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Home My WebLink About07-03-1979 Regular MeetingRA CITY COUNCIL MICROFILMED 4.24 -80 REGULAR MEETING JULY 3, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 3, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR. AT 7:35 P.M. THE ROLL WAS CALLED BY THE DEPUTY CITY CLERK. OFFICIALS PRESENT WERE: MAYOR JOHNSON L. MURPHY, JR.,COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, DEPUTY CITY CLERK BARBARA MERCILLIOTT AND SGT. AT ARMS JOAN HUDEPOHL. THE MINUTES OF THE REGULAR MEETING OF JUNE 19, 1979 WERE APPROVED AS CORRECTED. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 8 -79 AMENDING ZONING ORDINANCE NO. SECTIONS 631. 637.51,' -6!7.73. .03 (SECOND READING) MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: 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 (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); REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MICROFILMED 4 -24 -80 MRS. BOYD MOVED TO APPROVE SECOND READING. MR. RUTHERFORD SECONDED MOTION. MAYOR MURPHY THEN READ THE PROPOSED CHANGE AND DEFINITIONS TO THE ORDINANCE. DISCUSSION FOLLOWED BETWEEN PLANNING AND ZONING BOARD MEMBER JOHN FOSTER IN THE AUDIENCE AND CITIZENS IN ATTENDANCE. ATTORNEY SCOTT SUGGESTED THAT THE PLANNING AND ZONING BOARD REVIEW ORDINANCE NO. 8 -79 AS AMENDED BY COUNCIL AT THIS MEETING. MR. RUTHERFORD MOVED TO APPROVE THE AMENDMENTS AS READ BY MAYOR MURPHY CONCERNING THE DEFINITIONS OF "MOBILE HOME PARKS/ TRAILER PARKS ", "(DWELLING) MOBILE HOME ", THE ADDITIONAL DEFINITION OF "RECREATIONAL VEHICLE ", AND THE CHANGE REGARDING PRINCIPAL USE IN R -3, C -1, AND C -2. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MOTION ON THE FLOOR FOR APPROVAL OF SECOND READING WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MRS. CALVERT, MR. MURPHY AND MR. RUTHERFORD, OPPOSED, MR. LEE. MOTION CARRIED. ORDINANCE 8 -79 PASSED. ITEM 2. RESOLUTION NO. 79 -25 RE: COUNCIL AREAS OF INTEREST (POSTPONED 6-19-79 MEETING MAYOR MURPHY READ THE RESOLUTION IN-FULL ENTITLED:- A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST OF INDIVIDUAL COUNCILMEN; PROVIDING AN EFFECTIVE DATE. ATTORNEY SCOTT THEN ASKED THAT ITEM 4 BE CHANGED TO READ MAYOR JOHNSON MURPHY, JR. INSTEAD OF COUNCILMAN JOHNSON MURPHY. MRS. BOYD MOVED FOR ADOPTION OF THE RESOLUTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY POINTED OUT THAT THESE AREAS OF INTEREST ARE FOR THE PURPOSE OF KEEPING COUNCIL INFORMED AND THAT NO COUNCIL MEMBER HAS THE AUTHORITY TO TAKE ANY ACTION IN THE NAME OF THE CITY ON HIS OWN AS THIS WOULD HAVE TO BE DONE BY A VOTE OF AT LEAST THREE COUNCIL MEMBERS. NEW BUSINESS ITEM 1. ORDINANCE NO. 10 -79 RE: AMENDING ZONING ORDINANCE , S - I ST READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: COUNCIL MINUTES JULY 3, 1979 PAGE 2 OF 5 PAGES WITH ATTACHMENTS 1 1 1 1 1 1 !; !; AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING THE AREA AND DIMENSION REGULATIONS OF THE R -1 ZONING DISTRICT, BY REDUCING THE MINIMUM LOT AREA FROM 10,000 SQUARE FEET TO 7,500 SQUARE FEET; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. LEE MOVED TO APPROVE FIRST READING. MR. RUTHERFORD SECONDED MOTION. MOTION TO APPROVE FIRST READING CARRIED UNANIMOUSLY. MR. LEE FILED A CONFLICT OF INTEREST FORM REGARDING HIS VOTE ON THIS ORDINANCE WHICH IS ATTACHED TO THESE MINUTES. ITEM 2. RESOLUTION NO. 79 -27 RE: APPOINTMENT OF LIBRARY MEMBER BOARD MAYOR MURPHY READ RESOLUTION NO. 79 -27 INSERTING THE NAME OF GINGER ROSE WITH A TERM TO EXPIRE ON JULY 1, 1984. THE TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MAYOR MURPHY MOVED FOR ADOPTION OF THE RESOLUTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. MOTION: CITY ATTORNEY START NEGOTIATIONS WITH PORT RE: SEWER -IN E S MAYOR MURPHY POINTED OUT TO COUNCIL THAT THE QUESTION AROSE AS TO WHETHER THE CITY SHOULD HAVE THE AUTHORITY TO CHARGE TAP -IN FEES AT THE PORT. MAYOR MURPHY ALSO STATED THAT BECAUSE THE PORT IS USING THE CITY'S PLANT AND BECAUSE THE PURPOSE OF CHARGING THE FEES ARE TO PROVIDE MONIES FOR EXPANSION, THEREFORE, ALL NEW PORT TAP -INS SHOULD PAY THE SAME AS CITY COMMERCIAL. MRS. CALVERT MOVED TO AUTHORIZE THAT ATTORNEY SCOTT START NEGOTIATIONS WITH THE PORT REGARDING THIS MATTER. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION: NAMING DELEGATE AND DIRECTOR: TO BREVARD MRS. BOYD EXPLAINED TO COUNCIL THAT SHE HAD ATTENDED A BREVARD LEAGUE MEETING THE PREVIOUS EVENING AND SHE WAS INFORMED BY THE LEAGUE THAT IT WOULD BE NECESSARY FOR HER TO PRESENT A RESOLUTION PASSED BY THE CITY COUNCIL APPOINTING A MEMBER AND AN ALTERNATE MEMBER IN ORDER FOR HER TO VOTE ON MATTERS BEFORE THE LEAGUE. MR. MURPHY MOVED FOR AN ADD ON ITEM. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES JULY 3, 1979 PAGE 3 OF 5 PAGES WITH ATTACHMENTS MICROFILM 4.24 -80 TITLE OF THE RESOLUTION WAS AS FOLLOWS: RESOLUTION NO. 79 -28 A RESOLUTION APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE BREVARD LEAGUE OF MUNICIPALITIES; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION OF THE RESOLUTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. ACCEPTANCE OF RESIGNATION OF PLANNING AND'ZONING BOARD E MAYOR MURPHY READ A LETTER FROM WAYNE RUTHERFORD TENDERING HIS RESIGNATION FROM THE PLANNING AND ZONING BOARD. COUNCIL DECIDED THAT A MOTION WAS NOT NECESSARY. ITEM 6. DISCUSSION RE: CANAVERAL PORT AUTHOR:ITY'S REQUEST SOLICITING C SUPPORT .I.P. LOAN MR. ROSE, REPRESENTING THE PORT AUTHORITY, WAS IN ATTENDANCE TO EXPLAIN TO COUNCIL THAT THE PORT WAS SOLICITING THE CITY'S SUPPORT, IN WRITING, FOR THEIR PROPOSED COASTAL ENERGY IMPACT PROGRAM LOAN. MAYOR MURPHY INSTRUCTED THE CITY COMPOSE A LETTER SUPPORTING THE PORT FOR THIS LOAN. ITEM 7. BUDGET REVISIONS MRS. BOYD MADE MOTION TO ACCEPT THE BUDGET REVISIONS DISCUSSED AT MEETING AND ATTACHED TO THESE MINUTES. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION MAYOR MURPHY READ A LETTER FROM ELAINE HENRY REQUESTING, ON BEHALF OF HOKE FLEET NO. 45, PERMISSION TO DRIVE VEHICLE ON THE BEACH JULY 15, 1979. THIS REQUEST WAS MADE BECAUSE HOBIE FLEET NO. 45 IS SPONSORING A BOAT RACE IN CONJUNCTION WITH THE REACH ON THE BEACH FESTIVITIES SCHEDULED FOR THAT DAY. MAYOR MURPHY INSTRUCTED CITY MANAGER TO WRITE A LETTER STATING THEY WILL BE ALLOWED ON THE BEACH, JULY 15. MRS. BOYD MOVED FOR AN ADD ON ITEM FOR THE PURPOSE OF CONSIDERING A RESOLUTION REQUESTING E.P.A. DELAY ITS CONSIDERATION OF THE CANCELLATION OF THE 201 PLAN FOR BREVARD COUNTY. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES JULY 3, 1979 PAGE 4 OF 5 PAGES WITH ATTACM ENTS , i- 1 1 M ICROI' ILMED 4 -24 -80 MAYOR MURPHY READ THE RESOLUTION NO. 79 -29 ENTITLED: A RESOLUTION REQUESTING ENVIRONMENTAL PROTECTION AGENCY TO DELAY ITS CONSIDERATION OF THE CANCELLATION OF THE BREVARD COUNTY 201 PLAN FOR A PERIOD OF NINETY DAYS; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION OF THE RESOLUTION. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY MOVED TO ADJOURN AT 9:35 P.M. MRS. BOYD SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 17 DAY OF JULY 1979. COUNCIL MINUTES JULY 3, 1979 PAGE 5 OF 5 PAGES WITH ATTACHMENTS \ ,._ _ - �..w.. �.y..�. -.. � „c �4��im�-- brswi(:. isay. g,. .uwsffinea.^.`m�ri!3ws:➢2t.�.a..w �,...r G- - .vo. >v..n.�. ..��."...x,....v. :... .v.. - .wro.n...... _ - .._...� MICROFILMED 4 -24 -80 GENERAL FUND - BUDGET REVISIONS PLANNING & ZONING 001 - 515 -12 Salaries 250.00 001- 515 -21 FICA 20.00 '001 - 515 -47 Printing & Publishing 100.00 001- 515 -492 Property Searches 150.00 --001-584-99 Contingency. 520.00 001 -516 -495 Covet Collection Expenses 2,500.00 .� 001 - 584 -99 Contingency 2,500.00 001- 52112 Crossing Guard Salaries 1,250.00 A .001- 521 -21 FICA• 65.00 , 001- 521 -45 Gen. Ins, (Police Bldg.) 618.00 ` 001.- 584 -99 Contingency 1$933.00 • ALL OTHER DEPApMENTS ARE WITHIN THEIR TOTAL BUDGET ALLOCATION. NOT NECESSARY TO ADJUST INDIVIDUAL LINE ITEMS, • ATTACHMENT To 7 -3 -79 MINUTES i 4- 7 MICROFILMED 4 -24 -50 'SEWER DEPARTMENT-'BUDGET REVISIONS 401 X525 12 Salary ; 2,100.00 403 -- 525 --22 FSCA 400.00 401- 525c22 Pension 2 P995. 00 401525;3132 Engineering 8,000.06 4QZ •525 --314 Physicals 760.00 401- 525�47 Pr.rnting & Publishing 223.00 401cv525- -633* Capital Ttems 5,800.00 ,�. 402-525 -99 Contingency (Z 8,608.00) LpcludeS $ 3,000.00 for truck and $ 800 ..00 for pump. ,1d Zz1- ?`-e j ' Z- .JVOTE: Communicator to be paid from R & R Fund. ff Dlgestor cleaning & conversion from Expansion Fund. .3s7 - I ATTACHMENT TO 7-3 -79 MINUTE II VICROFILMED FORM 4 MEMORANDUM OF- VOTING CONFLICT PART A 4 -24 -80 A VATEON WHICH VOTE OCCURRED: Name: ' - % � /�-� Telephone 6�LS)_7934,6,;t3 (LAST) (FIRST) (MIDDLE) (A/C) (NUMBER) Address: 02 7�,� �a � � �i /id' 1� ARlic e9 (STREET) -t (CITY) '(ZIP CODE) (COUNTY) PART B Agency is a unit of [check one] : ( ) State of Florida; (D<) County, City or other Political Subdivision Name of Agency: Ci 7Y O 6&,04-, � �� ,4A° 9 ,4jV CR*, Position held in Agency: e j6t AJQL- I P?IQ PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 1123143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: "A)6i1J& _ri� W /%'K UK 4,0T S l Z — l ® ®oo r 7—D ,7,5-oo szq Er. 6RP /A */JC9 /® —79' 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: 7-,-7" "164– - F�f�GC A�l S 0RP/ A) 3. Person or principal to whom the special gain described above will inure: a. (N Yourself b. ( ) Principal by whom you are retained: PART D FILING INSTRUCTIONS (NAME) This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises: if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART NATURE OF PEI DISCLOSING 7/3/ -7Y DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 111/77 ATTACHMENT TO 7 -3-•79 MINUTES