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HomeMy WebLinkAboutMinutes 06-16-2009CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 16, 2009 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk Building Official Recreation Director Public Works Director Assistant Public Works Director PRESENTATIONS: 6:05 p.m. — 6:30 p.m. Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Todd Morley Robert Lefever Walter Bandish Jeff Ratliff Beautification Board 2009 Summer Award (Commercial Property): Ron Jon's Cape Caribe Resort Ms. Patricia Miner, Beautification Board Member, presented the Summer Commercial Property Award to the Ron Jon Cape Caribe Resort Ms. Miner informed that the property was well landscaped and good for walking, bicycling, and entertainment. The property is a great asset to the City. Mr. John Grandlich accepted the award on behalf of Ron Jon's and Homes by Towne Realty invited the audience to visit the Resort and enjoy its many amenities. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 2 of 16 BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT • Ms. Joanne Muncey reminded the City Council Members and the audience of the Business and Cultural Development Board's new Meeting time of 4 to 6 P.M. on Wednesday, July 8th • The City Treasurer will make a Finance presentation at their July 8th Meeting. • Mayor Randels noted that he had Ms. Shellie Williams scheduled for that day and time; however, Ms. Muncey informed that she has consented to make a presentation in August in order for the Board to have enough time to conduct their business in July. Recognition of Capeview, Elementary Student — Michael Weinel, 4th Grade, First Place Ribbon in South Area Elementary Art Fair. Mayor Pro Tem Hoog recognized Michael Weigel, 4th Grade Student at Cape View Elementary School who won the First Place Ribbon. Michael's artistic endeavor won for its "grotesque beautiful" quality. Mayor Pro Tem Hoog presented Michael with a Certificate and City Coin on behalf of the City. MUNICIPAL ECONOMIC DEVELOPMENT POWERS: CITY ATTORNEY Attorney Garganese opened his presentation with the intent of augmenting City Council's previous discussion related to Economic Development. The City Council has adopted a Redevelopment Plan from the Business and Cultural Development Board and has already taken action within the last month for a voter Referendum requested Ad Valorem Tax Abatement Authority as a means of incentive for new business and for expansion of existing business. The Council has also discussed the possible creation of Community Redevelopment Agencies sometime in the future; however, the climate, at this time, might not be conducive for creating a Redevelopment Agency. Attorney Garganese presented, however, another opportunity. With Economic Development Incentives the City generally has Municipal Home Rule authority to provide economic incentives. However, there is also additional authority that is granted under State and Federal law for economic incentives that requires the City Council to take some action to get that authority in their hands and use it as a tool for future Economic Development and one such tool is Brownfields. The term, Brownfields, was generally thought to relate to environmental dean -up of properties with hazardous waste or contamination; however, part of Brownfields development programs include economic incentives for properties which were not actually contaminated. Attorney Garganese' presentation would focus on the latter concept. Economic Development Use of Public Funds and Brownfields City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 3 of 16 Presented by. Anthony A. Garganese, City Attorney Attached to the June 16, 2009 Meetings Minutes Mayor Randels asked if Brevard County needed to approve Brownfields. Attorney Garganese replied no and he explained that a Brownfield area is simply a designation. He also replied that the City draft a Resolution, stating that a Brownfield is separate and distinct from a Community Redevelopment Agency. Ms. Roberts asked if the City would need the cooperation of the property owner. Attorney Garganese responded that there is a public hearinq process where the property owner can provide input and there are provisions in the statute if the property owner wanted to opt out. Mr. Petsos stated that he desired to address this from the aspect of the whole of the City. Mr. Petsos asked for comparative of what it would take for a property to meet the Federal guidelines. Mr. John Porter addressed the State Road A1A corridor and stated that Brownfield could provide a beneficial tool to refurbish that road. Mr. Petsos stated that the lead identified as part of some of the building on SR A1A, had not leaked into the groundwater. Mr. Nicholas asked if the zoning density could be used as a relief. Attorney Garganese responded that the Council could not waive the density that was in the City's zoning plan. Ms. Marcum asked if all the components must be used. Attorney Garganese replied no. Ms. Marcum asked if a non-profit was eligible for these incentives. Ms. Marcum asked if municipal buildings could be used. Attorney Garganese replied they would be eligible to apply and would be subiect to local government decision and criteria. Attorney Garganese informed that the City of Cocoa received $450,000 in funding subsequent to their Brownfield designation. Mr. Porter recommended that the Council designate entire commercial areas with the provision to opt -in or opt -out. Mr. Petsos recommended a Workshop in order to obtain information related to the cost. A motion was made by Ms. Roberts and seconded by Mayor Randels for the City of Cape Canaveral City Council to Pursue The Brownfield Incentives as Presented by the City Attorney and for the Staff to Pursue the Next Steps Involved in Designating Brownfields in the City. The vote on the motion carried 6-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. REPORTS: 6.30 p.m. — 6:50 p.m. CITY MANAGER • Mr. Boucher distributed the top five, `Worst/First," from the Building Official. Mayor Randels asked if the property owners had been notified. Mr. Boucher responded the properties could be published on the website. Mr. Petsos recommended notifying the property owners similar to what is done with Code Enforcement violators. Mr. Boucher informed that the properties listed were commercial only. Mayor Randels clarified that these were buildings that were most in need of City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 4 of 16 maintenance. Ms. Roberts asked if the Building Official also planned to address residential properties. Mr. Boucher affirmed that he would. Ms. Roberts requested to see the top five, "Worst and First,"in residential properties at the City Council Meeting on Tuesday, July 7th. Mr. Tom Garboski, asked if these property owners were under City Code violation and said the City might be overstepping its boundaries if the people were not cited as Code violators. Todd Morley informed that of the ten properties found, five were selected; however, now that the properties were identified, Code Enforcement would take action. Mr. Morley informed that the violations could be cited with the International Property Maintenance Code and City Code Section 34. Mr. Petsos again recommended notifying the property owner first. Mr. Morley affirmed that notification would proceed through the regular process; 1) a telephone conversation, and 2) a courtesy notice. Ms. Roberts recommended that the Building Official provide them a suggested schedule to come into compliance. Mr. Morley affirmed that the Code Enforcement Department had an effective process. Mr. Hal Ozkaptan of Ocean Oaks stated that the Worst -First appeared intrusive and gratuitous and he asked if someone could describe the type of problems that Code Enforcement was seeking to identify. Mr. Boucher replied that the identification was met based on City Code maintenance criteria. Mr. Ozkaptan suggested that the Board decide what meets the criteria as opposed to having a City employee make a judgment call. Jim Hale, Code Enforcement Member, clarified how Duree Alexander, Code Enforcement Officer, gives the property owner extensive customer courtesy in the course of citing a Code violation. • Mr. Boucher informed that he and Barry Brown, Planning and Development Director, met with Commissioner Nelson and a representative from the Florida Department of Transportation [DOT], Ms. Georgian Giovanni to review the City's DOT issues. Commissioner Nelson stressed the importance of a left tum arrow at the comer of Central Blvd. and State Road A1A. Additional discussion focused on: o Lowering the speed limit on SR A1A; o The residents concern about safely crossing SR Al which is related to the speed limit; o The open drainage culvert in the northeast section of SR A1A and moving toward getting this drainage ditch back on the DOT right-of-way, creating a culvert, and installing a sidewalk on it. Commissioner Nelson would support the City to help make progress on these issues. • Mr. Boucher attended a Total Maximum Daily Load [TMDL] requirement Meeting on Friday, June 12th for stormwater and wastewater treatment plants. These requirements prohibit loading of phosphorous and nitrogen into the Banana River City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 5 of 16 and Indian River Lagoon. The TMDL parameters have been set and now the work begins with local governments on implementation. A series of quarterly meetings will be held for the next year to establish best management practices. Mr. Boucher met with Commissioner Nelson related to the Library Meeting Room. Commissioner Nelson was supportive of the Council's use of the Meeting Room on any night of the week and he was also supportive of keeping the Cape Canaveral Library open on Saturdays. Ms. Roberts asked if there were an estimated schedule of when the Council and Boards could begin using the Meeting Room. Mr. Boucher responded that he was working with the County on an amended Agreement. The County Attorney was stuck on the pro rata shared maintenance cost. Mr. Boucher was seeking a definitive cost. When the City could use the Meeting Room was the predominate issue. Mr. Boucher took note that he would return to the Council with approval on the Agreement from Brevard County on the Library Meeting Room use by August 1. Mr. Boucher reported on 250 in attendance at the Movie -in -the -Park. • Mr. Boucher reported that the County was aware of the City's Visioning sessions. The County Planning Director regularly attends the meetings. Mr. Boucher reported that the City of Cocoa Beach City Manager requested the City's $10,000 check for the Fireworks event Mr. Petsos referred back to the Meeting wherein Vice Mayor Pruitt said that Cocoa Beach had their funds to sign the Agreement and Cape Canaveral's donation would not be due until the end of the month. Mr. Petsos said this because Cocoa Beach has had commitments, but no checks up to this point. • Ms. Roberts reminded of the branding opportunity and also reminded that the event was for a joint endeavor. Ms. Roberts informed that although she spoke with Vice Mayor Pruitt later, the letter that Cape Canaveral received from Cocoa Beach as well as the publicity to date has not represented a joint effort in the two cities. Ms. Roberts expressed her concern that Cocoa Beach was requesting a check; but, in her observation, they were not being consistent with the discussed joint sponsorship of the effort. Ms. Roberts said that the City Manager needed to ascertain the specifics related to the use of Cape Canaveral's funding. She stated that part of the rationale of her support for it was for a joint cities effort. Mayor Randels brought out that Cocoa Beach was the leader in this effort and their name should remain in the lead. Mayor Randels reminded that it was their fireworks, barge, police and community City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 6 of 16 and Cape Canaveral was simply adding to that cause. Ms. Walsh asked if any contributions were delivered to the City. Mr. Boucher replied that no donations were received and he concluded that he would remain with the original plan of waiting until the end of the month to send the check. In conclusion, Ms. Roberts said that part of the purpose of the joint -named effort was to be able to approach the businesses and individuals in the City of Cape Canaveral for contributions. • Mr. Boucher reported that he, Bob Baugher of the Radisson Resort at the Port, Chuck Billias, City Manager of Cocoa Beach; Rod Varley of the Tourist Development Council; and Barbara Meyers of the Space Coast Transportation Planning Organization met to discuss the possibility of obtaining a pedway or bikeway system on the north side of State Road 528 from State Road 3 and a pedway along Lambert Drive on the north of SR 528 and how they would work with the Federal Legislation to make that occur. He described a metal pedway, or gangway, which the Florida Department of Transportation can hang from the side of a bridge. Mr. Boucher requested more information to incorporate this concept onto the north SR 528 bridge. The goal was to create a bikeway loop without the existing dead ends. • Mr. Boucher reported that Canaveral Port Authority would have Dr. Kevin Baughe talk about the Federal sand bypass project scheduled for year 2010. STAFF Public Works Director • No report. Assistant Public Works Director • No report. Commander Alan Moros • No report. Planning and Development Director • No report. Building Official • No report. City Clerk • Ms. Stills reminded City Council Members to turn in their Financial Disclosure Forms before the deadline of July 1. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 7 of 16 • Ms. Stills also reminded City Council Members of the upcoming Ethics Workshop which is mandatory for City employees based on the City's audit recommendation. The Workshop will be held on Wednesday, June 24th with two sessions: 8 A.M. to Noon and 1 P.M. to 5 P.M. • Ms. Stills announced that she graduated with a Bachelors of Arts Degree in Theology on Thursday, June 4th and she planned to pursue a Graduate degree in August. Ms. Stills stated that she planned to transition from work with the City at some point and was looking forward to the next season of life. City Attorney • No report. AUDIENCE TO BE HEARD: 6.50 p.m. — 7.15 p.m. • A representative of Christ Lutheran Church explained how they were bidding out for an electronic sign and would remain at the Meeting to hear more during the Sign Code Ordinance discussion. • Mr. John Porter referred to the previous City Council Meeting and presented his tree surveys, for the record, identifying all trees above 4 -inches on his property. The surveys were on file in the City's Planning and Development Department. He clarified that some vines and Brazilian pepper trees were the only species removed. • Mr. Porter responded to Ms. Roberts' question on the next Visioning Meeting and explained that the Committee decided not to hold a Meeting in July but would begin again in August. This would also accommodate the seasonal residents and would also permit all of the Meeting dates to be included in the calendar. CONSENT AGENDA: 7:15 p.m. — 7:30 p.m. 1. Motion to Approve: Regular City Council Meeting Minutes of May 5, 2009 and June 2, 2009. Ms. Roberts recommended, on Page 4 of the Meeting Minutes, to enter the Letter from the State Attorney's office which the City Manager received into the record of the June 2nd Meeting Minutes. City Council Members concurred with Ms. Roberts' recommendation. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve the Regular City Council Meeting Minutes of May 5, 2009 and June 2, 2009 with the State Attorney's Office Letter attached. The vote on the motion carried 5-0 City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 8 of 16 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For, Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing (Continued from June 2,2009): 7:30 p.m. — 8:30 p.m. 2. Motion to Approve: Ordinance No. 05-2009; Sign Code Ordinance. Attorney Garganese read Ordinance No. 05-2009 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Mayor Randels asked the Building Official to address the two items that were of concern. For the benefit of the audience, Mr. Morley referred to the question: "If it is content neutral, how does the City determine if it is off-site or on-site signage. The Ordinance does that by defining those two terms and past the issue of on-site or off-site; content is not considered any longer. On-site signs are allowable, non-commercial speech is allowable; what is not allowable is off-site signage; the Ordinance covers it. Mr. Morley clarified for Mayor Randels that the Ordinance will outline that if it is not related to goods and services onsite, then he would not issue that permit. Ms. Joyce Hamilton contended that the Council needed to consider content to determine if a sign were an off -premise or on -premise sign. She did not see where that was determined in the Ordinance to which Mr. Morley replied that it could be found in the definitions. Ms. Hamilton asked if someone would need to obtain a permit every time the content of an electronic sign changes. Mayor Randels clarified that an electronic sign, "shall mean a sign on which the copy changes automatically." Mayor Randels clarified for Ms. Walsh that Cape Canaveral has an off -premise sign prohibition. Mr. Morley brought up that a "change of copy" was listed under exemptions in the current Code. Attorney Garganese used changing gas prices as an example of not needing a permit when the content changes. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 9 of 16 Mr. John Johanson, 310 Adams Avenue, stated how the Visioning process was in progress and he found this a good time to address the Electronic sign issue. He pointed out the comparison of the Electronic signs versus something that was visually appealing. He suggested passing the Ordinance, omitting the Electronic sign portion, and establishing a sunset on non -conforming signs. Attorney Garganese stated that this would require removing electronic signs and including this under prohibited signs. Ms. Roberts conveyed that many other cities prohibit Electronic signs, and expressed that she disfavored them from the beginning. Ms. Roberts desired for the public to have a comparative opportunity to view both sides of the Electronic issue. Ms. Roberts stated how the businesses would not be adversely impacted necessarily if, indeed, the City proceeded with the plans to bring the storefronts up and put the parking in the rear. Ms. Roberts expressed that Mr. Johanson's suggestion was timely. Mayor Randels referred to Page 21, Section 94-78, and asked if Ms. Roberts desired to strike or withhold any portion of this section. Ms. Roberts stated how this would not hinder the Council from addressing this issue since the community was working through the Visioning effort. . She desired, however, to postpone the Electronic portion of the Sign Code until the Council could hear back from the community as part of the Visioning effort. Attorney Garganese stated that Electronic signs were becoming more of a trend. He informed that some communities opposed them as far as the Federal Appellate Court and others have permitted them on a small scale. The advantages and appeal were in providing quick messages and public notices. Mr. Les Chenowith, Chairman of the Board of Elders for Christ Lutheran Church informed that the existing church sign was 12 feet wide by 5 -feet high; however, the new sign would be 7 -feet wide by 3 -feet high and would be an electronic sign operated from within the church. He asked when the Council would discuss sign size. Mayor Randels informed that his question could be answered later in the meeting. Mayor Pro Tem Hoog stated that the Council had progressed a long way with the Sign Code issue. Mayor Pro Tem Hoog expressed that businesses were the major stakeholders in this issue and he further expressed his disfavor with waiting to hear from the Visioning Committee. Ms. Roberts clarified that she has not been in favor with Electronic signs from the beginning. Ms. Roberts used the Washington, D.C. area as an example of the adverse effects of Electronic signs, although she has seen some of them tastefully done. Mr. Petsos expressed his concerns that if the Council waits until the Visioning meeting, then why they were discussing Sign Code Ordinance now. He proposed regulating the sign size. Mr. Petsos said that the City should help the businesses; however, not become what is seen on International Drive in Orlando. He stated that businesses were waiting to obtain something by way of regulations. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 10 of 16 Ms. Walsh expressed that the Council has been in discussion on the issue for the past three plus years of which she had been part of the discussion for six months. She agreed with both Ms. Roberts' and Mayor Pro Tem Hoog points, but stated her thought that the Electronic signs will be valuable to the businesses. The City should be able to manage Electronic signs without becoming like Las Vegas. Ms. Walsh said that if there were some benefit to the City, then the Council knew their answer on the Electronic portion of the Sign Code. Mr. Charles Fouche, owner of Beach Pawn, informed that since he opened his business, there were 20 failed businesses in the City in the past three years. He said that the Council has been working on the Sign Ordinance for three years; however, minimal progress has been made. He expressed his frustration with the overall Sign Code approval process. Mr. Petsos, for the record, took exception with Mr. Fouche's remark that the Council has made minimal progress. Mr. Fouche recommended that the Council put the Side Ordinance to a vote and take action. Mr. Alan Beal, owner of Space Port Amoco, 22 -year business owner, stated that there was buy -in from the business owners on the electronic signs; however, it appeared that the Council intended to remove the Electronic signs from the discussion at this point. Ms. Roberts explained that she was waiting for the Visioning Meetings because it may impact what the Council enables the City to have. Mr. Leo Nicholas informed that he participated in the process and unfortunately the government process takes time. He expressed his disagreement over the Electronic signs with Mayor Pro Tem Hoog stating that City Hall, the Library and the Recreation Center would benefit from an Electronic sign as well as the businesses. Mr. Nicholas stated that the Electronic sign size could be an issue; however, the City could regulate sizes to obtain an attractive sign. Mr. Nicholas asked that the Council no longer delay. Mr. Donald Dunn, Planning and Zoning Board Member, stated that the Board discussed in great detail the size, type, etc and he did not think waiting on the Visioning process was prudent. He too suggested that the Council no longer delay. Mr. David Schirtzinger recommended permitting the Visioning Committee Meetings to progress and allowing input from the residents on the Sign Code through that venue. He also recommended a sunset for non -conforming signs in order to decrease the blight of some signage which would be good for business and good for residents. Mr. Morley reviewed some different scenarios of how a business could obtain an Electronic sign. He informed that the City could administratively permit a ground sign; however, the ground sign could be no higher than 20 -feet high. Mayor Pro Tem Hoog brought up that some businesses might need to apply for a variance. Mr. Morley summarized that as long as the signage was no higher than 20 -feet, the business owner could locate that Electronic sign within it. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 11 of 16 Ms. Hamilton stated that what the Building Official presented was good, but the Council should not vote on Electronic signs without further input from the businesses and they were told that Electronic signs would be included in the Ordinance. Ms. Hamilton stated that moving the businesses up [setbacks] presented a liability. Ms. Roberts clarified that the Council was not committed to the Electronic signs. Ms. Hamilton responded that there was a strong understanding that Council was in favor of the Electronic signs. Mayor Pro Tem Hoog stated that he would not vote for the Sign Code Ordinance if the Council deleted the Electronic sign portion of the Ordinance. Further discussion clarified that the total signage was 250 -square feet. Mr. Nicholas asked if the Council could make modifications at the Second Reading. Attorney Garganese replied that the Council had leeway to make changes; however, they could not amend the material purpose of the Ordinance. Mr. Fouche stated that at the Workshop both signage content and sign structure were discussed at length. Mr. Morley related to Code Section 94-64(g), "no ground sign shall be supported from the uppermost edges more than 20 -feet above the grade level from the edge of street pavement. This sub -section shall not apply to any sign on the face of the building. Any sign that is not attached shall not exceed 150 -square feet on its largest front." Mr. Morley corrected his statement saying that this includes all structural members. Mr. Petsos clarified that within a monument sign, an Electronic sign must be included within the 150 - square feet. Mayor Randels clarified that 150 -square feet total signage would apply to the pole sign and the monument sign. Mr. Alan Beal explained how a size restriction would hinder him from using his company logo with an Electronic sign. Mr. Morley clarified that the Electronic sign must be incorporated within the perimeter of the overall sign; therefore, it is a perimeter issue. Mayor Pro Tem Hoog expressed his agreement with permitting a business person to reduce the sign to 20 -feet and place the reader board right below it no more than 10 -feet high; however, he was not in favor with requiring a business person to remove an existing sign just to incorporate an Electronic sign within it. Ms. Walsh recalled hearing about a sunset date. Mr. Morley stated that the Ordinance would simply make the signage non -conforming. Attorney Garganese clarified that this was not a sunset date, but an amortization date which required non -conforming signs to come into compliance with the new sign Code by a certain date that was not currently in this Draft Ordinance. Mr. Petsos stated again that he was seeking consistency between the monument sign and the pole sign. Mr. John Johanson stated that the Council was seeking to get a visual look to the City through the Visioning process; however, they did not need to wait until the end of the process to get an idea of what the people desire to see. If some photographs of tasteful Electronic signs were sent to Phil Laurien, of the Florida East Cost Regional Planning Council, he could introduce to them to the audience and get feedback. He stated that the City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 12 of 16 best advertising was word of mouth. Mr. Johanson said that the Council needs to complete this process and this would give the Community Appearance Board something to work with. In conclusion, he stated that the City needs to step up. Mayor Pro Tem Hoog also expressed the need to move forward. He stated that he would also like to see mixed-use, a Community Center, and more small businesses saying that as a City we need to move forward. Mayor Randels questioned the length of time before the Council could hold a Second Reading. Attorney Garganese stated that the Council could remove the electronic sign component and move forward. Attorney Garganese stated that the Council could take as long as three months before a Second Reading. Ms. Hamilton brought up some proposed amendments. She referred to Page 21 of 28 and stated that an electronic sign shall not be installed higher then 10 -feet, but this should read 20 feet. Mayor Randels clarified that the verbiage meant 10 -feet, "from the bottom." Council established the size of the Electronic signage at 24 -square feet. Ms. Judy Hale, Beautification Board Chairperson, suggested that the Council go and view the sign at Riverside Presbyterian Church, as an example of a monument style sign. Mayor Randels recommended that Ms. Hamilton read her proposed amendments, for the record, 1) Page 7 of 28, under the definition of Visibility Triangle "as used in this Chapter streets shall include both public and private streets." Mr. Morley affirmed that these would be open to public access. Next, Ms. Hamilton read from Page 9 of 28, seeking to clarify "when is a window a wall," using McDonald's Restaurant as an example. Mr. Morley clarified that at 10 -feet high above grade, a window becomes a wall and this was addressed in the Code. Lastly, Ms. Hamilton referred to Page 20 of 28, Paragraph 1, Section B, Areas under Development, "signs allowed hereunder shall be permitted for one year or until the building permits for the area under development has expired." Ms. Hamilton said that we were going to add, "then completed or active Site Plan or Building Permit " and "as long as progress is being made, no extension is required." Mr. Morley clarified that this was tied to abandonment. Attorney Garganese replied that the Section does address completion in the sentence which reads, "all signs must be removed from the property within (7) days from which day the project is completed." Ms. Hamilton added "suspended or abandoned." Mr. Morley clarified three circumstances: 1) the sign hereunder shall be permitted for one year, 2) or until the Building permits for the area have expired, or have been revoked, 3) or the applicable Site Plan has expired. Ms. Hamilton contended that there was no reference to completion. Attorney Garganese conveyed that the applicant should get an extension if the project was not completed within one year. City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 13 of 16 Ms. Roberts conveyed that the next Visioning Committee Meeting in August involved viewing photographs of what the community desired to see. Mayor Randels questioned that the Visioning Committee Meeting would occur in August and asked if there were any interest in moving forward without the Electronic sign portion. Ms. Walsh recalled that the reason the Sign Code discussion was brought up was to include monument and Electronic signs. Mr. Dunn questioned the Council's thought of what they would gain as an answer by waiting to hear from the Visioning Committee. Ms. Walsh recalled the number of advertised Meetings related to the Sign Code and asked at the Meetings was that question brought up if people did not want electronic signs. Mayor Pro Tem Hoog replied that many people participated in the process, some of whom were in the audience. A motion was made by Mr. Petsos and seconded by Mayor Randels to Approve Ordinance No. 05-2009 Incorporating the Monument Sign into the Pole Sign at 24 -Square Feet Within 150 -Feet of Total Square Footage at First Public Hearing. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, Against and Ms. Walsh, For. For the record, Ms. Roberts stated that the Council was making a significant move without the community input provided from the Visioning effort. Attorney Garganese stated that he would have the next Draft prepared in the morning and the City Manager was responsible for placing a Display Advertisement in the newspaper within a timely manner. CONSIDERATIONS: 8:30 p.m. — 9:15 p.m. 3. Motion to Approve: Inter -Local Agreement with Brevard County for the Construction of Transit Shelter/Benches at Locations Throughout the City. Mr. Ratliff: referred to Attachment A and the bus shelter originally intended for Ridgewood and Washington Avenue that would be relocated to the Burger King location. Mr. Ratliff stated that Space Coast Area Transit [SCAT] was in approval. He recounted the intent for 6 Bus Shelters and 11 benches and trash cans. Mr. Ratliff affirmed that a bench was intended for Washington Avenue. Mr. Ratliff stated that City Staff did not want a shelter at Ridgewood and Washington Avenue due to minimal ridership from that point. Mr. Petsos questioned if utilities were the City's responsibility. Mr. Ratliff replied, only the utilities relocation of existing reuse lines. Ms. Walsh noted that the Agreement was for an initial period of 5 years and she asked if another Agreement was anticipated in 2014. Attorney Garctanese responded no and Mr. Ratliff informed that the only reason they would use SCAT was for providing new glass City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 14 of 16 panels; however, the City would install them. Ms. Roberts asked if Mr. Ratliff had received any results of the survey on the bus shelters. Mr. Ratliff replied that he did not; however, he would bring in the photos for Council's final review. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve the Interlocal Agreement with Brevard County for the Construction of Transit Shelter/ Benches at Locations Throughout the City. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 4. Motion to Approve: Engineering Fees for Paving Specs/ Bid Docs/ Bid Review Support Ridgewood Avenue Federal Stimulus Funds. Mr. Ratliff informed that this related to the Ridgewood Avenue paving project. He informed that Stottler, Stagg, and Associates cost was $11,500. Mr. Petsos questioned what the costs for that road would be under the Federal Stimulus Guidelines. He stated that the City was facing a 37 -item Federal guideline requirement. Mr. Boucher informed that all of the City's upfront design fees were not recoverable. Mr. Pekar introduced composites of (5) different schedules which include: Florida Department of Transportation review; Design, Reviews with the Bid Documents, a Workshop for the Residents showing Final Design; the Bid Process; and Construction beginning sometime in January 2010. Mr. Boucher explained that the Council could not supplant the money and he explained that the $161,000, the $181,000, plus the $25,000 combined would cover the paving costs and any adjustments that would be made on driveway access, striping, or any similar items. Mr. Petsos expressed his concern about the estimate from the County of $340,000. Mr. Pekar stated: 1) looking at the 37 requirements if the paving cost is under $250,000, the City might not need to use Super -pave as a product, and 2) milling and resurfacing would cost approximately $18,000. Ms. Walsh asked if all the funding was specifically for paving. Mr. Pekar replied that they were submitting for $181,000 of the Federal funding to add to the $161,000 from Brevard County. Ms. Roberts said that she understood the question to be what could be performed with the County funding. Mr. Boucher replied that in the Interlocal Agreement it was for resurfacing; however, they might also use it for sidewalks, driveway cuts, and curbing. A motion was made by Mayor Randels and seconded Mayor Pro Tem Hoog to Extend the Meeting for 15 Minutes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Mr. Garboski conveyed that severe cracking problems occurred after other street paving City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 15 of 16 projects, for example, Rosalind Avenue and Surf Drive. He requested a quality product. Mr. Ratliff informed that the other roads did not have base. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve the Engineering Fees to Stottler, Stagg and Associates in the Amount of $11,500 for Paving Specs/ Bid Docs/ Bid Review Support Ridgewood Avenue Federal Stimulus Funds. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 5. Motion to Approve: Resolution No. 2009-18, Approving the Local Agency Program Agreement with the State of Florida Department of Transportation. Attorney Garganese read Resolution No. 2009-18 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO ADOPT THE LOCAL AGENCY PROGRAM AGREEMENT AS PROPOSED BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO RECEIVE FEDERAL STIMULUS FUNDS FOR THE PAVING OF RIDGEWOOD AVENUE (PROJECT FPN 426303-1-801). Ms. Walsh noted a correction to Exhibit A, Page 1 which read 1,354 miles; Jeff Ratliff replied it whiGh should be corrected to read 6,200 feet. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Resolution No. 2009-18, Approving the Local Agency Program Agreement with the State of Florida Department of Transportation. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Ms. Roberts recommended moving the City Council reports to the beginning of the Meeting. [There was no clear consensus.] Ms. Walsh asked if a Charter Review Committee was formed yet. Mr. Boucher reminded that only two City Council Members had submitted names for the Charter Review Committee. Mr. Boucher requested names from the other three Council Members in order to get this on the July 7th City Council Meeting. REPORTS: 9:15 p.m. — 10:00 p.m. CITY COUNCIL Due to the lateness of the hour, Council reports were not given. ADJOURNMENT: City of Cape Canaveral, Florida City Council Regular Meeting June 16, 2009 Page 16 of -16 There being no further business, the Meeting adjourned at 10:15 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK SEAL of Cape Canaveral, Florida Economic Development Use of Public Funds Brownfields Presented by: Anthony A. Garganese, City Attorney Empowering Municipalities to Promote Economic Development (§ 166.021(9)(a-d) Fla Stat) The Florida Legislature has determined that the state faces increasing competition from other states and countries for the location and retention of private enterprises. The Legislature further recognizes that there is a need to enhance and expand economic activity of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion. • The Legislature has declared it necessary and in the public interest to facilitate the growth and creation of business enterprises in municipalities. Economic Development Goals !,§ 166.21 021(9), Fla 5 -, Promotes a stronger, more stable economy- Enhances purchasing power. Creates employment opportunities to residents. Improves welfare and the competitive position of Florida. Enumerated Powers (§ 166 .021(9) Fla, Stat, Expending public funds to attract and retain business enterprises serves a public purpose. Appropriate expenditures include, but are not limited to: • Developing or improving local infrastructure • Issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants • Leasing or conveying real property • Making grants to private enterprises for expansion of businesses existing in the community or attracting new businesses. Additional Home Rule Powers (& 166. 021, Fla, Stat Enumerated economic development powers are not a limitation on municipal home rule powers granted by the Florida constitution Municipalities have broad home rule power Home Rule = except when expressly prohibited by law, exercise governmental, corporate and proprietary powers to: • Conduct municipal government • Perforin municipal functions • Render municipal services Promoting Economic Development By Establishing A Brownfield Redevelopment Program What are Brownfields? t§ 376 79, Fla Stat.) Brownfied site means real property, the expansion, redevelopment or reuse of which may be complicated by actual or perceived environmental contamination. Brownfield area means a contiguous area of one or more brownfield sites. some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas,enterprise zones, empowerment zones, other such designated economically deprive communities and areas, and Environmental Protection Agency -designated brovmfield pilot projects. THE EPA'S BROWNFIELD MISSION STATEMENT Protecting the Environment: Addressing brownfields to ensure the health and well- being of America's people and environment. Promoting Partnerships: Enchancing collaboration and communication essential to facilitate brownfields cleanup and reuse. Strengthening the Marketplace: Providing financial and technical assistance to bolster the private market. Sustaining Reuse: Redeveloping brownfields to enhance a community's long- term quality of life. Creating a Brownfield Area City Counal must adopt a Resolution including a map of. and name for, the Brownfield area Must provide public notice and conduct public hearings to provide an opportunity for public input on: Size of area Objectives of rehabilitation Job opportunities and economic development anticipated Neighborhood residents considerations Other relevant local concerns Upon adoption of Resolution, notify FDEP of designation Create or use an existing local advisory committee intended to address and monitor redevelopment in the brownfield area Public participation Receiving public comment on redevelopment future land use, local employment opportunities, community safety and environmental justice Reviewing proposed development agreements Brownfield Area Designation By Local Govemment Local government must consider that the area Warrants economic development and has a reasonable potential for such activities; Is reasonably focused, not overly large in geographic coverage; Has potential interest to private sector. and Is suitable for recreational open space, cultural, or historical preservation purposes. Brownfield Area Economic Incentives State Incentives FDEP Office of Tourism, Trade, and Economic Development and Enterprise Florida Department of Reveue Federal Incentives Local Government Incentives Brownfield Area State Economic Incentives Bonus refund for job creation Up to $2,500 per job Qualified Target Industry (QTI) (e.g. high wage jobs-clean enegry, life sciences IT. aviation aerospace. emerging technologies, etc.) Business must demonstrate fixed capital investment of at least $2 million in mixed-use business activities including multi-unit housing commerical, retail and industrial Create at least 10 new permanent Florida full time jobs with benefits Show project will diversify and strengthen economy Project must promote capital investment in area Loan Guarantee Program Up to 5 years 50% on-site rehabilitation and development 75% for affordable housing Brownfield Area State Economic Incentives Sale/Use tax exemption on building materials Housing or mixed use projects Clean-up liability protection Brownfield Site Remediation Agreement wth FDEP Voluntary clean-up tax credits • Florida corporate income tax $2 million annual cap • Eligible work. such as site rehabilitation, solid waste removal, transport and disposal Brownfield Area Federal Economic Incentives • Properties must meet specific land use and contamination requirements • Allows environmental clean-up costs to be fully deductible on year incurred, rather than capitalized and spread over a period of years • Contamination must be present or potentially present on property including hazardous substances and petroleum • Previously filed tax returns can be amended to include deductions for past clean-up expenditures Brownfield Area Local Government Incentives Local governments are encouraged to utilize the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and environmental hazards and to promote the creation of jobs and economic development in these areas. Incentives include financial, regulatory and technical assistance Brownfield Area Local Government Incentives Financial incentives include: Waiver or reduction of business taxes • Electric and gas tax exemption • Economic development tax abatement (if authorized by referndum) Grants • Low -interest revolving loans and zerc-interest loan pools • Local grant programs for facade, storefront signage and other business improvements • Government coordinabon of loan programs with lenders • Payment schedules over time for payment of fees • Waiver or reduction of local business tax • Residential electricity exemption of up to 500 kilowatts of use from municipal public service tax • Pledging revenues to secure bonds Brownfield Area Local Government Incentives Regulatory incentives include: • Cities' absorption of developers' concurency needs • Water and sewer regulatory incentives • Waiver of transportation impact fees and permit fees • Zoning incentives to reduce review requirements for redevelopment • Flexibility in parking standards and buffer zone standards • Environmental management • Traffic -calming measures • One-stop permitting and streamlined development and permitting process • Maintenance standards and activities by ordinance, increased security and crime prevention measures available through special assessment Brownfield Area Local Government Incentives Technical assistance incentives include: • Expedited development application' • Site design assistance • Marketing and promotion of projects or areas • Business incentives and financial programs Conclusion • Brownfields are abandoned, idled, or underused industrial or commercial properties where expansion, reuse or redevelopment may be complicated by real or perceived environmental conditions. • Any city can create a Brownfield Redevelopment Program in their community. • While elimination of environmental contamination is a fundamental goal of a brownfield program, enhancing and using incentives for economic redevelopment is the ultimate goal. • Economic development tool.