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Home My WebLink AboutMinutes 07-02-1985CITY COUNCIL REGULAR MEETING JULY 2, 1985 A REGULAR MEETING OF THE CITY COUNCIL OF THE. CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON JULY 2, 1985, AT .CITY HALL, 105 POLK AVENUE,CAPE CANAVERAL, FLORIDA.. THE MEETING WAS CALLED TO ORDER AT 7;30 P.M. BY MAYOR WAYNE. RUTHERFORD. INVOCATION AND PLEDGE OF ALLEGIANCE WERE LEI) BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE. CITY CLERK, OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD,MAYOR PRO TEM J, WINCHESTER. COUNCIL MEMBERS d. FISCHETTI, M. MARCHETTI, AND L, NICHOLAS. ALSO PRESENT WERE CITY ATTORNEY J. SCOTT AND CITY CLERK J.LEESER. CITY MANAGER F. NUTT WAS ILL. MR, WINCHESTER MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE IS, 1985. MR. MARCHETTI. SECONDED MOTION, .MOTION CARRIED' UNANIMOUSLY. THE VOLUNTEER OF THE MONTH AWARD WAS POSTPONED DUE TO THE ILLNESS. OF THE RECIPIENT. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 30-85 AMENDING' BONING REGULATIONS ' SEC. 957.5 1 BY 'ALLOWING STORAGE'OR PARKING OF. FCCREATIONAL VEHI LE IN A - LO B 6P IAL EPTION SECOND READING AND P ELIC NEARING - POSTPONEDt.- T-8 MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS, AN ORDINANCE AMENDING CHAPTER. 630,. BONING 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 CON14ERCIAL STORAGE AND PARKING OF RECREATIONAL VEHICLESI REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHL PROVIDING AN EFFECTIVE DATE., MR. NICHOLAS MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR MEETING. MR. WINCHESTER SECONDED NOTION. MOTION CARRIED UNANIMOUSLY ITEM 2. ORDINANCE No. 34-85 AMENDING CHAPTER 535 SEWER IMPACT ASSESSMENT lzama. READING AND PUHLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS, FOLLOWS, CITY OOUHCII. REGULAR MEETING JULY 2, 1985 PAGE 1 OF 5 AN ORDINANCE AMENDING CODE CHAPTER 535 "SEWER CONNECTION ASSESSMENT" OF THE CITY CODE OF CAPE CANAVERAL, FLORIDA BY AMENDING THE IMPACT .FEE ASSESSMENT! BY AMENDING ALLOWED.. USES OF THE IMPACT FEET REPEALING ALL PORTIONS OF THE CODE' IN CONFLICT HEREWITH! BYPROVIDING AN EFFECTIVE DATE. MR. MARCHETTI MOVED FOR ADOPTION. MR,' WINCHESTER SECONDED 5:uT10`i: IT WAS EXPLAINED.THAT ADOPTION OF THIS ORDINANCE WOULD .!:CREASE THE SEWER IMPACT FEE FROM $1,400 TO $1,519, WHICH, WAS THE ,70'2*:ENDATION OF THE CITY'S'. CONSULTING ENGINEERS. VOTE ON THE MOTION WAS UNANIMOUS, ORDINANCE NO. 34-85 WAS ITEM 3. ORDINANCE NO, 35-85r ESTABLISHING REFERENDUM FOR COMMUNITY STANDARDS ORDINANCE SECOND READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWSt AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY. OF CAPE CANAVERAL, FLORIDA, REFER- ENDUM QUESTIONS TO ESTABLISH A COMMUNITY STANDARDS FOR A PROPOSED ADULT ENTERTAINMENT ORDINANCE? SUCH ORDINANCE SHALL REGULATE THE PRESENTATION OF NUDE 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 ESTAB- LISHMENT, OF NUDITY, LAP DANCING, TOPLESS, BOTTOMLESS, AND FACE DANCING! ESTABLISHING LANGUAGE FOR THE PROPOSED REFERENDUM QUESTION! ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION& REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH&. PROVIDING AN EFFECTIVE DATE. MR, NICHOLAS MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. IT WAS POINTED OUT THAT.ADOPTION OF THIS, ORDINANCE WOULD PLACE THE THREE QUESTIONS REGARDING COMMUNITY STANDARDS ON. THE BALLOT IN THE GENERAL ELECTION IN NOVEMBER. ' VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 35-85 WAS ADOPTED. NEW BUSINESS ITEM 1., ORDINANCE NO. 36-65 AMENDING CODE CHAPTER .711, NOISE HE FIRST READING ANDPUBLI HEARING) MAYOR RUTHERFORD READ THE 'TITLE OF THE ORDINANCE AS FOLLOWS& CITY O=cm REGULAR NwrING MX 2, 1985 '.PAGE 2 OF 5 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,. AMENDING CHAPTER 711, NOISE REGULATIONS., OF THE. CODE OF .ORDINANCES BY THE ADDITION OF SECTION 711.02, ENUMERATION OF PROHIBITED NOISESI REPEALING ALL .PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. FISCHETTI SECONDED MOTION.. IN RESPONSE TOA QUESTION PROM THE COUNCIL, CITY ATTORNEY SCOTT EXPLAINED THAT THE FORMER NOISE ORDINANCE WAS MORE ' ENFORCEABLEI HOWEVER,. CALIBRATION OF TREDECIBEL METER MADE ENFORCEMENT COST PROHIBITIVE. HE FURTHER EXPLAINED THAT THIS ORDINANCE WOULD BE 95 TO 99 PERCENT EFFECTIVE. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 36-85 APPROVED FIRST READING. ITEM 2, MOTION REI BEQUEST FOR VENDOR'S LICENSE, DANNY- 0-II MOBILE I-REAM - EDWARD AIELLO MAYOR RUTHERFORD MOVED.TO APPROVE THE REQUEST FOR, VENDOR'S LICENSE. MR. MARCHETTI SECONDED MOTION. IN. RESPONSE FROM A ,QUESTION, MR.-AIELLO, THE OWNER OF THE MOBILE ICE CREAM TRUCK,., INFORMED COUNCIL. THAT HE CARRIED ,LIABILITY INSURANCE IN .THE AMOUNT OF 6100,006/5300,000. MR. NICHOLAS MOVED TO AMEND THE MOTION. TO REQUIRE PROOF OF INSURANCE. MR. MARCHETTI SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION, AS AMENDED, WAS UNANIMOUS. ITEM 3. MOTION REI REQUEST FOR VENDOR'S LICENSE, BEACH PRODUCE ANGELLO i DOROTHY CARL.OTTA - ' MAYOR RUTHERFORD EXPLAINED THAT THE PETITIONERS HAD REQUESTED THIS ITEM BE POSTPONED DUE TO ILLNESS, ' ITEM 1. DISCUSSION REI VACATION OF CHANDLER STREET DEPUTY CITY ATTORNEY THERIAC WAS PRESENT AND SAT AS COUNSEL ON THIS ITEM DUE TO THE FACT THAT CITY ATTORNEY SCOTT HAD PREVIOUSLY REPRESENTED TWO OF THE PARTIES INVOLVED. MAYOR, RUTHERFORD EXPLAINED THAT THIS ITEM HAD BEEN REFFERED TO THE PLANNING AND ZONING BOARD WHO VOTED TO DISAPPROVE THE RELOCATION. CITY 03UNCIL REGULAR MEETING JULY 2, 1985 PAM 3 OF 5 MR. HOOG AGAIN PROPOSED THAT HE AND MR. NEWMAN WOULD BUILD A STREET THROUGH THEIR PROJECT, TO CITY SPECIFICATIONS. AND IT WOULD BE DEDICATED TO THE CITY, IF. THE RELOCATION WAS APPROVED. MR. JOHN MURPHY,WHO HAS AN APPROVED SITE PLAN FOR HIS AND MR. BENNIX'S PROJECT ON THE CORNER OF CHANDLER AND RIDGEWOOD, AGAIN EXPRESSED THE OPINION THAT THE REIACATION WOULD NOT BE AGREEABLE. TO THEM. DISCUSSION FOLLOWED. DEPUTY ATTORNEY TRERIAC' EXPLAINED TO COUNCIL THAT EITHER WAY THE CITY DECIDED TO GO ON THE ISSUE, THEY COULD ASSUME LIABILITYI IF CHANDLER STREET IS RELOCATED] MR. MURPHY AND MR. BENNIX COULD ASK FOR DAMAGES FOR. ENGINEERING FEESt IF CHANDLER IS CONSTRUCTED AS PROPOSED, THERE COULD BE A PROBLEM OF JUSTIFYING THE SPECIAL' ASSESSMENT TO MR. HOOG'S AND MR. NEWMAN'S PROPERTY. MR. THERIAC' ADVISED' COUNCIL THAT RATHER THAN TRY TO BALANCE BETWEEN THE PARTIES INVOLVED, THEY SHOULD CONSIDER HOW THE GREATER NUMBER OF CITIZENS WOULD BE BENEFITED BY THEIR DECISION. MAYOR RUTHERFORD MOVED. TO PROCEED WITH THEPRESENT PLAN TO CONSTRUCT CHANDLER. MR, WINCHESTER SECONDED MOTION,. MR.. MARCHETTI VOICED THE OPINION THAT THE ALTERNATE ROUTE WOULD BE PREFERRABLE. DISCUSSION CONTINUED. VOTE ON THE MOTION WAS ASFOLLOWSI IN'FAVOR, MR., FISCHETTI, MR. NICHOLAS, MAYOR RUTHERFORD AND, MR. WINCHESTER; OPPOSED, MR.. MARCHETTI. MOTION CARRIED. IT WAS POINTED OUT THAT THE CITY. COUNCIL WOULD SIT AS AN. EQUALIZATION BOARD ON THE CONSTRUCTION OF CHANDLER STREET AT THEIR NEXT REGULAR MEETING, TO BE HELD ON JULY 17TH. ITEM 5... DISCUSSION RE: KEEP BREVARD BEAUTIFUL IT WAS POINTED OUT THAT KEEP BREVARD, BEAUTIFUL HAD SOME GRANT MONEY TO BE SPENT ON THE REACH COMMUNITIES AND WAS LOOKING FOR SOME DIRECTION FROM COUNCIL AS TO WHAT THEY WOULD LIKE TO SEE ADDRESSED IN THE CITY, MAYOR RUTHERFORD MOVED TO RECOMMEND KEEP RREVARD BEAUTIFUL. CONCENTRATE ON THE MEDIANS ON EAST CENTRAL BOULEVARD, WITH THE CITY COUNCIL RE mm MEETING JULY 2, 1985 PAGE 4 OF 5 MICROFILMED AIX 87 FOLLOWING PRIORITIES: (1) RAISE CURBING , (2) LANDSCAPING, AND (3) INSTALLATION OF SPRINKLERS. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9 : 00 P.M. APPROVED THIS 16th DAY OF July , 1985 . I ` 1 ' M:yor ' • o• ATTEST: a"•, '�,� ^ r9 rr E n 4Q ity Clerk CITY COUNCIL REGULAR MEETING JULY 2, 1985 PAGE 5 OF 5