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Home My WebLink AboutMinutes 11-17-2015CITY COUNCIL SINE DIE AND REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk A venue, Cape Canaveral, Florida TUESDAY November 17, 2015 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:10 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tern 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 Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief 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 Paul Ring Dave Sargeant Mayor Randels explained the process of changing from one Council to another Council. PUBLIC PARTICIPATION: John Benton thanked Mayor Randels for his service to the City. He expressed frustration at the Code Enforcement process, which found him in violation of City Code for living in a warehouse. He spoke of the testimony by Kevin Mann, which was the basis for the violation. He indicated he never lived in the warehouse; however there are people who do and indicated he has pictures showing a man brushing his teeth in front of his unit. Ray Osborne spoke in favor of a proposed Constitutional Amendment known as Floridians for Solar Choice. He encouraged the City to add their endorsement. City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 2 of7 PUBLIC HEARING: 1. Ordinance No. 11-2015; amending Sections 110-334, 110-352 and 110-381 of the City Code regarding Automotive Service Stations; permitting Automotive Service Stations in the M-1 zoning district; prohibiting Automotive Service Stations in the C-1 and C-2 zoning districts; 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 and noted changes made between first and second reading. City Manager Greene explained based on public comments, proposed modifications to the Ordinance include: changing the separation distance from 2000 feet to 2500 feet, which would prohibit any new stations in the City; allowing existing stations to expand up to 10 fueling stations and changing the list of food items permitted for sale at a station. Mayor Randels noted the first reading and the publication dates. The Public Hearing was opened. Bob Camey indicated he was not in favor of the Ordinance as it was approved on first reading, but could support the revisions because they do not allow any additional gas stations. Paul Oliver expressed support for the Ordinance as revised with the exception of the prohibition of parking a vehicle for more than four days. City Manager Greene explained the intent of the language is to prohibit parking of vehicles for 96 consecutive hours, not to prohibit employees from parking for four days of work. Tom Hermansen indicated understanding for the Ordinance purpose, but noted the changes at the Port will increase the demand for additional fueling stations. He indicated the way the Ordinance was previously written; allowed for only one additional station on a 1.5 acre parcel which has access to George King Boulevard, which would prevent the traffic from entering the City. He advocated this parcel be allowed to develop as a Fueling Station, to which City Manager Greene replied if/when the market is ready for an additional site, an Ordinance amendment could be considered. Discussion between Mayor Randels, City Manager Greene and Council Member Petsos included: the difference between the separation of 2,000 ft. vs 2,500 ft., which only affects one parcel; citizens' concerns were for additional stations on Al A; the proposed amendments consider the comments heard from individuals after first reading and it is premature to set that site aside as a fueling station. Shannon Roberts asked if RaceTrac could expand to the North, to which City Manager Greene replied in the affirmative and added the approval for improvements would require the addition of a "frontage road." Ms. Roberts felt expansion of RaceTrac would reduce green space and development of a station along George King would diminish the goal of a bike-able/walkable corridor. City Manager Greene explained the work to have additional north/south roads between the City and Port Canaveral. The Public Hearing was closed. Council Member comments included: reasons for not supporting an additional gas station in the City; appreciation/support for the proposed amendments; the prohibition of no additional stations on Al A and the desire for redevelopment to improve existing sites or see them change to another business; the need to look at what could happen on George King Boulevard as the Port continues to grow; the ability to amend the Ordinance in the future if the market shows the demand; the requirements of the Overlay District for additional landscaping; that a station along George King could keep trucks towing large boats off Al A; and the need to support the wishes of the Citizens. A motion was made by Mayor Pro Tern Hoog, seconded by Council Member Walsh, for approval of Ordinance No. 11-2015 as amended on the November 17th presentation. The City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 3 of7 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. Presentation of checks from Mr. Kevin Jones, representing Florida Department of Environmental Protection, awarding the City $100,000 for construction of Banana River Park Phases II and III: Mayor Randels requested approval to move this item up; no objection was heard. Mr. Kevin Jones explained the award of grant funds under the Florida Recreational Development Assistance Program and presented the check to the City. Mayor Randels, Mayor Pro Tern Hoog and City Manager Greene explained the proposed improvements. 2. Ordinance No. 12-2015; amending Section 110-381 of the City Code to allow Craft Distilleries in the C-2 Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Code, and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and noted there were no changes since first reading. Mayor Randels explained changes in Florida Law allow cities to amend zoning ordinances to allow for distilleries. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 12-2015. 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. 3. Ordinance No. 13-2015; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October l, 2014, and ending September 30, 2015; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, second reading: Attorney Garganese read the Ordinance title into the record. Mayor Randels provided a summary of its purpose. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Mayor Pro Tern Hoog, for approval of Ordinance No. 13-2015, on second reading. 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. ITEMS FOR ACTION: 4. Approve Minutes for Regular City Council Meeting of October 20, 2015: A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve the October 2ot11 Minutes. 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. 5. Presentation to outgoing Council Member Buzz Petsos: Mayor Randels presented Council Member Petsos with a Distinguished Service Award recognizing his 20 years of service to the City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 4of7 City. Council Member Petsos expressed pride for the items accomplished during his service. He congratulated all candidates for running a great campaign and encouraged them to run again. He thanked the Citizens for their support. Fire Chief Dave Sargeant presented a plaque of appreciation to Council Member Petsos for his support to Canaveral Fire Rescue over the past 20 years. ADJOURNMENT SINE DIE: There being no further business, the Meeting adjourned Sine Die at 7:17 P.M. CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CALL TO ORDER: The Chair called the Meeting to Order at 7:23 P.M. and welcomed the two new Council Members. ROLL CALL: Council Members Present: Council Member Council Member Council Member Council Member 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 Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief John Bond Mike Brown Bob Hoog Brendan McMillin Betty Walsh David L. Greene Anthony Garganese Angela Apperson John DeLeo David Dickey Todd Morley Gustavo Vergara Joyce Muse Jeff Ratliff Paul Ring Dave Sargeant OATHS OF OFFICE: City Attorney Garganese administered the Oaths of Office to Mayor Hoog and Council Members Brown and McMillin. 6. PRESENTATION TO OUTGOING MAYOR: Mayor Hoog presented the Key to the City plaque to former Mayor Randels for his 28 years of service. Mr. Randels relived a few historical events related to access to City Hall and thanked all for their support. Fire Chief Dave Sargeant presented a plaque of appreciation to former Mayor Randels for his support to Canaveral Fire City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 5 of7 Rescue over the past 28 years. Mayor Hoog unveiled the portrait of Mayor Randels, which will hang in the Council Meeting Room. Council Members shared appreciation for each other and the accomplishments during their terms. SELECTION OF MAYOR PRO TEM: Mayor Hoog nominated Council Member John Bond as Mayor Pro Tern. Council Member Bond noted the past practice of rotating the position among the Council Members and indicated it may be Council Member Walsh's turn. Council Member Bond nominated Council Member Walsh as Mayor Pro Tern. Mayor Hoog withdrew his nomination of Council Member Bond and seconded the nomination of Council Member Walsh. No other nominations were made. The nomination of Council Member Walsh carried unanimously, after a roll call vote. PUBLIC PARTICIPATION: None. PRESENTATIONS I INTERVIEWS: Presentation of checks from Mr. Kevin Jones, representing Florida Department of Environmental Protection, awarding the City $100,000 for construction of Banana River Park Phases II and III: This item was taken up earlier in the meeting. CONSENT AGENDA: Mayor Hoog read each item into the record. No items were removed. 7. Approve Task Order No. 6 in the amount of $156,700 to Tetra Tech, Inc. for providing Construction Engineering and Inspection Services for the North Atlantic A venue Streetscape Project and authorize the City Manager to execute same: 8. Approve the 2016 City Council Regular and Tentative Budget Meeting Schedule: A motion was made by Mayor Pro Tern Walsh, seconded by Council Member Bond, to approve the Consent Agenda. 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 Tern Walsh, For. ITEMS FOR ACTION: 9. Appoint an Alternate Voting Delegate to the Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach and appoint Public Works Services Director Joyce Muse as Voting Delegate to the Technical Advisory Committee (TAC): Mayor Hoog explained the item. Mayor Hoog and Council Member McMillin expressed interest in serving. Discussion ensued. Mayor Pro Tern Walsh nominated Mayor Hoog as the Alternate Voting Delegate. Discussion continued, Mayor Pro Tern Walsh withdrew her nomination. City Manager Greene indicated supported for City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 6of7 the appointment of Council Member McMillin because of his background/skill set. Council Member Bond, seconded by Mayor Pro Tern Walsh, nominated Council Member McMillin as the Alternate Voting Delegate. The nomination carried unanimously, after a roll call vote. Motion by Mayor Hoog, seconded by Council Member Bond, for approval of Staff's recommendation to appoint Public Works Services Director Joyce Muse as the Voting Delegate to the Technical Advisory Committee. The Motion carried unanimously, after a roll call vote. REPORTS: Council Member Brown expressed appreciation to Citizens for the opportunity to serve the City. Council Member McMillin expressed appreciation to the community for their support/election to office and thanked his family for their support. He thanked the other candidates for their great efforts and hoped to count on them for their support in the future. Council Member Bond welcomed the new Council Members; noted his attendance at the Police Athletic League (PAL) Dinner; provided details of the program and what it does to help develop the youth in the community into future leaders. He asked for consensus to give them $1,000 dollars for things they might need. City Manager Greene suggested there be further discussion so everyone understands what commitments the City is currently making before additional commitments are made. Council Member Bond noted his participation in the Melbourne Regional Chamber of Commerce Veteran's Fishing Challenge, where School Board Member Andy Ziegler was the winner and a great time was had by all. He expressed appreciation for former Council Member Petsos' service to the City and congratulated Mayor Hoog. Mayor Pro Tern Walsh welcomed the new Council Members; thanked former Mayor Randels for his service to the City; his leadership and actions taken to make the City a better place. She indicated many people love the First Friday event and have questioned if there is a way to let people know which band is playing and what vendors will be in attendance. She also congratulated Mayor Hoog on his election and recognized former Council Member Petsos for his service to the City. Mayor Hoog congratulated the new Members and encouraged those who did not get elected to stay active. He expressed appreciation to individuals attending the farewell to former Mayor Randels. City Manager Greene expressed appreciation to all involved in the election. He congratulated those elected; thanked former Council Members Buzz Petsos and Shannon Roberts for bringing him to Cape Canaveral and hoped he lived up to their expectations. Mr. Greene indicated he and Staff Members look forward to working with new/existing Council Members and members of community to make Cape Canaveral the best of the best. City Attorney Garganese expressed congratulations to those elected to office and looked forward to working with them as they move the City forward. He recognized the contributions made by City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 7 of? former Mayor Randels and former Council Member Petsos for the betterment of the City and explained the recognition/respect achieved by them from agencies outside the City. ADJOURNME T: • _.-~'Jr; (,At1Av:'••., .;:' j" ,..... 4../f •, There beiQ.g o further,bµ 1fiess, the Meeting adjourned at 7:56 P. ~ c:, , , .<~ 11 :' -J ',, r /, :~ .... ~ ~ ,, ·.J.J • :P " ~ JJ : c: r-f l : r;;, ~ : -'Cr _ : ,~ I , • .;, ~ ·. : J: ?(:iJ"· ..... ..-< •j Bob Hoog, Mayor ~Q,~~-%:,vc~~~~- Angela M. ~pperson:MMc, ' 7 -- City Clerk