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HomeMy WebLinkAboutMinutes 02-01-1983CITY COUNCIL REGULAR MEETING FEORUARY 1, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,' FLORIDA WAS HELD ON FEBRUARY 1, 1983 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR NAYNE RUTHERFORD AT 7:30PM. INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR ,RUTHERFORD. TILE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE MAYOR W. RUTH::RFORD, COUNCIL MEMBERS L. HARRIS, L. NICHOLAS AND J. 192NCHESTER.. MRS. CALVERT WAS ABSENT DUE TO ILLNESS. MRS. IIARRIS MOVED TO WAIVE THE READING OF THE MINUTES OF JANUARY 18, 1983. MR. WINCIIESTER SECONDED MOTION. MOTION CARRIED UNANINOUSLY.' UNFINISHED BUSINESS ITEM 1. '20NINGN REGULAT IOC8153 CODERCHAPTERG 63041AND.IESTAIIE LISIIING COMPREIIENSIVE ZONING REGULATIONS CODE CHAPTER. 631 (SECOND READSNG AND PUDL G1 APPROXIMATELY THIRTY CITIZENS WERE IN ATTENDANCE REGARDING THIS SECOND PUBLIC HEARING. SEVERAL COPIES OF THE PROPOSED ZONING ORDINANCE, AS AMENDED ON FIRST READING, WERE AVAILABLE FOR THEIR REFERENCE. THE CURRENT ZONING MAP AND THE PROPOSED. ZONING MAP WERE ALSO ON EXHIBIT. MAYOR RUTHERFORD EXPLAINED THAT ORDINANCE NO. 2-83 REPEALED THE COMPREIIENSIVE ZONING REGULATIONS CODE CHAPTER 630, AND ESTABLISHED COMPREHENSIVE ZONING REGULATIONS CODE CHAPTER 631. AT THIS TIME MAYOR RUTHERFORD READ A LETTER FROM JACK MOLINE 1-1111CII, REQUESTED THAT COUNCIL INCLUDE A PROVISION FOR HOTELS AND MOTELS ON THE OCEAN BY PERMITTED USE OR SPECIAL EXCEPTION. MR. NICHOLAS MOVED TO ADOPT ORDINANCE NO. 2-83 ON SECOND READING. MRS.. IIARRIS SECONDED MOTION. CITY COUNCIL 983UTES FEBRUARY 1, 1 PAGE 1.OF 5 ATTORNEY LEONARD SPIELVOGEL, REPRESENTING THE APPLEGATES, REQUESTED THAT THE COUNCIL, CONSIDER MOVING, THE PROPOSED C-1 BOUNDARY LINE (LOCATED :TEST OF. 401 AND NORTH OF WEST CENTRAL ON THE PROPOSED MAP)NORTHWARD TO INCLUDE THE EXISTING TRAILER PARK (SOUTHGATE) AND ALSO THE PROPERTY UrTDIATELY NORTH OF THE PPM WHICH WAS RECENTLY ACQUIRED FROM BELCHER OIL BY THE APPLEGATES. IT WAS .NOTED THAT AT. THE THURSDAY WORKSHOP GROUP OF. CITIZENS CONCERNED WITH THE ZONING IN THE SAME AREA HAD REQUESTED THAT COUNCIL CONSIDER MOVING THE C-1 LINE NORTHWARD TO THE 'SOUTH BORDER OF THE TRAILER PARK. (SOUTHGATE TRAILER PARK) MR. NICHOLAS QUESTIONED WHETHER OR NOT ,THE CITY. WOULD BE IN CONFORMANCE WITH THE PLAN IF A CHANGE WAS MADE FROM R-2 TO C-1. CHAIRMAN RUSSELL OF THE PLANNING AND ZONING ,BOARD/LOCAL PLANNING AGENCY WAS PRESENT AND ADDRESSED COUNCIL ON THAT POINT. MR. RUSSELL POINTED OUT THAT THE PLAN RECOMMENDED THAT THE CITY PROVIDE MORE AREAS. FOR RESIDENTIAL. USE SINCE .THERE WAS SUFFICIENT C-1, THEREFORE,THEY HAD PROPOSED CHANGING THE AREA UNDER DIS- CUSSION TO R-2. HOWEVER, MR. RUSSELL INFORMED COUNCIL THAT THE PLANNING AND ZONING BOARD HAD KEPT THEIR MANDATE TO PROVIDE FOR ADDITIONAL RESIDENTIAL USE BY RECOMMENDING THE T-1 AREA BE CHANGED TO RESIDENTIAL USE. MR. RUSSELL ALSO RECOMMENDED COUNCIL CONSIDER CHANGING THE AMENDMENT MADE AT THE LAST PUBLIC' HEARING. HE PROPOSED ALLOWING R-2 USAGE. IN C-1 BE PERMISSABLE BY. SPECIAL EXCEPTION. DISCUSSION FOLLOWED AS, TO HOW FAR NORTH THE C-1 LINE SHOULD BE MOVED ON THE PROPOSED ZONING MAP. 'MR. NICHOLAS MOVED TO AMEND THE ZONING MAP BY THE C-1 LINE BEING EXTENDED NORTHWARD FROM: ITS PRESENT LOCATION TO A POINT 440 FEET NORTH OF TUE NORTH PROPERTY LIMIT OF.SOUTHGATE TRAILER PARK AND EXTEND FROM THE ROAD RIGHT-OF-WAY LINE ON OLD 401 TO THE SECTION LINE,. AND THAT THE AREA 'NORTH OF THAT BE ZONED R-2 AND CITY COUNCIL MINUTES 'FEBRUARY 1, 1983 PAGE 2 OF 5 THE AREA ACROSS THE STREET REMAIN R-2 SO THAT M71 AND R71 ARE SEPARATED BY AN R-2 ZONE. MAYOR RUTHERFORD SECONDED THE MOTION. DISCUSSION FOLLOWED ON THE ZONING OF THE PIE SHAPED PIECES OF PROPERTY EAST OF STATE ROAD 401. 'ATTORNEY SCOTT RECOMMENDED TO COUNCIL THAT THE ORDINANCE BE RE -ADVERTISED IF THE ZONING MAP IS AMENDED. VOTE ON THE MOTION ON THE FLOOR TO AMEND THE PROPOSED ZONING MAP CARRIED UNANIMOUSLY. MR. NICHOLAS MOVED TO FURTHER AMEND AS FOLLOWS: SECTION "N" UNDER ALLOWED USAGES IN C-1 ON PAGE 28 BE DELETED AND, THAT THE SAME PARAGRAPH BE INSERTED AS PARAGRAPH "L" ON PAGE 31 UNDER SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT. I -IRS. HARRIS SECONDED. MOTION., MR. ARTHUR BYRNES, A CITIZEN IN THE AUDIENCE, POINTED OUT THAT SOME OF THE CITIZENS ATTENDING THE FIRST PUBLIC HEARING t-1110 HAD ENCOURAGED ALLOWING MULTI -FAMILY USE INC -1 WOULD NOT BE AWARE OF THIS CHANGE. ATTORNEY SCOTT POINTED OUT THAT A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW RESIDENTIAL USE INC -1 BROUGHT BEFORE THE BOARD OF ADJUSTMENT COULD NOT BE TURNED DOWN AS LONG AS THE APPLICANT COMPLIED WITH ALL OF THE CITY'S ZONING REGULATIONS. FURTHER DISCUSSION FOLLOWED ON THE AMENDMENT., IT WAS POINTED OUT THAT AN ADDITIONAL PUBLIC HEARING AND ADVERTISING WOULD BE REQUIRED PRIOR TO ADOPTION OF THE ORDINANCE AND INTERESTED PARTIES WOULD HAVE A CHANCE TO BE HEARD ONCE AGAIN. VOTE ON THE AMENDMENT ON THE FLOOR WAS AS FOLLOWS: IN FAVOR: L. HARRIS, L. NICHOLAS AND MAYOR, RUTHERFORD. OPPOSED: J. WINCHESTER. MOTION CARRIED. AT THIS. TIME JEFF KIDD, .RESIDENT. OF LONG POINT ROAD, SPOKE AND ,VOICED HIS OBJECTION REGARDING THE FACT THAT COUNCIL HAD BEEN REQUESTED TO CHANGE THE LONGPOINT ROAD AREA TO R-1 IN 1981 AND THE ZONING CHANGE HAD NOT YET BEEN ACCOMPLISHED. AS. A RESULT, A BUILDING PERMIT HAD BEEN ISSUED TO CONSTRUCT A QUADRAPLEX. DISCUSSION FOLLOWED Ott T:IIS SUBJECT. IT WAS. POINTED OUT THAT, THE PROPOSED ZONING I4AP WOULD MAKE THE DISTRICT CHi.NGE It: THIN AREA. CITY COUNCIL MINUTES FEBRUARY 1, 1983 PAGE 3 OF 5 MR. NICHOLAS MOVED TO POSTPONE SECOND AND FINAL READING OF THIS ORDINANCE UNTIL THE NEXT REGULAR MEETING OF THE CITY .COUNCIL. MAYOR RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS NOTED THAT THIS NEXT MEETING WOULD DE ON FEBRUARY 15, 1983. NEW .BUSINESS ITEM 1. RESOLUTION N0. 83-5'.RE: FLECKINGER CONTRACT - ONE-YEAR RENEWAL OPTION MAYOR RUTHERFORD READ THE TITLE. OF THE RESOLUTION IN FULL AS FOLLOWS: A'RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF TIE CITY OF CAPE CANAVERAL, FLORIDA, TO EXECUTE A GARBAGE AND RUBBISH COLLECTION OPTION AGREEMENT WITH FLECKINGER REFUSE, INC.; '.'IICVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. MR. FLECKINGER WAS IN ATTENDANCE AND COUNCIL COMMENDED HIM ON THE EXCELLENT SERVICE ITIS COMPANY HAS PROVIDED DURING THE LAST FIVE .YEARS - MOTION CARRIED UNANIMOUSLY ITEM 2. RESOLUTION N0. 83-6 RE: RENEWAL OF AGREEMENT FOR RENTAL OF LIBRARY BUILDING MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION IN FULL AS FOLLOWS:, A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN OPTION TO THE LEASE CONTRACT G9ITI1 CANAVERAL BEACH GARDEN APARTMENT, INC.,' FOR THE LEASE SPACE FOR THE CAPE CANAVERAL PUBLIC LIBRARY; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. MOTION RE: BUDGET TRANSFERS MAYOR RUTHERFORD READ THE LIST OF BUDGET TRANSFERS AS FOLLOWS: $400.00 FROM GROUPINSURANCE, ACCOUNT 4001-524-23 TO MOTOR FUEL 6 LUBRICANTS, ACCOUNT 8001-524-523 TO INCREASE FUEL ACCOUNT FOR THE BUILDING DEPARTMENT. $500.00 FROM FURNITURE 6 EQUIPMENT, ACCOUNT 4401-525-64 TO PIIYSICALS, ACCOUNT 8401-525-314. $300.00 FROM GROUNDS S BUILDING MAINTENANCE, ACCOUNT ?001-572-461 TO PHYSICALS,. ACCOUNT, #001-572-314, DUE TO THE HIGH COST OF PHYSICALS AND THE ADDITION OF NEN EMPLOYEES.. CITY COUNCIL MINUTES FEBRUARY, 1, 1983 PAGE 4 OF 5. MAYOR RUTHERFORD MOVED TO APPROVE THE BUDGET TRANSFERS. MRS.. HARRIS SECONDED MOTION.. MOTION .CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: AWARD OF SEWER PLANT ROOFING DID IT WAS NOTED THAT THE CITY HAD RECEIVED ONE BID IN ANSWER TO ADVERTISEMENT FOR THE POLLUTION CONTROL FACILITY ROOF REPAIR. MR. NICHOLAS MOVED TO ACCEPT THE BID OF H & C CONTRACTING, INC. IN THE AMOUNT OF $1,895.00 TO RE-ROOF THE AREA OF THE WASTEWATER TREATMENT PLANT.MAYOR RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: PERh'I SSION FOR CITY CLERK AND DEPUTY TREASURER TO ATTEND ANNUAL CONFERENCE. MAYOR RUTHERFORD MOVED TO AUTHORIZE THE CITY CLERK AND DEPUTY TREASURER TO ATTEND THE ANNUAL CONFERENCE. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.. DISCUSSION COUNCILWOMAN' HARRIS SUGGESTED THAT THE SUBJECT OF FLAGS IN FRONT OF OCEANWOODS REDISCUSSED AT THE NEXT WORKSHOP. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT. 8:47PM. A APPROVED THIS �_ DAY OF _0- 1�-ce)- 1983. CITY CLERKIJ CITY COUNCIL MINUTES FEBRUARY 1, 1983 PAGE 5 or.5