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HomeMy WebLinkAboutcocc_council_mtg_minutes_20211019CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday October 19, 2021 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Morrison 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 (attended via GoToWebinar) 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 Deputy City Clerk Senior Planner Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara James Moore Daniel LeFever Brenda Surprenant Lisa Day Brett Lockhart Chris Cardinal PUBLIC PARTICIPATION: Belinda Roldon, business owner/tenant at 7404 North Atlantic Avenue, discussed concerns and requested help from the City regarding the process of relocating a business due to the City's purchase of the building. Discussion ensued and included Council concerns for the businesses located at 7404 North Atlantic Avenue and the possibility of the Community Redevelopment Agency (CRA) Board providing assistance for relocation when the time comes. City Attorney Garganese clarified that in September, Council approved the terms of the month -to -month lease agreements not to exceed twelve months and indicated due diligence conducted on behalf of the City was to draft commercial grade leases to include tenant qualifications, security deposits and whether the rent payments are current, protecting the City's interests. Administrative/Financial Services Director explained how commercial leases and tenancy will be subject to audit and offered to research American Rescue Plan Act for relief. Council reached consensus for Staff to bring an Agenda Item addressing the concerns back to the Regular City Council Meeting in November. Smaily Ochoa, business owner/tenant at 7404 City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Minutes • Page 2 of 6 North Atlantic Avenue, discussed concerns and requested help from the City regarding the process of relocating a business due to the City's purchase of the building. PRESENTATIONS/INTERVIEWS: Certificate of Appreciation — Brevard County Sheriff's Office Commander Andrew Walters: Mayor Hoog presented the Certificate to Commander Walters along with a commemorative City coin. Commander Walters thanked and addressed the Council, praising the Staff and the City. Presentation of Proclamation declaring the week of November 1-5, 2021 as "Veterans Small Business Week" to Stuart Smith, Chair of the Space Coast Florida Association of Veteran Owned Businesses: Mayor Hoog presented the Proclamation to Stuart Smith and Heide Gabriella. Mr. Smith thanked Council, and presented a special challenge coin to the Mayor to commemorate the occasion. CONSENT AGENDA: Mayor Hoog asked if there were any Items that need to be removed. Council Member Morrison removed Item 3. 1. Approve Minutes for September 21, 2021 Regular City Council Meeting and September 22, 2021 Special City Council Meeting. 2. Resolution No. 2021-20; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Ron Foleno) 3. Approve Proposal from Kimley-Horn in the amount of $148,000 to prepare the Presidential Streets Vision Plan and authorize City Manager to execute same. A motion was made by Council Member Morrison, seconded by Council Member Brown, to approve Consent Agenda Items 1 and 2. The motion carried 5-0. #3 Discussion ensued and included the Council's high priority of the Project from the Strategic Planning Retreat which was supported by all five Members, the City's responsibility for costs and coordination with Kimley-Horn to notify the public, concerns over low public meeting attendance during the Multi -Generational Facility Project public meetings happening again for this Project, the significance of the Presidential Streets Project, using word-of-mouth to help inform neighbors, a desire to delay approval unless Council receives a minimum number of citizen participation for a workshop at a larger venue, the Presidential Streets Neighborhood Vision Plan Project will run concurrent with the City Re -Visioning, the Presidential Streets Project is technical versus the aspirational nature of the Re -Visioning Plan, and confidence in Staff to handle notification and messaging efforts. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison, to approve Item 3. The motion carried 5-0. PUBLIC HEARINGS: 4. Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, second reading: City Attorney Garganese read the title into the record and explained the Item was referred to the Florida Department of Economic Opportunity (DEO) with no objections. There being no discussion, the Public Hearing City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Minutes • Page 3 of 6 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. 33-2021, at second reading. The motion carried 5-0. 5. Ordinance No. 37-2021; amending the definition of City Park set forth in Section 54-1 of the City Code, 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 explained the Item. The Council read an email (attached herewith) to themselves which was received after the Agenda deadline for public comment from resident Ray Osbourne of Holman Road. There being no discussion, 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. 37-2021, at second reading. The motion carried 5-0. 6. a. Ordinance No. 39-2021; adopted in furtherance of the requirement set forth in Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding $1,200,000 Capital Improvement Revenue Note, Series 2021, of the City to finance the cost of the purchase of the Promenade and related capital improvements and Cost of Issuance; providing for the Series 2021 Note to be secured by the City's Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement, Communications Services Tax and certain Franchise Fees; authorizing the City's financing team to proceed to develop necessary documents; providing for the repeal of prior inconsistent ordinances and resolutions or parts of prior inconsistent ordinances and resolutions in conflict herewith, severability and an effective date, second reading: City Attorney Garganese read the title into the record. Discussion ensued and included support for and against the Project, the desire for a workshop meeting, the opportunity to remove the Promenade Project from the Budget not taken and approved unanimously by the Community Redevelopment Agency (CRA) Board, encouragement to visit the City of Rockledge Civic Hub, building for the future, and responses received from citizens opposed to the Project. The Public Hearing was opened. Lee Vicidomini, resident and property owner, discussed the Council's willingness to help the tenants of the property, the need to progress with harmony, how notification of the public should take place before the City Council takes any actions and recalled what happened during the Parking Meter Item years ago. Joseph Cobbs, III, resident, expressed concerns regarding the community and communication. The Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Ordinance No. 39-2021, at second reading. The motion carried 3-2, with Council Members Kellum and Morrison voting against. b. Resolution No. 2021-21; supplementing City Ordinance No. 39-2021 enacted on October 19, 2021 by accepting the proposal of Synovus Bank to purchase the City's not to exceed $1,200,000 Capital Improvement Revenue Note Series 2021; authorizing the execution and delivery of a loan agreement with said bank to secure the repayment of said note; authorizing the proper officials of the City to take any other action deemed necessary or advisable in connection with the finalization and execution of the loan agreement, the Note, and the security therefor; authorizing the execution and delivery of documents in connection with said loan; designating the Note as "Bank Qualified;" providing for repeal or supersession of prior inconsistent City resolutions or actions; providing for severability and other matters in regard thereto; and providing an effective date: City Attorney Garganese read the title into the record. Discussion ensued and included the principal payment schedule and the Agenda Item City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Minutes • Page 4 of 6 scheduled for the November which is an Agreement between the CRA and the City. Jeff Larson, Larson Consulting Services, discussed past Capital Improvement Revenue Note Series for the City, the positive responses received by four banks and the selected proposed Loan Agreement from Synovus Bank, and how the time to lock in the 1.61 % interest rate is limited. Discussion continued regarding how the CRA did not figure into this transaction, healthy financial shape of the City, concerns over infrastructure and flooding, the Agreement between the City and County regarding Cherie Down Park is in the review process by Brevard County, and City Stormwater Projects are progressing. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-21. The motion carried 3-2, with Council Members Kellum and Morrison voting against. Mayor Hoog recessed the meeting at 8:00 p.m. The meeting reconvened at 8:26 p.m. 7. a. Ordinance No. 25-2021; adopting a property owner initiated small scale Future Land Use Map amendment by changing the Future Land Use Map designation of a parcel of property described as tax parcel ID: 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from "C-1 Commercial " to "R-2 Medium Density Residential;" 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, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the title into the record. Senior Planner Surprenant explained the Item. The Council read an email (attached herewith) to themselves which was received after the Agenda deadline for public comment from resident Ray Osbourne of Holman Road. Discussion ensued and included how the State preempted what the City can do regarding trees, questions and information provided by the Applicant/Owner who stated he and his associate investor will try to save as many trees as possible. 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. 25-2021, at first reading. The motion carried 5-0. b. Ordinance No. 26-2021; adopting a property owner initiated rezoning of a parcel of property described as Tax Parcel ID. 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from the current City "C-1 Low Density Commercial Zoning District designation to the City "R-2 Medium Density Residential" 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 an effective date, first reading: City Attorney Garganese read the title into the record and explained 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. 26-2021, at first reading. The motion carried 5-0. 8. Ordinance No. 36-2021; amending Chapter 110, Land Development Regulations, Section 110-1 Definitions and Article IX Supplemental District Regulations, Division 4 Home Occupations of the City Code to comply with recent legislation adopted by the Florida Legislature related to home based businesses; making conforming amendments to the City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Minutes • Page 5 of 6 schedule of Zoning District regulations and other provisions of the City Code to comply with said legislation; providing for repeal of prior the inconsistent ordinances resolutions, and 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 State preemptions to regulating home -based businesses (HBBs), amending the Code accordingly, erosion of municipal home rule over time, potential impacts to cities and residential neighborhoods, Legislature does not provide definition of HBBs, HBBs will remain subject to general ordinances such as public nuisance and parking regulations, the importance of home rule, how the measure was fought by the Florida League of Cities and Space Coast League of Cities, and the State's economic development effort in allowing the public to operate businesses out of their homes: The Public Hearing was opened. Joseph Cobbs, III, resident, discussed support for HBBs and how worst case scenarios may not necessarily happen. The Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Mayor Hoog, to approve Ordinance No. 36-2021, at first reading. The motion carried 4-1, with Council Member Kellum voting against. 9. Ordinance No. 40-2021; 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, 2020, and ending September 30, 2021; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading: City Attorney Garganese read the title into the record. Administrative/Financial Services Director DeLeo explained the Item. Discussion ensued and included the Comprehensive Annual Financial Report will show any unspent funds after all the invoices are received, Collection System Maintenance is related to the Waste Water Treatment Plant and those costs represent normal City business. 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 Morrison, to approve Ordinance No. 40-2021, at first reading. The motion carried 5-0. ITEMS FOR DISCUSSION: 10. Remote, Two -Way Participation during City Meetings: City Manager Morley discussed dwindling numbers of online attendees, the idea of bringing back the two-way participation option as suggested last month, cost data analysis performed by Cultural and Community Affairs Director Thomas, problematic nature of the City's current virtual meeting software platform, bandwidth issues, civility -based issues, challenges in maintaining proper meeting decorum, improving meeting production and recording, City's YouTube channel attracts largest audience and suggested focusing on using additional resources and funds to create better professional videos for posterity. Discussion ensued and included support for City Manager Morley's suggestion as a good business decision, remote two-way communication allowing citizen input being a direct result of the COVID-19 Pandemic, opinion that citizens be required to attend in - person at public meetings is archaic, support for part-time service to produce remote, two-way meetings, community feedback regarding the need to reduce the length of Council Meetings, opinion that 4-hour long meetings are a disservice to citizens, City Council Meetings are business meetings, presentations and comments should only take two -to -three minutes, convenience of participating from home, multiple ways for public participation, and transparency. Cultural and Community Affairs Director Thomas discussed data and virtual attendance numbers which many times represent City Staff. Discussion continued regarding changing public meeting software City of Cape Canaveral, Florida City Council Regular Meeting • October 19, 2021 Minutes • Page 6 of 6 platforms, citizen comfort levels for in -person attendance and budgeting to make such a purchase worthwhile. City Manager Morley indicated Staff will continue to explore and research public meeting software and production, will report back in November and thanked Council for being patient. 11. Discussion on the SR A1A Roundabout and Roadway Redesign Projects (Submitted by Council Member Morrison): Discussion ensued regarding extending the Meeting. A motion was made by Council Member Morrison, seconded by Council Member Brown, to extend the City Council Meeting an additional thirty minutes. The motion carried 5-0. Council Member Morrison explained the Item. City Manager Morley discussed how the City Council has yet to officially weigh in on the idea of a modern roundabout and the Florida Department of Transportation (FDOT) process is not finished. Discussion ensued and included oppositional comments received from inside and outside of the City regarding the roundabout, slowing traffic, safety improvements, some neutrality to the roundabout, FDOT attention to Cape Canaveral is a positive, the importance of Council consensus on the Project either way, desire for FDOT to have presented options and Council Member experience with roundabouts. Don Willis, resident and property owner, suggested Council petition the FDOT to implement the original Plan endorsed in Resolution No. 2019-01. Bill Hodge, property owner, expressed support for Mr. Willis' idea. Sarah Hodge, property owner, discussed opposition to the roundabout and support to go back to Council's originally endorsed Plan. Steven Stroud, resident, encouraged viewing the Kimley-Horn conceptual plan from 2016 on the Space Coast Transportation Planning Organization (SCTPO) website and expressed opposition to the roundabout Project. Brad Pervell, resident and property owner, discussed opposition to the roundabout and support for design improvements along SR A1A. Bruce Robertson, resident and property owner, discussed opposition to the FDOT Project and concerns as a pedestrian in the City. Lee Vicidomini, resident and property owner, discussed opposition to roundabouts, the need for a traffic light at the intersection of Columbia Drive and Church Street and concern over exiting on Harrison and Jackson Streets. Michele French, business owner, discussed concerns over the Plan preventing access to and losing business due to the Project. Kay Jackson, resident and business owner, discussed concerns regarding FDOT's lack of research and first responders' access to the riverside must be considered. Discussion ensued and included the Plan Council originally supported via the 2019 Resolution, Council's consistent advocacy for safety, improvements and slowing traffic, and desire for a 5-0 vote of Council Members to reach a consensus or vote on a resolution either way. City Manager Morley discussed there is time to continue discussion, a new Resolution is a great idea and suggested inviting the SCTPO or an independent consultant to speak on these points. REPORTS: None. ADJOURNMENT The Meeting was adjourned at 10:23 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk From: RavK Osborne To: City Clerk Subject: Comments for City Council meeting. Date: Tuesday, October 19, 2021 1:11:04 PM I Raymond Osborne cannot make the meeting, so hereby email you my comments. 1) Ordinance No. 37-2021; amending the definition of City Park set forth in Section 54-1 of the City Code, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, second reading. I would ask for more refinement of the volume of use for a Conservation area and discuss a "Preserve" designation. 7. b. Ordinance No. 26-2021; adopting a property owner initiated rezoning of a parcel of property described as Tax Parcel ID. 24-37-23-CG-13-4 and legally described as the East 1/2 of Lot 4 and Lots 5, 6, 7 and 8, Block 13, Avon by the Sea, according to the plat thereof, as recorded in Plat Book 3, page 7, of the public records of Brevard County, Florida from the current City "C-1 Low Density Commercial Zoning District designation to the City "R-2 Medium Density Residential" 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 an effective date, first reading.These vacant lots on Jefferson and Poinsetta zoned R-2, duplexes or townhouses would be compatible with the neighborhood. There are large native trees that shade the sidewalks/road and benefit the community, contributing to its "Vision". I would propose that those trees, at least, not be permitted for removal. I would be very interested in citizen input. Single family homes are also in the immediate area. Respectfully yours, Raymond "Ray" Osborne 321-345-1715 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.