HomeMy WebLinkAboutMinutes 04-02-1985CITY COUNCIL
REGULAR MEETING
APRIL 2, 1985
A REGULAR MEETING OF THE CITY. COUNCIL. OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON. APRIL 2, 1985, AT CITY HALL,
195 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'S SECRETARY.OFFICIALS
PRESENT WERE MAYOR W. RUTHERFORD, MAYOR PRO TEN, J. WINCHESTER, COUNCIL,
MEMBERS J. FISCHETTI, M. 14ARCHETTI AND L. NICHOLAS. ALSO PRESENT
WERE CITY MANAGER F. NUTT. AND CITY ATTORNEY J. SCOTT, CITY CLERK
J. LEESER WAS OUT-OF-TOWN.
MR. FISCHETTI MOVED TO APPROVE THE MINUTES OF THE MEETINGS
OF MARCH 19, 1985 AND MARCH 23., 1985. MR. MARCHETTI SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY., i
MAYOR RUTHERFORD PROCLAIMED THE WEEK OF APRIL 1.4 -20 AS
"NATIONAL LIBRARY WEEK" AND PRESENTED A PROCLAMATION TO THAT EFFECT
TO CAPE CANAVERAL LIBRARIAN, IRENE SANDERS..
AT THIS TIME, MR. MITCH OWENS,VICE-PRESIDENT OF HOUGH AND
COMPANY, THE CITY'S FINANCIAL ADVISOR, ADDRESSED COUNCIL REGARDING
THE SEWER BOND ANTICIPATION NOTES. HE EXPLAINED THAT THIS YEAR
THE CITY IS IN THE FOURTH YEAR OF THE MAXIMUM FIVE-YEAR ROLL-OVER
ON THE 2.5 MILLION BOND ANTICIPATION NOTE. HE NOTED THAT THE
SHORT-TERM FINANCING THE CITY CHOSE LAST YEAR. WAS VERY SUCCESZ;fUL.
FIE FURTHER NOTED THAT THE FIRST BANKERS WAS AGAIN INTERESTED IN
FINANCING THE NOTES A14D WITH THE FAVORABLE MARKET THE CITY SHOULD
' ACT AS SOON AS POSSIBLE. IT WAS POINTED OUT THAT NEGOTIATIONS
MAY BE MADE FOR A TWO YEAR NOTE. MR; OWENS SUGGESTED COUNCIL
HOLD A SPECIAL MEETING ON'THRUSDAY, APRIL IITH,WITH CLOSING ON
THE BONDS HELD ON,APRIL I2TH.
DISCUSSION FOLLOWED ON THE ADDITIONAL COST OF. IMPROVEMENTS
TO THE SEWAGE COLLECTION AND TRANSMISSION SYSTEM. AND INCLUDING
COST OF THAT PROJECT IN THIS FINANCING. MR.'OWENS EXPLAINED THE
IRIGINAL BONDS WERE VALIDATED FOR 2.5 MILLION DOLLARS BUT ONLY
CITY COUNCIL REGUEAR MEETING
APRIL 2, 1985
PAGE 1 OF 6
M111 -ION DOLLARS OF ORIGINAL DEBT WERE AUTHORIZED AND ISSUED O
I-O:D ANTICIPATION NOTES. MR. OWENS EXPLAINED THAT HIS BOND COUN6FL
HAD ADVISED THAT THE CITY IS NOT NOW ALLOWED TO TAKE ADVANTAGE. OF
THE AMOUNT PREVIOUSLY REPAID THUS ALL THAT IS ALLOWABLE UNDER THE
INITIAL. VALIDATION FOR. USE IS THE $500,000. THEREFORE, THE CITY
WOULD BE IN THE POSITION OF MIXING A VALIDATED VS. NON -VALIDATED
ISSUE. SINCE THE AMOUNT OF THE IMPROVEMENTS ARE NOT KNOWN AT THIS
TIME, MR. OWENS SUGGESTED ADDRESSING THIS ISSUE AFTER. THE CITY'S
' ENGINEERS ARE THROUGH WITH THEIR RATE STUDY.
UNFINISHED BUSINESS
.ITEM 1.ORDINANCE NO. 16-85 AMENDING THE ZONINGCODE BY
ESTABLISHING R. 6 EARTH STATION ANTENNA.
REGULATIONS SECOND READING AND PUBLIC HEARING;
POSTPONED3-191
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, FLORIDAI AMENDING
SECTION 632,01, DEFINITIONS BY ESTABLISHING
THE DEFINITION OF "EARTH STATION ANTENNA"I,
ESTABLISHING SECTION 639.61, "EARTH STATION
ANTENNA REGULATIONS'; REPEALING, ALL PORTIONS
OF THE CODE IN CONFLICT' HEREWITH;.PROVIDING
AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR POSTPONEMENT. MR. FISCHETTI SECONDED
MOTION. MOTION. CARRIED UNANIMOUSLY. ORDINANCE NO. 16-85 POST-
PONED'UNTIL NEXT; MEETING.
ITEM 2. ORDINANCE NO. 19-85 ESTABLISHING CODE CHAPTER 637,
IMPACT FEES SECOND READING AND PUBLIC NEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE ESTABLISHING CHAPTER 637 "IMPACT FEES".
OF THE CODE OF ORDINANCES. OF THE CITY OF CAPE
CANAVERAL, FLORIDA,, BY ESTABLISHING AN LMPACT FEE
ON LARGE COMMERCIAL PROJECTS AND RESIDENTIAL
BUILDINGS IN EXCESS OF TWO (2) STORIES FOR FIRE
' DEPARTMENT EQUIPMENT; PROVIDING AN EFFECTIVE DATE;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERE-
WITH.
MR. FISCHETTI MOVED FOR ADOPTION, MR. MARCHETTI SECONDED
MOTION. DISCUSSION FOLLOWED ON. THE AMOUNT. OF IMPACT FEE. MR.
MARCHETTI MOVED. TO AMEND SECTION 2(C) BY INCREASING THE IMPACT FEE
TO $200.00 PER UNIT. MR, FISCHETTI SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.:
MR. WINCHESTER MOVED TO AMEND SECTION 2(d) BY INCREASING THE
FEE TO $200.00 PER UNIT. MR. MARCHETTI SECONDED THE MOTION.
CITY Comm Romm MEETING
APRII.2. 1985
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CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS.
,11DINANCE NO. 19-85, AS AMENDED,WAS ADOPTED.
BUSINESS
ITEM 1. MOTION REt IT -_-PETITION FOR. RELIEF FROM ORDINANCE NO.
-84 BUILDING MORATORIUM WITHIN FOOT OF THE
COASTAL CONSTRUCTIONCONTROL LINE LOCK LOT 13,
AVON -BY -THE -SEA CATER ETWEEN WASHINGTON AND'
ADAMS . PETITIONERS IS HUGH GRIFFITH, BUILDER
MAYOR RUTHERFORD MOVED TO GRANT RELIEF. MR. NICHOLAS SECONDED
MOTION,
CITY ATTORNEY SCOTT EXPLAINED THIS MOTION WOULD NOT INCLUDE
THE PETITIONER'S REQUEST NUMBER TWO AND THREE. DISCUSSION'
FOLLOWED,
VOTE ON THE MOTION FOR RELIEF WAS UNANIMOUS.
ITEM 2. REPORT RE: STATUS OF VOLUNTEER FIRE DEPARTMENT
WAND THE CITY
CITY MANAGER F. NUTT RECAPPED HIS. MEETING OF. APRIL 1, 1985
WITH VOLUNTEER FIRE CHIEF. PAT'. LEE. MR. NUTT NOTED THAT CHIEF LEE
INDICATED HE FELT THE PROPOSED LEASE AGREEMENT DRAWN UP BY THE
.CITY ATTORNEY WOULD NOT BE ACCEPTABLE TO THE VOLUNTEERS. HOWEVER,
THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT WOULD HOLD A SPECIAL
MEETING WEDNESDAY, APRIL 3, 1985 AND THE LEASE AGREEMENT, WOULD BE
DISCUSSED AT THAT TIME. CITY MANAGER NUTT AND CHIEF LEE ALSO
DISCUSSED. THE ROLE OF THE VOLUNTEERS IN THE IMPLEMENTATION OF THE
FIRE SERVICE POLICY THAT WAS ADOPTED BY THE CITY .COUNCIL. ,THIS
ITEM WILL ALSO, BE DISCUSSED AT THE CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT SPECIAL MEETING. DISCUSSION FOLLOWED.
ITEM 3. ORDINANCE NO. 20-85 AMENDING CHAPTER 624 BY
E GNATI G ADDITI A AS SPECIA F D
AE RS NGAN C ING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
' AN ORDINANCE AMENDING CODE CHAPTER 624.
"FLOOD DAMAGE PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL. .
FLORIDA., BY 'REPEALING SEC. 624.05 (B), (C),
AND (D) AND REPLACING WITH A NEW SEC. 624.05
(B) AND (C)I REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITHi PROVIDING AN
EFFECTIVE DATE.
MR. FISCHETTI. MOVED TO APPROVE FIRST READING. MR. MARCHETTI
SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.,.
CITY MANAGER NUTT DISCUSSED THE COUNTY'S'PLANS FOR EROSION
CONTROL AND UPDATED THE COUNCIL ON D.N.R.'S FUTURE PROPOSALS.
CITY COUNCIL HEGu AR MEETING
APRIL 2, 1985
PAGE 3 OF 6
1:M A. RESOLUTION NO. 55-22 RENEWAL OF LOAN WITH FIRST
AMERICAN BANK AND TRUST F'OR PURCHASE OF BI..00K 47
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA TO RENEW A LOAN WITH FIRST AMERICAN BANK
A14D TRUST FOR THE PURCHASE FBLOCK 47
SEA SUBDIVISION; AUTHORIZING THE MAYOR, AND CITY THE
CLERK TO EXECUTE THE NECESSARY LOAN DOCUMENTS TO
RENEW THAT LOAM BY PLEDGING CERTAIN FRANCHISE FEES
AS COLLATERAL FOR SAID LOANI BY PROVIDING AN
EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION.
MOTION PASSED UNANIMOUSLY.. RESOLUTION N0. e5-22 WAS ADOPTED.
ITEM 5. NATURALI RESOURCES RENl iADUNEMCROSSOVER PROJE�� OF
PHASE II
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 FLORIDA DEPARTMENT OF NATURAL
RESOURCES FOR THE DUNE CROSSOVERPROJECT' PHASE.
II, IN THE CITY OF. CAPE CANAVERALI PROVIDING
AN EFFECTIVE DATE.
MR. MARCHETTI MOVED FOR ADOPTION. MR. FISCHETTI SECONDED
MOTION.
MAYOR RUTHERFORD EXPLAINED. THAT THIS WOULD EXTEND THE CITY'S
LINE CROSSOVERS AND REVEGETATION. VOTE ON THE NOTION WAS UNANIMOUS.
RESOLUTION NO. 85-23 ADOPTED.
ITEM 6. RESOLUTION NO. 85-24 APPOINTMENT OF ALTERNATE MEMBERS
TO THE PLANNING AND ZONINGBOARD
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS'
A RESOLUTION APPOINTING ALTERNATE MEMBERS
TO THE PLANNING .AND ZONING BOARD! PROVIDING
AN EFFECTIVE DATE.'.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION. .VOTE ON THE MOTION WAS UNANIMOUS, MR. WILLIAM WINCHESTER.
WAS APPOINTED FIRST ALTERNATE AND MS. HELEN FILKINS WAS APPOINED
' AS SECOND ALTERNATE,
ITEM 7. RESOLUTION NO. 8525 APPOINTMENT OF CAPE CANAVERAL
'HOSP TAL STUDY COMMITTEE
MAYOR RUTHERFORD. READ THE TITLE OF THE RESOLUTION, AS FOLLOWSt
A RESOLUTION ESTABLISHING A CITIZENS COM-
MITTEE TO INVESTIGATE THE CHANGEOVER IN THE
STATUS OF THE CAPE CANAVERAL HOSPITALI'PRO
'VIDING FOR ,THE MEMBERSHIP OF THAT COMMITTEEI
DIRECTING THE COMMITTEE TO INTERFACE WITH
SIMILAR COMMITTEESi PROVIDING AN EFFECTIVE DATE.
CITY OyUa-n. RECAIIAR Mmvm
APRIL 2, 1985
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MR. MARCHETTI MOVED FOR ADOPTION. MR. FISCHETTI SECONDED
'W TION.
MAYOR RUTHERFORD EXPLAINED THE RESOLUTION APPOINTED MR.
TUM DOLAN, MISS DIANE GREER, AND MS. HELEN FILKINS TO THE
COMMITTEE.
VOTE ON THE MOTION. WAS UNANIMOUS'. RESOLUTION NO. 85-25
ADOPTED.
ITEM S. MOTION Mi PERMISSION TO ADVERTISE BIDS FOR REPAIRS
' TO CITY N F. -;
MAYOR RUTHERFORD SO MOVED. MR. WINCHESTER SECONDED MOTION.
VOTE ON THE. MOTION WAS UNANIMOUS.
MR. FISCHETTI MOVED ;FOR THEFOLLOWING ADD -ON -ITEM. MR.
WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY'.
ADD-ON ITEM: MOTION AUTHORISING CITY STAFF TO DO STUDY'
RE: AI FIRE DEPARTMENT BUILDING
MR. FISCHETTI SO' :MOVED,. MR. MARCHETTI SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY. IT WAS NOTED THAT THE STAFF WOULD REPORT
HACK TO COUNCIL AT THE NEXT WORKSHOP MEETING.
MR. NICHOLAS MOVED FOR THE FOLLOWING ADD-ON ITEM. MR.. WINCHESTER
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY -
ADD -ON ITEMS MOTION SETTING SPECIAL MEETING ON APRIL 11,
1985 AT 73P.M. REf SEWER ND ANTICIPATION'
NOTES..
MR. NICHOLAS SO MOVED. MR. WINCHESTER. SECONDED MOTION. CITY
ATTORNEY. SCOTT EXPLAINED THAT THERE WOULD POSSIBLY BE A RESOLUTION
TO BE ADOPTED AT THIS SPECIAL MEETING.: VOTE ON THE MOTION WAS
UNANIMOUS.'
DISCUSSION
DISCUSSION WAS HELD ON THE CONTRACT AGREEMENT. BETWEEN THE
' CITY AND BRILEY, WILD 4 ASSOCIATES. CITY ATTORNEY SCOtT REVIEWED.
THE CONTRACT AND PRESENTED A MEMORANDUM TO THE COUNCIL EXPLAINING
THE CITY HAS. THE OPTION. To CONTRACT WITH OTHER ENGINEERING FIRMS
FOR PLAN REVIEWS. THIS ITEM TO BE PLACED ON THE NEXT WORKSHOP
AGENDA.
THERE BEING NO FURTRER BUSINESS, THE MEETING WAS ADJOURNED AT
9:00 P.M.
. CITY COUNCIL 1831AR METING
APRIL 2. 1985
. PAGE 5 OF 6
MICROFILMED AUG 87
APPROVED THIS 16th DAY OF April , 1985 .
1.2 P
ayor 4
ATTEST:
C&ty Clerk
(These Minutes were transcribed by Secretary, Barbara Cascella)
CITY COUNCIL REGULAR MEETING
APRIL 2, 1985
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APRrL 2, 1985
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