HomeMy WebLinkAboutMinutes 05-15-2018CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 15, 2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member
Randels 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 Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Community Development Director David Dickey
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Human Resources/Risk Management Director Jane Ross
Culture & Leisure Services Director Gustavo Vergara
Capital Projects Director Jeff Ratliff
Economic Development Director Todd Morley
Financial Services Deputy Director Melinda Huser
Deputy City Clerk Daniel LeFever
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Corporal Brian Griffin
PUBLIC PARTICIPATION: Shirley Kopinski, 200 International Drive, expressed thanks to
the City Council.
Jim Houston, 502 Jackson Avenue, spoke of his involvement in planting sea oats in the Jackson
and Monroe Avenues area over the years and expressed desire for the City to implement a post-
rope line system to keep people out of the new plants and dunes, similar to a permanent
installation he is pursuing with the Florida Department of Environmental Protection.
Marilyn Nicholas, 250 Harbor Drive, Chairperson of the Cape Canaveral Library Board, thanked
the City for participation in the memorial celebration for Joanna Atwood, Cape Canaveral Public
Library volunteer and Board Member, on May 12, 2018. Additionally, she distributed
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City Council Regular Meeting
May 15, 2018
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volunteering information and sponsorship brochures for each Council Member regarding the
Space Coast Art Festival, October 27-28, 2018 at Manatee Sanctuary Park.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring the week of May 6, 2018 as "Women's Lung Health
Week"to American Lung Association Board Member Mark A. Carbone: Mayor Hoog noted Mr.
Carbone was not present to receive the Proclamation and proceeded to read it into the record.
Interview Applicant for appointment to the Planning and Zoning Board. (Melissa Bass): City
Attorney Garganese asked Ms. Bass if the information on her application was true and correct to
which she responded in the affirmative. Ms. Bass detailed her background information and
reason for serving on the Board. City Council addressed Ms. Bass and thanked her for
volunteering.
CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion.
Council Member Morrison removed Item Nos. 1 and 4.
1. Approve Minutes for April 17, 2018 City Council Regular Meeting.
2. Resolution No. 2018-02; appointing Member 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. (Melissa Bass)
3. Resolution No. 2018-03; reappointing a Member to the Community Appearance Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and a retroactive effective date. (Randall C. Wasserman)
4. Resolution No. 2018-04; pursuant to Sections 14-28 and 54-13, City Code, allowing
dogs to be within City parks (excluding beaches) provided such dogs are on leash and
under control by their handler; providing for the repeal of prior inconsistent resolutions,
severability and an effective date.
5. Ratify the City Manager's execution of the Transportation Impact Fee Trust Fund
Disbursement Agreement with the Brevard County Board of County Commissioners.
A motion was made by Council Member Randels, seconded by Council Member Raymond,
to approve Item Nos. 2, 3 and 5. The motion carried 5-0.
#1 Discussion ensued and included a request to add language to a portion of the discussion
under Agenda Item 5, April 17, 2018 City Council Meeting Minutes, the reasoning behind
including the language, Staff error in not advertising Ordinance No. 04-2018 for first reading and
City Attorney Garganese provided advice on how to proceed. A motion was made by Council
Member Raymond, seconded by Council Member Randels, to approve the Minutes for
April 17, 2018, as written. Discussion ensued regarding a prior request to clarify a portion of
the Reports section of the April Minutes, whether those Minutes were changed beforehand to
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City Council Regular Meeting
May 15, 20
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reflect the request, how Minutes are not changed until the Council approves them and the
difference between correcting minutes as opposed to adding language to the discussion under a
Council action item. Motion carried 4-1 with Council Member Morrison voting against.
#4 Discussion ensued and included whether Council Members were already in favor of the
proposed Resolution, the legal reasoning behind the action and no trial period for dogs on the
beach would be imposed by City Manager Greene. A motion was made by Council Member
Raymond to adopt the Resolution as written which she later withdrew. City Attorney Garganese
provided advice on how to proceed. A motion was made by Council Member Morrison,
seconded by Mayor Hoog, to remove the date and any language regarding a trial study.
Motion carried 3-2, with Mayor Pro Tem Brown and Council Member Raymond voting
against. Mayor Hoog advised Staff to bring items needing resolutions to the City Council first.
Council reached consensus to allow Andrea Shea King, 7071 Orange Avenue, to share concerns
regarding potential liabilities and enforcement issues with the measure.
PUBLIC HEARINGS:
6. Ordinance No. 03-2018; amending Section 110-372 of the City Code; providing for a
20-foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the
minimum lot areas accordingly; establishing provisions governing nonconforming townhouse
structures and lots; providing relief for multiple-family and two-family dwellings existing prior
to October 4, 1988 which were built in accordance with townhouse standards from certain
minimum lot width and setback requirements; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the Code, severability and an effective date.,
second reading: Discussion ensued and included Council discussion and actions at its April 17,
2018 Meeting regarding Ordinance No. 03-2018, the process of policy creation and adoption by
Council after City Advisory Board recommendations, City Code regarding townhomes and
parking over the years, the planned development process, market trend toward smaller homes,
how the measure came to be discussed at the Planning and Zoning Board and the need to move
forward with the Item. Mayor Hoog called for a Motion. A motion was made by Mayor Pro
Tem Brown, seconded by Council Member Raymond, to adopt Ordinance No. 03-2018 as
written, at second reading. The Public Hearing was opened. Andrea Shea King inquired about
the purpose of the Ordinance related to the planned development process. Discussion ensued
regarding City issues with townhomes, intent of the Ordinance, how planned developments are
considered on a case-by-case basis and, if an applicant is out of compliance, there is a chance the
request will not be approved. The Public Hearing was closed. The motion carried 4-1, with
Council Member Morrison voting against.
7. Ordinance No. 04-2018; providing for the location of Pharmacies and 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, first reading: City Attorney Garganese read the title into the record, explained this
is the first advertised public hearing for this particular Ordinance, summarized discussion
regarding the Ordinance at the April 17, 2018 City Council Meeting and provided the history of
Council policy decisions related to medical marijuana dispensaries and treatment centers in the
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City Council Regular Meeting
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City. The Public Hearing was opened. Tim Bass, 248 Coral Drive, expressed concern that
marijuana is still against Federal Law. City Attorney Garganese responded the issue was
discussed at the April City Council Meeting regarding technical violations and prohibitions at the
Federal level. The Public Hearing was closed. Mayor Hoog called for a motion. A motion was
made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to adopt
Ordinance 04-2018, at first reading. The motion carried 5-0.
ITEM FOR ACTION:
8. Review and Approve the City Council FY 2018/19 Strategic Planning Retreat: Process
and Results Report; City Council Strategic Planning Retreat Minutes of March 28, 2018:,
Approve the Cape Canaveral Vision Statement as currently written; Reaffirm that AlA be
"Priority #1" in the City and Approve going forward on the eight projects proposed by the City
Manager: Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) - $5 million;
Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million; W. Central/Thurm
Boulevard Streetscape - $1.42 million; Central Boulevard Streetscape - $1 million; Cumberland
Farms Pocket Park - $30,000; Wagner Park - $100,000; Long Point Estuary Park - $1.38 million
and Community Survey - $4,000: Discussion ensued. Joe Abreu, 225 Long Point Road, shared
opinions regarding the Community Brainstorm Meeting on May 8, 2018, the Strategic Planning
Retreat on March 28, 2018 and requested information regarding a public survey. City Manager
Greene indicated the survey is being prepared, confirmed Mr. Abreu will be given the
opportunity to participate and clarified how the Strategic Planning Retreat Meeting is conducted.
Mayor Hoog called for a motion. A motion was made by Mayor Pro Tem Brown, seconded
by Council Member Raymond, to approve the City Council Strategic Planning Retreat
Results Report as presented. The motion carried 5-0.
DISCUSSION:
9. Policy discussion related to City Code of Ordinances Sec. 14-28- Animals prohibited in
parks and on beaches: Council Member Morrison summarized the Item. Discussion ensued
regarding the pros and cons of allowing dogs on the beach in the City of Cape Canaveral, how
related questions will be part of a community survey and City Manager Greene will discuss
information compiled by and with Staff on the issue.
REPORTS: None.
ADJOURNMENT: .
There being no further business, the Meeting adjourned at 8:41 PM.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
SEAL of Cape Canaveral, Florida