HomeMy WebLinkAboutMinutes 05-07-1985CITY COUNCII,
REGULAR MEETINQ
MAY 7, 1985
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON MAY 7, 1985, ATCITY HALL,
105POLK AVENUE,CAPE CANAVERAL,FLORIDA.
THE MEETING WAS. CALLED To ORDER AT -705 P.M. BY MAYOR WAYNE
RUTHERFORD. INVOCATION AND.PLEDGE OF ALLEGIANCE WERE LED BY
M?.YOR RUTHERFORD,
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALSPRESENT WERE
MAYOR W. RUTHERFORD, MAYOR PRO TEM J. WINCHESTER,. COUNCIL MEMBERS
.3. FISCHETTI, AND L. NICHOLAS. ALSO PRESENT WERE CITY MANAGER F.
NUTT, CITY ATTORNEY J. SCOTT AND CITY CLERK J. LEESER.- MR..MARCHETTI
WAS OUT -OF -TOWN -
MR. FISCHETTI MOVED TO APPROVE THE ;MINUTES OF. THE REGULAR
MEETING OF APRIL 16,. 1985 AND THE SPECIAL MEETINGS OF!APRIL 11, 1985
AND APRIL 18, 1985, MOTION CARRIED UNANIMOUSLY.
_UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 21+85 AMENDING ZONING CODE SEC. 632..01
BY ESTABLISHING DEFINITI-9rror STORAGE GARAGE i
I- RAGARHOUSES
Ci STORAGE ILITIES SEONAE N
i PUBLIC --
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWSt
AN ORDINANCE AMENDING CHAPTER 630, ZONING
REGULATIONS, OF THE 'CITY OF CAPE CANAVERAL,
FLORIDAI 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 A NEW SEC. 638.03 (D)
"MINI -STORAGE AND STORAGE GARAGES". (E)
"PAINT AND BODY SHOPS" AND (F)' "MOTOR VEHICLE.'
REPAIR SHOPS"? BY REPEALING ALL PORTIONS OF.
THE CODE IN CONFLICT HEREWITH? BY PROVIDING
AN EFFECTIVE DATE.
MR. FISCHETTI MOVED FOR .ADOPTION. MR. WINCHESTER SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY,' ORDINANCE No. 21.-85 WAS
ADOPTED.
ITEM 2. ORDINANCE NO.' 22-65'AMENDING ZONING CODE BY ESTABLISH-
ING SEC..64 08 CERTIPICATE O OCCUP CY. FOR
OTE AND MOTELS SECON I G .PUBLIC NEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWSt
City omuHcil Rag%aar Maati?g
May 7, 1985
Page 1 of 7
AN ORDINANCE AMENDING CHAPTER 630, "ZONING
REGULATIONS" OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY ESTABLISHING SECTION 645.08,
"CERTIFICATE OF OCCUPANCY FOR HOTELS AND
MOTELS"I BY REQUIRING ONE HUNDRED FIFTY 1150)
UNITS OF A HOTEL OR HOTEL TO BE ISSUED A.
CERTIFICATE OF OCCUPANCY AT ONE TIMET BY
REQUIRING ALL UNITS WITHIN ANY ONE BUILDING
OF A H07EL OR MOTEL TO BE COMPLETED BEFORE A
CERTIFICATE OF OCCUPANCY IS ISSUEDI REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION.. MR: FISCHETTI SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 2285 WAS
ADOPTED.
ITEM 3. ORDINANCE NO 23-85 AMENDING 'ORD. NO. 19-85, AERIAL
'FIRE TRUCK. IMPACT FEES BY DESIGNATING PORTION OF
IMPACT PEE TO 8E USED FOR CONSTRUCT OH OFNEW FIRE
STATION? SECOND READING AND PUB HEARING
MAYOR' RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING ORDINANCE N0, 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
TRUCHI REPEALING ALL PORTIONS OF THE CODE IN.
CONFLICT HEREWITHI PROVIDING AN EFFECTIVE
DATE.
MR. NICHOLAS MOVED FOR ADOPTION- MR. FISCHETTI SECONDED
MOTION. ITWAS EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD
ALLOW FIVE PERCENT OF THE IMPACT FEE TO BE APPLIED TOWARDS THE
CONSTRUCTION OF A FIRE STATION.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO, 23-85 WAS
ADOPTED.
NEW BUSINESS
ITEM 1. DISCUSSION WITH BAILEY WILD i ASSOCIATES RES.SITE
PLAN REVIEWS
MR. SCOTT SPOONER, OF BRILEY" WILD AND ASSOCIATES, WAS IN '
ATTENDANCE AND REVIEWED THE FEE SCHEDULE FOR PLAN REVIEW:
DISCUSSION FOLLOWED ON THE TINE FRAME OF PLANS REVIEW AND .THE COST
OF SITE VISITS. MR. NICHOLAS VOICED THE OPINION TRATAN ENGINEER
CLOSER TO CAPE CANAVERAL WOULD POSSIBLY BE MORE FEASIBLE. MR;. NUTT
WILL MONITOR THE NEW PROCEDURES AND REPORT BACK TO COUNCIL PERIODICALLY.
ITEM 2. DISCUSSION REt AWARD or BID FOR DUNE CROSSOVER
EXTENSION PHASE II
city a uracil Regular M-tim
May 7, 1985
Page 2. of 7
COUNCIL HAD BEFORE THEM THE RECOMMENDATION FROM BRILEY, WILD
7 -ND ASSOCIATES TO AWARD THE BID FOR CONSTRUCTION OF THE DUNE
CROSSOVER EXTENSIONS TO, HALIFAX.. MARINE.,
MR, NICHOLAS MOVED TO AWARD THE BID, IN THE AMOUNT OF $89,500,
TO HALIFAX MARINE.. MR. WINCHESTER SECONDED MOTION. - -
MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO. 24+85 ESTABLISHING 'COASTAL CONSTRUCTION
SETBACK LINEAND COASTAL CONSTRUCTION CONTROL
LINE FIRST READING AND PUBLIC HEARING
MAYOR RUTHERFORD :READ THE. TITLE OF THE ORDINANCE AS,OLLOWS1
AN ORDINANCE AMENDING CHAPTER 630, "ZONING REGULATIONS',
OF THE CODE OF. ORDINANCES OF THE CITY OF CAPE.
CANAVERAL, FLORIDA BY ESTABLISHING SECTION 635.25 ,
CONSTRUCTION
REPEAL NGALLPORTIONSSOFBTHE CODEC INTCONFLICTS-7
NEREWITHI PROVIDING AN EFFECTIVE .DATE.
MR. FISCHETTI MOVED TO APPROVE FIRST READING, MR. WINCHESTER
SECONDED MOTION. DISCUSSION 'FOLLOWED. MS. HELEN FILKINS SPOKE
IN FAVOR OF THE ORDINANCE.
VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR., FISCHETTI,
MAYOR RUTHERFORD AND MR. WINCHESTER$ OPPOSED, MR, NICHOLAS.
ORDINANCE NO. 24-85 APPROVED FIRST READING.
ITEM 4. ORDINANCE NO 25-85 AMENDING CHAPTER 703,. LOT
CLEARING BY DECLARINGDEAD TREES A PUBLIC
NUISANCE FIRST READING 4 PUBLIC HEARNG
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS''
AN ORDINANCE AMENDING CODE CHAPTER 703, *LOT
CLEARING"., OF THE CODE OF ORDINANCES OF THE
CITY. OF CAPE CANAVERAL, FLORIDA, BY 'REPEALING
SEC. 703.03 IM ITS ENTIRETY. AND REPLACING.
WITH A NEW SEC .703.03, "PUBLIC NUISANCES"
PROHIBITED"t REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE.
DATE.:
MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. FISCHETTI
' SECONDED MOTION. CITY ATTORNEY. SCOTT INFORMED COUNCIL THAT
DEPUTY CITY ATTORNEY, JAMES THERIAC, IS RESEARCHING THE ISSUE OF
DEAD TREES TO SEE IF ANYTHING ELSE CAN .RE DONE..
VOTE ON THE MOTION WAS 'UNANIMOUS. ORDINANCE No'26-85
APPROVED FIRST. READING,
ITEM 5. ORDINANCE NO 26-85 AMENDING CHAPTER_622, LAND
CLEARINGS BURNINGS BY PROHIBITING BURYING OF LAND
LEARIN is .tr4mwr READ NG G PUBLIC HEARING
City m=u Regular wa-ug
May 7, 1985
Page 3 of 7
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 622, LAND CLEARINGS
BURNINGS, OF THE CODE OF ORDINANCES OF THE CITY OF
CAPE ESTABLISHING SFLORIDA, GHTITLE D
SECTION 'BURIAL
NATURAL COVER PROHIBITED'; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN
EFFECTIVE;DATE.
MR. NICHOLAS MOVED TO APPROVE FIRST READING.MR. FISCHETTI
SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS.
ITEM 6. -0ADINANCE NO.27-85 AMENDING EONINGCODE .BY
ESTABLISHING SEC
FIRST R . 6 DUNE CROSSOVERS UIRED
EADING i PUBLIC NE RING
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
ESTABLISHING SECTION 637.44, "DUNE CROSS-
OVERS REQUIRED"1 REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN
'EFFECTIVE DATE.'
MR. NICHOLAS, MOVED TO APPROVE FIRST .READING. MR. FISCHETTI
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY..
ITEM 7. ORDINANCE NO. 28-85 AMENDING CODE CHAPTER 637,
IMPACT FEES BY ESTABLISHING. IMPACT FEES FOR
CONSTRUCTION OF FIRE HOUSE FIRST READING AND
PUBLIC HEARING
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS,
AN ORDINANCE AMENDING CHAPTER 637. "IMPACT
FEES', OF THE CODE OF ORDINANCESESTABLIE CITY
OF CAPE CANAVERAL, FLORIDA. By I
NEW SECTIONS 637.10, 637.11, AND 637..12,
"IMPACT FEES FOR FIRE STATION, FOR RESIDER -
TIAL, INDUSTRIAL., COMMERCIAL, AND HOTWHOTEL
PROJECTS"i REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE
DATE.
MR. FISCHETTI MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION. IT WAS POINTED OUT THAT ADOPTION OF THIS ORDINANCE WOULD
IMPOSE THE FOLLOWING IMPACT FEE FOR THE, CONSTRUCTION OFA FIRE
' STATION,510.00 PER RESIDENTIAL UNIT AND 610.00 PER 1,000 SQUARE
FEET OF COMMERCIAL AND. INDUSTRIAL PROJECTS.
DISCUSSION FOLLOWED- MR. MURPHY SPOKE AGAINST ORDINANCE
VOICING THE OPINION THAT THE CITY COUNCIL SHOULD EXPLORE THE
POSSIBILITY OF RECOVERING THE USE OF THE VOLUNTEER FIRE STATION.
IT WAS EXPLAINED THAT. THE CITY HAD 'OFFERED A PROPOSED LEASE TO THE
City O=ri1 Aagular Mieting
May 7, 1985
Page 4 of 7
rLUNTEERS. WHICH THEY REJECTED. MR. DOLAN SPOKE IN FAVOR OF
,�r 'ruE. ORDINANCE.
VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 28-85
APPROVED FIRST READINGL
ITEM B. RESOLUTION N0. 85-27 AMENDING GARBAGE COLLECTION
RATES
MAYOR RUTHERFORD READ THE .TITLE OF THE RESOLUTION AS FOLLOWS'
A RESOLUTION ESTABLISHING'A NEW SCHEDULE OF.
RATES FOR GARBAGE AND TRASH COLLECTION ,WITHIN
THE CITY,OF CAPE CANAVERAL, FLORIDA$, PROVIDING
AN EFFECTIVE DATE.
MR. FIScHETTIMOVED FOR ADOPTION, MR. WINCHESTER SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. THE FOLLOWING RATES WERE
ADOPTED'
a. Single family, duplex p triplexes 56.23 per unit
per month
b. Mobile home unit$ i individual' apart- ' 4.21 per unit
ments or condominiums per month
C. Individual commercial business account 7.50 per unit
with trash cans per month
d. Cb aerial apartment used by comm d tial 18.87 pised er coantd
ainer-
condominiums r per month
e. Special collection services in addition .2.69 per container
to the normally provided twice weekly yardper
service for. commercial dumpaters as pick-up
provided in paragraph°"dm above
ITEM 9. RESOLUTIO NO. 85-26 SUPPORTING CITY OF TITUSVILLE.
IN T$IEIR DISPUTE WITH JESS PARKASH MEMORIAL HOSPITAL
MAYOR RUTHERFORD READ TRE TITLE OF THE RESOLUTION AS FOLLOWS'
A RESOLUTION IN SUPPORT OF THE CITY OF
TITUSVILLE IN THEIR LEGAL CHALLENGE REGARDING
THE JESS PARRISH MEMORIAL HOSPITAL CHANGE IN
STATUS=. AUTHORISING THE CITY CLERK TO MAIL
COPIES OF THIS RESOLUTION$,. PROVIDING AN
EFFECTIVE DATE..
MR. NICHOLAS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION. MAYOR RUTHERFORD THEN READ THE ENTIRE RESOLUTION.
DISCUSSION FOLLOWED.. MR, DOLAN, OF THE HOSPITAL STUDY COMMITTEE,.
SPOKE IN FAVOR OF THE RESOLUTION; AND GAVE A REPORT TO. COUNCIL ON
THE FINDINGS OF HIS COMMITTEE. DISCUSSION FOLLOWED-
VOTEONTHE NOTION WAS UNANIMOUS. MR. JIM BROWN, VICE-MAYOR
OF TITUSVILLE. WAS IN ATTENDANCE AND THANKED COUNCIL FOR THEIR
SUPPORT.
City Oou"cil Regular MWtUq
May 7, 1965
page 5 of 7
ITEM 10. DISCUSSION RE: REVIEW OF PRELIMINARY DRAWINGS
AND PRELIMINARY COST ESTIMATES FOR RECREATION
CENTER BUILDING
MAYOR .RUTHERFORD EXPLAINED THAT THE PRESENT RECREATION
COMPLEX BUILDING IS IN NEED. OF ROOF REPAIRS AND EXTENSIVE
STRUCTURAL REPAIRS AND THAT IS WHY THE DECISION WAS MADE TO
CONSTRUCT A NEW BUILDING ON THE SITE..' '.
COUNCIL ,HAD BEFORE THEM THE PRELIMINARY PLANS AND. THE. COST
ESTIMATES. IT WAS NOTED THAT THE COST ESTIMATE OF $102,669.00.
WAS HIGHER THAN ESTIMATED.
IT WAS POINTED OUT THAT SOME TREES MAY BE LOST IN CONSTRUCTION
OF THE NEW BUILDING. IT WAS THE WISH OF COUNCIL THAT AS MANY
TREES AS POSSIBLE BE. SAVED. IT WAS FURTHER NOTED THAT THE
RECREATION BOARD HAD APPROVED THE DRAWINGS. -
MAYOR RUTHERFORD MOVED TO AUTHORIZED PERMISSION TO ADVERTISE
FOR THE NEW RECREATION. COMPLEX BUILDING.. MR. NICHOLAS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
DISCUSSION
MAYOR RUTHERFORD REMINDED EVERYONE OF THE BREVARD LEAGUE OF
CITIES MEETING ON MONDAY.
CITY MANAGER. F. NUTT INFORMED COUNCIL THAT HE HAD CONTACTED
THE ATTORNEY WHO WAS REPRESENTING THE PROPERTY 'OWNERS .ATTHE .END
OF CENTRAL. THE ATTORNEY SAID THE PROPERTY OWNERS WERE TRYING. TO
RECRUIT A CIVIC ORGANIZATION TO CUT DOWN THE DEAD PINE TREES. THEY.
ALSO WANTED TO KNOW IF THE CITY WOULD BE WILLING TO HAUL OFF THE
TREES, ONCE THEY WERE CUT DOWN. MR. NICHOLAS' SUGGESTED THE CITY,
HAUL AWAY THE DEAD TREES IN EXCHANGE FOR ABEACH ACCESS EASEMENT
' ON THE NORTH SIDE OF THE LOT. MR. NUTT WILL CONTACT THEIR ATTORNEY
REGARDING THIS PROPOSAL.
MR. NUTT ALSO NOTED THAT MRS. THURN HAD AGREED TO ASSIST HIM
WITH THE TECHNICAL ADVISORY COMMITTZE WORK.
MR. WINCHESTER REQUESTED ALETTER OF THANKS HE WRITTEN TO ALL
VOLUNTEER BOARD MEMBERS.
MR. WINCHESTER FURTHER SUGGESTED THAT THE 'PLANNING AND ZONING
BOARD ADDRESS THE ISSUE OF REDUCING THE DENSITY FOR HOTELS AND MOTELS.
City OmaXil Regular Meeting
May 7, 1985
Fag 6 of 7
1_. ‘0.
MICROFILMED AUG 87
CITY ATTORNEY SCOTT APPRAISED COUNCIL THAT THE VILLAGES OF
SEAPORT. HAD BEEN GRANTED A BURN PERMIT PRIOR TO THE ADOPTION OF
THE ORDINANCE PROHIBITING LAND CLEARINGS BURNINGS AND THAT THEY
WERE CONTESTING THE PROHIBITION OF THEM NOT BEING ALLOWED TO
BURN.
MR. DAVIS, A HARBOR HEIGHTS RESIDENT, DISCUSSED THE LOCATION
OF THE WALL AT VILLAGES OF SEAPORT. BUILDING OFFICIAL, MR. GUNN,
IS TO LOOK IN TO THE MATTER.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9 :50 P.M.
APPROVED THIS 21st DAY OF May , 1985 .
(J11-71 -1.1-4-4
M yor
ATTEST:
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(ty Clerk
City Council Regular Meeting
Page 7 of 7
CITY ATTORNEY SCOTT APPRAISED COUNCIL. THAT THE VILU.GES OF
:!IiAPOPT BAD BEEN GRANTED A BURN PERMIT PRIOR TO THE ADOPTION OF
City ODL=il Regular Moeting
Page 7 of