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HomeMy WebLinkAboutcocc_council_mtg_minutes_20191217CAPE CANAVERAL CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY December 17, 2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Leisure Services Director Public Works Services Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Canaveral Fire Rescue Assistant Chief/Fire Marshal Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Gustavo Vergara Jim Moore Daniel LeFever Lisa Day Andrew Wafters John Cunningham PUBLIC PARTICIPATION: Bob Carney, 340 Chandler Street, urged Council to appoint Interim City Manager Morley as the permanent City Manager rather than conducting an outside search. PRESENTATIONS/INTERVIEWS: Presentation of the John Land Award to Mayor Bob Hoog in honor of his 20 years as an elected official by Florida League of Cities Membership Services Manager Mark R. Sittig: Mr. Sittig presented the Award to Mayor Hoog. Interview Applicant for appointment to the Culture and Leisure Services Board. (Marlene Woodside): Mayor Hoog noted Ms. Woodside was not present for the meeting. City of Cape Canaveral, Florida City Council Meeting December 17, 2019 Page 2 of 5 CONSENT AGENDA: Mayor Hoog inquired if Consent items needed to be removed for discussion. Council Member Kellum removed Item 5. Mayor Pro Tem Brown removed Items 2 and 3. 1. Approve Minutes for November 19, 2019 Sine Die and Regular Meetings. 2. Resolution No. 2019-25; bestowing upon Rocky Randels the official honorary title of "Mayor Emeritus of the City of Cape Canaveral" and establishing the duties, privileges and conditions of this volunteer, unpaid position; providing for the repeal of prior inconsistent resolutions, termination provisions, severability and an effective date. 3. Resolution No. 2019-26; providing for the division of a parcel of land owned by Wave Developments, LLC and located at 8801 Astronaut Boulevard, Cape Canaveral, Florida (existing Parcel ID. 24-27-15-00-817) into two (2) Lots of Record for development purposes subject to an existing Development Agreement recorded in the Official Record Book 8542, Page 727 of the Public Records of Brevard County, Florida; providing for repeal of prior inconsistent resolutions, severability and an effective date. 4. Resolution No. 2019-27; appointing a member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Marlene Woodside) 5. Award Agreement for Code Enforcement Special Magistrate Services to Fishback Dominick and authorize Mayor to execute Agreement for same. 6. Award the Bid for construction of Polk Ave./Orange Ave. Maintenance Upgrade for Select Stormwater Systems to Gregori Construction, Inc., of Titusville, Florida in the amount of $239,382 and authorize City Manager to execute Construction Agreement for same. 7. Reappoint Interim City Manager Todd Morley as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and appoint City resident Arlyn DeBlauw as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item Nos. 1, 4, 6 and 7 on the Consent Agenda. The motion carried 5-0. Mayor Hoog stated the Items would be discussed in the order removed. 5. Discussion ensued and included the terms of the agreement, International Property Maintenance Code adopted in 2018, the desire for more choices in Requests for Proposal submittals or RFPs, advertisement of the RFP, how Attorney Geller was made aware of the opportunity through City Attorney Garganese, delaying the award, the Code Enforcement Board's readiness for a special magistrate process, qualifications and specialized training of Attorney City of Cape Canaveral, Florida City Council Meeting December 17, 2019 Page 3 of 5 Geller, multiple ways to enforce City Codes and how the City Manager may enforce an injunction under the law. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to award the agreement for Code Enforcement Special Magistrate Services to Fishback Dominick and authorize the Mayor to execute the Agreement for same. The motion carried 4-1, with Council Member Morrison voting against. 2. Discussion ensued and included recognition of Mr. Randels' years of service to the City, his popularity around the State and Mr. Randels willingness to travel to Tallahassee for the needs of the community. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Brown, to approve Resolution No. 2019-25. The motion carried 5-0. 3. Discussion ensued regarding the reason behind dividing the parcel of land owned by Wave Development, LLC. Attorney Kim Rezanka, representing the owner, explained the purpose of the lot split including financing, liability and more signage as well as a business decision to move forward with owner plans for the property. Mayor Pro Tem Brown stated his opinion on the topic of elected officials recusing themselves from voting on issues, indicated a recusal should be considered on this matter and expressed reasons for doing so. Council Member Kellum stated Mayor Pro Tem Brown was referring to her City Council campaign donations and provided reasons for not recusing herself from voting on the matter. Discussion continued with positive comments regarding the project. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to approve Item 3, Resolution No. 2019-25. The motion carried 5-0. PUBLIC HEARING: 8. Ordinance No. 19-2019; amending the City's Site Plan Review Requirements under Chapter 110 — Zoning of the City Code; 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 streamlining the process away from a one size fits all approach, lower applicant costs, the presentation of a fee resolution for next month, Development Review Committee review process includes different departments and agencies signing off on minimum standard requirements, an opinion that questions and concerns could have been addressed with Staff prior to the City Council Meeting, a request to make modifications to sections within the Ordinance for a sliding scale option, language detailing the Development Review Committee will be the body that reviews the site plan, noticing Development Review Committee meetings and a suggestion to accept the Ordinance as written with Staff providing additional language for the second reading. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to accept Ordinance No. 19-2019 as written, at first reading, with the exception for revisions to be brought back at the next meeting. City Attorney Garganese stated all comments would be taken under advisement and brought back as recommendations for Council consideration at the next meeting. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 4-1, with Council Member Morrison voting against. City of Cape Canaveral, Florida City Council Meeting December 17, 2019 Page 4 of 5 9. Ordinance No. 20-2019; amending the City Code Chapter 110 — Zoning regarding tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes; 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 accommodating small businesses, whether removal from the M-1 district is necessary and compatibilities of businesses to zoning districts related to shopping, industry and pain management clinics. City Attorney Garganese provided the zoning history of tattoo establishments within the industrial area. Community Development Director Dickey distributed a City-wide Zoning Map. Interim City Manager Morley suggested allowing the establishments in the M-1 district. Discussion continued regarding support for removing the strikethrough in the M-1, residential areas abutting commercial districts, maintaining buffers and urgency on behalf of a business owner. City Attorney Garganese advised the Council could pass the Ordinance on first reading and Staff bring back amended language for second reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, to approve Ordinance No. 20-2019, as written at first reading, with amendment for second reading to include keeping the M-1 designation. The motion carried 5-0. ITEM FOR ACTION: 10. Appoint a Voting Delegate/Director and Alternate to the Space Coast League of Cities: Mayor Hoog explained the Item. Discussion ensued. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Kellum, to appoint Council Member Raymond as the Voting Delegate/Director to the Space Coast League of Cities. Discussion ensued whether anyone desired to serve as Voting Alternate other than Mayor Emeritus Randels, reappointing Mayor Emeritus Randels now and coming back to City Council later should the League not accept the decision. Council reached consensus to appoint Mayor Emeritus Randels as Voting Alternate to the Space Coast League of Cities. Motion passed 5-0. ITEM FOR DISCUSSION: 11. Impacts of adding a pool to the Canaveral City Park Multi -Generational Facility (MGF) Project: Interim City Manager Morley explained the item. Discussion ensued and included impacts on the project design approved by Council, the C.A.P.E. Center, placing a pool outside of the MGF, costs, pools versus splash pads, history of the current design and placing a community pool at a different location. Council reached consensus to move forward with the current project design and have Staff return to Council with ideas and thoughts to include available properties, lessons learned from other municipalities and current resident survey results if there is a consensus to move forward on a pool in the future. City of Cape Canaveral, Florida City Council Meeting December 17, 2019 Page5of5 Steven Snooks, 206 King Neptune Lane, expressed opinions, ideas and desire for upgraded City electric vehicle chargers. Mayor Hoog suggested Mr. Snooks contact Sustainability Analyst Zachery Eichholz to discuss the matter. REPORTS: Council Member Kellum discussed attending various events including the Space Coast League of Cities meeting, League of Women Voters Space Coast Sunshine Law Workshop, City Code Enforcement and Planning and Zoning Board Meetings, Space Coast Transportation and Planning Organization meeting, the City Giving Tree Program's gift wrapping and thanked first responders. Council Member Raymond discussed attending various events including the retirement celebration for Rockledge Councilman Joe Lee Smith, League of Women Voters Space Coast Sunshine Law Workshop, Space Coast League of Cities meeting, City Giving Tree Program's gift wrapping and an invitation the City received from the Coordinator of International Relations for the Town of Kimotsuki, Kagoshima, Japan to host a group of Cape Canaveral students on a visit during the Yabusame Festival October 2020. Council Member Raymond expressed a desire to pay her own way and offered to chaperone the group. Discussion ensued regarding the City's past experience with Sister City programs and the City hosting student groups from Japan for the last two years. Council Member Morrison wished everyone Happy Holidays, Merry Christmas and Happy New Year. Mayor Pro Tem Brown discussed attending various events including League of Women Voters Space Coast Sunshine Law Workshop, expressed thanks to Staff regarding the City Giving Tree Program, expressed support for first responders and safety during the Holidays. Mayor Hoog discussed attending the Space Coast League of Cities meeting, expressed thanks to Staff regarding the City Giving Tree Program and the Cape View Elementary School Chorus with the Cocoa Beach High School String Ensemble Program during the Holiday in the City event. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:26 PM. Bob Hoog, Mayo Mia Goforth, City_Clerk.-` `