Loading...
HomeMy WebLinkAboutMinutes 07-19-2016CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 19, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Council Member John Bond 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. Assistant Chief John Cunningham Human Resources Director Jane Ross PUBLIC PARTICIPATION: Shannon Roberts requested City Council consider funds be allocated to the Business and Economic Development Board for Board Members to participate in various public engagement events to enable broader representation of the City. Discussion ensued regarding how the City has the Community Engagement Director who handles those items;the Advisory Board has not met for two years; and Staff who are paid to do these kinds of things in the community. City Manager David Greene suggested Staff work with the Board on whether or not it should sunset. Mayor Hoog stated the item would be taken up at a future Council Meeting. PRESENTATIONS/INTERVIEWS: Presentation to the City of Cape Canaveral in recognition of its commitment to professional management as a Council-Manager form of government for more than fifty (50) years,by St. Lucie County Administrator Howard N. Tipton, the Florida City and County Management Association (FCCMA) and the International City/County Management Association City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 2 of 5 (ICMA): St. Lucie County Administrator Howard Tipton spoke about the Council-Manager form of government, baby boomers who will be retiring and the difficulty of getting the message across to the next generation about what professional City Managers do in local governments. He thanked the Mayor and Council on behalf of FCCMA and ICMA; recognized City Manager Greene for his expertise and service; and presented a Certificate of Recognition to the City. Interview Applicant for appointment to the Library Board (Lawrence Holmes): City Attorney Garganese asked Mr. Holmes if the information on his application was true and correct to which he responded in the affirmative. Mr. Holmes explained his interest in serving on the Library Board; Council expressed appreciation for Mr.Holmes willingness to serve and discussion ensued regarding his twenty-two years military service as a Commander in the U.S. Navy. CONSENT AGENDA: Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion; Mayor Pro Tem Walsh removed Item Three. 1. Approve Minutes for Regular City Council Meeting of June 21, 2016. 2. Resolution No. 2016-11; appointing a Member to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Lawrence Holmes) 3. Resolution No. 2016-13; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member McMillin, to approve the Consent Agenda Items 1 and 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. #3 - Mayor Pro Tem Walsh referenced discussion that took place during the Budget Workshop Meeting regarding the current millage rate and the tentative proposed rate being the same as last fiscal year; how City Manager Greene informed the City Council they could bring the millage down if they were comfortable in doing so; lowering the General Government Millage down from 3.4797 mils to 3.46 mils; and how property values have increased in the City. Discussion ensued and included: saving taxes and keeping the same services throughout the City; City Council and Staff being comfortable with the millage reduction; Staff being conservative in projecting fund balances and State shared revenues; and Council support of the reduction. The floor was opened for public comments. None were received. A motion was made by Mayor Pro Tern Walsh, seconded by Council Member Bond, for adoption of Resolution No. 2016-13, bringing the tentative proposed millage rate down to 3.5235 from 3.5432. Discussion ensued and included: how the General Government segment is being reduced from 3.4797 to 3.46, keeping the Library City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 3 of 5 Dependent Special District at 0.0635, bringing the total tentative proposed millage rate to 3.5235. 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. PUBLIC HEARING: 4. 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, second reading: Attorney Garganese read the Ordinance title into the record. Discussion ensued and included: appreciation for the minor changes that were made by Staff since the first reading. The Public Hearing was opened. Shannon Roberts inquired whether there are any restrictions or changes to this Ordinance regarding permitted uses and sexually oriented businesses in the City, specifically, Fairvilla at the Coral Shoppes. City Manager Greene explained how the City expects matters to work out with regard to Fairvilla in its new location, being mindful of the settlement agreement terms and code compliance; and the fact the business is not expanding. The Public Hearing was closed. City Attorney Garganese recommended the striking out of all references to public utility equipment in the document due to the fact special regulations already apply to those utilities. Discussion ensued regarding what public utility equipment entails. A motion was made by Council Member McMillin, seconded by Mayor Pro Tem Walsh, to adopt Ordinance No. 02-2016 as read, with the recommended removal of all reference to public utility equipment, on second 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. ITEM FOR ACTION: 5. Mr. Charles Pindziak, 112 E. Central Boulevard, has requested time to address the City Council regarding a sign located at 6099 N. Atlantic Boulevard. Charles Pindziak proceeded to read a prepared statement into the record asking the City Council to approve a permit for a sign at the property located at 6099 N. Atlantic Avenue. City Attorney Garganese stated he discussed the issue with City Staff and explained the two issues. First, the property owner was cited for putting up an electronic billboard on the sign without a permit, was brought to the Code Enforcement Board in violation for constructing a sign without a permit and the Board ordered the property owner to pull the requisite permit for the electronic sign. Second, when the property owner filed for a sign permit application to come into compliance with the Code, City Staff took the position that this existing sign is a pole sign, all pole signs must come into compliance with the City Sign Code, meaning they have to be converted to a pylon or another authorized sign. City Attorney Garganese stated Staff made an interpretation this is a pole sign and it needs to be converted to a pylon sign; and Mr. Pindziak appears to take the position that it is not a pole sign, therefore, it is not subject to the amortization provision in the Code. He explained if a person has standing to City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 4 of 5 question the interpretation that Staff is making,than the applicant may file an administrative appeal that goes to the Board of Adjustment for consideration; the Board of Adjustment makes a decision; then that Board's decision can be appealed to the City Council who would have final say on an administrative interpretation of the Code. City Attorney Garganese stated that is why he recommends no action be taken by Council at this time. Mayor Hoog stated that Council would follow the recommendation of Staff and City Attorney to take no action. ADD-ON ITEM: Mayor Hoog mentioned the discussion that took place at the last City Council Meeting regarding City Manager Greene's evaluation. A motion was made by Mayor Hoog, seconded by Mayor Pro Tem Walsh,to put Mr. Greene up on the level of five percent rather than three percent, if City Council will agree and if City Manager Greene will accept that. Discussion ensued and included: the Agenda Item Council Member Bond had approved to put on the City Council Meeting Agenda tonight and his desire to see a six percent increase; the work performance of City Manager Greene and his accomplishments all without long-term debt; and how lucky the City is to have Mr. Greene.Council Member McMillin and Council Member Brown inquired if the City Manager will accept the five percent. City Manager Greene accepted the offer. 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. REPORTS: Council Member Bond apologized for not making it to the Budget Meeting due to a class he is taking. He complimented what has been done with the Budget. Council Member Brown apologized for not attending the Budget Meeting due to a schedule mix- up. He shared items discussed at the last Space Coast League of Cities Meeting regarding possible proposals to put signage on City vehicles referencing prohibited periods for fertilizing due to issues with the Indian River Lagoon and using the League's Facebook page, at no cost,for education and City events. He also thanked Staff for the City's promotional bracelets. Council Member McMillin mentioned his attendance at the Space Coast Transportation Planning Organization Meeting where the Board agreed to request the Florida Department of Transportation allocate $2.5 million for design (not construction) of improvements to north SR A1A. He noted how well the City is doing regarding stormwater compared to other cities in Brevard County, leading by example, but always room for improvement; he congratulated Staff; and expressed appreciation for people who are not fertilizing their lawns. Mayor Pro Tem Walsh thanked Staff and City Manager Greene for hard work on the Budget; thanked City Manager Greene for being here and putting the City in a great direction. She stated the City of Cape Canaveral is becoming a leader, other cities are saying it and this is a really good time to be part of the City. Mayor Hoog shared that he met with the Cocoa Beach Economic Director regarding different issues that city is having and that some of the Cocoa Beach Commissioners ask him how this City City of Cape Canaveral, Florida City Council Regular Meeting July 19, 2016 Page 5 of 5 gets things accomplished. He noted how the City's TMDL (Total Maximum Daily Load) charts are below every city in the Brevard County area on discharge factors and the fast pace of projects in this City. He responded to an earlier comment regarding how close the New City Hall is to A1A and confirmed that parking will be behind all the new buildings in the Overlay District in the City. Mayor Hoog gave special thanks to the Sheriff's Office and Canaveral Fire Rescue; and thanked Staff for a good, strong Budget. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:06 P.M Mia Goforth, City Clerk Bob Hoog, Mayor SEAL of Cape Canaveral, Florida