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Home My WebLink AboutMinutes 03-19-1985CITY COUNCIL REGULAR MEETING MARCH 19, 1985 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF. CAPE CANAVERAL,FLORIDA, WAS HELD ON MARCH 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 INYOR RUTHERFORD. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, MAYOR PRO TEM J. WINCHESTER, COUNCIL MEMBERS J. FISCHETTI, AND. L. NICHOLAS. ALSO PRESENT WERE CITY MANAGER F. NUTT, CITY ATTORNEY J. SCOTT AND CITY CLERK J. LESSER. MR. MARCHETTI WAS OUT OF TOWN. MR. FISCHETTI MOVED TO APPROVE THE. MINUTES. OF THE MEETING OF MARCH 5,'1985,. MR. .WINCHESTER SECONDED. MOTION, MOTION CARRIED. UNANIMOUSLY. UNFINISHED BUSINESS - ITEM 1. :ORDINANCE NO. 6-85AMENDING ZONING CODE SEC. 632.01, DEFINITIONS OF }IOTEL AND "MOTEL SECOND READING AND PUBLIC ING 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"t AMENDING THE DEFINITIONS OF "HOTEL" AND "MOTEL*; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHi PROVIDING AN .EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. ,ORDINANCE NO. 6-85 WAS ADOPTED. ' ITEM 2. ORDINANCENO. 16 -OS AMENDING THE ZONING CODE BY ESTABLISHING SEC. 6 .6 EARTH STATION ANTENNA REG TIONS SECOND READING AND PUBLIC HEAR NG 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}'AMENDING SECTION 632.01, DEFINITIONS BY ESTABLISHING THE DEFINITION OF "EARTH STATION ANTENNA".T ESTABLISHING SECTION 639.63, "EARTH STATION ANTENNA REGULATIONS"T. REPEALING ALL PORTIONS OF THE CODE IN CONFLICT.. HEREWITH) PROVIDING AN EFFECTIVE DATE. CITY C OLNCII. RHLABAR MEETING MARCH 19, ,1985 PACE 1 OF 4 ..T,YOR RUTHERFORD MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MR. NICHOLAS MOVED TO POSTPONE. THIS ITEM UNTIL. THE NEXT REGULAR. COUNCIL MEETING., MR. WINCHESTER. SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. FRANK MCCLAY ADDRESSED THE CHAIR. ASKING IF HE COULD. OFFER COMMENTS ON THIS ITEM AT THIS TIME. HE WAS ADVISED TO WAIT UtiTIL THE DECUSSION PERIOD, ITEM 3. ORDINANCE N0 1? -BS AMENDING CHAPTER 261 BY DESIGNATI:_:_C TR TWO ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS MEMBERS OF TH LOCAL PLANNING AGENCY SECOND READING AND PUBLIC HEAR NG MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CODE CHAPTER 261, IOCA1, PLANNING AGENCY, OF THE. CODEOF 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;.PROVIDING AN EFFECTIVE DATE, MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION.. MOTION. CARRIED UNANIMOUSLY, ORDINANCE NO, 17-85 WAS ADOPTED. ITEM 4. ORDINANCE NO. 18-85 AMENDING CHAPTER'211 BY ESTABLISHING A pUALIFYING PERIOD FOR WRITE-IN CANDIDATES ISECUNU READING D PUBLI HEARING) 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;.. ALLOWING THREE (3) DAYS FOR WRITE-IN CANDIDATES TO QUALIFY; .REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHi' PROVIDING AN EFFECTIVE DATE.. ' MR. NICHOLAS MOVED FOR ADOPTION, MR. FISCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 18-85 WAS ADOPTED, NEW BUSINESS 'ITEM l.' ORDINANCE NO. 19-85 ESTABLISHING CODE CHAPTER 637, INPACT FEES FIRST READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: CITY O7ll n REGULAR.. H=ING MARCH 19. 1985 PALE 2 OF 4 AN ORDINANCE ESTABLISHING CHAPTER 637 "IMPACT FEES", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING AN IMPACT. FEE ON LARGE COMMERCIAL PROJECTS AND, RESIDENTIAL BUILDINGS IN EXCESS OF TWO 12) STORIES FOR FIRE DEPARTMENT EQUIPMENT! PROVIDING AN EFFECTIVE DATE; REPEALING ALL PORTIONS Or THE CODE IN CONFLICT HEREWITH. MR. FISCHETTI MOVED TO APPROVE FIRST READING. MR. NICHOLAS SECONDED MOTION. CITY MANAGER F. NUTT EXPLAINED THAT THE PROJECTED REVENUES FROM THE IMPACT FEES WOULD.,SE BETWEEN 8300,000.00 AND $100,000.00 AT BUILD—OUT. VOTE ON THE MOTION, WAS UNANIMOUS. ORDINANCE NO. 1985 APPROVED FIRST READING. ITEM 2. RESOLUTION NO. 05-20 PLAT APPROVAL PAMPAS VILLAS, PHASE 2. BLACK 66, LOTS 7 i 8 LOCATED NW CORNER GF BUCHANAN i ORANGE -TOM QUINN AND ROSALIE WOLF MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION. AS FOLLOWS. ARESOLUTION .APPROVING THE PLAT OF "PAMPAS VILLAS,. PHASE II"t AUTHORIZING THE MAYOR AND CITY CLERK TO CERTIFY THE PLAT$ PROVIDING', AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. 'VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 85-20 WAS ADOPTED. ITEM 3. 'RESOLUTION NO. 85-21 APPOINTING A DEPUTY CITY ATTORNEY MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION ASFOLLOWS: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, AUTHORIZING THE APPOINTMENT OFA DEPUTY CITY ATTORNEY, ESTABLISHING PAYMENT FOR SERVICES RENDERED, PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MOTION. CITY ATTORNEY J, SCOTT EXPLAINED THAT THIS RESOLUTION WOULD APPOINT MR. THERIAC AS DEPUTY. CITY ATTORNEY AT A FEE OF $80.00 AN HOUR. HE FURTHER NOTED THAT HIS .REGULAR' FEE IS $100.00 AN HOUR. MR. WINCHESTER COMMENTED THAT THE CITY SHOULD .INVESTIGATE OTHER ATTORNEYS BEFORE APPOINTING MR. THERIAC.. MR. WINCHESTER. MOVED TO POSTPONE THIS ITEM. .,MOTION DIED FOR LACK OF A SECOND. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS AS FOLLOWSt IN FAVOR, MR. FISCHETTI, MR. NICHOLAS AND MAYOR RUTHERFORD. OPPOSED, MR. WINCHESTER. CITY COUNCIL RlXX3AR bfErING MARC! 19, 1985 PAGE 3 OF 4 MICROFILMED AUG 87 MOTION CARRIED. RESOLUTION NO. 85-21 , APPOINTING JAMES S. THERIAC, III , AS DEPUTY CITY ATTORNEY, WAS ADOPTED. ITEM 4. MOTION RE: AUTHORIZING BRILEY, WILD & ASSOCIATES TO PROCEED WITH ENGINEERING DESIGN FOR CHANDLER STREET CONSTRUCTION MAYOR RUTHERFORD SO MOVED. MR. NICHOLAS SECONDED MOTION. MAYOR RUTHERFORD NOTED THE COST OF THE DESIGN WORK WAS $9 ,350. 00. VOTE ON THE MOTION WAS UNANIMOUS. DISCUSSION AT THIS TIME, MR. McCLAY OFFERED COMMENTS ON THE PROPOSED ORDINANCE NO. 16-85 . HE POINTED OUT SEVERAL MAGAZINE ARTICLES TO THE COUNCIL. THE COUNCIL REQUESTED COPIES OF THE ARTICLES BE MADE IN ORDER TO ENABLE THEM TO STUDY THE ISSUE BEFORE THE NEXT WORKSHOP MEETING. MR. FISCHETTI ASKED IF THE CITY COULD BEAUTIFY THE MEDIANS ON CANAVERAL BEACH BOULEVARD AND CENTRAL AVENUE. CITY MANAGER NUTT SAID HE WOULD ADDRESS THE PROBLEM. CITY ATTORNEY SCOTT TOLD COUNCIL THE ORAL ARGUMENTS ON THE BEACH BOTTLE CLUB ARE SCHEDULED TO BE HEARD ON MAY 16TH. MR. ROY BLAHA AND DR. DEVIRIES ADDRESSED COUNCIL ABOUT THE APPARENT LACK OF POLICE SUPPORT ON SEVERAL DIFFERENT OCCASIONS. CITY MANAGER NUTT WILL INVESTIGATE THE ALLEGED INCIDENTS. THERE BEING NO FURTHER BUSINESS , THE MEETING WAS ADJOURNED AT 8 :50 P .M. APPROVED THIS 2nd DAY OF April , 1985 . 4hrt. �i IP Lyor .c---41(' ATTEST: -C1,Yue-t V. ae—e-td- C ty Clerk CITY COUNCIL REGULAR MEETING MARCH 19, 1985 -- PACE 4 OF 4 '10TION CARRIED. RESOLUTION NO. 85-21, APPOINTING JAMES S. THERIAc', III, AS DEPUTY CITY ATTORNEY, WAS ADOPTED. ITEM 4. MOTION RE: AUTHORIZING' BRILEY WILD 6 ASSOCIATES TO PROCEED WITH ENGINEERING DESIGN FOR CHANDLER STREET CONSTRUCTION MAYOR RUTHERFORD SO MOVED. MR. NICHOLAS SECONDED MOTION. MAYOR RUTHERFORD NOTED 'THE COST OF THE DESIGN WORK WAS $9,350.00. VOTE ON THE MOTION WAS UNANIMOUS.' DISCUSSION ' AT THIS TIME, MR.. MCCLAY OFFERED COMMENTS; ON THE PROPOSED, ORDINANCE NO. 16+-85. HE POINTED OUT SEVERAL MAGAZINE ARTICLES TO THE COUNCIL. THE COUNCIL REQUESTED COPIES OF THE ARTICLES BE MADE IN ORDER TO ENABLE THEM TO STUDY THE ISSUE BEFORE THE NEXT WORKSHOP MEETING. MR. FISCHETTI ASKED IF THE CITY COULD BEAUTIFY THE MEDIANS ON CANAVERAL BEACH BOULEVARD AND CENTRAL AVENUE.' CITY MANAGER MUTT SAID HE WOULD ADDRESS THE PROBLEM.: .CITY ATTORNEY SCOTT TOLD COUNCIL THE ORAL ARGUMENTS, ON THE BEACH BOTTLE CLUB ARE SCHEDULED TO, BE HEARD ON MAY 16TH. MR. ROY BLAHA AND DR. DEVIRIES ADDRESSED COUNCIL ABOUT THE APPARENT LACK OF POLICE SUPPORT ON SEVERAL ;DIFFERENT OCCASIONS. CITY MANAGER NUTT WILL .INVESTIGATE THE ALLEGED INCIDENTS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8:50 P.M. APPROVED THIS 2nd DAY OF April 1985. ' RIs try/ Mayor ' ATTEST: at c ty clerk CITY OXMIL REGULAR MEETING MARCH 19, 1985 PA(£ A OF e