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HomeMy WebLinkAboutMinutes 09-06-1983CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 1983 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE. CANAVERAL, FLORIDA WAS HELD ON SEPTEMBER 6, 1983 AT CITY HALL, 105.POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE .MEETING WAS CALLED TO ORDER BY MAYOR RUTHERFORD AT 7:30PM. INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR RUTHERFORD. THE ROLL WAS CALLED BY THE SECRETARY. OFFICIALS PRESENT WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS J. CALVERT, L. HARRIS, L. NICHOLAS AND J. WINCHESTER. ALSO PRESENT WERE CITY MANAGER F. NUTT, CITY ATTORNEY J. SCOTT AND SERGEANT -AT -ARMS B• CABRERA• MRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF AUGUST 16, 1983., MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 18-83 AMENDING ORDINANCE NO. 2-83, CODE CHAPTER 631 ZONING REGULATONS, RE: AMENDING SECTIONS 632.01, 637.39, 637.47, 639.17 AND ESTABLISHING SECTION 640, TOWNHOUSE REGULATIONS (SECOND READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ TUE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING ORDINANCE NO. 2-83, CODE CHAPTER 631, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING SECTION 632.01 BY RE -DEFINING LOT FRONTAGE. AMENDING SECTION 637.39 BY ADDING MAXIMUM LENGTH OF BUILDINGS IN R-3; AMENDING SECTION 637.47 BY DELETING PARAGRAPH "H", GARAGE USED FOR VEHICLES AND/OR STORAGE OF PERSONAL PROPERTY; AMENDING SECTION 639.17 REDUCING BUILDING SETBACK LINES ON A1A AND ESTABLISHING SECTION 640 TOWNHOUSE REGULATIONS; REPEALING ALL ORDINANCES AND PARTS THEREOF OR PARTS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD RECAPPED THE CHANGES THAT HAD BEEN SUGGESTED AT THE WORKSHOP MEETING ON SEPTEMBER 1 AND ASKED THE MEMBERS OF THE AUDIENCE TO LIMIT THEIR DISCUSSION TO EACH ITEM AS IT WAS ADDRESSED BY COUNCIL. CITY COUNCIL 'MEETING MINUTES SEPTEMBER 6, 1983 PAGE 1 OF 9 MRS. HARRIS MADE A MOTION TO AMEND THE TITLE BY REINSERTING THE WORDS "AMENDING SECTION 637.25 BY ADDING MAXIMUM LENGTH OF BUILDINGS IN R-2" AND BY REINSERTING SECTION 2 AS FOLLOWS: "SECTION 637.25, R-2 AREA AND DIMENSION REGULATIONS, MEDIUM DENSITY RESIDENTIAL, SHALL BE AMENDED BY ADDING THE FOLLOWING: MAXIMUM BUILDING LENGTH OR WIDTH - NOT TO EXCEED 185, FEET." MRS. HARRIS MADE NOTE THAT THE ORIGINAL SECTION 2.OF THE ORDINANCE SPECIFIED A'MAXIMUM BUILDING LENGTH OR WIDTH OF, 140 FEET AND SHE WAS CHANGING THAT TO 185 FEET. MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED. ATTORNEY JOHN STARLING AND ARCHITECT WALTER BOWMAN SPOKE AGAINST THE MAXIMUM BUILDING LENGTH OF 185 FEET. VOTE ON THE AMENDMENT TO REINSTATE SECTION 2 AND TO SET THE, MAXIMUM BUILDING LENGTH OR WIDTH IN R-2 AT 185 FEET WAS UNANIMOUS. MR. NICHOLAS MOVED TO ADD A NEW, SECTION TO THE ORDINANCE TO READ AS FOLLOWS: "SECTION 643.01(A) ANY BUILDING WHICH IS MADE NON- CONFORMING BY VIRTUE OF ENACTING THESE AMENDMENTS OUTLINED IN THIS ORDINANCE SHALL BE ALLOWED TO BE REPLACED INTHE EVENT OF THEIR DESTRUCTION TO THE SAME STANDARDS THAT THEY WERE PRIOR TO THE ADOPTION OF THIS ORDINANCE. THIS SHALL ALSO INCLUDE THOSE' PROJECTS WHICH ARE YET TO BE COMPLETED, BUT HAVE OBTAINED. BUILDING PERMIT ,STATUS PRIOR TO ADOPTION OF THIS ORDINANCE. IN THE EVENT A REBUILDING IS REQUIRED, ALL EFFORTS SHALL BE MADE, WHERE PRACTICABLE,' TO CONFORM TO THE EXISTING ZONING ORDINANCE. .ALL NON -CONFORMING LOTS OF RECORD, AS OF .THE DATE OF THE ADOPTION OF THIS ORDINANCE SHALL BE ALLOWED TO BE USED IN CONSTRUCTING STRUCTURES THAT HAVE BEEN DESTROYED. THE REBUILT STRUCTURE WILL BE REBUILT AS CLOSE AS PRACTICABLE TO THE ORIGINAL BUILDING AND SHALL MAKE EVERY EFFORT TO CONFORM TO THE EXISTING ZONING ORDINANCE. THESE PROVISIONS SHALL NOT BE CONSTRUED TO ALLOW FOR THE EXTENSION OR ENLARGEMENT OF A NON -CONFORMING LOT OR BUILDING BUT ARE MERELY INTENDED TO ALLOW THE REBUILDING OF STRUCTURES AFTER THE RESULT OF A CATASTROPHE 'IN AS NEAR A SIMILAR FASHION AS PRACTICABLE." MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED. WALTER BOWMAN AND WILLIAM BENNIX SPOKE TO COUNCIL ABOUT THE POSSIBILITY OF MAKING SOME PROVISIONS FOR PROJECTS THAT .HAVE ALREADY BEEN SUBMITTED FOR APPROVAL TO THE PLANNING AND ZONING BOARD. 'MR. WINCHESTER MOVED TO AMEND THE NEW SECTION BY DELETING THE. SECOND SENTENCE IN THE FIRST PARAGRAPH AND REPLACING IT WITH CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 1983 PAGE 2 OF 9 THE FOLLOWING: "THIS SHALL ALSO INCLUDE THOSE PROJECTS WHICH ARE YET TO BE COMPLETED, BUT HAVE. APPLIED. FOR SITE PLAN APPROVAL PRIOR TO ADOPTION OF THIS ORDINANCE, AND WILL OBTAIN A BUILDING. PERMIT BEFORE FEBRUARY 28, 1984". MR.. NICHOLAS SECONDED MOTION. VOTE ON THE AMENDMENT WAS UNANIMOUS. MOTION ON THE AMENDMENT TO ADD SECTION 643.01 (A) WAS UNANIMOUS. MR. NICHOLAS MOVED TO AMEND SECTION 6, TOWNHOUSE AREA AND DIMENSION REGULATIONS, BY CHANGING MAXIMUM BUILDING LENGTH OR WIDTH FROM 140 FEET TO 185 FEET. MRS. CALVERT SECONDED MOTION. VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. MRS. HARRIS MOVED TO AMEND SECTION 6, TOWNHOUSE AREA AND DIMENSION REGULATIONS BY. REDUCING MINIMUM LOT AREA FROM 2,000 SQUARE FEET TO 1,120 SQUARE FEET. MOTION FAILED FOR LACK OP A SECOND. MR. NICHOLAS MOVED TO AMEND SECTION 6, TOWNHOUSE AREA AND DIMENSION REGULATIONS, BY REDUCING MINIMUM LOT AREA FROM 2,000 SQUARE FEET TO. 1,600 SQUARE FEET. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. TOWNHOUSE AREA ,AND MRS. HARRIS MOVED TO AMEND SECTION 6, DIMENSION REGULATIONS, MAXIb1UM LOT COVERAGE, BY DELETING "INDIVIDUALLY PLATTED LOT — 40%." MR. NICHOLAS SECONDED MOTION. VOTE ON THE AMENDMENT WAS AS FOLLOWS: IN FAVOR — MRS. HARRIS, MAYOR RUTHERFORD AND MR. NICHOLAS. OPPOSED — MRS. CALVERT AND MR. WINCHESTER AMENDMENT CARRIED. VOTE ON THE MAIN MOTION TO ADOPT ORDINANCE NO. 18-83, AS AMENDED, CARRIED UNANIMOUSLY. . ITEM 2• ORDINANCE NO. 19-83 RE: ADOPTING 1983 AMENDMENTS TO STANDARD BUILDING CODE (SECOND READING AND (SECOND READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 611, BUILDING CODE, OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1983 AMENDMENTS TO THE STANDARD BUILDING CODE; REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING MINUTES SEPTEMBER 6, PAGE 3 OF 9 ITEM 3•. ORDINANCE NO. 20-83 RE: CITATION FOR DOGS ON BEACH (SECOND READING AND PUBLIC HEARING) MAYOR RUTHERFORD READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 701, ANIMALS CONTROLLED, BY AMENDING SECTION 701.30, ANIMALS PROHIBITED IN PARKS AND ON BEACHES, BY ALLOWING FOR A CITATION TO BE ISSUED TO THE OWNER OF THE OFFENDING ANIMAL; ESTABLISHING A FINE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. WINCHESTER MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: AWARD OF BID FOR CITY (HALL AIR CONDITIONERS (POSTPONED AUGUST 16 ) MAYOR RUTHERFORD MOVED TO ACCEPT LOW BID FROM DESIGN AIR/ LUZANN FOR $5,400. MR. WINCHESTER SECONDED MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR - MRS. CALVERT, MRS. HARRIS, MAYOR RUTHERFORD, MR. WINCHESTER OPPOSED - MR. NICHOLAS MOTION CARRIED. NEW BUSINESS ITEM 1. RESOLUTION N0.83-57 RE: DUAL TAXATION MAYOR RUTHERFORD READ THE TITLE. OF THE RESOLUTION AS FOLLOWS: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO THE ISSUE OF DUAL TAXATION; IDENTIFYING THE CONSTITUTIONAL AND STATUTORY AUTHORITY FOR THIS ACTION; FINDING DEFICIENCIES IN THE REPORTING PROCEDURES REQUIRED TO BE MADE BY COUNTY STAFF REGARDING THE RENDER- ING OF THE COUNTY SERVICES IN UNINCORPORATED AREAS OF THE COUNTY; PRELIMINARY FINDING THE WRONGFUL LEVY AND COLLECTION OF COUNTY TAXES WITHIN THE CITY OF CAPE CANAVERAL BASED UPON A PRELIMINARY IDENTIFICATION OF SERVICES AND/OR PROGRAMS; FINDING THAT THE COUNTY MAY VOLUNTARILY REMIT TO THE CITIZENS OF THE CITY OF CAPE CANAVERAL THOSE TAX REVENUES COLLECTED FOR SERVICES RENDERED IN UNINCORPORATED AREAS OF THE COUNTY; DEMANDING THE COUNTY RECTIFY THE DUAL TAXATION PROBLEMS IDENTIFIED HEREIN AND REMITTING TO THE CITY ITS PROPORTIONATE SHARE OF REVENUES COLLECTED IN CON- TRAVENTION OF THE STATE CONSTITUTOION AND STATE STATUTE; DEMANDING THE COUNTY MAINTAIN THOSE MECHA- NISMS NECESSARY TO ENSURE COMPLIANCE WITH STATE LAW; DIRECTING THE CITY CLERK PROVIDE THE COUNTY COMMISSION WITH A COPY OF RESOLUTION; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED TO ADOPT. MRS. CALVERT SECONDED MOTION. MOTION. CARRIED UNANIMOUSLY. CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 1983 PAGE 4 OF 9 RE. GREE ITEM 2. OSEP RESOL2TlON NSCOTT8F0R LEGALAS SERVICES "IT" MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN .AGREEMENT WITH JOSEPH W. SCOTT TO PROVIDE LEGAL SERVICE To THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. DISCUSSION FOLLOWED. MR; NICHOLAS BROUGHT UP THE QUESTION OF LITIGATION NOT BEING COVERED IN THE CONTRACT. MR. SCOTT ASSURED COUNCIL THAT IT WAS A FLAT -FEE RETAINER. MR. 1 NICHOLAS MOVED TO AMEND THE CONTRACT BY ADDING THE WORDS, ITIS EXPRESSLY UNDERSTOOD THAT THE, ATTORNEY SHALL PROVIDE ALL LEGAL SERVICES .THE CITY SHALL REQUIRE FOR THE AGREED UPONCOMPENSATION AND THERE SHALL BE NO ADDITIONAL BILLINGS." MRS. CALVERT SECONDED MOTION: VOTE ON THE AMENDMENT WAS UNANIMOUS. VOTE ON THE MAIN MOTION TO ADOPT RESOLUTION NO. 83-58 CARRIED UNANIMOUSLY. ITEM 3. COUNTYTSHERIFF FOR5POLICEASERVICES GREEMENT WITH BREVARD MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD. COUNTY SHERIFF'S DEPARTMENT TO PROVIDE CAPE CANAVERAL, OLICE SERVICES To THE CITY FLORIDA; PROVLDINGAN OF EFFECTIVE DATE. MRS. HARRIS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED ABOUT SPELLING OUT MORE SPECIFICALLY THE DAYS THAT THE THIRD DEPUTY SHALL BE ON DUTY. MRS. CALVERT 14OVED TO AMEND THE CONTRACT BY ADDING THE FOLLOWING SENTENCE T0. SECTION 3(e):. "TWO OF THOSE FIVE NIGHTS SHALL BE WEEKEND NIGHTS, AND HOLIDAYS SHALL ALSO BE COVERED". MR. NICHOLAS SECONDED MOTION. VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION TO ADOPT RESOLUTION NO. 83-59 CARRIED UNANIMOUSLY. CITY. COUNCIL MEETING MINUTES SEPTEMBER 6, 1983 PAGE 5 OF 9 ITEM 4. RESOLUTIONNO. 83-60 RE:AGREEMENT WITH DREVARD COUNTY SHERIFF FOR LEASE OF PUBLIC SAFETY DUILDING MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT'S AND THE 'BREVARD COUNTY .BOARD OF COUNTY COMMISSIONERS TO LEASE THE CITY OF CAPE CANAVERAL POLICE DEPARTMENT. BUILDING; PROVIDING AN EFFECTIVE DATE. MRS. HARRIS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 83-61 RE: HARBOR HEIGHTS RESURFACING PROJECT ADOPTING ASSESS6fENT PLAT AND PLANS DETER- FIINING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES AND FILING.ASSESSMENT ROLL MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION DETERMINING TO MAKE CERTAIN 'LOCAL STREET IMPROVEMENTS IN THE HARBOR HEIGHTS AREA RESURFACING PROJECT IN THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING ASSESSMENTTHE AAND PLANS SPECIFI- CATIONS SUBMITTEDBYCITYADMINISTRATION; DETERMINING TO DEFRAY THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST 191E PROPERTIES BENEFITED THEREBY; AND DIRECTING CITY ADMINIS- TRATION TO MAKE AND FILE WITH CITY ,COUNCIL AN ASSESSMENT LLOCAL IMPROVEMENTS PROVIDINGGANUEFFECTIVESTREET DATE. MR.'. NICHOLAS MOVED FOR ADOPTION. 'NR. WINCHESTER SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. ITEM 6. ,RESOLUTION NO2= RE: ADOPTING ASSESSMENT ROLL FOR HARBOR. HEIGHTS. RESURFACING PROJECT, FIXING TIME AND PLACE FOR PUBLIC HEARING ON ASSESSMENT ROLL AND PROVIDING FOR NAILING AND PUBLISHING NOTICE OF SAID FIEARING MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ADOPTING THE ASSESSMENT ROLL PREPARED BY THE CITY ADMINISTRATION FOR THE HARBOR HEIGHTS RESURFACING PROJECT; FIXING THE TIME AND 'PLACE FOR A PUBLIC HEARING ON THE ASSESSMENT ROLL; AND PROVIDING FOR MAILING AND PUBLISHING NOTICE OF SAID HEARING, WHERE THE CITY COUNCIL SHALL CONSIDER AND CONFIRM SAME; PROVIDING LANSAPPROVE EFFECTIVE DATEn MRS'. CALVERT MOVED FOR, ADOPTION. MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. CITYCOUNCIL MEETING MINUTES SEPTEMBER 6, 1983. PAGE 6 OF 9 ITEM 7. RESOLUTION NO. 83-63 RE: GOLD MASTER CREDIT CARD MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS.. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE AMERICAN BANK FOR THE ISSUANCE OF A GOLD MASTER CREDIT CARD; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. DISCUSSION FOLLOWED. SOME OF THE COUNCIL MEMBERS EXPRESSED A DESIRE NOT TO BE INCLUDED ON THE CREDIT CARD. IT WAS SUGGESTED THAT THE RESOLUTION BE LEFT AS IT WAS WRITTEN AND IF A COUNCIL MEMBER WISHES NOT TO UTILIZE THE CARD, THEY SIMPLY WILL NOT SIGN FOR IT. VOTE ON THE MOTION WAS UNANIMOUS. ITEM 8. MOTION RE: STUCCO BIDS FOR CITY HALL MR. NICHOLAS MOVED. TO REJECT THE BID WE RECEIVED AND READVERTISE. MR. WINCIIESTER SECONDED MOTION.. MOTION CARRIED, UNANIMOUSLY. ITEM 9. MOTION RE! SETTING DATE FOR SPECIAL PIORKSIfOP MEETING RE: CODE ENFORCEMENT BOARD MR. NICHOLAS MOVED TO HAVE A SPECIAL WORKSHOP MEETING ON TUESDAY, SEPTEMBER 27, 1983 AT 7:30. P.M. .FOR THE PURPOSE OF DISCUSSING THE CODE ENFORCEMENT BOARD. MAYOR RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 10. MOTION RE: PERMISSION TO ADVERTISE FOR AUTOMOBILE FOR WASTEWATER TREATMENT PLANT MRS. CALVERT MOVED TO ADVERTISE. MR. WINCIIESTER. SECONDED MOTION. DISCUSSION. FOLLOWED. IT WAS SUGGESTED THAT THE OMNI BE TRANSFERRED TO THE WASTEWATER TREATMENT PLANT AND 14E ADVERTISE FOR A NEW SUB-CONPACT CAR FOR THE CITY MANAGER. COUNCIL WAS IN AGREEMENT. VOTE ON THE MOTION WAS UNANII-0OUS. ITEM 11. DISCUSSIN RE: RESOLUTION VACATING NORTH/SOUTH PO ON OI ATTORNEY SCOTT EXPLAINED THAT THE REASON ,THIS ITEM WAS ON THE AGENDA WAS BECAUSE THE DEVELOPERS OF THIS PROJECT (INNOVATIVE DEVELOPMENT CORPORATION) WERE OF THE OPINION THAT THE VACATED LAND WOULD ALLOW THEM TO INCREASE THEIR DENSITY CALCULATIONS DUE TO THE EXTRA ACRES THAT THEY RECEIVED IN THE VACATION, AND INNOVATIVE CITY COUNCIL FLEETING MINUTES SEPTEMBER 6, 1983 PAGE 7 OF 9 DEVELOPMENT CORPORATION HAD, IN FACT, GONE BEFORE THE PLANNING AND ZONING BOARD WITH A REVISED SITE PLAN REVIEW USING THE VACATED LAND IN THEIR DENSITY CALCULATIONS AND ADDED THREE ADDITIONAL UNITS. ATTORNEY SCOTT FURTHER EXPLAINED THAT IN THE DISCUSSION BY THE COUNCIL THERE WAS REFERENCE NOT TO INCLUDE THE DENSITY BUT THAT IT WASN'T SPELLED OUT IN THE RESOLUTION. ATTORNEY SCOTT SAID THAT IN AN EFFORT TO CLEAR UP THE ISSUE, AND TO GIVE THE PLANNING AND ZONING BOARD A DIRECTION TO FOLLOW, HE THOUGHT COUNCIL SHOULD READDRESS THIS SUBJECT. IT WAS THE CONCENSUS OF THE COUNCIL THAT THEY DID NOT INTEND THE VACATED PROPERTY TO DE USED IN DENSITY CALCULATIONS, AND THAT IT WAS AN INADVERTENT Ot.1MISSION IN THAT IT WAS NOT SO STATED IN THE RESOLUTION. ATTORNEY JOHN STARLING, REPRESENTING INNOVATIVE DEVELOP- MENT, ADDRESSED COUNCIL AND SAID HIS CLIENT WAS ACTING UNDER THE ASSUMPTION THAT COUNCIL VACATED THE PROPERTY ON AUGUST 2 AND THAT IT NOW LEGALLY BELONGED To THE PROPERTY OWNER. ALSO, THAT HIS CLIENT HAD REDESIGNED THE PROJECT IN GOOD FAITH.. MR. LAMAR RUSSELL, CHAIRMAN OF THE, PLANNING AND ZONING BOARD, SPOKE TO COUNCIL GIVING THEM,A BRIEF, HISTORY OF THE ACTIONS OF THE PLANNING AND ZONING BOARD ON THE VACATIONS OF THE EAST/WEST AND NORTH/SOUTH PORTION OF BOOTH COURT. HE ALSO READ EXCERPTS FROM THE TRANSCRIPT OP THE MINUTES OF THE PLANNING AND ZONING BOARD MEETING OF JUNE 22, 1983 WHEN THE NORTH/SOUTH PORTION WAS VACATED. HE POINTED OUT THAT THERE WAS NO MENTION OF DENSITY IN EITHER THE MOTION TO VACATE OR THE SIGNED MINUTES OF THE MEETING.. AFTER DISCUSSION, IT WAS SUGGESTED THAT ATTORNEY SCOTT RELAY To THE PLANNING AND ZONING BOARD THE CONCENSUS OF THE COUNCIL THAT IT WAS THEIR INTENT IN PASSING THE RESOLUTION.. THAT THE VACATED PROPERTY NOT BE USED FOR DENSITY CALCULATIONS. ATTORNEY SCOTT ADVISED COUNCIL. THAT NO FURTHER .ACTION WAS REQUIRED BY THEM ON THIS ITEM. CITY COUNCIL MEETING MINUTES SEPTEMBER G, 1983 PAGE 8 OF 9 i IT WAS ALSO SUGGESTED BY COUNCIL THAT PLANNING AND ZONING BOARD ADDRESS THIS SUBJECT AND RECOMMEND A'CHANGE IN THE ZONING REGULATIONS TO SPELL OUT THE ISSUE OF VACATED LAND BEING USED FOR DENSITY CALCULATIONS. DISCUSSION DISCUSSION WAS HELD ON THE FOLLOWING ITEMS: THE SECURITY GUARD AT LA PAZ; THE CAPE CANAVERAL HOSPITAL GROUNDBREAKING AND THE LETTER SENT TO THE LIBRARY BOARD BY CITY MANAGER F. NUTT. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 10:20PM. APPROVED THIS 20th DAY OFAD. 1983. ATTEST: C Y CLERK (THESE MINUTES WERE TRANSCRIBED BY SECRETARY, JAN LEESER.) CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 1983 PAGE 9 OF 9