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HomeMy WebLinkAboutMinutes 04-20-1982CITY COUNCIL REGULAR MEETING APRIL 20, 1982 A REGULAR MEETING OF. THE CITY COUNCIL OF THE .CITY OF CAPE CANAVERAL, FLORIDA I4AS HELD ON APRIL 20, 1982 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR J.L. MURPHY, JR. AT 7:31PM. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYORJ.L. MURPHY, JR.', COUNCIL MEMBERS J. CALVERT, L. HARRIS, L.C. NICHOLAS AND W. RUTHERFORD; CITY ATTORNEY/MANAGER J. SCOTT AND CITY CLERK P. BEAULIEU. MR. RUTHERFORD MOVED TO APPROVE THE MINUTES OF APRIL 6, 1982.. MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. ORDINANCE N0. 3-82 RE: AMENDING TAXI REGULATIONS CODE CHAPTER 5 SECOND READIN D B IC HEARING POSTPONED ON APRIL z)- MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS; AN ORDINANCE PROVIDING FOR RULES AND REGULATIONS GOVERNING THE OPERATION OF TAXICABS AND VEHICLES FOR HIRE WITHIN THE CITY LIMITS OF CAPE CANAVERAL, FLORIDA; ESTABLISHING PENALTIES FOR VIOLATION OF SAME; REPEALING ALL PORTIONS OF THE IN FLICT HEREWITH; PROVIDING AN EFFECTIVEDDATE,CON- MRS. CALVERT MOVED. TO APPROVE SECOND READING. MR. RUTHERFORD SECONDED MOTION. MAYOR MURPHY REQUESTED THAT CITY ATTORNEY SCOTT EXPLAIN THE PERTINENT POINTS OF THIS ORDINANCE. MBI. SCOTT EXPLAINED THAT THIS ORDINANCE WOULD REQUIRE THAT. THE TAXI COMPANIES MAINTAIN THEIR DRIVERS TO BE NON FELONS WITHIN THE PAST FIVE YEARS. CHAUFFEUR'S LICENSE MUST BE POSTED IN THE TAXI CAB ITSELF. HE ALSO NOTED THE FEE HAD BEEN RAISED FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.MD2. SCOTT EXPLAINED THAT THE CITY IS NO LONGER PERMITTING THE DRIVERS. MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. ORDIIIANCE ADOPTED. CITY COUNCIL MINUTES APRIL 20, 1982 PAGE 1OF.6 ITEM 2. ORDINANCE N0. 5-82.RE: SIGN CODE Ck1APTF.R653 'IRST READING AND P BLIC HE BIN 0 TPONED MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE REPEALING CHAPTER 653 "SIGN CODE", AND SUBSTITUTING, THEREFORE, IN ITS ENTIRETY, .CHAPTER 653 "SIGN CODE"; ESTABLISHING RULES AND REGULATIONS REGARDING SIGN CONSTRUCTION, SIGN PERMITS AND TYPES OF SIGNS ALLOWED; HEREWITH; PROVIDING AN EFFECTIVE CE IN ONFLICT DATE. MRS. CALVERT MOVED TO APPROVE FIRST READING. MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. FIRST READING APPROVED. ORDINANCE N0, 6-82 RE: SEIdER IMPAC AS 5PIGNT ITEM 3. YR .5 • LATIO S, lE N 6 S nmmDFA IN AND FUISLlu —1—G7 MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE AMENDING CODE CHAPTER 535 "SEWER IMPACT ASSESSMENT" OLORIDACITY CODE DINOFSTHE CITY OF CAPE CANAVERAL, ON 535.06 "REFUNDING ASSESSMENT FEES"; REPEALING ALL PPORTIOF ONS AN. THE CODE IN CONFLICT HEREWITH; By MRS. HARRIS MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. IT WAS E%PLAINED THAT THIS ORDINANCE WOULD AUTHORIZE THE COUNCIL TO CONSIDER REFUNDING A SEWER ASSESSMENTFF.E. ARECENT REQUEST FOR A REFUND FROM A CONTRACTOR WHO HAD PAID $550.00 PER DWELLING UNIT HAD PROMPTED THE ORDINANCE. IT WAS NOTED THAT IF THIS CONTRACTOR'S ASSESSMENT FEE WAS REFUNDED AND PAID AT A LATER DATE, IT WOULD BE AT THE NEWLY ESTABLISHED FEE OF $1,400.00 AND WOULD BENEFIT THE CITY. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION CARRIED UNANIMOUSLY. .ORDINANCE NO. 6-82 ADOPTED ON SECOND READING. NEW BUSINESS ITEM 1. MOTION RE: BID FOR FIRE DEPARTMENT THE CITY HAD ADVERTISED FOR THE VOLUNTEER FIRE DEPARTMENT'S RESCUE TOOL BIDS 1411ICII WERE OPENED ON APRIL 5, 1982. THE BID TABULATION SHEET WAS AS FOLLOWS: CITY COUNCIL MINUTES APRIL 20, 1982 PAGE 2 OF 6 LIRE rIGHTHRS FQUIPNENT COAIPAPIY HURST POWER RESCUE TOOL, MODEL 26 (RESCUE TOOL AND ONE SET OF JAWS, CAGE MOUNTED POWER UNIT, 4 -CYCLE, HYDRAULIC FLUID, CHAIN AND SHACKLES, MODEL "0" CUTTER, HOSES, TRAINING....................:...........$5,190.00 FOUNTAIN FIRE & SAFETY EQUIPMENT LUKAS RESCUE TOOL - MODEL B101 POWER UNIT, MODEL 48B SPREADER, MODEL 22A CUTTER, TRAINING ... $9,100.00 SPECIAL SERVICE .& SUPPLY, INC. "ALTERNATE EQUIPMENT" - "BOSS" RESCUE SPREADER, MODEL C-2 "COME -A -LONG" AND MODEL C-1 PULL CHAINS (TO PULL STEERING COLUMNS AND SEATS), MODEL C-10 CUTTING GUN, TRAINING $3,200.00 IT WAS NOTED THAT SPECIAL SERVICE & SUPPLY, INC. BID ($3,200.00 INCLUDING TRAINING) DID NOT MEET THE SPECIFICATIONS. MAYOR MURPHY MOVED TO ACCEPT THE BID FOR $5,190 FOR THE. HURST P014ER RESCUE TOOL, MODEL 26, MRS. CALVERT SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 7-82 RE: AMENDING CODE CHAPTER 72.1 OCCUPATIONAL LICENSE FEE •IRST READING AND A PUBLIC HEARIN MAYOR MURPHY READ THE TITLE OF. THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 721 "OCCUPATIONAL LICENSES" OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROVIDING FOR THE OCCUPATIONAL LICENSE FEE FOR TAXIS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWTTH; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED TO APPROVE FIRST READING. SIR. RUTHERFORD SECONDED NOTION. DISCUSSION FOLLOWED. HUTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 3. ORDINANCE NO. 8-82 RE: AMENDING ZONING CODE CHAPTER 631.01BY AMENDINGDFFINITIONS 0 HOTEL AND MOTEL; REGULATING I' E B R 0 ICIER Y R00,1S IN HOTELS AND MOTM-9= ERMISSION TO ADVERTISE) .ATTORNEY SCOTT INFORMED COUNCIL THAT AFTER PERMISSION TO ADVERTISE WAS GRANTED BY COUNCIL, THIS ORDINANCE WOULD GO TO THE PLANNING AND ZONING BOARD IOR THEIR APPROVAL. ILIYOR MURPHY MOVED TO APPROVE ADVERTISING OF ORDINANCE 8-82. MRS. CALVERT SECONDED. MOTION CARRIED UNANIMOUSLY. ITEtl 4 RESOLUTION NO. 82-22 RE: AUTHORIZATION FOR STATE DEPARTMENT OF 13ANKING ANDFINANCE0 I E T NS •ER ENUE SHARING FUNDS MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOUS: CITY COU14CIL MINUTES APRIL 20, 1982. PACE 3 OF 6 A RESOLUTION APPROVING AND AUTHORIZING THE DEPARTMENT OF BANKING AND FINANCE OF THE STATE OF FLORIDA IN ACCORDANCE WITH 517.075, FLORIDA STATUTES AND THE FLORIDA DEPARTMENT OF REVENUE IN ACCORDANCE WITH RULE 12-M 09(F.A.C.) TO DESIGNATE A BANK TO RECEIVE THE REVENUE SHARING STATE WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO WIRE TRANSFER SAID REVENUE SHARING FUNDS TO A BANK DESIGNATED BY THE CITY OF CAPE CANAVERAL TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE DEPARTMENT OF BANKING AND FINANCE OF THE STATE. OF FLORIDA AND THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT .THE COST OF THE WIRE TRANSFER FROM THE AMOUNT RECEIVED FOR TRANSFER. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. DISCUSSION FOLLOWED REGARDING THE FACT THAT A BANK IJAS NOT DESIGNATED IN THE RESOLUTION. IT WAS NOTED THAT A RESOLUTION WOULD BE FOLLOWING IN THE FUTURE FOR THAT PURPOSE. MOTION CARRIED UNANIMOUSLY. ITEM 5. RESOLUTION NO. 82-23 RE: AUTHORIZATION TO SIGN SEWER EXPANSION CONTRACT MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR AND CITY 'CLERK OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH W.E.D.CONTRACTORS, INC. FOR THE CONSTRUCTION OF THE POLLUTION CONTROL FACILITY EXPANSION. MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. DISCUSSION FOLLOWED REGARDING THE SEWER CONSTRUCTION BOND ISSUE. ATTORNEY SCOTT INFORMED COUNCIL THAT 14}IE14 THE. CITY'S FINANCIAL ADVISOR FELT THE CITY .COULD GET INTO THE ISSUE AT THE BEST INTEREST RATE, THE CITY WOULD PROCEED. MR. SCOTT NOTED THE LATEST TIME ESTIMATE WAS SOME TIME IN THE SUMMER. IT WAS ALSO NOTED THAT THE CITY HAD EIGHTEEN (18)MONTHS FROM DECEMBER OF 1981 TO PROCEED. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION 82-23 WAS AS FOLLOWS: IN FAVOR J. CALVERT, L. HARRIS,. MAYOR MURPHY, W. RUTHERFORD. OPPOSED - L. NICHOLAS. MOTION FOR ADOPTION CARRIED. ITEM 6. RESOLUTION NO. 82-24 RE: ESTABLISHING NEW TE SCHEDULES FOR GARBAGE MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: CITY COUNCIL MINUTES APRIL 20, 1982 PAGE 4 OF 6 A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION 14ITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. DB2. NICHOLAS SECONDED MOTION. DISCUSSION FOLL014ED REGARDING BILLING CHARGES AND ALSO THE POSSIBILITY OF BILLING FOR GARBAGE AND SEWER EVERY T140 MONTHS. VOTE ON THE NOTION ON THE FLOOR WAS AS FOLLOWS:. IN FAVOR - L. HARRIS, MAYOR MURPHY, L. NICHOLAS AND W. RUTHERFORD. OPPOSED J. CALVERT. MOTION FOR ADOPTION CARRIED. ITEM 7. RESOLUTION N0: 82-25 RE: ESTABLISHING ADMINISTRATIVE Eh CHARGES FOR MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ESTABLISHING AN ADMINISTRATIVE CHARGE FOR PROCESSING ANY REFUNDS FROM THE SEWER IMPACT ASSESSMENT FEE PURSUANT TO SECTION 535.06 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. i•lR: RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED .MOTION. MOTION .CARRIED UNANIMOUSLY. ITEM 8. MOTION RE: AUTHORIZATIONTO RELEASE CONTRACTOR'S BOND - UUNE CROSSOVER RO DB2. SCOTT REQUESTED THIS ITEM BE POSTPONED DUE TO THE FACT THAT HE HAD A REPORT REGARDING PROBLEMS 14ITH THE CROSSOVER STEPS. MAYOR MURPHY MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT MEETING. .MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY ;•LOVED TO ADD TWO ITEMS TO THE AGENDA, COVERING TRANSFERS AND RESOLUTION N0: 82-26 RE: REIMBURSE?TENT OF DUNE CROSSOVER MONIES.I-IRS. HARRIS SECONDED MOTION. MOTION TO ADD THE TI -10 ITEMS TO THE AGENDA CARRIED UNANIMOUSLY• MAYOR MURPHY EXPLAINED THAT THE CITY HAD TO TRANSFER $100.00 FROM GROUP INSURANCE (001-524-23) TO GENERAL INSURANCE (001-524-45) TO PAY VEHICLE INSURANCE FOR THE BUILDING OFFICIAL'S CAR. MAYOR MURPHY MOVED TO APPROVE TRANSFER. MRS. CALVERT SECONDED MOTION. NOTION CARRIED UNANIMOUSLY. CITY COUNCIL MINUTES APRIL 20, 1982 PAGE OF 6 ,MAYOR MURPHY READ THE TITLE OF RESOLUTION NO. 82-26 AS FOLLOWS: A RESOLUTION REQUESTING STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, TO REIMBURSE THE CITY OF CAPE CANAVERAL, FLORIDA FOR EXPENDITURES MADE FOR THE DUNE CROSSOVER PROJECT BY THE CITY; PROVIDING AN EFFECTIVE' DATE. MAYOR MURPHY MOVED FOR ADOPTION OF.RESOLUTION 82-26. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION ITEMS INCLUDED: REQUEST TO CITY MANAGER TO I ACKNO14LEDGE APPLICANTS FOR BOARD OF ADJUSTMENT AND APPEALS; BEACH CLEANING PROJECT; TRANSFER OF DETECTIVE'SVEHICLE FROM SHERIFF'S OFFICE TO CITY; FLOOD INSURANCE ORDINANCE; GROUND- BREAKING CEREMONY FOR SE14ER PLANT; ANNOUNCEMENT OF UPCOMING SPECIAL WORKSHOP ON THURSDAY, APRIL 22, 1982 AT 7:0OPM FOR REVIEW OF ZONING AMENDMENTS; OFFER FROM RESIDENT IN THE AUDIENCE, DICK STAFFORD, TO LOOK INTO COSTS OF THE .CITY RETURNING TO ITS OWN POLICE PROTECTION AND MR. SCOTT'S REPORT ON CONGRESSMAN NELSON'S ASSISTANCE ON SHUTTLE TRAFFIC PROBLEMS. THERE. BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 8:39PM. APPROVED. THIS `l. DAY OF 1982. CIT7 LERK --! CITY COUNCIL MINUTES APRIL 20, 1982, PAGE 6 OF.6 0