HomeMy WebLinkAboutMinutes 08-15-2017CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
August 15, 2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:59 PM and 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:
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriffs Lieutenant Michael Green
Cape Canaveral Volunteer Fire Department Assistant Chief Tracy Braley
PUBLIC PARTICIPATION: Angela Raymond, 7048 Sevilla Court, reported a malfunction of
the east-west crosswalk signal/light located at the corner of State Road Al A and Buchanan
Avenue/Center Street, not allowing pedestrians enough time to cross the street and inquired about
what can be done to fix the problem. Discussion ensued and included reporting the issue to the
Space Coast Transportation Planning Organization, how much time is needed to cross the street
before the light changes and a plan for Council to meet Ms. Raymond at the intersection to observe
the crosswalk signal/light.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 15, 2017
Page 2 of 4
Jeff Sirmans,business owner at 8501 Astronaut Boulevard,requested that City Council review the
City's Sign Code Ordinance regarding feather flag signs, stated he petitioned other businesses for
signatures experiencing the same issues with Code Enforcement and explained how he uses his
signs. Discussion ensued and included a suggestion to speak with the Community Development
Department regarding the request, Staff's response explaining how banner signs are addressed in
the Sign Code and by Code Enforcement, Sign Code revisions approved by City Council in
September 2014 adding feather flags to the list of banners allowed in the City, reference to an
email Staff and Council received concerning feather flags and opinions on both sides of the issue.
Community Development Director Dickey offered to meet with Mr. Sirmans.
PRESENTATIONS/INTERVIEWS: Presentation to the Financial Services Department of The
Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September
30, 2016: Administrative/Financial Services Director John DeLeo accepted the Certificate of
Achievement from Mayor Hoog on behalf of the entire Financial Services Department and thanked
Staff for their efforts.
Interview Applicant for appointment to the Planning and Zoning Board. (Omar Capellan): City
Attorney Garganese asked Mr. Capellan if the information on his application was true and correct
to which he responded in the affirmative. Discussion ensued and included Mr. Capellan's reason
for applying to serve on Planning and Zoning Board,his background in engineering and real estate
and confirmation of his residency in the City since 2007. Council thanked Mr.Capellan for serving
the City.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion. Mayor Pro Tern McMillin removed item number three.
1. Approve Minutes for July 18, 2017 City Council Budget Workshop and Regular City
Meetings.
2. Resolution No.2017-14;appointing and reappointing Members to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal or prior inconsistent resolutions,
severability and an effective date. (Omar Capellan and Harry Pearson)
3. Approve Atlantic Breeze Mixed-Use Concept Planned Development and associated
Development Agreement and authorize City Manager to execute same.
A motion was made by Council Member Walsh, seconded by Council Member Randels, to
approve Items 1 and 2 from the Consent Agenda. The motion carried 5-0.
#3 Discussion ensued regarding clarification of density criteria under the Development
Agreement, the Economic Opportunity Overlay District, City Attorney Garganese's confirmation
of lawfulness provided City Council approves the item, maximum residential density for mixed-
use projects, project height and flexibility of mixed use projects/processes. Bob Scales of TSC
Construction, LLC presented renderings of the Atlantic Breeze Project and answered questions. A
City of Cape Canaveral, Florida
City Council Regular Meeting
August 15, 2017
Page 3 of 4
motion was made by Mayor Pro Tem McMillin, seconded by Council Member Randels, to
approve Item number 3 from the Consent Agenda. The motion carried 5-0.
PUBLIC HEARING:
4. Ordinance No. 11-2017; prohibiting Medical Marijuana Treatment Center Dispensing
Facilities from locating within the City; adopting other conforming amendments to the City Code
to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities within
the City; 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, explained the item related to a current City Ordinance on the books and
recent State legislative action. Discussion ensued and included two options the Florida legislature
has given to municipalities regarding Medical Marijuana. 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 Brown, to adopt Ordinance No. 11-2017 at second
reading. The motion carried 5-0.
5. Ordinance No. 12-2017; amending Section 110-609 of the City of Cape Canaveral Land
Development Code; clarifying that Hotels are a permitted use in the A1A Economic Opportunity
Overlay District; 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. Mayor Hoog explained the item. 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 Randels,to adopt Ordinance No. 12-2017
at second reading. The motion carried 5-0.
ITEMS FOR ACTION:
6. Resolution No.2017-15;amending Appendix B, Schedule of Fees of the City Code related
to assessment of Zoning and Building Permit fees; providing for the repeal of prior inconsistent
resolutions, incorporation into the Code, severability and an effective date.: City Attorney
Garganese read the title into the record. Mayor Hoog explained the item. Discussion ensued and
included current low user fees, fees have not been adjusted since 1983, costs currently coming out
of the General Fund, low fee increases being made,possibility of lowering Ad Valorem as a result
and Council favorability for raising user fees rather than placing the burden on property owners
and residents. A motion was made by Council Member Walsh, seconded by Council Member
Randels, to adopt Resolution No. 2017-15. The motion carried 5-0.
REPORTS:
Community Engagement/Deputy Public Works Services Director Surprenant announced Disc
Golf on Friday, August 18, from 5-8 PM and Fido Field Day on Saturday, August 26, from 8-11
AM, at Manatee Sanctuary Park. Proceeds from Fido Field Day will go towards the Brevard
County Sheriff's Office Pet Posse.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 15, 2017
Page 4 of 4
Council Member Walsh commented that lights still need to be out at dusk and to also take caution
while walking on the beach during sea turtle season.
Council Member Brown congratulated Staff on the new playground at Manatee Sanctuary Park.
Mayor Pro Tem McMillin mentioned there may be a need in the future to push for a limit on
tourists and cruise ships.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:57 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
Seal of Cape Canaveral, Florida