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Home My WebLink AboutMinutes 02-04-1986CITY COUNCIL. REGULAR MEETING FEBRUARY 4, 1986 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON FEBRUARY 4,.'1966, AT: CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7130 P.M. BY MAYOR LEE, INVOCATION WAS .LED BY COUNCILMAN MARCHETTI, WHICH WAS FOLLOWED BY THE PLEDGE OF ALLEGIANCE. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR P. LEE, MAYOR PRO'TEM J. WINCHESTER, COUNCIL .MEMBERS J. FISCHETTI, M. MARCHETTI AND L. NICHOLAS. ALSO PRESENT WERE CITY ATTORNEY J. THERIAC,CITY 14ANAGER P. NUTT AND CITY CLERK J. LEESER. MR. NICHOLAS MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 21, 1966. MR. MARCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCI N0_._ �1-86 AMENDING ZONING REGULATIONS BY AMENDING S€�_�ST L CONSTRUCTION SETH CK LINE"_ BY EXEMPTING CERTAIN ROPERTIES ISECOND READING AND PUBLIC HEARING) MAYOR 'LEE READ THE TITLE .OF�THE ORDINANCE AS FOLLOWS, AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 635.25, 'COASTAL CONSTRUCTION SETBACK AND CONTROL LINES•, BY EXEMPTING CERTAIN PROPERTIESI REPEALING ALL PORTIONS OF THE COOS IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE.: MR. NICHOLAS MOVED' FOR ADOPTION. MR.. FISCHETTI SECONDED NOTION. VOTE ON THE MOTION WAS AS POLLOWSS IN FAVOR, MR. FISCHETTI, MR. MARCHETTI AND MR. NICHOLASI OPPOSED, 'MR. WINCHESTER. MAYOR LEE ' ABSTAINED FROM VOTING. NOTION ,CARRIED. ORDINANCE NO. 1-86 WAS ADOPTED ON SECOND READING. ITEM 2. ORDINANCE 'SN0. 2-86 AMENDING CRAFTER 253 LIBRARY HOARD HY HA NG NGTH OF BOARD MEMBERS ISEC ND READING AND PURL C HEARING MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS= AN ORDINANCE AMENDING CODE CHAPTER 253, -LIBRARY BOARD' BY AMENDING SECTION 253.02 8Y CHANGING THE LENGTH OF TERM OF BOARD NENBERSt REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERENITHI PROVIDING AN EFFECTIVE. DATE. CITY COUNCIL FB32 R MEETING .FEBRUARY 4, 1986 PAGE 1 OF 5 MR. NICHOLAS MOVED FOR ADOPTION. MR. MAHCHE'PTI SECONDED MOTIU :. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. ORDINANCE NO.. 3-86 AMENDING ZONING REGULATIONS BY. AM ND N EC. DICATED PUBL C NO TO INCLU Uh: 'E SEM NT NO ESTABLI HING EC. DEDICATED PCbLI� EASEMENT P RST. READ NG ANO PUBLIC�NEA INGI MAYOR. LEE READ THE TITLE OF. THE ORDINANCE AS POLLOWSt o AN ORDINANCE AMENDING THE ZONING . REGULATIONS Of THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 639.57, •DEDICATED PUBLIC LAND* BY INCLUDING EASEMENTS) BY ESTABLISHING 'A NEW SECTION 639.56, *DEDICATED PUBLIC EASEMENT") REPEALING ALL. PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE, MR. NICHOLAS MOVED TO APPROVE FIRST READING. MR. PISCHETTI SECONDED MOTION. 'MOTION CARRIED UNANIMOUSLY. ITEM. 2. ORDINANCE NO, 4-86 REPEALING CHAPTER 611. "BUILDING CoDF" AND ESTA H NEW RAFTER 8UI NG C DE" BY ADOPT N THE EDIT ON O THE STANDARD BUILDING CODE AN ES TR ON DING CODE FIRST READING AND PUBLIC HEARING)' MAYOR LEE READ ,THE TITLE OF THE'ORDINANCE AS FOLLOWS, AN ORDINANCE AMENDING CHAPTER 611, "BUILDING CODE" BY REPEALING IT IN ITS ENTIRETY AND SUBSTITUTING IN ITS STEAD A NEW CHAPTER 611, -BUILDING'CODE-$ ADOPTING THE 1985 EDITION OF THE STANDARD BUILDING CODE, INCLUDING APPENDIXES -A" THROUGH -R-., WITH THE EXCEPTION' Of APPENDIX -N -, WHICH IS NOT ADOPTED$ ESTABLSIHING APPENDIX •S-., "COASTAL CONSTRUCTION BUILDING CODE -1 REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH$ PROVIDING AN EFFECTIVE DATE. MR. WINCHESTER. MOVED TO TABLE. THIS ITEM. 'NOTION DIED FOR LACK OF A SECOND. CITY ATTORNEY J. THERIAC EXPLAINED THAT THE STATE MANDATES ' ADOPTION OF THE COASTAL CONSTRUCTION BUILDING CODE BY MARCH 1ST. MR. PISCHETTI MOVED TO APPROVE FIRST READING. MR. MARCHETTI SECONDED MOTION. BUILDING OFFICIAL, ARTIS GUNN,: EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD ,MANDATE ADDITIONAL CONSTRUCTION STANDARDS TO BUILDINGS CONSTRUCTED IN THE -B- FLOOD ZONES.: MR. JOHN MURPHY POINTED OUT THE THE PROPOSED ORDINANCE MOULD ALSO ADOPT THE 1985 STANDARD BUILDING CODE. HE FURTHER NOTED THAT HE. CITY COUNCIL ROaRI,R MEE DC FEBRURW 4. 1986 PAGE 2 OF 5 'J5.'E.:'TED 'TO THE PROVISION THAT WOULD REQUIRE SIGNED ,AND SEALED DRAWINGS. VOTE ON THE MOTION WAS AS FOLLOWS$ IN FAVOR, MR.FISCHETTI. MAYOR LEE, MR. MARCHETTI AND MR. HICHOLASI OPPOSED, MR. WINCHESTER. MOTION CARRIED. ORDINANCE NO. 4-86 APPROVED FIRST READING. ITEM 3. RESOLUTION NO. 86-4 VACATING ENTIRE 12 -FOOT ALLEYWAY BETWEEN HARRISON AND TYLER AVENUES BLOCK AVON -B -THE-6EA. PETIT ON R -JAMS PEEPL S FOR RL. SR. AND BEACHPARK. INC. (PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION VACATING THE TWELVE FOOT ALLEYWAY BETWEICF HARRISON AND TYLER AVENUES, BLOCK, 40, AVON -BY -THE -SEA WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING A'• EFFECTIVE DATE. MR. NICHOLAS MOVED TO TABLE.( MOTION DIED FOR LACK OF A.SECOND. DISCUSSION FOLLOWED. CITY CLERK J. LEESER NOTED THAT TUC CITY HAD Nu: RECEIVED ANY CORRESPONDENCE FROM, THE PROPERTY OWNER Of LOT 5. MR. PEEPLES, WHO WAS REPRESENTING THE PETITIONER, PRODUCED` A LETTER FROM ,THE PROPERTY. OWNER�INDICATING HIS APPROVAL OF THE VACATION.' DISCUSSION FOLLOWED ON THE EASEMENT THAT WOULD. BE DEDICATED TO THE CITY, AND THE FACT THAT IT WOULD BE NECESSARY FOR THE OWNER OF LOT 5 TO ALSO DEDICATE A'PORTION OF THE EASEMENT TO THE CITY, DISCUSSION CONTINUED' ON. WHO WOULD BE RESPONSIBLE, FOR MAINTAINING THE EASEMENT. MR. MARCHETTI MOVED TO TABLE UNTIL THE NEXT MEETING. MR, WINCHESTER SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 4.. RESOLUTION NO. 86-5 PLAT APPROVAL (RESUBMITTAL) OCEAN -UMHOUSE, N.W. CORNER OF CHANDLER TREET AND RIDGEWOOD AVENUE - WILLIAM BENNIX MAYOR LEE READ. THE TITLE OF THE RESOLUTION AS FOLLOWS$ ARESOLUTION APPROVING THE PLAT OF "OCEAN MIST. .TOWNHOUSE"i AUTHORIZING THE MAYOR AND CITY CLERK TO 'CERTIFY THE PLATT PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. 'MR. FISCHETTI SECONDED NOTION. MOTION CARRIED UNANIMOUSLY.' ITEM 5.. RESOLUTION APPR NO. 86OVAL dARBOR HEIGHTS VoMgEl.-U-6N PLAT AT ED ON T. SOUTHSIDE OF THE ENTRANCE TO HARBORHEIGHTS`- LOUIE C. dUMA MAYOR LEE READ THE TITLE Of THE RESOLUTION AS FOLLOWS% a RESOLUTION APPROVING THE PLAT OF "HARBOR HEIGHTS. TOWNHOUSES"; AUTHORIZING THE .MAYOR AND CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. CITY coum . FXGUI R MEETING FEBPIM A, 1986 PAGE 3 OF 5 MR. FISCHETTI MOVED FOR ADOPTION.. MR. WINCHESTER SECONDED MOT1(=:. IT WAS POINTED OUT THAT LAST YEAR THE OWNER OF THE PROPERTY CONVEYED A 24' EASEMENT FOR INGRESS AND EGRESS TO THE CITY. THE PLAT SHOWS A 34' EASEMENT. DISCUSSION FOLLOWED. MAYOR LEE MOVED TO TABLEUNTIL THE EASEMENT PROBLEM IS RESOLVED. N.R. MARCHETTI SECONDED NOTION., MOTION, CARRIED. UNANIMOUSLY. ITEM 6. RESOLUTION NO. 66-7 ENCOURAGING THE STATE LEGISLATURE '10 ESTABLISH THE LAST GENERAL ELECTION AS THE HABIB FOR INITIATIVE PETITION SIGNATURES FOR MUNICIPALITIES MAYOR LEE READ. THE TITLE OF THE RESOLUTION AS POLLOWSt A RESOLUTION REQUESTING THE BREVARD COUNTY DELEGATION '1,) THE FLORIDA STATE 'LEGISLATURE TO INTRODUCE, SPONSOR AND SUPPORT THE ENACTMENT OF LEGISLATION AMENDING SEC. 166.031, FLORIDA STATUTES,TO PROVIDE THAT THE NUMBER 1r REGISTERED ELECTORS OF A. MUNICIPALITY IN ITS 'LAST PRECEDING MUNICIPAL GENERAL ELECTION• SHALL HE USED 1N . CALCULATING THE NUMBER OF REGISTERED,ELECTORS OF SUCH MUNICIPALITY REQUIRED ON A PETITION FOR CHARTER AMENDMENT BY INITIATIVE REFERENDUM; PROVIDING AN EFFECTIVE DATE, MR. NICHOLAS MOVED FOR ADOPTION. MR.. 14ARCHETTI SECONDED MOTION. MOTION, CARRIED UNANIMOUSLY. ITEM 7.RESOLUTION N0. 86-8 ENCOURAGING TH. MARINE FISHERIES OMM S I TO .?8 O D PUBLIC HEARINGS ON ESTABLISHING MARINE AQUATIC SANCTURIES IN BREVARD COUNTY. MAYOR LEE READ THE TITLE OF. THE RESOLUTION AS POLLOWSt ARESOLUTION ENCOURAGING THE MARINE FISHERIES COMMISSION TO DETERMINE THE FEASIBILITY AND MERITS OF ESTABLISHING MARINE AQUATIC SANCTUARIES IN BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. MR. WINCHESTER MOVED FOR ADOPTION. MR. FISCHETTI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM S. 'MOTION RE$ CHANDLER STREET CONSTRUCTION CHANGE ORDER MR. NICHOLAS MOVED TO APPROVE THE CHANGE .ORDER, WHICH WOULD RE -ALIGN CHANDLER STREET AT RIDGEWOOD AVENUE. MR. WINCHESTER SECONDED ' MOTION., MOTION CARRIED UNANIMOUSLY. .ITEM 9. MOTION 'RE% AWARD OF BID FOR ENGINEERING SERVICES FOR SUBSURFACE (STREETS IN .AVON Jff=-) MR. NICHOLAS MOVED. TO AWARD THE BID TO UNIVERSAL ENGINEERING AND TESTING IN THE AMOUNT OF $3,050.. MR. WINCHESTER SECONDED NOTION. MOTION CARRIED UNANIMOUSLY, CITY COUNCIL. R=LAR MEETING. FEBRUARY 4, 1986 PAGE 4 OF 5 MICROFILMED AUG 87 DISCUSSION MAYOR LEE REQUESTED COUNCIL CONSIDER A RESOLUTION REGARDING ESTABLISHING A FOREIGN TRADE ZONE AT PORT CANAVERAL WHICH WILL BE ON THE NEXT AGENDA. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8: 10 P.M. APPROVED THIS 18th DAY OF February , 1986 . • ft14 • YOR ATTEST: ';(X C CLERK saa a"^ - i CITY COUNCIL REGULAR MEETING FFRRUARY 4, 1986 PAGE 5 OF 5 15:, SSION MAYOR LEE REQUESTED COUNCIL CONSIDER A RESOLUTION REGARDING cSCABLISHING A FOREIGN TRADE ZONE AT PORT CANAVERAL WHICH WILL BE ON FORM 4 MEMORANDUM OF VOTING CONFLICT WHO MUST PILE FORM 4 f m, f„, m o for use by any Peratn serving OR either an appointed cur elected board, council, commission, authority, or commntce w f,nhcr .tate or local, and it applies equally to members of advisory and non4ilvisiny bodies who are faced with a voting c "(lest of >.m .Duns conninrequieemeensfor public offt4•m at the local kvd ddfa from the wquireemm"for date o(Boers,this form a do tdcd .,.o. — para. PART A is person use by powry ng on goes, boards (municipal, county, special Tax districts, ctu.), while PARI R u P, nh,d for all other bards, i.e., thew At the cute levd. the form comaim instructions as to %ben and whew this form must be filed. PART A VOTING CONFLICT OISCLOEURE FOR LOCAL PUBLIC OFFICERS (Required by Section 112.31430). Florida Statute$ (SupP. 196411) I county, and other ford publse -BlIn” FROhI I ne e ndc of Rhin for Public Officers and Emuleyce!PROHIBITSgm ooasppeecial pnv of Pin. �' local o(Seer also is prohibited from 01 ne to an official capacity upon any measure A o,.M mslf -mins in his offuaal capacity upon any "stns"" which inures to lite special pin of any principal loth" than a {overnmem aµeuc. i. defined in Section 112312(2). Florida Statute) by whom be n «aided• In Ao. wch caw a local Public oHk" must disclose The enow: ,.i P R IOR TOTH E VOTE BEING TAKEN by publielystatin{to the assembly the nature of his interest in the matt" on which hes Amtamtng Item -miry: and tri NIIH1% 15 OAVS AFTER THE VOTE OCCURS by d"cribia{the nature of Aa ttwere$nuapubhe record sn this P•"below ♦0I h. ('ommu.iorters of a Community Redevelopmens Agana created "designated Institution Y Section 163.356or Section 163.357, 11,nrda tivat"ISupp.19641. or olfiae+ofirdependem spectal Y6 duRriwekcYdonaone-a"e..mrc-uae6uuam ha prohibited from _Imp In such cera, however. The oral and wrmea discicauw of this Pin must bbee.J�/�a/de I. the uadersi{ned local public olfioa, hereby disclose than an --=•f-*��—•.19..Y'-: IA) 1 abstained from voting oh a matter which tdw& amel: X inured to my $10" Private pin: or by whom I am —1 --old. __— muted to the -Peeing fain of i171711QLaNP 20 Cm COUNCIL 1,41AM f [lslrili,RY 41 1986 Pi+:aC 1 OF 1 ..., --- i 1 I ah.cunrJ I MMM wyd thY nemu nl m! nnae.t m rhe muwrt i. a. Gdlnw 1. Am EE ) IAX ?UNy�/ N G PEI. . Pt yl%1� >1AIG iG/157NL ,�.;T!'t(e1fGrJ !rj Avpi T. PcI�. T Aw. PF_#?5/JHCL'y lE �iyltlF.D "j tq Plrt^_F_ aF ZAIIJ TN/S r4Rk14 Pa:c l O'd SI/MIYR PART C for imirtYtiom on when and when tY fik this form. PART S VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS (Required by lieciioa I M3101). Florida Slatuw (Supp. 19fa1.) 14,h -IC publIC officer is permitted to vote in hie official gpacity OD anY autur. HO -CM. ANY Wte officer who votes in hu ulGnal capes. n7 upon an}measurcwhkhinura to huspecial private Pinar the special pia ofany principal by whom he Y F IMd uregturcd t d-1,111 the MIUre of his rote t as a public record in Fort B below within IS days cher the vore orxuR. I. the undmillud Officer Of A "uta SVM7, hereby dieiONC that on �" 19—: tar 1 , nted on ■ matter which (ehod am): _ mored to my special private pin; or by whom I am retamnl _. inured to the special pin of n 7 I nemum on which I Yoted and the "lure d my imerot in the measure is as (ollawa Pau Idea SiSMturc Prean tea PART C below for imtriw iOm oa whea &ad,wberc to file thin form' may C FIUNG INSTRUCTIONS memorandum moat be flied within fdteea(IS)daysfoUowiu{the mactialldutinS which the votin{ewdWaoaured with the person re.pc,mibk for recardin{the minutes of the ateetini.wposhali illcorpontethe ntemoraadum Lathe ateeliaSminme+. Thhtorm Deed nm I. tiled merely to indicate the obse of al a vatlns ealdbd• ` Ivt NINw10 R10aN OR YO�R[I OF TME FOLLOWING IM►EACNYE i-REYOYA Ri ORtp EM410N FROYYtO!FICI OR IMPLO—ENT. tai wuiruN.aLPLE'ImN1A tALMY.REel1YANp.M AE1YIL M:NALTY WtIOEREtEOE1iE