HomeMy WebLinkAboutMinutes 07-16-1985CITY COUNCIL
REGULAR MEETING
JULY 16„ 1985
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, WAS HELD ON, JULY 16, 198S, 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, MAYOR PRO TEM J. WINCHESTER, COUNCIL MEMBERS
J. FISCHETTI, M: MARCHETTI, AND L. NICHOLAS. ALSO PRESENT WERE
CITY MANAGER F. NUTT, CITY ATTORNEY J- SCOTT AND CITY CLERK J.
LEESER.
MR. FISCHETTI MOVED TO APPROVE THE MINUTES OF THE REGULAR
MEETING OF JULY 2, 1985. MR. MARCHETTI. SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
PUBLIC. HEARING,
ITEM 1, RESOLUTION NO 85-32 mUALIZING AND LEVYING
ASSEASSE SS MENTS CHANDLER STREET CONSTRUCTION PROJECT
CITY ATTORNEY SCOTT DID NOT SIT AS COUNSEL FOR THIS. ITEM,
DUE TO THE 'FACT THAT HE HAD PREVIOUSLY, REPRESENTED TWO OF THE
PARTIES INVOLVED..: DEPUTY CITY ATTORNEY THERIAC WAS TO REPRESENT
THE CITY BUT WAS NOT IN ATTENDANCE AT THIS TIME.
MAYOR RUTHERFORD. READ THE TITLE OF THE RESOLUTION AS FOLLOWSt
A RESOLUTION EQUALIZING THE .ASSESS14ENT
LEVYING THE SAME AS ASSESSMENT AGAINST'
'BENEFITED PROPERTIES IN THE. CHANDLER
STREET CONSTRUCTION PROJECT, CAPE
CANAVERAL, FLORIDA., DIRECTING THE CITY
CLERK TO RECORD ASSESSMENTS IN THE
' IMPROVEMENT LIEN BOOK, AND ESTABLISHING
PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL
AND INTEREST= PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED
MOTION.
MAYOR RUTHERFORD NOTED RECEIPT OFA LETTER FROM ATTORNEY
WILLIAM IRWIN, WHO WAS REPRESENTING MR. LEON NEWMAN, OBJECTING
TO THE SPECIAL ASSESSMENT. MAYOR RUTHERFORD. THEN READ .THE ASSESS-
MENT ROLL AS .FOLLOWS:
CITY Calm RE0.4AR MEEPING
JULY 16,'1965
PAGE 1 OF 6
TRACT 10 $46,008.65.
TRACT 11 26,509.56
TRACT 12.01 20,748.00
CITY MANAGER NUTT EXPLAINED TO COUNCIL THAT THE ONLY BID
RECEIVED, ON THE CHANDLER STREET CONSTRUCTION,WAS FOR,$45,120.00,
COMPARED TO THE $75,000 ESTIMATE BY THE CITY ENGINEERS, THERE-
FORE, THE ASSESSMENT COULD BE LOWERED. HE ALSO NOTED .THAT
UPON COMPLETION OF THE PROJECT THE ASSESS MENTS CAN BE LOWERED,
CUT THEY CANNOT BE ,RAISED.
MR.. JOHN MURPHY REQUESTED THE CITY PAY SOME OF THE COST OF
THE CONSTRUCTION SINCE, IN .HIS OPINION,. CHANDLER STREET WILL BE A
THOROUGHFARE AND OF NO DIRECT BENEFIT.' TO, TWO OF THE PROPERTY
OWNERS ASSESSED.
MR. NICHOLAS NOTED THAT THE CITY PAID FOR 25 FEET AT THE
INTERSECTIONS ON THE AVON PROJECT, AND SUGGESTED THAT THE CITY
PAY FOR 25 FEET AT EACH, SIDE OF THE INTERSECTIONS (100 LINEAL
FEET) ON CHANDLER STREET.
MR. NUTT NOTED THAT USING THE LOWER FIGURE FOR THE
CONSTRUCTION COST,. AND HAVING THE CITY PAY FOR 100 LINEAL FEET,
WOULD LOWER THE ASSESSMENT TO $40.44 PER FRONT FOOT,
MAYOR RUTHERFORD MOVED TO AMEND THE ASSESSMENT ROLL AS
U'OLLOWS;
TRACT 30 $29.200.00
TRACT 11 16,890.00
TRACT 12.01 13,200,00
MR. NICHOLAS SECONDED MOTION. DISCUSSION FOLLOWED. MR., WINCHESTER
EXPRESSED CONCERN OVER LOWERING THE 'ASSESSMENT;ROLL BEFORE AWARD-
' ING THE BID ON THE PROJECT,
MR. NICHOLAS MOVED TO TABLE THIS ITEM AND PROCEED TO ITEM
UNDER. NEW BUSINESS. MR,WINCHESTER SECONDED NOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 2. RESOLUTION NO. 85-34 AWARD OF BID CHANDLER STREET
CONSTRUCTION
CITY COUNCIL REGULAR MEE1I240
JULY 16. 1985
PAGE 2 OF 6
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS
�I'LOWS:
A RESOLUTION AUTHORIZING THE CITY OF CAPE
CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT.
WITH THE CONTRACTOR FOR THE CHANDLER STREET
CONSTRUCTION PROJECTI PROVIDING AN EFFECTIVE
DATE.
MR. FISCHETTI MOVED FOR ADOPTION, MR. WINCHESTER SECONDED
MOTION.
IT WAS NOTED THAT THE PERFORMANCE. BOND WAS .PART OF THE
,PF.CIFICATIONS AND THE SID BOND WAS PROVIDED WHEN THE BID WAS
ORMITTED. DISCUSSION FOLLOWED.
VOTE ON THE MOTION WAS UNANIMOUS. THE BIP WAS AWARDED TO
P,REVARD ASPHALT AND DEVELOPERS, INC. .INTHE AMOUNT OF $45,120.00.
AT THIS TIME, COUNCIL CONTINUED THE PUBLIC'. HEARING ON,
RESOLUTION NO, 85-32.
MR. NICHOLAS MOVED FOR'ADOPTION. MR. FISCHETTI SECONDED
MOTION.
MR. MARCIIETTI RECALCULATED THE: ASSESSMENT ROLL, USING THE
$63,470.00 TOTAL FIGURE AMOUNT, WHICH RESULTED. IN A $43.38 PER
FRONT FOOT FIGURE,
MAYOR RUTHERFORD. MOVED TO AMEND THE ASSESSMENT ROLL AS
FOLLOWS:
TRACT 10 $29.148.00
TRACT 11 16,929.00
TRACT 12.01 13,014.00
MR. NICHOLAS SECONDED MOTION... DISCUSSION FOLLOWED. MR. NICHOLAS
NOTED THAT HE FELT UNCOMFORTABLEDISCUSSING THIS ITEM FURTHER
WITHOUT LEGAL COUNSEL. MR.. NICHOLAS MOVED TO. POSTPONE UNTIL THE
' NEXT REGULAR MEETING. MR. FISCHETTI SECONDED NOTION. NOTION
CARRIED UNANIMOUSLY...
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 30-85 AMENDINGZONING REGULATIONS SEC.
BY AL7.OWING STORAGE OA PARKING OF RECREATIONAL
VEHIttE� CLES 2N A C- LONE BY SPECI EXCEPT ON SECOND
I G UBL EAR NG
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
CTM cmcm Fm lm MEETING
JULY 16, 1985
PALE 3. GF 6
AN ORDINANCE :MENDING 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 VEHICL.ESL
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITHL PROVIDING AN EFFECTIVE DATE,'
MR. NICHOLAS MOVED FOR ADOPTION, MR_ MARCHETTI SECONDED
OTION.
MR. NICHOLAS MOVED TO AMEND SECTION 637.51,(M) TO READ AS
FOLLOWS:
"COMMERCIAL ESTABLISHMENT FOR THE. STORAGE OR PARKING OF
RECREATIONAL VEHICLES, PROVIDING IT MEETS THE FOLLOWING
REQUIREMENTS AS A MINIMUM:
1. MINIMUM LOT SIZE OF 10,000 SQUARE FEET.
2. VEHICLE STORAGE AREA MUST BE OBSCURED FROM VIEW BY
EITHER WALLS, FENCES OR HEDGES.
3.WALLS, FENCES AND HEDGES MUST COMPLY WITH ALL CITY RULES
AND REGULATIONS AND 'MUST BE KEPT IN GOOD CONDITION SO AS
TO ENSURE OBSTRUCTION FROM VIEW."
MR, WINCHESTER SECONDED MOTION.
MR. WINCHESTER MOVED, TO AMEND BY ADDING .THE FOLLOWING, WORDS
AFTER THE WORDS "RECREATIONAL VEHICL.ES"t ..TRAILERS AND
TRAILERABL.EITEMS. 'MR.. NICHOLAS SECONDED MOTION, VOTE ON THE
MOTION WAS .UNANIMOUS -
VOTE ON THE FIRST MOTION TO AMEND WAS UNANIMOUS. VOTE ON
.THE MAIN MOTION WAS UNANIMOUS. ORDINANCE NO. 30-85. AS AMENDED,
WAS ADOPTED.
ITEM 2. ORDINANCE NO: 36-85 AMENDING CODE CHAPTER 711,
NOISE REGULATIONS SECOND READING AND P LIC HEARING)
MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
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 NOISES: REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT' HEREWITHI PROVIDING
AN EFFECTIVE. DATE.
MR. NICHOLAS MOVED FOR ADOPTION- MR. WINCHESTER SECONDED
MOTION. 'MOTION CARRIED UNANIMOUSLY, ORDINANCE NO. 36-85 WAS
ADOPTED. CITY COl1NCLL Ra=AR MEETING
JULY 16, 1985
PAGE 4 OF 6
Eli BUSINESS
ITEM 1. RESOLUTION NO. 85-33 PLAT APPROVAL "AEAEA",
2 -UNIT TOWNHOU6E BLOCK B LOT 15 CANAVERAL
BEACH GARDENS LOCAT D ON THE N. . CORNER OF
CAROLINE ST AND ROSALIND AVE - JOSEPH V. MOTRO
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWSt
A RESOLUTION APPROVING THE PLAT OF "AEAEA"I
AUTHORIZING THE MAYOR AND CITY CLERK TO
CERTIFY THE PLATI PROVIDING AN EFFECTIVE,
DATE.
MR. NICHOLAS MOVEO FOR ADOPTION. MR. WINCHESTER SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY
ITEM 2. RESOLUTION NO. 85-34 AWARD OF BID, CHANDLER STREET
CONSTRUCTION
THIS ITEM WAS ADDRESSED. EARLIER IN THE MEETING.
ITEM 3. .RESOLUTION NO. 85-35 APPOINTMENT OF CODE ENFORCEMENT
BOARD MEMBERS
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS1
A RESOLUTION APPOINTING A REGULAR AND
ALTERNATE MEMBER TO THE CODE ENFORCEMENT
BOARDI PROVIDING AN EFFECTIVE DATE.,
MR. FISCBETTI. MOVED TO APPOINT MRS, MARY RUSSELL AS A REGULAR
MEMBER OF THE CODE ENFORCEMENT BOARD. MR. MARCHETTI SECONDED
MOTION. MOTION. CARRIED. UNANIMOUSLY.
MR. WINCHESTER MOVED TO APPOINT MR. ROY MOELI.ER AS FIRST
.ALTERNATE MEMBER OF THE BOARD AND MR.. CHARLES STENGLEIN AS SECOND
ALTERNATE. MEMBER., MAYOR RUTHERFORD SECONDED MOTION. MR.
NICHOLAS MOVED TO AMEND BY APPOINTING MR. RONNIE PARKER AS.. SECOND
ALTERNATE MEMBER. MOTION DIED FOR LACK OFA SECOND.
MR. FISCHETTI MOVED TO AMEND BY REMOVING MR. MOELLER FROM
THE BOARD AND APPOINTING MR.. STENGLEIN AS FIRST ALTERNATE AND MR.
FARMER AS SECOND ALTERNATE.. MR. WINCHESTER SECONDED NOTION..
' DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS AS POLLOWS9 IN FAVOR,
MR. FISCBETTIt OPPOSED, MR. MARCHETTI, MR. NICHOLAS, MAYOR
RUTHERFORD AND MR. WINCHESTER. MOTION FAILED.,
VOTE ON THE MAIN MOTION, TO APPOINT MR..MOELLER AND MR.
STENGLEIN TO THE BOARD AS ALTERNATE MEMBERS, WAS UNANIMOUS..
ITEM C. 10TION RE, VENDOR'S LICENSE FLORIDA FROST MOBILE
UNITS - JOHN .BEERY
MR. NUTT NOTED THAT THE PETITIONER HAD NOT SUBMITTED THE PROOF.
OF INSURANCE THAT COUNCIL HAD REQUESTED., MR. NICHOLAS MOVED TO
CI'1Y OR=CIL RE=m MEETING
JULY 16, 1985
PAGE 5 OF 6
MICROFILMED AUG 87
POSTPONE UNTIL THE NEXT REGULAR MEETING. MR. WINCHESTER
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 5 . MOTION RE: ESTABLISHING PROPOSED MILLAGE RATE
MAYOR RUTHERFORD MOVED TO ADOPT . 423 AS THE PROPOSED MILLAGE
RATE. MR. WINCHESTER SECONDED MOTION. IT WAS NOTED THAT THE
RECREATION COMPLEX DEBT WILL BE PAID OFF BY THE END OF THE YEAR
AND THE AD VALOREM TAXES WILL BE USED ONLY FOR THE STORM DRAINAGE
11 BOND INDEBITNESS .
VOTE ON THE MOTION WAS UNANIMOUS.
MR. FISCHETTI MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA.
MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ADD-ON ITEM: APPOINTMENT OF ALTERNATE MEMBER TO THE BOARD
OF ADJUSTMENT
MR. FISCHETTI MOVED TO APPOINT MR. RONNIE FARMER AS SECOND
ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT, WITH A TERM TO
EXPIRE ON OCTOBER 1 , 1987 . MR. NICHOLAS SECONDED MOTION.
DISCUSSION FOLLOWED.
VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. FISCHETTI,
MR. MARCHETTI, MR. NICHOLAS AND MAYOR RUTHERFORD. OPPOSED, MR.
WINCHESTER. MOTION CARRIED.
DISCUSSION
CITY MANAGER NUTT REQUESTED COUNCIL CONSIDER HAVING A
SPECIAL MEETING ON THURSDAY, JULY 25TH FOR THE PURPOSE OF AWARDING
THE BID ON THE RECREATION BUILDING. THERE WERE NO OBJECTIONS AND
A SPECIAL MEETING WAS SET FOR 7 : 30 P.M. ON JULY 25TH.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9 : 10 P.M.
01 APPROVED THIS 6th DAY OF August , 1985 .
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CITY COUNCIL REGULAR MEETING
JULY 16, 1985
PAGE 6 OF 6
PoS'TPUNE UNTIL THE NEXT REGULAR MEETING. MR. WINCHESTER
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 5. MOTION REs ESTABLISHING PROPOSED MILLAGE. RATE
MAYOR RUTHERFORD MOVED. TO ADOPT .423 AS THE PROPOSED MILLAGE
RATE. MR. WINCHESTER SECONDED MOTION.-: IT WAS. NOTED THAT THE
RECREATION COMPLEX DEBT I WILL BE PAID OPF BY THE END OF THE YEAR
AND THE AD VALOREM TAXES WILL BE USED ONLY FOR THE STORM, DRAINAGE
KIND INDEBITNESS.
VOTE ON THE MOTION WAS UNANIMOUS.
MR. FISCHETTI MOVED TO ADD .THE FOLLOWING ITEM TO THE AGENDA.
MR. NICHOLAS SECONDED NOTION. MOTION CARRIED UNANIMOUSLY-
ADD—ON ITEMs
NANIMOUSLY.ADD—ON'ITEMi APPOINTMENT -OF ALTERNATE MEMBER TO THE BOARD.
OF ADJUSTMENT
MR. FISCHETTI MOVED TO APPOINT MR'.. RONNIE FARMER AS SECOND
ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT, WITH A TERM TO
EXPIRE ON OCTOBER 1, 1987. MR. NICHOLAS SECONDED MOTION.
DISCUSSION FOLLOWED,
VOTE ON THE MOTION WAS AS FOLLOWS, IN FAVOR, MR. FISCHETTI,
MR. MARCHETTI,MR. NICHOLAS AND MAYOR RUTHERFORD, OPPOSED, MR.
WINCHESTER. MOTION CARRIED.
DISCUSSION
CITY MANAGER NUTT REQUESTED COUNCIL CONSIDER HAVING A.
SPECIAL MEETING ON THURSDAY, JULY 25TH FOR THE PURPOSE OF AWARDING
THE. BID ON THE RECREATION BUILDING. 'THERE WERE No OBJECTIONS AND
A SPECIAL MEETING WAS SET FOR 7:30 P.M. ON JULY 25TH,
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
AT 9:10 P.M. `.
' APPROVEDTHIS 6th DAY OF AuQuat , 1985.
ATTESTS
ty c er
CITY COUNCIL REIRAR MEETING
JULY 16, 1985
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