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HomeMy WebLinkAboutMinutes 02-06-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 6, 2007 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official StoRnwater Administrator PRESENTATION: Bob H oog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Jeff Ratliff Mayor's Recognition of Mary Magee Mayor Randels explained how he and past Mayors attempted to select people who had benefited the community through exemplary community service. Mayor Randels shared a letter that he received from Ms. Mary Magee who was influential in capturing two men who broke into the Baptist Church adjacent to her home. Ms. Magee commended the Canaveral Precinct their prompt attention and she identified the individuals in the break in. Daniel Fernando Fritz who was caught again in a sting the following night and Kenneth Adams identified as a sexual predator and was extradited back to Kentucky. Mayor Randels stated however that Ms. Magee passed away before he could present this award to her. He would present a Key to the City to persons arriving to settle her estate. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 2 of 14 BOARD INTERVIEW: Ronald Friedman, Planning & Zoning Board Applicant. Mr. Friedman affirmed that all of the information on his application was true and correct. Mr. Friedman stated that he did not anticipate any Conflict of Interest. He informed that he was a retired consulting civil environmental engineer. He had 37 years experience and previously served on the Town Planning Board of Poughkeepsie, New York. Mr. Friedman felt that his past experience as an engineer would be beneficial to the Planning and Zoning Board. Ms. Roberts asked Mr. Friedman to explain his position in his new community. Mr. Friedman informed that he was voted President of the Bayside Homeowners Association. In the past he served on his town's Recreation Association Commission, involved with the Little League for 20 years, the American Heart Association, and he also helped with parking at City's Manatee Park event. Ms. Roberts expressed how Mr. Friedman could provide insight into the condominium community as well as from the northwest segment of the city and commended the Planning and Zoning Board for his interview. Mr. Petsos thanked him for his willingness to serve. Mayor Randels related how he met Mr. Friedman due to a missed solid waste pick - up that resulted in changing how turns are made during their route. He informed that Mr. Friedman was a frequent runner within his community. Mayor Randels concluded that a Resolution to appoint him to the Board would be placed on next City Council meeting Agenda. CONSENT AGENDA: I. City Council Regular Meeting Minutes of January 16, 20070 2. outdoor Entertainment Permit for the Walk for Bibles, Sponsored by Brevard Baptist Association. 3. outdoor Entertainment Permit for Fairvilla MegaStore Ladies Night 20079 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts asked to remove Items 2 and 3 for discussion. 2. Outdoor Entertainment Permit for the Walk for Bibles, Sponsored by Brevard Baptist Association. Pastor Bailey informed that $12,000 was raised at the last event. He informed that the Seafarers Ministry gives the bibles to the crew members on the ships. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 3 of 14 Pastor Dan Bailey replied to Ms. Roberts that he anticipated at least 120 people for the walk from 8 A.M. to 12 Noon. He affirmed to her that people would walk on the sidewalk and not in the street. Pastor Bailey informed that orange directional cones were usually set in place and directional signage for pedestrian crossing. He informed that T- shirts were also being provided. Pastor Bailey related that he received a permit from the Port toward the legality of the event. 3. Outdoor Entertainment Permit far Fairvilla MegaStore Ladies Night 2007. Mr. Garret Lind, Promotions for Fairvilla Megastore, affirmed to Ms. Roberts that 450 attendees were anticipated for the event and there was minimal publication in the newspapers and a mailer was sent out through the Cocoa Beach Area Chamber of Commerce. He affirmed to Mr. Nicholas that the event would occur on the Fairvilla Megastore property on the State Road Al A side and would not occur on the outdoor display Pirate Ship. Mr. Lind informed that the event would begin at 6:00 P.M. for V. I . P.'s and 7:00 P.M. General Admission with a $20 admission fee. He stated that a portion of the proceeds would go toward the Brevard Humane Society. Mr. Vinnie Rassomanno, Manager, stated that Fairvilla gave $4,000 toward the Manatee Sanctuary Park in a previous year. He also informed that the last year's Fashion Show was successful toward animal adoptions. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Accept consent Agenda Items No. 7 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, Far. ORDINANCES: First Readin 4. Motion to Approve: ordinance No. 01 -2007, at First Reading. Mayor Randels read from the Fire Chief response to the Planning and Zoning Board in which he quoted from the Fire Protection Code that, "there is a very lengthy code that deals with [LPG]. The code would never allow any size tank, which if place properly, would cause undue risks to the public." He believes what the citizens were looking for is an additional regulation that would limit the storage of [LPG] for large distribution. The majority of what we have in the community is used strictly for utility purposes. His interpretation is that the people were asking for a Code that would prevent a [LPG] tank farm. His solution to the whole problem is to leave everything in the code with one exception. He recommended writing an ordinance that simply states that no [LPG] tank or combination of tanks that was used for distribution, shall exceed 1,000 gallons and leave the [LPG] that is used for residential and commercial utilities to the code that already exists. It is better and safer to have a properly sized and installed tank than to have a truck running up and down the road everyday to refill an undersized tank." City of Cape Canaveral, Florida City Council Regular Meeting February C, Zoo? Page 4 of 14 Mayor Randels stated for the record that the Ordinance was properly advertised on January 29, 2007. The Planning and Zoning Board heard the item on January 24, 2007 and approved it for recommendation to the Council. Mayor Randels read Ordinance No. 01 -2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 1105 TO LIMIT THE STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER PARCEL OF LAND; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. Mayor Randels reviewed the intent of the ordinance through the WHEREAS clauses by reading, "the storage of liquified petroleum gas has been the subject of several meetings of the Planning and Zoning Board in recent months during which the Planning and Zoning Board has heard and considered the input of citizens and staff; the City has certain safety concerns regarding the storage and distribution of liquified petroleum gas within the City; the City Code currently allows by special exception storage of liquified petroleum projects in the M -1 Light Industrial and Research and Development zoning district subject to certain restrictions; the City's Fire Chief has provided extensive information at Planning and Zoning Board meetings evidencing that the storage of liquified petroleum is heavily regulated by both state and national fire safety codes which address proper location and volume of liquified petroleum tanks and other concerns of the City and its citizens; the City desires to repeal the special exception for the storage of liquified petroleum in the M -1 zoning district and leave regulation of the state and national fire safety codes already in place; the City instead desires to generally limit the maximum amount of liquified petroleum gas that may be stored in the City for distribution purposes to a total of 1 ,000 gallons per parcel of land; the City desires to repeal the term `fire district" from its zoning regulations as the term is antiquated and no longer practical as used in the City's zoning regulations; the City finds this Ordinance to be in the best interests of the public health, safety and welfare of the citizens." Mayor Randels read the proposed changes in Code Section, Article I, 110 -1. Definitions to strike the definition for "Fire District" and to insert a definition for "Li uified petroleum gas" (LPG), meaning any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: such as propane, propylene, butane (normal butane or isobutene), and butylenes. Under Article V11, Districts Section 110,354, Sgecial Exceptions Permissible by Board of Adjustment Paragraph (0) was removed relating to liquified petroleum products and City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 5 of 14 the remaining paragraph would be renumbered. Under Article IX, SupplemntarY District Regulations, Section 110 -485, Liquified petroleum gas shall be added to the Code and read, "The storage of liquified petroleum gas for distribution purposes shall not exceed 1,000 gallons per parcel. If multiple tanks are maintained on a single parcel of land, the total combined storage of liquified petroleum gas shall not exceed 1,000 gallons. Any storage of liquified petroleum gas shall comply with all applicable fire safety codes and any other applicable laws. Under Article VII, Districts, Division 5, C -1 Low Densfty Commercial District, and Division 8, M -1 Light Industrial and Research and Development District, Section 110 -331, Intent, the sentence relating to " All buildings in this district shall be considered in the fire district, as per the definition in Section 110 -1, and shall be built in conformance with the rules and regulation of fire districts," would be removed. Ms. Roberts thanked the northeast segment of the community for their input to develop the ordinance as well as the Planning and Zoning Board. Mayor Randels clarified that this would remove the Special Exception that allowed for Liquified Petroleum Gas storage except for those businesses that distribute propane tanks for limited use to residential customers. Mayor Randels informed that the ordinance would be read again at a Second Public Hearing in two weeks. Mr. Rick Evans of 8921 Lake Drive, representing his neighbors stated that he spent his -� livelihood in the gasoline business. He distributed a letter to the Council. They confirmed that the gasoline is not an approved use in the M -1 zoning district and that the existing tanks were of non - conforming use as told by the Planning and Zoning Board. The Board explained that the removal of the tanks was not mandated; however, expansion was prohibited. Mr. Evans commended the Board on their research. He related on the possible result of a "BLEVAE, Blowing Liquid Expanding Vapor Explosion." He stated that the National Fire Protection Agency has documented deaths from as far as 800 feet away from such a storage tank. Mayor Randels interjected that that referred to gasoline products. Mr. Evans expressed the need for the Council to create standards and keep people from harms way. He pointed out examples of outcomes when placing people within 800 feet which could result in the danger of fatalities. Mr. Evans informed that he owned a software company that schedules gasoline truck distributions. He related how most fires were caused by lightning strikes and there were many in Florida. Mr. Evans pointed out from the photos he distributed how the fire trucks could only service a fire from a distance. He emphasized the need for realistic boundaries. Mayor Randels concluded that the Council would do everything possible to ensure the safety of the City's residents. Mr. Morley pointed out that in developing the ordinance; 1,000 gallons was chosen to accommodate the largest size of tank in the area that was commercially used. He noted when reading the Ordinance that it referenced the quantity of material as opposed to the size of the tank which will not always be the same. He requested for clarification that the ordinance reflected the size of the tank as what was permitted. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 6 of 14 explained that the Building Official was agreeing with the Fire Chief s opinion letter and he too requested to use Fire Chief s verbiage in the ordinance. Mayor Randels pointed out that if multiple tanks were stored on the premises; 1,000 gallons was the limitation. Mr. Nicholas asked about the total gallon size in a typical mobile home park and questioned the cumulative total tank storage. Mr. Morley replied that the study did not include individual homeowner uses. Mr. Nicholas pointed out that the Ordinance refers to the total on a parcel of land and the mobile homes were on a parcel. Mr. Morley responded to Mayor Randels that any measure less than 500 gallons was measured in pounds. Ms. Roberts asked Mr. Morley if his point were to limit the capacity size to which he affirmed since it was easier to reg u late the size of the tank than the amount of the product. Mayor Randels asked if the language should read All 000 gallon tank per parcel." Mr. Evans pointed out that Chief Sargeant used the language "1 ,000 gallon capacity." Attorney Garganese clarified that the ordinance would need to remove the quantity and refer to capacity. Lamar Russell, Planning and Zoning Board Vice - chairperson, stated from Chief Sargeant that the National Fire Code regulated those uses and there was no need for capacity when referring to mobile home parks and private home which was enforced by Code Enforcement. Mayor Randels concluded that the language referring to "gallons" would be removed and amended to reflect the tank "capacity." A resident inquired what was considered a parcel of land and she asked if Coastal Fuels was one parcel. Mayor Randels clarified that coastal Fuels represented three parcels. Mayor Randels clarified that if the owners of the land requested a permit, they no longer had that Special Exception in the stated zoning for the storage of liquified petroleum gas. Mr. Morley stated that all previous special Exceptions would become of legal non- conforming use. He expressed the audience's fear of Coastal Fuels re- platting in order to acquiring 50, 1,000 gallon tanks; however, that would not be a practical solution for anyone desiring liquified petroleum tank farm. Mayor Pro Tern Hoog stated that this Ordinance would remove the Special Exception for Liquified Petroleum storage in the M -1 zoning district. Mr. Morley replied that the Ordinance does allow a permitted use to have a distribution tank up to 1,000 gallons per parcel. He replied to Mayor Pro Tern Hoog that there was a greater quantity contemplated in the Special Exception. Mr. Morley stated that a 1,000 gallon tank was permitted for distribution only and that Coastal Fuels would be limited to 1 ,000 gallons on each of the three parcels. He summarized that this situation involved a zoning ordinance overlapped by a Fire code. Mayor Randels stated for the record that the Ordinance would be duly noted in the newspaper prior to the second Reading in two weeks. -- Mr. Petsos announced a Sea Oats Plantings for the beaches meetings at Cherie Down Park on Saturday, February 1 7th. City of Cape Canaveral, Florida City Council Regular Meeting February S, 2007 Page 7 of 14 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 01 -2007 as Amended at First Reading. 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. Ms. Roberts asked if Mr. Evans' concern on standards was addressed. Mayor Randels replied that Mr. Evans concerns were related to National Fire Code Standards. Mr. Evans stated the two problems as: 1) gasoline and the distances from it, and 2) liquified petroleum which he saw as a greater risk. He stated that the Planning and Zoning Board would still need to create proper distance standards. Mr. Russell concluded that the standards Mr. Evans was addressing were already in the National Fire Code. Mr. Boucher asked if there were a consensus from Council to research separation distances. Council concurred that more stringent laws Could be applied. Mr. Morley responded that more stringent standards would require State approval in order to be applied State-wide and would be a challenge to adopt. 5. Motion to Approve: ordinance 02 -2007; Amending Article III of chapter 70, Taxation, At First Reading. Mayor Randels read Ordinance No. 02 -2007 by title. -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 70, TO CHANGE THE TERM "OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX" CONSISTENT WITH FLORIDA LAVA; MAKING CONFORMING AMENDMENTS TO CHAPTER f, ALCOHOLIC BEVERAGES, CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38, FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. Mayor Randels explained how this would avoid fraudulent activity and misrepresentation in which persons who paid an Occupational License Tax were using it to proceed to conduct business. The State of Florida recommended that municipalities remove the existing language in its Code referencing "occupational License Tax" and replace it with "Local Business Tax." Ms. Roberts asked if discussion would allow for any changes or if the City had to accept what was provided. She pointed out examples in which the language Could be made gender neutral. Attorney Garganese affirmed that changes could be made if they were not substantive changes. Ms. Roberts referred to Fees on Page 7. Attorney Garganese stated that he did not advise that the Council change any fees at this time because of the separate procedure required to amend Local Business Tax fees. Mayor Pro Tern Hoog stated that he would prefer to review comparatives prior to changing any fees. Mr. Boucher concluded that he would provide the regulations before Council attempted to amend the fees. City of Cape Canaveral, Florida City Council Regular Meeting February S, 2007 Page 8 of 14 Mr. Dunn questioned if this would apply to the weekend contractors in ocean Woods. Mr. Morley explained that the ordinance would apply to the extent that any person who applies for a Local Business Tax, this would not give the appearance that the person doing business was "Licensed" and therefore authorized by the City to do business, but had merely paid a tax to do business. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 02 -2007 at First Reading. 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. DISCUSSION: 5. Mixed -Use Zoning. Mayor Randels explained that the Council instructed the Planning and Zoning Board to re- evaluate the applications for mixed land use in the city. The Board was seeking further guidance from the Council. Mr. Russell addressed the Council and the Board would discuss the matter with an unbiased review without an application from a developer. The Board's discussion would also include the amount of viable pedestrian traffic to make for a successful mixed use concept. Ms. McNeely stated that she was receiving mixed signals about the mixed use concept and related how the Planning and Zoning Board was held in contention for commercial development along North Atlantic Avenue that allowed for residential next to commercial zoning. She questioned the Council's desire for mixed use that would now allow people to live within a commercial development. Mayor Randels explained how the mixed use development was an expected event whereas Special Exceptions did not allow residents to anticipate their resulting neighbor. Mayor Randels related on a visit to Winter Springs Town Center that implemented a mixed use development. He noted Mr. Russell's point that cape Canaveral was not as large as Winter Springs and therefore might not have the same level of pedestrian traffic to sustain the businesses. Mayor Pro Tem Hoog expressed that many of the people who frequent Cocoa Village did not live in that area. Mayor Randels used for example the shopping district on Canaveral Beach Blvd. as the beginning of a walking community. He pointed out how this would slow traffic and might therefore slow down the gaming ship industry traffic. Ms. McNeely re- stated that there was some concern expressed over using North Atlantic Avenue. Mayor Randels related that he also visited a mixed use community in Altamonte Springs called, "Uptown" and expressed his favor with that mixed use concept. Mr. Petsos expressed that he wanted to see the concept explored as a development option and said that the full scope of a mixed use design would rest with the developer. Ms. Roberts expressed that the northeast segment of the City had anticipated a small shops based walking community due to the -� commercial zoning in that area. However, in agreement with Mr. Petsos the developers would have control over the final product without the Council's direction. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 9 of 14 referred to the previous mixed use application that was the developer's design. He concluded however that there was no Residential Planned Urban Development before Ocean Woods. Mr. Boucher explained how a paradigm shift was necessary in order to help the Planning and Zoning Board with a mixed use concept. He related that a firm depicted how slowing down traffic decreased traffic injuries. Mr. Randels referred to a previous suggestion that Mr. Petsos had to place traffic stops along Ridgewood Avenue. Mr. Nicholas brought out the absence of a supermarket in the City because the demographics would not support it. He pointed out how that slower traffic might not invite the number of businesses needed to sustain a mixed use development. Mayor Randels related on how people staying at the local hotel sought places to go in the community and said perhaps there was a demand. Mayor Pro Tem Hoog stated that there were few big businesses in mixed use concepts and mixed use concepts usually attracted small shops. Mr. Nicholas questioned why the hotels did not include the anticipated shops in their development. He stated that demographics drive businesses. Ms. Roberts reminded that the survey responses found that people were seeking small businesses. She stated that the City needed to invite and attract such businesses. Mayor Pro Tern Hoog informed that the developer would rent the shops before the construction was completed. Mr. Nicholas said that the commercial entities were responding. Ms. Roberts stated that the mixed use was attractive to certain type of development. She expressed that a proactive stance on the Council's part would establish what was needed. Ms. Roberts also stated that a town center and green space were the two priority concerns of the survey respondents. Mr. Nicholas concluded that he did not see the commercial entities coming into the City except the fast food franchises. A resident expressed that she was attracted to the community because of the small town atmosphere. She noted that mixed use was an ideal location for a small town shopping district. Mr. Peetz stated that his firm promoted mixed use development. He also stated that there were no unsuccessful mixed use developments in Central Florida so far. Mr. Peetz reviewed the success of Cocoa Village and Winter Park. He asked the Council to explore the concept open-mindedly. Mr. Peetz related that the previous mixed use application would have set the precedent for mixed use development in the County. Mr. Ray Osborne added that mixed use provided more options to develop existing buildings. Mr. Boucher pointed out that as the Planning and Zoning Board explored mixed use the possible areas would be identified for a small concept. Donald Dunn, Planning and Zoning Board member, suggested separate buildings to accommodate different types of businesses in close walking distance. Ms. Roberts mentioned that the Business and Cultural Development Board would conduct a business survey of existing businesses and this might provide additional insight from current businesses. Mr. Boucher referred back to Mr. Nicholas' concern of demand for business and informed that WalOreen's and CVS �- pharmacies have been seeking a location for some time. Mr. Boucher related that the price of land was cost prohibitive. He questioned if the City allowed for cost effective City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 10 of 14 development in commercial usage. Mr. Nicholas pointed out that State Road A1A was the main road and the City's physical geography might not allow for the concept. Mr. Boucher explained how the land structure appeared to only allow strip malls. Discussion followed on possible locations on the west side of State Road Al A. Mr. Russell stated that he was willing to open- mindedly review the mixed use concept. He also stated that the Board would gather the information and consider them for appropriate locations. He pointed out such sites as: the south side of Central Blvd. near the canal, the area on Astronaut Blvd. near the AJT building, Oak Manor, near the Straw Hat Club, or the empty lots on Central Blvd. He stated that he lived in the city for many years and favored the small town atmosphere but he was willing to explore the concept. Mayor Randels informed that the City had a very low tax base. He pointed out that the proposed double homestead exemption would subsequently impact the community with its low portability tax. He stated his belief of the need to acquire tax benefits through businesses. Mr. Osbome questioned the long process involved with submitting an Ordinance for mixed use to the Florida Department of Community Affairs [DCA]. He asked if the Ordinance would include where the mixed use would occur. Mayor Randels replied that any mixed use concept would need to decide the project. Mr. Russell informed that changes occurred first to the comprehensive Land Use Map then the Zoning Map. Ms. McNeely pointed out that the City was in a high hazard coastal area and inquired about the Council's flexibility toward density. Mr. Petsos replied the drive -in traffic was also included in the mixed use concept; however, DCA would not allow for the increased density. Mr. Nicholas expressed that increased density would be a development concern. Ms. Roberts anticipated the research that the Board would seek from around the State and looked forward to guidance from the Board. CONSIDERATION: Add -On Item: 7. Stormwater Management cost sharing Agreement with the St. Johns River Water Management District. Jeff Ratliff, Stormwater Administrator, acquired a grant for $11 6,000 for the south portion of the Central Blvd. ditch from Central Blvd. south through State Road A1A. He reported that this grant included a $286,000 Florida Department Environmental Protection grant with the City contributing $94,000 from the Stormwater Fund. The total was $496,000 for the south end ditch. Mr. Ratliff outlined that the project was a massive clean -up project to clean out the dead vegetation, the pepper trees and re -grade the slopes due to erosion. He replied to Mr. Russell that a walking path was not of the plan. Mr. Ratliff stated that the area would be graded to an either a two- to-one or three to- -one slope. He informed that a decorative fountain was proposed near State Road Al A and a bench near Central Blvd. Mayor Randels summarized that the grant funding amounted to only a 19 percent contribution from the City. Mr. Ratliff replied to Ms. Roberts that the project would start some time next year and would be completed within 60- to 90-days. Mr. Boucher pointed -�- out the need for a meeting with the Council on the project. He scheduled a meeting with the Council prior to the next Regular city council Meeting on February 2& at 5:30 City of cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 11 of 14 P.M. which would eliminate the Code Review Workshop Meeting. The Drainage Ditch meeting previously scheduled for February 10 was cancelled. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Accept the Stormwater Management cost Sharing Agreement with the St Johns River Water Management District. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. REPORTS: City Manager ■ Mr. Boucher announced a Workshop meeting with the Canaveral Precinct staff for Thursday, February a at 5:30 P.M. • Mr. Boucher announced a Joint Meeting with the Planning and Zoning Board meeting on Sham Term Rentals for Thursday, February 15 at 5:30 P.M. • Mr. Boucher reported that he would attend a meeting with the Brevard county Traffic Engineering and local utility companies in Viera on the following day. He would seek updates with the traffic engineers on the intersection project. He would also acquire the 30 percent plans on the North Atlantic Avenue middle turn lane. He also requested a comparative from Brad Smith and Associates for the North Atlantic Avenue project similar to that on Ridgewood Avenue. Mr. Boucher replied to Ms. Roberts that the light installation was scheduled for this month. ■ Mr. Boucher announced that Mayor Randels could provide input on the left turn lane project as a result of his participation on the Brevard County Metropolitan Planning organization. Mayor Randels reported that the State agreed to the roads on the previous Resolution. Mr. Boucher announced a Joint Meeting with the council and the Planning and Zoning Board on the Sign Code for Monday, February 2e at 5:30 P.M. Building Official ■ Mr. Morley reported that he received a call from the Torpy Group representing TransMontaigne requesting an application for appeal of the Building Official's decision. ■ Mr. Morley also reported on Site Plan finals for Perlas del Mar. City clerk ■ No report. City Attorney No report. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 12 of 14 AUDIENCE To BE HEARD: Mr. Ray osbome announced that at Manatee Park on Thursday, February le at 3:30 P.M. Mr. Ben Debase of the Sons of the American Revolution would speak about the marker dedication on March 1 & and a re enactor Mr. Gary Haas would bring in some Revolutionary War weaponry for display and possibly to discharge with Law Enforcement authorization. 3. City Council Ms. Roberts • Ms. Roberts requested to lease the building and land across from City Hall for City staff use especially the Building Department due to their cramped quarters, to provide additional parking, and for additional customer space needs such as for Site Plan reviews. She replied to Mayor Randels that this would provide an interim solution. Council directed the City Manager to inquire. • Ms. Roberts mentioned that the Council had an opportunity to meet with Mr. Bill Parsons the new center Director of the Kennedy Space center. She related that a courtesy meeting could occur prior to any formal meeting. Mr. John Hales, Chief of Governmental Relations, suggested a courtesy visit from the City Manager and any member of Council at which time an invitation could be extended for Mr. r Parsons to meet with the Council. • Ms. Roberts related how many other municipalities have conducted their Visioning Session. Mr. Boucher informed that Ms. Marilyn Crotty, from the Institute of Government, facilitated Cape Canaveral's initial visioning session in the mid -90's and Mayor Randels said that Canaveral set the visioning session precedent. Ms. Roberts expressed concern that the City was wafting too long in the year to schedule a Visioning Session. Mr. Boucher replied that the council desired feedback from the Board's which postponed scheduling a meeting earlier in the year. Mr. Nicholas • Mr. Nicholas reported on vandalism to the Manatee at the Sanctuary Park and recommended installing a security camera. The City Manager replied that the Recreation Director had proposed lighting and he would reiterate area patrolling. • Mr. Nicholas inquired about several new adult arcades in two places in the Avon - by -the -Sea area, one of which was a former Fireworks Sales Store and also on Merritt Island at the former Winn Dixie. He questioned their proliferation and asked the City Attorney if legislation was becoming less restrictive. Attorney Garganese responded that the City established an ordinance that prohibited adult arcades in the City; however, he would seek additional information. Mr. Petsos Mr. Petsos questioned the status of the soccer field. Mr. Boucher replied that the project was ongoing. There was $112,000 from the Florida Department of City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 13 of 14 Environmental Protection. He would continue to work with Stottler, Stagg and Associates on the project. • Mr. Petsos asked if more bike racks were on order especially for the beach ends. ■ Mr. Petsos asked if the City Manager met with the new County Commissioner. Mr. Boucher aff rmed . Ms. Roberts asked if Cape Canaveral could schedule the new Commissioner for a Town meeting. The City Manager would schedule a meeting at the Library. M Mr. Petsos inquired about the proposed Ron Jon project at the Port. Mr. Boucher replied that he had no word; however he informed that he shared the new Cape Caribe 11 proposed project. • Mr. Petsos reported that students from Cocoa Beach High School and the Stormwater Coordinator remarked the stormwater inlets. • Mr. Petsos announced a Sea oat planting project on February 17 at Cherie Down Park beginning at 9:00 A.M. He requested hot dogs and soft drinks. Mayor Pro Tem Hoog Mayor Pro Tem Hoog requested that the barricades remain after the sidewalk installations were complete due to the potential of damage to the new concrete. Mayor Randels ■ Mayor Randels reported that the City was named a Tree City USA for the 18th year. ■ Mayor Randels asked if there were a location for the Nemours Hospital. Attorney Garganese reported that the hospital was filing its third application and still seeking a site. ■ Mayor Randels reported that the State agreed to pay for the road projects in the Palm Bay area and the Florida Department of Transportation would also pay for any cost overruns. ■ Mayor Randels informed that the County awarded $325,000 to 24 groups in the Brevard Arts Council and he noted $15,929 was awarded to Surfside Players. ■ Mayor Randels received a call regarding NASA's 50 Anniversary. He reported that a quarter page recognition ad was $9,950. Ms. Roberts inquired about the joining with other cities and sharing an ad. Council agreed to provide a Proclamation recognizing NASA's 50th Anniversary. ■ Mayor Randels announced that he was working with Ben DuBose and the Sons of the American Revolution for a ceremony on March 'loth at the Port. ■ Mayor Randels reported that the City had been working with the Florida Department of Transportation on the Central Blvd. and State Road A1A project since 1989. ■ Mayor Randels reported that there were still vacancies on the Brevard County Metropolitan Planning Advisory Board. Mayor Randels reported that the Florida League of Cities helped the City collect �-- $1,050 from insurance companies doing business in the City without a license. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 14 of 14 ADJOURNMENT: There being no further er business, the Chair adjourned the meeting at 10:00 P.M. • C— C)CYLAC:-. 41V.,■$(9Q-Sk_ rt { Rocky Randels, MAYOR Susan ills,, CJTY CLERK L(( } C } C 'e3 1