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HomeMy WebLinkAboutMinutes 10-07-1986CITY COUNCIL REGULAR MEETING OCTOBER 7, 1986 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WAS HELD, ON OCTOBER 7, 1986, AT CITY. HALL, 105 POLK AVENUE, CAPE, CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 700 P.M. BY MAYOR 'LEE. INV ­ CATION WAS LED BY COUNCILKAN'MARCHETTI, WHICH WAS FOLLOWED, BY THE PLEDGE OF ALLEGIANCE. THE ROLL WAS CALLED BY THE CITY. CLERK. OFFICIALS PRESENT WERE MAYOR PATRICK LEE,,. COUNCIL MEMBERS JERRY FISCHETTI, JEFF KIDD, MIKE MARCHETTI AND LEO NICHOLAS., ALSO. PRESENT WERE CITY MANAGER FRED NUT'r, CI'PY ATTORNEY JIM THERIAC AND CITY CLERK JAN LOESER. MR. FISCHETTI ASKED THAT THE FOLLOWING CORRECTIONS BE MADE TO THS: MINUTESt THAT ITEM.6 BE REFLECTED TO SHOW MR. 14ARCHETTI AS SECONDINj THE MOTION} THAT .THE WORD " IIS" IN THE LAST PARAGRAPH ON PAGE 5 BE CHANGED TO *THEIR".- MR..MARCHerri MOVED TO FOREGO THE READING OF THt: MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16, 1986, AND APPROVE AS CORRECTED. MR. FISCHETTI SECONDED MOTION. VOTE ON THE MOTION WAS UNANIMOUS. AT THIS TIME MAYOR LEE PRESENTED THE "VOLUNTEER OF THE MONTH AWARD" TO MR. BILL MORRISON FOR HIS SERVICE. ON THE RECREATION BOARD, PUBLIC HEAPING ITEM 1. MOTION REs ACCEPTING LOCAL PLANNING AGENCY'S PROPOSED 'AMENONENTS TOC PAEHENSIVE PLAN INCLUDING CHANGES IN BE, A D FORWARD TO APPROPRIATE REVIEWING AGENCIES MR. NICHOLAS SO MOVED. MR.'FISCHETTI SECONDEDMOTION. MR. LAMAR RUSSELL, CHAIRMAN OF THE LOCAL PLANNING AGENCY, RECAPPED THE PROPOSED ' CHANGES TO THE LAND USE MAP, AS FOLLOWSe CHARGE1. IDEN— TIAL PARCEL754 AND AC ORTIONAOFTPARCELU750. SECTIONM DENSITY is. TOWNSHIP 24 SOUTH, RANGE 37 EAST (LOCATED WEST' OF GATEWAY TO .THE STARS MOTEL).. 2. CHANGE FROM MEDIUM DENSITY RESIDENTIAL TO CONKER- CIAL THE SPATE OF FLORIDA INTERNAL IMPROVEKENT FUND PROPERTY AND A PORTION OF PARCEL 2, SECTION 15, TOWNSHIP 24 SOUTH,. RANGE 37 EAST (LOCATED WEST OF STATE ROAD ALA IN THE .NORTH 'ERN SECTION OF THE CITY. 3. CHANGE FROM LIGHT INDUSTRIAL TO COMMERCIAL 500 FOOT STRIP OF STATE ROAD AIA IN THE NORTHERN PART OF THE CITY, INCLUDING. THE STATE OF FLORIDA INTERNAL IKPROVENEUT FUND PROPERTY, A PORTION OF PARCEL 2,.A PORTION OF PARCEL CITY COUNCIL REGULAR MINUTES OCTOBER 7, 1986 PAGE 1 OF 6 PAGES 750 AND A PORT1014 OF PARCEL 756, SECTION 15, TOWNSHIP 24 SOUTH,, RANGE 37 EAST. .OIUMNTIAL TY HT INDUSTRIALHANGE PARCELSa258o 259,D2601 AND R261 ESECTION014.GTOWN- SHIP 24 SOUTH, RANGE 37 EAST (PROPERTY OWNED BY RINKER MATE- RIALSLOCATED IN THE NORTHERN END OF THE CITY, NEAR GEORGE KING BOULEVARD). S. CHANGE FROM LIGHT INDUSTRIAL TO COMMERCIAL THE NORTHERN 500 FEET OF PARCEL IN 15, SECTION THE 14, TOWNSHIP ION24 THE SOUTH, RANGE 37 EAST (LOCATED CITY IMMEDIATELY EAST OF BELCHER.OIL COMPANY),'-. MR. RUSSELL NOTED THAT COUNCIL MEMBERS HAD PREVIOUSLY REVIEWED THE AMENDMENTS TO THE VARIOUS ELEMENTS OF THE PLAN AT THE JOINT WORK - MEETING. - DISCUSSION FOLLOWED. MAYOR LEE REQUESTED THE RECORD REFLECT THAT rHE PROPOSED CHANGE FROM LIGHT INDUSTRIAL TO, COMMERCIAL (45 ABOVE) Wil" NOT BEING CONSIDERED TO PRECLUDE 'ADULT ENTERTAINMENT. IN THAT AREA. VOTE ON THE MOTION WAS UNANIMOUS. CITY MANAGER, MR. NUTT, NXPLAINED THAT THE PLAN WOULO HAVE TO BB SE14T..TO THE STATE OF FLORIDA t)EPARTMENP OF COMMUNITY AFFAIRS (DCA).FOR REVIEW. DCA HAS 45 DAYS TO RESPOND, AFTER WHICH TIME THE CITY COUNCIL WILL NEED TO HOLD ADDITONAL PUBLIC HEARINGS PRIOR TO ADOPTION OF THE CHANGES. THE COUNCIL WILL THEN NEED TO FORMALLY REZONE TO. CONFORM WITH THE LAND USE MAP - UNFINISHED BUSINES6 ITEM 1', ORDINAW$Y EBT BL BN N ENDING A STR CTZONING O- REGULATI ENGHTECF FENCES WALLS AND dEDGES INCOMMEACIAL AND INDUSTRIAL .ZONES SECOND READING AND PUB IC BEARING MAYOR, LEE READ THE TITLE OF THE ORDINANCE AS'POLLOWSt AN ORDINANCE AMENDING THE ZONING REGULATIONS OP THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTSH ING RESTRICTIONS ON THE HEIGHT. OF FENCES, WALLS :AND HEDGES IN CON14ERCIAL .AND INDUSTRIAL ZOMESi' REPEALING ALL PORTIONS OF THE CODE IH CONFLICT .HEREWITH$ PROVIDING AN EFFECTIVE DATE. MR. FISCHETTI MOVED POR ADOPTION. MR. .MARCHETTI.'. SECONDED MOTION. MAYOR LEE EXPLAINED THAT ADOPTION OF THIS ORDINANCE WOULD REGULATE THE HEIGHT OF FENCES IN COMMERCIAL AND INDUSTRIAL ZONES. VOTE ON THE MOTION WAS UNANIMOUS. ORDINANCE NO.. 26-8.6 WAS ADOPTED. ITEM 2. NOTION REt CLAIM BY TITUSVILLE MOWING AND LANDSCAPING MAYOR LEE EXPLAINED TOAT HE HAD RECEIVED. NO RESPONSE FROM SHUFORD MILLS REGARDINGJOINING THE CITY IN A SETTLEMENT WITH TITUSVILLE MOW - CITY COUNCIL REGULAR MINUTES OCTOBER 7, 1986. PAGE 2 OF '6 PAGES !N:; AND LANDSCAPING. HE FURTHER NOTED THAT HE FELT THEY SHOULD .1DIN 'CHB CITY IN .ANY SETTLEMENT. MR. KIDD SUGGESTED THE CITY SETTLE. THC t'LAIM FOR $5,000. DEBBIE STUART OF TITUSVILLE MOWING AND LANDSCAPING WAS IN ATTENDANCE AND INDICATED THEY WOULD SETTLE FOR THAT AMOUNT. DISCUSSION FOLLOWED. MR. KIDD MOVED TO OFFER TITUSVILLE MOWING AND LANDSCAPING $5,000 'PO SETTLE THE CLAIM. MR, NICHOLAS SECONDED MOTION., VOTEON THE MO- TION WAS AS FOLLOWS$ IN FAVOR, MR. FISCHETTI, MR. KIDD, MR. MARCHE'P'PI AND MR. NICHOLASI-OPPOSED, MAYOR LEE.' MOTION' CARRIED:. CITY ATTORNEY PHEHIAC WAS INSTRUCTED TO DRAW UP A RELEASE FOR THE COMPANY TO SIGN, PRIOR TO THE CLA114 BEING PAID. NEW BUSINESS ITEM 1. ALLOWANGICE CBRTA37~66 BUSAMENDING ZONING REGULATIONSNE BY SPECIAL E%CEPTION FIRST. READING ANP PUBLIC HEARING MAYOR 'LEE READ THE TITLE OF THE ORDINANCE AS FOLLOWS$ AN ORDINANCE AMENDING THE ION ING REGULATIONS OF THE CITY OF, CAPE CANAVERAL,.. FLORIDA, AMENDING SECTION 637 53, "C -I, PROHIBITED USES AND STRUCTURES" AND SECTION 637.51, "C-1, SPECIAL. EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENTi ,REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITHI PROVIDING AN EFFECTIVE DATE. MR. MARCHETTI IAOVED TO APPROVE FIRST READING. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 66-65 REAPPOINTMENT OF BOARD OF ADJUS ENT EMBER MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWSI A RESOLUTION REAPPOINTING REGULAR MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA. PROVIDING AN EFFECTIVE DATE. MR. FISCHETTII MOVED FOR ADOPTION. MR.. KIDD' SECONDED. MOTION. CITY CLERK, JAN LESSER, EIPLAINED THAT ALL OF THE REAPPOINTMENTS THAT WERE ON THE AGENDA HAD SEEN RECOMMENDED,BY THE BOARDS, VOTE ON THE MOTION WAS UNANIMOOS. MS. MARILYN RIGEKlUIM,,. MR. ROBERT LAWS AND MRS.. NELLY CARDINALE WERE REAPPOINTED TO THE BOARD OF ADJUSTMENT AS REGULAR MEMBERS. RESOLUTION NO. 86-66 REAPPOINTMENT OP CODE ENFORCEMENT ITEM 3. BOARD NEMB S. MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS$ A RESOLUTION REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARDS PROVIDING AN EFFECTIVE DATE. CITY COUNCIL REGULAR MINUTES OCTOBEN 7, 1986 PAGE 3 OF 6 PAGES MR. NICHOLAS MOVED FOR ADOPTION. MR. KIDD SECONDED MOTION. MO'PION CARRIED UNANIMOUSLY. MR. BOB HOOG'AMD MR. DON ARABIAN WERE REAPPOINTED TO THE CODE ENFORCEMENT BOARD. AS REGULAR MEMBERS. ITEM 4.RESOLUTION NO. 86-67 REAPPOINTMENT OF LIBRARY BOARD MEMBER MAYOR LEE READ THE TITLE OF THE RESOLUTION AS FOLLOWS$ A RESOLUTION REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PRO- VIDING AN EFFECTIVE DATE, MR. FISCHETTI MOVED FOR ADOPTION MR. MARCHETTI SECONDED MOTION. M7PiON CARRIED UNANIMOUSLY., MR. JOHN GRADY, MR, EUGENE STANBROUGH AN'.) MS. ERNESTINE BUTTE WERE REAPPOINTED TO THE LIBRARY BOARD AS REGULAR MEMBERS. ITEM S. RESOLUTION NO. 86-69 REAPPOINTMENT OF RECREATION BOARD MEMBER MAYOR LEH READ THE TITLE OF THE RESOLUTION AS FOLLOWS$ A RESOLUTION REAPPOINTING REGULAR L MEMBERS TO THE RECREATION BOARD$ PROVIDING AN EFFECTIVE DATE. MR. KIDD MOVED FOR ADOPTION, MR, FISCHETTI SECONDED MOTION. moTION CARRIED UNANIMOUSLY, MR. BILL MORRISON AND MR. COLIN FINNIGAN WERE REAPPOINTED TO THE RECREATION, BOARD AS REGULAR MEMBERS ITEM 6. OTHER MUNICNPA IT ES PAGREEMENT ALY SI'H LOM BMITTA ARD OP COUNTY AND HRE- HENS I�VE PLAN MAYOR LEE READ THE TITLE OF THE RESOLUTION AS POLLOWS$ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR EARLY SUBMISSION OF THE COMPREHENSIVE PLANI PROVIDING ALTERNATIVE DATES FOR EARLY SUBMISSION;:PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR, MARCHETTI SECONDED MOTION. MR. NUTT NOTED THAT MR. BOB SCHERNIGOF THE COUNTY PLANNING. DIVISION EXPLAINED. THE ADVANTAGES OF EARLY SUBMITTAL, I.E. ADDITIONAL FUNDS AND QUICKER IMPLEMENTATION. HE FURTHER NOTED THAT ALL BREVARD COUNTY MUNI- CIPALITIES MUST AGREE TO THE EARLY SUBMISSION. VOTE ON THE MOTION WAS UNANIMOUS. RESOLUTION No. 86-70 WAS ADOPTED. CITY COUNCIL REGULAR MINUTES OCTOBER 7. 1986 PAGE'S OF 6 PAGES ITEM 7. MOTION REt APPOINTING COMMITTEE TO REVIEW PROPOSALS I''i- ARCHITECTURAL DESIGN OF LIBRARY BUILDING MR. NUTT RECOMMENDED THAT ACOMMITTEE BE APPOINTED TO REVIEW TIi1: PROPOSALS FOR ARCHITECTURAL DESIGN OF THE LIBRARY BUILDING. HE FURTHER NOTED THAT THE COMMITTEE WOULD RANK THE ARCHITECTECTURAL FIRMS AND MADE A RECOMMENDATION TO THE CITY COUNCIL. DISCUSSION FOLLOWED. MR. MARCHETTI, MOVED TO APPOINT THE FOLLOWING COMMITTEEt COUNCIL, MEMBER, LEO NICHOLAS( LIBRARY BOARD MEMBER, GENE STANBROUGHJ LIBRARI ; $ IRENE SANDERS, OR HER DESIGNEECITY MANAGER, FRED NUTT; AND BUtLOI.I:; OFFICIAL, ARTIS GUNN. MR. KIDD SECONDED THE NOTION. 'MOTION CARRIF.` UNANIMOUSLY. ITEM 8. MOTION REt ADOPTING NEW SHUFFLEBOARD COURT FEES MR, KIDD MOVED TO'ADOPT THE FOLLOWING SHUFFLEBOARD COURT FEESt RESIDENT NON-RESIDENT NON -PRIME TIME $ .50 HOUR. S 1.00 HOUR '(8, A.M. - 5 P.M., MOH-FRI) PRIME TIME 1.00 HOUR 1.50 HOUR (5 P.M. 9 P.M., MON-PRI; ALL DAY SAT,SUN, HOLIDAYS) UNLIMITED PLAY CARD .15.00 YEAR 18.00 YEAR MR. NICHOLAS SECONDED. NOTION. DISCUSSION.FOLLOWEO. VOTE ON THE MOTION WAS. UNANIMOUS. IT WAS POINTED OUT THAT THE NEW RATES WOULD GO INTOEFFECT NOVEMBER I, 1986. ITEM 9. MOTION REt AMENDMENT TO PERSONNEL POLICY MR. NICHOLAS MOVED TO AMEND THE PERSONNEL POLICY BY REPLACING SECTION 12.3(b) WITH THE FOLLOWINGt EMPLOYEES WHO ARE REQUIRED TO WORK ON THE .OBSERVED HOLIDAY SHALL RECEIVE PAY AT THE OVERTIME RATE (1-1/2. TIMES) IN ADDITION TO PAY. FOR THE HOLIDAY. EMPLOYEES NAY 8E GRANTED EQUAL TIME OFF ON ANOTHER DAY, IF MUTUALLY AGREEABLE TO THE EMPLOYEE AND. THE DEPARTMENT READ AND APPROVED BY THE CITY MANAGER." MR. KIDD SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. ITEM 10. bISCOSSION Rfit 14 -FOOT BOFFERZONE BETWEEN HARBOR HEIGHTS AND VILLAGES OP SEAPORT MAYOR LEE STATED THAT HE HAI) A CONFLICT OF INTEREST ON THIS ITEM BECAUSE HE OWNS PROPERTY ,THAT ABUTS THE SUPPER LONE. IT WAS EXPLAINED THAT VILLAGES OF SEAPORT HAD INDICATED THEY WOULD BE WILLING TO DEED THE 14 -FOOT BUFFER LONE TO THE CITY, WITH THE CITY COUNCIL REGULAR MINUTES OCTOBER 7. 1986 PAGE 5 OF 6 PAGES i`a'ENT WN THAT THE CITY DEED IT OVER TO In HARBOR HEIGHTS PROPEi+I! OWNERS. MR. THERIAC NOTED IT WOULD BE ADVANTAGEOUS TO HAVE VILLAGES OF SEAPORT DEED THE BUFF ERZONE DIRECTLY TO THE PROPERTY OWNERS. MAYOR LEE EXPLAINED THAT VILLAGES OF SEAPORT INDICATED.. THEY WOULD NOT DO THIS BECAUSE. OF THE EXPENSE INVOLVED.. DISCUSSION FOLLOWED. MR. KIDD MOVED TO CONTACT THE PROPERTY OWNERS TO SBE IF THEY WOULD Be WILLING TO ACCEPT THE II-POOT BUFFER ZONE, MR. FISCHETTI o SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS;, IN FAVOR, MR. TISCHETTI, MR. KIDD, MR. MARCHETTI AND MR. NICHOLAS. MAYOR LEE ABSTAINED FROM .DISCUSSION MR. KIDD REQUESTED THAT AN ITEM BE PLACSD'ON THE NEXT WORKSHOP AGENDA REGARDING THE SILVER ANNIVERSARY COMMITTEE. MAYOR LEE REQUESTED AN ITEM BE PLACEDON -THE NEXT.. WORKSHOP AGENDA REGARDING .FIRE INSPECTIONS, MR. THERIAC NOTED HE HAD RECEIVED A LETTER FROM ATTORNEY DAN ENNIS REGARDING THE LAWSUIT FILED AGAINST THE CAPE CANAVERAL VOLUN'rtKl TIRE DEPARTMENT REGARDING THE SCANDANAVIAN SEA FIRE. MR. THERIAC Wli.i. CONTACT MR. ENNISAND REPORT BACK TOCOUNCIL .ON THE EXTENT OF THE CITY'S LIABILITY. ALICIA BRITTAIN, OF THE. BEAUTIFICATION BOARD, REQUESTED THAT THEIR. BOARD BE REPRESENTED ON THE COMMITTEE TO SELECT THE ARCHITEC- TURAL FIRM .FOR DESIGN OF THE LIBRARY. MAYOR GEE EXPLAINED THAT IT WOULD BE PREMATURE TOHAVE THE BEAUTIFICATION BOARD REPRESENTED ON THIS COMMITTEE. ' THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 8=27 P.M. APPROVED THIS 21st ' DAY OF -tclb- , /1966' Mayor ATTEST; �cl�c CITY COUNCIL REGULAR MINUTES OCTOBER 7. 1966 PAGE 6 OF 6 PAGES