Loading...
HomeMy WebLinkAboutMinutes 02-05-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 5, 2008 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present City Manager City Attorney City Clerk Public Works Director Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Walter Bandish UMMi• iifi171C�3ri�m :��lliT�3i.T�It�ii:Ff itlii Building Official City Planner Recreation Director REPORTS: City Manaaer Todd Morley Todd Peetz Robert Lefever Mr. Boucher announced the Business and Cultural Development Board Professional Art Show on Friday, February 22nd and Saturday, February 23` from 10 A.M. to 4 P.M. at the Cape Canaveral Library Meeting Room. Mr. Boucher informed that the City received a letter from the East Coast Regional Planning Council_ Mr. Boucher highlighted some of the following suggestions on the City's Evaluation and Appraisal Report which was sent to the Florida Department of Community Affairs: 1) creative planning in the transportation plan could transform the City by providing alternative transportation choices City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 2 of 14 connecting to Port Canaveral and enhancing its economic redevelopment, 2) the Council supports the implementation of the mixed use category especially along the business corridor or in a business downtown district, 3) seek affordable housing opportunities, 4) consider the use of form -based Codes to obtain the property architecture, building mass, mix of uses and streetscape in the redevelopment areas, and 5) recommended participation with the group, "How Shall We Grow" committee. • Mr. Boucher informed that he worked with Florida Power and Light on burying the Ridgewood Avenue lines. The City has to first identify all of the existing utilities on the Ridgewood Avenue corridor at its own expense. It was also the City's responsibility to contact and notify all associated entities using the FPL lines for relocation purposes. The City was also responsible, at its own expense, to enter a right -of -way agreement with FPL related to the Public Service Commission tariff. FPL recommended that the City seek a Project Engineer. Ms. Roberts asked if Mr. Boucher had talked with FPL about a phased -in approach to include N. Atlantic Ave. and Central Blvd. as suggested at the previous meeting. Mr. Boucher replied that the focus was on Ridgewood Avenue at this time and the same principles would apply to N. Atlantic Avenue. • Mr. Boucher reported that the City received the redesign plans of the N. Atlantic Avenue intersection. If there were no additional comments, the plans would proceed to the Road and Bridge Department. The Review Comments were due by February 15" and a meeting was scheduled for February 27 Mr. Boucher informed that adjustments were made related to a pole on the southwest side of the intersection. Ms. Roberts requested a schedule after the meeting on February 27 • Mr. Boucher reported that the Public Works Maintenance Building was in progress. • Mr. Boucher reported that the Manatee Sanctuary Park Life Trail has 5 out of the 10 Life Train stations installed. The remainder would be completed during the week. • Mr. Boucher informed that the $25,000 additional homestead under the Property Tax Amendment would remove $58 million from the City's tax roles. • Mr. Boucher informed that he received copies of the City of Satellite Beach oral history DVD and the DVD of the City of Cocoa Beach's Anniversary. Mayor Randels asked if City could obtain copies for Council and the Board members. The City Clerk would check on copyrighting prior to duplicating the material. • Mr. Boucher suggested dates for a Workshop Meeting: February 14 or February 28 Council agreed on Thursday, February 28 for a Code Review Workshop. • Mr. Boucher recommended a meeting for Council Action Items. Council agreed on a Workshop Meeting on February 19 at 5:30 PM. • Mr. Boucher reported that he and the City Attorney would meet with the Coastal Fuels attorney in the following week. Mr. Boucher replied to Mayor Randels that a Special Exception was submitted. Staff City of Cape Canaveral. Florida City Council Regular Meeting Agenda February 5, 2008 Page 3 of 14 Buildina Official • The Building Official announced that the Building Department officially moved to 7510 N. Atlantic Avenue. He reported that $23,600 was expended which was under the $25,000 budget. Mr. Morley welcomed a visit. Recreation Director • Mr. Lefever reiterated that five of the Life Stations were operational. City Clerk • No report City Attorney • No report City Council Council Member Roberts • Ms. Roberts requested some information to help residents understand the new Appeals process such as a process flow. • Ms. Roberts addressed the possibility of a welcome center and City history museum on the property in out - parcel north of the Country Inns and Suites on Al A. • Ms. Roberts addressed the use of customer service standards to address response times related to permitting, project reviews and the darity of City processes from a customer's viewpoint. Ms. Roberts clarified that citizens need to know the specific timeframe to expect a response from the City. • Ms. Roberts addressed the need to discuss at the Council Actions Workshop a Master Internal Calendar to include the Visioning Session, the Space Coast League of Cities dinners and the representational meetings that Council Members attend. • Ms. Roberts asked about the status of the Green Cities application. Mr. Boucher replied that Walter Bandish and Todd Morley were evaluating the impacts of the cost to their Departments. Council Member Nicholas • Mr. Nicholas referred to the number of political signs and asked how the State election laws interacted with City sign code laws. Attorney Garganese responded that the Constitution allows for campaign signs for extensive time periods. Attorney Garganese stated that a candidate is allowed to post campaign signs under the Constitution. He responded to Mr. Petsos that a City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 4 of 14 candidate, however, must be "qualified" to run for office. Attorney Garganese concluded that the adopted Sign Code would address temporary signs which addressed campaign signs. Mr. Nicholas referred to his previous question of the name for a body of water known as the Canaveral River or Creek. Mr. Nicholas stated that the response he received was offensive in calling it a "ditch." He requested further discussion of this item at a future Council meeting or perhaps the Council Actions Workshop. Mr. Nicholas referred to a list of grants that the Council received and questioned the time period in which the City received the grants. He requested that dates accompany the grants list. Council Member Petsos • Mr. Petsos inquired about the status of bus shelters. Mr. Ratliff replied that 20/20 Media would provide the City a packet. Mr. Ratliff would contact them again for a response. • Mr. Petsos encouraged participation in a Sea Oats Planting at 9 A.M. at Cherie Down Park on Saturday, February 16 • Mr. Petsos inquired about a letter in response to the City's use of the Library Meeting Room. Mr. Boucher responded that the Library Board cancelled its January meeting; however, he would meet with them in February to discuss this issue. Mr. Petsos requested information prior to the Council Workshop on February 19' for planning purposes. • Mr. Petsos inquired about ad valorem taxes that the City sends to the County. Mr. Boucher replied that Commissioner Nelson was waiting for the results of the January 29�' election. Mr. Petsos stated that the City sent $5.3 million dollars which did not include the $1.4 million for Mosquito Control and Library District and Environmentally Endangered Land plans. He concluded that citizens were experiencing a double tax hit. • Mr. Petsos reminded of the election for State Representative. A former Cocoa Beach Commissioner, who had a grasp on community issues, was seeking that office. Mayor Pro Tern Hoon • Mayor Pro Tem Hoog inquired about the street light program. Mr. Ratliff reported on a visit from Florida Power and Light who would report back. Mr. Ratliff asked if the light should be installed or was more discussion required from the residents along Thurm Blvd. Mayor Pro Tern Hoog replied that Bayside and Bayport Drive residents were in favor of the additional lighting. Mayor Randels City of Cape Canaveral. Florida City Council Regular Meeting Agenda February 5. 2008 Page 5of14 Mayor Randels announced the success of the Student Art Show on Saturday, February 2 "d . Former City Council Member Tony Hernandez provided a $500 award for the winner. AUDIENCE TO BE HEARD: There were no concerns from the audience. CONSENT AGENDA 1. City Council Regular Meeting Minutes of January 15, 2008. 2. Outdoor Entertainment Permit - Brevard County Traveling Skate Park. 3. Outdoor Entertainment Permit - Space Coast Seafarers Ministry — Walk for Bibles. 4. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community Celebration. 5. Cooperative Purchase of Sanitary Sewer Lining Services. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item No. 5 for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 5. Cooperative Purchase of Sanitary Sewer lining Services. Ms. Roberts questioned how this request fit in with the City's Master Plan. Mr. Bandish distributed further information on the Sanitary Sewer Lining Service program. Mr. Bandish explained how in 2002 the lines were cleaned, televised, and smoke tested. He pointed out how the lines were prioritized for repair. Mr. Bandish stated that roughly 30,000 feet remained to repair. Ms. Roberts referred to the distribution line map and asked if many of the systems in the City's northern part were private lines? Mr. Bandish explained how private lines connected to the City's main trunk lines. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 5. The vote on the motion carried "with voting as City of Cape Canaveral, Florida City Council Regular Meeting Agenda February S, 2008 Page 6 of 14 follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. SITE PLAN 6. Motion to Approve: Proposed Burger King Site Plan. Mayor Randels concluded that all concurrency related requirements were met. Mr. Petsos requested a bus shelter in the northeast corner of the parcel. Ms. Kirkland responded that this would require a landscaping adjustment. Mr. Bandish informed that he was working on a bus shelter with Country Inns and Suites. Staff would review the two parcels for a viable location. Mayor Randels clarified that bus shelters were allowed on private property only on State Road Al A. Mr. Ratliff responded that the awaited packet from 20/20 Media would identify the available bus shelter sites_ Mayor Randels concluded that Space Coast Area Transit considers the greater area of riders. Ms. Kirkland agreed to take the bus shelter concept back to her office. Ms. Roberts requested a copy of the proposal that was sent to 20/20 media. Ms. Roberts questioned the possibility of using a 3 -D architectural rendition. Ms. Kirkland responded that a 3 -D rendition was labor intensive, costly and usually used for larger projects, such as a shopping center. Ms. Roberts suggested for Council to consider adding criteria that requires an additional item for a 3 -1) color rendering of the principal structure in City Code Section 110 -222. Todd Peetz, City Planner, explained how the out parcel would not remain part of the Residence Inn. He stated that staff was working on a mechanism to change the platting Ordinance procedure to identify when a re- platting was necessary. Mr. Peetz stated that one of the Planning and Zoning Board conditions was the Lot Splitting Resolution. Ms. Kirkland requested to have Item No. 8 considered along with Item No. 6 as a related item. A motion was made by Ms. Roberts and seconded by Mayor Pro Tern Hoog to Consider Item No. 8; Resolution No. 2008-03 at this time. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: Resolution No. 2008 -03; Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. Mayor Randels read Resolution No. 2008 -03 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING A LOT SPLIT, AS A CONDITION OF SITE PLAN APPROVAL, OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHWAY AIIA AND COMMONLY REFERRED TO AS "OUT PARCEL 2'; RECOGNIZING THE PROPERTY AS A SEPARATE AND DISTINCT LOT FOR DEVELOPMENT PURPOSES ONLY; PROVIDING City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5. 2008 Page 7 of 14 THAT ANY FURTHER SUBDIVISION OF OUT PARCEL 2 BE INCOMPLIANCE WITH ANY APPLICABLE LAW OR ORDINANCE; LIMITING ACCESS TO AND FROM HIGHWAY AIA; PROVIDING THAT THIS RESOLUTION SHALL BE RECORDED IN THE PUBLIC RECORD OF BREVARD COUNTY AND SHALL RUN WITH THE LAND; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Mr. Nicholas stated that this action was a re- platting by another name and he expressed his concern with taking action without formal platting. He asked if there were any way to go through the re- platting process after action was taken. Attorney Garganese explained how the Lot Splitting Resolution recognized this lot for development purposes and placing restrictions on the property prior to considering the Site Plan. Attorney Garganese concluded that a Lot Splitting Resolution was the most expeditious manner of addressing this issue. Mr. Nicholas stated that he did not want to set a precedent for a means of circumventing the City's existing laws. Attorney Garganese stated that the City controls Land Subdivision, subject to Florida Statutes Chapter 171. He stated that lot- splitting was an effective way to address this circumstance since the lot did not deal with the creating roads, creating townhome lots or multiple lots. Attorney Garganese stated that the action had limited application. Mr. Nicholas stated that he has seen a negative effect of a residential lot re- selling a portion of their re- platted lot; however, he realized the City had no control over conveyances. Attorney Garganese concluded that the governing body would confront any newly created lot at the time of any permit applications. Ms. Roberts asked for clarification related to the south parcel. Ms. Kirkland pointed out a cross access easement connecting to the Race Trac property. Discussion concluded that a cross access easement kept any parcel from becoming land - locked. Mr. Boucher inquired about the dumpster capacity. Ms. Kirkland replied that the dumpster would be of standard size. Mr. Boucher requested a dumpster of adequate size for a fast -foot restaurant. Ms. Kirkland stated that the identified parking in front of the dumpster was for employee parking. The owner of Extreme Fun added that he was willing to continue the easement through to the traffic light. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Adopt Resolution No. 2008 -03. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve the Site Plan for Burger King with the condition of: a Resolution for a lot- split. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. In closing, for the record, Ms. Kirkland complimented the City's Building Department staff on their effective permitting process specifically Joy Lombardi and Susan Chapman. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 8 of 14 RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2008 -02; Adopting a Social Security Number Policy and Written Statement Addressing the City's Collection and Use of Social Security Numbers. Revised Mayor Randels read Resolution No. 2008 -02 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER POLICY AND WRITTEN STATEMENT ADDRESSING THE CITY's COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; CERTIFYING COMPLIANCE WITH SECTION 119.07(5), FLORIDA STATUTES, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. Attorney Garganese explained that effective October 1, 2007 per Florida Statutes the City was required to adopt a policy regarding Social Security Numbers, the City would be required to report to the State, annually, anyone who requests a social security number through a public records request. The draft Resolution stated that the City would only collect social security numbers as authorized by law. Attorney Garganese replied to Mr. Petsos that the Florida Legislature adopted a Public Records provision which made social security numbers a public record if they were requested under certain circumstances, for example, Skip Tracing services. As a safeguard the Legislature added a reporting requirement to track who was requesting this type of data. Mr. Petsos inquired how the City would ascertain if a reputable company were requesting the information. Attorney Garganese responded that in another City he submitted a Set of Interrogatories to a requester in order to ascertain its reputation; however, he received no reply. Attorney Garganese explained how, if a commercial entity requests social security numbers, the City was not required to notify those whose names were a part of that request. Ms. Roberts stated that an additional provision was needed then to notify the persons whose social security number was requested and to charge the requestor. Attorney Garganese replied that the law did not require a charge to the requestor or to notify the person whose number was requested. Attorney Garganese clarified that a commercial enterprise, however, could make such a request if they could verify that they were a reputable company. Attorney Garganese informed that if the Council did not adopt the policy, then sanctions would follow. Attorney Garganese explained that this would establish that the City was formally establishing a Social Security Number Collection policy. Ms. Roberts reiterated notifying the person whose Social Security Numbers was collected. Ms. Roberts suggested adding a provision (D) to read, "The City shall provide notice to each individual whose Social Security Numbers are requested from a commercial entity." Attorney City of Cape Canaveral. Florida City Council Regular Meeting Agenda February 5, 2008 Page 9 of 14 Garganese stated that the City could do this; however, for clarification the language might read, "The City shall notify each individual whose social security number is disclosed by the City in response to a written request for social security numbers made by a commercial entity engaged in the performance of a commercial activity." Mayor Randels clarified that the former provision (D) would be reassigned to (E) for accession purposes. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to add Provision (D) which would read, "The City shall provide notice to each individual whose Social Security Number was disclosed to a commercial entity" and to Adopt Resolution No. 2008 -02. The vote on the motion carried 4 -1 with voting as follows: Mayor Pro Tern Hoog, For, Mr. Nicholas, For; Mr. Petsos, Against; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: Resolution No. 2008 -03; Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. Item No. 8 was discussed in conjunction with Item No, 6 9. Motion to Adopt: Resolution No. 2008 -04; Approving the Temporary Suspension of Enforcement of the Time Limits to Display Temporary On- Premises Signs Set Forth in Section 94 -76 and Approving the Suspension of Permit Fees for Temporary On- Premises Signs Imposed by Section 94-35; Suspending said Code Provisions for a Period of Six (6) Months; Providing for One (1) Six (6) Month Extension of the Suspension Period by a Majority Vote of the City Council. Revised Mayor Randels read Resolution No. 2008 -04 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF THE TIME LIMITS TO DISPLAY TEMPORARY ON -PREMISES SIGNS SET FORTH IN SECTION 9476 AND APPROVING THE SUSPENSION OF PERMIT FEES FOR TEMPORARY ON- PREMISES SIGNS IMPOSED BY SECTION 9435; SUSPENDING SAID CODE PROVISIONS FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR ONE (1) SIX (6) MONTH EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mr. Petsos pointed out that the intent to suspend the requirements for all businesses not only for new businesses as stated in City Code Section 94 -76 Attorney Garganese replied that the Council was suspending the only temporary on- premise sign provision in the Code. Mr. Morley explained that the remaining portion of the Sign Code was unaffected by this Resolution. Ms. Roberts questioned temporary signage relative to the real estate community. Ms. Roberts asked if staff would consider some means of City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 10 of 14 providing temporary relief for them similar to what was being done for the business community. Mayor Randels concluded that her request related to off - premise signs. Ms. Roberts requested that staff research this for future discussion. Mr. Boucher reminded that during the last Sign Code meeting, temporary off - premise signs in the right - of -way were not favored. Mr. Boucher stated that he would place the request on the next City Council Agenda under Discussion. Mr. Morley asked if Council's intent was one sign per premise on the item in discussion. Mayor Randels affirmed that it was. Mr. Lamar Russell, Vice Chairperson of the Planning and Zoning Board, reminded that the intent was to set aside the Sign Ordinance and address temporary on- premise signs. The Owner of All About Hair questioned when the Resolution would go into effect. Mayor Randels responded that the Resolution was effective immediately on Adoption. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoag to Adopt Resolution No. 2008 -04. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoag, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS 10. Motion to Approve: Interlocal Agreement for Beach Cleaning Equipment. Ms. Roberts expressed concerns that there was no discussion with Keep Brevard Beautiful, the community or with the Port, nor was there discussion on the percentage of proportionate funding with the City of Cocoa Beach. Ms. Roberts recommended a Workshop on this issue in order to address concerns. Mr. Petsos stated that Keep Brevard Beautiful participated in the equipment demonstration. Ms. Roberts re- stated that there was not enough community involvement and a Workshop was in order. Mayor Randels questioned Ms. Roberts' opposition. Mr. Tom Garboski related that he spoke with up to 30 residents who were opposed to the beach cleaning machine and he questioned the long -term cost. Mr. Garboski stated that the ocean front residents desired the beach - cleaning machine; however, other non- beachfront residents did not desire it, nor did they want to pay for it. Mr. Petsos related on a newspaper article and the favorable feedback contained in it. He stated that the Interlocal Agreement could be re- negotiated if it were found that the cost proportion was not fair and said that the City Manager sought to resolve many concerns. Mr. Boucher stated that the current manual beach- cleaning process was not cost- effective. Ms. Roberts stated that she did not see any corporate cost sharing between the Cities of Cape Canaveral and Cocoa Beach She stated the need for more information with respect to: 1) scheduling; 2) maintenance, operations, and storage costs: 3) distances and areas to be services: and 4)responsibilities between the two cities before moving forward with this Agreement Mr. Bandish related that people were concerned seeing prison City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 11 of 14 inmates on the beach and Mr. Boucher added that Keep Brevard Beautiful would charge for their cleaning assistance. Some discussion followed on equipment maintenance and storage. Mr. Boucher clarified that during Turtle Nesting Season the City was restricted to use the machine during high tide line. He informed of three species of protected turtles that nest in the Cocoa Beach/ Cape Canaveral area. Ms. Dianne Marcum inquired about the amount of mileage difference between Cocoa Beach and Cape Canaveral. Mr. Boucher replied that Cocoa Beach intended to clean their high - traffic areas only. Ms. Roberts recommended a Workshop Meeting prior to taking action. A motion was made by Mayor Randels and seconded by Mr. Petsos to Approve the Interlocal Agreement for Beach Cleaning Equipment $27,220.20. The vote on the motion carried 3 -2 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, Against. 11. Motion to Approve: Donation to Keep Brevard Beautiful. Mayor Randels recounted that Keep Brevard Beautiful [KBB] provided: 222 volunteer hours for Adopt -a- Shore, picked up 2,430 pounds of trash, provided 80 volunteers with the Adopt -a -Road program: and, picked up 1,380 pounds of trash. Their total measurable value was $3,290. Mayor Randels stated that no aid to private organizations was included in the current Budget and funding was moved to the City's Contingency Fund. Mr. Petsos expressed his favor with KBB; however, due to the beach cleaning machine purchase, he requested to decline a donation this year. Ms. Roberts stated that a donation to support KBB was a notable action. Ms. Roberts requested to mention to KBB the need for their assistance on the City of Cape Canaveral's beaches such as in the instance of red tide. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve a Donation to Keep Brevard Beautiful in the Amount of $2,000. The vote on the motion carried "with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to extend the meeting to 10:30 P.M. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 12. Motion to Approve: Proposal to Re -Roof the Public Works Laboratory. Ms. Roberts asked if there was a warranty on the new roof. Mr. Bandish affirmed and stated that the Building Official noted a negative slope which caused water retention. Mr. Morley asked if the City Council desired to waive the Permit Fees. Mr. Boucher informed that this would not favor the General Fund; therefore, the Permit Fees were not waived. Discussion concluded that there was a 10 -year warranty on the work and 20 -years on the City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 12 of 14 materials. Mr. Bandish replied to Ms. Roberts that no businesses were found in the City that performed roof repair or air - conditioning work of the type required. A motion was made by Mayor Pro Tom Hoog and seconded by Mr. Petsos to Approve a Proposal to Re -Roof the Public Works Laboratory. The vote on the motion carried "with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 13. Motion to Approve: Proposal for the Evaluation of Road Resurfacing. Mr. Bandish informed that he contacted a professional consultant who performed a review and suggested 15 -boors at two -feet to ascertain if the road bases were stable. Mr. Nicholas questioned the subsequent plan if the road bases were found unacceptable. Mr. Bandish replied that the consultant was called in at Council's direction. He stated that if the consultant found the base unstable, then the streets would require total refurbishment or a material called geo- fabric could be installed. Mr. Nicholas stated that he did not envision refurbishing newly repaved streets. The Item Died for Lack of a Motion. ORDINANCES: First Public Hearing 14. Motion to Approve: Ordinance No. 01 -2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. Mayor Randels read Ordinance No. 01 -2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE V, OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/ RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ms. Roberts commended the City Treasurer for recommending a 20 percent reserve and not the suggested 15 percent minimum requirement from the Auditors. No action was taken on Ordinance No. 01 -2008. The item would return to the next City Council Agenda as a First Public Hearing. DISCUSSION: 15. Recommendations to City Council from the Business & Cultural Development Board. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 13 of 14 Ms. Joanne Muncey, Business and Cultural Development Board Chair Person, addressed the Council and presented the five issues which the Board recommended City Council pursue in 2008. Ms. Muncey explained the Board's intent to preserve the City's history and the Board determined that a Community Redevelopment Agency [CRA] would provide the most beneficial avenue for the City's success. A CRA would provide the authority and access to funding that's required to achieve the City's goals. Ms. Muncey called on Mr. John Anderson, Business and Cultural Development Vice Chairperson, and Ms. Dianne Marcum to speak on the CRA recommendation. Ms. Marcum declined to speak. Mr. Anderson stated that a CRA was a tool that allowed the City to have access to tax instrument funding that it would not otherwise have unless it were certified under the CRA. Mr. Anderson explained some of the CRA's flexibility to acquire, hold, and dispose of property and funding for streetscapes and parks. It provides flexibility in governance to become a separate Agency or the City Council could serve as the CRA. The CRA would be a tool that would allow the City to do its economic development, community development and re- development that would otherwise not exist. A CRA would also require a designated staff person performing a specked task. Mr. Anderson stated that there were 38 recommendations of which the Board chose five to present to Council. The points were as follows: One: Obiective 1.5 Administrative: Establish a Community Redevelopment Agency (CRA) for the City and encompass the maximum amount of property in the City allowable under Florida Statute. Two: Objective 2.2 Traffic Circulation: Minimize the impact of increased traffic circulation on Residential areas. Three: Objective 2.2 Traffic Circulation: Establish safe, appealing and efficient city -wide pedestrian and bike paths linking all major activity centers: Four: Objective 2.3 Public Facilities: Establish a solar energy and alternative fuel program for City facilities and activities — Think Green. Five: Obiective 1.4 Land Use Controls: Introduce "mixed use" of light industrial, retail, office, service, and residential development in selected areas of the City. Mr. Anderson mentioned that mixed -use was discussed; however, the Council could identify their areas for redevelopment and then include mixed -use within that area. Mr. Anderson informed that every recommendation to the Plan was unanimously decided. He emphasized the Board's support of staff to specifically work on redevelopment issues. Mr. Anderson replied to Ms. Roberts that the issue of a Community Redevelopment Agency was time - sensitive and therefore time perishable. Ms. Roberts requested for the Council to begin discussion of the five points at the next City Council meeting. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 14 of 14 ADJOURNMENT: - There being no further business, the meeting adjourned at 10:30 RM. Rocky Randels, MAYOR Susa76 l✓MC, CITY CLERK