Loading...
HomeMy WebLinkAboutMinutes 01-16-2018CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY January 16, 2018 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Raymond led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Attorney Anthony Garganese City Clerk Mia Goforth Community Engagement/Deputy Public Works Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Economic Development Director Todd Morley Human Resources/Risk Management Director Jane Ross Culture and Leisure Services Director Gustavo Vergara Public Works Services Director Ralph Lotspeich Building Official Michael German Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Commander Linda Moros Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham PUBLIC PARTICIPATION: City residents Peggy Green, James P. Murphy, Dennis Buhtz and Shannon Roberts each expressed concerns regarding potential new hotel projects along State Road A1A, their impacts to the community and Indian River Lagoon. Resident Jeanne Miller declined to speak after Mayor Hoog called her name. Robert D. Carney, resident,urged enforcement of No Parking signage on Chandler Street. James Rao, property owner of 313, 315 and 317 Jefferson Avenue,distributed material to Council Members regarding his property, voiced concerns over the desire to subdivide the property into townhomes and provided background information on improvements he made to the property built City of Cape Canaveral, Florida City Council Regular Meeting January 16, 2018 Page 2 of 5 in 1986. City Attorney Garganese advised Council on the property history, a multi-family apartment complex that was never subdivided into individually owned units and does not comply with the City's subdivision regulations. He stated City Manager Greene has directed Staff to prepare an ordinance that may afford some relief to individuals in similar circumstances; the legislation will be submitted to the Planning and Zoning Board and then City Council for consideration. CONSENT AGENDA: Council Member Morrison removed Item 3 from the Consent Agenda. Mayor Hoog asked for a motion to approve Items 1 and 2. City Attorney Garganese advised all items under Consent, unless removed, are voted on once as a group. A motion was made by Council Member Raymond to approve Items 1 and 2 on the Consent Agenda. Council Member Randels removed Item 1 from the Consent Agenda. 1. Approve Minutes for December 19, 2017 City Council Regular Meeting. 2. Approve Replacement Interlocal Agreement for the Save Our Indian River Lagoon Local Infrastructure Surtax. 3. Reaffirm policy contained in City Code Sec. 110-627 requiring construction of a minimum 150 hotel units at the same time. A motion was made by Council Member Randels, seconded by Council Member Morrison, to approve Item 2. The motion carried 5-0. 3. Council Member Morrison requested Item 3 be tabled for the next meeting and shared concerns regarding the measure. Discussion ensued and included the history of the Code from 1985 to the present,the consequences of voting for or against the item and the grassroots effort to stop hotels being built in the City. City Attorney Garganese advised Council could review the Code, discussed the reasoning for the 150-unit minimum, stated the Planning and Zoning Board advised they were not interested in revisiting the Item, explained if Council reaffirms the Policy or takes no action,Code Section 110-627 remains the same and advised the Item could be revisited. Discussion ensued and included small businesses, City Visioning, hotel taxes and revenue, property rights, costs to stop property owners, City Council's responsibility to uphold the City Code of Ordinances, number of hotels needed in the City, market forces and how consumer preferences change over time. City residents Lee Coates, Watseka Farney and James Murphy voiced their concerns regarding allowing more hotels in the City, the traffic generated by more hotels and cruise ships,the danger to pedestrians on State Road Al A,property rights, small hotels versus large hotels and negative impacts to the neighborhoods around the proposed projects. No action was taken on the Item. 1. Council Member Randels stated the minutes were prepared correctly and inquired about the written status report on the incident at Canaveral City Park. Community Engagement/Deputy Public Works Services Director Surprenant reported Culture and Leisure Services Director Vergara prepared the report for City Manager Greene to review. A motion was made by Council City of Cape Canaveral, Florida City Council Regular Meeting January 16, 2018 Page 3 of 5 Member Randels, seconded by Council Member Raymond, for approval of Consent Item 1. The motion carried 5-0. PUBLIC HEARING: 4. Ordinance No. 16-2017; amending Section 82-56 of the City Code to delegate to the Code Enforcement Board the responsibilities to serve as the Board of Adjustment and Appeals for the enforcement of the Standard Unsafe Building Abatement Code; 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 explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels,seconded by Council Member Raymond, for adoption of Ordinance No. 16-2017 on second reading. The motion carried 5-0. 5. Ordinance No. 01-2018; amending Section 110-296 of the Land Development Code to increase the maximum height for public or recreational buildings and structures located on properties with a Future Land Use designation of Public/Recreation to 35 Feet; 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 explained the item. Discussion ensued and included community excitement regarding the Multi- Generational Center; the City Hall project; how no multi-generational facility is mentioned in the Visioning; giving residents in the R2 district the same opportunities for height increases; the need for gathering places; Cape Canaveral being the only City that does not have a multi-generational type facility for kids; the Vision Statement has changed twice since the original version and is a living document with input from Council and Community; the City Council Retreat; public perception on projects and the amount of money spent on them; lack of attention to blight; the plastic on the beach;hurricanes; City Hall being close to the road,within the bounds of the setback and helps slows traffic; the success of the Police Athletic League in the City; the need to further engage and the current Recreation Center's need for more space. City Attorney Garganese advised this action is not spot zoning but rather a limited change to zoning bulk regulation and is a limited attempt to address the height of the proposed Multi-Generational Center, the City is in the process of recommending a design professional for the Multi-Generational Center, time is of the essence for the Project and advised Council could move this Ordinance on for second and final reading and direct Staff to work with the Planning and Zoning Board to consider increasing the height in the entire R2 District. Discussion ensued and included R2 District zoning scenarios and bringing the issue back regarding the residential option. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond,to accept Ordinance No.01-2018 as written,on first reading. City Attorney Garganese explained spot zoning and how the Ordinance addresses the mechanics of construction in a zoning district. The Public Hearing was opened. Jane Samborski, 8515 N.Atlantic Avenue,inquired about parking for the proposed Multi-Generational Center.City Attorney Garganese stated that parking is not in this Agenda Item and will be addressed during the design process. Discussion ensued and included how the public has been invited to Community Brainstorm events for input on the proposed Project and going forward there will be many more public meetings. Shirley Kopinski, 200 International Drive,was called to speak but did not appear. City of Cape Canaveral, Florida City Council Regular Meeting January 16, 2018 Page 4 of 5 Lynne Anderson, 417 Seaport Boulevard, shared her reasons for choosing to live in the City and concerns regarding the issue. Shannon Roberts, 703 Solana Shores Drive, urged Council to conduct additional Community Visioning and voiced concerns about the possibility of over- development on small pieces of land. Lee Vicidomini, 421 Lincoln, suggested use of the City notification system to alert citizens of upcoming events like Community Brainstorms. Steph White, 8678 Villanova Drive, stated the Multi-Generational Center is for the people not the government,is needed by children and senior citizens and voiced support of the height increase so the City as a whole can benefit from the facility. Discussion ensued and included Cape View Elementary School benefitting from the Project, support for the Multi-Generational Center and the need for the residents in the R2 District to raise building heights. The Public Hearing was closed. The motion carried 4-1 with Council Member Morrison voting against. ITEMS FOR ACTION: 6. Removal of one (1) Specimen Live Oak Tree at 312 Madison Avenue (Staff recommendation is for Denial): Discussion ensued and included Council Member visits to the property, the impact of the tree on the property, the good health of the tree, the liability due to roots under the foundation of the home and the right of the property owner to remove the tree. City Attorney Garganese explained the Item and Staffs recommendation to deny removal. Discussion continued regarding what a specimen tree is, permitted standards of review, reasons why Council may approve removal of the tree including a clear and obvious safety hazard to the building and email sent by the Applicant to City Council Members. Gary Wienand, Applicant, explained his efforts to try to preserve the tree, how his insurance company made note of the Oak Tree,how the tree is a dangerous liability especially during hurricane season, his arborist advised him of the hazards of trimming the tree away from his property which may cause the tree to tip and uproot his garage and offered replacement with a Royal Palm, Carrotwood or other type of foliage. Discussion ensued and included Council support of the removal of the Oak Tree due to the danger to the Applicant's home, Mr. Wienand's agreement to mitigate by replacing the Oak with one or more trees and meeting with Community Engagement/Deputy Public Works Services Director Surprenant to decide the specifics as suggested by Mayor Hoog. City Attorney Garganese recommended Council deem the tree hazardous under the City's Code of Ordinances as a legal basis to remove the tree. A motion was made by Council Member Randels, and seconded by Mayor Pro Tem Brown, for approval of the request for removal of the Tree and follow through with the replacement. The motion, as amended,carried 5-0. REPORTS: Council Member Morrison reported his attendance at the Space Coast League of Cities Meeting with Mayor Pro Tem Brown,his acceptance to serve on the Advocacy Committee and encouraged the community to help clean up the plastic on the beach. Council Member Raymond wished everyone a Happy New Year and shared the positive outcome regarding a request she received last month for assistance in transporting water to Vero Beach to be shipped to Puerto Rico. City of Cape Canaveral, Florida City Council Regular Meeting January 16, 2018 Page 5 of 5 Mayor Hoog thanked Canaveral Fire Rescue and the Brevard County Sheriff's Office for a fine job and apologized for missing the Space Coast League of Cities Meeting. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:16 PM. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor Seal of Cape Canaveral, Florida