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Home My WebLink AboutMinutes 04-16-1985CITY COUNCIL REGULAR MEETING.. APRIL 16, 1985 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. WAS ,HELD ON APRIL 16, 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, COUNCIL MEMBERS J. FISCHETTI, M. MARCHETTI, AND L. NICHOLAS. ALSO PRESENT WERE CITY MANAGER t. NUTT, CITY ATTORNEY J. SCOTT AND CITY CLERK J. LEESER. MAYOR PRO TEM J. WINCHESTER WAS ABSENT DUE TO A WORK COMMITTMENT. MR. FISCHETTI MOVED TO APPROVE THE MINUTES OF THE:REGULAR MEETING OF APRIL 2. 1985, 'MR, MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. AT THIS TIME, MAYOR RUTHERFORD PRESENTED THE "VOLUNTEER OF THE MONTH" AWARD TO MS. MARILYN RIGER14AN FOR SERVING AS A MEMBER OF THE BOARD OF ADJUSTMENT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 16-85 'AMENDING THE ZONING CODE BY ESTABLISHING SEC. .6EARTH STATION ANTENNA' REGULATIONS SSECOND READI G AND PUBLIC 1 ING; POS PONED4- - 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 DEFINITIONS OF "EARTH STATIONANTENNA"; ESTABLISHING SECTION 639.61, "EARTH STATION ANTENNA REGULATIONS"J REPEALING ALL PORTIONS ' OF THE CODE. IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. MR. NICHOLAS MOVED To AMEND BY CHANGING ITEM 2 IM SECTION 2 TO READ, AS POLLOWSs "NO EARTH STATION ANTENNA SHALL BE MOUNTED ONTO THE TOP OR SIDE OF ANY SINGLE FAMILY BUILDINGS; DUPLEX OR TRIPLEX. THEY., SHALL BE PLACED AT GROUND LEVEL FOR SINGLE FAMILY BUILDINGS, DUPLEX OR TRIPLEX." AND TO AMEND ITEM 5 IN SECTION 2 BY THE ADDITION OF THE WORDS " OFA GROUND MOUNTED ANTENNA." CITY COUNCIL. RDa1LAR MEETING APRIL. 16, 1985 PACE 1 OF 5 'U.BCIIETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. VOTE ON THE MAIN MOTION WAS UNANIMOUS. ,ORDINANCE NO. I6-85, ..S 1NENDED, WAS ADOPTED. ITEM 2. ORDINANCE NO. 20-85 AMENDING CHAPTER 624 BY DESIGNATING ADDITIONAL AREA AS SPECIAL LOOD HAZARD AREAS SECOND READING ANDUBL HEARING 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 JD) AND REPLACING WITH A NEW SEC. 624.05' CODE IN CONFLICT HEREWITH} PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS 14OVED FOR ADOPTION.. MR. FISCHETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED.THAT THIS ORDINANCE SPECIFIED MORE STRINGENT BUILDING REQUIREMENTS WITHIN FIFTY FEET OF THE COASTAL CONSTRUCTION CONTROL'LINE, SPECIFICALLY, THE REQUIREMENT OF PILINGS. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 20-86 WAS ADOPTED. KEW BUSINESS ITEM 1. MOTIONREt ALLOCATION OF. FUNDS TO CAPE CANANVERAL. LIBRARY MAYOR RUTHERFORD MOVED TO ALLOCATE $1.,000 TO THE CAPE CANAVERAL LIBRARY. MR... FISCHETTI SECONDED MOTION.. MAYOR RUTHERFORD EXPLAINED THAT THE CITY HAD SUBSIDIZED THE LIBRARY, ALONG WITH DONATIONS THEY HAVE RECEIVED FROM SHUFORD MILLS,. INC., IN ORDER TO ALLOW: THE LIBRARY TO MAINTAIN THEIR CURRENT LEVEL. OF OPERATION. MR. NICHOLAS POINTED OUT THAT THIS WAS 'REQUIRED AS A RESULT OF BREVARD COUNTY CUTTING FUNDS TO. THE LIBRARY., MS. IRENE SANDERS, LTBRARIAN.' WAS.IN ATTENDANCE AND EXPLAINED ' TO THE COUNCIL' THAT THE COUNTY WOULD BE SENDING A CONSULTANT TO THE CAPE CANAVERAL LIBRARY TO DO A STUDY. IFAS A RESULT OF THE, STUDY,. THE COUNTY ALLOCATES MORE MONEY TO THE LIBRARY. THE LIBRARY WILL RETURN THE $1,000 ' TO THE CITY. VOTE ON THE MOTION. WAS: UNANIMOUS. ITEM 2. ORDINANCEN0.21-85 AMENDING ZONINGCODE SEC. 632.01 BY ESTABLISHING DEFINITIONS OF STORAGE GARAGE i MINI -STORAGE AND AMENDI SEC.• P t WA -USES i TO FACILITIES i B HEARING) CITY OOINCm ROAM MmTING APRIL 16, 1985 PAGE 2 OF 5 '::.YOR 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 SECTION 632.01, "DEF- INITIONS", BY ESTABLISHING THE DEFINITIONS FOR "STORAGE GARAGE" AND "MINI-STORAGE"i BY AMENDING SECTION 638.03, "M-1 PRINCIPAL USES AND STRUCTURES"„ BY DELETING SEC. 638.03 (D) AND REPLACING IT WITH NEW SEC. 638.03 (D), "MINI -STORAGE AND STORAGE GARAGES", (E) "PAINT AND BODY SHOPS" AND (F) *MOTOR VEHICLE REPAIR SHOPS".M BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT MBREWITHIBY PROVIDING AN EFFECTIVE DATE., NR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. .VOTE ON THE MOTION WAS UNANIMOUS. ITEM 3. ORDINANCE N0.'22-85 AMENDING ZONING CODE BY 'ESTABLISHING SEC. 69 .0 , CERTIFICATE OF OCCUPANCY FOR HOTELS AND HOTELS (FIRST READING L 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 ESTABLISHING SECTION 695.08, "CERTIFICATE OF OCCUPANCY FOR HOTELS AND MOTELS"i BY REQUIRING. ONE HUNDRED FIFTY (150) UNITS OF A HOTEL OR MOTEL TO BE ISSUED A. CERTIFICATE OF OCCUPANCY AT ONE TINE1 BY REQUIRING ALL UNITS WITHIN ANY ONE BUILDING OF A HOTEL OR HOTEL TO BE COMPLETED BEFORE A CERTIFICATE OF OCCUPANY IS ISSUED/REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED To APPROVE FIRST READING; MR. NICHOLAS SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. ITEM 9. 'ORDINANCE N0. 23-85 AMENDING ORD. NO. 19-85, AERIAL FIRE TRUCK IMPACT FEES FIRST READING Xb__P_UB_LlC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS$ AN ORDINANCE AMENDING ORDINANCE NO. 19-85 OF THE CITY OF CAPE CANAVERAL,' FLORIDA. BY ES ' TABLISHING THE DISTRIBUTION OF THE IMPACT FEE BETWEEN THE AERIAL TYPE FIRE TRUCK AND THE STRUCTURE TO HOUSE THE AERIAL .TYPE FIRE TRUCKI REPEALING ALL PORTIONS OF, THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT ADOPTION OF THE ORDINANCE WOULD AMEND THE AERIAL FIRE TRUCK IMPACT FEE ORDINANCE By DESIGNATING FILE PERCENT OF THE IMPACT FEE TO BE USED FOR CONSTRUCTION OF A CITY COUNCIL REGULAR MEEIRNG APRIL 16,'1985 PACE 3 OF 5 ii:l. STATION TO HOUSE THE NEW AERIAL TYPE FIRE TRUCK. DISCUSS]('!: . d.I.OWED. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO, 23-85 APPROVED I'IRST READING. ITEM 5. ORDINANCE NO. 24-85 ESTABLISHING COASTAL CONSTRUCTION SETBACK LINE AND COASTAL CONSTRUCTION CONTROL LINE trlKWf READING ANO PUBLIC NEARING CITY ATTORNEY SCOTT READ SEC. 647..01(8) FROM THE ZONING )RD1NANCE WHICH STATES ALL PROPOSED AMENDMENTS TO THE ZONING ORDINANCE MUST GO TO THE PLANNING AND ZONING BOARD FOR STUDY AND R L:COMMENDATION. MR. MARCHETTI MOVED TO SEND THE, ORDINANCE TO THE PLANNING AND ZONING BOARD FOR STUDY AND RECOMMENDATION.., MR. FISCHETTI SaI:CONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE t APPOINTMENT OF MEMBER TO BREVARD COUNTYS METROPOLITAN PLANNING ORGANIZATION' S (mpol TECHNICAL AD ISORY BOAKV MAYOR RUTHERFORD MOVED TO APPOINTCITY MANAGER NUTT TO THE N.PO'S TECHNICAL ADVISORY BOARD. MR. NICHOLAS SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 7. MOTION RE: ESTABLISHING RATES. FOR SUMMER RECREATION' MAYOR RUTHERFORD MOVED TO ADOPT THE RATES AS SUBMITTED BY RECREATION DIRECTOR, NANCY HANSON, FOR THE. SUMMER RECREATION PROGRAM. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE FOLLOWING RATES WERE ADOPTED. RESIDENTS= $15.00 PER SESSION, $6.00 PER WEEK AND $3.00 PER DAY. NON-RESIDENTS] $17.00 PER SESSION, $7.00 PER WEEK AND $4.00 PER 'DAY - ITEM 8. MOTION REt ENGINEERING FEES FOR 1985 SEWERAGE SYSTEM IMPAOVENENT MAYOR RUTHERFORD MOVED TO HAVE BAILEY, WILD T.ND ASSOCIATES, PROCEED WITH THE. ENGINEERING. PHASE OF THE SUERAGE SYSTEM IMPROVE- MENT PROJECT FOR A FEE OF $$7,900. MR. MARCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION .WAS UNANIMOUS. ITEM 9. 'MOTION RE$ PERMISSION TO ADVERTISE FOR FIRE DEPART- MENT.AERIAL TRUCK MAYOR, RUTHERFORD SO MOVED. MR. FISCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS. CITY DOWELS. REGULhR. MEETING . APRIL 16, 1985 PAGE 4 OF 5 MICROFILMED AUG 87 ITEM 10. MOTION RE: PERMISSION TO ADVERTISE FOR RENOVATION OF PUBLIC SAFETY BUILDING TO HOUSE FIRE EQUIPMENT MAYOR RUTHERFORD SO MOVED. MR. FISCHETTI SECONDED MOTION. DISCUSSION FOLLOWED. MOTION CARRIED UNANIMOUSLY. DISCUSSION CITY MANAGER F. NUTT REMINDED THE MAYOR AND COUNCIL MEMBERS OF THE SPECIAL MEETING TO BE HELD ON THURSDAY, APRIL 18TH. MR. TONNER AND MRS . TINNY ADDRESSED THE COUNCIL REGARDING REINSTATING THE ALLOWANCE OF BONFIRES ON THE BEACH. DISCUSSION FOLLOWED. AGENDA THIS ITEM FOR THE NEXT WORKSHOP MEETING. %OP DISCUSSION CONTINUED ON THE PROBLEM OF THE DEAD PINE TREES ON THE PRIVATE PROPERTY AT THE EAST END OF CENTRAL BOULEVARD. MR. NUTT INFORMED COUNCIL HE HAS BEEN IN CONTACT WITH THE PROPERTY OWNERS ' ATTORNEY REGARDING THE PROBLEM. IT WAS SUGGESTED THE CITY ATTORNEY CONTACT THE FLORIDA LEAGUE OF CITIES AND REQUEST ORDINANCES OTHER MUNICIPALITIES HAVE ADOPTED REGARDING THE REMOVAL OF DEAD TREES . THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8 :55P.M. APPROVED THIS 7th DAY OF May , 1985 . (t(AtAr ',111" c14#_.1 Mayor � r ATTEST: *fly Clerk CITY COUNCIL REGULAR MEETING APRIL 16, 1985 PAGE 5 OF 5 ITEM 30. MQTION REs PERMISSION TO AUVCRTISE FOR RENOVAI'I Uf: OF PUBLIC SAFETY BUILDING TO I10 SE FIRE EQUIPMENT MAYOR RUTHERFORD SO MOVED. MR. FISCHETTI. SECONDED MOTION. DISCUSSION FOLLOWED. MOTION CARRIED UNANIMOUSLY. DISCUS—ION CITY MANAGER F. NUTT REMINDED THE MAYOR AND COUNCIL MEMBERS OF THE SPECIAL MEETING TO BE MELD ON THURSDAYAPRIL 18TH. MR, TONNER AND MRS, TINNY ADDRESSED THE COUNCIL REGARDING REINSTATING THE ALLOWANCE OF BONFIRES ON THE BEACH. DISCUSSION 1'0I.I.OWED. AGENDA THIS ITEM FOR THE NEXT WORKSHOP MEETING. DISCUSSION CONTINUED ON THE, PROBLEM OF THE DEAD PINE. TREES ON THE PRIVATE PROPERTY AT THE EAST END OF CENTRAL BOULEVARD. MR. NUTT INFORMED COUNCIL HE HAS BEEN IN CONTACT WITH THE PROPERTY OW?NERS'. ATTORNEY REGARDING THE PROBLEM. IT WAS SUGGESTED THE CITY ATTORNEY CONTACT THE FLORIDA LEAGUE OF CITIES AND REQUEST ORDINANCES OTHER MUNICIPALITIES HAVE ADOPTED REGARDING THE REMOVAL OF DEAD TREES. THERE BEING NO FURTHER BUSINESS,THE MEETING WAS ADJOURNED AT 8:55P.M. APPROVED THIS 7th DAY OF M8v , 1985, rYvr r rt ATTEST: 'ty C er `� ✓ C�j CITY COUNCIL REGCBAR MEE DC APRIL 16, 1985 PAGE 5 OF 5