF, FEBRUARY 22,
1985. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR RUTHERFORD ANNOUNCED THAT THE PUBLIC HEARING REGARDING
THE REZONING HAD, BEEN CANCELLED DUE TO. THE PETITIONER WITHDRAWING
HIS REQUEST,
AT THIS TIME, MAYOR RUTHERFORD'PRESENTED THE "VOLUNTEER OF
THE MONTH" AWARD TO MR. BOB MOOG FOR SERVING AS CHAIRMAN OF THE
CODE ENFORCEMENT BOARD.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 6-65 AMENDING ZONING CODE SEC. 632.02,
DEFINITIONS 'jr N EL AND MOTEL POSTPO ED - -85-
FIRST READITG AND PUBLIC ERRING
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"L AMENDING'THE
' DEFINITIONS OF"HOTEL" AND 'MOTEL -1 REPEALING.
ALL PORTIONS OF. THE CODE IN CONFLICT HEREWITH=
PROVIDING. AN EFFECTIVE DATE.
MR.NICHOL.AS MOVED TO APPROVE FIRST READING. MR. FISCHETTI
SECONDED MOTION.. MOTION. CARRIED UNANIMOUSLY. ORDINANCE NO. 6-65
APPROVED FIRST READING.
ITEM 2. ORDINANCE NO. 13 -SS A14ENDINGCHAPTER 673. GARBAGE
AND _TRASH REMOVAL, BY PROHIBITINGSURREN GARBAGE
RECEPTACLE SECOND RI NG PUBLIC HEARING]
MAYOR RUTHERFORD READ. THE TITLE OF THE ORDINANCE ASFOLLOWSt
CITY COUN= ImG [AR t =LNG
NAM 5, 1985
PALE 1 OF 6
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 OF SUNKEN GARBAGE RECEPTACLES?
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITHI PROVIDING AN EFFECTIVE DATE,
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 13-85 WAS
ADOPTED.
ITEM 3. OANCN0. 14-85 'AMENDING ZONING CODE SEC.
6122110r-BEY ESTABLISHING DEFINITION OF-SHOPPING
CENTERS AMENDING SEC. �� BY ALLOWING SHOPPING
CENTERS INN
M- ZONEBY SPECIAL EXCEPTION SECOND
READING AND PUBLIC N I G
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. CENTERSt 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.
MR. FISCHETTI MOVED FOR ADOPTION. MR, NICHOLAS SECONDED
MOTION. MOTION CARRIED. UNANIMOUSLY. 'ORDINANCE NO. 14-85 WAS
ADOPTED.
NEW BUSINESS
ITEM 1. MOTION RE: PETITION .FOR RELIEF FROM ORDINANCE NO.
25-84. BUILDING MORATORIUM WITHIN 25 F_OF THE
COASTAL CONSTRUCTION CONTROL L NE BLACK .LOT
A"
ON-DY-THE-SEA' LOCATED BETWEEN ADAMS AND
JEFFERSON A ENUES ETITIONr;" ARE JANE. ROGERS.
AN A NE J. HOWE. OWNERS.
MR. NICHOLAS MOVED TO GRANT THE RELIEF. MR. WINCHESTER
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE 1L 6-85 AMENDING THE ZONING CODE BY
ESTABLI SHINO SEC. 6 .6 EARTH STATION ANTENNA
REGULATIONS FIRST 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 Or THE CITY OF CAPE
CANAVERAL, FLORIDA; AMENDING SECTION 632.01, DEFINITIONS
BY ESTABLISHING THE DEFINITION. OF "EARTH STATION
ANTENNA"t ESTABLISHING SECTION 639.61, "EARTH STATION
ANTENNA REGULATIONS"t REPEALING ALL PORTIONS OF THE
CODE IN .CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. FISCHETTI
SECONDED MOTION. IT WAS POINTED OUT THAT THIS ORDINANCE WOULD
NOT. AFFECT ANY ANTENNAS NOW IN PLACE.
CITY OAMIL Jw=m MEEPING
MARCH 5. 1985
PAGE 2 OF 6
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 16-85
APPROVED FIRST READING.
.ITEM 3.ORDINANCE NO. 17-85 AMENDING CHAPTER 261 BY
DESIGNATI G THE TWO ALTERNATE MEMBERS'OF' THE
PLANNING i ZONING BOARD AS 14 SERE OETHELOCAL
PLANNING AG NCY FIRST READING AND PUBLIC HEA IMG)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS'POLLOWSi
'AN,ORDINANCE AMENDING CODE CHAPTER 261, LOCAL
PLANNING AGENCY,. OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE ' CANAVERAL„ FLORIDA, BY DESIGNATING REGULAR AND ALTERNATE MEMBERS OF
THE PLANNING AND ZONING BOARD AS THE LOCAL
PLANNING. AGENCY;REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDINGrAND
'EFFECTIVE DATE.'
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR.. MARCHETTI
SECONDED MOTION. MAYOR RUTHERFORD NOTED THAT THE LOCAL PLANNING
AGENCY WILL SOON START AEETING TO UPDATE THE CITY"S COMPREHENSIVE
PLAN.
VOTE ON THE MOTION WAS UNANIMOUS, ORDINANCE NO. 13-85 APPROVED
FIRST READING.
ITEM 0. ORDINANCE NO. 18-85 AMENDING CHAPTER 211 BY 'ESTABLISHING
A QUALIFYING PERIOD FOR WRITE-IN C DIDATES FIRST
.READING AND PUBLIC TEAR NG
MAYOR RUTHERFORD READ THE. TITLE OF THE ORDINANCE AS FOLLOWS.
AN ORDINANCE AMENDING CODE CHAPTER 211,
"ELECTION PROCEDURES", OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY ESTABLISHING SECTION 211.05,
QUALIFYING PERIOD OF WRITE-IN CANDIDATES; t
ALLOWING .THREE (3) DAYS FOR WRITE-IN
CANDIDATES TO QUALIFY;. REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.,
MR, NICHOLAS MOVED FOR ADOPTION... MR, WINCHESTER SECONDED
MOTION... MAYOR RUTHERFORD EXPLAINED THAT THIS CHANGE WAS
' NECESSARY TO COMPLY WITH STATE REQUIREMENTS FOR PROVIDING A TIME
FOR WRITE-IN CANDIDATES TO QUALIFY.
VOTE ON THE NOTION WAS UNANIMOUS. ORDINANCE NO. '18-85
APPROVED FIRST READING.
ITEM S.
RESOLUTION NO. 85-12 ADOPTION OF ASSESSMENT PLAT
POR' ST ET CADOPTI5TRUON N
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS$
CITY COUNCIL Rml, RAR. MEETING
MARCH 5, 1985
PACE 3 OF 6
A RESOLUTION DETERMINING TO MAKE CERTAIN
LOCAL STREET IMPROVEMENTS IN THE CITY OF
CAPE CANAVERAL, FLORIDA, BY THE CONSTRUCTION
OF CHANDLER STREETI 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 THEREBYI
DIRECTING. CITY ADMINISTRATION TO MAKE AND
FILE WITH CITY COUNCIL AN ASSESSMENT ROLL
COVERING SUCH LOCAL STREET IMPROVEMENTSI
PROVIDING AN EFFECTIVE DATE.,,
MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED
MOTION. VOTE ON THE MOTION WAS UNANIMOUS- RESOLUTION NO. 85-12
WAS ADOPTED.
ITEM 6. RESOLUTION NO. 85 -SS AGREEMENT BETWEEN CITY AND
HREVARD COUNTY FOR IFEGUARD SERVICES
'MAYOR RUTHERFORD READ THE TITLE OF. THE RESOLUTION AS FOLLOWS.
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA, TO ENTER INTO AN
AGREEMENT WITH THE. BOARD OF COUNTY. COMMISSIONERS'
OF BREVARDCOUNTY,FLORIDA, TO PROVIDE. LIFEGUARD
SERVICE FOR THE CITY Or CAPE CANAVERAL, FLORIDAI
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION,. MR. FISCHETTI. SECONDED
MOTION. MAYOR RUTHERFORD EXPLAINED THAT THE CITY WOULD. CONTRACT
WITH THE COUNTY FOR SERVICES FOR THE YEAR AT A'COST OP'63,200.
VOTE ON THE MOTION WAS UNANIMOUS,, RESOLUTION NO, 85-15 WAS
ADOPTED.
ITEM 7. RESOLUTION No. 85-16 APPOINTMENT OF ALTERNATE MEMBER
TO LIBRARY BOARD
MAYOR. RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
ARESOLUTION APPOINTING AN ALTERNATE MEMBER
TO THE LIBRARY BOARD OF THE. CITY OF CAPE
CANAVERAL, FLORIDAI PROVIDING AN EFFECTIVE
DATE.
MR. NICHOLAS MOVEDFOR ADOPTION. MR.,.MARCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. MRS. ELAINE SHERIDAN WAS
APPOINTED TO THE LIBRARY BOARD AS AN ALTERNATE MEMBER.:
ITEM S. RESOLUTION NO.. 85-17 APPOINTMENT OF REGULAR MEMBER
HEAUTIPICATION BOARD
MAYOR RUTHERFORD READ THE TITLE OF. TUE RESOLUTION AS FOLLOWS:
A, RESOLUTION APPOINTING A MEMBER TO THE
BEAUTIFICATION BOARDi PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION. MOTION CARRIED. UNANIMOUSLY. biRS. GERALDING McGRAW WAS
CPM 00lNmi Romm MFEF m
wam S. 1985
PAGE 4 OF 6
'i:;.1T0INTED TO THE BEAUTIFICATION BOARD.
ITEM 9.. RESOLUTION NO 85-18 RE:
CODE £NFORCEMNTAPPOINT
BOAROMENT OF ALTERNATE.
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS%
'A RESOLUTION APPOINTING ALTERNATE MEMBERS
TO TIIE CODE ENFORCEPENT BOARD'. PROVIDING
AN EFFECTIVE DATE...
MAYOR RUTHERFORD MOVED FOR. ADOPTION. MR. :WINCHESTER SECONDED
MOTION. AFTER A DISCUSSION, IT WAS DECIDED TO. INSERT THE NAME OF
RUTH GEER IN SECTION. 1'AND ROY MOELLER IN SECTION 2. VOTE ON
191E MOTION, WAS UNANIMOUS. RESOLUTION NO. 85-18 WAS ADOPTED AND
GEER AND MR. MOELLER WERE APPOINTED AS ALTERNATE MEMBERS TO
THE CODE ENFORCEMENT UOARD.
ITEM 10. ON 'NO. 85-19 BEVERAGE CONTAINER BOTTLE
EGISLATION
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION OF THE CITY OF CAPE
FLORIDA, STRONGLY URGING THE FLOR DAASTATE,
LEGISLATURE TO PASS BEVERAGE CONTAINER DEPOSIT
WHICH REQUIRES DEP S TSION BEVERAGE AND DISCOURAGES UNWANTEDTHROWAWA S1
DIRECTING THE CITY CLERK TO MAIL COPIES OF THIS
RESOLUTION TO THE BREVARD COUNTY LEGISLATIVE
BRE
DELEGATION, VARD COUNTY LEAGUE OF MUNICIPALITIES,
AND. KEEP BREVARD BEAUTIFULr INC.i'PBOVIDING AN
EFFECTIVE DATE.'
'MR. FISCHETTI MOVED POR ADOPTION:. MR. MARCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION N0. 85-19 WAS
ADOPTED.
ITEM 11, MOTIONRE% PERMISSION TO ADVERTISE FOR FIREFIGHTERS
MAYOR RUTHERFORD SO MOVED, MR. FISCHETTI SECONDED, MOTION.
MR. NICHOLAS POINTED OUT THAT THIS WAS ONLY AUTHORIZATION TO
ADVERTISE.; HE FURTHER NOTED .THAT IT WOULD COST THE CITY AN
ADDITIONAL $02,000,00 FOR THE REMAINDER OF THIS FISCAL YEAR' AND
e THEREAFTER, APPROXIMATELY 8200,000.00, TO ADD FIVE ADDITIONAL FULL
TIME FIREFIGHTERS TO THE PAYROLL. MR. NICHOLAS ALSO SUGGESTED THE
CITY. DO A'COST ANALYSIS BEFORE INSTITUTING A FULLY PAID FIRE
DEPARTMENT. T
VOTE ON THE NOTION WAS AS FOLLOWS% IN FAVOR, MR.. FISCNETTIr
MR. MARCUM,, MAYOR RUTHERFORD AND MR. WINCHESTER' OPPOSED.. MR.
NICHOLAS. MOTION PASSED. -
CITY COfIf1C L RSGam MEETING
MAIY3i 5, 1985.
PAGE 5.OF 6
MICROFILMED AUG 87
ITEM 12 . MOTION RE: RECOMMENDATION OF ARCHITECT AND ENGINEER
SERVICE FOR RECREATION CENTER BUILDING
MAYOR RUTHERFORD MOVED TO AWARD THE ARCHITECTURAL SERVICES
FOR THE RECREATION COMPLEX BUILDING TO MELVILLE GROVE, ARCHITECT .
MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 13 . MOTION RE: ADOPTION OF CHANGES TO PERSONNEL POLICY
MAYOR RUTHERFORD MOVED TO ADOPT THE CHANGES TO THE PERSONNEL
POLICY. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 14 . MOTION RE: ADOPTION OF SAFETY MANUAL
MAYOR RUTHERFORD MOVED TO ADOPT THE SAFETY MANUAL. MR.
WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
CITY MANAGER F. NUTT EXPLAINED TO COUNCIL THAT THE VILLAGES
OF SEAPORT HAD A CONTRACT WITH THE CITY TO DO LAND CLEARINGS BURNINGS
AT THEIR PROJECT SITE ON NORTH ATLANTIC AVENUE. SINCE THE ADOPTION
OF THE ORDINANCE PROHIBITING LAND CLEARINGS BURNINGS, THE DEVELOPER
HAS CONTACTED THE PORT REGARDING HAULING THE MATERIAL TO THE PORT
AND BURNING IT THERE. HOWEVER, THE PORT DOES NOT WANT TO SANCTION
THE BURNING ON THEIR PROPERTY WITHOUT THE APPROVAL OF THE CITY.
CONSENSUS OF COUNCIL WAS THAT THEY WOULD NOT TAKE A STAND ON THIS
ISSUE SINCE IT IS NOT IN THEIR JURISDICTION.
MAYOR RUTHERFORD REMINDED EVERYONE OF THE FLORIDA LEAGUE OF
CITIES MEETING ON MONDAY.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
8 : 15 P.M.
APPROVED THIS 19th DAY OF March , 1985 .
Mayor
ATTEST:
City Clerk
-
4
CITY COUNCIL REGULAR MEETING
MARCH 5, 1985
PAGE 6 OF 6
ITEM 12. MOTION RE: RECOMMENDATION OF ARCHITECT AND ENGINEER
SERVICE FUR RECREATION CENTER BUILDING
MAYOR RUTHERFORD MOVED TO AWARD THE. ARCHITECTURAL SERVICES
iaR THE RECREATION COMPLEX BUILDING TO MELVILLE GROVE, ARCHITECT.
Mit. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 13. MOTION REtADOPTION OF CHANGES TO PERSONNEL POLICY
MAYOR RUTHERFORD MOVED TO ADOPT THE CHANGES TO THE PE RSONNEL
POLICY. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 14. NOTION REt ADOPTIONOF SAFETY MANUAL,
MAYOR. RUTHERFORD MOVED TO ADOPT THE SAFETY MANUAL.. MR.
wINCHESTER SECONDED MOTION., MOTION CARRIED UNANIMOUSLY..
DISCUSSION
CITY 'MANAGER F. NUTT EXPLAINED TO COUNCIL THAT THE VILLAGES
OP SEAPORT HAD A CONTRACT WITH THE CITY TO Do LAND CLEARINGS BURNINGS
AT THEIR PROJECT SITE ON NORTH ATLANTICAVENUE. SINCE THE ADOPTION
OF THE ORDINANCE PROHIBITING LAND CLEARINGS BURNINGS. THE DEVELOPER
HAS CONTACTED THE PORT. REGARDING HAULING THE 'MATERIAL TO THE PORT
AND BURNING IT THERE. HOWEVER, THE PORT. DOES NOT WANT. TO SANCTION
THE BURNING ON THEIR PROPERTY WITHOUT THE APPROVAL OF THE CITY.
CONSENSUS OF COUNCIL WAS.THAT THEY WOULD NOT. TAKE A STAND ON THIS.
ISSUE SINCE IT IS NOT IN THEIR JURISDICTION. -
MAYOR RUTHERFORD, REMINDED EVERYONE OF THE FLORIDA LEAGUE OF
CITIES MEETING ON MONDAY.
THERE BEING NO FURTHER BUSINESS,. THE MEETING WAS ADJOURNED AT
8:15 P.N.
APPROVED THIS 19tb DAY OF MarCh
, 1985.
' yor
ATTESTt
Cl •� f � �,.uascJ
CITY COUNCIL Ra=m MWITNG
HARCii 5, 1985
PAGE 6 OF 6