HomeMy WebLinkAbout04-04-1978 Regular MeetingMICROFiLMED •
REGULAR MEETING
CITY COUNCIL
APRIL 41 1978
A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL WAS HELD ON APRIL 4, 1978 AT
CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H.
THURM AT 7 :30 P. M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C.
BOYD, J.L. MURPHY, M.A. RIGERMAN AND C.K. WELTON; ATTORNEY
RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM AND SGT. AT
ARMS PHYLLIS NELSON.
THE MINUTES OF MARCH 21, 1978 WERE APPROVED AS READ.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE NO. 3 -78 AMENDING ORDINANCE NO.
10- 75_ZONING REGULATIONS ", AMENDING SECTION
3 3,
638.63 AND 638.83 (2ND READING
MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED:
� 4
AN ORDINANCE AMENDING CHAPTER 630 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA, ZONING
REGULATIONS, BY ALLOWING AS A PRINCIPAL USE RE-
CYCLING ACTIVITIES FOR COLLECTION OF NON— HAZARDOUS
MATERIALS IN THE M -1, M -2 AND M -3 ZONING DISTRICTS;
BY REPEALING ALL PARTS OF THE CODE IN CONFLICT
HEREWITH; BY PROVIDING AN EFFECTIVE DATE.
MRS. RIGERMAN MOVED ORDINANCE 3 -78 BE APPROVED FOR
SECOND READING. MR. WELTON SECONDED MOTION. MRS. BOYD MOVED
TO A14END BY ADDING TO SECTIONS 638.43, 638.83 AND 638.63 PARAGRAPHS
"F" It "Pn AND "N1e RESPECTIVELY, A PAGE OF DEFINITIONS DRAFTED BY
ATTORNEY SCOTT. THESE AMENDMENTS HAVE BEEN ATTACHED TO THESE
r.A MINUTES AND INCORPORATED INTO ORDINANCE 3 -78. MRS. RIGER -11AN
SECONDED MOTION. MAIN MOTION AND AlIENDMENT PASSED UNANIMOUSLY.
ITEM 2. ORDINANCE NO. 5 -78 RE: FLOOD DAMAGE PREVENTION
UST READING
MAYOR THURM.READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE PROVIDING FOR FLOOD DAMAGE PREVENTION
FOR THE CITY OF CAPE CANAVERAL FLORIDA; PROVIDING
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD; PROVIDING PENALTIES FOR VIOLATION; PROVIDING
FOR AN ADMINISTRATOR AND ESTABLISHING DUTIES FOR
ADMINISTRATION, PERMIT PROCEDURES, VARIANCE PROCEDURES
AND APPEALS; PROVIDING STANDARDS FOR FLOOD HAZARD
REDUCTION; PROVIDING AN EFFECTIVE DATE; REPEALING
ALL PARTS OF THE CITY CODE IN CONFLICT HEREWITH.
MICROFILMED 4 -24 -80
MR. MURPHY MOVED TO APPROVE FIRST READING. MRS. BOYD
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. ORDINANCE NO. 6 -78 AMENDING CODE CHAPTER
683 RE: PROHIBITING MOPEDS ON BEACH
2ND READING
MAYOR THURM READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE AMENDING CHAPTER 683 OF THE CODE OF
THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROHIBITING
THE USE OF ANY NON HUMAN POWERED VEHICLE FOR TRAVEL
UPON THE OCEAN BEACH OR DUNE AREA;, REPEALING ALL
SECTIONS OF THE CITY CODE OR ORDINANCES OR PARTS
THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MAYOR THURM MOVED FOR ADOPTION. MR. MURPHY SECONDED
MOTION. MAYOR THURM MOVED TO AMEND THE TITLE OF THE ORDINANCE
BY STRIKING THE WORDS "NON HUMAN" AND SUBSTITUTING THE WORD
"MOTOR" AND TO AMEND SECTION 683.02, LINE 4, BY, DELETING THE
WORDS "ORDINANCE SPECIFICALLY EXCLUDES" AND SUBSTITUTING THE
WORDS "SECTION IS ALSO INTENDED TO EXCLUDE ". MRS. RIGERMAN
SECONDED MOTION. MOTION TO AMEND CARRIED UNANIMOUSLY. VOTE ON
THE MAIN MOTION WAS UNANIMOUS.
MAYOR THURM REQUESTED A COPY OF THIS AMENDED ORDINANCE
BE SENT TO COCOA BEACH COMMISSIONER AGATHA DOERER AND THE CAPE
CANAVERAL'S SHERIFF'S OFFICE. MR. SCOTT REQUESTED A COPY OF THIS
ORDINANCE BE FORWARDED TO THE STATE ATTORNEY'S OFFICE.
NEW BUSINESS
MRS. BOYD MOVED THAT ITEM NUMBER 3 BY TAKEN UP AT THIS
TIME. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY
ITEM 3. MOTION RE: FIRE DEPARTMENT AUXILIARY'S
JULY 4TH CELEBRATION
MRS. LEESER AND MRS. WESTBERG, MEMBERS OF THE FIRE
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DEPARTMENT'S AUXILIARY, WERE IN ATTANDANCE TO DISCUSS WITH COUNCIL
THEIR PROPOSED JULY 4 CELEBRATION. THE AUXILIARY WAS REQUESTING
FUNDS FROM THE CITY TO COVER THE COST•OF A FIREWORKS DISPLAY AND
PORT -O -LET RENTAL, MRS. RIGERMAN MOVED THAT THE CITY AUTHORIZE
THE EXPENDITURE OF $1,060.00 BY THE CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT AUXILIARY FROM THE CONTINGENCY FUND. MAYOR THURM
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 1. ORDINANCE NO. 7 -78 RE: "_.CREASE IMPOUNDING
FEES AMENDING ORDINANCE NO. 10 -70, AS AMENDED
(1ST READING)
COUNCIL MIN=
4 -4 -78
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MICROFILMED 4.24 -80
MAYOR THUR -M READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CHAPTER 701 OF THE CODE OF
THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED
"ANIMAL CONTROL ACT ", BY INCREASING THE IMPOUND
FEES FOR DOGS AND CATS IMPOUNDED; REPEALING ALL
ORDINANCES OR PORTIONS OF THE CITY CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
MRS. RIGEP1AN MOVED TO APPROVE FIRST READING.
MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR THURM MOVED THAT ITEMS 4, 5 AND 6 BE TAKEN
UP BEFORE ITEM 2. MRS. RIGERMAN SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY.
ITEM 4. MOTION RE: CLOSING OF DEDICATED PUBLIC ALLEYWAY
ABUTTING LOTS 5, 11 AND 12 BLOCK 55 AVON -BY-
THE -SEA
MAYOR THURM EXPLAINED THAT MR. JERRY MARATHON WAS
REQUESTING THAT THIS ALLEYWAY BE VACATED. IT WAS NOTED THAT.THIS
ALLEYWAY HAD BEEN VACATED PREVIOUSLY ON RESOLUTION NO. 73 -10
HOWEVER, DUE TO THE FACT THAT THE FORMER OWNER DID NOT C014MENCE
CONSTRUCTION WITHIN SIX MONTHS, THE VACATION OF SUBJECT ALLEYWAY
,S NULL AND VOID. IT WAS NOTED THAT THE PLANNING AND ZONING BOARD
AND BUILDING OFFICIAL RECOMMENDED APPROVAL OF THIS PETITION -FOR
THE VACATION OF THE ALLEYWAY. ATTORNEY SCOTT EXPLAINED TO COUNCIL
THAT THIS SHOULD BE ACCOILPLISHED BY RESOLUTION IN ORDER TO HAVE
THE PROPER DOCUMENT FOR RECORDING PURPOSES. MR. SCOTT PROCEEDED
TO READ RESOLUTION NO. 78 -13. MRS. RIGERMAN MOVED FOR ADOPTION
OF RESOLUTION NO. 78 -13. 'MR. WELTON SECONDED MOTION. MOTION
CARRIED UNANIMOUSLY APPROVING RESOLUTION NO.,78 -13 GRANTING OWNER
JERR`MARATHON VACATION OF SUBJECT ALLEYWAY.
ITEM 5. ACCEPTANCE OF RESIGNATIONS FROM THREE PLANNING
AND ZONING BOARD MEMBERS
4
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MAYOR THURM MOVED THAT THE COUNCIL ACCEPT WITH REGRET
THE RESIGNATIONS OF MANNY SCHWARTZ, INGE BAIN AND SAM SCOGNA.
MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR
THURM REQUESTED LETTERS BE SENT TO THE THREE FORMER MEMBERS THANKING
THEM.FOR SERVING ON THE BOARD.
ITEM 6. MARCH GARBAGE.'.BILLING
DISCUSSION WAS HELD BETWEEN I -IRS. OSTROM, MR. LAVIN
AND COUNCIL MEMBERS REGARDING GARBAGE COMPLAINTS AND THE POSSIBILITY
OF DEDUCTING MISSED PICKUPS FROM THE MONTHLY BILL. COUNCIL AGREED
_ COUNCIL r IDX71M
4 -4 -78
PAGE 3 OF 5 AND
ATTACIPEN 'S
i
�k
1:
MICROFILMED 4 -24 -80 .•
THAT THIS COULD BE HANDLED ADMINISTRATIVELY. NO COUNCIL ACTION
NECESSARY.
A RECESS WAS CALLED AT 9 :30 P. M. MEETING RECONVENED
AT 9:44 P. M.
ITEM 2. AWARDING OF GARBAGE BID
MAYOR THURM EXPLAINED THAT THE BID OPENING HAD BEEN
AT 4 :00 P. M. ON THIS DATE. COUNCIL HAD BEFORE THEM A SPREAD
SHEET LISTING THE BID PRICES FROM ALL EIGHT BIDDERS. A COPY OF
SPREAD SHEET IS ATTACHED TO THESE MINUTES. MR. gELTON REVIEWED
THE CITY CHARTER, ARTICLE XVII, SECTION 10, RELEVANT TO PURCHASES
BY COMPETITIVE BIDS. COUNCILMAN WELTON THEN REVIEWED THE LOWEST
BID WHICH WAS RUBBISHMAN, INC. DURING THE DISCUSSION OF THE BID
PROPOSAL PRESENTED BY RUBBISHMAN, MR. MURPHY BROUGHT OUT THE FACT
THAT THE BID RUBBISHMAN HAD SUBMITTED WOULD NOT PROVIDE FOR -NEW
DUMMPSTERS AS THE SPECIFICATIONS CALLED FOR AND ALSO THAT THE PRESENT
SERVICE FROM RUBBISH14AN HAD NOT BEEN OF AN ACCEPTABLE LEVEL.
MR.-MURPHY MOVED THAT COUNCIL REJECT THE LOW BIDDER, RUBBISHMAN,
FOR THE FOLLOWING REASONS: 1. EXCEPTION REGARDING NEW DUMPSTERS
2. PAST HISTORY OF UNSATISFACTORY PERFORMANCE OVER THE LAST TWO
YEARS 3. CREDIT OF THE CONTRACTOR. MRS. RIGERMAN SECONDED MOTION.
MRS. BOYD STATED THAT SHE WOULD LIKE TO BE ABLE TO ACCEPT RUBBISH-
MAN'S BID BECAUSE IT WOULD BE HALF THE PRICE OF THE SECOND LOWEST
BIDDER FOR THE CITIZENS OF CAPE CANAVERAL. 14AYOR THURM EXPLAINED
SHE ALSO HAD RESERVATIONS ABOUT THE BID POINTING OUT PAST PERFORMANCE.
VOTE QN..THE MOTION WAS AS FOLLOWS: IN FAVOR, MR. MURPHY, MRS.
RIGERMAN, MAYOR THURM AND MR. WELTON, OPPOSED, MRS. BOYD. MRS. BOYD
EXPLAINED THAT SHE VOTED AGAINST THE MOTION DUE TO THE FACT THAT
THE CITY COULD SAVE OVER $60,000 OVER A PERIOD OF 12 MONTHS BY
ACCEPTING RUBBISHMAN'S BID.
MR. WELTON THEN-COMMENCED REVIEW OF THE SECOND LOWEST
BIDDER, FLECKINGER REFUSE. PRICES, EQUT- -PT ENT AND EXCEPTIONS WERE DISCUSSED.
MRS. BOYD MOVED THAT THE CITY ACCEPT FLECKINGER REFUSE BID IN THE
AMOUNT OF $10,313.30 PER MONTH. MR. WELTON SECONDED MOTION. MOTION
10-11 -10 Z'41 Di P 41 r a A
COUNCIL MINUTES
4 -4 -78
PAGE 4 OF 5 AND ATTACHMENTS
MICROFILMED 4 -24 -80
MR. WELTON THANKED THE BIDDERS PRESENT FOR SUBMITTING
BIDS. THE CITY CLERK WAS INSTRUCTED TO RETURN BID BOND CHECKS.
COUNCIL SET A SPECIAL MEETING FOR APRIL 13, AT 7:30
FOR THE PURPOSE OF APPROVAL OF GARBAGE CONTRACT.
MEETING ADJOLTEdM AT 11:00 P.M.
APPROVED 7IIIS 18 DAY OF APR' , 1978.
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MICROFILMED 4 -24 -50
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(2) Section 638.63 entitled Principal Uses And Structures, of the M -2
Zoning District is amended by adding:
"N. For the purpo -es of this section, the following terms
and definitions shall be applicable:
(1) Containers - means any cans, barrels, drums or tanks (except
stationary tanks) which would be used for the outside storage of non-
hazardous materials.
(2) Non - hazardous material - means any material which does not
increase nor cause an increase of the hazard or menace of fare to a
greater degree than that customarily recognized as normal by
persons in the public service regularly engaged in preventing,
suppressing or extinguishing fire.
(3) Approved structure - means that which is built ox constructed
or an edifice or building of any kind in which collected non - hazardous
material may be stored.
(4) Trailer - means a portable structure having no foundation other
than wheels, jacks or blocks that will not be a hazard to adjacent
` also fully enclosed, operable and licensed.
buildings and �^ ��, R:k -
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AMENDMENT TO ORD. 3 -78
ATTACHMENT TO MINUTES
OF 4 -4 -78
Single Fan. Bid
City Total x 541
Mobile Home Bid
City Total x 556
Indiv. Apt. & Condos.
Using Cans - Bid
City Total x 200
Commercial Accts.
Using Cans - Bid
City Total x 30
Cam. Container Yds.
Per month - Bid
City Total x 518
Comm. Container Yds.
Per Spec. Coll. Bid
City Total x 200
Mo. Cost to City
Except. To Proposal(1;
Page 14 (2;
(3`
ATI'ACEMEN
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FLECKINGER R&S ENTERPR7
3.70 4.20
2001.70 2272.20
2.50 3.50
1390.00 1946.00
2.50 3.75
500.00 750.00
10.00
300.00
1.40
5801.60
1.60
320.00
10,313.30
0.00
300.00
1.44
5967.36
1.95
390.00
11,625.56
Pg. 5 1P 12
Pg. 12 a) 4
rS To MINUTES OF 4 -4 -78
f • 1 Y' : C I Mil'
5.25
2840.25
I
3.50
1946.00
4.50
900.00
10.00
300.00
11.00
5698.00
1.30
260.00
11,944.25
Pg. 121?A1:4
2.07
1119.87
2.07
1150.92
2.07
414.00
2.07
62.10
.52
2370.88
r n
5,221.77
Pg. 4 1P 10
3P 11 -B
Pg. 5-N15
5.25
2840.25
5.25
2919.00
5.25
1050.00
5.25
157.50
1.25
5180.00
1.25
250.00
12,396.75
ACE SAN. SERV.
5.00
2705.00
2.50
1390.00
2.50
500.00
10.00
300.00
1.40
5801.60
1.40
280.00
10,976.60
Pg. 5 W 12
ACE DISPOSAL i HARRIS SAN.
7.96
4306.36
5.50
3058.00
7.96
1592.00
12.00
360.00
2.00
8288.00
2.00
400.00
18,004.36
Pg. 4 It 10
Pg. 5 1? 13
3.70
2001.70
3.00
1668.00
6.00
1200.00
5.00
150.00
2.10
8702.40
2.10
420.00
14,142.10
Pg. 3 It 6
Pg. 5 It 12
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