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HomeMy WebLinkAboutMinutes 10-18-1994 WorkshopCITY COUNCIL COMBINER WORKSHOP AND REGULAR MEETING October 18, 1994 A Combined Workshop and Regular Meeting of the Cape Canaveral City Council was held on October 18, 1994, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:00 P.M. by Mayor Salamone, ROLL CALL: Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Interim City Attorney C ity Clerk Joy Salamone Present John Porter Present Arthur Berger Present Leo Nicholas Present Rocky Randels Present Bennett Boucher Present William Potter Present Faith Miller Present ADOPTION OF MINUTES: 1. Regular City Council Meeting of October 4, 1994. Motion by Mr. Porter, seconded by Mr. Randels to approve the minutes of the Regular City Council Meeting of October 4, 1994, as presented. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PRESENTATIONS/PROCLAMATIONS: 1. Employee of the Quarter - Greg Mullins Mr. Boucher presented Mr. Greg Mullins, Maintenance Worker II of the City's Street Department, with the Employee of the Quarter award. Mr. Randels and Mayor Salamone congratulated Mr. Mullins for his accomplishments and his willingness to help out when needed on many City projects outside the normal scope of his duties. 2. Florida City Government Week - October 23 -29, 1994 Mayor Pro Tem. Porter read the proclamation and presented it to Councilmember Rocky Randels for forwarding to the Florida League of Cities. 3. LibLM Expansion Project Update and Public In ut presented by Brevard County. Mr. Bill Starrner, Stottler, Stagg & Associates, Inc., distributed a library project manual and schedule to each member of Council and staff. He stated that the schedule showed the design timeframe from August 1994 through the start of construction in February 1995, with completion scheduled for September 1995. He advised that a Program containing a thorough overview of the goals and objectives of the new library addition which Was Written by many players, City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting October 18, 1994 Page 2 including County staff and Library staff, would be available for public inspection at the library. Mr. Starmer proceeded to explain the details of the site plan concept and schematic design for the expansion to the Cape Canaveral Library as approved by the City Council several weeks earlier. Mr. Nicholas questioned the number of volumes of books to be provided and Mr. Starmer stated that the number of volumes included 16,000 volumes in the children's section, 4 -6,000 in the youth section, with an overall total volume of 75- 80,000. Ms. Kathy Stewart, Brevard County, stated that one -third of the volumes were checked out at any one time, therefore, although the library planned to have 80,000 volumes they were not planning to have shelving for 80,000 books. Mr. Starmer displayed schematic drawings for the site plan, floor plan, and elevations and described improvements to the entryways. Mrs. Anna Kelly, Library Board member, questioned the use of the Art in Public Places program in conjunction with the library expansion, and whether or not any decisions to use pieces of art or stained glass windows should be made in time to advise the architects before construction began. Mr. Joe Bisley, Brevard County Director of Facility Construction, stated that the County Commissioners had already reviewed the Art in Public Places Program and their direction had been that the County would incorporate the funds that it could to allow for the project within the design, such as opportunities to display artwork by adding lighting equipment or providing alcoves to display art. There were no dedicated funds to purchase paintings or pieces of sculpture. Mr. Starmer explained that there were several ways to incorporate art into the facility. He stated that within the lobby area there would be a large open corridor that could be utilized to display artwork. Mr. Bisley stated that the next step in the process would be to meet with the Art in Public Places committee to review the overall library expansion design to explore ideas for the inclusion of artwork in the library. The focus of the Commission had been to have a program for rotating artwork throughout the public facilities in Brevard County. Resident questioned the amount of additional space to be added to the library; Mr. Starmer stated that the addition encompassed 6,000 sq. ft. and the existing building was slightly less than 9,000 sq. ft. Mr. Starmer stated that another public meeting would be held in late November and the site plan documents would be available for public inspection at the library. After a ten - minute break, the meeting reconvened. NEW BUSINESS: Mayor Salamone rearranged the items under this portion of the agenda as needed. 2. Ordinance No 38 -94, Granting a Franchise to Time Warner Entertainment Company. L.P.. to construct, operate and maintain a cable television system in the City, for first reading. Mayor Salamone read the title of the Ordinance. City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, GRANTING A FRANCHISE TO TIME WARNER ENTERTAINMENT COMPANY, L.P. TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING A SHORT TITLE; PROVIDING FOR DEFINITIONS; MAKING LEGISLATIVE FINDINGS; PROVIDING FOR A GRANT OF A NON - EXCLUSIVE FRANCHISE; PROVIDING FOR COMPLIANCE WITH APPLICABLE LAWS; PROVIDING FOR THE TERRITORIAL AREA INVOLVER; PROVIDING FOR LIABILITY AND INDEMNIFICATION; PROVIDING FOR A SYSTEM UPGRADE SCHEDULE; PROVIDING FOR CONSUMER SERVICE STANDARDS; PROVIDING FOR USE OF THE FACILITIES BY THE CITY; PROHIBITING OTHER BUSINESS ACTIVITIES; PROVIDING FOR SAFETY REQUIREMENTS; PROVIDING FOR CONDITIONS OF STREET OCCUPANCY; PROVIDING FOR THE PROHIBITION OF PREFERENTIAL OR DISCRIMINATORY PRACTICES; PROVIDING FOR REMOVAL OF FACILITIES UPON REQUEST; PROVIDING FOR RESTRICTIONS ON THE TRANSFER OF THE FRANCHISE; PROVIDING FOR THE TERM OF THE FRANCHISE; PROVIDING FOR RATE REGULATIONS; PROVIDING FOR CITY RIGHTS IN THE FRANCHISE; PROVIDING FOR THE FILING OF MAPS AND REPORTS; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES TO THE CITY; PROVIDING FOR FORFEITURE OF THE FRANCHISE; PROVIDING FOR THE CITY'S RIGHT OF INTERVENTION IN LAWSUITS; PROVIDING FOR ERECTION AND REMOVAL OF POLES; PROVIDING FOR RE- REGULATION; PROVIDING FOR BASIC SERVICE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR PUBLIC SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mayor Salamone to adopt Ordinance No. 38 -94 at first reading. Mr. Boucher stated that included in the agenda packet was the second revision to the franchise agreement, subsequently there had been changes presented by Time Warner that were included in the agenda packet as a separate document. He had come to a resolution with Time Warner on most of the outlined changes. He stated that there were three (3) issues that still needed to be decided including: 1) term of the agreement (10 or 15 years); 2) amount of the surety bond ($10,000 or $50,000); and 3) inclusion of the FCC standards in the agreement or incorporate some of the standards that were in the original draft of the agreement. Mayor Salamone supported a 15 -year agreement. Mr. Porter did not feel that a 15 -year agreement was necessary. Mr. Berger commented that ten (10) years may even be too long for the agreement. Mayor Salamone stated that since the agreement was non - exclusive and Time Warner would be spending significant funds in infrastructure and hardware it warranted a 15- year agreement. Mr. Nicholas agreed that 15 years was possibly too long. Ms. Diane Pickett, Time Warner, stated that Brevard County's franchise agreement with Time Warner was for 15 years and the other agreements with municipalities within the County were for 15 years as well. She stated that there were no limitations in the agreement against improved technology. She commented on the company's five -year plan to upgrade the system and Time Warner's track City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting October 18, 1994 Page 4 record as a leader in the cable television industry. Mr. Boucher stated that Florida League of Cities had sent him three (3) examples of franchise agreements that had been negotiated after the 1992 cable legislation including Bellair Park (10 years), Gulfbreeze (8 years) and Pembrook Pines (10 years). He felt the agreements reflected the current trend for agreements of ten (10) years or less. He stated that the proposed agreement did not include any mandated upgrades to the system; any upgrades would be at the discretion of Time Warner. Mayor Salamone had asked for an opener clause in the contract for the amount of the franchise fees to allow the 3% franchise fee to be increased at a later date if needed. Ms. Pickett stated that the provision allowed for 90 days notice at any time during the length of the agreement to change the amount of the franchise fee. Ms. Pickett stated that the agreement was non - exclusive and the company hoped that there would be opportunities to bring other services into the City. She briefly explained the situation with the Titusville cable franchise which had been owned by TCI and Time Warner had taken over the franchise during a corporate trade. Mrs. Mary Winchester suggested allowing only a five (5) year agreement. Mr. Irving Krause questioned how many cable franchises operated within Cape Canaveral; Mayor Salamone answered that at present there was only one (1) cable company operating a franchise within Cape Canaveral. Mr. Frances Kuhn, 102 E. Central Boulevard, commented that he had recently moved from Titusville and he strongly favored the TCI cable system over the Time Warner system and he advocated a short franchise agreement. Mr. Boucher questioned if Council felt that a $10,000 surety bond offered the City adequate protection of its interests. He stated that the surety bond needed to protect against non- payment of franchise fees or removal of facilities within the public right -of -way. He stated that the trend for surety bonds in other agreements had been $50,000 - 100,000. There was further discussion regarding the amount of the surety bond. Mr. Porter stated that Council needed to negotiate the best deal possible for Cape Canaveral citizens and he supported a ten (10) year agreement. Mr. Nicholas mentioned the sewer franchise agreement with the Port which had appeared to be a good agreement at the time of negotiation and as time progressed, things had changed and the agreement was no longer as adequate as it had been originally and he also supported a ten (10) year agreement with Time Warner. Mayor Salamone stated that she would not agree to the contract that evening because it had not been presented to Council in final format. She questioned whether Council was satisfied with the FCC standards as written. Mayor Salamone was in full agreement of utilizing the FCC standards in the agreement rather than the performance standards that were included in the original draft agreement. Mr. Boucher stated that he had received an opinion from Florida City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 5 League of Cities (FLOC) on customer service standards and he distributed copies of the opinion to Council and Ms. Pickett. Mr. Randels stated that the opinion stated that FCC standards were minimum, not maximum standards. Ms. Pickett asserted that the FCC standards were very strict and quite thorough and her company did not have problems with customer service or quality standards. Mr. Berger commented that he had two (2) very unpleasant experiences with Time Warner which were related to customer service. Mr. Porter stated that the FLOC opinion showed that adoption of the FCC standards alone did not create an enforcement mechanism. He stated that the City could adopt the FCC guidelines, but it should also include a mechanism to enforce the guidelines. Discussion followed regarding the guidelines and the associated enforcement mechanisms. Mr. Nicholas questioned if the franchise agreement allowed the City the option to purchase the cable system. Mr. Boucher stated that only in the case that Time Warner did not renew the franchise agreement would the City have the option to purchase the system. Mr. Nicholas stated that the same option that had been in the old agreement should be included in the new franchise agreement. Ms. Pickett stated that the federal law regulated cable and that the franchise could be terminated only under specific federal guidelines. Mr. Boucher summarized the direction given by Council regarding the franchise agreement including: 1) Council concurred with a ten (10) year term of agreement; 2} Surety bond -Mr. Berger and Mr. Porter - $50,000 surety bond, Mayor Salamone - $10,000 surety bond; Ms. Pickett suggested that since the franchise fees were $33,000, that the bond be $30,000 - Council concurred with Ms. Pickett's suggestion; and 3) Inclusion of the FCC standards and Council wanted to further review the language suggested in the original draft agreement. Mr. Boucher stated that he had recommended that there be reporting requirements for customer standards including the availability to review three (3) years worth of complaint records. There Was extensive discussion regarding the FCC standards, reporting requirements, settlement of disputes, and customer performance standards. Ms. Pickett explained Time Warner's complaint system and the computer process used by the company to change customer records, enter new records, and schedule service calls, etc. Mr. Randels gave several examples of other franchise agreements involving the City whereby the City received monthly activity reports of complaints /concerns. Ms. Pickett stated that only Written complaints were kept on file and that there were no data printouts available of complaint records. She explained that Cable Data Services prepared all the bills for Time Warner customers. Mr. Porter stated that some technical advise was needed from Time Warner's data processing individuals regarding the availability of data relative to complaints. Mr. Tim Grady stated that there should be a way to access complaint data from Time Warner's computer system and he felt that the City should have access to the information which would prove beneficial to the City. Mayor Salamone spoke against the City managing the cable business and that the City should not be inundated with another business's problems. Mr. Nicholas asked that the City Manager pursue the matter further as he was interested in having access to complaint records to allow the City some ability to monitor the amount of complaints received. Mr. Boucher summarized that four (4) members of Council Were looking for Ways City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 6 to monitor the complaints for accountability purposes. Mr. Porter stated that the City received a 3% franchise fee and that the City should add some value to that money and ensure that the citizens were protected. Mrs. Mary Winchester commented on several service glitches she had encountered with Time Warner. Mr. Nicholas questioned if there were any provisions in the franchise agreement for legislative changes regarding the control or operation of cable television. Mr. Boucher commented that Section 25 dealt with re- regulation. Mr. Porter clarified that if the ordinance failed that evening, then the ordinance died; but if the ordinance was approved at first reading, it could be amended at the next workshop for second reading. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 5. Resolution No. 94 -55 Supportiniz the creation and mission of the Economic Develo ment Commission of East Central Florida's Defense Su ortlDiversification Initiative. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING THE CREATING AND MISSION OF THE ECONOMIC DEVELOPMENT COMMISSION OF EAST CENTRAL FLORIDA'S DEFENSE SUPPORT /DIVERSIFICATION INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Porter, seconded by Mr. Randels to adopt Resolution No. 94 -55. Ms. Linda Weatherman, Executive Director of the Economic Development Commission (EDC) of East Central Florida, Inc., stated that the EDC was embarking on a new marketing program which emphasized industrial development and the existing industrial business base. She stated that the EDC was pursuing a Base Realignment & Closure Grant from the Florida Department of Commerce and the grant required resolutions from nearby communities. The grant would provide funding to enhance the economic development program. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 1. Ordinance No. 37 -94, Amending City Code of Ordinances, Chapter 2, Administration to provide for one (1) combined workshop and regular City Council meeting per month and to eliminate one (1) City Council workshop meeting, per month, for first reading Mayor Salamone read the title of the Ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 2-56, REGULAR MEETINGS SECTION 2-58, City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 7 WORKSHOP MEETINGS SECTION 2--59, PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING, SECTION 2 -60, PREPARATION AND NOTICE OF AGENDA SECTION 2 -62, PRESIDING OFFICER SECTION 2 -63, SERGEANT AT ARMS SECTION 2-64, CALL TO ORDER QUORUM; ROLL CALL, SECTION 2 -65, MINUTES SECTION 2 -66, CONSIDERATION OF MATTERS BEFORE COUNCIL., AND SECTION 2- 68, GENERAL DISCUSSION TO PROVIDE FOR ONE (1) COMBINED WORKSHOP AND REGULAR CITY COUNCIL MEETING PER MONTH AND TO ELIMINATE ONE (1) CITY COUNCIL WORKSHOP MEETING PER MONTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE BATE. Motion by Mr. Randels, seconded by Mr. Berger to adopt Ordinance No. 37 -94 at first reading. Mr. Randels stated that out of the three (3) proposals presented, he favored Option No. 2 which allowed for one (1) workshop and one (1) regular meeting at the beginning of the month and one (1) combined workshop and regular meeting during the later part of the month. Mr. Nicholas questioned why any changes to the number of meetings was necessary and he felt that Council was limited in a constrained atmosphere during the combined meetings. Mayor Salamone stated that during workshop meetings Council had time to fully discuss an issue, go home and think it over, and come back ready to make a decision at the regular meeting. She felt it was in the citizen's best interests that Council have time to argue and disagree in one session and have time to think about the arguments before voting on issues. Mr. Nicholas advocated continuing With the two (2) workshop meetings per month. Mr. Berger felt that items could be staggered to allow for discussion at the beginning of the meeting. He stated that 62 meetings per year Were too many. Mr. Nicholas commented that he went to all City Board meetings. Mr. Berger supported eliminating the workshop meetings as a Way to eliminate repetitiveness. Mayor Salamone stated that the meetings were an important part of small City government and that citizens should have time to have a say in how the government operated. Mr. Berger stated that on the survey there was only one city which met more than Cape Canaveral and that was Cocoa Beach. Mr. Randels stated that the Cocoa Beach Commission had recently voted to eliminate workshop sessions. Mr. Berger expressed that Council and the City could run more efficiently than 62 meetings per year. He stated Councilmembers spent many hours of research time beyond the actual meeting time. Mr. Porter supported continuing on with the experiment of eliminating one (1) Workshop meeting per month. Mr. Berger agreed with continuing with the experiment as well. Mr. Nicholas described items that disturbed him regarding the current method of operations such as time limits to bring up items at meetings when the meetings concluded at 10:00 p.m., and then if he held the items to the next meeting the next meeting may be canceled. Mr. Randels stated that he sometimes felt that Council rushed through the agenda and there was insufficient time to bring up personal items. City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting October 18, 1994 Page S Mr. Porter suggested starting the meetings at 6:30 p.m. to allow time to share ideas among Council or Mr. Berger suggested holding a one (1) hour workshop prior to the regular meeting. Mr. Nicholas stated that with the upcoming election there would be at least one (1) new individual on Council and he suggested that the issue be revisited after the election; Council concurred. Motion failed with members voting as follows: Mayor Salamone Against Mayor Pro Tem Porter Against Councilmember Berger For Councilmember Nicholas Against Councilmember Randels Against 3. Resolution No. 94 -53 RMpointinp, members to the Beautification Board. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Porter to adopt Resolution No. 94 -53 reappointing Jacqueline Coates, O. "Whitey" Djuvstad and Bill Gleckner as regular members and Robert Murray as an alternate member. Ms. Miller advised that a revised Resolution No. 94 -53 and a suggested Resolution No. 94 -56 had been submitted to Council after preparation of the agenda packets due to Mr. Murray advising the Clerk's Office that he would like to be appointed as a regular member of the Board. Mr. Nicholas withdrew his motion and Mr. Porter withdrew his second to the motion. Mayor Salamone read the title of Resolution No. 94 -53. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Randels to adopt Resolution No. 94--53 with Section 1 providing for the reappointment of Jacqueline Coates, O. "Whitey" Dj uvstad and Bill Gleckner as regular members of the Beautification Board with terms to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 4. Resolution No. 94 -54 Authorizing the Mayor to enter into a Statewide Mutual Aid City of Cape Canaveral, Florida Combined City Council Workshop & Regular Meeting October 18, 1994 Page 9 Agreement for Catastrophic Disaster Response and Recovery. Mayor Salamone read the title of the Resolution. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Nicholas, seconded by Mr. Randels to adopt Resolution No. 94 -54. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. 6. Cit Manner's Re ort. Mr. Boucher stated that he had received a letter from Brevard County Commissioner Karen Andreas regarding the parking fees at Jetty Park which would remain at a fee of $1.00. 7. Monthly Activit y Re orts. No comments. Motion by Mayor Salamone, seconded by Mr. Nicholas for an add on item. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. Mayor Salamone read the title of Resolution No. 94 -56. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mayor Salamone, seconded by Mr. Porter to adopt Resolution No. 94 -56 to appoint Robert Murray as a regular member of the Beautification Board with a term to expire on November 1, 1996. Motion carried with members voting as follows: Mayor Salamone, For; Mayor Pro Tem Porter, For; Councilmember Berger, For; Councilmember Nicholas, For; Councilmember Randels, For. PUBLIC COMMENTS: 1. Mr. Frances J. Kuhn lot E Central Boulevard re: sewer/garbage fees. Mr. Frances Kuhn stated that he had recently purchased a condominium in Cape Canaveral and City of Cape Canaveral, Florida Combined City Council workshop & Regular Meeting October 18 , 1994 Page 10 he was seriously thinking of returning to Titusville or Merritt Island. He spoke against paying for services that he was not receiving such as vacant apartments being charged for sewer and garbage charges. He stated that the City had the opportunity to determine if apartments or buildings were vacant. Mr. Kuhn spoke at length regarding his concerns regarding City operations, specifically the sewer /garbage collection charges. He advised that he would be placing his property on the market for sale and moving out of the area. DISCUSSION: 1. Mr. Potter summarized the status of the City of Cape Canaveral vs. Royal Mansions lawsuit by explaining that there had been a hearing before Judge Evander earlier in October and Judge Evander found that the City ordinance which prohibited daily rentals was valid. Judge Evander also made a factual determination that the units in the past had been rented for periods of less than one (1) week. Mr. Potter felt that Judge Evander's rulings had significantly improved the City's position and the case had been noticed for trial shortly after the first of the year. 2. Mr. Nicholas commented that the City had received a notice of a recent Brevard County Commission meeting which included an item whereby several beachside communities were being classified with an urban County designation. He questioned the benefits of such a designation and whether or not the City should be interested in same. 3. Mr. Porter mentioned the benefits of debating issues publicly. ADJOURNMENT: There being no further business, the meeting adjourned at 9:12 P.M. Approved this 1 st day of November , 1994 r a C. *amone, MAYOR ATTEST: 4 I . 6 �4,� 4 th G. Miller, CITY CLERK