HomeMy WebLinkAboutcocc_council_mtg_minutes_20210119CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
January 19, 2021
6:00 P.M.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:01 P.M. Council
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor
Council Member
Council Member
Mayor Pro Tem
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
Human Resources/Risk Management Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Brevard County Sheriff's Office Lieutenant
Canaveral Fire Rescue Chief
Canaveral Fire Rescue Deputy Chief
Canaveral Fire Rescue Assistant Chief/Fire Marshal
PUBLIC PARTICIPATION: None.
Member Morrison
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
David Dickey
Molly Thomas
Melinda Huser
Gustavo Vergara
Jim Moore
Daniel LeFever
Lisa Day
Andrew Walters
Joanna Siegel
Brian Lockhart
Dave Sargeant
Chris Quinn
Derek Yossifon
PUBLIC PARTICIPATION: None
INTERVIEWS/PRESENTATIONS:
Presentation by resident Steven Longmire regarding Florida Forever grant application for a
potential new 10-acre conservation and recreation park in Cape Canaveral: Mr. Longmire
conducted a PowerPoint presentation to the Council. Mayor and Council thanked Mr. Longmire.
Council reached consensus for Staff to look into the grant program.
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Minutes • Page 2 of 6
CONSENT AGENDA: Mayor Hoog asked if any items needed to be removed for discussion. No
items were removed.
1. Approve Minutes for December 15, 2020 Regular Meeting.
2. Resolution No. 2021-01; approving the application for the Final Plat of the Villas at Fillmore
Townhomes, generally located on Fillmore Avenue, Cape Canaveral; providing for the repeal of
prior inconsistent resolutions, severability and an effective date.
3. Resolution No. 2021-02; honoring the late Cocoa Mayor Jake Williams, Jr.
4. Award bid for construction of Headworks and Tertiary Filter System Improvements at the
Water Reclamation Facility to L7 Construction, Inc. of Longwood, Florida in the amount of
$1,787,700 and authorize City Manager to execute Construction Agreement for same.
A motion was made by Council Member Brown, seconded by Council Member Morrison, to
accept Consent Agenda Items 1-4. The motion carried 5-0.
PUBLIC HEARINGS:
5. Ordinance No. 01-2021; adopting a City -initiated rezoning of several government
owned properties owned respectively either by the City of Cape Canaveral or the Canaveral
Port Authority related to lands with current Future Land Use Map classification of
"Conservation" and currently being used by said government entities as conservation and
public or recreation uses within the jurisdictional limits of the City of Cape Canaveral;
specifically changing the Zoning Map designation of the properties generally referred to as
Banana River Park, the Northern portion of Manatee Sanctuary Park and a portion of Canaveral
Port Authority property located within the Northwest portion of the City along the Banana
River; from their respective current City Zoning designations to the City "Conservation" Zoning
District designation; providing the properties subject to this Ordinance are more particularly
depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability and an effective date, first reading: City
Attorney Garganese read the title into the record and reviewed the Item. The Public Hearing was
opened. Steven Longmire, resident, inquired if the properties are a public park and the nature of
the "Conservation" Zoning District. Mayor Hoog confirmed that status of both. Nate Schwartz,
property owner, declined to comment. There being no further comment, the Public Hearing was
closed. Discussion continued and included confirmation that properties referenced were publicly -
owned. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem
Raymond, to approve Ordinance No. 01-2021 at first reading. The Motion carried 5-0.
6. Ordinance No. 02-2021; adopting a City -initiated rezoning of several government
owned properties owned respectively either by the City of Cape Canaveral, Brevard County or
the Brevard County School District related to lands with current Future Land Use Map
classification of "Public/Recreation" and currently being used by said government entities as
either public or recreation uses within the jurisdictional limits of the City of Cape Canaveral;
specifically changing the Zoning Map designation of the properties generally referred to as the
Old City Hall Complex and Sheriff's Office, City Recreation Center, City Library, Wastewater
Reclamation Facility, Cape View Elementary, Cherie Down Park, Canaveral City Park, Southern
portion of Manatee Sanctuary Park and City property located at 200 Long Point Road (Patriots
Park) from their respective current City Zoning designations to the City "Public/Recreation"
Zoning District designation; providing the properties subject to this Ordinance are more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Minutes • Page 3 of 6
repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first
reading: City Attorney Garganese read the title into the record and reviewed the Item. The Public
Hearing was opened. There being no comment, the Public Hearing was closed. Discussion
continued and included confirmation that properties referenced were publicly -owned. A motion
was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to approve
Ordinance No. 02-2021 at first reading. The Motion carried 5-0.
7. Ordinance No. 03-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of approximately 8.64 acres of real property
owned by the Canaveral Port Authority currently being used and commonly known as the
Southern portion of Jetty Park, and more particularly depicted and legally described on Exhibit
"A" attached hereto, from "R-3 Residential" to "Public/Recreation;" providing for the repeal of
prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the title
into the record and reviewed the Item. Discussion ensued and included the location of the
property and noticing of the Canaveral Port Authority. The Public Hearing was opened. There
being no comment, the Public Hearing was closed. A motion was made by Council Member
Brown, seconded by Mayor Pro Tem Raymond, to approve Ordinance No. 03-2021 at first
reading. The Motion carried 5-0.
8. Ordinance No. 04-2021; adopting a City -initiated rezoning of approximately 8.64 acres
of real property owned by the Canaveral Port Authority currently being used and commonly
known as the Southern portion of Jetty Park from the current City Zoning designation to the
City "Public/Recreation" Zoning District designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability and a
conditional effective date, first reading: City Attorney Garganese read the title into the record
and reviewed the Item. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Mayor Hoog, seconded by Mayor Pro Tem
Raymond, to approve Ordinance No. 04-2021 at first reading. The Motion carried 5-0.
9. Ordinance No. 05-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of property owned by the City of Cape
Canaveral and generally known as Long Point Park (approximately 7.88 acres), and more
particularly depicted and legally described on Exhibit "A" attached hereto, from a split of "R-1
Residential" and "Conservation" to entirely "Conservation;" providing for the repeal of prior
inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive
Plan and an effective date, first reading: City Attorney Garganese read the title into the record
and reviewed the Item. The Public Hearing was opened. There being no comment, the Public
Hearing was closed. A motion was made by Council Member Kellum, seconded by Mayor Pro
Tem Raymond, to approve Ordinance No. 05-2021 at first reading. The Motion carried 5-0.
10. Ordinance No. 06-2021; adopting a City -initiated rezoning of approximately 7.88 acres
of real property owned by the City of Cape Canaveral currently being used as Conservation and
commonly known as Long Point Park from the current City Zoning designation to the City "R 1
Residential" to "Conservation" Zoning District designation; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Minutes • Page 4 of 6
and a conditional effective date, first reading: City Attorney Garganese read the title into the
record and reviewed the Item. The Public Hearing was opened. There being no comment, the
Public Hearing was closed. A motion was made by Council Member Brown, seconded by
Council Member Morrison, to approve Ordinance No. 06-2021 at first reading. The Motion
carried 5-0.
11. Ordinance No. 07-2021; adopting a small scale Future Land Use Map amendment by
changing the Future Land Use Map designation of several properties owned by the City of Cape
Canaveral and generally known as the City Hall Complex four (4) parcels totaling approximately
1.16 acres), City Fire Station (approx. 0.58 acres), 300 Washington Avenue (Bennix Park)
(approximately 0.61 acres), and 8820 North Atlantic Avenue (Wagner Park) (approximately 0.22
acres), and more particularly depicted and legally described on Exhibit "A" attached hereto,
from "C-1 Commercial" or "R-2 Residential" to "Public/Recreation;" providing for the repeal of
prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the title
into the record and reviewed the Item. Discussion ensued and included the eastern -most
referenced property and its status as part of the new City Hall parking area. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. A motion was made by
Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Ordinance
No. 07-2021 at first reading. The Motion carried 5-0.
12. Ordinance No. 08-2021; adopting a City -initiated rezoning of several government
owned properties owned by the City of Cape Canaveral and currently being used as either
public or recreation uses within the jurisdictional limits of the City of Cape Canaveral;
specifically changing the Zoning Map designation of the properties generally referred to as
City Hall Complex, City Fire Station, and City properties located at 300 Washington Avenue
(Bennix Park) and 8820 North Atlantic Avenue (Wagner Park); from their respective current City
Zoning designations to the City "Public/Recreation" Zoning District designation; providing the
properties subject to this Ordinance are more particularly depicted and legally described on
Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and
resolutions, severability and a conditional effective date, first reading: City Attorney Garganese
read the title into the record and reviewed the Item. The Public Hearing was opened. There being
no comment, the Public Hearing was closed. A motion was made by Council Member Morrison,
seconded by Council Member Brown, to approve Ordinance No. 08-2021 at first reading.
The Motion carried 5-0.
13. Ordinance No. 09-2021; amending Chapter 78, Article II.— Sanitary Sewer System related
to the administrative enforcement of the provisions stated therein; providing for the
clarification of applicable penalties; providing for the use of a Special Magistrate for
administrative proceedings involving violations by industrial and commercial users of the City's
sewer system; providing for 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 reviewed the Item. Discussion ensued and included
permitting procedure, commercial and industrial discharges, Florida Department of Environmental
Protection and City requirements regarding sewage treatment and the Ordinance will help the
City meet those obligations. The Public Hearing was opened. Malcolm Petit, resident, inquired
about pre-existing businesses impact on lift stations. City Manager Morley suggested Mr. Petit
meet with Public Works Director James Moore regarding particular and individual requirements
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Minutes • Page 5 of 6
for businesses. Nate Schwartz, property owner, declined to comment. The Public Hearing was
closed. A motion was made by Council Member Kellum, seconded by Mayor Hoog, to
approve Ordinance No. 09-2021 at first reading. The Motion carried 5-0.
14. Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation
rentals; making findings of facts; providing for definitions; requiring vacation rental
registration; requiring inspections; specifying duties of vacation rental owners and allowing
agents; providing for maximum occupancy; providing limited exceptions for pre-existing
contracts; providing requirements of vacation rental owners and agents related to sexual
predators and offenders; requiring provisions for providing and posting safety information for
occupants of vacation rentals; providing restrictions related to accessory structures; providing
enforcement; providing for other miscellaneous provisions; 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 reviewed
the Item. Discussion ensued and included occupancy caps, posting of safety notices and contact
information of property owners for transients, accessory structures and prohibiting their use, the
impacts on residential areas of short-term rental properties used for entertainment purposes and
parties, the number of residential units in the City, noticing every resident and unit in the City, the
outreach required should the Ordinance pass, increasing fines for violation, resolving parking and
noise issues, Florida Senate Bill 522 preempts the regulation of vacation rentals which takes away
home rule from municipalities, placement of a force majeure clause in the contract with the
compliance company, encouragement of citizens in opposition to the preemption bill to contact
their Senators, enforcement of seven-day minimum, concerns over administrative costs and how
the Ordinance will fix trash, noise and parking issues, overreach of listing occupants ages for
registration process, majority of short-term rental owners are responsible, the Space Coast League
of Cities and Florida League of Cities both have advocacy teams prioritizing short-term rental
legislation, residential rules versus vacation occupancy rules, enforcing the City Code as written
versus creating an ordinance specifically related to short-term vacation rentals, current
compliance tools of the City are reactionary whereas, this Ordinance can be proactive, businesses
in a residential area disrupts the character of neighborhoods, the measure will lift some of the
burden off of law enforcement and concerns over freedoms and liberties. Mayor Hoog recessed
the meeting at 7:59 p.m. The meeting was reconvened at 8:09 p.m. Discussion continued and
included working through the rest of the Ordinance at second reading and whether hiring a
compliance company is necessary. The Public hearing was opened. Kay Jackson, resident,
expressed concerns regarding cost feasibility and suggested the Fire Department assist tracking
occupancy limits and parking as a way to use the tools already in place. Andrea Shea King,
resident, discussed the positive experience with the vacation rental property owner adjacent to
her home and expressed support for vacation rental properties since the City is a popular
destination. Joe Salgot, resident and business owner, expressed support for vacation rental
properties and enforcing regulations the City already has. Steve Longmire, resident, discussed
vacations rentals impact to his job as tour guide for the area and difficulties in being able to afford
to rent a home in Cape Canaveral. Nate Schwartz, property owner, voiced support for vacation
rental properties, concerns over enforcing the proposed Ordinance and the language regarding
sexual predators. Michelle Wiedenhoeft, property owner, agreed problem properties should be
held accountable and expressed concerns over vacation rental owner duties and responsibilities
related to sexual offenders/predators. Vernon Crane, property owner, expressed concerns over
using management companies to vet customers in regard to the vacation rental owner duties and
City of Cape Canaveral, Florida
City Council Meeting • January 19, 2021
Minutes • Page 6 of 6
responsibilities related to sexual offenders/predators. City Attorney Garganese provided the
current Brevard County Ordinance requirements related to predators and the obligation to
announce to local law enforcement by the property owner. Ryan Moreau, resident and property
owner, discussed positive experiences related to vacation rental properties and expressed concern
for flexibility related to 7-day minimum stay requirement for certain types of visitors such as
contractors. Jo Sojourner, resident, expressed support for the proposed Ordinance and regulation
of short-term vacation rental properties. There being no further comment, the Public Hearing was
closed. Discussion continued and included how the proposed regulation of short-term vacation
rentals was driven by citizens, maximum overnight occupancy, the difference between
municipalities in how to regulate the issue, hiring a compliance company, the need to see more
data regarding violations and how rules are not for the people who obey them but for the ones
who violate them. City Manager Morley advised Council of the Public Hearing schedule listed on
the last page of the Agenda Item. Discussion continued on the list of revisions to the proposed
Ordinance, which issues Council prefers the Planning and Zoning Board to review on January 27,
2021, how the Ordinance could be preempted by the State after the fact and accessory structures.
A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to
approve Ordinance No. 10-2021, at first reading, with the Planning and Zoning Board to
review maximum overnight occupancy, inspections, duty for property owner to be available
as it relates to 3-year registry and accessory structures. The Motion carried 5-0.
REPORTS:
City Manager Morley discussed speaking with individual Council Members regarding the need for
a City Council Workshop regarding the Draft Resiliency Plan. Council reached consensus to meet
Tuesday, February 2, 2021 at 6 p.m.
Council Member Morrison expressed thanks to Staff for the street light inventory update and
looking forward to the Annual Sea Oats Planting on January 30, 2021.
Council Member Kellum thanked Staff for all the work on the Zoning and Land Use project by the
Community Development Department and the City Attorney.
ADJOURNMENT: The Meeting was adjourned at 9:18 P.M.
Bob Hoog, Mayor
Mia Goforth; City Clerk
SEAL of Cape Canaveral, Florida