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HomeMy WebLinkAboutMinutes 06-18-1985CITY COUNCIL REGULAR MEETING JUNE 18. 1985 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON JUNE 18, 1985, AT CITY HALL, 105 POLK AVENUE,CAPE CANAVERAL,.' FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7131 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, MAYOR PRO TEM J. WINCHESTER. COUNCIL MEMBERS M. MARCHETTI, AND L. NICHOLAS. ;ALSO PRESENT WERE CITY MANAGER F. rUTT, CITY ATTORNEY J. SCOTT AND CITY CLERK J. LESSER'. MR. FISCHETT7 %-.AS ON VACATION. MR. MARCHETTI MOVED TO APPROVE. THE MINUTES OF THE REGULAR MEETING OF JUNE 4, 1985 -AND SPECIAL MEETING OF JUNE 12, 1985. MR. WINCHESTER SECONDED MOTION.MOTION CARRIED UNANIMOUSLY. UNFINISHED' BUSINESS INESS ITEM 1. DISCUSSION REI CAPE CANAVERAL HOSPITAL STUDY COMMITTEE REPORT - MAYOR RUTHERFORD. EXPLAINED THAT RECENTLY THE CAPE. CANAVERAL HOSPITAL BOARD CONVERTED FROM A PRIVATE HOSPITAL TO,A HOSPITAL RUN BY 'A PRIVATE CORPORATION. AT THE REQUEST OF SOME CITIZENS, THE CITY COUNCIL APPOINTED A CITIZEN'S COMMITTEE. TO STUDY. THE CONVERSION. THE COMMITTEE PRESENTED ITS REPORTS TO THE CITY COUNCIL, ALONG WITH A RECOMMENDATION TO FORWARD IT TO SEVERAL DIFFERENT AGENCIES. THE CAPE CANAVERAL HOSPITAL BOARD PROVIDED THE CITY COUNCIL WITH BOTH AN ORAL AND WRITTEN REBUTTAL. ' CITY ATTORNEY SCOTT INFORMED COUNCIL THAT MR. ROSE. BROUGHT; TO HIS ATTENTION THE FACT THAT STATE STATUTE 113.317(6) PROHIBITS A PUBLIC BODY FROM FILING A COMPLAINT WITH THE COMMISSION OF ETHICS IF THE ITEM WAS PREVIOUSLY DISCUSSED, FAILURE TO, COMPLY WOULD BE A MISDEMEANOR. .DISCUSSION FOLLOWED. MR. NICHOLAS VOICED THE OPINION THAT THERE WAS NO DOUBT IN HIS MIND THAT THE CONVERSION WAS LEGAL; CITY ODUiCIL N XLRAR MEETING ,JUNE 16, 1985 PAGE 1 OF 6 iv,WEVER, HE WAS CONCERNED ABOUT THE WAY. IT WAS DONE, WITHOUT ,',:7Y INPUT FROM THE CITIZENS; MR. WINCHESTER MOVED TO FOLLOW .THE HOSPITAL STUDY COMMITTEE'S RECOMMENDATION AND FORWARD THEIR REPORT TO. ALL THE AGENCIES THEY SUGGESTED, WITH THE EXCEPTION OF THE COMMISSION ON ETHICS, ALONG WITH THE HOSPITAL BOARD'S REBUTTAL AND A COVERLETTER TO INCLUDE A REQUEST FOR INVESTIGATION AND RECOMMENDATIONS TO CHANGE THE STATE LAW TO PRECLUDE THIS FROM HAPPENING AGAIN... MR. NICHOLAS SECONDED MOTION. IN RESPONSE FROM A. QUESTION BY MR, ;NICHOLAS, CITY ATTORNEY SCOTT EXPLAINED THATI. BY THIS ACTION COUNCIL WOULD NOT BE TAXING A STAND ON THE ISSUE; THAT, THEY WOULD REMAIN IN A NEUTRAL POSITION. MS. HELEN FILKINS, A MEMBER OF THE COMMITTEE, NOTED THAT THE COMMITTEE WANTED COUNCIL TO TAKE THIS NEUTRAL POSITION. VOTE ON THE MOTION WAS UNANIMOUS... THE REPORT WILL. BE FORWARDED TO GOVERNOR ROBERT GRAHAM, THE STATE ATTORNEY, THE .ATTORNEY GENERAL AND THE DEPARTMENT OF NATURAL RESOURCES. ITEM 2. ORDINANCE N0.30-85 AMENDING ZONING REGULATIONS SEC 63 .51 BY ALLOWING STORAGE OR PARKING OF RECREATIONAL 'VEHICLE IN A C-1 ZONE BK SPECIAL EXCEPT ON SECOND READING AND PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS9 AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS, OF THE CODE OF ORDINANCES OF. THE 'CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 637.51 "SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT" BY INCLUDING A 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 TO POSTPONE UNTIL THE NEXT REGULAR MEETING.' MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 31-85. AMENDING ZONING REGULATIONS SEC 638.0 RES INGACCTU (SECOND ' AND puBLIC HEARING) 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 AMENDING SECTION 638.05. N-1 ACCESSORY USES AND STRUCTURES$ REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. CITY COINCIL RMI AR MEETING JUNE 18, 1985 PAGE 2 OF 6 MR. NICHOLAS MOVED FOR ADOPTION.. MR. MARCHETTI SECONDED ?MOTION, MOTION CARRIED UNANIMOUSLY- ,ORDINANCE N0.'31-85 WAS ADOPTED ON SECOND .READING. ITEM 1. ORDINANCE'NO. 32-85 AMENDING CHAPTER 671 SEWER 6ERVICE BY INCREAS G SEWERRATES ECOND READING AND PUBLLU HLAKINUI MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS$ AN ORDINANCE AMENDING CHAPTER 611 "SEWER SERVICE" OF THE CODE or ORDINANCES' OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 671.03 "RATES"; BY ESTABLISHING SECTION 671..035 "COST OF LIVING INCREASE";. REPEALING. ALL PORTIONS OF .THE CODE IN CONFLICT HEREWITH; PROVIDING. AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT 'THIS INCREASE WAS A RESULT OF A STUDY DONE BY BAILEY, WILD AND ASSOCIATES AND ADOPTION OF THE ORDINANCE WOULD INCREASE THE SEWER RATES APPROXIMATELY 406. HE FURTHER NOTED THE LAST RATE INCREASE WAS FOUR; AND A RALF YEARS AGO. MR. WINCHESTER MOVED:TO AMEND BY DELETING SECTION 2 (SEC. 671.035( OF THE ORDINANCE, WHICH WOULD ALLOW FOR A YEARLY .COST OF LIVING INCREASE. MR. NICHOLAS. SECONDED MOTION- CITY ATTORNEY SCOTT POINTED OUT THAT THIS SECTION, SPECIFYING A YEARLY COST OF LIVING INCREASE, WAS SUGGESTED BY THE CITY'S FINANCIAL ADVISOR, MR. MITCH OWENS,.. IN THE EVENT THE CITY NEEDS TO GO OUT FOR BONDS. DISCUSSION FOLLOWED- 'VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN, MOTION WAS UNANIMOUS ORDINANCE No. 32-85, AS AMENDED, WAS ADOPTED. ITEM 5. ORDINANCE 'N0. 33-85 AMENDING CHAPTER 711 NOISE BY' REGULATING THE HOURS OF CONSTRUCTION SECOND ING AND 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; ARATEMENT" OF THE CODE OF ORDINANCES IN ITS ENTIRETY; ESTABLISHING A NEW CHAPTER 711 TO BE ENTITLED "NOISE REGULATIONS"I ESTABLISHING REGULATIONS FOR HOURS OF CQNSTRUCTION; ESTABLISHING METHOD OF ENFORCEMENTf REPEALING ALL PORTIONS OF THE CODE IN, CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. CITY OOtl=L REGJLAR MEETING JGiE,le, 1985 PAGE 3 OF 6 MR. WINCHESTER MOVED TO AMEND BY CHANGING THE HOURS TO 7:00 A.M. TO 6f00 P.M. MOTION DIED FOR LACK OF A SECOND. VOTE ON THE MOTION WAS UNANIMOUS- ORDINANCE N0. 33-85 WAS ADOPTED. ITEM 6.DISCUSSION REt AUTHORIZATION TO PROCEED WITH CITY OF CAPE ANAVERAL FOU HOP JULY CELEBRATION. CITY MANAGER F. NUTT GAVE COUNCIL A STATUS REPORT ON THE JULY 4TH ACTIVITIES. HE EXPLAINED THAT THE COUNTY HAD BEEN CONTACTED REGARDING THE USE OF.. CHERIE. DOWN PARK. HE INFORMED THEM THAT THE CITY STAFF. WAS WORKINGTON THE FOOD AND BEVERAGES, AND SECURING..A LIVE BAND FOR ENTERTAINMENT. DISCUSSION FOLLOWED ON. THE SALE OF. ALCOHOL.. MR. NUTT NOTED THAT TIME WAS,A PROBLEM IN OBTAINING LIABILITY, INSURANCE FOR SERVING ALCOHOL AND SECURING THE ONE -DAY BEER LICENSE. IT WAS THE CONSENSUS OF COUNCIL NOT TOHAVE THE SALE OFBEER AT THE FESTIVITIES. MR. NICHOLAS MOVED TO PROCEED WITH..THE FOURTH OF JULY CELEBRATION AND: TO AUTHORIZEAN EXPENDITURE OF $1,000TO PROVIDE MUSIC AND REFRESHMENTS, WITH. THE REFRESHMENTS PRICED TO RECOUP THE COST., MR. 'WINCHESTER SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. NEW BUSINESS - ITEM 1. ORDINANCE NO. 34-85 AMENDING CHAPTER 535 SEWER IMPACT ASSESSMENT FIRST READINGiAND PUBLIC HEARING) MAYOR RUTHERFORD READ THE, TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CODE CHAPTER 535 "SEWER CONNECTION ASSESSMENT" OF THE CITY CODE OF CAPE CANAVERAL, FLORIDA BY AMENDING THE IMPACT' FEE' ASSESSMENTL BY AMENDING ALLOWED USES OF THE IMPACT FEEL REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. WINCHESTER MOVED TO APPROVE FIR ST READING. MAYOR RUTHERFORD SECONDED MOTION. IT WAS POINTED OUT THAT THE CITY. ENGINEERS HAD CONDUCTED A STUDY ON THE IMPACT FEE AND IT WAS THEIR RECOMMENDATION TO RAISE THE PEE FROM $1,400 TO $1,519. VOTE ON THE MOTION WAS UNANIMOUS. CITY OOl>NM Rulm IFJ:PING JUNE 18. 1985 PAGE 4OF6 ITLM 2.. RESOLUTION NO. 85-31 ADOPTING ASSESSMENT ROLL FOR CONSTRUCTION OF CHANDLER STREET MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS% A RESOLUTION ADOPTING THE ASSESSMENT ROLL PREPARED BY THE CITY ADMINISTRATION FOR THE CONSTRUCTION OF CHANDLER STREETS FIXING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE ASSESSMENT ROLL; AND 'PROVIDING FOR MAILING AND, PUBLISHING NOTICE OF SAID HEARING, WHERE THE CITY COUNCIL SHALL CONSIDER COMPLAINTS, EQUALIZE SPECIAL ASSESSMENTS AND APPROVE AND CONFIRM SAME1 PROVIDING AN EFFECTIVE DATE., MR. NICHOLAS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED. MR. FRANK MOOG,'WHO IS. NOW IN PARTNERSHIP WITH LEON NEWMAN, ,PROPOSED. THAT THEY WOULD BUILD A. STREET THROUGH THEIR DEVELOPMENT, TO CITY STANDARDS AND DEDICATE SAID STREET TO THE CITY.MR. JOHN MURPHY EXPRESSED. THE OPINION THAT HE, WAS NOT ,SURE THIS WOULD BE FEASIBLE FOR HE AND MR. SENNIX'S PROJECT. CITY ATTORNEY SCOTT SUGGESTED THE CITY STAFF MEET WITH THE THREE OWNERS TO SEE IF SOME. AGREEMENT COULD BE REACHED, HE FURTHER SUGGESTED. COUNCIL CONSIDER WAIVING. THE TIME PERIOD. TO HAVE THIS ITEM PLACED ON THE. PLANNING AND ZONING BOARD AGENDA. CITY MANAGER NUTT REQUESTED COUNCIL ADOPT THE RESOLUTION, WHICH ESTABLISHES THE DATE FOR PUBLIC HEARING ON THE CHANDLER STREET CONSTRUCTION. HE NOTED THAT ,THE COUNCIL WILD, SIT AS AN EQUALIZATION BOARD AT THAT MEETING, AND ANY ADJUSTMENTS TO THE ASSESSMENT ROLL MAY BE MADE AT THAT TIME. VOTE ON THE MOTION WAS UNANIMOUS.RESOLUTION NO.. 85-31 WAS ADOPTED. ITEM 3. ORDINANCE N0. 35-85 ESTABLISHING REFERENDUM FOR COMMUNITY STANDARDS ORDINANCE FIRST ING O PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS% AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, REFERENDUM QUESTIONS TO .ESTABLISH A COMMUNITY STANDARDS FOR A PROPOSED ADULT ENTERTAINMENT ORDINANCES SUCH ORDINANCE SHALL REGULATE THE PRESENTATION OF WUDE AND SEMI-NUDE DANCING AND CONDUCT IN COMMERCIAL ESTABLISHMENTS, THE COMMERCIAL .SALE. DISPLAY OR PRESENTATION OF MATERIALS WITHIN THE CITY OF CAPE CANAVERAL WHICH VISUALLY DEPICTS SEXUAL ACTIVITY, AND THE ADVERTISEMENT, BY A COMMERCIAL ESTABLISHMENT. OF NUDITY, LAP DANCING, TOPLESS, BOTTOMLESS, AND FACE DANCING% ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH% PROVIDING AN EFFECTIVE DATE. CITY OXWIL P.DaZAR MEETING JUNE 18, 1985 PM.£ 5 OF 6 MICROFILMED AUG 87 MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. WINCHESTER SECONDED MOTION. CITY ATTORNEY SCOTT EXPLAINED THAT THE ACCEPTED, LEGAL WAY TO ADDRESS ADULT ENTERTAINMENT IS WITH A COMMUNITY STANDARDS REFERENDUM. ADOPTION OF THIS ORDINANCE WOULD ESTABLISH THE REFERENDUM QUESTION. VOTE ON THE MOTION WAS UNANIMOUS . ORDINANCE NO. 35-85 APPROVED FIRST READING. ITEM 4 . MOTION RE: AUTHORIZATION TO STUDY EQUITABLE SEWER RATE STRUCTURE MR. NICHOLAS MOVED THAT THE CITY STAFF TAKE WHATEVER STEPS NECESSARY TO AUTHORIZE AN EQUITABLE SEWER RATE STUDY. MR. WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS UNANIMOUS . MR. NICHOLAS MOVED TO HAVE THE FOLLOWING ADD-ON ITEM PLACED ON THE AGENDA. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ADD-ON ITEM: CONSIDERATION OF CHANDLER STREET RELOCATION BY PLANNING AND ZONING BOARD MR. WINCHESTER MOVED TO S;JBMIT THE RELOCATION OF CHANDLER STREET TO THE PLANNING AND ZONING BOARD FOR REVIEW AT THEIR NEXT REGULAR MEETING. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION DISCUSSION WAS HELD ON THE FOLLOWING: CLEANING AND SPRAYING OF THE DUMPSTERS; PARKING PROBLEM AT THE END OF CENTRAL BOULEVARD; PROPOSED TRAFFIC LIGHT AT THE INTERSECTION OF CENTRAL BOULEVARD AND NORTH ATLANTIC AVENUE. MS . HELEN FILKINS ASKED THE COUNCIL TO CONSIDER TAKING WHATEVER ACTION NECESSARY TO INITIATE A CHARTER CHANGE TO HOLD THE COUNCIL MEETINGS ON THURSDAY NIGHTS IN ORDER THAT THE AGENDA COULD BE PUBLISHED IN THE TRIBUNE ON WEDNESDAYS . THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9 : 15 P.M. APPROVED THIS 2nd DAY OF July , 1985 •/1'l 4 f ayor t ATTEST: CITY COUNCIL REGULAR MEETING JUNE 18, 1985 nttj �� PAGE OF 6 jity Clerk MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. WINCHESTER SECONDED MOTION, CITY ATTORNEY SCOTT EXPLAINED THAT THE ACCEPTED, LEGAL WAY TO ADDRESS ADULT ENTERTAINMENT IS WITH.A COMMUNITY STANDARDS REFERENDUM. ADOPTION OF THIS ORDINANCE WOULD ESTABLISH THE REFERENDUM QUESTION. VOTE. ON THE MOTION WAS UNANIMOUS. ORDINANCE N0, 35-85 APPROVED FIRST READING. ITEM 4. MOTION RE% AUTHORIZATION TO STUDY EQUITABLE SEWER. RATE STRUCTURE. MR. NICHOLAS MOVED THAT THE CITY STAFF TAKE WHATEVER STEPS NECESSARY TO AUTHORIZEAN EQUITABLE SEWER RATE STUDY. MR. WINCHESTER SECONDED MOTION. DISCUSSION FOLLOWED. - VOTE ON THE MOTION. WAS UNANIMOUS. MR. NICHOLAS MOVED TO HAVE THE FOLLOWING ADD-ON ITEM, PLACED ON THE AGENDA. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ADD-ON ITEM; CONSIDERATION OF CHANDLER STREET RELOCATION BY PLANNING AND ZONING BOARD MR. WINCHESTER MOVED TO SISMITTHE RELOCATION OF CHANDLER :STREET TO THE PLANNING AND ZONING BOARD FOR REVIEW AT THEIR NEXT REGULAR MEETING. MR. NICHOLAS SECONDED'. MOTION.MOTION CARRIED 'UNANIMOUSLY. DISCUSSION DISCUSSION WAS HELD ON THE FOLLOWINGS CLEANING AND, SPRAYING OF THE DUMPSTERS; PARKING' PROBLEN AT THE END., OF CENTRAL BOULEVARD; PROPOSED TRAFFIC: LIGHT AT THE INTERSECTION OF CENTRAL BOULEVARD AND NORTH ATLANTIC AVENUE. MS. HELEN FILKINS ASKED THE COUNCIL TO CONSIDER TAKING WHATEVER ACTION NECESSARY TO INITIATE A CHARTER CHANGE TO HOLD. TILE COUNCIL MEETINGS ON THURSDAY NIGHTS IN ORDER THAT THE AGENDA COULD BE PUBLISHED IN THE TRIBUNE ON WEDNESDAYS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS 'ADJOURNED AT 9:15 P.M. APPROVED THIS 2nd .DAY OF July + 1985 laV yer ATTESTS :. : CITY COUNCIL RFGUw MEETING JUNE r PACE 68OFI685 ity Clerk