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HomeMy WebLinkAboutMinutes 01-15-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 15, 2002 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: } Council Members Present: ry Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber } Others Present: Bennett Boucher, City Manager Mark McQuagge, City Attorney Susan Stills, City Clerk Ed Gardulski, Public Works Director John Pekar, City Engineer, Stottler Stagg and Associates PRESENTATION: Ms. Kim McIntire along with Mayor Randels presented acknowledgements to the Reindeer Run sponsors: Tony Hemandez III, Corporate Signature Sponsor Blue Note Publications, Paul Brevard Radio Group, [not present] Canaveral Port Authority, Carla Fell, for the use of Cruise Terminal III • Coastal Fuels, Rex Thompson, $1,000 Sponsorship Smooth Sailing of Brevard, Fred Burgett Tech Vest, Jim Morris, for Frank Herdesky, $1,000 Sponsorship Waste Management, Linda Frank, who encouraged participation in the City -wide dean up on Saturday, January 19th Clear Channel Outdoors, Larry McIntire and Porter World Trade, John Porter [not present] { { City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 2 Ms. McIntire encouraged the sponsors continued participation in this annual event. Ms. McIntire then presented a check to Mr. Rob Raines, United Way President, in the amount of $8,322 for the Brevard County United Way campaign. Ms. Suzanne Sperling presented Ms. McIntire with a plaque for her participation as race coordinator. Mayor } Randels presented flowers to Ms. McIntire and Ms. Sperling on behalf of the City. Ms. Marguerite Engel — St. John's River Water Management District Ms. Engel stated that the two reasons for her presentation were to focus on the districts commitment to strong local government partnerships and to provide updates which are important to water management programs and projects in the County. Ms. Engel gave a brief overview of the Water Management Districts. The St. John's District covers all or part of 19 counties with a population of more than 3.7 million. There are nine governing Board members on the St. John's District appointed by the Governor for four -year terms. St. John's District has four areas of responsibility: flood protection, water supply, water quality and operational efficiency. The District's functions are permitting, research, restoration projects and environmental education. Ms. Engel's presentation would focus on water supply and water quality. Ms. Engel opened her presentation speaking on the District's water shortage notice in East Central Florida last year. She explained that although there has been above average rain, the water shortage order remains in effect and unless our area experiences { ample rainfall throughout the winter, the hydrologic conditions will prevail this spring. The '£ District started a formal water supply planning effort in 1990. In April of 2000, the first Regional Water Supply Plan called Water 20/20 was approved. The efforts focused on priority water resource caution areas. The District's have collected information that indicates 90 percent of the projected 20/20 demand for public water supply use in East Central Florida will be needed by 2006. Therefore, altemative water sources will be needed between 2002 and 2005. The District is working toward altemative supply through: treatment of surface and sea water, expanded use of reclaimed and storm water for irrigation and artificial recharge and conservation measures. Ms. Engel pointed out that the County wisely developed water supply alternatives prior to crucial need. Ms. Engel advised the cities to promote conservation and regulated land use Ms. Engel stated that Cape Canaveral has received $175,000 to date in grant funding for upgrades to the wastewater treatment system and reclaimed water system. Ms. Engel announced the Central Florida Water Summit on January 31 that would focus on the theme, "Water Supply Regional Challenges and Regional Solutions." Ms. Engel continued with her second presentation area, water quality, which highlighted both a study and plan concepts. She reported that the Army Corps of Engineers combined with the St. John's District to develop the Indian River Lagoon North Restoration Feasibility Study and a Project Management Plan. The focus of the study would determine the changes needed to restore water quality and ecological conditions. The Project Management Plan would establish the scope, set a schedule and determine the costs associated with the feasibility study. The study includes from the Ponce Inlet area in Volusia County to Fort Pierce inlet. The result of the study is Congressional City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 3 approvel and funding with a five to seven year time frame prior to construction. A project delivery team is responsible for both the study and the plan and the City is encouraged to participate on the team. Ms. Engel's addressed the final area in her presentation as the National Pollution Discharge Elimination System Phase II, (NPDES Stormwater Program.) She explained that any municipal separate storm water system, the MS 4's are required to obtain the NPDES permit by March of 2003. An MS 4 program must be fully implemented within five years of receiving a permit. Violators will incur Federal and State penalties. Ms. Engel outlined that the permit requirements include six minimum control measures, evaluation methods, and record keeping. She pointed out that the six control measures are public education, public participation, elicit discharge detection and elimination, construction site stormwater controls, post construction controls and pollution prevention good housekeeping for municipal operations. Ms. Engel stated that best management practices, measurable goats, timing and frequency of the actions and designation of a responsible person would ensure each measures success. Ms. Engel's identified that elicit discharge detection and elimination would require the greatest amount of resources for compliance. This segment requires a sewer system outfaft map, prohibition of non- storm water discharges, implementation of detection systems and enforcement procedures prior to March 2003. Ms. Engel commended Cape Canaveral on its proactive measures toward a storm water utility, installing storm water recovery and treatment systems, adhering storm drain markers and retrofitting done in partnership with the District. In closing, Ms. Engel announced the District's new web address: www.sarwmd.com, and she thanked Council Member Larry Weber for becoming a Liaison to the Water Management District. Mayor Pro Tem Petsos pointed out that the detection and inspection would require additional staff and inquired if this is unfunded mandate. Ms. Engel responded that Phase II is the Florida Department of Protection's responsibility and funding might be available due to state administration. Mr. Boucher asked which would take precedence the NPDES permitting or the Lagoon study? Ms. Engel's responded that one project is consequent to the other. She explained that the District considers the NPDES pollution prevention and if pollution measures are not met through the maximum daily loads then stricter guidelines are administered. Mayor Randels asked if the City had its NPDES five- year permit to which Mr. Gardulski responded that the City obtained a plant permit. Mr. Bruns reported that the Army Corps of Engineers adopted a new regulation stating that mitigation is not required to occur on a one - to-one basis with new development and construction. He asked Ms. Engel if St. John's would review the impact of the hospital mitigation on the Center Street area Ms. Engel responded that the agreed upon mitigation by the hospital possibly exceeded the District's allowable requirement. } Ms. Lisa Moore — Applicant for the Beautification Board Attorney McQuagge asked Ms. Moore for additional background on her application to serve on the Board. Ms. Moore responded that she owns rental property and is a Realtor. She related that she has a background in Govemment finance, grants development and City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 95, 2002 Page 4 management. Ms. Moore also has 20 years experience with govemment agencies. Attorney McQuagge asked how she viewed the City's progress or the lack thereof? Ms. Moore emphasized her endeavor toward teamwork and that she would like to see changes on Astronaut Blvd. She viewed the 528 Interchange and the City as a gateway to Cocoa Beach. Ms. Moore promoted continuity and teamwork with systematic improvements. Attorney McQuagge inquired if Ms. Moore had served on any similar Board. She responded that she served on Citizen's Budget Advisory Committees. Ms. Moore looked forward to the prospect of serving on the Board. Mr. Weber expressed appreciation for her willingness to serve on the Board. Mr. Treverton asked Ms. Moore if she were aware of Mr. Bennix's $300,000 donation toward beautification projects. She responded that Mayor Randels had informed her prior to the meeting. Mr. Treverton related that Council anticipates planning from this Board on beautification projects. Mayor Randels pointed out that Ms. Moore's application stressed a °win -win" approach and that she hoped to improve the quality of life in the City. Mayor Randels related that voting action would be placed on the next City Council meeting agenda. Ms. Gayle Schaefer - Business & Cultural Development Board & Community Appearance Board Attorney McQuagge asked Ms. Schaefer to provide background on her experience to work with the Board. Ms. Schaefer stated that she works with the Brevard zoo and has worked for non - profit agencies on special events management. She studied urban planning in school and is interested in economic development. Attorney McQuagge inquired about her vision for the City. Ms. Schaefer responded that she was involved in the strategic planning in Louisiana and she desires involvement in the same aspect in Cape Canaveral. Attorney McQuagge asked if she were aware of these Board's functions and asked if she would explain her interpretation of the same. Ms. Schaefer responded that she is leaming about the Business and Cultural Development Board's current projects. Mr. Weber, who had worked with Ms. Scheafer, said that she would be a welcome addition to the Board and thanked her for volunteering. Mr. Treverton asked for clarification on her Board of choice. Ms. Schaefer stated that the Business & Cultural Development Board was her first choice. Mr. Boucher responded that she would become an alternate member on the Business and Cultural Development Board. Mayor Randels related to Ms. Schaefer that an action item would be placed on the next Council agenda for appointment. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No items were removed. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 5 1. City Council Regular Meeting Minutes of December 18, 2001. 2. Policy on Paid Leave for the Govemor's Municipal Mentoring Program. 3. Motion to Adopt: Resolution No. 2002 -01; Appointing Billy Specht, First Alternate to the Recreation Board. 4. Motion to Adopt: Resolution No. 2002 -02; Appointing Burt Bruns, Regular Member to the Community Appearance Board. 5. Cooperative Purchase of a 2002 Dodge Dakota 4x4 for the Building Department in the amount of $17,845 to Jack Caruso's Regency Dodge, Inc. 6. Outdoor Entertainment Permit for the Traveling Skate Park, February 21— 24"'. Mr. Weber thanked Mr. Specht and Mr. Bruns for their willingness to serve on the Recreation Board and the Community Appearance Board. CONSIDERATIONS: 7. Design/ Build Contract with Stottler, Stagg and Associates for the A1A West Pedway Bridge in the amount of $45,000. Mr. Pekar explained the similarities in this bridge and the Porter Bridge and stated that project completion is possible within a 90-day window once permits are acquired. Mr. Weber referred to the different type of construction concept? Mr. Pekar explained that a different design consideration was necessary due to crossing the reuse line at the north and south end. He stated that there would be Tess of a turnout than the Porter Bridge. Mr. Pekar said that benches might be used at the bridge's north/south entrances. Mr. Treverton asked for specifics on the price reduction from $70,000 to $45,000. Mr. Pekar responded that working with the contractor from the project's inception fast tracked the process and subsequently transferred the savings to the City. Mr. Pekar stated that the firm formed a partnership with the same contractor of the Manatee Sanctuary Park boardwalk. Mayor Pro Tem Petsos questioned the use of a geotechnical engineer insofar as the need and cost? Mr. Pekar responded that $800 to $1,000 is needed for soil borings at either abutment. Mayor Pro Tem Petsos also questioned the need for any special surveys, special sub - surface design and environmental studies submission requirements and asked if these were anticipated? Mr. Pekar responded that this section is a catchall for possible costs. Mayor Pro Tem Petsos also questioned if insurance were necessary? Mr. Boucher would confirm with the League on insurance. Mayor Pro Tem Petsos clarified that the geotechnical engineer and permitting were the only anticipated cost above the stated amount. Mr. Pekar approximated permitting at $500. Mr. Boucher asked for authorization to fund the project through the Brevard County C Impact Fee using an Inter -local agreement. He also requested to place the $38,000 from the Porter Bridge into the street re- surfacing fund. Mayor Randels clarified that the City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 6 motion to approve the design/building contract would include the action to fund the project through Brevard County Impact fees and to place the $38,000 from the Porter Bridge into the street re- surfacing fund. Mr. Bruns pointed out that there was no sidewalk on the north /side sides of the bridge He commented that at this time there is no pedestrian or bicycle access. Mayor Randels stated that funds are in escrow for a south end sidewalk and Mr. Boucher concurred that 1,500 feet of sidewalk is budgeted for that section of the roadway. Mr. Bruns responded that funding for such sidewalks are better served from the Cape View School to City Hall. Mr. Gardulski affirmed for Mayor Pro Tem Petsos that a sidewalk route to City Hall is available and he would forward the same to the Cape View Elementary School. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Design/Build Contract of the West Side A1A Pedway Bridge in the amount of $45,000 to include funding from the Brevard County Impact Fees and to transfer the $38,000 from the Porter Bridge to the street re- surfacing fund and include any additional request from the Brevard County Impact Fees for Extending Sidewalks. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For, and Mr. Weber, For. At this time Mayor Randels recognized Clear Channel Communications for its sponsorship in the Reindeer Run. rr 8. Stormwater Utility Consultant Contract with Berryman & Heniger, Inc. in the amount of $73,500. Mr. Boucher provided background on the contract in that stormwater permitting requirements are imminent by the year 2003. He explained that this task would implement a rate plan for assessing developed properties in the City for a stormwater utility fee to help pay for the anticipated storm water improvements. Mr. Jeff Earhart thanked the Council for their consultant selection. He emphasized how public buy -in is essential to the goal. Mr. Earhart pointed out that his firm has performed NPDES permitting in other communities and this service could be added to the contract. Mayor Randels questioned about the cost of citywide mailings under the Public Education section? Mr. Earhart responded that $2,500 is built -in for reimbursable expenses that was not built into the cost of the contract. However, Mr. Boucher reminded that the firm would need to work within the parameters of the grant funding. Mr. Boucher responded to Mayor Pro Tem Petsos that funding is set up in the General Fund reserve. Ms. Bowers responded to Mr. Treverton that funds would be recouped once the fee is implemented. A motion was made by Mr. Morgan and seconded by Mr. Weber to approve the Stormwater Utility Consultant Contract with Berryman and Henigar in the amount of $73,500. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For C City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 • Page 7 9. Proposal from Brown and Caldwell to Evaluate Structural improvement to the Wastewater Treatment Plant in the amount of $11,000. } Mr. Gardulski, Public Works Director, explained that this proposal is derived from maintenance at the wastewater facility. He outlined the problem areas: 1) Damage to head works bridge, 2) Corrosion and damage to the oxidation ditch and 3) Corrosion to the clarifier bridge steel support beam. Mr. Gardulski displayed photos on each area proposed for maintenance and explained that the specific details as: a moving walkway on the head works bridge, corrosion of the steel at the aerating bridge, corrosion to the bridge pedestals. Mr. Gardulski affirmed to Mr. Treverton that the plant could operate on one oxidation tank during repairs. Mr. Morgan stated that he physically toured the plant and he explained that some times the contractor might strip the forms too quickly and the concrete has not had a chance to cure therefore the problem might be something other than the spalling or it might be a combination of both. Mayor Pro Tem Petsos asked if Hartman and Associates were contacted and Mr. Gardulski affirmed that he maintained contact. Mr. Morgan suggested reviewing the as -built plans to address the head -works bridge problem. Mr. Gardulski responded that the as -built plans would be available to the consultant. Mr. Gardulski responded to Mr. Treverton that design and bid documentation would be included in the cost. Mr. Morgan recommended an on -site structural engineer to acquire elevations and detect any movement on the head works bridge. Mr. Gardulski responded that the scope of the problem is extensive. Mayor Pro Tem Petsos questioned the design/ build portion of the proposal. Mr. Gardulski responded that the design/ build concept removes the $11,000 design/ bid proposal. A motion was made by Weber and seconded by Morgan to table this item until Mr. Gardulski obtains a price on the design/ build concept. The vote carried on the motion 5- 0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For, and Mr. Weber, For Ordinance — First Public Hearing: 10. Motion to Approve: Ordinance No. 05 -2001; Setting Forth and Adopting the First Plan Amendment for 2001 as Provided in CPA -01 -1, for second reading. Mayor Randels read Ordinance No 05 -2001 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST PLAN AMENDMENT FOR 2001 AS PROVIDED IN CPA -01 -1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS TAX PARCEL 24.37 -15 -002510.0000.0 CONTAINING APPROXIMATELY 1.825 ACRES OF INFILL DEVELOPMENT FROM C -1 COMMERCIAL TO R-3, MEDIUM DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. } 3 City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 8 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adopt Ordinance No. 05 -2001 for second reading. Mr. Peetz explained that the ordinance is a land use change from C -1 to R -3 that would make the Puerto -Del -Rio Condominiums project consistent with itself. The height limitation would increase to 45 -feet. He stated that due to the density, this is considered a large -scale plan amendment, however the Department of Community Affairs would not perform a formal review. Mr. Peetz responded to Mayor Pro Tem Petsos that this plan amendment would count as a large -scale plan amendment for the year. If another large - scale plan amendment proceeds in March, the adoption process would not conclude until next year. Mr. Peetz stated that the number of amendments would not apply to a small- scale plan amendment and a small -scale plan is imminent. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 11. Motion to Approve: Ordinance No. 07 -2001; Amending the Official Zoning Map as Described in Section 110 -246 by Changing the Class of Certain property from C -1 to R -3, for second reading. Mayor Randels read Ordinance No 07-2001 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM C -1 (LOW DENSITY COMMERCIAL DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL); AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Peetz stated that this would make the City's Zoning Map consistent with the Comprehensive Plan. A motion was made by Mr. Weber and seconded by Mr. Treverton to approve Ordinance No. 07 -2001 for second reading. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. RESOLUTIONS: 12. Motion to Adopt: Resolution No 2002 -03; Final Plat Approval of Adams Villas. Mayor Randels read Resolution No 2002 -03 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA; City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 9 APPROVING THE FINAL PLAT OF "ADAMS VILLAS "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos for Final Plat Approval of Adams Villas. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 13. Motion to Adopt: Resolution No. 2002 -04; Appointing a Representative to the Brevard Water Supply Board. Mayor Randels read Resolution No. 2002-04 by title. A RESOLUTION APPOINTING A COUNCIL MEMBER TO THE BREVARD WATER SUPPLY BOARD TO REPRESENT THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA DURING THE DEVELOPMENT OF A LONG RANGE WATER SUPPLY PLAN FOR BREVARD COUNTY BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to adopt Resolution No. 2002-04, Appointing Mayor Rocky Randels as the Representative to the Brevard Water Supply Board. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For DISCUSSION: 14. Dog Park. Mayor Randels explained that he desired to investigate the feasibility of using a small portion of the Manatee Sanctuary Park for a dog park. He said that he would acquire further information if there were any interest. Mayor Randels reported that the County is working on this issue and Satellite Beach and Palm Bay are attempting such an endeavor. Mayor Pro Tem Petsos asked if the Recreation grant would allow this proposed use at the Manatee Sanctuary Park. Mr. Boucher responded that a change in use would require Board of Trustee approval. Mayor Pro Tem Petsos expressed that he would consider an alternate location. Mayor Randels suggested using the 5 -acre parcel of land on the north side of the Angel Isle area for a dog park. Mr. Nicholas pointed out that this would incur a change to the City's animal control ordinance. Ms. Kim Hayes spoke on behalf of the dog park in that they have been moved from one location to another due to construction in the currently used areas. Mr. Boucher stated that Chuck Nelson, Brevard County Parks and Recreation, did research and he will recommend for the County when establishing a dog park that such parks not be commingled with existing recreational use parks. Mr. Morgan pointed out that few residents with dogs would gather in masses. Council agreed by majority to obtain further information. Mr. Boucher recommended that Nancy Hanson and the Recreation Board provide additional City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 10 research. Mr. Pekar, City Engineer, reported that his firm is working on a dog parkin the County and would be wiling to share information with Ms. Hanson. 15. Youth Curfew. Mayor Randels reported that this request resulted from his ride with a precinct officer. Mayor Randels encountered youth walking on the streets in the late night/ early morning hours. He reported that the City of Melbourne established a curfew that resulted in reducing teen victimization and reduced arrests. Mayor Randels stated that the Council could adopt Florida Statute Section 877.20. Mayor Pro Tem Petsos asked if this was a significant problem. Attorney McQuagge related that he spoke to Commander McGee and found that the City does not demonstrate a necessity for establishing a curfew. Attorney McQuagge explained that the Statute makes minimal provision for enforcement with a maximum penalty of a $50 civil fine. Attomey McQuagge explained further that sub - section (4) requires retention for the individual with the resulting effort of no more than the $50 fine. He stated that there are other law enforcement measures to use that are more effective than a curfew measure and the time and expense of enforcing a curfew law provides minimal benefit. Council members agreed by majority that current law enforcement measures are acceptable. 16. Repeal of the 2002 Sewer Rate Increase. Mr. Boucher stated that he distributed background information on the topic and he spoke with Mr. Morgan who desires that Council revisit the baseline scenario. Mr. Boucher related that Mr. Morgan believes that external factors such as the cost of living increase and the City's growth have changed since the rate study. Mr. Morgan stated that in reviewing the June study and amended study in August from Burton and Associates, growth was projected at 2 percent when in fact it is 5 percent. He also reported that the consumer cost of living index was projected at 3.5 percent and it is at 1.9 percent. Mr. Morgan said that the interest rate was projected at 5.3 percent. He said that the percentage submitted was 4.9 percent or $86,000. Mr. Morgan said that 2.86 percent was returned on investment in November and 2.43 percent in December which approximated to 30 percent. Ms. Bowers informed his that this money is allocated. Mr. Morgan stated that excess funds do exist. Mayor Randels clarified that the percentage is an annual return and the 30 percent is not compounded per year. Mr. Morgan restated that the City received $86,000 in the previous fiscal year. Mr. Morgan restated that growth has increase dramatically. Mayor Randels responded that although there is income, there are expenses to factor. Mr. Morgan stated that he desired for the Council to not proceed with the proposed ti sewer rate increase. Mayor Randels stated that if this action were taken, in the fifth year capital expenditures would be exhausted. Mr. Boucher replied to Mayor Randels question on the overall study that in the executive summary there was baseline reports from Burton and scenarios were projected from those baselines. Mr. Boucher clarified C • that the summary is the same, however different baselines were used. Mayor Randels read from page 11 of the report, "this scenario of no rate increase results in the depletion City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Paso 11 of all financial reserves to the minimal level." Mr. Treverton stated that the 4.9 percent return reported was well above the State's return on investments and he also expressed that it was imprudent to second -guess well paid advice. Mayor Pro Tem Petsos expressed concern with lowering the debt service and this implementation would allow the condominiums to make informed expense decisions. Mr. Boucher related that the baseline scenario was the result of computational analysis with possible forecasting. Mr. Morgan asked if any additional windfall of funds incur from the proposed increase. Mayor Randels said that the Comprehensive Annual Financial Report would discover the results of the implemented increase. Mr. Boucher reminded that this issue could be beneficially reviewed during the budget process. REPORTS: 1. City Manager • Mr. Boucher reported that the Building Department collected $92,000 in building permit fees. • Mr. Boucher reported that Todd Peetz and Associates developed an Interactive Comprehensive Plan Code. Mr. Peetz would like to sell the City this code program that interacts with the Comprehensive Plan and the City Code and Mr. Peetz requests to make a presentation at a future City Council meeting. • Mr. Boucher announced the Business and Cultural Development Board recommended the Sun Cruise Terminal at the Port Authority for the next Wednesday/ Friendsday on July 10 since the Radisson Resort could not mil✓ accommodate the event this year. Mayor Pro Tem Petsos pointed out that changing the City's hosting date was a previous consideration and he expressed his opposition to moving the location to the Port since this is a City event. Mr. Weber concurred. Mr. Boucher will ask the Board to reconsider its recommendation. • Mr. Boucher inquired about the City policy on residents removing flowers from the medians prior to Public Works removal. Council agreed by majority to proceed with law enforcement intervention. • Mr. Boucher said that staff would proceed with capital purchases due to delivery times for vehicles. AUDIENCE TO BE HEARD: • Mr. Leo Nicholas reported on behalf of the Beautification Board that a continued sidewalk is planned for Washington Park as well as landscaping for the Veterans' Memorial Park Mr. Nicholas also related that the Board discussed the sign at the north entrance of the City. He proposed utilizing Stonier Stagg and Associates for professional renderings. Mr. Weber suggested that Mr. Nicholas work with Mr. Barzelatto of the Business and Cultural Development Board on this sign concept. • Mr. Nicholas asked if something could be done to minimize the number of peacocks in the Harbor Heights area. Council members responded that this is an animal control issue. City of Cape Canaveral, Florida City Council Regular Meeting Minutes January 15, 2002 Page 12 • Ms. Toni Hackman spoke in favor of the dog park discussion and expressed that she travels as far as Sanford to use a dog grooming and she related that other interested sted part es would be glad l to speak at a future { meeting. Mayor Randels expressed that Ms. Nancy Hanson and the Recreation Board would perform an investigative study to find a location and determine if a dog park is feasible. • Mr. Weber announced that he would not be present at the next scheduled Council meeting. Due to the laV,,,hgluk, staff and Council members gave no further reports. There • 1 , :,, r .4 , kis the Chair called to adjourn the meeting at 10:15 P.M.. , t'f,46. , #• - r" s'‘ C c)t. Q.../k Cm,.,-0Q-9.-- r �� 7, * 4 , r 4 4 � ' . Rocky Randels, MAYOR , i _ ; % 7 'P, 'e • fq Sus- , ".' C 1 1 i s ! I c 1 t f I z 1