HomeMy WebLinkAboutMinutes 08-18-2015CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August18,2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro T em
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Community Development Director
Economic Development Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Infrastructure Maintenance Superintendent
Brevard County Sheriff Major
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
David L. Greene
Anthony Garganese
Angela Apperson
John Deleo
David Dickey
Todd Morley
Gustavo Vergara
Joyce Muse
Jeff Ratliff
Lonnie Dunn
Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Jenny Morrison , Library Director for Eau Gallie and Cape Canaveral Libraries, explained
that as of September 1, 2015 the Library Director for Cocoa Beach will also be the Director
for Cape Canaveral Library. She expressed appreciation for all the accomplishments that
have been made over the last five years and how much she has enjoyed working with the
City.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 2 of 5
Tracy Wehking, Head Librarian for Cape Canaveral Library, presented the Annual Library
Report which highlighted the great partnership between the City and the County; the
$30,000 Capital Outlay and how those assets are tracked; the inventory of over 40,000
books, 7 ,000 dvds, 600 audio books, 400 music eds; 53 magazine/newspaper subscriptions
and 3,914 additional items added in the FY; the service of 125,000 visitors which includes
950 new resident library cards, 15,000 questions answered/computer help given and 4,000
children attending programs; the programs conducted by the Library Staff and the
attendance at City events such as Founder's Day and the Tree Lighting.
Shannon Roberts indicated the contact person for Florida Gas is not responding to calls.
She expressed concern over height of Homewood Suites. City Manager David Greene
indicated the installation of the gas line is temporarily on hold until a contract is in place with
the gas company for the work they will be doing in the right-of-way. Ms. Roberts spoke of
the restructuring at Public Works Services and expressed concern over the loss of long term
employees, to which City Manager Greene replied explaining reasons for re-organization.
Ms. Roberts wanted to ensure the Council Meeting Room at the new City Hall was large
enough to accommodate the needs of the citizens. City Manager Greene explained the
work to ensure the building will meet the needs of the Community.
PRESENTATIONS/ INTERVIEWS:
Proclamation designating Thursday, September 3, 2015 as "Tracey Lynn Bagwell Day":
Mayor Randels explained the circumstances surrounding the death of Ms. Bagwell. He read
the Proclamation into the record and presented it to the Bagwell Family.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Mayor Pro Tern Hoog requested removal of Item #1 . Teresa Miles, executive
Director for Children 's Home Society, spoke on behalf of the Bagwell Family and explained
the success of the fundraiser; the work that is done with the money raised and noted this
year's event is at Cruise Terminal 10 on September 11 , 2015.
1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July
21,2015:
2. Resolution No. 2015-09; adopting the Brevard County 2015 Local Hazard
Mitigation Strategy Multi-Jurisdictional Plan ("Plan"); supporting the County's pursuit of
funding opportunities for the Plan; supporting continued participation in the Plan;
providing for repeal of prior inconsistent resolutions; severability and an effective date:
3. Award the bid for the Roadway/Parking Lot Striping Project to Whiteleaf, LLC dba
Traffic Solutions in the amount of $28, 700 and authorize the City Manager to execute the
Construction Agreement for same:
City of Cape Canaveral, Florida
City Council Regular Meeting
August18, 2015
Page 3 of 5
4. Approve the purchase of an Emergency Power Standby Generator for Lift Station
No. 6 located on Imperial Blvd. in the amount of $41 .726:
5. Resolution No. 2015-1 O; vacating a portion of Polk Avenue right-of-way depicted
and legally described in Exhibit "A", attached hereto and fully incorporated herein by this
reference. which shall result in the vacated right-of-way being retained by the City as sole
adjoining property owner, providing for repeal of prior inconsistent resolutions.
severability, and an immediate effective date:
6. Resolution No . 2015-11; reappointing Members to the Planning and Zoning Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (John Fredrickson & Ronald Friedman):
7. Award the bid for the Mowing & Maintenance for FY2015-2016 to SSS Brevard
OPCO, LLC. dba Green Leaf Landscaping & Irrigation in the amount of $182,640 and
authorize the City Manager to execute the Professional Services Agreement for same:
8. Waive the competitive bidding process for the purpose of extending the term of the
existing contract, and approve the Eighth Addendum to Professional Services Agreement
for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount
of $41 ,344 with Black's Spray Service. Inc. and authorize the City Manager to execute
same:
A motion was made by Council Member Petsos, seconded by Mayor Pro Tern Hoog,
to approve Consent Agenda Items 2 through 8. The motion carried 5-0 with voting
as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
Item #1 Mayor Pro Tern Hoog requested the minutes be amended on page three of
four to reflect he did not express concern over the proposal to lower the millage rate below
roll-back. The amendment will read: Mayor Pro Tern Hoog expressed €lSFl€lElfR s8s1;1t
~ a desire to go less than the rolled back rate.
A motion was made by Mayor Pro Tern Hoog, seconded by Council Member Bond,
to approve Consent Agenda Item 1 as amended. The motion carried 5-0 with voting
as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARING:
9. Ordinance No. 07-2015 (Revised); amending Chapter 110. Zoning, of the Cape
Canaveral Code of Ordinances, to revise Article X, 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 Ordinance title into the record , provided a brief explanation
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 4 of 5
of the changes that were made at the last meeting and noted additional changes being
proposed. Mayor Randels provided additional explanation of the Overlay District's
purpose. City Manager David Greene indicated Staff is recommending approval with the
proposed changes. The Public Hearing was opened. Tom Hermansen indicated there is
a parcel that his group owns north of Country Inn & Suites that they would like included
in the Overlay District. City Manager Greene recommended researching whether the
property can be included in the District and if so , an amendment could be proposed at a
later date. Shannon Roberts felt the Visioning efforts did not advocate for an increase in
building height. She urged for a reduction in height in the Overlay Standards. The 65 foot
height standard was discussed. John Benton spoke of former discussion/referendum
related to limiting the height of buildings. Mayor Pro-Tern Hoog indicated there was a
referendum and the courts overturned it saying zoning cannot be legislated by
referendum. Elena Whitehead asked if the Citizens could decide the zoning rules in the
community, to which Attorney Garganese indicated this is a difficult question to answer
because in certain circumstances Charter amendments have regulated zoning; however
zoning regulations are typically set by the City Council through the adoption of Ordinance
after input from the public. She felt the building would not have been so objectionable if it
was further from the road. Gay Clark felt proportion must be considered when deciding
the height of structures, particularly within the small size of the City to ensure the
character of the town is preserved. Josh Surprenant spoke of the growth that has occurred
over the last 15 years, the potential growth at the Port, the need to ensure Cape
Canaveral is not left behind and he expressed support for the height. Shannon Roberts
spoke of the special character of the City and the need to preserve it to ensure we are
not a pass through community. Community Development Director Dave Dickey explained
the review by the Advisory Boards. City Manager Greene requested the finished elevation
of the Homewood Suites be placed in the Weekly Update. Tom Hermansen applauded
the progression of the City; explained the need to incentivize development and that the
City is doing things the right way. Bill Sluth complimented the Council on their work. City
Manager Greene reminded everyone that the cost of land also necessitates the need to
go higher and there are additional development costs because of the need to stabilize the
facility on pilings. He spoke of the upcoming redevelopment of the "Port of Call" facility
which is doing a good job of balancing these items. The Public Hearing was closed. City
Council Members/Staff comments included: the prior discussion of the EOOD and
keeping the height out of the neighborhoods while encouraging changes to the A 1 A
corridor, moving the parking to the rear of the properties and the need to have more
restaurants in the community; the time spent on these items by the Advisory Boards; that
the height of the building starts at 45 feet then can step back and go higher; a proposed
amendment for parcels in the District that have two zoning categories (commercial and
residential) on the same parcel; commending Staff for further revisions to ensure the "stair
step" approach is clarified and the safeguards that have been added for adjoining
residences; a desire for parcels which are commercial and residential to be rezoned to all
commercial; further explanation of how the proposed revisions to the District regulations
allows the City more control ; that developers want to have highest/best use of the parcels;
if the developer presents a compelling argument for rezoning, Staff certainly would
support it; that Zoning Ordinances are living documents; the handout/ proposed revision
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 2015
Page 5 of 5
to Section 110-611 and the need to amend the Ordinance to incorporate same. A motion
was made by Mayor Randels, seconded by Council Member Bond, to accept
Ordinance No. 07-2015 as revised in Section 110-611 at second reading. The motion
carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member
Walsh, For.
10. Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City
Council Elections to fill Councilmember vacancies; providing for conflicts. severability,
incorporation into the Code, and an effective date, first reading: Attorney Garganese read
the Ordinance title into the record and provided an explanation of same. The Public
Hearing was opened. An unidentified individual asked for further clarification, to which
Mayor Randels responded. The Public Hearing was closed. A motion was made by
Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of
Ordinance No. 09-2015. Discussion included it being in the best interest of the City to
have citizens vote for their representatives and not having a special election will save
money. The motion carried 5-0 with voting as follows: Council Member Bond, For;
Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
REPORTS: None
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City Clerk