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Home My WebLink AboutMinutes 06-04-1985CITY COUNCIL REGULAR MEETING JUNE 4, 1985 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON JUNE 4. 1985, AT CITY HALL, 195 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO. ORDER AT 700 P.M. BY MAYOR WAYNE' RUTHERFORD, INVOCATION AND PLEDGE OF ALLEGIANCE WERE LED BY RUTHERFORD. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR W.RUTHERFORD, MAYOR PRO TEM J. WINCHESTER.' COUNCIL MEMBERS J. FISCHETTI, M.. MARCHETTI, AND L. NICHOLAS. ALSO PRESENT WERE CITY MANAGER P.NUTT, 'CITY ATTORNEY J. SCOTT AND CITY CLERK J. !.EESER. MR. MARCHETTI MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 7. 1985. ` MR. FISCHETTI SECONDED MOTION. MOTION CARRIED. UNANIMOUSLY. NEW BUSINESS' ITEM 1. REPORT FROM CAPE CANAVERAL HOSPITAL STUDY COMMITTEE MAYOR RUTHERFORD EXPLAINEDTHAT MR. TOM DOLAN AND MR. BILL 1RWIN HAD APPROACHED COUNCIL AFEW MONTHS AGO AND OFFERED TO DO A STUDY REGARDING THE CHANGEOVER OF THE CAPE CANAVERAL HOSPITAL FROM A PUBLIC FACILITY TO A PRIVATE FACILITY. (. AT THAT TIME iTHE COUNCIL APPOINTED MR. DOLAN, MS. DIANNE GREER, :AND MS. HELEN, FILKINS TO A HOSPITAL STUDY COMMITTEE.. HE FURTHER NOTED THAT THEY WERE READY TO PRESENT THEIR. FINAL REPORT AND THAT THE REPORT:REPRESENTED THE. POSITION OF THE HOSPITAL STUDY COMMITTEE AND NOT THE CITY COUNCIL. ' AT THIS TIME, MR. DOLAN, CHAIRMAN OF THE COMMITTEE. READ THEIR FINAL REPORT TO THE COUNCIL AND THE CITIZENS IN ATTENDANCE, AT THE REQUEST OF THE COUNCIL, MR. DOLAN ALSO PRESENTED THEIR RECOM- MENDATIONS.. _ MR. GEORGE LEWIS, ATTORNEY WALTER ROSE AND HOSPITAL., ADMINISTRATOR, LARRY GARRISON, WERE. IN ATTENDANCE AND REBUTTED SOME OF THE ALLEGED ALLEGATIONS IN THE REPORT.. CITY COUNCIL f= AR MEETING JUNE 4, 1985 PAGE I OF 5 AT THE REQUEST OF THE MAYOR, CITY ATTORNEY SCOTT OFFERED IiE FOLLOWING RECOMMENDATIONS, 1) AGENDA THE REPORT .FOR THE ':EXT WORKSHOP MEETING AS A DISCUSSION ITEMt 2► FORM A. COMMITTEE, COMPRISED OF A COUNCIL MEMBER AND STAFF. MEMBER To. STUDY THE REPORTt.31 ASK THE HOSPITAL BOARD FOR THEIR COMMENTS ON THE REPORT. DISCUSSION FOLLOWED. MR. WINCHESTER VOICED 1IIS OBJECTIONS 'PO THE WAY IN WHICH THE HOSPITAL CONVERSION OCCURED. MS FILKINS .t.:'E AREPORT ON THE HOSPITAL BOARDS ADVERTISING CONCERNING THE I17ti.GEOVER. AGENDA THIS ITEM FOR THE NEXT WORKSHOP MEETING. AT THIS TIME, MAYOR RUTHERFORD CALLED FOR -AFIVE MINUTE 1,.11CESS. THE MEETING WAS RECONVENED AT 9105 P.M. RUITIONS SEC - ITEM 2. ORDINANCE NAIO,tAY31ING56TORAGENORZPA KINONING GEOFDRECREATIONAL 51 By VEHICLES IN A C ZON BY SPECIAL E% PTION FIRST READING AND PUBLIC HERRING MAYOR RUTHERFORD READ THE .TITLE OF THE ORDINANCE AS FOLLOWS' AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS. OF THE CODE OFORDINANCEA M SEOF THE CITY OF CAPE CANAVERAL, NG SEC., 637.51 "SPECIAL EXCEPTONS INCLUDERM ASIBL BY BOARD OF ADJUSTMENT" E NEW SPECIAL EXCEPTION SECTION ENTITLED COMMERCIAL STORAGE AND PARKING OF RECREATIONAL VEHICLES; REPEALING ALL PORTIONS OF THE CODE IN' CONFLICT HEREWITH, PROVIDING. AN EFFECTIVE DATE. MR. NICHOLAS MOVED TD APPROVE FIRST READING. MR. MARCHETTI I OR RUTHERFORD EXPLAINED THAT THIS ORDINANCE SECONDED MOTION. MAY IONAL VEHICLES IN A C-1 MOULD ALLOW STORING OR PARKING OF RECREAT ZONE BY SPECIAL EXCEPTION - MR. NICHOLAS SUGGESTED COUNCIL ADDRESS SCREENING: AND FENCING THE. STORAGE AREA FROM ADJACENT PROPERTIES. DISCUSSION. FOLLOWED' VOTE ON THE MOTION WAS UNANIMOUS' ORDINANCE NO. 30-85 WAS APPROVED FIRST READING. ITEM 3. .ORDINANCE NO 31-85 SES AND STRUCTURES REGULATIONS SEC. 6 S. READING AND PUBLIC HEARING MAYOR RUTHERFORD READ .THE TITLE. OF THE ORDINANCE AS FOLLOWS'., CPPV CORK,,. FaMM MEETING JUNE A. 1985 PAGE 2OF 5 AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS. OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FI NG SECTION 635.05: 14-1 ACCESSORY USES AND STRUCTURESiREPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH$ PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS NOV ED TO APPROVE FIRSTREADING.:.. MR.. MARCHETTI scCONDED MOTION. CITY. MANAGER_NUTT CLARIFIED THIS ORDINANCE BY L"PLAINING THAT THE CITY NOW PROHIBITS MINI -STORAGE FACILITIES PARSING GARAGES FROM BEING USED IN CONJUNCTION WITH ANY OTHER CSE (BUSINESS) AND ADOPTION OF THIS ORDINANCE WOULD EXTEND THIS TO ACCESSORY USES. VOTE ON THE MOTION WAS UNANIMOUS.: ORDINANCE NO. 31-85 WAS. l.PI'ROVED FIRST READING. - ITEM 4. ORDINANCE NO.: 32-55 AMENDING CHAPTER 671.03'"RATES"' FIRST READING AND PUBLIC HEARING MAYOR' RUTHERFORD READ' THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCEAMENDING CHAPTER 671 -SEWER SERVICE" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING ' SECTION671.03 "RATES"$ BY ESTABLISHING SECTION 671.,035 "COST OF LIVING INCREASE"; REPEALING ALL PORTIONS OFTHE 'CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE . DATE; MR. MARCHETTI MOVED FOR ADOPTION. MAYOR RUTHERFORD SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD RAISE THE SEWER RATES APPROXIMATELY SIXTY'PERCENT, UE FURTHER NOTEDTHAT ;THE CITY HAS NOT RAISED THE SEWER RATES IN FOUR AND ONE-HALF YEARS- MR. NICHOLAS RAISED HIS OBJECTIONS TO THE MANNER IN WHICH THE SEWER RATES ARE CALCULATED,' VOICING' THE OPINION THAT. THEY WERE UNEOUITABLE:: VOTE ON THE MOTION WAS UNAMINPUS.'ORDINANCE NO.. 32-85;. ' APPROVED FIRST READING. ITEM 5: ORDINANCE NO. 33-85 REGULATING THE HOURS OF CONSTR ION ITHIN THE CITY OFCAPE CANAVERAL FIRST READING PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING CHAPTER 711 -NOISE ABATEMENT" OF THE CODE OFORDINANCES IN ITS 'ENTIRETY; ESTABLISHING'A NEW CHAPTER 711 TO BE ENTITLED:'NOISE REGULATIONS11 ESTABLISHING REGULATIONS FOR HOURS OF CONSTRUCTION; ESTABLISHING METHOD OF ENFORCEMENT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. CITY COLw_IL SWI AR MEECIM JUNE 4, 1985 PACE 3 OF 5 MR. FISCHETTI MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. MAYOR RUTHERFORDEXPLAINED THAT THIS ORDINANCE liOULD REGULATE THE HOURS OF CONSTRUCTION, ALLOWING.. THEM ONLY BETWEEN THE HOURS OF 7100 A -M- AND 7t00P.M. MR. WINCHESTER MOVED TO AMEND TO ALLOW CONSTRUCTION ONLY BETWEEN THE HOURS OF 7:00 A.M. ,AND 6$00 P.M. MOTION FAILED FOR LACK OF A SECOND. CITY ATTORNEY SCOTT POINTED OUT THAT THIS ORDINANCE WOULD REPEAL THE ENTIRE NOISE ORDINANCE,,AND THE CONSTRUCTION REGULATIONS WOULD BE INCORPORATED INTO THE NEW. NOISE ORDINANCE. VOTE ON THE MOTION WAS UNANIMOUS- ORDINANCE. NO. 33-85 WAS APPROVED FIRST READING. ITEM 6. MOTION RE: AUTHORIZATION FOR APPRAISAL OF CANAVERAL BEAC BOULEVARD RIGHT-OF-WAY CITY MANAGER NUTT.EXPLAINED THAT THERE IS A PIECE OF CITY RIGHT-OF-WAY ON CANAVERAL BEACH BOULEVARD THAT IS ADJACENT TO GOLDEN GATE CONDOMINIUM AND OCEAN PLACE, APARTMENTS. .THE CITY HAS BEEN APPROACHED BY. OCEAN PLACE APARTMENTS WHO WOULD LIKE TO PURCHASE THE PIECE OF PROPERTY AND MAINTAIN IT. MAYOR RUTHERFORD MOVED To AUTHORIZE AN APPRAISAL or THE PROPERTY, DONE IN TWO PHASES1 ONE FOR THE PIECE ADJOINING; OCEAN PLACE. AND ONE FOR THE PIECE' ADJOINING GOLDEN GATE. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY,. ITEM 7. MOTION REtBEACH BONFIRES _. MR, WINCHESTER MOVED TO ADOPT THE BEACH BONFIRE REGULATIONS MR. MARCHETTI SECONDED MOTION- MR. WINCHESTER EXPLAINED_THAT HE. HAS ASKED FOR THIS ITEM TO BE PLACED ON THE AGENDA- HOWEVER, SINCE THAT TIME HE HAD CONDUCTED AN IMPROMPTU SURVEY AND FOUND THAT APPROXIMATELY SEVENTY-FIVE' PERCENT 'OF,THE CITIZENS HE SURVEYED WERE OPPOSED TO ALLOWING BONFIRES ON THE BEACH. DISCUSSION FOLLOWED, SEVERAL CITIZENS OFFERED THEIR OPINIONS, BOTH PRO AND CON, -;ON THE ISSUE- VOTE ON THE MOTION WAS AS FOLLOWS: IM FAVOR, MR. MARCHETTI AND MR. NICHOLAS; CITY.coacm REGULAR MEETING JUNE 9. 1985 PALE 4 OF MICROFILMED AUG 87 OPPOSED, MR. FISCHETTI , MAYOR RUTHERFORD AND MR. WINCHESTER. MOTION FAILED. ITEM 8 . MOTION RE: PERMISSION TO ADVERTISE FOR CONSTRUCTION OF CHANDLER STREET MAYOR RUTHERFORD SO MOVED. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 9 . MOTION RE: CITY MANAGER' S SALARY MAYOR RUTHERFORD MOVED TO RAISE THE CITY MANAGER' S SALARY BY $3 , 000 PER YEAR. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MAYOR RUTHERFORD REMINDED EVERYONE OF THE BREVARD LEAGUE OF CITIES MEETING TO BE HELD ON MONDAY, JUNE 10TH. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10 :37 P.M. APPROVED THIS 18th DAY OF June 1985. / ayor / ATTEST: 1r ty Cler CITY COUNCIL REGULAR MING JUNE 4, 1985 PAGE 5 OF 5 OPPOI:LD, MR. FISCHETTI, MAYOR RUTHERFORD AND MR. WINCHESTER. MOTION FAILED, ITEM B. MOTION REt PERMISSIONTO ADVERTISE FOR CONSTRUCTION OF CHANDLER STREET. MAYOR RUTHERFORD SO MOVED. MR. NICHOLAS SECONDED MOTION.' MOTION CARRIED UNANIMOUSLY. ITEM 9. MOTION REt CITY MANAGER'S SALARY. MAYOR RUTHERFORD MOVED TO RAISE THE CITY MANAGER'S SALARY BY $3,000 PER YEAR. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MAYOR RUTHERFORD REMINDED EVERYONE OF THE BREVARD LEAGUE OF CITIES MEETING TO RE HELD ON MONDAY, JUNE lOTN. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 1Oa37 P.M. APPROVED THIS ' 18th DAY OF June , 1985. Mayor ATTEST: ._ f� if .i �1 tadrtJ ty Cler CITY COUi= REGULAR ME=ING JUNE A, 1985 PACE 5 OF 5