HomeMy WebLinkAboutFeb 1, 1983 City Council Regular Meeting 1
CITY COUNCIL
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REGULAR MEETING
• FEBRUARY 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 WAYNE RUTHERFORD
AT 7: 30PM.
INVOCATION AND PLEDGE OF ALLEGIANCE WAS LED BY MAYOR
RUTHERFORD.
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THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR W. RUTHERFORD, COUNCIL MEMBERS L. HARRIS, L. NICHOLAS {'
AND J. WINCHESTER. MRS . CALVERT WAS ABSENT DUE TO ILLNESS.
MRS. HARRIS MOVED TO WAIVE THE READING OF THE MINUTES ! '
OF JANUARY 18 , 1983. MR. WINCHESTER SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 2-83 RE: REPEALING COMPREHENSIVE ! ,
ZONING REGULATIONS CODE CHAPTER 630 AND ESTAB-
LISHING COMPREHENSIVE ZONING REGULATIONS CODE
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CHAPTER 6 31 (SECOND READING AND PUBLIC HEARING)
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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
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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MAYOR RUTHERFORD EXPLAINED THAT ORDINANCE NO. 2-83 REPEALED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 COMPREHENSIVE ZONING REGULATIONS CODE CHAPTER 630, AND
ESTABLISHED COMPREHENSIVE ZONING REGULATIONS CODE CHAPTER 631.
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AT THIS TIME MAYOR RUTHERFORD READ A LETTER FROM JACK
MOLINE WHICH REQUESTED THAT COUNCIL INCLUDE A PROVISION FOR
HOTELS AND MOTELS ON THE OCEAN BY PERMITTED USE OR SPECIAL it
EXCEPTION.
MR. NICHOLAS MOVED TO ADOPT ORDINANCE NO. 2-83 ON SECOND
READING. MRS. HARRIS SECONDED MOTION.
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CITY COUNCIL MINUTES
FEBRUARY 1, 1983
PAGE 1 OF 5
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ATTORNEY LEONARD SPIELVOGEL, REPRES444fivL; '' gE 'AMEG,1I A,:?r.:
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REQUESTED THAT THE COUNCIL CONSIDER MOVING THE PROPOSED C-1
BOUNDARY LINE (LOCATED WEST OF 401 AND NORTH OF WEST CENTRAL
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ON THE PROPOSED MAP) NORTHWARD TO INCLUDE THE EXISTING TRAILER
PARK (SOUTHGATE) AND ALSO THE PROPERTY IMMEDIATELY NORTH OF THE PARK WHICH
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WAS RECENTLY ACQUIRED FROM BELCHER OIL BY THE APPLEGATES.
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IT WAS NOTED THAT AT THE THURSDAY WORKSHOP A GROUP OF
CITIZENS CONCERNED WITH THE ZONING IN THE SAME AREA HAD REQUESTED It
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THAT COUNCIL CONSIDER MOVING THE C-1 LINE NORTHWARD TO THE
SOUTH BORDER OF THE TRAILER PARK. (SOUTHGATE TRAILER PARK)
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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.
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MR. RUSSELL POINTED OUT THAT THE PLAN RECOMMENDED THAT THE CITY I
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
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THE PLANNING AND ZONING BOARD HAD KEPT THEIR MANDATE TO PROVIDE ' !
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FOR ADDITIONAL RESIDENTIAL USE BY RECOMMENDING THE T-1 AREA BE It
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CHANGED TO RESIDENTIAL USE. MR. RUSSELL ALSO RECOMMENDED COUNCIL
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CONSIDER CHANGING THE AMENDMENT MADE AT THE LAST PUBLIC HEARING.
HE PROPOSED ALLOWING R-2 USAGE IN C-1 BE PERMISSABLE BY SPECIAL i
EXCEPTION. L
DISCUSSION FOLLOWED AS TO HOW FAR NORTH THE C-1 LINE SHOULD ! F'
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BE MOVED ON THE PROPOSED ZONING MAP.
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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 THE NORTH PROPERTY LIMIT OF SOUTHGATE TRAILER
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PARK AND EXTEND FROM THE ROAD RIGHT—OF—WAY LINE ON OLD 401 TO THE ,i }
SECTION LINE, AND THAT THE AREA NORTH OF THAT BE ZONED R-2 AND
CITY COUNCIL MINUTES ! `
FEBRUARY 1, 1983
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l_,;iE.D 4-15-8
THE AREA ACROSS THE STREET REMAIN R-2 SO THAT M-1 AND R-1 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
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BE RE-ADVERTISED IF THE ZONING MAP IS AMENDED.
VOTE ON THE MOTION ON THE FLOOR TO AMEND THE PROPOSED
ZONING MAP CARRIED UNANIMOUSLY. IR
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
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ADJUSTMENT. MRS. HARRIS SECONDED MOTION.
MR. ARTHUR BYRNES , A CITIZEN IN THE AUDIENCE, POINTED OUT f
THAT SOME OF THE CITIZENS ATTENDING THE FIRST PUBLIC HEARING WHO ''
HAD ENCOURAGED ALLOWING MULTI-FAMILY USE IN C-1 WOULD NOT BE
AWARE OF THIS CHANGE.
ATTORNEY SCOTT POINTED OUT THAT A REQUEST FOR A SPECIAL F
EXCEPTION TO ALLOW RESIDENTIAL USE IN C-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 ON THIS SUBJECT. IT WAS POINTED OUT THAT THE
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PROPOSED ZONING MAP WOULD MAKE THE DISTRICT CHANGE IN THAT AREA.
CITY COUNCIL MINUTES
FEBRUARY 1, 1983
PAGE 3 OF 5
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MR. NICHOLAS MOVED TO POSTPONE SECOND AND FINAL READING
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OF THIS ORDINANCE UNTIL THE NEXT REGULAR MEETING OF THE CITY
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COUNCIL. MAYOR RUTHERFORD SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
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IT WAS NOTED THAT THIS NEXT MEETING WOULD BE ON
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FEBRUARY 15, 1983.
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NEW BUSINESS
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ITEM 1. RESOLUTION NO 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 THE CITY OF CAPE CANAVERAL, FLORIDA, TO EXECUTE
A GARBAGE AND RUBBISH COLLECTION OPTION AGREEMENT
WITH FLECKINGER REFUSE, INC. ; PROVIDING AN i
EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION. MR. FLECKINGER WAS IN ATTENDANCE AND COUNCIL COMMENDED 1 *
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HIM ON THE EXCELLENT SERVICE HIS COMPANY HAS PROVIDED DURING THE
LAST FIVE YEARS. ' '`
MOTION CARRIED UNANIMOUSLY
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ITEM 2. RESOLUTION NO 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 WITH CANAVERAL BEACH GARDEN APARTMENT, INC. , j
FOR THE LEASE SPACE FOR THE CAPE CANAVERAL PUBLIC It
LIBRARY; PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MR. WINCHESTER SECONDED
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MOTION. MOTION CARRIED UNANIMOUSLY. t
ITEM 3 . MOTION RE: BUDGET TRANSFERS
MAYOR RUTHERFORD READ THE LIST OF BUDGET TRANSFERS AS
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FOLLOWS: $400.00 FROM GROUP INSURANCE, ACCOUNT #001-524-23 TO f
MOTOR FUEL & LUBRICANTS, ACCOUNT #001-524-524 TO INCREASE FUEL Ii
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ACCOUNT FOR THE BUILDING DEPARTMENT. $500 .00 FROM FURNITURE &
EQUIPMENT, ACCOUNT #401-525-64 TO PHYSICALS, ACCOUNT #401-525-314 .
$300 .00 FROM GROUNDS & BUILDING MAINTENANCE, ACCOUNT #001-572-461
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TO PHYSICALS, ACCOUNT #001-572-314 , DUE TO THE HIGH COST OF
PHYSICALS AND THE ADDITION OF NEW EMPLOYEES .
CITY COUNCIL MINUTES
FEBRUARY 1, 1983
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