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HomeMy WebLinkAboutcocc_council_mtg_minutes_20210216CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday February 16, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Council Member Kellum led the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation. 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 Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director City Planner Sustainability Manager/Planner Deputy City Clerk Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Corporal Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo David Dickey Molly Thomas Gustavo Vergara Jim Moore Brenda Defoe-Surprenant Zachary Eichholz Daniel LeFever Lisa Day Andrew Walters William Dasher, Jr. Dave Sargeant Christopher Quinn PUBLIC PARTICIPATION: Ginny Dirschka, property owner, discussed citizen concerns over removal of native trees in the area of Sandpiper Park as part of the Multi -Generational Facility Project at Canaveral City Park, a possible revision to the parking plan discussed in a meeting with City Manager Morley to save some or all of the trees and urged the City Council to take action to delay the scheduled removal of trees the following day. Brad Pervell, resident and property owner, thanked Brevard County Sheriff's Officers for services, discussed meeting with City Manager Morley, efforts that can be made to save a number of trees at the Park and concerns over an Osprey nest no longer in the Baseball field area. Cheryl Procell, resident and property owner, discussed the effects removing trees will have on the environment, wildlife and quality of life around the area and urged for compromise. City of Cape Canaveral, Florida City Council Meeting • February 16, 2021 Minutes • Page 2 of 7 City Manager Morley recapped his meeting on February 16, 2021 with citizens and Council Member Morrison regarding a citizens' initiative to save certain trees scheduled for removal as part of the Multi -Generational Facility/Canaveral City Park Redevelopment Project located in the South -East area known as Sandpiper Park and along Harrison Avenue. City Manager Morley explained the group discussed trees versus parking and using Ordinance No. 06-2020, adopted December 2020, to authorize administrative approval of parking space size reductions with a goal for tree preservation wifh fewer parking spaces, striving to preserve oak, sea grape and palm species, in that prioritized order, and re -design work developed quickly to avoid delay of the Project. Council discussion ensued and included Council standing together on environmental issues. Council reached consensus to authorize Staff to create and execute a plan for a cost- effective civil re -design, for that portion of the Multi -Generational Facility/Canaveral City Park Redevelopment Project, which would result in parking space reduction, the preservation of as many oak, sea grape and palm species in that prioritized order, as possible, in the two specified areas; and that such plan will be ratified at the March 16, 2021,. Regular City Council Meeting. Penny Holladay, business owner, expressed concerns regarding Agenda Item 13, Ordinance No. 10-2021, first reading, urging the Council to take careful consideration of the measure. INTERVIEWS/PRESENTATIONS: Presentation of Proclamation honoring Bob Scott, longtime City resident and member of the City's bicyclist community: Mayor read the Proclamation and presented it to Mr. Bill Skinner. Mr. Skinner presented a check to the City and Brevard County Sheriff's Precinct Commander Walters in the amount $3,000.00, thanked everyone and stated the event will continue to raise funds for the City of Cape Canaveral/Brevard County Sheriff's Canaveral Precinct Police Athletic League and the youth of Cape Canaveral. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2020 — Presentation by Zach Chalifour, James Moore & Co.: Certified Public Accountant Zach Chalifour made the presentation to City Council. Council thanked Staff and the auditors. Administrative/Financial Services Director DeLeo confirmed the City has received all' funds from FEMA related to every past hurricane, should be receiving refunds related to COVID-19 within the next six months and thanked his Staff. CONSENT AGENDA: Mayor Hoog. asked if any Items needed to be removed for discussion. Council Member Kellum removed Item 3. 1. Approve Minutes for January 19, 2021 Regular Meeting and February 2, 2021 Workshop. 2. Resolution No. 2021-03; banning the use of herbicides containing glysophate on City -owned or managed properties; providing for distribution of this Resolution, the repeal of prior inconsistent resolutions, severability and an effective date. 3. Award contract for Commercial Recreational Franchise for provision of Surf Instruction at the sand and beach areas within the boundaries of the City limits, to Flohana, LLC.; and authorize the City Manager to sign contract for the same. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to pass Items 1 and 2 on the Consent Agenda. The motion carried 5-0. City of Cape Canaveral, Florida City Council Meeting'• February 16, 2021 Minutes • Page 3 of 7 3. Discussion ensued and included review of the company conducted by Staff related to performance history, criminal background checks, qualification requirements and enforcement, this being the single proposal submitted to the City, the Vendor Agreement prohibits other companies from operating the same type of business within the City limits and possible surf instruction during the City's Summer Camp program if COVID-19 poses no risk. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to pass Consent Agenda Item 3. The motion carried 5-0. City Manager Morley advised of the need for acceptance of the Annual Audit presented earlier. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2020. The motion carried 5-0. PUBLIC HEARINGS: City Attorney Garganese summarized Agenda Items 4 through 11 as re- zoning and Comprehensive Plan Ordinance Nos. 01 through 08-2021 with each parcel therein owned by local governments within the City. 4. 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, second reading: City Attorney Garganese read the title into the record. 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 adopt Ordinance No. 01-2021, second reading. The Motion carried 5-0. 5. 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 repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was City of Cape Canaveral, Florida City Council Meeting • February 16, 2021 Minutes• Page 4 of 7 opened. Ginny Dirschka, property owner, asked the reason for the changes in zoning designations. City Attorney Garganese explained Council is putting the appropriate zoning district designations on the properties that match the existing use. Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Kellum, to adopt Ordinance No. 02-2021, second reading. The Motion carried 5-0. 6. 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, second reading: City Attorney Garganese read the title into the record. 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 adopt Ordinance No. 03-2021, second reading. The Motion carried 5-0. 7. 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, second reading: City Attorney Garganese read the title into the record. 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 adopt Ordinance No. 04-2021, second reading. The Motion carried 5-0. 8. 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, second reading: City Attorney Garganese read the title into the record. 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 adopt Ordinance No. 05-2021, second reading. The Motion carried 5-0. 9. 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 and a conditional effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City of Cape Canaveral, Florida City Council Meeting • February 16, 2021 Minutes • Page 5 of 7 A motion was made by Council Member Kellum, seconded by Council Member Brown, to adopt Ordinance No. 06-2021, second reading. The Motion carried 5-0. 10. 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, second reading: City Attorney Garganese read the title into the record. 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 adopt Ordinance No. 07-2021, second reading. The Motion carried 5-0. 11. 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, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Ordinance No. 08-2021, second reading. The Motion carried 5-0. 12. 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, second 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 adopt Ordinance No. 09-2021, second reading. The Motion carried 5-0. 13. 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 City of Cape Canaveral, Florida City Council Meeting • February 16, 2021 Minutes • Page 6 of 7 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, second reading: City Attorney Garganese read the title into the record and reviewed the Item. Discussion ensued and included City Council's previous direction for the Planning and Zoning Board to review the Ordinance before second reading, the Planning and Zoning Board's request in turn for additional time to make its recommendation, whether Council would like to make a decision to postpone the second reading to accommodate the Board's request, a previous request from Council Member Kellum to hold a City Council Workshop to allow additional feedback from the public regarding short-term rentals and municipal Home Rule and an additional request for Council consensus for a City Council Workshop Meeting Wednesday, March 3, 2021 for same, the suggestion to send citizens to the next Planning and Zoning Board Meeting instead to voice concerns, pros and cons of both suggestions, urgency to do something before the State Legislature takes action and the point being moot should the State preempt municipal regulations. City Manager Morley confirmed Council Member Kellum or Morrison will contact the City Clerk's Office to confirm the date and time of a public meeting, assuming nothing changes. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to postpone the second reading of Ordinance No. 10-2021 to March 16, 2021. The Motion carried 5-0. Discussion ensued regarding meeting procedure for official City Council Meetings versus non -official open, public meetings of one or two elected officials. City Attorney Garganese advised if three elected officials agree in advance to a Council Meeting, it should to be advertised as such; if more than two show up to an open public meeting that was not advertised as an official City Council Meeting, it is just an open public meeting and therefore no formal rule for procedure of the meeting applies because it was not advertised in advance as a duly noticed Council Meeting. 14. Ordinance No. 11-2021; amending Chapter 98, Subdivisions, Division 5. — Lot splits to authorize certain unapproved lot splits occurring prior to March 16, 2010 under the requirements set forth herein; 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 the history and reasons for unauthorized lot splits in the City, the Ordinance allows equitable relief for certain properties, current language in the Code, the intent of the Ordinance to address those properties that do not have construction on the lot and all other instances require after the fact lot splits, local government laws and regulations, City authority to issue permits but not record deeds, the overlapping responsibilities of local government agencies and current pending applications for lot splits. The Public Hearing was opened. Alexander Ganz, property owner, inquired and expressed concerns regarding public input received in considering the vacation rental Ordinance. Patrick Campbell, resident and property owner, expressed concerns regarding property located on Surf Drive, the lot split Ordinance and a possible discrepancy in the City Code related to properties having direct access to public or private streets. The Public Hearing was closed. Discussion ensued and included the concerns raised by the speakers and the public is encouraged to contact the City. City Attorney Garganese advised gathering data about the lots being discussed, address additional provisions before or during the second and final reading including concerns raised regarding indirect access and compatibility with the surrounding neighborhood and no need to postpone to preserve advertising requirements. Discussion continued whether to approve the Ordinance at first City of Cape Canaveral, Florida City Council Meeting • February 16, 2021 Minutes • Page 7 of 7 reading or postpone until the next City Council Meeting. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to postpone the first reading of Ordinance No. 11-2021 until March 16, 2021. City Manager Morley received clarification from Council to bring back additional information regarding the approximate count of the lots in question and definition of direct ingress/egress as it differs from indirect ingress/egress and easements. The Motion carried 5-0. ITEM FOR ACTION 15. City Council Selection of the 2021 Space Coast League of Cities Advocacy Team Member: Mayor Hoog explained the Item and opened the floor to nominations. Discussion ensued. Council Member Kellum nominated herself. Council Member Brown nominated Mayor Pro Tem Raymond. Discussion ensued and included procedure of nominations, voting, reasons the nominees would like to serve, the importance of the Advocacy Team Member designation and attendance at meetings. City Attorney Garganese advised Council on how to proceed. Discussion ensued on the nominees' qualifications and experience. A motion was made by Council Member Morrison, seconded, by Mayor Hoog, to appoint Council Member Kellum as the City's Space Coast League of Cities Advocacy Team Member. Motion carried 4-1, Council Member Brown voting against. Discussion ensued regarding Space Coast League of Cities meetings being held virtually on Zoom and anyone can attend. REPORTS Council Members and City Manager Morley thanked Staff for their efforts related to the Re- zoning Project, the State of the City and the Auditors Report. ADJOURNMENT: The Meeting was adjourned at 8:44 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk SEAL City of Cape Canaveral, Florida