HomeMy WebLinkAboutcocc_council_mtg_minutes_20201117CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
November 17, 2020
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Mayor Pro Tem Brown led
the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Mayor
Council Member
Council Member
Council Member
Mike Brown
Bob Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development Director
Cultural and Community Affairs Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Community Affairs Manager
Deputy City Clerk
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Gustavo Vergara
Jim Moore
Tim Carlisle
Stephanie Johnson
Daniel LeFever
Andrew Walters
Joanna Seigel
Dave Sargeant
OATHS OF OFFICE: Royce M. Morrison, Jr. administered the Oath of Office to Wes Morrison and
City Attorney Garganese administered the Oath of Office to Angela Raymond.
SELECTION OF MAYOR PRO TEM: Mayor Hoog opened the floor to nominations. Mayor Pro
Tem Brown nominated Council Member Raymond. Council Member Raymond accepted. Council
Member Kellum nominated Council Member Morrison. There being no other nominations,
discussion ensued and included how to proceed. Mayor Hoog called for a vote on the nomination
of Council Member Raymond. City Clerk Goforth recorded the vote 3-2, with Council Members
Kellum and Morrison voting against. City Attorney Garganese called for a formal motion on the
nomination. A motion was made by Mayor Hoog, seconded by Mayor Pro Tem Brown, to
accept the nomination and selection of Angela Raymond as Mayor Pro Tem. The motion
carried 3-2, with Council Members Kellum and Morrison voting against.
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PUBLIC PARTICIPATION: The following individuals provided comments remotely via the
webinar. Patrick Campbell, resident, expressed concern regarding the Council Code of Conduct
Item from the October 20, 2020 City Council Meeting and requested the Item be brought back to
the Council to allow public comment and closure of the Item. Andrew Dodge, resident, expressed
concerns related to the Council Code of Conduct, the conduct of Mayor Hoog and requested a
response. Mayor Hoog opened discussion up to the City Council. There being none, Public
Participation was closed.
INTERVIEWS/PRESENTATIONS:
Anti -Hate Proclamation: Mayor Pro Tem Raymond read aloud the City of Cape Canaveral Stands
Against Hate Proclamation as presented at the June 16, 2020 City Council Meeting. Andrea Shea
King, resident, addressed the Council with inquiries and opinions regarding hate speech, freedom
of speech, the Proclamation and read aloud portions of the Council Code of Conduct. Discussion
ensued. Mayor Hoog indicated the City Council agrees with the spirit of the Proclamation.
Interview Applicant for appointment to the Planning and Zoning Board. (Susan Denny): City
Attorney Garganese confirmed the information contained in Ms. Denny's application to be true
and correct. Ms. Denny provided background information and reasons for her desire to serve. The
Council thanked Ms. Denny.
CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion.
Council Member Kellum removed Items 3 and 6.
1. Approve Minutes for October 20, 2020 Regular Meeting.
2. Resolution No. 2020-29; appointing a 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. (Susan Denny)
3. Approve the proposed 2021 City Council Regular and Budget Meeting Schedule.
4. Approve Project Agreement with Florida Inland Navigation District to obtain funding in
the amount of $327,400 for construction of improvements to the City -owned estuary
property located at the western end of Long Point Road and authorize City Manager to
execute same.
5. Approve Amendment No. 1 to Purchase Order No. 19005 to Kimley-Horn and
Associates, Inc. in the amount of $72,423.46 for Construction Phase Engineering Services
as part of the Headworks and Filter Improvements Project at the Water Reclamation
Facility and authorize City Manager to execute same.
6. Authorize removal of one (1) Specimen Tree at 309 Madison Avenue at a mitigation
ratio of one-to-one.
A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond,
to pass Consent Agenda Items 1, 2, 4 and 5. The motion carried 5-0.
3. Discussion ensued and included the desire to start Community Redevelopment Agency
Board (CRA) meetings at 5:00 p.m. A motion was made by Council Member Kellum, seconded
by Council Member Morrison, to start all CRA Board Meetings at 5:00 p.m. The motion
carried 5-0.
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6. Discussion ensued and included possibly tabling the Item, Cape Canaveral being a Tree
City that is losing trees, revising the Code of Ordinances related to Specimen Trees, no fee for tree
permit removal application versus Staff time involved and the Applicant not being present.
Community and Economic Development Director Dickey indicated the Applicant was not
interested in tabling the Item and stating his intention was to submit two applications for Lot 3
and 4; however, the Applicant's final submittal did not include Lot 3 in the Application for Removal.
Mr. Dickey suggested bringing a revised Agenda Item back to the December City Council Meeting.
Discussion continued regarding the purpose for removal of two specimen trees on Lot 3, a Code
change could take three months, approval of the Item as is, construction application not
submitted yet, summarization of the Specimen Tree removal process, tree bank mitigation related
to landscape plans, the State's legislative preemption of the City to regulate any residential trees
other than Specimen trees with a diameter greater than 24 inches, calling for a motion to pass the
Item as written and a suggestion to poll Council to get consensus for Staff to bring back a draft
tree ordinance. A motion was made by Mayor Pro Tem Raymond, seconded by Council
Member Morrison, to authorize removal of one (1) Specimen Tree at 309 Madison Avenue.
The motion carried 5-0.
PUBLIC HEARINGS:
7. Ordinance No. 05-2020; generally related to land use and zoning requirements;
authorizing the operation of "Mobile Food Dispensing Vehicles" as a temporary accessory use
in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at
special events and other locations authorized by the City; providing general standards for
operating Mobile Food Dispensing Vehicles; 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 reviewed the Item.
Discussion ensued and included direction for modifications from Council during the first public
hearing of the Ordinance, additional changes, the State preemption on municipalities and the
pros and cons of lifting some restrictions on food trucks in the City. During discussion about the
Ordinance, the City Council reached consensus to authorize the City Attorney to make five (5)
additional revisions to the Ordinance on Second Reading prior to execution of the Ordinance by
the Mayor as follows: (1) change the word "paved" to "approved parking surface;" (2) remove the
600 square foot maximum sales area provision; (3) remove the provision prohibiting generator
use in residential areas; (4) limit the hours of operation requirement to residential areas only; and
(5) add language permitting the City Council to authorize the operation of multiple Mobile Food
Dispensing Vehicles on a property. The Public Hearing was opened. There being no comments,
Public Hearing was closed. A motion was made by Council Member Kellum, seconded by
Mayor Pro Tem Raymond, to adopt Ordinance No. 05-2020, with the five (5) changes at
second reading. The Motion carried 5-0.
8. Ordinance No. 07-2020; 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 1, 2019, and ending September 30, 2020;
providing for the repeal of prior inconsistent ordinances and resolutions and an effective date,
second reading: City Attorney Garganese read the title into the record. Discussion ensued. The
Public Hearing was opened. There being no comments, Public Hearing was closed. A motion was
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made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to adopt
Ordinance No. 07-2020, at second reading. The Motion carried 5-0.
9. Ordinance No. 08-2020; amending Chapter 94 - Signs; providing for amendments to
electronic messaging signs; providing for amendments to Section 94-100 and Table 94-96-1 to
include sign requirements specifically for the Public/Recreation (PUB/REC) zoning district;
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 summarized provisions of the Ordinance. City Manager Morley explained the
Planning and Zoning Board recommended the Ordinance by unanimous approval. Discussion
ensued and included adding specific zoning districts where electronic signs are permitted into the
Ordinance, the hierarchy of streets in transportation planning, the popularity of electronic signs
and where they are currently allowed, the intent to focus electronic signs in commercial districts
and not impact residential areas. City Attorney Garganese advised significant changes to the
Zoning Map could be made due to the Zoning Project underway. Discussion continued regarding
the difficulty in getting everyone to agree on signs, the height requirement, graphics, moving
animation, Federal standards and compliance, giving direction to Staff to bring back revisions and
research regarding limited animation at second reading, content neutral messaging, the potential
changes to the character of the City, purpose of signage, lighting issues and previous Community
Appearance Board Item related to LED lighting on N. Atlantic Avenue. Council reached consensus,
as suggested by City Manager Morley, for a motion to approve the Ordinance as written with two
changes: (1) change the language regarding "major public thoroughfares or other high capacity
public roadways" to "C1, C2 and M1 Zoning districts", and (2) remove the 10-foot height limitation.
The Public Hearing was opened. There being no comments, the Public Hearing was closed. A
motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to
approve Ordinance No. 08-2020, as written with (2) revisions, at first reading. The Motion
carried 5-0.
ITEM FOR ACTION:
10. Appoint a Council Member as the 2021 Alternate Voting Delegate to the Space Coast
Transportation Planning Organization Governing Board, representing the North Beaches
Coalition: Mayor Hoog opened the floor to nominations. Discussion ensued. A motion was made
by Mayor Pro Tem Raymond, seconded by Council Member Brown, to reappoint Council
Member Kellum as the Alternate Voting Delegate to the Space Coast TPO, representing the
North Beaches. Council Member Kellum accepted, stating it would be an honor to serve. The
Motion carried 5-0.
ITEMS FOR DISCUSSION:
11. Dogs on the Beach (Submitted by Council Member Raymond): Mayor Pro Tem Raymond
explained the Item. Discussion ensued and included resident complaints, enforcement of the
prohibition of animals on the beach, current laws and signage at all public entrances regarding
the Ordinance except for private condominiums, emotional support animals and how best to
monitor dogs on the beach. Commander Walters clarified the Brevard County Sheriff's Office
patrol and documentation of activities on the beach, service dogs do not require jackets indicating
their status and service animals must be leashed and encouraged City Council members to tell
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citizens to direct complaints to the Canaveral Precinct. Rhonda Breininger, property and business
owner, suggested the City post signage indicating emotional support dogs be leashed and called
for 5-foot-wide sidewalks throughout the City. Commander Walters provided State statute
information regarding golf carts and cautioned allowing widespread use of such vehicles.
12. Motorized Bikes, Scooters, Golf Carts on City Sidewalks (Submitted by Council Member
Raymond): Mayor Pro Tem Raymond explained the Item and shared information regarding an
accident involving a pedestrian in February 2020. Discussion ensued and included the danger and
speed of motorized vehicles, difficulties in getting people to use the pedway or abide by traffic
laws, motorized skateboards, bikes on sidewalks, posting signage and possible leeway for
municipalities to enforce laws. City Manager Morley indicated the language is broad but appears
State law gives municipalities some authority to restrict bicycles from sidewalks which Staff can
research if Council desires. Commander Walters advised all of these motorized vehicles fall under
the definition of a bicycle, whether motorized or not, and are not mandated to be registered,
licensed or to hold insurance. Discussion continued regarding regulating all motorized and non -
motorized vehicles on sidewalks and the beach and revising City Code language to fit with State
statute. City Attorney Garganese provided information regarding the law, effective July 1, 2020,
regarding classifications of motorized vehicles and opportunities to improve the City Code of
Ordinances. Rhonda Breininger suggested Council consider putting a group together to provide
and post uniform rules regarding vacation rental homes. Discussion ensued and included the need
to bring the Item to close before moving on, disabled Veterans and handicapped persons use of
motorized vehicles, budgeting for safer sidewalks, the City's Comprehensive Plan regarding future
use of golf carts, golf carts vs. low -speed vehicles, governing where and how golf carts are used
and direction of Staff to review the policy for sustainability purposes. City Manager Morley stated
Staff follows the marching orders of Council. Discussion continued. A motion was made by
Council Member Morrison, seconded by Council Member Kellum, directing Staff research
and return with options on regulating all motorized vehicles on sidewalks, as described in
Item 12. Motion carried 5-0. Discussion ensued and included the need to ensure these vehicles
are not used as a way to get around DUI convictions or by underage and unlicensed persons.
REPORTS:
Council Member Morrison thanked his family, Council and Staff for the last three years and looks
forward to serving the next three years on Council.
Mayor Pro Tem Raymond discussed Space Coast League of Cities cancellation of in -person
meetings from the months of April through December 2020, the League decision to try a socially
distanced meeting in January 2021, hosted by the City of Palm Bay, and encouraged interested
individuals apply for the 2021 SCLOC Scholarship available soon; attending Florida League of
Cities Transportation and Intergovernmental Affairs Committee meetings and announced
affordable housing is a first priority this year; encourage citizens to apply for the CARES Act funds
for rent and mortgage payments; participated in Florida League of Cities virtual Veterans Day
celebration, the City's Trunk or Treat Halloween event and thanked residents for supporting her
and encouraged citizens to contact her directly.
Council Member Brown attended the Space Coast Area Transit event, adding two new Beach
Trolleys to Route 9, between Cape Canaveral and Cocoa Beach, and encouraged citizens to try it.
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Council Member Kellum requested clarification on whether Council reached consensus to bring
back an Item addressing Specimen Tree diameter and fee for removal. City Manager Morley stated
Staff can bring it back next month. Council Member Kellum discussed attending the Veterans Day
and Trunk or Treat events and thanked Staff for working hard.
City Manager Morley thanked Staff, Brevard County Sheriff's Office and Canaveral Fire Rescue;
and thanks to Brevard County for giving the City foggers obtained through the CARES Act; and
expressed appreciation to City Council for their support.
ADJOURNMENT: The Meeting was adjourned at 9:56 P.M.
Bob Hoog, Mayor
Mia Goforth; City Clerk
SEAL
City of Cape Canaveral, Florida