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Home My WebLink AboutMinutes 07-21-2015CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 21, 2015 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. Council Members Present: Council Member John Bond Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Angela Apperson Administrative/Financial Services Director John DeLeo Economic Development Director Todd Morley Community Development Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Joyce Muse Public Works Services Deputy Director Jeff Ratliff Infrastructure Maintenance Superintendent Lonnie Dunn Brevard County Sheriff Lieutenant Andrew Walters Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: Mickie Kellum spoke of the work to form a non-profit group to support the preservation of history and possible creation of a park called Ais Village Trail. She read a letter from Alan Brech, Chairman of the Brevard County Historical Commission, which provided an update regarding the archaeological survey occurring on the land owned by B & B Enterprises. Ms. Kellum indicated volunteers are needed to continue the survey and interested individuals may contact her or visit the Ais Village Trail Facebook Page. John Benton expressed displeasure with actions of City Code Enforcement Officer Duree Alexander, City Manager David Greene, Assistant City Attorney Kim Kopp and the Code Enfocement Board. City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 2 of 4 CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for City Council Joint Workshop with the Business & Economic Development Board and Regular City Council Meeting of June 16, 2015: 2. Resolution 2015-07; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: 3. Resolution No. 2015-08; officially naming a previously unnamed private access "Oak Manor Drive", located within the City of Cape Canaveral and more particularly depicted on Exhibit "A" attached hereto; requesting the Board of County Commissioners of Brevard County, Florida, to place the named private access on its official maps of record; providing for recordation; repeal of prior inconsistent resolutions; severability and an effective date: 4. Award the bid for the East and West Central Boulevards Gap Sidewalk Project to Wm. Turnbaugh Construction, Inc. in the amount of $97,618.75 and authorize the City Manager to execute the Construction Agreement for same: 5. Award Contract for construction of Banana River Park Phase 1 Project improvements to Archangel Engineering & Construction, Inc., in the amount of $330,630 and authorize the City Manager to execute the Construction Agreement for same: 6. Approve Design Proposal in the amount of $80,000 to GLE Associates, Inc. (GLE) for Architectural and Engineering Services related to the Infrastructure Maintenance (IM) Building and authorize the City Manager to execute same: A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, to approve Consent Agenda items one through six. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARINGS: 7. Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of Ordinances relating to Recreational Fires; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels noted the first reading occurred on June 16, 2015 and the legal advertisement was published on June 19, 2015. He also indicated the City Manager, the Fire Department, Leisure Services and the Community Development Department recommend approval of the Ordinance. The Public Hearing City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 3 of 4 was opened. Rebecca Rowe asked for clarification of Ordinance purpose, to which Mayor Randels replied. The Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 06-2015. Council Member Walsh expressed appreciation for the clarity of the new Ordinance and indicated problems with disposing of burnt material would be addressed, should they develop. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 07-2015; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record, noted Planning and Zoning Board approval by a five to one vote and provided a brief explanation of the Ordinance. Mayor Randels explained the Ordinance catalyst was the 2009 Visioning Session; in 2012 the Economic Opportunity Overlay District (EOOD) was adopted for a portion of the City along Al A and this Ordinance extends the District further south. The Public Hearing was opened. Denis Cogswell expressed concern over expansion to the Northwest, which places part of the Puerto Del Rio Condominium Community in the District and leaves another portion out of the District. Community Development Director David Dickey explained a mapping error and indicated the boundary will shift to the east to exclude the Puerto Del Rio Condominium Community. City Manager David Greene indicated the Property slated for the Assisted Living Facility will remain in the District to allow the developer more flexibility. Further clarification of the revised District boundary was provided by Community Development Director David Dickey and City Manager David Greene. The Public Hearing was closed. Discussion ensued and included: a second reading/public hearing will occur before final adoption; the amendment to clarify "stair step" within Section 110-585; water front dining in Cl and C2 Zoning Districts and the need to amend this Section to provide clarity for accessary uses; and the clarification of terms. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve Ordinance No. 07- 2015, on first reading with the suggested revisions. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. ITEMS FOR ACTION: 9. Authorize removal of a Specimen Tree at 309 Madison Avenue: Mack Moser with Trade Winds Builders answered questions related to the tree removal. Comments/questions included: an explanation that the City Code encourages saving specimen trees and only Council can authorize removal of them; items provided by Trade Winds Builders; the recommendation for approval at a one to one ratio; having additional trees on the property; that the tree has damaged the eaves of the existing structure; support for redevelopment; whether any structure could be built on the parcel if the tree was not removed; that building one unit on the parcel would necessitate removal of more than one-third of the tree canopy, which would most likely kill the tree; that if no City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 4 of 4 redevelopment was taking place, the property owner would have the right to request removal as a hazardous tree and no mitigation would be required; and that the Ordinance requires up to a maximum of two to one ratio for mitigation; however, the Council can require mitigation dollars be paid to the tree bank and in addition to the normal lanscaping package, require one tree, which would grow to become a specimen tree, on each of the four properties. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve removal of a specimen tree with the two conditions as read (mitigation dollars to be paid to the tree bank and installation of four oak trees on the property). The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: Council Member Bond commended Canaveral Fire Rescue & Brevard County Sheriff's Office Personnel for their work at 230 Harbor Drive. Council Member Walsh noted the removal of a dead Sea turtle from the beach; explained why she was not in attendance at the June 16th Council Meeting and indicated that she would not be able to attend the September 22nd Council Meeting due to a trip previously planned prior to the change in meeting schedule. Council Member Petsos requested City Manager Greene introduce the new Staff Member. City Manager Greene introduced Joyce Muse as the Public Works Services Director and provided information about her education and former work life. Mayor Pro Tem Hoog noted the City of Cocoa Beach has re-coated and sand finished their streets. He asked Staff to investigate if this process has merit. City Manager Greene indicated Staff will look at the most recent studies to see if this is the most cost effective method to prolong the life of a roadway. Mayor Randels thanked those in attendance and noted the Capital Improvement Plan which is a part of the prdpoled Budget for Fiscal Year 2015/16. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:13 P.M. Angela M. Apperson, MMC, Rocky Randels, Mayor City Clerk SEAL of Cape Canaveral, Florida