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Home My WebLink AboutMinutes 08-06-1985CITY COUNCIL REGULAR MEETING AUGUST 6, 1985 A REGULAR MEETING OF THE CITY, COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS .HELD ON AUGUST 6, 1985, AT. CITY HALL, 105 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 MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. FISCHETTI, AND L. NICHOLAS AND M. MARCHETTI. ALSO PRESENT WERE CITY MANAGER F. NUTT, DEPUTY CITY ATTORNEY JAMES THERIAC AND CITY. CLERK J. LEESER,, CITY ATTORNEY J. SCOTT. AND MAYOR PRO TEM JOHN WINCHESTER WERE OUT OF`. TOWN ON `:ACATION. MR. FISCHETTI MOVED TO APPROVE THE MINUTES OF JULY '16,1985 AND JULY 25, 1985, .MR, MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. PUBLICHEARING ITEM 1..`, RESOLUTION NO 85-32 EQUALIZING AND LEVYING ASSESS n,a CHA.DLER-STREET CONSTRUCTION PROJECTPUBLIC H—AI G; POSTPONED MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION EQUALIZING THE ASSESSMENT, 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. FISCHETTI SECONDED MOTION. MAYOR RUTHERFORD READ A. LETTER FROM BEACH PARK VILLAGE SEEKING RELIEF FROM THE ,PAVING .ASSESSMENT. DISCUSSION FOLLOWED, IT WAS POINTED OUT THAT THE ASSESSMENT ROLL WAS BASED ON. THE CONSTRUCTION FIGURE OF $96,000 AND THAT ONCE CONSTRUCTION WAS FINISHED, ,THE ASSESSMENT COULD BE LOWERED IF THE ACTUAL COSTS: WERE LOWER. 'HOWEVER, IN NO CASE COULD THE ASSESSMENTS BE RAISED. MR. NICHOLAS POINTED OUT THAT THE CITY PICKED UP THE COST OF CITY OJImm Rs=m MEET= AUGUST 6, 1985 PACE 1 OF 5 :AVING THE INTERSECTIONS IN THE AVON AREA. MR. NICHOLAS MOVED AMEND THE ASSESSMENT ROLL TO SHOW THE CITY OF CAPE CANAVERAL PAYING FOR 100 LINEAL FEET AND REDUCING THE LINEAL FOOTAGE TO BE ASSESSED TO THE ADJACENT PROPERTY OWNERS 'BY. THE FOLLOWING AMOUNTS: BLOCK AMOUNT RMOUCED 10 49.4, FEET 11 28.4 FEET 12.01 .22.2 FEET. ?f/,YOR RUTHERFORD SECONDED MOTION, DISCUSSION, FOLLOWED. VOTE, ON THE MOTION WAS UNANIMOUS. VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY. RESOLUTION !d0 65-32 WAS ADOPTED, WHICH EQUALIZED THE ASSESSMENTS AS FOLLOWS: BLOCK TOTAL FOOTAGE: TOTAL ASSESSMENT 10 672.54 $42,955.12 11 386,8524,696.50 1 12.0302.60 19,330.75 _UNFINISHED BUSINESS ITEM 1. MOTION RE: VENDOR'S LICENSE FLORIDA FROST MOBILE UNITS — JOHN SERRY POSTPONED 7-16' MAYOR RUTHERFORD MOVED TO APPROVE THE VENDOROS LICENSE. MR.. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, NEW BUSINESS ITEM 1. ORDINANCE NO. 37-85 AMENDING ZONING REGULATIONS SEC. 619.53. 9. 3 RECREATIONAL VEHICLES. CAMPING EQUIPMENT. BOATS ANU B w TRAILERS FIRST READING AND PUBLIC EARINGT MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 631 OF THE CITY' CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 639.33 "LOCATION OF RECREATIONAL VEHICLES, CAMPING EQUIPMENT, BOATS AND BOAT TRAILERS", BY DELETING SECTION. 639.33 IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 639.33! REPEALING ALL PORTIONS OF. THE .CODE IN CONFLICT, HEREWITHt PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO: 38-85 AMENDING ZONING REGUWIONS SEC. .6 .5 ALLOWING' COMMERCIAL TRDCK RENTALIN A C-1 ZONE BY SPECIAL EXCEPTION FIRST READING AND PUBLIC HE"ING) CITY O']U4:m im im MEETING AUGUST 6. 1985 PALE 2 OF 5 RAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 631, 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 NEW SPECIAL EXCEPTION SECTION ENTITLED RENTAL OF UTILITY. TRAILERS. AND TRUCKS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE' DATE. MAYOR RUTHERFORD MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. MR. NICHOLAS POINTED OUT THAT THE ZONING REGULATIONS CURRENTLY ALLOW COMMERCIAL TRUCK RENTAL IN CONJUNCTION. WITH A SERVICE STATION. IT WAS POINTED OUT By MR. SOB HOGG, CHAIRMAN OF THE CODE ENFORCEMENT BOARD, THAT PROPAC WAS SEEKING THIS CHANGE IN ORDER' TO RENT TRUCKS AT THEIR BUSINESS ESTABLISHMENT ON NORTH. ATLANTIC AVENUE. - DISCUSSION FOLLOWED. VOTE ON THE MOTION WAS ALL OPPOSED. ORDINANCE NO. 38-85 FAILED ON FIRST READING. ITEM 3. 'ORDINANCE NO. 39-85 AMENDING ZONING REGULATIONS SEC. 639.27 BY ALLOWING SOLID SIX FOOT CONCRETE BOUN AR A LS AS A DUFFER FFERSETWEEN ul".- 5SIFICATfuNS jFjasT READING AHD PUBLIC HEARING MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS; AN ORDINANCE AMENDING'. CHAPTER 632, ZONING REGULATIONS, OF THE CODE or ORDINANCES OF THE CITY OF CAPE. CANAVERAL, FLORIDA, BY THE ADDITION OF SEC. 639.27 .1617 ALLOWING SIX .(6) FOOT CONCRETE. BOUNDARY WALLS AS A BUFFER BETWEEN DIFFERENT ZONING CLASSIFICATIONS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;PROVIDING AN EFFECTIVE DATE. ORDINANCE FAILED FOR LACK Of A MOTION. - ' ITEM 4. 85 ESTABLISHING STRAW BALLOT " QISTION REGARDING PROVIDING FIRE PROTECTION SERVICES TO PORT CANAVERAL MAYOR RUTHERFORD READ THE TITLE. OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE SUBMITTING TO THE .ELECTORS OF CAPE CANAVERAL, FLORIDA, A REFERENDUM QUESTION TO ESTABLISH THE CITY'S POLICY REGARDING PROVIDING PORT CANAVERAL WITH FIRE EQUIPMENT; 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. CITY COUNCIL RoaRAR MEETING AUGUST 6, 1985 PAGE 3 OF 5 MR. FISCHETTIMOVED TO APPROVE FIRST READING. MAYOR RUTHERFORD. SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD PLACE A REFERENDUM QUESTION ON THE BALLOT IN NOVEMBER. MR. MARCHETTI NOTED HE WAS IN DISAGREEMENT WITH THE ORDINANCE BECAUSE HE IS OF THE .OPINION .THERE ISNONEED FOR THE QUESTION. MR. FISCHETTI EXPLAINED HE WAS NOT HAPPY WITH THE WAY.THE QUESTION WAS WORDED, DISCUSSION FOLLOWED. MR. FISCHETTI MOVED TO TABLE. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. 'ORDINANCE NO. 40-85 WAS TABLED. ITEM 5. MOTIONREi PERMISSION TO ADVERTISE FOR FOR MODIFICATIONS AT WASTEWATER TREATMENT PLANT TO MEET PA REQUIREMENTS MAYOR RUTHERFORD 50 MOVED. MR. NICHOLAS SECONDED MOTION. IT WAS EXPLAINED:THAT THE MODIFICATIONS ARE REQUIRED. TO MEET, THE CHLORINE REQUIREMENTS: OF BOTH EPA AND DER. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION REt' AUTHORIZING SURVEY AND ENGINEERING WORK FOR COLUMBIA DRIVE IMPROVEMENT MAYOR RUTHERFORD So MOVED. MR. MARCHETTI SECONDED MOTION. MAYOR RUTHERFORD EXPLAINED THE ENGINEERING WORK WAS. REQUIRED TO DETERMINE THE EXTENT OF THE STREET IMPROVEMENTS NEEDED. '. MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION REt AUTHORIZING ADDITIONAL FUNDING FOR CAPE CRAVERAL LIBRARY MAYOR RUTHERFORD MOVED TO AUTHORIZE $493.00 TO THE CITY LIBRARY TO COVER THE PERIOD THROUGH SEPTEMBER 30, 1985. MR. MARCHETTI SECONDED ,MOTION. DISCUSSION FOLLOWED ON THE .COUNTY RECOMMENDATION' TO PHASE OUT THE CAPE CANAVERAL LIBRARY IN THREE YEARS. VOTE ON THE MOTION WAS UNANIMOUS.. ITEM S. DISCUSSION RE: FACILITY IMPROVEMENTS MAYOR .RUTHERFORD READ THE LIST OF PROPOSALS FOR THE CAPITAL IMPROVEMENT PROGRAM, WHICH IS ATTACHED HERETO. MR. MARCHETTI SUGGESTED ADDING A NEW FACILITY FOR THE LIBRARY TO THE LIST. ;MR, NICHOLAS SUGGESTED DISCUSSING THE LIST OF CITY 07Ut m nmaut R MEETING AUMST 6, 1985 PACE 4 OF MICROFILMED AUG 87 PRIORITIES FOR LONG TERM IMPROVEMENTS AT A FUTURE WORKSHOP MEETING AND ADDRESSING THE SHORT-TERM ITEMS, i. e. BUILDING AND GROUNDS IMPROVEMENTS (ITEM I) NOW. CITY MANAGER NUTT ESTIMATED IT WOULD COST APPROXIMATELY $35 , 000 FOR THE IMPROVEMENTS. MR. FISCHETTI MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ADD-ON ITEM: MOTION RE: AUTHORIZING CITY MANAGER TO SOLICIT BIDS AND WHATEVER ELSE NECESSARY TO PROCEED WITH ALL BUILDING AND GROUNDS IMPROVEMENTS UNDER ITEM I . MR. FISCHETTI SO MOVED. MR. MARCHETTI SECONDED MOTION. MOTION ' CARRIED UNANIMOUSLY. DISCUSSION i MR. NUTT REMINDED COUNCIL AND MEMBERS OF THE AUDIENCE OF THE BREVARD COUNTY COMMISSION MEETING ON AUGUST 27TH, AT WHICH THEY WILL BE SOLICITING INPUT FROM THE PUBLIC REGARDING THE CLOSING OF THE . CAPE CANAVERAL LIBRARY. MR. JOHN MURPHY QUESTIONED THE ZONING REQUIREMENT OF REQUIRING RESIDENTIAL UNITS TO BE BUILT TO COMMERCIAL STANDARDS WHEN BUILT IN A C-1 ZONE. COUNCIL REFERRED THE ITEM TO THE PLANNING AND ZONING BOARD FOR DISCUSSION. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9 : 05 P.M. APPROVED THIS 20th DAY OF August , 1985 . /r' / r `,Orr • ayor ATTEST: 110 D , XI. t( 66 y Clerk CITY COUNCIL REGULAR MEETING AUGUST 6 1985 PAGE 5 OF 5 PFI',RITIES FOR LONG TERM IMPROVEMENTS AT A FUTURE WORKSHOP MLETING AND ADDRESSING THE SHORT-TERM ITEMS, i.e. BUILDING AND GROUNDS IMPROVEMENTS (ITEM I) NOW. CITY MANAGER NUTT ESTIMATED IT MOULD COST APPROXIMATELY $3S,000 FOR THE IMPROVEMENTS. MR. FISCHETTI. MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. MR. NICHOLAS SECONDED MOTION. ..MOTION CARRIED UNANIMOUSLY. ADD-ON ITEMS MOTION RES AUTHORIL NG CI TY .MANAGER TO SOLICIT SIDS AND WH TEVER ELSENECESSARY TO PROCEED WI H ALL BUIL ING AND GROUNDS IMPROVEMENTS UNDER ITEM I, MR. FISCRETTI SO MOVED. MR. MARCHETTI'SECONDED MOTION. DTIC'. ^_ ARRIED UNANIMOUSLY. - DISCUSSION MR. NUTT REMINDED COUNCIL AND MEMBERS OF THE AUDIENCE OF THE ❑REVARD COUNTY COMMISSION MEETING ON AUGUST 27TH,. AT WHICH THEY WILL BE SOLICITING INPUT FROM THE PUBLIC REGARDING THE CLOSING OF TH CAPE CANAVERAL LIBRARY. MR. JOHN MURPHY QUESTIONED THE ZONING ;REQUIREMENT OF REQUIRING RESIDENTIAL UNITS TO BE BUILT TO COMMERCIAL STANDARDS. WHEN BUILT IN A C-1 ZONE. COUNCIL REFERRED THE ITEM TO THE PLANNING AND ZONING BOARD FOR DISCUSSION, THERE. BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9;05 P.M. APPROVED THIS 20th DAY OF Auquat , 1985., yor ATTESTS �tyCerk pCITY �CD=IL REGULAR MEETING PACETY5 &J985 PROPOSALS FOR THE CAPITAL IMPROVEMENT PROGRAM 1. Building and Grounds Improvements. Stucco finish on City Hall and annex buildings. - Landscaping of buildings in City Hall complex. Refurbish underground sprinkler system for the ' annex building. Construct sidewalks on the west and north 'sides of the City Rall building, Purchase a new sign for City Nall complex. I1. Street and 'Right -of -Way Improvements - Widening of North Atlantic Avenue. - Extension of Ridgewood Avenue; -Construction ofChandler Street. '' - Paving the 'following dirtroadai. a. .Holman. Road. b. Justamere Road' c.Oak Lane ' - Acquisition of Central Boulevard. - Excavation and repair of Avon Streets. - Improvements to medians and entry points. - Installation of traffic control devices. - Construction of road to public works facility. - Resurfacing Projectst a. Columbia Driva b. Ridgewood Avenue,. c. Bike paths d. Shuffleboard courts e. Parking ,lot at City Hall III. Beaches, Shores and Park Improvements Development of Long Point Road property. Development of Polk Avenue property... -Construction of three additional dune crossovers._ ATVCHM NT TO '- MY 0MNCIL RMUM MEETING AUMM 6, 1905