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HomeMy WebLinkAboutMinutes 08-19-1986CITY COUNCIL REGULAR MEETING AUGUST 19, 1986' A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD ON AUGUST 19, 1986, AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT7#30 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 PAT LEE, MAYOR PRO TEM LEO NICHOLAS, COUNCIL MEMBERS JEFF KIDD, MIKE MARCHETTI AND JERRY FISCHETTI. ALSO PRESENT WERE CITY MANAGER FRED NUTT, CITY ATTORNEY JIM THERIAC AND CITY CLERK JANLESSER.' MR. MARCHETTI MOVED To FOREGO THE. READING OF THE MINUTES OF TRF REGULAR MEETING OF AUGUST 5, .1986. MR,' PISCHETTI SECONDED MOTION. MR. FISCHETTI MOVED TO CORRECT THE MINUTES TO REFLECT THAT HE MOVED 'IC, FORGO THE READING OF THE MINUTES OF AUGUST STH. 'MR. KIDD SECONDED MOTION, VOTE ON THE NOTION WAS UNANIMOUS. VOTE,, ON THE MAIN MOTION WAS UNANIMOUS. THE MINUTES,;AS CORRECTED, WERE APPROVED. UNFINISHED BUSINESS ITEM 1. ORDINANCE N0.17-86 AMENDING: BONIREGULATIONS TO ALLOW ADULT ENTERTAINMENT FACILITNGIES IN M— EON NG DISTRICT BY SPECIAL EXCEPTION (SECOND READINGAND PUBLIC HEARING) 'MAYOR LEE READ THE. TITLE OF THE ORDINANCE AS FOLLOW$t AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY PERMITTING ADULT ENTERTAINMENT ESTABLISHMENTS. IN THE M-1 ZONING DISTRICT BY SPECIAL E$CEPTIONI PROVIDING DEFINITIONSI PROVIDING FOR THE AMORTIZATION OF NONCONFORMING USESJ' PROVIDING FOR A MEASUREMENT OF 'DISTANCES BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS AND OTHER USES$ ESTABLISHING A PROVISION FOR WAIVERS) REPEALING CERTAIN PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF CAPEd CANAVERAL, FLORIDA# PROVIDING FOR SEVER— ' ABILITY$ REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS, MOVED FOR ADOPTION. MR.., FISCHETTI SECONDED MOTION. THE CITY CLERK DREW COUNCIL'S ATTENTION. TO A PETITION THAT HAD BEEN SUBMITTED BY RESIDENTS OF VILLAGESOF SEAPORT OBJECTING TO ADULT ENTERTAINMENT ESTABLISHMENTS BEING ALLOWED IN THE NORTH—EASTERN PORTION OF THE CITY. MAYOR LEE AND ;ATTORNEY THERIAC REITERATED TO THE CITY COUNCIL FrFIlEAR AUG. AUGUST 19, 1986 MINUTES PAGE 1 OF 9 ZP:NS 14 ATTENDANCES THAT BECAUSE OF A UNITED STATES SUPREME COURT u!tA NG, THE CITY CANNOT PROHIBIT ADULT. ENTERTAINMENT FACILITIES. IT wAS EXPLAINED THAT THE PROPOSED ORDINANCE WOULD ALLOW ADULT ENTERTAIN— MENT ESTABLISHMENTS IN M-1 ZONING DISTRICT _BY SPECIAL EXCEPTION, BUT BF.CAUSE OF THE DISTANCE LIMITATIONS, THE AREA'WHERE THEY, WOULD BE ALLOWED WOULD BE AS DEPICT ED ON THE MAP WHICH WAS ON DISPLAY AT THE MEETING. IN RESPONSE FROM A QUESTION. REGARDING THE ROMAN FORUM, MR. Ititi RIAC EXPLAINED THAT THEY CLASSIFY THE14SMVES AS A PRIVATE CLUB, Hoc . )RTHER NOTED THAT THE ORDINANCE DOES HAVE AN AMORTIZATION CLAUSE sEUIRIBG ANY, EXISTING ADULT ENTERTAINMENT ESTABLISHMENT TO BE LOCATE::' THE PROPER ZONE 'WITHIN FIVE YEARS. DISCUSSION CONTINUED ON THE ,fl_-�POSED ORDINANCE, VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO.. '17+86 WAS q'JPTED ON SECOND READING. ITEM 2. ORDINANCE ND. 18-86 ESTABLISRING CODE CHAPTER 722 ADULT ENTERT HN NT CODS. 1 ECOND R DI G AND PUBLIC MAYOR LEE READ THE TITLE OF THE ORDINANCE AS POLLOWSt AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARO COUNTY, FLORIDA, ADOPTING AND ENACTING AN ADULT ENTERTAINMENT CODE OF ORDINANCE FOR THE CITY. OP CAPE CANAVERAL) ESTABLISHING THE SAME$ ESTABLISHING CHAPTER 722 OF THE CODE OF CAPE CANAVERAL? REQUIRING C S OF THE T INGTHE LICENSING OF F ADULT BOOKSTORES, ADULT THEATERS, MASSAGE! ESTABLISHMENTS AND ADULT DANCING ESTABLISHMENTS, AS DEFINED$ PROVIDING PROCEDURES FOR LICENSE APPLICATION,. ISSUANCE, RENEWAL, SUSPENSION AND REVOCATION; REQUIRING THE DISPLAY OP LICENSES!' PROVIDING AN APPEAL FROM THE DENIAL, SUSPENSION OR REVOCATION OF LICENSES$ REGULATING THE TRANSFER OF LICENSES AND THE CHANGE IN THE LOCATION OR NAME OF A.. LICENSED ESTABLISHMENT$ REQUIRING LICENSE PEES$ PERMITTING THE CITY MANAGER TO REQUIRE THAT RECORDS. BE MA'INTAINED'BY Ll EMBED HEALTH, FIRE, BUILDINGING ANDC ZONING WITH REGULATIONS;' IMPOSING SPECIAL ADVERTISING RESTRICTISTORCS CONCEAL THHEEIR MATERIALS FROM, PASSERNG THAT ADULT SBY ANO PROVIDE SPECIFIED FACILITIES FOR RECORDING BOOTHS$ REQUIRING THAT MASSAGE ESTABLISHMENTS POSSESS A STATE LICENSE AND PROVIDE SPECIFIED DRESSING. ROOMS, SHOWERS, AND LOCKERS$ REQUIRING THAT ADULT MOTION.PICTURE THEATERS PROVIDE SANITARY FACILITIES$ IMPOSING SPECIAL . ,CONSTRUCTION REQUIREMENTS FOR ADULT NOTION PICTURE BOOTHS! PROHIBITINGOUTDOOR ADULT .MOTION PICTURE SCREENS FROM BEING VISIBLE TO THE PUBLIC$ PROHIBITING MORE THAN ONE CITY COINCIL REGULAR RAIU', AUGUST' 19, 1986 MINUTES PAM 2 OF 9 CLASSIFICATION OF ADULT ENTERTAINMENT AT A SINGLE LOCATIONS PROHIBITING THE SALE OF ALCOHOL OR THE POSSESSION OF ALCOHOL IN CONCURRENCE WITH .THE EXHIBITION OF CERTAIN ANATOMICAL AREAS$ PROHIBITING EMPLOYEES PROM EXHIBITING SPECIFIED ANATOMICAL AREAS WHILE DISPENSING FOOD OR BEVERAGES; REQUIRING ADULT DANCING TO REPERFORMED ON A RAISED PLATFORM; PROHIBITING CONTACT BETWEEN ADULT DANCERS AND PATRONS$ PROHIBITING THE OPERATION OF. UNLICENSED PREMISES$ PROHIBITING EMPLOYEES FROM ENGAGING IN SPECIFIED. ACTIVITIES$. PROHIBITING THE ADMISSION OF MINORS TO ADULT ESTABLISHMENTSI PROHIBITING THE SALE OF ADULT MATERIAL TO MINORSI PROHIBITING THE - PERMISSION OF SUFFERANCE OF ILLEGAL ACTS OR VIOLATIONS OP THIS CODES REQUIRING. PERMITS FOR.ALL EMPLOYEES$ PROVIDING PROCEDURES FOR PERMIT APPLICATION, ISSUANCE, SUSPENSION, AND REVOCATIONI REQUIRING IMMEDIATE POSSESSION OF PERMITS BY ALL. EMPLOYEES OF ADULT ENTERTAINMENT ESTABLISHMENTSI PROVIDING AN APPEAL PROCESS FOR DENIAL, SUSPENSION OR REVOCATION OF PERMITS$ PROVIDING IMMUNITY FROM PROSECUTION; PROHIBITING THE SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN COMMERCIAL ESTABLISHMENTS THAT PERMIT. THE DISPLAY OF SPECIFIED ANATOMICAL AREAS$ PROHIBITING THE TOUCHING OP GENITALS OR 'PUBIC AREA OF EMPLOYEES OR PATRONS IN ADULT, ENTERTAIN14ENT ESTABLISHMENTS OR PLACES THAT SELL ORDISPENSE ALCOHOLS REQUIRING A FES FOR LOST PERMITS$ REQUIRING LICENSES OF COMMERCIAL ESTABLISHMENTS ADVERTISING ADULT ENTERTAINMENT; 114PUTING THE KNOWLEDGE OF. MANAGERS OR SUPERVISORS OF. ADULT ENTERTAINMENT ESTABLISHMENTS. PLACES, THAT SELL OR DISPENSE ALCOHOL, AND PLACES PERMITTING STRADDLE DANCING TO LICENSEES OR OWNERS; PROHIBITING STRADDLE DANCING AS' DEFINED HEREIN IN ANY COMMERCIAL ESTABLISHMENT$. PROVIDING PENALTIES FOR. VIOLATIONS OF THIS CODE$ PROVIDING FINOIRGS OF FACT; PROVIDING DEPINITIONSI PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH$ PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION- MR. NICHOLAS SECONDED NOTION. MR, NICHOLAS, POINTED. OUT THAT ADOPTION OF THS.PROPOSED ORDINANCE WAS BASED UPON THE COMMUNITY STANDARDS. REFERENDUM ITEMS -WHICH WERE ON THE BALLOT LAST ELECTION... VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE H0.18-86 WAS. ADOPTED ON SECOND READING..' ' ITEM 3. ORDINANCE NO. 19-86 AMENDING HONING REGULATIONS SECTION ESTABLISHMENTS SER IMG ALCOHOLIC BEVERAGES BY. R EAL NG R UIREMENT FOR NEW DICENSEB TO OBTAIN SPECIT-FUBL C I ' REARING) .MAYOR LEE READ THE TITLE OF TUB ORDINANCE AS FOLLOWS; AN ORDINANCE AMENDING THE ZONING RBOULATIONS OF THE CITY OF CAPE' CANAVERAL-. FLORIDA, BY CITY COUNCIL RBQIIAR MIG. Xr= 19, 1986 MINUTE!-, PAGE 3 OF 9 AMENDING SECTION 641.01. "ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES" BY REPEALING REQUIREMENT FOR NEW LICENSEE TO OBTAIN SPECIAL EXCEPTION IF PREVIOUSLY GRANTED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT .HEREWITH.; PROVIDING AN EFFECTIVE, DATE. MR. NICHOLAS MOVED FOR ADOPTION.' MR. PISCHETTI SECONDED MOTION. MAYOR LEE EXPLAINED THAT THIS A14ENDMENT WAS REQUIRED BECAUSE IT WAS YHE OPINION OF .THE CITY ATTORNEY THAT IT IS ILLEGAL TO REQUIRE NEW BUSINESSES TO SEEK ASPECIAL' EXCEPTION IF IT HAD PREVIOUSLY BEEN GRANTED. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE N0. 19-86 WAS ADOPTED. ORDINANCE N0.20-86 AMENDING ZONING REGULATIONS SECTION ITEM 4. 6 RE' RD NG ETBACK AREA l6ECOND READING ANP PUBLIC) MAYOR. LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN (ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA. BY CLARIFYING THELANGUAGE OF SLCTION 635,051 'REPEALING ALL. PORTIONS OF THE CODE IN CONFLICT HEREWITH;' PROVIDING AN EFFECTIVE. DATE. MR. 14ARCHETTI MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION,. MAYOR .LEE EXPLAIN ED'THAT THIS ORDINANCE WOULD NOT ALLOW TWO PEOPLE TO .BARE THE SIDE SETBACK. VOTE ON THE MOTION WAS UNANIMOUS.. ORDINANCE N0. 20-86 WAS ADOPTED, ITEM 5. CD ENBYCEEDU. 21-86 WENDISPECHAPESI N11 NG RBUILST CONSTR ION' SECOND 'READ NG AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS% AN ORDINANCE AMENDING CHAPTER 611, "BUILDIMO CODE-, BY REDUCING THE WIND SPEED DESIGN FOR COASTAL CONSTRUCTION TO 110 MILES PER HOUR$ ' REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NARCHETTI MOVED FOR ADOPTION.. NR. 'FI6CHETT2 SECONDED MOTION. MAYOR LEE EXPLAINED THAT ADOPTION OF THIS ORDINANCE .WOULD' REDUCE THE WIND LOAD FACTOR TO 110 MILES PER HOUR. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE N0. 21-86 WAS ADOPTED. NOTION REs CLAIM BY TITUSVILLE MOWING AND LANDSCAPING ITEM 6. CITY;1986 MII&.II'N G. AUGUST 19, PAGE 4 OF 9 MR. DON IIANDFIELD OF TI'TUSVILLE MOWING AND LANDSCAPING WAS IN ATTENDANCE ANDADDRESSED COUNCIL ON THE PROBLEM. HE EXPLAINED THAI' HIS COMPANY NEEDED TO RECOUP NOT ONLY THE $9,000.00 PREVIOUSLY MENTIONED BUT ALSO AN ADDITIONAL 83,800.00 WHICH THEY INCURRED. THE CITY ATTORNEY, REITERATED THAT. IT WAS HIS OPINION ALL .THREE PARTIES - TITUSVILLE MOWING, CEVESCO AND THECITY - WERE PARTIALLY NEGLIGENT. DISCUSSION FOLLOWED. MAYOR LEE NOTED THAT HE HAD 'SPOKEN WITH Mil. FIRKINS OF CEVESCO ON, THIS. MATTER AND MR. FIRKINS STATED HE WOULD NOT BE WILLING, TO JOIN THE CITY IN ANY TYPE OF SETTLEMENT. MR. HANDFIELD. WAS ASKED TO RETURN. TO THE NEXT WORKSHOP MEETING WITH A DOLLAR AMOUNT HE WOULD BE .WILLING TO SETTLE FOR. NEW BUSINESS ITEM 1.. ORDINANCE NO. 23-86 ESTABLISHING BALLOT_QUESTION REGARDING SPEC 61AD VALOREM TAX FOR BEAUTIFICATION PROJECT FIR T READING AND PUBLIC HEARING) MAYOR LEE READ THE TITLE OF THE ORDINANCE AS POLLOWSt. AN ORDINANCE SUBMITTING TO THE ELECTORS OP THE CITY OF CAPE CANAVERAL, FLORIDA, A REFERENDUM QUESTION REGARDING THE IMPOSITION OF A SPECIAL AD VALOREM TAX FOR. BEAUTIFICATION PROJECTSI, ESTABLISHING THE DATE FOR THE ; PROPOSED REFERENDUM QUESTIONI DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTIONI' REPEALING ALL, PORTIONS OF THE CODE. IN CONFLICT HEREWITH) PROVIDING AN. EFFECTIVE DATE. MR. NICHOLAS MOVED TO APPROVE FIRST READING.' MAYOR LEE SECONDED MOTION., IT WAS, POINTED OUT THAT IP THE AD VALOREM TAX WERE APPROVED BY THE VOTERS THE MONIES COULD BE USED ONLY FOR BEAUTIFICATION' PROJECTS.: VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO. 23-86.. APPROVED ' FIRST READING. ITEM 2. ORDINANCE NO. 24-66 ESTABLISH INGSTRAW BALLOT GESTION REGARDING �C�T NG ADDITIONAL FUNDS POR ADDITIONAL POLICE PATROLS MAYOR LEE READ. THE TITLE OP THE ORDINANCE AS FOLLOWS1 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL. FLORIDA. A STRAW BALLOT REFERENDUM QUESTION REGARDING ALLOCAT- ING ADDITIONAL` FUNDS FOR ADDITIONAL POLICE PATROLS)' ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; FLREPEALING HEREWITHI NGSP PROVIDINGAN THE CODE IINCONFLICT EFFECTIVE DATE, CITY COUNCIL RD3UAR NDC. AUGUST 19, 1986 MINtRFS PAGE 5 OF 9 MR. NICHOLAS MOVED FOR ADOPTION. MR. MARCHETTI SECONDED MOt:�c.. IT WAS EXPLAINED THAT THE COST OF AN ADDITIONAL DEPUTY IS APPROXIMATELY $30,000 PER YEAR.: MR. NICHOLAS AND MAYOR LEE POINTED OUT ,THAT IF THIS ITEM WERE APPROVED BY THE VOTERS, THEY WOULD NOT Vl;Ir: TO DEFICIT THE GENERAL FUND TO FINANCE IT.. VOTE ON THE MOTION WAS UNANIMOUS, ORDINANCE NO. 21-66 APPROVE:) FIRST READING.' ITEM 3. RESOLUTION NO. 86-52 AGREEMENT WITH BREVARD COUNTY ER OLICE ERV C S MAYOR LEE READ THE TITLE OF THE RESOLUTION ASFOLLOWSt A RESOLUTION AUTHORISING THE MAYOR AND THE CITY CLERK TOENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT TO PROVIDE MUNICIPAL POLICE. SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA$ PROVIDING AN EFFECTIVE DATE. MR. MARCHETTI' MOVED FOR. ADOPTION.. MR. KIDD SECONDED MOTION. INSPECTOR GEORGE WILSON OF, THE BREVARO COUNTY SHERIFF'S DEPARTMENT GAVE A PRESENTATION TO THE CITY COUNCIL REGARDING THE .PROPOSED CONTRACT. DISCUSSION FOLLOWED. IT WAS. POINTED OUT THATTHE CONTRACr AMOUNT WAS $530,000,' AND INCLUDED THE TWO ADDITIONAL DEPUTIES THAT WERE APPROVED BY THE CITY COUNCIL DURING THE CURRENT CONTRACT, YEAR. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 66-52 WAS ADOPTED. ITEM 1. .RESOLUTION NO. 66-53 AGREEMENT WITH JIM THERIAC FOR LEGAL SERVICES MAYOR LEE READ THE TITLE OF THE RESOLUTION AS POLLOW$t A RESOLUTION AUTHORIZING THE, CITY OF... CAPE CANAVERAL,. FLORIDA TO ENTER INTO AN AGREEMENT: WITH JAMES S. THERIAC III:TO PROVIDE. .LEGAL SERVICE TO THE CITY OFCAPE CANAVERAL, PLORIDAN, PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED FOR ADOPTION. MR. MARCHETTI SECONDED NOTION. VOTE ON THE MOTION WAS UNANIMOUS. THE CONTRACT WITH MR. THERIAC,. IN THE AMOUNT OF $36,000.00, WAS APPROVED. ITEM S. RESOLUTION N0. 86-51,UESTING THE CORPS OF ENGINEERS DEVELOP A SAdD 'TRANSFERREOFACILITY AT FURT CANAVERAL MAYOR LEE READ THE TITLE OF THE RESOLUTION AS POLLONS1 'A RESOLUTION REQUESTING THE UNITED STATES. AR14Y CORPS OF ENGINEERS DEVELOP A SAND TRANSFER FACILITY AT PORT CANAVERAL) PROVIDING AN EFFECTIVE DATE, MR. NICHOLAS MOVED FOR .ADOPTION,. MR. MARCHETTI SECONDED NOTION. MR. KIDD MOVED TO ADD THE FOLLOWING WHEREAS TO THE RESOLUTIONt CITY COUNCIL REGULAR MIG. AUGUST 19, 1986 l mm:s PAGE 6 OF 9 THE INSTALLATION OF A SAND TRANSFER FACILITY COULD SEN'J-: F�) tij'JCE THE FREQUENCY OF MAINTENANCE DREDGING WITH AN OVERALL SAVINGS C)F OWN MAINTENANCE FUNDS." MR. FISCHETTI SECONDED MOTION. VOTE ON 1'HE MOTION .WAS UNANIMOUS. VOTE ON THE 14AIN MOTION WAS UNANIMOUS. .RESOLUTION NO. 86-54, AS AM6'NDEDI WAS ADOPTED.' ITEM 6.RESOLUTION NO. 86-55 AGREEMENT WITH BREVARD COUNTY REGARDING MUNI IPAL ELECTION MAYOR LEE READ. THE, TITLE OF THE RESOLUTION AS FOLLOWS3 A RESOLUTION AUTHORISING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS TO CONDUCT THISTION MUNICIPAL ELECTION FOR THE CITY OF CAPE CANAVERALI, PROVIDING AN EFFECTIVE DATE MR.' MARCHETTI MOVED FOR ADOPTION, MR. KIDD SECONDED 'NOTION. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO. 86-55 WAS ADOPTEU. RESOLUTION N0. 86-56 RESCHEDULLING REGULAR CITY COUNCIL ITEM 7. M ETN OP OYEMBE TH NOVEMB R T MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLONSI COUNCILUMEETINGTION S OFEDULING NOVEMBERH4 REGULAR TO CITY NOVEMBER 6. 1986; PROVIDING AN EFFECTIVE DATE: MR. NICHOLAS MOVED FOR ADOPTION, MR. FISCHETTI SECONDED. MOTION. IT WAS EXPLAINED THAT THE MEETING WAS. RESCHEDULED BECAUSE. NOVEMBER 49'11 WAS ELECTION DAY: VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION NO- B6-56 WAS ADOPTED. MOTIONREt R UEST FOR PROPOSALS FOR ARCHITECTURAL ITEM B. DES GN R LIBRARY BUILDING MR. NICHOLAS MOVED TO ADVERTISES FOR BIDS FOR THE. RSOUEST FOR PROPOSALS FOR ARCHITECTURAL DESIGN FOR THE LIBRARY' BUILDING. MR. FISCHETTI SECONDED MOTION, VOTE ON THE MOTION WAS UNANIMOUS. ITEM 9. MOTION REt CHRISTMAS HOLIDAYS MAYOR LEE MOVED THAT THE CITY OBSERVE DECEMBER 25 AND 26 AS THE CHRISTMAS HOLIDAYS. MR. MARCHETTI SECONDED :MOTION. NOTION CARRIED UNANIMOUSLY - CITY COUNCIL R03U AR MIG. AUGU= 19, 1986 MINUTES PAGE 7'OF,9 SSIOh MR. HUGH SNYDER OF OCEAN BLUFF CONDOMINUMS ADDRESSED COUNCIL A'l' 1--H[3 TIME AND REQUESTED A SIX TO EIGHT MONTH DELAY IN PAYING THEIR SE4ER IMPACT FEES. 'DISCUSSION FOLLOWED. .CITY- .ATTORNEY THERIAC RECOMMENDED THAT. COUNCIL EITHER CHANGE THE PRESENT ORDINANCE OR UPHOLD 'PHE ORDINANCE AS WRITTEN,. WHICH CALLS FOR THE .I14PACT FEES TO BE PAID XHEN THE BUILDING PERMIT. IS PULLED. MR, DICK BERRY THEN ASKED THE COUNCIL IF THEY WOULD ACCEPT AN IRREVOCABLE LETTER OF CREDIT FROM A BANK IN LIEU OF CASH PAYMENT. MAYOR LEE NOTED THAT HE WOULD REQUIRE INTEREST BE PAID ON THE AMOUNT. MR. eISCHETTI EXPLAINED THAT HE'. WAS NOT IN FAVOR OF ALLOWING THIS BE,:AUSF. IT WOULD SET A.PRECEDENCE. MR,.THERIAC STATED HE WOULD HAVE NO OBJECTION TO THIS. MAYOR LEE ASKED IF ANYONE WISHED TO MOVE TO ADD AN ITEM TO THE AGENDA, REGARDING THIS ISSUE. NO ONE SO MOVED. AND THE DISCUSSION ENI) EDa ATTORNEY. JOE SCOTT, REPRESENTING LEON NEWMAN AND PRANK NOGG IN THEIR PROJECT, BEACH PARK VILLAGE, ADDRESSED COUNCIL ANP ASKED FOR A PARTIAL LIEN RELEASE FOR THE CHANDLER STREET ASSESSMENT. HE EXPLAINED THAT 14 UNITS WERE BUILT BUT THE DEVELOPERS COULD NOT CLOSE ON THEM BECAUSE OF THE .LIEN. HE FURTHER NOTED THAT THE 14 LOTS IN QUESTION WERE NOT CONTIGUOUS WITH CHANDLER STREET. IT WAS POINTED OUT THAT THE FIRST PAYMENT ON THE ASSESSMENT WAS NOT YET. DUE. DISCUSSION FOLLOWED. MR. KIDD MOVED TO ADO. THE FOLLOWING ITEM TO THE AGENDA, MAYOR LEE SECONDED MOTION. VOTE ON THE NOTION WAS ASFOLLOWSI IN FAVOR, MR. FISCHETTI, MR. KIDD, MAYOR. LEE AND,MR. MARCHETTIi_ OPPOSED, MR. NICHOLAS. MOTION CARRIED, ADD—ON ITEM MOTION TO RELEASE 14 PARCELS FROM THE CHANDLER STRE CONS R CT ON L EN 'POR BEACH PARK VLLAGE MR. KIDD $O MOVED. MAYOR LEE SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS$ IN FAVOR, MR. FISCHETTI, MR. .KIDD, MAYOR LEE AND MR.. MARCHETTII OPPOSED, MR. NICHOLAS. MOTION CARRIED, MAYOR LEE NOTIED HE WOULD BE OUT—OF—TOWN SEPTEMBER 13TH THROUGH 25TH. HE ASKED FOR A VOLUNTEER TO ATTEND A SEMINAR FOR HIM ON SEPTEMBER 20TH.. IT WAS POINTED OUT THAT THE FLORIDA LEAGUE OF CITIES CONVENTION WOULD BE IN SESSION ON THAT DATE. . CITY COUNCIL RD3,8i+R FBG. AUGUST 19, 1986 M114V"S PACE 8 OF 9 THERE 'BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED Al' 9115 P.M.