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HomeMy WebLinkAboutMinutes 06-01-1982CITY COUNCIL REGULAR MEETING JUNE 1, 1982 A REGULAR MEETING OF THE CITY COUNCIL OF. THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON JUNE 1, 1982 AT CITY HALL, 105 POLK 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 SECRETARY. 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 SECRETARY. G. WELLS. NRS. CALVERT MOVED TO WAIVE THE READING OF THE MINUTES OF MAY 18, 1982. MR. RUTHERFORD SECONDED MOTION., MOTION CARRIED .UNANIMOUSLY. UNFINISHED BUSINESS ITEM 1. .ORDINANCE NO. 8-82 RE: APII* DING 20NING CODE CIIAPTDR 631.D1 DY AMENDING DEFINITIONS OF IIOTEL AND MOTEL SECOND READING AND PUBLIC IIEARING 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" 13Y 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 PER BUILDING; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. CALVERT MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED h10TION MOTION. CARRIED UNANIMOUSLY. ITEM 2. ORDINANCE NO. 9-82 RE: SIGN CODE CHAPTER 653 AND ESTABLISHMENT OFSIGN CODE ENFORCEMENT BOARD (SECOND READING AND PUBLIC HEARING -POSTPONED b1AY 8 , 9 2 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. COUNCIL MINUTES JUNE 1, 1982' PAGE 1 OF 4 MAYOR MURPHY MADE A NOTION TO OPEN DISCUSSION ON THE SIGN CODE CHAPTER 653. MRS. HARRIS SECONDED MOTION. DISCUSSION FOLLOWED.. MOTION TO AMEND THE PROPOSED SIGN ORDINANCE NO. 9-82 AS FOLLOWS WAS MADE BY ,MRS. HARRIS. 1) CHANGE THE LAST SENTENCE IN SECTION 653.07(A)(1) TO READ AS FOLLOWS: "SAID SIGN SHALL BE ON THE PROPERTY FOR SALE OR RENT." 2) SECTION 653.07(C)(5) AND 653.08 - CHANGE FIFTEEN. (15) YEARS TO TEN (10) YEARS. 3) SECTION 653.07(F) - CHANGE THE TITLE TO READ "SIGN SIZE LIMIT", AND ADD THE FOLLOWING SENTENCE TO THE END OF TUE PARAGRAPH: "ANY SIGN WHICH IS NOT ATTACHED TO A BUILDING SHALL NOT EXCEED 150 SQUARE FEET ON ITS LARGEST FRONT." 4) SECTION 653.20(B)(2) SHALL READ: "'NO MARQUEES SHALL DE PERMITTED TO EXTEND MORE THAN TWENTY (20) Q1,13T FROM THE EXTERIOR OF THE BUILDING CLOSEST TO THE ROAD, BUT IN NO EVENT SHALL COME CLOSER THAN TEN (10) FEET FROM THE PROPERTY LINE." 5) SECTION 653.07(C)(3) - ADD THE FOLLOWING PARAGRAPH: "THERE SHALL BE DEPOSITED WITH THE CITY TREASURER A FIFTY DOLLAR ($50.00) FEE BEFORE ANY POLITICAL SIGNS ARE PERMITTED TO DE CONSTRUCTED. IF SUCH SIGNS ARE NOT REMOVED WITHIN TUE FIVE (5) DAY PERIOD, THEN THE CITY SHALL TAKE TUE FIFTY DOLLARS ($50.00) AS ITS FEE FOR HAVING THE SIGNS TORN DOWN. IF TUE SIGNS ARE REMOVED WITHIN FIVE (5) DAYS, TUE:! THE FIFTY DOLLARS ($50.00) SHALL BE RETURNED TO THE REGISTERED CAMPAIGN TREASURER. NO SIGNS SHALL BE PERMITTED WITHOUT TUE FIFTY DOLLAR ($50.00) DEPOSIT BEING PAID TO TUE CITY TREASURER.", MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. THERE BEING NO FURTHER DISCUSSION ON SIGN ORDINANCE NO. 9-82, AS AMENDED, VOTE ON THE NOTION ON THE FLOOR CARRIED UNANIMOUSLY. SECOND READING OF ORDINANCE NO. 9-82 WAS APPROVED AS MMENDED. NEW BUSINESS ITEM 1. MOTION RE: PENSION PLAN AFTER AN EXTENSIVE DISCUSSION OF THE PLANS AS PROPOSED TO CITY MANAGER SCOTT, .MOTION WAS MADE BY MAYOR MURPHY TO AUTHORIZE CITY MANAGER SCOTT TO DRAW UP A CONTRACT WITH PENCOA, CONTINGENT UPON THEIR BEING. ABLE TO ,QUALIFY OUR PRESENT PLAN INTO A NEW PLAN UNDER EXISTING ERISA GUIDELINES. THIS CONTINGENCY IS TO BE PUDE PART OF THE FINAL CONTRACT. FIRS., HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES JU?IE 1, 1982 PAGE 2 OF 4 ITEM1I 2. MOTION RE: HIDDEN HARBOR OWNERS ASSOCIATION. Sr ADJUSTPIENT AN ADJUSTMENT OF $250.00 IN THE SEWER BILL FOR THE HIDDEN HARBOR OWNERS ASSOCIATION DUE TO A LEAK IN THE SWIMMING POOL WAS RECOMMENDED BY CITY MANAGER SCOTT. THIS FIGURE WAS BASED ON AN AVERAGING OF PAST AND PRESENT USAGE AND ,THE PERCENTAGE OF INCREASE FROM LAST YEAR'S BILLINGS. MAYOR MURPHY MADE A MOTION TO REDUCE HIDDEN HABOR OWNERS ASSOCIATION SEWER BILL $250.00. MRS. CALVERT SECONDED MOTION. MOTION .CARRIED UNANIMOUSLY. ITEM 3. RESOLUTION NO. 82-33 RE: AGREEMENT BETWEEN CITY AND RACQUETBALL INSTRUCTOR MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA, AND SCOTT NELSON TO PROVIDE RACQUETBALL INSTRUCTION AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE. DISCUSSION FOLLOWED. IT WAS EMPHASIZED THAT AN AGREEMENT SUCH AS THIS WOULD NOT BE COSTING THE CITY ANY. MONEY BASED ON THE FEES ESTABLISHED. THERE WAS FURTHER DISCUSSION ON PROCEDURES IN PROVIDING A COURT FOR THE INSTRUCTOR. AS A RESULT OF THE DISCUSSION ON PROCEDURES FOR PROVIDING A COURT, MR. NICHOLAS MADE MOTION TO AMEND THE AGREEMENT BETWEEN THE CITY AND SCOTT NELSON IN THE SECOND SENTENCE OF SECTION 5 OF, THE CONTRACT, RACQUETBALL COURT PROVIDED, BY CHANGING THE WORD "SHALL" TO "MAY". MAYOR MURPHY SECONDED MOTION. VOTE ON THE MOTION TO AMEND WAS AS FOLLOWS: IN FAVOR - MRS. HARRIS, MAYOR MURPHY, MR. NICHOLAS AND MR. RUTHERFORD. OPPOSED -.MRS. CALVERT. MOTION CARRIED. THERE BEING NO FURTHERDISCUSSION ON RESOLUTION NO. 82-33, VOTE ON THE MOTION ON THE FLOOR CARRIED UNANIMOUSLY. ITEM 4. BID AWARD - CARPETING FOR CITY HALL MAYOR MURPHY MADE A MOTION TO AWARD. THE CARPET DID TO HOWELL INTERIORS FOR $2,909.46, BASED ON THE CITY MANAGER'S RECOMMENDATION THAT OF THE FOUR LOWEST BIDDERS, HOWELL INTERIORS WAS THE ONLY BIDDER TO COMPLY WITH. THE PROVIDED SPECIFICATIONS. MR. NICHOLAS SECONDED MOTION. VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR - MRS. HARRIS, MAYOR MURPHY, MR. NICHOLAS AND MR. RUTHERFORD. OPPOSED - I -IRS. CALVERT. MOTION CARRIED. COUNCIL MINUTES JUNE 1, 1982 PAGE 3 OF 4 ITEM 5. .MOTION RE: BUDGET TRANSFERS MAYOR MURPHY MADE A MOTION TO APPROVE THE FOLLOWING BUDGET TRANSFERS:, FOR PURCHASE OF A LAWNMOWER FOR THE STREET DEPARTMENT, TRANSFER $200.00 FROM EQUIPMENT MAINTENANCE AND REPAIR, ACCOUNT NUMBER 001-541-462 TO CAPITOL ITEMS, ACCOUNT NUMBER 001-541-64; FOR PAYING THE AGENTS FEES FOR BONDS AND COUPONS, TRANSFER $100.00 FROM AUDIT EXPENSE, ACCOUNT NUMBER 401-525-32 TO PAYING AGENTS FEES, ACCOUNT NUMBER 401-525-73. (NO AMOUNT WAS BUDGETED IN 1981/82 FOR PAYING THIS FEE.) MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DISCUSSION THE FOLLOWING ITEMS WERE MENTIONED: RESIGNATION OF PLANNING .AND ZONING BOARD. MEMBER RICHARD CALE; INVOICE FROM BRILEY, WILD 6 ASSOCIATES REGARDING THEIR COURT APPEARANCE ON BEHALF OF THE CITY; BIOASSAY REPORT. FROM D.E.R. ON SEWER PLANT SAMPLING; REQUEST TO THE PRESS FROM MRS. HARRIS FOR THEIR SUPPORT OF THE PLANNING AND ZONING BOARD; REQUEST FROM MRS. HARRIS, TO WORKSHOP TUE POSSIBILITY OF CREATING A PUBLIC ACCESS AREA TO THE RIVER AT THE 'SEWER PLANT; REMINDER TO COUNCIL OF THE SPECIAL WORKSHOP MEETING RE: .ZONING AMENDMENTS ON JUNE 3; LEAGUE OF MUNICIPALITIES DINNER ON JUNE 14, 1982; BRIEF REPORT FROM JIM MINES ON THE HURRICANE SEMINAR. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:IOPM. li CITY CLERK (These. minutes, were transcribed by Gail Wells, Secretary.) COUNCIL MINUTES JUNE 1, 1982 PAGE 4 OF 4