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HomeMy WebLinkAbout03-06-1979 Regular Meetingifs REGULAR MEETING CITY COUNCIL MICROFILMED 4.24 -80 MARCH &, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 6, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:32 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS P.T. LEE, J.L. MURPHY AND M.A. RIGERMAN; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL. COUNCILWOMAN BOYD WAS ABSENT DUE TO OUT -OF -TOWN BUSINESS. THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 20, 1979 WERE APPROVED AS READ. NEW BUSINESS ITEM 1. ORDINANCE NO. 4 -79 RE: RE- ZONING FROM R -1 0 R-2 PORTIONS OF LOTS 21 THRU 27 PRESENTLY ZONED R-1, BANANA TIMER EST TES, P.B. S IN MAYOR THURM 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 CLASSIFICATION' FROM R -1 TO R -2 OF THOSE PORTIONS OF LOTS 21 THROUGH 27, WHICHARE 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 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 SAN EFFECTIVE DATE. MRS. RIGERMAN MOVED TO APPROVE FIRST READING. MAYOR THURM SECONDED MOTION. MICROFILMED 4 -24 -80 -' a 014NERS OF PROPERTY UNDER CONSIDERATION FOR RE- ZONING, TERRI READ AND HOWARD WARREN, SPOKE ON BEHALF OF THIS ZONING REQUEST. MRS. LARSON, NEIGHBORING PROPERTY OWNER, ALSO SPOKE IN FAVOR. THE FOLLOWING PEOPLE SPOKE IN OPPOSITION TO THE RE- ZONING; RONALD BAXTER, ROBERT SCABAROZI, DONALD GRAINGER, CHARLES HARTLY, DR. JAHN, BARBARA SMITH AND MARY JACOBS. DISCUSSION FOLLOWED BETWEEN COUNCIL MEMBERS.AND THE AUDIENCE. THE QUESTION AROSE ON WHETHER OR NOT THE CITY OR THE, COUNTY WAS RESPONSIBLE FOR THE PORTION OF HOLIUTAN ROAD RUNNING WEST OF THIS PROPOSED RE- ZONING. CITY MANAGER TO LOOK INTO THIS MATTER. i i MRS. RIGERMAN EXPLAINED HER RATIONALE FOR VOTING AGAINST THIS ORDINANCE WAS DUE TO THE PLANNER'S RECOMMENDATION THAT THE CITY NEEDED MORE R -1 AND THAT THIS AREA AND THE AREA TO THE SOUTH OF IT IN LAND USE PLAN IS R -1. ALSO, THAT MR. WARREN BOUGHT THE PROPERTY KNOWING THAT THE WEST PORTION WAS R -1. MR. MURPHY ALSO EXPLAINED THAT HE FELT THE CITY NEEDED MORE R -1. VOTE ON THE MOTION ON THE FLOOR FOR APPROVAL OF FIRST READING FAILED UNANIMOUSLY. ORDINANCE NO. 4 -79 FAILED ON FIRST READING. ITEM 2. ORDINANCE NO. 5 -79 REPEALING ORDINANCE NO. 11 -74 CAMIGN EXPENDITURES ST IN . MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE REPEALING ORDINANCE NO. 11 -74 PERTAINING TO THE LIMITATION OF EXPENDITURE OF CAMPAIGN FUNDS ON BEHALF OF CANDIDATES FOR MUNICIPAL OFFICE WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. MURPHY MOVED FOR ADOPTION OF ORDINANCE NO. 5 -79. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 6 -79 AMENDING ZONING ORDINANCE SECTIONS 637.51, 637.87, 37.91 637.92 AND (PERMISSION DISCUSSION FOLLOWED ON UPCOMING AMENDMENTS THAT THE PLANNING AND ZONING BOARD IS WORKING ON AT THIS TIME. MR. LEE MOVED TO TABLE THIS ORDINANCE UNTIL COUNCIL RECEIVES THE ADDITIONAL AMENDMENTS FROM PLANNING AND ZONING. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 3 -6-79 PAGE 2 OF 4 PAGES r + MICROFILMED 4.24.80 ITEM 4. ATTORNEY'S OPINION RE: REVIEW OF LOCAL PLANNIN GENCY S RECO ND TIONS 0 COMMUNITY FACILITY DEVELOPMENT PUN-A-0 COMPREHENSIVE LAN CHAPTERS DISCUSSION FOLLOWED ON REVIEW PROCESS FOR COMPREHENSIVE PLAN. ATTORNEY SCOTT REQUESTED THAT THIS ITEM BE PLACED ON NEXT WORKSHOP AGENDA AND SUGGESTED COUNCIL REQUEST AN EXTEN- SION FOR ADOPTIONIOF THE PLAN. NO ACTION AT THIS MEETING. ITEM 5. MOTION RE: APPROVAL OF PERMIT TO SOUTHERN BELL FOR EXCAVATION OF STMETS FOR INSTALLATION OF ABLE MR. MURPHY MOVED TO GRANT APPROVAL TO SOUTHERN BELL TO CUT STREETS. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. MOTION RE: BUDGETING INTEREST ON ANTI - RECESSION ruffs- MR. LEE MOVED TO BUDGET THE ANTI - RECESSION FUNDS IN THE AMOUNT OF $749.69 TO THE STREET DEPARTMENT - STREET REPAIRS. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MRS. RIGERMAN MOVED TO ADD AN ITEM TO THE AGENDA CONCERN- ING THE PROPERTY KNOWN AS 104 MONROE AVENUE. MR- MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION FOLLOWED ON MR. ALLEN'S MEMO-DATED MARCH 5, 1979 WHICH STATED THAT THE RESIDENTIAL- OFFICE PORTION PLACED AT 104 MONROE IS A LEGITIMATE CUSTOMARY ACCESSORY USE. MR. MURPHY MOVED TO APPEAL THE BUILDING OFFICIAL'S OPINION OF MARCH 5, 1979 TO THE BOARD OF ADJUSTMENT. MRS. RIGERMAN SECONDED MOTION. POINTS DISCUSSED REGARDING THIS APPEAL INVOLVED: NON - CONFORMING USE; PROHIBITED USE C -1 ZONE; INADEQUATE PLANS AND SPECS; PERMIT CALLED FOR NEW STRUCTURE AND A TOP OF CAR WASH; THE FACT THAT CUSTOMARY USE AND THESE TERMS CASE AND CITING SECTION 635.15 THE FLOOR CARRIED UNANIMOUSLY. ATTORNEY SCOTT TO PREPARE USED STRUCTURE WAS PLACED ON IT WAS CALLED A LEGITIMATE "JOULD NOT BE APPLICABLE IN THIS OF ZONING ORDINANCE. MOTION ON THIS APPEAL AND SUBMIT IT FOR COUNCIL'S REVIEW. MR. SCOTT ADVISED COUNCIL THAT APPEAL SHOULD GO BEFORE BOARD OF ADJUSTMENT WITHIN 60 DAYS OF MARCH 5. COUNCIL MINUTES 3 -6 -79 PAGE 3 OF 4 PAGES MICROFILM® DISCUSSION ITEMS: RECENT TRIP TO D.E.R. IN ORLANDO; BRILEY, WILD'S SUGGESTION REGARDING CONVERTING TO AEROBIC DIGESTO.R; BUILDING OFFICIAL'S MEMO ON SOUTHGATE MOBILE HOME PARK AND MEETING WITH HARBOR HEIGHTS RESIDENTS IN APRIL OR MAY RE: STREET REPAIR PROJECT. ATTORNEY SCOTT INFORMED COUNCIL THAT KELLER'S ATTORNEY REJECTED THE SETTLEMENT OFFER OF $750.00. COUNCIL REQUESTED THAT ATTORNEY SCOTT PROCEED WITH THE JR:f,AL. AT 10:17 P.M. MEETING ADJOURNED. APPROVED THIS_ DAY OF 1979. COUNCIL MINUTES 3 -6 -79 PAGE 4 OF 4 PAGES 1 1