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HomeMy WebLinkAboutMinutes 06-21-2016CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY June 21, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M.Council Member Brendan McMillin led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Mike Brown Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Capital Projects Director Jeff Ratliff Public Works Serv. Interim Dir./Community Engagement Dir. Joshua Surprenant Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Brevard County Sheriffs Office Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Human Resources Director Jane Ross Deputy City Clerk Daniel LeFever PUBLIC PARTICIPATION: Shannon Roberts inquired if the City testified in support of the Florida Power and Light rate hike at a Public Utilities Commission Meeting. Mayor Bob Hoog responded that he attended the meeting, spoke in favor of the hike as an electrical contractor;he was introduced as Mayor.Ms.Roberts voiced her concern and suggested sending a correction to the paper. Ms. Roberts inquired about the New City Hall's close proximity to A1A. City Manager David Greene responded the building meets the setback requirement, explained the rationale behind its placement from a planning point of view and how the City wanted to create more visibility along AlA which will help businesses. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 2 of 6 Ms.Roberts mentioned the tragic loss of life in Orlando,the vigil in Melbourne at the Eau Gallie Arts District, the City weighing in on human rights and possibly sending a member from Business and Economic Development Board as a representative to have the City's presence felt at some of the LGBT events.City Manager Greene spoke on how the City modified the Vision Statement to include the word "inclusive", how the message" We Stand With Orlando"was placed on the City sign telling the world where the City stands and a rainbow was placed on the City's social media sites,making a quiet, solemn statement as a community. CONSENT AGENDA: Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion; Council Member Mike Brown removed item number two. 1. Approve Minutes for Regular City Council Meeting of May 17, 2016. 2. Resolution No. 2016-08; declaring the private road, Cherie Down Lane, abandoned by the owners of record and a public nuisance due to abandonment and lack of regular maintenance and repair; declaring the City's intent to regularly maintain and repair Cherie Down Lane subsequent to the effective date of this Resolution pursuant to Section 95.361, Florida Statutes; providing that any person, corporation or entity claiming an interest in Cherie Down Lane may file a claim in equity or with a court of law against the City to cause a cessation of the maintenance and occupation of Cherie Down Lane authorized by this Resolution; providing that after seven (7) years from the effective date of this Resolution, all rights,title, easement and appurtenances in and to Cherie Down Lane shall be vested in the City of Cape Canaveral by operation of law;providing that after seven (7) years the City shall cause a map to be filed with the Clerk of the Brevard County Circuit Court vesting title of Cherie Down Lane in the City of Cape Canaveral;providing for the recording of this Resolution in the Official Records of Brevard County in order to provide Public Notice of the City's declaration and intent expressed in this Resolution; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 3. Resolution No. 2016-09; supporting the Initiative of the Space Coast and Treasure Coast Regional League of Cities `Indian River Lagoon Regional Compact; One Lagoon - One Community - One Voice'; providing for the repeal of prior inconsistent resolutions., severability, and an effective date. 4. Resolution No. 2016-10; authorizing a sixty (60) day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolution No. 2016-03; providing for repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve Work Squad Contract W1082 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of $57,497 and authorize the City Manager to execute the same. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 3 of 6 6. Award Contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to EXTREMERADS, LLC DBA Xstream Car Wash and Creamery (Xstream) and authorize City Manager to execute agreement for same. 7. Award the Bid for construction of the Canaveral City Park Ex-filtration Project to Villages Construction, Inc., in the amount of $1,671,030 and authorize the City Manager to execute the Construction Agreement for same. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve the Consent Agenda Items 1 and 3 through 7.The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. #2 Council Member Brown inquired why the City is taking over this road when there are other roads in the City that are in need of repair. Mayor Hoog responded that City Manager Greene would explain the reasoning behind the action. City Manager Greene provided details regarding the two homeowners associations that created the private road, were responsible for its maintenance, establishing assessments and the fact the associations no longer exist;the road being a major access point off of Ridgewood Avenue and the elementary school; Cherie Down Lane's status as part of the Community Redevelopment Area; the residents are paying property taxes yet no one is taking responsibility for the road,the City is the only party willing to step in and maintain it; the judicial system requires the City to maintain the road for seven years before taking it over and no party is available nor willing to deed or dedicate the road over to the City; and should any eligible party decide they want to own or operate the road or reactivate the homeowner associations, then the City would be made whole financially. City Manager Greene stated a complete draft plan has been prepared to upgrade all roads in the City, based upon need and lifecycle; at the moment, it does not require any property tax increase to fund the upgrades. Discussion ensued and included other roads in need of repair. A motion was made by Council Member Bond, seconded by Council Member McMillin,to approve Item No. 2. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 8. Ordinance No. 02-2016; amending Chapter 110 Zoning,changing the list of permitted uses in the R-1, R-2, R-3, C-1, C-2 and M-1 zoning districts; creating definitions for car washes, veterinary clinics, veterinary hospitals, automotive maintenance facilities and convenience stores with or without the sale of gasoline at fueling stations; amending the definition of automotive repair facilities; amending supplementary district regulations; 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. Community Development Director Dickey pointed out an error on page 10 of 22 of the Ordinance, paragraph 16 as language for a bar that should fall under special exceptions rather than permitted uses and should be removed. He stated Staff will ensure the Ordinance is corrected before second reading. Discussion ensued and included: how items listed as special exceptions demand additional public City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 4 of 6 input and scrutiny; further changes to be made regarding recycling and reuse of car wash water and visibility issues with enclosed structures versus fencing; water savings and reduction of pollutants using a car wash recycle system and addressing the issue through agreements with businesses or in the City Code. City Manager Greene described how a target for businesses to hit, with regard to a recycled water system,could be placed in the Code and how Staff understands the City Council concerns regarding environmental issues; Staff will come back to Council with the language in the Ordinance explained in the Agenda coversheet with a recommendation.The Public Hearing was opened. Shannon Roberts voiced her support of Council Member McMillin's idea regarding carwash water recycling and reuse systems;she inquired as to whether there is specificity regarding distances between businesses categorized as special exceptions. City Manager Greene responded that for car washes, there is no stipulation and the bulk of the special exception businesses are only in the M-1 district; he confirmed her question that this would come up as part of the vetting process. The Public Hearing was closed. City Manager Greene suggested the consensus of the City Council could be to proceed with implementing the discussed changes as part of the Ordinance; the City Council agreed. A motion was made by Council Member McMillin, seconded by Council Member Brown, to pass Ordinance No. 02-2016 on first reading. The motion carried 5-0 with voting as follows: Council Member Bond,For;Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine an appropriate response to the provisions detailed in Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene.: Discussion ensued and included: capital projects in the City funded by grants, the amazing things the City has done with City Manager Greene's guidance and the Staff he has hired, the City's property taxes remain among the lowest in Brevard County with no long-term debt, how the City Council evaluates the City Manager's performance every year and how City Manager Greene is a very strong performer; rankings, compensation and how the City budgets three percent raises for all Staff; bonus versus raise and City Manager compensation throughout Brevard County. A motion was made by Council Member Bond, seconded by Council Member McMillin, to adjust the City Manager salary by three percent per annum. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. 10. City Council designate one (1) City Official to be the Voting Delegate at the 90th Annual Florida League of Cities Conference scheduled for August 18-20, 2016 — Diplomat Resort, Hollywood,Florida and decide if it wishes to propose resolution(s) for the League's consideration.: Discussion ensued and included: which member of Council should be the Voting Delegate and how the choice was made in the past, items the Delegate will be voting on and how the City and Council benefit from information received at the Conference. Council reached consensus to designate Council Member Brown. A motion was made by Council Member McMillin, seconded by Council Member Bond, for Council Member Brown to be the voting delegate. The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 5 of 6 REPORTS: City Attorney Garganese—commented he and his family are now part-time residents of the City as of the end of May and very happy. City Manager Greene—thanked the City Council for the salary increase. Mayor Pro Tem Walsh—mentioned the many comments on social media regarding the roadwork on the south section of A1A; residents assume the City is putting up these cones when in fact it is a Florida City Gas project. Discussion ensued regarding the project. Council Member Bond—spoke about his membership on the Space Coast League of Cities Science Committee and efforts being made toward helping with the lagoon clean-up. He suggested getting a trapper in the City to relocate a coyote. Discussion ensued and included: research on environmental effects of trapping coyotes and relocation issues, educating the public not to attract them or other animals and ways to scare off coyotes. City Manager Greene stated Florida Fish and Wildlife will provide handouts and Staff will get the community engaged on this issue. Council Member Brown—announced there will be four televised forums around Brevard County for candidates running in November; he will get more information on the dates/locations. He mentioned the only office in Brevard County not being represented at the forums will be the Clerk of Court. Council Member McMillin—spoke on his experience at the Indian River Lagoon Natural Estuary Program Summit and progress made; there will be another Summit in six months rather than two years, with the possibility of pooling resources with all fifty-five communities on the Lagoon; he expressed his thoughts for all of the people in Orlando. Mayor Hoog — spoke about meeting at Patrick Air Force Base with Brigadier General Wayne Monteith who would like to be more involved with the communities; he attended the Palm Bay Area Chamber of Commerce Mayors Breakfast and discussed City issues including what can be done to help each other, the big topic being the Indian River Lagoon; attended Community Outreach event at Port Canaveral hosted by Florida Inland Navigation District; visited the HMS Mersey from England at Port Canaveral for a tour with other elected officials; he stated that he went to the Public Utilities Commission on his own, as Robert Hoog, citizen and electrical contractor, and explained his support for Florida Power and Light. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:15 P.M. (Signature page follows) City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 6 of 6 Mia Goforth, City CIerk Bob Hoog, Mayor SEAL of Cape Canaveral, Florida