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Home My WebLink About06-19-1979 Regular MeetingLI 1 MICROFILMED 4 -24 -80 CITY COUNCIL REGULAR MEETING JUNE 19, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JUNE 19, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:36 P.M. INVOCATION WAS OFFERED BY MR. F. L. MURPHY. PLEDGE OF ALLEGIANCE WAS LED BY MAYOR THURM. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS PHYLLIS NELSON. THE MINUTES OF THE REGULAR. MEETING OF JUNE 5, AND SPECIAL MEETING OF JUNE 11, 1979 WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 8 -79 AMENDING ZONING ORDINANCE 0. 10-75, SECTIONS 631.01,' 637.43, 637.51$ 637.73-i 63 7.75, 7. , 7.92 (FIRST AND 638.03 IN MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS: ORDINANCE NO. 8 -79 AN ORDINANCE AMENDING ZONING REGULATIONS OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING THE DEFINITION FOR "MOBILE HOMES" AND BY ADDING A DEFINITION FOR "MOBILE HOME PARKS" (SECTION 631.01); BY ADDING "EXISTING MOBILE HOME PARKS" AS A PRINCIPAL USE IN THE R -3 ZONING DISTRICT (SECTION 637.43); BY INCREASING THE MAXIMUM LOT COVERAGE FOR MULTIPLE FAMILY, OFFICES, CHURCHES, AND HOSPITALS IN THE R -3 ZONING DISTRICT (SECTION 637.51); BY REDUCING THE FRONTAGE AND DEPTH OF MINIMUM LOT SIZE IN THE MH -1 ZONING DISTRICT (SECTION 637.73); BY ELIMINATING CERTAIN SPECIFICATIONS FOR OFF STREET PARKING IN THE MH -1 ZONING DISTRICT (SECTION 637.75); BY ADDING "EXISTING MOBILE HOME PARKS" AS A PRINCIPAL USE FOR THE C -1 ZONING DISTRICT (SECTION 637.83); BY ADDING "SINGLE FAMILY AND DUPLEXES" AS A SPECIAL EXCEPTION PERMITTED BY THE BOARD OF ADJUSTMENT IN THE C -1 ZONING DISTRICT (SECTION 637.87); BY INCREASING THE MAXIMUM LOT COVERAGE FOR MULTIPLE FAMILY DWELLINGS IN THE C -1 ZONING DISTRICT (SECTION 637.91); BY ADDING AREA AND DIMENSION REGULATIONS AND MINIMUM SETBACK REQUIREMENTS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS IN THE C -1 ZONING DISTRICT (SECTION 637.92); AND BY ADDING "EXISTING MOBILE HOME PARKS" AS A PRINCIPAL USE IN THE C -2 ZONING DISTRICT (SECTION 638.03); RE- PEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MICROFILMED 4 -24 -80 40 . MRS. BOYD MOVED TO APPROVE FIRST READING, MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DEFINITIONS REGARDING THIS ORDINANCE WERE DISTRIBUTED TO COUNCIL BY ATTORNEY SCOTT. MAYOR THURM INFORMED THOSE IN ATTENDANCE THAT THIS ORDINANCE WOULD BE DISCUSSED FURTHER AT THE NEXT WORKSHOP PRIOR TO SECOND READING. ITEM 2. ORDINANCE NO. 9 -79 AMENDING CODE CHAPTER 351.06 L AND CODE RE:' D cDVAnTWr MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CHAPTER 351, PERSONNEL POLICY, OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ESTABLISHING MAXIMUM TIME PERIODS FOR THE HANDLING OF COMPLAINTS AND GRIEVANCES, BY AMENDING CHAPTER 361, ADMINISTRATIVE REVIEW, BY ESTABLISHING MAXIMUM TIME PERIODS FOR FINAL DETERMINATION FOR ADMINISTRATIVE REVIEW JUDGE, BY REPEALING ALL SECTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 79 -21 RE: ACCEPTING PORT SEWER MAIN LINES AND APPURTENANCES MAYOR THURM READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ACCEPTING A SANITARY SEWER SYSTEM INSTALLED AND CONSTRUCTED IN THE PORT CANAVERAL AREA AND ACCEPTING THE UTILITIES MAINTENANCE EASEMENT GIVEN BY THE CANAVERAL PORT AUTHORITY, PURSUANT TO THE SEWER FRANCHISE AGREEMENT WITH THE CANAVERAL PORT AUTHORITY; PROVIDING AN EFFECTIVE DATE. MAYOR THURM MOVED FOR ADOPTION OF THE RESOLUTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ATTORNEY SCOTT POINTED OUT THAT WITH THE ADOPTION OF THIS RESOLUTION, THE CITY WAS RESPONSIBLE FOR EXPENSES OF MAINTAINING PORT SEWER LINES WHICH WERE WITHIN THE EASEMENT REFERRED TO IN THE RESOLUTION. DISCUSSION FOLLOWED ON THE POSSIBILITY OF TAP IN FEES FOR THE FUTURE PORT USERS. IT WAS SUGGESTED THAT THIS ITEM BE PLACED ON THE NEXT WORKSHOP AGENDA. ITEM 4. MOTION RE: AUTHORIZATION FOR ADDITIONAL SEWER PLANT PERSONNEL AND VEHICLE MAYOR THURM MOVED TO AUTHORIZE CITY MANAGER TO HIRE TWO ADDITIONAL PERSONS FOR THE SEWER PLANT AND MR. WALTEMIRE TO LOOK FOR A USED TRUCK FOR THE SEWER PLANT. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES JUNE 19 1979 WAGE 2-6F 4 PAGES MICROFILMED 4 -24 -80 h i AT THIS TIME, MAYOR THURM STEPPED DOWN FROM THE CHAIR. NEW BUSINESS ITEM 1. OATH OF OFFICE FOR MAYOR THE CITY CLERK ADMINISTERED THE OATH OF OFFICE TO MAYOR JOHNSON L. MURPHY, JR. MAYOR MURPHY THEN ASSUMED THE CHAIR. AT THIS TIME, MAYOR MURPHY PRESENTED A PLAQUE TO MRS. THURM IN APPRECIATION FOR HER YEARS OF SERVICE TO THE CITY BOTH AS MAYOR AND COUNCIL MEMBER AND AS RECREATION BOARD CHAIRMAN. MAYOR MURPHY THEN READ A PROCLAMATION HONORING MRS. THURM FOR HER OUTSTANDING SERVICE TO THE COMMUNITY AND PROCLAIMING WEDNESDAY, JUNE 20, 1979 AS ANN H. THURM DAY. ITEM 2. RESOLUTION NO. 79 -23 ELECTING COUNCIL MEMBER 0 FILL VAC Y MAYOR MURPHY EXPLAINED THAT THE CITY HAD RECEIVED TWO LETTERS FROM CITIZENS EXPRESSING A DESIRE TO FILL THE VACANT COUNCIL SEAT, HOWEVER, ONE LETTER HAD BEEN WITHDRAWN. MAYOR MURPHY PROCEEDED TO READ A LETTER FROM MR. WAYNE RUTHERFORD. MAYOR MURPHY PLACED MR. RUTHERFORD'S NAME IN NOMINATION AND MOVED THAT COUNCIL APPOINT HIM TO FILL THE VACANCY, MR, LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ELECTING A SUCCESSOR COUNCIL MEMBER TO SERVE FOR THE REMAINDER OF THE TERM OF OFFICE OF MARILYN A. RIGERMAN; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED FOR ADOPTION. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THE CITY CLERK ADMINISTERED THE OATH TO MR. RUTHERFORD. COUNCILMAN RUTHERFORD THEN ASSUMED HIS SEAT. ITEM 3. RESOLUTION NO. 79 -24 ELECTING MAYOR PRO -TEM MRS. CALVERT NOMINATED LAVERNE BOYD. THERE BEING NO FURTHER NOMINATIONS, MAYOR MURPHY PROCEEDED TO READ THE RESOLUTION IN FULL INSERTING THE NAME OF LAVERNE C. BOYD AS MAYOR PRO -TEM. MR. LEE MOVED FOR ADOPTION OF RESOLUTION NO. 79 -24. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES JUNE 19, 1979 PAGE 3 OF 4 PAGES MICROFILMED 4.24 -80 r ITEM 4. RESOLUTION NO. 79 -25 COUNCIL AREAS OF INTEREST MAYOR MURPHY MOVED TO POSTPONE THIS RESOLUTION UNTIL NEXT COUNCIL MEETING. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 79 -26 APPOINTING PLANNING AND ZONING BOARD MEMBER MAYOR PRO -TEM READ A LETTER FROM MELVIN L. ARBOGAST REQUESTING APPOINTMENT TO THE PLANNING AND ZONING BOARD. MAYOR MURPHY READ THE RESOLUTION IN FULL INSERTING THE NAME OF MELVIN L. ARBOGAST WITH A TERM TO EXPIRE ON SEPTEMBER 15, 1980. MRS. CALVERT MOVED FOR ADOPTION OF RESOLUTION NO. 79 -26. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY MOVED TO ADJOURN AT 8:47 P.M. MRS. BOYD SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 3RD DAY OF JULY , 1979. }. OR 1 COUNCIL MINUTES JUNE 19, 1979 PAGE 4 OF 4 PAGES 1