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HomeMy WebLinkAboutMinutes 03-19-2002 Regular CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 19, 2002 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Lary Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer C Moms Reid, Building Official Ed Gardulski, Public Works Director Nancy Hanson, Recreation Director PRESENTATION: Student Art Show Award Winners, Business and Cultural Development Board The Student Art Show winners from the Cape View Elementary School were in attendance. Mayor Randels announced the name, grade level and place in show of each child's artwork. Mayor Randels and Mayor Pro Tem Petsos awarded special acknowledgements of a U.S. Savings Bond to Jerimyah Brown, Grade 12, Cocoa Beach Jr. /Sr. High School, Poster Contest Winner; Crisstini Pollotti, Grade 5, Cape View Elementary, Judges Choice; R.J. Sheriban, Grade 5, Cape View Elementary, Best -In- Show; Daniella Acevedo, Roosevelt Middle School, Best -In -Show; and Brittney Keman, Freshmen, Cocoa Beach Jr. /Sr. High School, Best -In -Show. Mayor Randels expressed the City's pride in the students' for their art accomplishments. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mr. Treverton requested to remove Item No 6 for discussion. 1 j City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 Page 2 A motion was made by Mr. Weber and seconded Mayor Pro Tem Petsos to approve Consent Agenda Items No 1, 2, 3, 4, 5 and 7. 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 1. City Council Regular Meeting Minutes of March 5, 2002. { 2. Sole Source Purchase of the Community Analysis Software Program from Planning Partnerships, Inc. 3. Renewal of the Landscaping and Mowing Service Agreement with Nick's Landscaping. 4. Cooperative Purchase of Sanitary Sewer Line Cleaning and Televising Services. 5. Cooperative Purchase of Sanitary Sewer Lining and Manhole Repair Services. 7. Resolution No 2002 -11; Appointing a Regular Member to the Code Enforcement Board. (J. Hale) Item Removed For Discussion: 6. Proposal from Brown and Caldwell Engineering Services to Evaluate the Reclaimed Water System. Mr. Treverton noted that the scope of the project is to provide additional storage capacity. He referred to a report in which the Canaveral Port Authority director moved to approve a Hartman and Associates evaluation of existing stormwater ponds and conceptual plans for stormwater aquifer storage in the amount of $65,000. Mr. Treverton asked if there were a way for the City to dovetail on this project and obtain some of its benefits. Mr. Randels called on Ed Gardulski, Public Works Director, for the scope of the proposed reclaimed water system evaluation. Mr. Gardulski explained that the Hartman study at the Port was to inject the City's reclaimed water not storm water into the aquifer. He stated that this stored water could be drawn from during the drought periods. Mr. Gardulski stated that this could be a point of discussion when negotiating a reuse agreement with the Port. Mr. Gardulski informed that the main purpose of the Brown and Caldwell's study was to review the reuse system as a whole and determine the areas for improvement. He clarified that the study is for the reclaimed water system and pumping, not for aquifer storage and recovery. Mr. Gardulski acknowledged Mr. Ted Hortenstine, P.E., who was available for questions. gs City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 1 Page 3 Mayor Randels inquired about developing the hydraulic model in that the City would be I able to obtain a copy of the model but not the software. Mr. Hortenstine replied that the software cost is $5,000, however the City would receive the study results and a copy of g the model for any subsequent firm to use as long as they have the software to run the application. Mr. Hortenstine informed that the Brown and Caldwell study focused on the distribution of reclaimed water and the Port's aquifer storage and recovery study was researching methods for a better supply of water during a drought period. Mr. Hortenstine replied to Mr. Treverton in that the storage evaluated in this study is storage for high demand periods of reclaimed water use A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve g Consent Agenda Item No 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 g I CONSIDERATIONS: 8. Presentation of the Annual Audit for the Year Ending September 30, 2001. I I Ms. Andrea Bowers, City Treasurer introduced Mr. Ed Beck, of Bray, Beck and Koetter, Inc. Ms. Yvonne Clayborough, Ms. Shama Dixon and Ms. Jill Rayas. Mr. Beck provided I C background information on the audit process and the technical and legal requirements on which the audit plan is based in order to comprise the City's Comprehensive Annual I Financial Report (CAFR). Ms. Clayborough distributed handouts of the presentation and reviewed the scope and work plan in the audit process. She stated that the results of the final audit include: the audit report, audit report on internal control and compliances and } the management letter. Ms. Clayborough reviewed the audit time frames, the work 4 included in those time frames, the auditor's results and on which page these items could be found. She noted that Govemment Accounting Standards Board 34 (GASB 34) implementation would change the format of the City's financial statements and I encouraged the Council to attend seminars on the GASB 34 process. i Mr. Beck then reviewed the year's financial highlights. He began with the Unreserved i Fund Balance and stated that it has increased progressively. Mr. Beck indicated a revenue spike due to a private donation in development as well as impact fees that were I not expended from this fund. He proceeded to the Unreserved Fund Balance as a Percentage of Expenditures and pointed out that the City has exceeded the statewide benchmark with a balance of 55 percent in Unreserved Funds over the State's 42 percent standard. Mr. Beck reviewed the City's total expenditures per population and he noted that the City has fallen well below other cities comparatively on expenditures. Mr. Beck reviewed several graphs such as revenue sources, expenditures by activity and sewer fund revenues versus expenditures that depicted the City's financial activity. Mr. Beck I pointed out on a sewer fund operating revenues and expenses graph that the cost of i C sewer operations is trending upward by 8 to 10 percent per year He stated that one of 1 I 1 i City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 Page 4 the major changes was the loss of the sewer revenue from the Port in the 2000/2001 timeframe. Mr. Beck noted that the City Treasurer is implementing a special analysis of detailed expenses in that fund. Mr. Beck explained that from1997 and 2001 there is an operating Toss of $93,000. Mr. Beck replied to Mr. Morgan's question of how much of that was attributed to the loss of Port in that the volume of revenues was in the range of $380,000. Mr. Beck emphasized that this operating cost trend bears watching. Mr. Beck concluded his presentation, thanked the Finance office for its cooperation and opened the floor for questions. Mr. Morgan commended the auditors on their work. Mr. Weber thanked the auditors and the City Treasurer for prudent management of the City's finances. Mr. Treverton thanked the auditors for a concise presentation. Mayor Pro Tem Petsos thanked the firm and asked Ms. Bowers which Capital Projects Fund was closed out in relation to $282,000. Ms. Bowers replied that the 301 Capital Projects Fund was closed out in preparation for GASB 34. Mayor Randels inquired about overlapping debt? Ms. Clayborough explained that the County views overlapping debt as belonging to all of the Recreation Districts. Ms. Clayborough stated that two percent of the overall Recreation District portion would apply to the City. Mr. Beck stated that this is not an actualized debt. Ms. Claybourgh also stated that this debt would only apply if the County went into default on its debt service. Mayor Randels noted that under GASB 34, analysis is forthcoming on infrastructure. Ms. Claybourgh explained that municipalities with revenues of less than $10 million at September 30, 1999 can elect to include infrastructure cost or to forego the previous years, capitalize and proceed forward. Mayor's Randels expressed concern in planning for replacement and maintenance. Ms. Bowers replied that Council has been setting aside funds, however it is not a legally restricted designation of fund balances. She said that in fiscal policy Council has been increasing the set aside funds. Ms. Bowers replied to Mayor Pro Tem Petsos that the set aside funds are a line item in the balance sheet, and the funds are designated but not restricted. Mr. Beck explained that the funds such ,of as the $2.8 million in Unreserved Funds is not legally restricted, however if this amount were legally restricted this unreserved fund balance could be moved to the reserved fund balance. Mayor Pro Tem Petsos asked if Council could place this as a discussion item on the next agenda to legally set aside unreserved fund balances. Mayor Randels noted that under current year comments purchasing procedures were adjusted. On a final note, Mayor Randels said that the Sheriff's Department had not performed accounting on Fines and Forfeitures. Ms. Bowers clarified that the Clerk of the Circuit Court is responsible for this reporting; however that department is experiencing software problems. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the Presentation of the Annual Audit for September 30, 2001. 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 lire 1 City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 Cr; Page 5 Mr. Beck informed that this year concludes the firm's previous contract with the City and requested to continue with a multi -year contract. The City Manager will place a contract for consideration before the Council on an upcoming agenda. ORDINANCES: Second Public Hearing: 9. Motion to Adopt Ordinance No 05 -2001; Setting Forth and Adopting the First Plan Amendment for 2001 as Provided in CPA -01 -1. 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. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Ordinance No 05- 2001. Mr. Peetz pointed to the parcel in discussion on the City Zoning Map and stated the intent to change this parcel from C -1 to R -3 zoning. He reported that the Department of Community Affairs approved the application without a 90 -day review. Mr. Reid explained for Mr. Weber that the Puerto Del Rio project comprises 11, five -story condominiums with 12 to 16 units per building. He said that the access for the turnaround actually generated the applicant to make changes leaving the rear of the parcel for access. Mr. Reid replied to Mr. Weber that the developer has created a loop through the development and then there is a road extending off which is Tess than 500 -feet and a radius to turn emergency vehicles is needed. Mr. Peetz replied to Mayor Pro Tem Petsos that the time frame to submit another large -scale plan amendment would not impact the City's allowance of large -scale plans review for the year. 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 10. Motion to Adopt: 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. Mayor Randels read Ordinance No 07 -2001 by title. City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 Page 6 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. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Ordinance No 07 -2001. 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 11. Motion to Adopt: Ordinance No. 02 -2002; Amending the Official Zoning Map as Described in Section 110 -246 by Changing the Class of Certain Property from R -2 to M -1 on 4.601 Acres and R -2 to C1 on 5.375 Acres. Mayor Randels read Ordinance No 02 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 -246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R -2 (RESIDENTIAL) TO M -1 (INDUSTRIAL) ON 4.601 ACRES AND R -2 (RESIDENTIAL) TO C -2 (COMMERCIAL) ON 5.375 ACRES; AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mr. Morgan to table Ordinance No 02 -2002 until April 16, 2002. The vote failed 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. Mr. Morgan related that he had spoken to Mr. Don Haynes who was unaware of the proposed project. Mr. Morgan said that the City has done everything appropriately up to this point, however he believed that people should be notified even though it is not required as for amendments initiated by the municipality. He would like to see the City continue to work on this and make sure that there is notification. Mayor Pro Tem Petsos stated that in the previous meeting the Council was led to believe that all surrounding property owners were notified and the case is they have not been. Mayor Pro Tem Petsos stated that in the past the Council has felt strongly in making sure that surrounding property owners were notified and he wanted to ensure that that happens. Mayor Pro Tem Petsos also said that the Council was told that the applicant was working with the owner to develop the property. Mr. Morgan noted that his misunderstanding was in proper notification. Mayor Pro Tem Petsos expressed his desire to change the requirement and ensure that the City always provides notification. Attorney McQuagge replied that the Statute is very clear that the notification provided in it is a minimum 3 City of Cape Canaveral, Florida I City Council Regular Meeting March 19, 2002 Page 7 I requirement. Mr. Morgan referred to State Statutes, Section 166.041(c) 1 and noted state 3 guidelines for a municipality saying that the Council should make these guidelines the same for an individual. Mayor Pro Tem Petsos requested an ordinance or resolution to require notification whether it is of the City or an individual. Mayor Pro Tem Petsos requested that before the Council meets on this item again that all property owners are 2 notified. } , 1 Attomey McQuagge provided caution in that the Code does provide for direct notice for affected property owners that are contiguous to the possible modification. For example, in I the case of a special exception or variance, direct notices are sent to adjacent property I owners but that is done in lieu of notices published 14 -days prior to the hearing. Such I notice is the requirement for what was done in the Comprehensive Plan Amendment and subsequent Future Land Use Map. He said that by adding additional requirements for notification of adjacent property owners, Council is creating an additional obligation by the City to provide these property owners additional litigation. Attomey McQuagge stated that i this is a consideration when a property owner disagrees with the Council that the first point of attack is if proper notice were given. If the City is in a situation of ad additional requirements, Council will possibly be creating litigious issues of proper procedure. Attomey McQuagge said that at some point the City will take responsibility for those notifications even though the property owner supplied the names, the City will have the responsibility for those notifications. He explained that if staff is made responsible for I C this additional procedure that it might impact the timeliness of the process. Mayor 4 Randels concluded that the position of the Council is to see that notification is done and noted the City Attorney's advice of not beginning a process that might create a liability. Mayor Randels restated that notifications are the Council's desire if for no other reason than a courtesy. Mr. Kirschenbaum reported that a 33 -page statement was filed with the application of all property owners within 500 -feet. Mayor Randels stated for the record that the City staff did follow the correct procedure in this instance. i 11 A motion was made by Mr. Weber and seconded by Mr. Morgan to table Ordinance No I 02 -2002 until the next City Council meeting of April 16, 2002. The vote on the motion I 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. j 12. Motion to Adopt: Ordinance No 03 -2002; Amending Code Section 2 -102, Deputy City Manager. I J Mayor Randels read Ordinance No 03 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 2 -102 DEPUTY CITY MANAGER. BY AMENDING APPOINTMENT OF THE DEPUTY CITY MANAGER; PROVIDING FOR SEVERABILITY; 1 PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. ; C 1 4 City of Cape Canaveral, Florida City Council Regular Meeting i March 19, 2002 1 C Page 8 1 A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to approve Ordinance No 03 -2002 at second reading. The vote on the motion carried 5-0 with voting 1 as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For 3 I 13. Motion to Adopt; Ordinance No 04 -2002; Amending Code Sections 2-57, Special Meetings; 2-58, Workshop Meetings; 2-59, Preparation of Ordinances and Resolutions Prior to Meeting; 2-60, Preparation and Notice of Agenda; 2- 64, Call to Order, Quorum, Roll CaII and 2-65 Minutes. Mayor Randels read Ordinance No 04 -2002 by title. 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTIONS; 2-57 SPECIAL MEETINGS; 2 -58 WORKSHOP MEETINGS; 2-59 PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING; 2-60 PREPARATION AND NOTICE OF AGENDA; 2-64 CALL TO ORDER. QUORUM. ROLL. CALL; 2- 65 MINUTES BY AMENDING THE TERM FORTHWITH TO IMMEDIATELY, ADDING OTHER LOCATIONS FOR MEETINGS DESIGNATED BY COUNCIL, ADDING COPIES OF ORDINANCES OR RESOLUTIONS IN THE AGENDA PACKAGE, ADDING TERM THREE IN QUORUM AND ADDING THE TERM STRIVE TO MINUTES REPRODUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND i CO PROVIDING FOR AN EFFECTIVE DATE. 1 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Ordinance No. 04-2002 at second reading. 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 14. Motion to Adopt; Ordinance No 05 -2002; Amending Code Sections; 2 -218, 2- 219, Open Market Purchase Procedures; 2 -222, Cooperative Purchasing and 2- 224, Blanket Purchase Orders. Mayor Randels read Ordinance No. 05 -2002 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTIONS; 2 -219 OPEN MARKET PURCHASE PROCEDURES; 2 -222 COOPERATIVE PURCHASING; AND 2 -224 BLANKET PURCHASE ORDERS BY 1 AMENDING THE OPEN MARKET PURCHASE VALUES FROM $5,000.00 TO $20,000.00; $500.00 TO $1,000.00; $500.00 TO $1,000.00; AND ADDING A THREE WRITTEN QUOTE REQUIREMENT; BY AMENDING THE COOPERATIVE PURCHASING VALUES FROM $500.00 TO $1,000.00 AND CREATING A PREVIOUSLY BUDGETED CAPITAL ITEM EXCEPTION; AND BY AMENDING BLANKET PURCHASE ORDERS VALUES FROM $5,000.00 TO $20,000.00 FOR PRIOR APPROVED, RECURRING ITEMS AND VALUES FROM $500.00 TO $1,000.00; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. ! C 4 1 1 I City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 Page 9 A motion was made by Mr. Weber and seconded by Mr. Treverton to approve Ordinance No 05-2002 at second reading. 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 15. Motion to Adopt; Ordinance No 06-2002; Amending Code Section 6-51, Streets, Alleys, Sidewalks and parking Access. Mayor Randels read Ordinance No 06-2002 by title. 1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 6-51 STREETS, ALLEYS, SIDEWALKS, AND PARKING ACCESS BY ADDING AN EXCEPTION TO THE PROHIBITION ON CONSUMPTION AND POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE WITHIN AN AREA OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Ordinance No 06-2002 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For C DISCUSSION: 16. Payment for Impact Fees. Mr. Boucher provided background on the topic. Mr. Bill Young reported that he contacted other cities as well as the County and impact fees are required at the time of the Certificate of Occupancy (CO). Mr. Reid stated that he saw no difference in when the impact fees are paid in the CO process. Mr. Reid replied to Mr. Weber that the water fees begin with the start of service. Mayor Randels provided background on how the procedure of paying impact fees upfront came into practice due to some developers who depleted their funds before the impact fees could be paid. Mr. Reid replied to Mayor Randels that condominiums acquire permits by address and said that multiple addresses would allow for additional Certificates of Occupancies. Mr. Reid stated that he does not issue a CO until the building is complete. Mr. Nicholas, Planning and Zoning Board, questioned if utilities begin when a building is under construction or completed. Mr. Reid replied that water and sewer are operable for testing purposes, however there are no occupants. Mr. Nicholas related that even though a development might have gone bankrupt, occupancy has occurred. Mr. Reid responded to Mr. Nicholas that a temporary meter release is now used to avoid premature occupancy. Mr. Reid replied to Mayor Randels that a sales unit is a special instance and he allowed the use of a unit as a sales unit, but not for occupancy and no CO was issued. Council agreed by majority to place this item on the next City Council meeting agenda. Mr. Boucher stated that two ordinances are forthcoming. a City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 1 Page 10 1 c; i 17. Chapter 98, Subdivisions. Mr. Morgan stated that under Chapter 98 there is a part on dead -end roads that cannot ' be over 500 -feet. Mr. Morgan said that on new projects there are roads over 500 -feet and also on most property on the left-hand side of State Road Al A owned by one person from the highway to the river. He said the same situation exists on old State Road 401 where the person can only go 500 -feet and in a lot of cases on 1,000 feet of land there is no outlet. Mr. Morgan named the streets that are a dead -end and over 500 -feet that he found. Mayor Randels expressed Mr. Morgan's concern in that a lot of the existing future development is narrow and long. Mr. Morgan said that he spoke with Dave Sargeant who had spoken to Lamar Russell, Planning and Zoning Board Chairperson and in the past these instances have gone to the Board under Section 98 -3. Mr. Morgan said that the Planning and Zoning Board is empowered in lieu of the City Council to make some decision. Council agreed by majority to forward this concern to the Planning and Zoning Board. Ms. McNeely requested directions for the Board. Mayor Randels stated that the direction of the Council is to address how to develop the potentially developable property along the west end of North Atlantic Avenue that is longer than 500 -feet. Mr. Morgan concluded that turnarounds and dead -end streets were the main items. Mr. Morgan will forward a cover letter to the City Manager with a copy to Council. REPORTS: 4 c City Manager • Mr. Boucher reported that he would meet with a representative from a real estate development firm from Ocala in the morning to review their concept for a 5-6 acre { retail site. 1 • Mr. Boucher reported that he received a call from City of Cocoa Beach who is paving on North Banana River Drive and they inquired if Cape Canaveral would like to piggyback on that project for the Costa del Sol area. • Mr. Boucher reported that Mr. Gardulski received a quote of $80, 000 for the entire figure eight configuration of Harbor Drive. He related that Mr. Gardulski plans to fill -in the aggregate milling on parking lot at the beach ends, on Oak Lane and on Holman Road R if there is enough remaining material. • Mr. Boucher reported that the Lift station #4 project is proceeding well • Mr. Boucher informed of the need to plan a Goals and Objectives session for April. Council agreed on Friday, April 5 from 12 Noon to 5 P.M. Staff will update and distribute the previous year's goals. • Mr. Boucher reminded that the cutoff time for the Agenda Packets is March 21 for the April 2" agenda. • Mr. Boucher reported on a Wellness Program for City employees. Employees can voluntarily receive a health assessment and subsequent analysis and will include follow up 1 seminars to focus on any group health trends. i c I City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 1 ‘ Page 11 Mr. Reid • Mr. Reid reported that he received a call from Melboume- Webber in Minnesota regarding the Country Suites and that project is still in progress. i City Clerk g • No report. City Attorney • Attomey McQuagge reported that since the last Council meeting he still has not I received a response from Cocoa Beach's attorney conceming Attomey Sack's inquiry on whether a mediator was chosen. Attomey McQuagge said that Dwight Severs was the previously chosen mediator and he has correspondence indicating this agreement. He is still awaiting a response regarding Mr. Severs mediating the case. Until today, the City of Cocoa Beach had not taken any water and the City is prepared to mediate at any time i • Attomey McQuagge referred to Dave Sergeant's concems on the fire code modifications and the plan to implement the affected buildings. He reported that Chief Sargeant has submitted a list of affected buildings and the plans to notify would proceed. Mayor Pro Tem Petsos asked if the League of Cities was contacted on an implementation time frame. Attomey McQuagge replied that he would inquire of other City Attomeys who are addressing the same issue and if they were implementing a different time period, he would establish how they conclude their difference. He stated a that the plan is based on Code provisions that allow our fire department to make a recommendation and substantial evidence would become the basis. He said that if the other City's establish a uniform time period, he would rather adopt that • Attomey McQuagge informed that the Community Appearance Board Chairperson, Nadena Easter, requested an extended leave of absence and she requests that the Council retain her position in her absence in that the Code requires a member's removal on three consecutive absences. AUDIENCE TO BE HEARD: , • Mr. Don Haynes commended the Cape Canaveral Council on their professionalism in meeting proceedings. CITY COUNCIL 1 i Mr. Morgan '1 • No report. Larry Weber • Mr. Weber asked if there had been any follow - up on the citizen survey respondent, Lisa Wubbena, who volunteered to assist with the web site Staff will forward a volunteer 1 application. Mr. Treverton • Mr. Treverton invited others to view the Building Department's modifications that have : ce created additional office space. 1 City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 1 c Page 12 • Mr. Treverton expressed his anticipation of turning the bay area into a City Council Chambers and related how he teaches using high -tech equipment at Brevard Community College and said that the City has a great opportunity to make similar enhancements. I Mayor Pro Tem Petsos • Mayor Pro Tem Petsos expressed his disfavor with the numbering for the Presidential Street signs and said that a hanging placard was the intent. • Mayor Pro Tem Petsos referred to the E -mail from a resident asking to install palm trees 1 on the beach instead of the crossovers. 1 • Mayor Pro Tem Petsos inquired about recovering sales tax for major construction projects and asked if staff could provide research. • Mayor Pro Tem Petsos inquired about implementing a cost - sharing plan for sidewalks on vacant properties allowing the developer to reimburse cost after occupancy. • Mayor Pro Tem Petsos asked Mr. Boucher if he had obtained any money from Brevard j County for the Westside A1A pedway project. City Manager reported that $65,000 1. would be received as part of an Interlocal Agreement and once received it will come before the Council for action. • Mayor Pro Tem Petsos related a thank you from Representative Allen for the invitation to the Patriot's Day Parade. • Mayor Pro Tem Petsos announced the Space Coast League of Cities dinner on April 8 hosted by City of Cape Canaveral. An appointee from the Governor's Office on the l i: c Mentoring Initiative Program is the speaker and all of staff is invited to attend. Mayor Randels • Mayor Randels reported that Cape Canaveral has as one of the 10 best web sites in the state of Florida for govemment offices. He stated that the National Association of Cities has invited Virginia Haas, Assistant to the City Clerk, to teach two classes in Texas j for two days in May and also stated that she is the first Webmaster in government work. Mayor Randels praised Ms. Haas for providing our City with one of the best web sites in the State and extended his hope that the City Manager permits her to attend. • Mayor Randels reported that the Space Coast Trolley would deliver hotel riders to the I Sterling Casino Cruise Lines. • Mayor Randels reported that he served on the Brevard County Citizens Academy, which recently visited the wastewater treatment plant and the landfill. • Mayor Randels referred to our first City business enterprise booklet produced in 1996, I and displayed a newly published booklet by a private enterprise that includes the City but is asking for $100 to advertise. a • Mayor Randels reported that the Brevard County TRIAD has a new program for Alzheimer's participants who are given a watch that emits a transmitting signal to locate the wearer. He informed that in Cape Canaveral, there are 1,500 people over the age of 65, ten percent of whom would be affected by Alzheimer's disease. • Mayor Randels related a request to repair the roll - up screen at the Canaveral Library. I Mr. Boucher stated that the County is responsible for those repairs. • Mayor Randels reported on a grant received by the County for $353,000 for the Department of Law Enforcement. • Mayor Randels reported that two Congressional Districts are imminent for Brevard I C; County. i City of Cape Canaveral, Florida City Council Regular Meeting March 19, 2002 C oe Page 13 ADJOURNMENT: A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to adjoum the meeting at 10 P.M. Motion carried unanimously. dceeAPOLif ,r7- (1::■ 0 C g. _° 4 Rocky Randels, MAR LI Y r , A 4 v �6— "� .. r ay fr 0 s lit ©��� �� 5 �� CO x