HomeMy WebLinkAboutMinutes 05-18-1982CITY COUNCIL
REGULAR MEETING
MAY 18, 1982.
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA WAS HELD ON MAY 18, 1982 AT CITY HALL,
105POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO,ORDER 'BY MAYOR J.L. MURPHY, JR.
AT 7:30PM.
THE, ROLL WAS CALLED BY THE CITY CLERK. .OFFICIALS PRESENT
WERE: MAYOR J.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 MAY 4, 1982.
MRS. HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 9-82' RE: SIGN CODE CHAPTER 653
AND ESTABLISHMENT OF SIGN CODE ENFORCEMENT
BOARDSECOND READING AND PUBLIC HEARING)
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, ESTABLISHING
A .CODE ENFORCEMENT. BOARD; PROVIDE PENALTIES;
DETERMINE MEMBERS OF THE CODE' ENFORCEMENT BOARD;,
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION.
MAYOR MURPHY EXPLAINED THAT THIS WAS.A CLEANED UP VERSION
OF THE EXISTING ORDINANCE WITH THE MAJOR CHANGE BEING THE
ESTABLISHMENT. OF A CODE ENFORCEMENT BOARD AS PROVIDED FOR IN
FLORIDA STATUTES.
ATTORNEY SCOTT WAS ASKED IF THERE WERE ANY DETAILS BEHIND
,THE CHANGES MADE IN THIS ORDINANCE THAT COUNCIL SHOULD BE MADE
AWARE OF. HE SAID THAT ,THERE WERE NO SPECIFIC DETAILS, BUT DID
EXPLAIN THE REASONING BEHIND TUE CHANGES.
COUNCIL I•IICIRFS
5-18-82
PAGE 1 OF 5.
In
IN ANSWER TO MAYOR MURPHY'S QUESTION REGARDING EXISTING
,SIGNS UNDER THE GRANDFATHER CLAUSE, MR. SCOTT EXPLAINED THAT
15 YEARS WAS THE LENGTH OF TIME EXISTING SIGNS COULD REMAIN
UNCHANGED UNDER THE TERMS OF THE ORDINANCE.
A QUESTION WAS RAISED AS TO WHETHER PERMITS FOR TEMPORARY
SIGNS WOULD ALSO BE REFERRING TO PORTABLE SIGNS. MR. SCOTT
EXPLAINED THAT PORTAOLE SIGNS WERE NOT ALLOWED AND GAVE AN
EXAMPLE OF A TEMPORARY SIGN AS THE TYPE. OF SIGN USED TO ANNOUNCE
THE. UPCOMING OPENING OF A NEW BUSINESS.
THERE WAS FURTHER DISCUSSION REGARDING SIGN PERMIT FEES AND
THE METHOD OF MEASURING DIFFERENT TYPES OF SIGNS TO ESTABLISH
AN INSPECTION FEE.
THE QUESTION OF POLITICAL SIGNS (CAMPAIGN SIGNS) WAS RAISED
BY .MRS. CALVERT. SHE STATED THAT SOME CITIES CHARGE A, DEPOSIT.
ON POLITICAL SIGNS TO INSURE THAT THEY ARE REMOVED AFTER ELECTIONS
.AND NOT ABANDONED AS HAS HAPPENED IN THE PAST. MRS. CALVERT
FELT THE SUBJECT OF DEPOSIT FOR THESE TYPE SIGNS SHOULD BE LOOKED
INTO.
AT THIS TIME MR. NICHOLAS STATED. THAT HE HAD QUITE A FEW
COMMENTS ON THIS SIGN CODE AND FELT THAT IT SHOULD BE DISCUSSED
IN MORE DETAIL BEFORE FINAL ADOPTION.
'MR. NICHOLAS MADE A MOTION, TO POSTPONE ACTION ON THIS
ORDINANCE UNTIL THE NEXT REGULAR COUNCIL MEETING. MAYOR MURPHY
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 10-82 RE: AMENDING CODE CHAPTER 211
RE: ELECTION QUALIFYING PERIODS(SECOND READING
AND PUBLIC HEARING
MAYOR MURPHY READ. THE TITLE OF THE ORDINANCE, AS FOLLOWS:
AN ORDINANCE. AMENDING CODE CHAPTER 211,
"ELECTION PROCEDURE", OF THE CITY CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA BY
ESTABLISHING THE QUALIFYING PERIOD FOR THE
QUALIFICATION OF CANDIDATES FOR THE OFFICES
OF MAYOR AID CITY COUNCIL; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED
MOTION. ,MOTION CARRIED UNANIMOUSLY.
COUNCIL MINUTES
5-18-82
PAGE 2 Or 5
NEW BUSINESS
ITEM 1. ORDINANCE NO. 8-82 RE: AMENDING CODE CHAPTER 631.01
BY AMENDING DEFINITIONS OF HOTEL AND MOTEL; REGULATING
THE NUMBER OF EFFICIENCY ROOMS IN HOTELS AND MOTELS
TO 8. FIRST READING AND PUBLIC HEARING
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE, AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 631 OF THE CODE OF
THE CITY OF CAPE CANAVERAL ENTITLED "ZONING CODE"
BY AMENDING SECTION 631.01, "DEFINITIONS", BY
LIMITING THE NUMBER OF EFFICIENCY UNITS IN HOTELS
AND MOTELS TO A MAXIMUM OF 258 OF THE TOTAL NUMBER
OF UNITS; REPEALING ALL PORTIONSOF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
MRS. CALVERT MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION.
MRS. HARRIS FELT THIN WE SHOULD AMEND THE ORDINANCE TO
REFLECT THE PERCENTAGE OF EFFICIENCIES ALLOWED TO BE PER BUILDING
RATHER THAN OF THE TOTAL NUMBER OF UNITS. FURTHER DISCUSSION
FOLLOWED.
MRS. HARRIS MADE A MOTION TO AMEND THE TITLE OF ORDINANCE
NO. 8-82 TO READ, "--BY LIMITING TUE NUMBER OF EFFICIENCY UNITS
IN HOTELS AND MOTELS TO A MAXIMUM OF 258 OF THE TOTAL NUMBER OF
UNITS PER BUILDING--"; MR. RUTHERFORD SECONDED.MOTION CARRIED UNANIMOUSLY.'
MAIN MOTION ON THE FLOOR CARRIED UNANIMOUSLY. FIRST READING
OF ORDINANCE NO. 8-82 WAS APPROVED.
ITEM 2.' RESOLUTION NO. 82-.30 RE: PAYMENT OF SEWER
CONSTRUCTION. BILLS
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR AND THE
DEPUTY TREASURER TO EFFECTUATE DOCUMENTS
AND SIGN CHECKS IN ORDER TO PROVIDE PAYMENT
FOR INVOICES RESULTING FROM TUE SEWER PLANT
'EXPANSION PROJECT; PROVIDING AN EFFECTIVE
DATE.
MR. NICHOLAS MOVED FOR ADOPTION. HIR. RUTHERFORD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION NO. 82-31 RE: APPOINTMENT OF
PLANNING AND ZONING BOARD MEMBER
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION APPOINTING'A MEMBER TO THE
PLANNING AND ZONING BOARD; PROVIDING AN
EFFECTIVE DATE.
COUNCIL MINUTES
5-18-82
PAGE 3 or 5.
MR. RUTHERFORD MOVED FOR. ADOPTION. MR. NICHOLAS SECONDED
MOTION.
VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS:
IN FAVOR - MRS. CALVERT, MAYOR MURPHY, MR. RUTHERFORD, MR.
NICHOLAS. OPPOSED - MRS. HARRIS. MOTION CARRIED,
ITEM 4. RESOLUTION N0. 82-32 RE: AWARDING SEWER
CONSTRUCTION INSPECTION SERVICES CONTRACT
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE A PROPOSAL FROM
BRILEY, WILD AND ASSOCIATES, INC. FOR PROVIDING
RESIDENT INSPECTION SERVICES FOR THE SEWER
TREATMENT PLANT EXPANSION PROJECT; PROVIDING
AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MAYOR MURPHY SECONDED
MOTION.
VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS:
IN FAVOR - MRS. CALVERT, MRS. HARRIS, MAYOR MURPHY, MR. RUTHERFORD.
OPPOSED - MR. NICHOLAS. MOTION CARRIED
ITEM 5. MOTION RE: AUTHORIZATION FOR STREET RE -SURFACING
AFTER DISCUSSION REGARDING THE PROPER PROCEDURES TO FOLLOW.
ON A PROJECT OF 'PHIS MAGNITUDE, MAYOR MURPHY MADE A MOTION TO
AUTHORIZE TO PROCEED WITH RESURFACING OF CENTRAL, SURF, A PORTION
OF CIRCLE AND A PORTION OF RIDGEWOOD. MRS. HARRIS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 1. MOTION RE: REQUEST OF TUCK ENTERPIZI SES, INC.
'PO REFUND SEWER IMPACT ASSESSMENT FEE
MAYOR MURPHY READ THE LETTER FROM TUCK ENTERPRISES,. INC.
DATED 5/14/82. (SUBJECT LETTER IS ATTACHED TO THESE MINUTES FOR
THE RECORD.)
MR. RUTHERFORD MOVED TO REFUND THE IMPACT FEE TO TUCK
ENTERPRISES, INC. AS REQUESTED. MR. NICHOLAS SECONDED MOTION.
MRS. CALVERT ASKED IF THE CITY WOULD HAVE A TOTAL RELEASE
FROM TUCK ENTERPRISES AFTER PAIS REFUND WAS GIVEN ATTORNEY SCOTT
VERIFIED THAT THE ADDRESS GIVEN BY THEM TO FORWARD THE REFUND, WAS
CORRECT AND IN ITIS OPINION, THAT AS LONG AS THE CHECK WAS MADE OUT
TO TUCK ENTERPRISES, INC. WE WOULD BE RELIEVED OF ANY LIABILITY
SHOULD SOMEONE FROM OTHER THAN TUCK ENTERPRISES, INC. CASA THE
CHECK. MAYOR MURPHY ASKED IF THE CITY WOULD HAVE SOME KIND OF
DOCUMENT FOfi THE AGENT FROM TUCK ENTERPRISES, INC. TO SIGN WHEN
THE CHECK WAS ISSUED. MR. SCOTT ASSURED HIM THAT WE WOULD.
COUNCIL MINUTES
5-18-82
PAGE 4 OF 5
MAYOR MURPHY ALSO FELT THAT A COPY OF THE SANITARY SEWER PERMIT
ISSUED TO TUCK ENTERPRISES, INC. SHOULD BE RETURNED AS PART OF
THE EXCHANGE OF DOCUMENTS.
THERE WAS NO FURTHER DISCUSSION,, AND VOTE ON THE ,MOTION
ON THE FLOOR TO REFUND THE SEWER IMPACT ASSESSMENT FEE TO TUCK
.ENTERPRISES, INC. CARRIED UNANIMOUSLY.
DISCUSSION
ALETTER FROM THE HIDDEN HARBOR CONDOMINIUM ASSOCIATION
,REQUESTING AN ADJUSTMENT IN THEIR SEWER BILL DUE. TO A LEAK IN THEIR.
SWIMMING POOL WAS READ BY MAYOR MURPHY. AFTER DISCUSSION, CITY
MANAGER SCOTT WAS ASKED TO INVESTIGATE THIS SITUATION. FURTHER
DISCUSSION ON THIS ITEM {JILL BE HELD AT THE UPCOMING COUNCIL
WORKSHOP SESSION. �•
MRS. HARRIS EXPLAINED HER REASON FOR VOTING AGAINST
THE APPOINTMENT OF MR. QUINN TO THE PLANNING AND ZONING BOARD.
MRS. CALVERT HAD SOME CONCERN REGARDING THE BEACH CLEANUP.
MR. SCOTT INFORMED HER THAT SOME ACTION ON THIS WILL BE TAKEN IN
JUNE.
.COUNCIL WAS REMINDED OF THE THURSDAY, MAY 20, 1982
SPECIAL WORKSHOP MEETING TO CONTINUE REVIEW OF THE ZONING ORDINANCE.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT
8:13PM. \n /
n
r ORI
CITY CLERK
ERK
These minutes transcriped by
Gail Wells, Secretary
..COUNCIL MIN= -
5 -18-82
PAGE 5 OF 5
7777-7
DEVELOPMENT OOFP.
P. O. OOx 906 CO... Oen. h, Fl—ldn 32937 305/764.0042
May 14, 19CM,.
Honorable Johnson L. Murphy
City of Cape Canaveral
105 Folk Avenue
Cape Canaveral, Florida.
Ocar Mayor Murphy and the City Council Heribers:
This letter is torequest that you refund tic seller iripact
fees paid for phase Pi of the Canaveral Sands Condominiums in the
amount of $I6,500.09, ninus',our administrative charge.
The check las made payable to the City of Cape Canaveral by
Tucl: Enterprises, Inc., and I would request that you refund the
money to Tuck Enterprises, Inc., and mail to the corporate address:
P. 0. Dox 906
Cocoa teach, Fl. 32931
l:e acknowled,ic that the Impact Fee, if returned, will result
in a loss of paid impact fees for that property and will execute
all necessary documents to effectuate tine refund.
Yours truly;
L. H. OISCONTIIII
President
AITAC111`11 C 'f0 COUNCIL MINUI'GS
OF 5-18-82