CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
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 Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Council Member Shannon
Roberts
Others Present:
City Manager
City Clerk
Stormwater Administrator Jeff
Ratliff
PRESENTATION:
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
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
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:
1. City Council Regular Meeting Minutes of
2. Outdoor Entertainment Permit for
the Walk for Bibles, Sponsored by Brevard Baptist Association.
3. Outdoor Entertainment Permit for
Fairvilla MegaStore Ladies Night 2007.
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.
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 for 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 A1A 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
A motion
was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Accept Consent
Agenda Items No. 1 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, For.
ORDINANCES:
First
4. Motion
to Approve: Ordinance No. 01-2007, at First
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.”
Mayor Randels stated for
the record that the Ordinance was properly advertised on
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 110-485 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 “Liquified 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 VII, Districts, Section 110,354,
Special Exceptions Permissible by Board of Adjustment, Paragraph (6) was
removed relating to liquified petroleum products and the remaining paragraph
would be renumbered. Under Article IX, Supplementary
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 Density Commercial District, and Division 6, 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
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
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 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
regulate the size of the tank than the amount of the product. Mayor Randels asked if the language should
read “1,000 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 Tem 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 Tem 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 Planting for the beaches meeting at
A motion
was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No.
01-2007 as Amended at First
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
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
LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, 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
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 Tem 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.
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
DISCUSSION:
6. 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
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
Mayor Randels used for example the shopping district
on
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
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 Tem 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
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 WalGreen’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
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 A1A. 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
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. Osborne 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 $115,000 for the south portion of the
A
motion was made by Mr. Nicholas and seconded by Mayor Pro Tem 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 Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
REPORTS:
1. City
Manager
·
Mr.
Boucher announced a Workshop meeting
with the Canaveral Precinct Staff for Thursday, February 8th at 5:30
P.M.
·
Mr.
Boucher announced a Joint Meeting with
the Planning and Zoning Board meeting on Short Term Rentals for Thursday,
February 15th at 5:30 P.M.
·
Mr.
Boucher reported that he would attend a
meeting with the
·
Mr.
Boucher announced that Mayor Randels could provide input on the left turn lane
project as a result of his participation
on the
Mr. Boucher announced a Joint Meeting
with the Council and the Planning and Zoning Board on the Sign Code for Monday,
February 26th at 5:30 P.M.
2.
Staff
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
City
Clerk
·
No
report.
City
Attorney
·
No
report.
AUDIENCE TO BE HEARD:
Mr. Ray Osborne announced that at
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
·
Ms. Roberts related how many other municipalities have conducted their Visioning Session. Mr. Boucher informed that Ms. Marilyn Crotty,
from the
Mr. Nicholas
·
Mr. Nicholas reported on vandalism
to the Manatee at the
·
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
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 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
Mr. Boucher affirmed. Ms. Roberts asked
if
·
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 II proposed project.
·
Mr. Petsos reported that students
from
·
Mr. Petsos announced a Sea Oat
planting project on February 17th at
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
·
Mayor Randels asked if there were a location for the
·
Mayor Randels reported that the State
agreed to pay for the road projects in the
·
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 50th 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 10th at the Port.
·
Mayor Randels reported that the City had been working with the Florida Department of Transportation on the
·
Mayor Randels reported that there were still vacancies on the
·
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.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:00 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK