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HomeMy WebLinkAboutMinutes 06-20-2017CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral, Florida TUESDAY June 20, 2017 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:56 P.M. Council Member Randels led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Mayor Pro Tem Brendan McMillin Council Member Rocky Randels Council Member Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Human Resources/Risk Management Director Jane Ross Community Development Director David Dickey Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Community Engagement/Deputy Public Works Services Director Joshua Surprenant Brevard County Sheriffs Office Lieutenant Michael Green Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: None. PRESENTATIONS/INTERVIEWS: Interview Applicants for appointment to the Business and Economic Development Board. (Jared Saft and Don Willis): City Attorney Garganese asked Mr. Saft if the information on his application was true and correct to which he responded in the affirmative. Mr. Saft provided background information including his education and profession and explained his intentions for serving on the Board. Council Members addressed Ms. Saft and thanked him for volunteering with the City. City Attorney Garganese asked Mr. Willis if the information on his application was true and correct to which he responded in the affirmative. Mr. Willis provided background information including his education and profession and explained his intentions for City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2017 Page 2 of 5 serving on the Board. Council Members addressed Ms.Willis and thanked him for volunteering with the City. CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent Agenda for discussion.No items were removed. 1. Approve Minutes for May 16, 2017 Regular City Council Meeting. 2. Resolution No.2017-07; appointing Members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Jared Saft and Don Willis) 3. City Council accept Library Board annual report for FY 15/16 as prepared by Library Staff. A motion was made by Council Member Walsh, seconded by Council Member Randels, to approve Item Nos. 1,2 and 3 of the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 4. Ordinance No. 05-2017; amending the City of Cape Canaveral Comprehensive Plan Future Land Use Element by establishing a policy to authorize the City Council to issue Vested Rights Certificates vesting residential densities for certain existing condominium, townhouse, or other multi-family development projects that exceed the current maximum residential densities established in the Comprehensive Plan in accordance with the terms and conditions of Land Development Regulations to be subsequently adopted by the City Council consistent with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments, second reading.: City Attorney Garganese read the title into the record and reviewed the item. Discussion ensued and included no objections or changes were received from the State of Florida Department of Economic Opportunity regarding this action, the action becomes effective thirty-one days after adoption of the Ordinance and existing condominium, townhouse, or other multi-family development projects that do not meet the density threshold and therefore are not on the list of properties attached to the Agenda Item. The Public Hearing was opened.Hope Turner, Realtor, requested direction on a real estate transaction related to vesting rights. City Manager Greene advised it best to seek a legal opinion and suggested patience with the City as it works toward the solution,stated all properties will be brought forward at the same time and further explained the process going forward regarding issuance of Vested Rights Certificates; he suggested Ms. Turner speak with Community Development Director Dickey in regard to sending a letter to the lending institution. The Public Hearing was closed.A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin, to adopt Ordinance No. 05-2017 at second reading. The motion carried 5-0. 5. Ordinance No. 06-2017; adopted to implement City Comprehensive Plan Future Land Use Policy LU-1.3.4; providing for an amendment to Chapter 115 of the City Code to establish a City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2017 Page 3 of 5 procedure and terms and conditions under which the City Council will determine whether to grant and issue a Vested Rights Certificate vesting the residential densities of a completed residential condominium, townhouse or other multi-family/apartment development projects existing on January 1, 2016; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, second reading.: City Attorney Garganese read the title into the record and reviewed the item. Discussion ensued and included how this Ordinance becomes effective when Ordinance No. 05-2017 becomes effective,this brings four new sections to the City Code,will take some time to accomplish and the recommendation to notify those in apartments affected by the Ordinances. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin, to adopt Ordinance No. 06-2017 at second reading. The motion carried 5-0. 6. Ordinance No. 07-2017; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $6,200,000 Capital Improvement Revenue Note, Series 2017, of the City to finance the cost of a Multigenerational Center, Cultural Arts Preservation Enrichment (CAPE) Center and related Capital Improvements; providing for the Series 2017 Note to be secured by the City's Public Service Tax,Half-Cent Sales Tax, Guaranteed Entitlement and certain Franchise Fees; authorizing the City's Financing Team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in conflict herewith; severability and an effective date, first reading.: City Attorney Garganese read the title into the record and reviewed the item. Discussion ensued and included the excellent rate on the Loan and the need to do this now before rates go up, full Council support of the proposed five Capital Improvement Projects at the Council Retreat Meeting in March,changes made by the State Legislature since that time, how the City will be able to pay for the Projects, the payments on the Proposed Note, Series 2017 and whether there is a figure yet on the amount that will be owed with relation to City Stormwater and Wastewater management.City Manager Greene reminded Council that Wastewater and Stormwater are enterprise funds and are non-tax related,the Council chose to increase the Stormwater rate by one dollar per year for x-number of years to a maximum of ten; the City has additional needs with regard to Wastewater because of historic conditions of the Wastewater Treatment Plant infrastructure, further explaining a future plan Staff will bring to the City Council on that. Discussion ensued and included catching infrastructure up to where it should have been years ago, concerns over unfunded mandates from the federal government, whether municipal financing going forward will lose tax exempt status, the State of Florida's unprecedented assault on cities and counties is not over, guaranteed entitlements like the half cent sales tax,the Multigenerational and Cultural Arts Preservation Enrichment Centers are both CRA (Community Redevelopment Agency) eligible as another funding option and listed under the City's Capital Improvement Program under General Government Funds and CRA funds, service levels versus employee levels, the City will still have the third lowest taxes in Brevard County even if Council goes forward with a tax increase, the City Manager's promise to work the next several years without a salary increase, tax rollbacks in the past, missed opportunities in the past to receive funding from the County, sending letters to all of the multi-family properties in the City to maintain and redevelop the properties within the CRA area and how the Ordinances just City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2017 Page 4 of 5 approved allow that opportunity, more projects to be discussed at the next Retreat, investing back into the community and how Council is following the Visioning Plan from ten years ago. The Public Hearing was opened.Bill Fish, 201 International Drive, spoke of his concerns about various City projects, funding and the economy. The Public Hearing was closed. A motion was made by Council Member Brown, seconded by Mayor Pro Tem McMillin, to adopt Ordinance No. 07-2017 as written. The motion carried 4-1 with Council Member Randels voting against. 7. Ordinance No. 08-2017; amending Chapter 98 of the Cape Canaveral Land Development Code relating to submittal, review procedures and criteria for Preliminary Plats, Final Plats and Lot Splits; creating a procedure for Lot Line Adjustments; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading.: City Attorney Garganese read the title into the record and reviewed the item including how the Ordinance attempts to streamline the process regarding division of land, proposes to augment procedures, establishes technical amendments, clarifies language to let the Code work properly and the reasoning behind creating and changing the processes of review and approval criteria for each of the actions in the Code. The Public Hearing was opened. Mr. Fish spoke about flooding problems in the Shorewood area when he lived there. The Public Hearing was closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin, for approval of Ordinance No. 08-2017 at first hearing. The motion carried 5-0. 8. Ordinance No. 09-2017; amending Section 110-470 of the Cape Canaveral Land Development Code to allow fences and walls six (6) feet in height or less to be located within fifteen (15) feet of the public right-of-way on a nonconforming corner lot of record; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading.: City Attorney Garganese read the title into the record and reviewed the item. Discussion ensued and included the need and appreciation for cleaning up the City Code. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh,to approve Ordinance No. 09-2017 as written. The motion carried 5-0. ITEMS FOR ACTION: Agenda Item Nos. 9. and 10.were heard in reverse order due to a clerical error in the Agenda Packet as suggested by City Attorney Garganese. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation,of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene.: Mayor Hoog explained the Item. Discussion ensued and included City Manager Greene's desire to not receive a salary increase, inflation, Consumer Price Index, Council Member recommendations for an increase in the City Manager's base pay to offset inflation,individual discussions between some City Council Members and City Manager Greene regarding a salary increase and bonus, donating his bonus to a charity or City employees and his strong leadership of the City. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, for a 2.1% increase in City Manager Greene's salary to keep up with inflation and for a $5,000 bonus to do with what he pleases.Discussion continued regarding the City Manager's commitment to remain at the City City of Cape Canaveral, Florida City Council Regular Meeting June 20, 2017 Page 5 of 5 for five more years with no salary increases, giving his bonus to the employees and Council's decision on the item. Mayor and Council thanked Mr. Greene. The floor was opened to the public for discussion. There being no comment from the public, the floor was closed. The motion carried 5-0. Mayor Hoog commented City Manager Greene received a very good evaluation. 10. City Council designate one (1) City Official to be the Voting Delegate at the 91st Annual Florida League of Cities Conference scheduled for August 17-19, 2017 —World Center Marriott, Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration: Discussion ensued and included which member of Council would be able to attend the Conference. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, for Mayor Hoog to represent the City Council as the Voting Delegate at the 915 Annual Florida League of Cities Conference. The motion carried 5-0. REPORTS: None. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:22 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor SEAL of Cape Canaveral, Florida