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HomeMy WebLinkAbout03-02-1976 Regular MeetingMtCROFILIVED 4.24,86 REGULAR MEETING CITY COUNCIL MARCH 2, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 2, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:33 P.M. DUE TO THE LATE ARRIVAL OF MAYOR MACLAY, MAYOR PRO TEM E. HARRISON RHAME CALLED THE MEETING TO ORDER. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C. NICHOLAS, E.H. RHAME, G.J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS JAMES CANNON. THE MINUTES OF THE FEBRUARY 24, MEETING WERE APPROVED AS READ. UNFINISHED BUSINESS FOLLOWS: ITEM 1. RESOLUTION 76 -7 RE': B.T.A. MEMBERSHIP MAYOR MACLAY READ THE TITLE OF THE RESOLUTION AS A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN ADDENDUM TO AN INTERLOCAL AGREEMENT OF BREVARD TRANSPORTATION AUTHORITY DATED FEBRUARY 19, 1973; PROVIDING AN EFFECTIVE DATE. MR. DON DURHAM, REPRESENTATIVE OF B.T.A., EXPLAINED THE NEED FOR THIS RESOLUTION AND THE CITY'S MEMBERSHIP IN THE B.T.A. HE FURTHER EXPLAINED THE FUNDING AND STATED THAT THERE.WOULD BE NO COST TO THE CITY UNTIL SUCH TIME AS THE CITY WOULD REQUIRE SERVICES. BY MOTION OF MR. SALVAGGIO, SECONDED BY MAYOR MACLAY AND UNANIMOUS VOTE, THE RESOLUTION WAS APPROVED. ITEM 2. ORDINANCE 29 -75 RE: SINGLE FAMILY MOBILE HOME AMENDING 'ZONING CODE ( 2ND READING MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 637 CITY OF CAPE CANAVERAL ZONING CODE PERTAINING TO SCHEDULE OF DISTRICT REGULATIONS BY AMENDING ZONING DISTRICT ENTITLED "SINGLE FAMILY MOBILE HOME" (MH -1); BY ESTABLISHING PRINCIPAL USES AND STRUCTURES; ACCESSORY USES AND STRUCTURES; BY PROVIDING FOR SPECIAL EXCEPTIONS; BY ESTABLISHING PROHIBITED USES AND STRUCTURES, AREA AND DIMENSIONS REGULATIONS, SET BACK REGULATIONS, OFF- STREET MICROFILMED 4.24.80 PARKING AND ACCESS; BY ESTABLISHING REGULATIONS PERTAINING TO SIGNS, DEVELOPMENT STANDARDS AND STREETS AND ROADS; BY REPEALING-ALL ORDINANCES OR PARTS THEREOF AND CODE SECTIONS AND PARTS THEREOF WHICH ARE IN CONFLICT - HEREWITH; PRO- VIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. THURM SECONDED THE MOTION. MUCH DISCUSSION WAS HELD ON THIS ORDINANCE AND MRS. THURM OFFERED MANY SUGGESTED.CHANGES. THE QUESTION ALSO AROSE AS TO THE NEED FOR NON CONFORMING SECTIONS IN THE ZONING ORDINANCE. IT WAS DETERMINED THAT DUE TO THE MANY CHANGES RE- QUIRED THAT MR. RHAME AND THE CITY ATTORNEY WOULD REWORK THE ORDINANCE FOR THE FINAL READING. BY MOTION OF MRS. THURM, SECONDED BY MR. NICHOLAS AND UNANIMOUS VOTE, SECOND READING WAS POSTPONED FOR ONE WEEK UNTIL MARCH 9, 1976. MRS. THURM ASKED THAT THE CITY CLERK MAKE ARRANGEMENTS TO HAVE THE TR -1 SECTION ON THE OFFICIAL ZONING MAP CHANGED TO MH -1 IN CONFORMITY WITH THE NEW - ZONING ORDINANCE. ITEM 3. ORDINANCE 2 -76 RE:' 7 - UTILITY 'TAX CABLE TV ND READING MAYOR MACLAY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 541, CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY IMPOSING A UTILITY TAX ON CABLE TELEVISION SERVICE; PROVIDING AN EFFEC- TIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MAYOR MACLAY SECONDED MOTION. MR. BEVIS, OF CABLE TV,PRESENTED TO THE CITY CARDS FROM 208 CUSTOMERS RESPONDING TO A QUESTIONNAIRE OPPOSING THIS UTILITY TAX. AFTER SOME DISCUSSION, VOTE ON THE MOTION FOR ADOPTION WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY AND MRS. THURM. OPPOSED, MR. NICHOLAS, MR. RHAME AND MR. SALVAGGIO. MOTION FAILED. MR. RHAME ASKED THAT AN ITEM BE PUT ON THE MARCH 9TH AGENDA FOR RECONSIDERATION OF COMMUNICABLE'S REQUESTED RATE IN- CREASE. NEW BUSINESS ITEM 1. BUDGET REVISION MR. NICHOLAS BROUGHT OUT THAT, DUE TO THE FAILURE OF THE UTILITY TAX ON CABLE TV, THE BUDGET WAS AGAIN OUT OF BALANCE. MR. RHAME MOVED THAT THE CITY STAFF PREPARE SUGGESTED FIGURES TO REVISE THE BUDGET FOR THE MEETING OF MARCH 9. MR. NICHOLAS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 3 -2 -76 PAGE 2.OF 4 MICROFILMED 4.24.8 ITEM 2. 'DISCUSSION RE; WATER RATE TI , MR. NICHOLAS QUESTIONED THE LEGALITY OF THE RECENT 12 PERCENT HIRE IN WATER RATES BY THE CITY OF COCOA AND THE FACT THAT THIS WAS TO GENERATE APPROXIMATELY $100,000.00 FOR THE CITY OF COCOA GENERAL FUND. THE ATTORNEY WAS ASKED THE STATUS OF THE COURT SUIT OF THE MERRITT ISLAND HOME- OWNERS' ASSOCIATION. MR. SCOTT STATED HE WILL BE REVIEWING THE SUPREME COURT DECISION RECENTLY HANDED DOWN TO DETERMINE HOW THE CITY CAN PROCEED IN FILING SUIT AGAINST THE CITY OF COCOA AND TO REPORT BACK TO CITY COUNCIL WHEN INFORMATION AVAILABLE. NO ACTION ON THIS ITEM. ITEM 3. RESIGNATION OF LIBRARY BOARD MEMBER MRS. THURM READ A LETTER OF RESIGNATION FROM MRS. JUNE KERWIN AND MOVED THAT THE CITY COUNCIL ACCEPT THIS RESIGNATION WITH REGRET AND THAT A LETTER BE SENT TO THE FORMER BOARD MEMBER THANKING HER FOR HER SERVICES. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. ORDINANCE 4 -76 DISPOSITION OF PROPERTY UST READING AT THE REQUEST OF THE CITY ATTORNEY, MAYOR MACLAY MOVED THAT THIS ITEM BE POSTPONED FOR ONE WEEK. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. AUTHORIZATION FOR PAPER BALLOTS OR MACHINES FOR JUNE ELECTION THE CITY CLERK WAS ASKED THE DIFFERENCE IN COSTS FOR CONDUCTING AN ELECTION WITH PAPER BALLOTS AS OPPOSED TO MACHINES. MRS. OSTROM ESTIMATED A $500.00 TO $600.00 SAVINGS. MAYOR MACLAY MOVED THAT THE CITY CLERK BE AUTHORIZED TO USE PAPER BALLOTS IN THE UPCOMING GENERAL ELECTION. MR. RHAME SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR MACLAY, MR. RHAME AND MR. SALVAGGIO, OPPOSED MR. NICHOLAS AND MRS. THURM. DISCUSSION ITEMS MR. NICHOLAS INQUIRED ABOUT THE STATUS OF THE SEWER EXP4NSION FUNDS AND THE STATUS OF THE LIBRARY BOARD'S AUTHORITY. MRS. THURM STATED THAT LIBRARY EMPLOYEES WERE COMPLETELY UNDER THE COUNTY NOW EFFECTIVE MARCH 1, 1976. MAYOR MACLAY ASKED ABOUT THE SITUATION WITH BUILDING MATERIALS ACROSS FROM THE APOLLO APARTMENTS AND MR. FRANCIS COUNCIL MINUTES 3 -2 -76 PAGE 3 OF 4 � r MICROFILM 4 -24 -80 STATED THAT MR. JIM MORGAN IS IN THE PROCESS OF MOVING THIS MATERIAL AND SHOULD BE FINISHED WITHIN TWO WEEKS. BY MOTION OF MRS. THURM, SECONDED BY MR. SALVAGGIO, MEETING ADJOURNED AT 10:43 P.M. APPROVED THIS 9TH DAY OF MARCH , 1976. ru COUNCIL MINUTES 3-2--76 PAGE 4 OF 4