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HomeMy WebLinkAboutMinutes 09-02-2003 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 2, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Building Official Todd Morley PRESENTATIONS: State Representative Bob Allen, Legislative Update State Representative Bob Allen addressed the Council with an update from the State Legislation. Representative Allen related that the Legislature completed Special Sessions on Medical Malpractice and Worker's Compensation and he would provide a synopsis on both. He reported that Ms. Nancy Hanson, Recreation Director kept him apprised of State recreational grant funding awarded to the City and he commended the City on Cherie Down Park being acknowledged as one of the cleanest beaches. He commented on the overall positive changes in the area. Representative Allen related that one idea to establish State revenue streams was for cities to pay Code Enforcement fees when going to Court and he supports the repeal of this bill due to its effect on the judicial process. Representative Allen acknowledged the City's 40 Anniversary and pledged support to City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 2 9 assist with leveraged funding. He announced his return to the Transportation and Economic Development Appropriations Committee. Representative Allen spoke on the results of the Hospital Mitigation project in that land was increased to provide expansion. He related that the High Speed Rail would come before the legislature in an upcoming session. He encouraged Council to stay abreast of this issue in that transportation funding in the area is impacted. Representative Allen stated that Property Insurance rates had increased dramatically in Florida. He reported that the Wind Storm and Joint Underwriters Program were united in order to result in a cost savings under Citizens Insurance. He along with Commissioner Gallagher planned to remove the Arbitration Panel on insurance rates. He related that the Panel had power to increase rates and its repeal may prevent any special interest. He reported on the increasingly high rates for Workers Compensation and explained how fraud played a major part in the increased rates. The systems payment process created a new enterprise among physicians, chiropractors and workers compensation attorneys who were receiving more payment than the injured worker. Representative Allen related that a new and more stringent definition for permanently disabled was introduced. The expectation is a 10 to 14 percent rate decrease. Representative Allen then spoke on Medical Malpractice and he related that Tort Reform was also introduced since Emergency Room care is a requirement with or without available insurance. Physicians felt left at greater risk and asked for sovereign immunity. Tort Reform would place a $150,000 cap on Emergency Room malpractice suits and all doctors are required to work for one hour in the Emergency Room (ER) in order to declare them ER physicians. A general cap of $500,000 was placed per offending group with a release of the cap for egregious proven medical malpractice. Medical specialists were reluctant to practice in the ER and the legislature saw the need to take action in order to retain the level of service for a Level One Trauma center. Representative Allen summarized that regulated rates would prompt the health insurance industry to disclose their rate structures. Mayor Randels asked if there were questions from the audience. Mr. Boucher informed that Citizens Insurance recently sent a cancellation notice on his wind damage insurance. Mayor Randels reported that the City does not pay for health insurance for dependants and now requires cost sharing for its employees, which does not fair equitably with the Cost of Living Allowance. Mayor Randels related that the Lt. Governor said the Cape Canaveral hospital expansion had only one purpose, "to meet the health care needs of our growing community." Mr. Hoog inquired about the 15 percent savings in Workers Compensation insurance. Representative Allen replied that the industry should experience a 12 to 15 percent roll back due to legislative measures that took effect in July. However, overall the Legislature did not desire to regulate a free enterprise system. Mr. Hoog reported that as contractor he was not allowed to shop for rates since the industry sets the rates based on category. Representative Allen responded that each category is rated however Florida had excessive workers compensation rates for less riskier occupations by comparison on a national average. Representative Allen affirmed for Mr. Treverton that the actual amounts for malpractice were less threatening to the overall system. Mayor Pro Tem Petsos asked about telephone rate bills. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 e Page 3 Representative Allen responded that rates are now approved through the Public Service pP g Commission. Mayor Pro Tem Petsos also expressed that the State legislature needs to address fireworks. Representative Allen replied that the fireworks industry has grown exponentially since its established use for agricultural purposes and discussion on regulation is forthcoming. Mayor Randels informed the audience that the desire is to restrict fireworks sales. Representative Allen encouraged the Council to continue to submit data on issues of concern. CONSENT AGENDA: 1. City Council Special Meeting Minutes of August 19, 2003. • Florida Recreation Department Assistance Program Grants for Banana River Park and Canaveral City Park Playground Renovations 2. City Council Regular Meeting Minutes of August 19, 2003. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Short List of Respondents to Request for Bid No. 03 -05, Consultant/ Professional Engineering Services. Mr. Morgan asked if the Council would proceed with the top- ranking firm. Mayor Randels stated that traditionally Council performs an initial ranking and then interviews the top three firms. Mayor Pro Tem Petsos stated his desire to see staffs input on the firms to which Council members agreed. Mr. Boucher recommended a Ranking Workshop meeting immediately following the Budget Hearing on Monday, September 8 at 5:30 P.M. Council Members agreed. Mayor Randels summarized that selections would be finalized after reviewing staffs input. Representative Bob Allen arrived at this time. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 4 4. Motion to Approve: Satisfaction or Release of Code Enforcement Lien, Yogi Patel, Applicant. Mayor Randels reviewed background on the item and read the Requirement of City Code Section 2 -260. Mayor Pro Tem Petsos pointed out that the Code Enforcement Board recommended rescinding the fine if Mr. Patel paved the parking lot. Mr. Morgan stated that a building permit is not required to patch a parking area. Mr. Yogi Patel explained that he patched holes in the parking lot within 10 -days of the order. Mr. Todd Morley, Building Official, reported after the order was imposed Mr. Patel repaired the holes however neglected to call Code Enforcement for an inspection. Mr. Morgan recommended releasing the lien in that the applicant was found in compliance. Mr. Morley informed that the Code Enforcement Board recommended that Mr. Patel obtain a permit to repave the parking lot prior to releasing the lien. Mr. Morgan expressed that such an action would set a precedent with other parking areas in states of disrepair. Mr. Hoog said that the Board's expectation was aesthetic improvement. Mr. Morgan said that resealing and re- striping might suffice. Mr. Hoog referred to the south of the parking area. Mayor Randels informed that the City desired to install and maintain a south entrance City sign in front of Mr. Patel's property and attempted to acquire an easement to do so. Mr. Morgan stated that the City as authority within the right -of -way. Mayor Randels stated that the south portion on the 100 Block of Grant Street was within City limits and the City could maintain this area. Mayor Randels addressed Mr. Patel on the issue of an easement on the North Atlantic Avenue side in order for the City to install a sign and sidewalk and subsequently maintain the area. Mr. Patel replied that his attorney was reviewing the documents he received from the Public Works Director. Mayor Randels concluded that this item would be heard at a later time once the documents were reviewed. Attorney Garganese recommended a Motion to Table the item. A motion was made by Mr. Treverton and seconded by Mr. Hoog to Table Satisfaction or Release the Code Enforcement Lien, Yogi Patel, Applicant. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Building Permit Extension Request, The Scales Company of Brevard, Inc., Applicant. Mr. Morley stated that the Florida Building Code requirement is 90 -days for a building permit extension. He replied to Mr. Morgan that a separate permit was obtained for demolition. A representative from the Scales Company reported that the investors withdrew from the property due to the Space Shuttle Columbia incident. He responded to Mayor Randels that no new construction was begun under the previous permit and the permit was indeed issued under the new 2001 Florida Building Code. Attorney Garganese stated that a new permit is required due to lack of progress. Mr. Morley informed that under City Code provisions the local jurisdiction has the authority to extend the request. Mayor Pro Tem Petsos expressed his concern with transients occupying the unfinished City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 5 buildings. Mr. Tom Parker said that plywood could be adhered to prevent vagrant occupancy. Mr. Hoog requested to have the plywood painted. Mayor Randels summarized a motion to approve the conditional extension to January 21, 2004, contingent upon adhering plywood with tapcons in order to prevent transient occupancy and painted in a neutral color. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Extension until January 21, 2004 of the Existing Building Permit, Contingent Upon Adhering Plywood with Tapcons in Order to Prevent Transient Occupancy and Painted in a Neutral Color. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 18 -2003; Repealing Section 50 -2 and Amending the Adult Entertainment Code. Mayor Randels read Ordinance No. 18 -2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 50 -2 OF THE CODE OF ORDINANCES; PROVIDING AMENDMENTS TO 41111/ ARTICLE IV, ADULT ENTERTAINMENT CODE, TO CONFORM TO THE BREVARD COUNTY PUBLIC NUDITY ORDINANCE; AMENDING THE PLATFORM REQUIREMENT FOR PERFORMERS IN ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Mayor Pro Tem Petsos replied to Mr. Nicholas that the City is responsible for public nudity enforcement. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No. 18 -2003 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 22 -2003; Amending Section 54-47; Providing for a Revised Definition of Vessel. Mayor Randels read Ordinance No. 22 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A REVISED DEFINITION OF VESSEL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 6 There was no public comment. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 22 -2003 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt: Ordinance No. 23 -2003; Amending Chapter 62; Relating to the Collection of Solid Waste. Mayor Randels read Ordinance No. 23 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR THE REGULATION OF RECOVERABLE MATERIALS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 23 -2003 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Adopt: Ordinance No. 24 -2003; Amending Chapter 34, Article 11, Litter. Mayor Randels read Ordinance No. 24 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34, ARTICLE 11 ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF CODE SECTIONS 34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34, ARTICLE II, DIVISION 3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT OF THE CITY'S CODE ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS; PROVIDING FOR THE ABATEMENT OF LITTER AND ASSESSMENT OF COSTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Adopt Ordinance No. 24 -2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem IL Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 7 (b. 10. Motion to Adopt: Ordinance No. 25 -2003; Amending Chapter 34, Relating to Inoperable Motor Vehicles. Mayor Randels read Ordinance No. 25 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 25 -2003 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 11. Motion to Adopt: Ordinance No. 26 -2003; Amending Chapter 54, Relating to Commercial Solicitation. vb. Mayor Randels read Ordinance No. 26 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54 OF THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND WITHIN CITY PARKS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 26 -2003 at second reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 12. Motion to Approve: Ordinance No. 28 -2003; Amending Section 66 -39, Providing for the Vacation or Closure of a Public Street by Resolution, for second reading. Mayor Randels read Ordinance No. 28 -2003 by title. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 8 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE VACATION AND CLOSURE OF PUBLIC STREETS AND OTHER PLACES USED FOR TRAVEL; PROVIDING FOR THE AMENDMENT OF SECTION 66 -39 OF THE CITY CODE; PROVIDING FOR VACATION OR CLOSURE THROUGH ADOPTION OF A RESOLUTION BY THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council inquired about the change of procedure. Attorney Garganese stated that Vacation of property was historically performed by Resolution and this would bring Closure of Public Streets into a conforming process. Mayor Pro Tem Petsos expressed instead to change the platting requirement to an ordinance form. The Council expressed to prevail on the side of caution and provide legal advertising notice to residents when public property is involved. Mr. Gene Petre asked how the residents were notified on Item No. 14. The City Clerk responded by mail. He recommended that the City make such notifications by Certified Mail. Ms. Lee Vicidomini pointed out that in the past when a vacation was done as a Resolution such as the subsequent item it was not recorded and an ordinance would allow for an official adoption. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to Approve Ordinance No. 28 -2003 for discussion. The vote on the motion failed 5 -0 with voting as follows: Mr. Hoog, Against; Mr. Morgan, Against; Mayor Pro Tem Petsos, Against; Mayor Randels, Against and Mr. Treverton, Against. 13. Motion to Approve: Ordinance No. 29 -2003; Amending Chapter 74, Relating to Penalties for Parking, for second reading. Mayor Randels read Ordinance No. 29 -2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE RELATING TO PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR THE COORDINATION OF THE CITY'S PENALTIES FOR PARKING VIOLATION WITH REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels responded to Mr. Gene Petre that parking fines would be increased to $30.00 in order to come into compliance with the Florida Statutes. Mr. Leo Nicholas inquired about No. 6 and questioned if that should read unauthorized parking in a handicapped ;icapped space. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Ordinance No. 29 -2003 at first reading. The vote on the motion carried 5 -0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 9 RESOLUTIONS: 14. Motion to Approve: Resolution No. 2003 -28; Vacating a (12) -Foot Wide Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 — Avon -by- the -Sea. Mayor Randels reported that a letter was submitted requesting postponement until legal counsel for one of the parties would be prepared to attend. Council agreed to proceed due to changing the procedural form for Vacation of Public Lands from a Resolution to an Ordinance. For the record the title of Resolution No. 2003 -28 was changed to Ordinance No. 31[32]-2003. Mayor Randels read Ordinance No. 31[32]-2003 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL; BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE -FOOT WIDE ALLEYWAY LYING WEST AND ADJACENT TO LOTS 5, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON -BY- THE- SEA," RECORDED IN PLAT BLOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3,257 SQUARE FEET, MORE OR LESS); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Garganese provided background on the issue summarizing that the property owners had litigated an issue concerning the alleyway and part of their settlement agreement was to re- petition the City for the vacation of this alleyway, which is the matter before the Council. In review of the record, a previous Council had adopted a Resolution vacating this alleyway in 1973 with a condition prior to its recording in the Public Records however the condition was not fulfilled and the Resolution was subsequently not recorded. Attorney Garganese advised that the Council focus on the issue of "does the alleyway serve a public purpose," on the decision to vacate. Mr. Treverton asked if the vacation could be retroactive to 1973. Attorney Garganese replied no. Mr. Hoog asked for the previous condition on the vacation. Attorney Garganese replied that the condition called for construction in order to vacate. Jason Hedman attorney for Mr. and Mrs. Moriarity, owners of Lot 13, addressed the Council and referred to Page 49 in the package. Attorney Hedman clarified that he did not represent any of the other parties involved. He referred to a memo from former Code Enforcement Officer, Greg Mullins to then Building Official, Dennis Franklin that outlines the history of Resolution No. 73- 11that was also attached. Mr. Treverton inquired which parties were in favor of vacating. Mr. Schoenfeld expressed that his legal counsel was not available and he had submitted a letter requesting a delay. Mr. Morgan replied that since the Resolution was now an Ordinance he would have additional time for representation. Mr. Morgan noted that Lot 5 was legally permitted to make additions on his property. He said that the City was responsible to either make his City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 10 construction non - conforming or pay him for the concrete poured. Mr. Morgan stated that if the Council vacates the alleyway, the driveway for Lot 5 goes into the other half of the alleyway. Attorney Hedman distributed a letter entitled a Summary of Petition to Vacate the Alleyway and stated that there were signed consents from all adjoining property owners. Attorney Hedman summarized the points in the Petition as: 1) the petition is to correct a misunderstanding on the vacated property. Mayor Randels inquired why the Title insurance did not cover that aspect of transferring property. Since public records were not researched throughout the transfers of deeds among subsequent property owners, each owner assumed what they thought was ownership of a vacated property. Attorney Hedman continued with Point number 2) public purpose, does it serve viable use, Point number 3) to expedite the time in resolving the issue and Point number 4) there is no recorded vacation of this alleyway verified by Forrest Broker in Item No. 66 in the Planning and Zoning package. Attorney Hedman had also submitted copies of the settlement suit, Items No. 77 -83. He became involved when Mr. Moriarity was informed that he would no longer have access to his home due to an anticipated fence installation that followed in a 20 -foot access easement agreement. Consequently, there was still the issue of the alleyway and it was determined to vacate the alleyway in order to provide all parties with an additional 12 -feet providing 6 -feet to the property owners on either side of it. Mayor Randels pointed out that for some property owners the allocated 6 -feet would extend beyond that measurement. Attorney Hedman stated that public purpose was the rationale. He stated that those in Siesta Del Mar had consented. Mr. Hoog noticed that Lots 5 had a structure in the alleyway and he inquired about the outcome of vacating. Mayor Randels clarified that the Council's only focus was to decide on whether to vacate the alleyway. Mr. Vicidomini, of Lot 11, said that Lots 10 through 12 would have the problem of litigation at this point the City owns the property. He pointed out that if the alleyway is vacated then there is an access egress issue. Mr. Vicidomini stated that one of the points of previous litigation was whether the alleyway was vacated. He expressed that he did not desire to maintain or make changes to the alleyway after the City vacates it. Mr. Hoag pointed out that Lot 5 was permitted through the City for a driveway and the problem lies in that the Resolution was not recorded and these things were performed in a non - conforming manner. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to extend the meeting until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For Mr. Vicidomini expressed that if there are obstructions in the alleyway, he would prefer that the City correct them prior to vacating. Mr. Hoog expressed that the City neglected to record the Resolution and subsequent construction was permitted. Mayor Randels clarified that the previous Resolution was adopted contingent upon an action. Mr. Boucher stated that a review of the documentation was needed of what was provided to the Building Department for construction. Mr. Hoog asked the City Attorney if Lot 11 decided to sell the ,,, property is it required to disclose in the deed that the property has ingress and egress to City of Cape Canaveral, Florida City Council Regular Meeting September 2, 2003 Page 11 Lot 12 and 13. Attorney Garganese affirmed. Mrs. Vicidomini expressed that when Lot 11 was purchased the property transferred with the Lot plus the eastern 6 -feet of the vacated alley in their title. When the Kister's purchased Lot 12 they too were transferred with the Lot plus 6 -feet of the vacated alleyway. Mr. Moriarity of Lot 13 also had 6 -feet of the vacated alleyway. Mrs. Vicidomini stated that when Mr. Moriarty installed his driveway he moved farther into the stated 6 -feet of the vacated alley. The property owners merely wanted to know if the City had vacated the alley. Mrs. Vicidomini expressed that little headway was made with the City in establishing if the alleyway were vacated since she began her inquiry in the early 1990's. Mr. Treverton asked the City Attorney if the alleyway could be vacated with conditions. Attorney Garganese replied that the alleyway is not used for utility purposes and therefore serves no public purpose. Attorney Garganese stated that the City would encounter private issues on who has the obligation of maintaining the ingress and egress. Mayor Randels made a point of order that the City's decision is to determine if the alley serves a public purpose. Mr. Walter Schoenfeld, of Lot 5, stated that the City has issued him four building permits and he also had the authorization of the title company and the surveyor. He stated that vacating the alleyway would ensue for him a civil suit with his neighbors and therefore this decision would not benefit his property. Mr. Hoog suggested that the owner of Lot 5 remove the existing shed and the City could bear the expense of paving 150 -feet and change the driveway accesses from Lots 12 and 13 off of Lot 11. Mayor Randels clarified that if the City paved the entire 12 -feet of the alley allowing access to Lot 12 and 13 off the alley and eliminated people driving through Lots 11 and 12 the City would keep and maintain the alley. Attorney Hedman responded that the two condominiums have been platted over an alley that was not legally vacated and these legal problems would remain. However, if the City finds that there is no public purpose then the decision to vacate is that of the Council. Mr. Hoog re- stated his point to pave the alleyway and then vacate it. Mayor Randels concluded that no motion or action was taken on the ordinance and a first reading would defer to the next City Council meeting and the remaining Agenda Items would also be on the next meeting. ADJOURNMENT: There being no further discussion, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, Susan St Is, CITY CLERK