HomeMy WebLinkAboutcocc_council_mtg_minutes_20220118_600regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
January 18, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 8:18 p.m. Mayor Pro Tem Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Mayor
Council Member
Council Member
Kim Davis
Mickie Kellum
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Community and Economic Development Director
Cultural + Community Affairs Director
Leisure Services Director
Public Works Services Director
Deputy City Clerk
Deputy Community and Economic Dev. Director
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Dave Dickey
Molly Thomas
Gustavo Vergara
James Moore
Daniel LeFever
Zachary Eichholz
Byron Keck
Brett Lockhart
Scott Molyneaux
PUBLIC PARTICIPATION: Andrew Dodge, resident, discussed adherence to the City Council
Code of Conduct, the need to reduce length of meetings, moving power lines underground,
support for referendum to limit project costs, and recommendation for Council to adopt an
ordinance or force a referendum for same. Bruce Robertson, resident, discussed opposition to a
roundabout on State Road A1A. Sarah and Bill Hodge, property owners, both discussed opposition
to a roundabout on State Road A1A. Jim Cannon, Intergovernmental Coordinator with St. Johns
River Water Management District, introduced himself as the new Coordinator and replacement
for Abby Johnson, discussed background, and offered services to the City. Scott Holmes, resident
and property owner, requested an update regarding the Waste Pro discussion from the Regular
City Council Meeting of December 21, 2021 and discussed support for allowing other small
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Minutes• Page 2 of 7
dumpster companies to provide services to the community. City Manager Morley confirmed he
spoke with Waste Pro Municipal Liaison Platt Loftis who is checking on the terms of the Contract
and requested Mr. Holmes contact the City Manager for an answer within the next couple of days.
Mr. Holmes thanked Council and City Manager Morley. Kay Jackson, resident and property owner,
discussed concerns regarding ProChamps carrying out the terms of its Contract with the City to
identify businesses operating out of compliance, how some businesses avoid citation and the
conclusion that if she does business under the table she will not get caught. Mayor Morrison
discussed ProChamps is present and his intention to meet with Ms. Jackson. Ray Osborne,
resident, discussed a.continual beach clean-up program he challenges the City to implement.
Mayor Morrison complimented and thanked Mr. Osborne.
PRESENTATIONS/INTERVIEWS:
Interview Applicant for appointment to the Culture and Leisure Services Board. (Mike Truitt):
Mr. Truitt discussed his background and interest in serving on the Board. Council addressed and
thanked Mr. Truitt. City Attorney Garganese confirmed with Mr. Truitt, the information contained
within his application was true and correct.
Presentation to the Financial Services Department of The Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2020: Mayor Morrison
presented the Certificate to Administrative/Financial Services Director DeLeo who in turn
recognized Financial Services Staff efforts. Council congratulated Mr. DeLeo and Staff.
Presentation of Proclamation, declaring the week first week of February 2022 as "Sustainability
Week" in the City of Cape Canaveral, to Community and Economic Development Deputy
Director and Sustainability Manager Zachary Eichholz: Mayor Morrison read the Proclamation
and presented it to Community and Economic Development Director Dickey who explained the
Proclamation is a Mission Statement to be implemented. Council Member Raymond announced
the Annual Sea Oats Planting is the first week of February.
CONSENT AGENDA:
1. Approve Minutes for December 7, 2021 Special City Council Meeting and December 21,
2021 Regular City Council Meeting.
A motion was made by Council Member Willis, seconded by Council Member Raymond, to
approve Consent Agenda Item 1. The motion carried 5-0.
2. Ordinance No. 01-2022; authorizing the short term lease of office space to any existing
tenant(s) of the building located at 7404 N. Atlantic Avenue, Cape Canaveral, Florida
("Property") upon such time the City acquires the property in accordance with the pending
Contract for Purchase and Sale; providing that the City Council may approve a written lease
with such tenant(s) in accordance with the terms and conditions required by this Ordinance;
providing for the repeal of prior inconsistent ordinances and resolutions, severability and a
conditional effective date; second reading: Mayor Morrison explained the Item needed to be
removed from the Agenda as the Ordinance no longer being relevant. A motion was made by
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Council Member Raymond, seconded by Council Member Davis, to remove Ordinance No.
01-2022 from the Agenda. The motion carried 5-0.
Council reached consensus to hear Item No. 13 prior to the Public Hearing Items.
INFORMATIONAL: Item presented for informational purposes only and no action will be taken.
13. ProChamps Update: ProChamps National Government Relations Director Scott Blasie
discussed efforts to improve/repair deficiencies in their services to the City including meeting with
City Manager Morley, Community and Economic Development Director Dickey and Senior Code
Enforcement Officer Brian Palmer, and hopes that citizens will continue to share concerns. Council
thanked Mr. Blasie.
PUBLIC HEARINGS: Council reached consensus to hear Item No. 8 before Item No. 3 to
accommodate the attendees present related to Item No. 8. City Manager Morley provided an
overview of the Public Hearing Items related to the protection of residential property rights.
8. Ordinance No. 23-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property located
along the North and South Side and End of Oak Lane, and more particularly depicted and
legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;"
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, first reading: Community and
Economic Development Director Dickey explained the issues regarding legal, non -conforming
properties made so by removal of Special Exceptions from the City Code. City Attorney Garganese
explained both Items, read both titles into the record, advised opening the Public Hearing for both
Ordinances, and Council vote on each item separately. The Public Hearing was opened. Kim
Rezanka, counsel representing Don Haynes the owner of 143 Oak Lane, explained their objection
to the future land use change and why. Discussion ensued and included Planning and Zoning
Board discussions with the property owner regarding plans for a residential development years
ago, the roadwork planned for Oak Lane, property owners may provide input at the next City
Council Meeting, the process for amendments to the Site Plan regarding compatibility, there
being no other Oak Lane property owners in objection to the measure that is yet known, and
providing mailers to property owners. Shannon Roberts, resident, discussed support for the
proposal and stated N. Atlantic Avenue is prime for the City Visioning. John Stevely, resident and
business owner, discussed opposition to the measure. The Public Hearing was closed. A motion
was made by Council Member Raymond, seconded by Council Member Willis, to approve
Ordinance No. 23-2021, as presented subject to removing 143 Oak Lane from the
Ordinance, at first reading. The motion carried 4-1, with Mayor Pro Tem Kellum voting
against. Ordinance No. 24-2021; adopting a City -initiated rezoning of Several Parcels of
Property located along the North and South Side and End of Oak Lane from their respective
current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium
Density Residential 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: A motion was made by Council Member Raymond, seconded by
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Minutes • Page 4 of 7
Council Member Davis, to approve Ordinance No. 24-2021, as presented subject to
removing 143 Oak Lane from the Ordinance, at first reading. The motion carried 4-1, with
Mayor Pro Tem Kellum voting against.
3. Ordinance No. 13-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property generally
known as Ocean Gardens located on Ocean Garden Lane, and more particularly depicted and
legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;"
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 both titles into the record. A motion was made by Mayor Pro Tem Kellum,
seconded by Council Member Raymond, to extend the Meeting until 10:30 p.m. The motion
carried 5-0. 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
Kellum, to approve Ordinance No. 13-2021, at first reading. The motion carried 5-0.
Ordinance No. 14-2021; adopting a City -initiated rezoning of multiple parcels of real property
generally known as Ocean Gardens located at Ocean Garden Lane from their respective current
City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density
Residential 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: A motion was made by Council Member Raymond, seconded by Council
Member Davis, to approve Ordinance No. 14-2021, at first reading. The motion carried 5-0.
4. Ordinance No. 15-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property generally
known as Sea Spray Townhomes located on Anchorage Avenue, and more particularly depicted
and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2
Residential;" 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 both titles into the record. Mayor Morrison explained the Item.
Discussion ensued regarding the commercial property at the end of Anchorage Avenue is not
included yet but will be in a future ordinance. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Council Member Raymond,
seconded by Council Member Davis, to approve Ordinance No. 15-2021, at first reading.
The motion carried 5-0. Ordinance No. 16-2021; adopting a City -initiated rezoning of Several
Parcels of Property Generally located on Anchorage Avenue and commonly referred to as the
Sea Spray Townhomes from their respective current City C-1 Low Density Commercial Zoning
District designation to the City R-2 Medium Density Residential 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: A motion was
made by Council Member Davis, seconded by Council Member Raymond, to approve
Ordinance No. 16-2021, first reading. The motion carried 5-0.
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Minutes • Page 5 of 7
5. Ordinance No. 17-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property located on
Clara Elizabeth Lane and generally known as the Canaveral Woods Condominium, and more
particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1
Commercial" to "R-2 Residential;" 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 both titles into the record. The Public Hearing was opened.
There being no comment, the Public Hearing was closed. A motion was made by Council
Member Raymond, seconded by Council Member Davis, to approve Ordinance No. 17-2021,
first reading. The motion carried 5-0. Ordinance No. 18-2021; adopting a City -initiated
rezoning of Several Parcels of Property Generally located on Clara Elizabeth Lane and
commonly referred to as the Canaveral Woods Condominium from their respective current
City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density
Residential 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Raymond, to approve Ordinance No. 18-2021, first reading. The motion carried 5-0.
6. Ordinance No. 19-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property located on
Portside Avenue generally known as the Portside Villas Condominium, and more particularly
depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial" to "R-2
Residential;" 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 both titles into the record. The Public Hearing was opened. There
being no comment, the Public Hearing was closed. A motion was made by Council Member
Davis, seconded by Council Member Raymond, to approve Ordinance No. 19-2021, first
reading. The motion carried 5-0. Ordinance No. 20-2021; adopting a City -initiated rezoning
of Several Parcels of Property Generally located on Portside Avenue and commonly referred to
as the Portside Villas Condominium from their respective current City C-1 Low Density
Commercial Zoning District designation to the City R-2 Medium Density Residential 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: A
motion was made by Council Member Raymond, seconded by Council Member Willis, to
approve Ordinance No. 20-2021, first reading. The motion carried 5-0.
7. Ordinance No. 21-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of multiple parcels of real property located on
Joe Place, Maria Court and Manny Lane and generally known as the Perlas Del Mar
Condominium, and more particularly depicted and legally described on Exhibit "A" attached
hereto, from "C-1 Commercial" to "R-2 Residential;" 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 both titles into the record.
The Public Hearing was opened. There being no comment, the Public Hearing was closed. A
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City Council Regular Meeting • January 18, 2022
Minutes • Page 6 of 7
motion was made by Council Member Raymond, seconded by Council Member Davis, to
approve Ordinance No. 21-2021, first reading. The motion carried 5-0. Ordinance No. 22-
2021; adopting a City -initiated rezoning of Several Parcels of Property located on Joe Place,
Maria Court and Manny Lane and generally known as the Perlas Del Mar Condominiums from
their respective current City C-1 Low Density Commercial Zoning District designation to the
City R-2 Medium Density Residential 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: A motion was made by Council Member Davis,
seconded by Council Member Raymond, to approve Ordinance No. 22-2021, at first reading.
The motion carried 5-0
9. Ordinance No. 42-2021; adopting a small scale Future Land Use Map Amendment by
changing the Future Land Use Map designation of a Parcel of real property approximately 0.30
acres more or Tess with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic
Avenue, and more particularly depicted and legally described on Exhibit "A" attached hereto,
from "C-1 Commercial" to "R-2 Medium -Density Residential;" 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 both titles into the record.
The Public Hearing was opened. There being no comment, the Public Hearing was closed. A
motion was made by Council Member Willis, seconded by Council Member Raymond, to
approve Ordinance No. 42-2021, first reading. The motion carried 5-0. Ordinance No. 41-
2021; adopting a City -initiated rezoning of a Parcel of real property approximately 0.30 acres
more or less with a Parcel ID of 24-37-14-28-*-A and an address of 8810 N. Atlantic Avenue,
and more particularly depicted and legally described on Exhibit "A" attached hereto from City
C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density
Residential 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: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Raymond, to approve Ordinance No. 41-2021, first reading. The motion carried 5-0.
ITEMS FOR DISCUSSION:
10. Compensation for the City's elected officials. (Postponed at the 12/21/21 Regular Mtg.):
Discussed ensued and included postponing the Item to the February Meeting and placing the
Item earlier on the Agenda. Council reached consensus to postpone the Item to the February
City Council Regular Meeting.
11. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond): Council
reached consensus to postpone the Item to the February City Council Regular Meeting.
12. Updating Resolution No. 2019-01 and consider adding the Council's opposition to the
proposed SR A1A Roundabout (FPID #430202-5). (Submitted by Mayor Morrison): Mayor
Morrison explained the Item and discussed the results of a meeting between himself, City
Manager Morley and Florida Department of Transportation (FDOT) District Five Secretary Jared
Perdue. City Manager Morley discussed Secretary Perdue's desire to meet individually with each
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Council Member and expressed interest in working with members of the community to create an
ambassador program to promote the best plan for the City. A motion was made by Mayor Pro
Tem Kellum, seconded by Mayor Morrison, to extend the Meeting until 10:42 p.m. The
motion carried 5-0. Discussion ensued regarding feedback to Florida Senator Debbie Mayfield
regarding the proposed Roundabout, desire for Council to take an oppositional position to the
proposed SR A1A Roundabout Plan until the Florida Department of Transportation provides an
alternative plan or changes Council's mind, desire to update/draft a new resolution within the next
sixty days, invest in a survey of the City, desire from other Council Members to meet with Secretary
Perdue before reviewing a new resolution and desire for FDOT to make a presentation at the
February Meeting to show another option.
INFORMATIONAL: Items are presented for informational purposes only and no action will be taken.
13. ProChamps Update: Mayor Pro Tem Kellum discussed a meeting between herself,
Community and Economic Development Director Dickey and Senior Code Enforcement Officer
Palmer, suggested hiring a temporary agency or extra staff to assist processing data and
documents received from ProChamps to expedite Special Magistrate action. City Manager Morley
stated that Council could budget a new position if necessary. Discussion ensued regarding more
time needed to assess ProChamps, Staff appreciation for the idea, and City Manager Morley will
bring the Item back to Council if needed.
Mayor Pro Tem Kellum inquired if a discussion Item is necessary regarding shortening the length
of City Council Meetings. Mayor Morrison noted the lateness of the hour.
14. Monthly Financial Report — November 2021: No discussion.
REPORTS: None.
ADJOURNMENT: The Meeting was adjourned at 10:45 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL of Cape Canaveral, Florida