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Home My WebLink About02-06-1979 Regular MeetingI� REGULAR MEETING MICROFILMED 4.24 -80 CITY COUNCIL FEBRUARY 6, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON FEBRUARY 6, 1979 AT CITY HALL., 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR PRO TEM JOHNSON L. MURPHY AT 7 :35 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR PRO TEM JOHNSON L. MURPHY, COUNCIL MEMBERS L.C. BOYD, P.T. LEE AND M.A. RIGERMAN; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J. BEAULIEU.AND SGT. AT ARMS PHYLLIS NELSON. MAYOR ANN H. THURM WAS ABSENT DUE TO ILLNESS. THE MINUTES OF THE REGULAR. MEETING OF JANUARY 16, 1979 WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. !fz_OV U, WRP3f s_- 0 THE ORDINANCE AN ORDINANCE AMENDING SECTIONS 637.53, 637.91, 638.11, C -1 AND C -2 ZONING DISTRICTS OF THE ZONING REGULATIONS OF THE CODE OF THE CITY OF CAPE. CANAVERAL, FLORIDA, BY AMENDING THE PRINCIPAL USES AND STRUCTURES IN THE C -1 ZONING DISTRICT, BY ALLOWING GARAGES USED FOR VEHICLES AND STORAGE OF PERSONAL EFFECTS; BY AMENDING THE MINIMUM LIVING AND FLOOR AREA OF MULTIPLE FAMILY DWELLINGS, HOTELS AND MOTELS IN THE C -1 ZONING DISTRICT, BY AMEND - ING THE MINI11UM SETBACK REQUIREMENTS OF THE `:SIDE INTERIOR LOTS AND REAR LOTS IN THE C -1 ZONING DISTRICT, BY AMEND- ING THE MINIMUM SETBACK REQUIREMENTS OF THE C -2 ZONING DISTRICT BY REDUCING THE MINIMUM LIVING AREA PER MULTIPLE FAMILY DWELLINGS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. ADOPTION. MRS. BOYD SECONDED MOTION. NEW BUSINESS ITEM 1. MICROFILMED 4 -24 -80 MAYOR PRO TEM MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE PURSUANT TO SECTION 633.01, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A CHANGE IN THE ZONING DISTRICT CLASSIFICATION FROM R -2 TO R -1 OF THE FOLLOWING PROPERTY: LOTS 1 THROUGH 8, BLOCK 6, LOTS I THROUGH 11, BLOCK 7, LOTS 2 THROUGH 8, BLOCK 8, AND LOTS 4 THROUGH 21, BLOCK 9, UNIT 2, CAPE CANAVERAL BEACH GARDENS, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 17, PAGE 81, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; BY PROVIDING THAT SUCH CHANGES TO THE ZONING DISTRICTS SHALL NOT BECOME EFFECTIVE UNTIL THEY HAVE BEEN DULY ENTERED UPON THE OFFICIAL ZONING MAP, BY AUTHORIZING SUCH CHANGES TO BE MADE ON THE OFFICIAL ZONING MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CHANGE ON SAID.ZONING MAP; REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE., MRS. BOYD MOVED TO APPROVE FIRST READING. MRS. RIGERMAN SECONDED MOTION. THE FLOOR WAS OPENED TO DISCUSSION. PROPERTY OWNERS WHOSE PROPERTY WOULD BE AFFECTED BY THIS RE- ZONING AND OTHER CITIZENS VOICED THEIR OPINIONS AT THIS TIME. MAYOR PRO TEM MURPHY INFORMED THE AUDIENCE THAT THE SECOND HEARING ON THIS ORDINANCE WOULD BEHELD ON FEBRUARY 20. VOTE ON THE MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING CARRIED UNANIMOUSLY. ITEM 2. hu%z razar.1VlLi GVLVraL �-t, neuvruvey l�tvs,t� Li.�inJL'a, PB 10 -1 (PERMISSION TO ADVERTISE AND NOTIFY PROPERTY OWNERS.WHOSE PROPERTY IS AFFECTED BY RE- ZONING) MR. MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE PURSUANT TO SECTION 633.01, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A CHANGE IN ZONING DISTRICT CLASS- IFICATION FROM R -1 TO R -2 OF THOSE PORTIONS OF LOTS 21 THROUGH 27, WHICH ARE PRESENTLY ZONED R -1, BANANA RIVER ESTATES LOCATED IN-SECTION 26, TOWNSHIP 24, RANGE 37 AND AS RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, BY PROVIDING THAT SUCH I CHANGES TO THE ZONING DISTRICTS SHALL NOT BECOME I EFFECTIVE UNTIL THEY HAVE BEEN DULY ENTERED UPON THE OFFICIAL. ZONING MAP, BY AUTHORIZING SUCH CHANGES TO BE MADE ON THE OFFICIAL ZONING MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CHANGE ON SAID ZONING MAP; REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. COUNCIL MINUTES 2-6 -79 PAGE 2 OF 5 MICROFILMED 4.24 -80 MRS. RIGERMAN MOVED TO APPROVE PERMISSION TO ADVERTISE AND NOTIFY PROPERTY OWNERS. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. MOTION RE: ACCEPTANCE OF PLANNING AND ZONING BOARD ER 'S RESIGNATION, REMOVAL OF E - NATE MEMBER FROM PLANNING AND ZONING BOARD RESOLUTION NO. - : P I T 0 ER 0 PLANNING AND N BOARD MR. MURPHY READ A LETTER OF RESIGNATION FROM JOHN STEVENS. MRS. BOYD MOVED TO ACCEPT RESIGNATION. MR. LEE SECONDED MOTION. MRS. RIGERMAN MOVED TO AMEND MOTION TO INCLUDE THE REMOVAL OF ALTERNATE MEMBER JOHN FOSTER FROM THE BOARD. MR. MURPHY SECONDED MOTION. VOTE ON THE AMENDMENT PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION PASSED UNANIMOUSLY. MR. MURPHY EXPLAINED THAT THE PLANNING AND ZONING BOARD RECOMMENDED THE APPOINTMENT OF BRIAN J. BUSSEN. COUNCIL HAD BEFORE THEM A RESOLUTION APPOINTING MR. BUSSEN TO THE BOARD WITH A TERM TO EXPIRE ON SEPTEMBER 15, 1979. MRS. BOYD MOVED FOR ADOPTION OF THE RESOLUTION. MRS. RIGERMAN SECONDED MOTION. MR. MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION FOR ADOPTION'OF RESOLUTION CARRIED UNANIMOUSLY. ITEM 4. RESOLUTION NO. 79 -3 RE: DESIGNATING FIRE MR. MURPHY READ THE RESOLUTION IN FULL INSERTING THE NAME OF E.G. "WES" WESTBERG AS FIRE MARSHALL. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION DESIGNATING A FIRE MARSHALL,, PROVIDING AN EFFECTIVE DATE. MRS. RIGERMAN MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: C.E.T.A. CLERK /TYPIST BE PLACED N CITY FUNDED POSITION RESOLUTION N0. 79-4 APPOINTMENT OF DEPUTY CITY CLERK COUNCIL MINUTES 2 -6 -79 PAGE 3 OF 5 MICROFILMED 4-24-80 lo MR. MURPHY READ THE RESOLUTION IN FULL INSERTING THE NAME OF BARBARA MERCILLIOTT AS DEPUTY CITY CLERK. TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING_DEPUTY CITY CLERK; PROVIDING AN EFFECTIVE DATE. MRS. RIGERMAN MOVED THAT THIS EMPLOYEE POSITION BE INCORPOR- ATED INTO THE REGULAR CITY BUDGET AND THAT BARBARA MERCILLIOTT NO LONGER BE CLASSIFIED AS A C.E.T.A. EMPLOYEE. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. RIGERMAN MOVED FOR ADOPTION OF RESOLUTION NO. 79 -4. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: AUTHORIZATION TO INSTALL A FIRE HYDRANT ON S.W. CORNER OF WASHINGTON AND RIDG WOOD COST 0 FROM CONTINGENCY FUND MR. MURPHY EXPLAINED THAT DUE TO INCREASED BUILDING, AN ADDITIONAL FIRE HYDRANT WAS NEEDED AT THIS LOCATION. MR. LEE MOVED TO APPROVE A FIRE HYDRANT AT THE S.W. CORNER OF WASHINGTON AND RIDGEWOOD AVENUES WITH THE.COST TO COME FROM THE CONTINGENCY FUND. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION RE: FENCE BID OPENED ON JANUARY 29, 1979 MR. MURPHY EXPLAINED THAT ONLY ONE BID WAS RECEIVED AT THE JANUARY 29TH BID OPENING FROM BREVARD FENCE FOR A PRICE OF $3,695 AND SUGGESTED RE- ADVERTISING AND FURTHER EFFORTS BE MADE TO SOLICIT BIDS FOR VINYL AND GALVANIZED FENCING FROM ADDITIONAL FENCE COMPANIES. MR. MURPHY MOVED THE CITY REJECT THE BREVARD FENCE BID IN THE AMOUNT OF $3,6.95 AND RE- ADVERTISE FOR VINYL AND GALVANIZED FENCING. MRS. RIGERMAN SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. MURPHY READ A MEMO FROM CITY ATTORNEY SCOTT REQUESTING THAT THE CITY APPROVE A TRIP TO TALLAHASSEE AT AN APPROXIMATE COST OF_ $150.00. THIS REQUEST TO ALSO INCLUDE APPROVAL OF CITY MANAGER'S TRAVEL TO TALLAHASSEE. MRS. BOYD MOVED FOR AN ADD ON ITEM REGARDING SENDING THE CITY ATTORNEY.AND CITY MANAGER TO TALLAHASSEE ON CITY BUSINESS. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MR. LEE MOVED THE CITY ATTORNEY AND CITY MANAGER BE AUTHORIZED TO TRAVEL TO TALLAHASSEE AT A COST OF $150 EACH. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 2 -6 -79 PAGE ' 4 OF 5 .. v 1 I MWPOFILMED 4 -24 -80 DISCUSSION DISCUSSION ITEMS INCLUDED CITY VS. TWEED CASE, KELLER CASE, LETTER FROM SHERIFF MILLER ADVISING INCREASE IN SHERIFF'S EMPLOYEES WAGES AND REQUESTING ADDITIONAL MONTHLY ALLOTMENTS FROM THE CITY. ALSO DISCUSSED WAS SOUTHERN BELL'S REQUEST FOR STREET EVACUATION FOR THE PURPOSE OF INSTALLING A DUCT SYSTEM FROM SOUTH CITY LIMITS ACROSS STREET ENDS TO APPROXIMATELY CENTRAL BOULEVARD. COUNCIL REQUESTED THAT BRILEY, WILD REVIEW THIS PRIOR TO COUNCIL ACTION. AT 8:50 P.M. MAYOR PRO TEM MURPHY MOVED TO ADJOURN., MRS. RIGERMAN SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 20 DAY OF FEBRUARY , 1979. COUNCIL MINUTES 2-6 -75 PAGE 5 OF 5