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HomeMy WebLinkAboutcocc_council_mtg_minutes_20220215CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday February 15, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Willis 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 PUBLIC PARTICIPATION: None. 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 PUBLIC PARTICIPATION: None PRESENTATIONS/INTERVIEWS: Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021 — Presentation by Zach Chalifour, James Moore & Co.: Certified Public Accountant Zach Chalifour presented the Annual Report. City Council thanked Mr. Chalifour, the James Moore & Co. team and City Staff. Interview Applicants for appointment to the Culture and Leisure Services Board. (Betsy Ronk and Mary Mosquera): City Attorney Garganese confirmed information contained in Ms. Ronk's application to be true and correct. Ms. Ronk shared reasons for interest in serving on the Board. Council thanked Ms. Ronk. City Attorney Garganese confirmed information contained in with Ms. Mosquera's application to be true and correct. Ms. Mosquera shared reasons for interest in serving on the Board. Council thanked Ms. Mosquera. City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes Page 2 of 7 CONSENT AGENDA: Mayor Morrison removed Item 1. 1. Approve Minutes for January 18, 2022 Special and Regular City Council Meetings. 2. Resolution No. 2022-02; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Betsy Ronk and Mary Mosquera) 3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Consent Agenda Items 2 and 3. The motion carried 5-0. #1 Mayor Morrison explained the motion made during the City Council Special Meeting of January 18, 2022, Item 1, Discuss the status of the Civic Hub project/7404 N. Atlantic Avenue, should have included reference to Section 166.045 and AGO 90-53. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to amend the Minutes, "...to direct the City Attorney to provide a memo, before closing, in compliance with State Law, Section 166.045 and AGO 90-53". Discussion ensued and included reasons for the amendment such as the importance of specifying the State statute and Attorney General Opinion and capturing motions as closely as possible. The motion carried 5-0. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Agenda Item 1, January 18, 2022 Special Meeting Minutes, as amended and the Regular City Council Meeting Minutes. The motion carried 5-0. OLD BUSINESS (ITEMS FOR DISCUSSION): 4. Compensation for the City's elected officials. (Postponed at the December 21, 2021 and January 18, 2022 Regular Meetings): City Manager Morley explained the Item. Patrick Campbell, resident, expressed thanks for bringing the Item to Council, discussed support for action to be taken immediately to increase compensation of Council Members, and adjusting pay rates of certain lower paid Staff members. Discussion ensued and included pros and cons regarding increasing compensation for elected officials, the awkward topic for Council, strong support for increases to become effective after the longest term of the current sitting elected official expires which is the Mayor's term in 2025, tying the increase to the Consumer Price Index inflation rate calculation, knowing the value elected officials create for the community, desire for diversity on Council, and need for additional resources to help elected officials serve. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept a pay increase for the City's elected officials beginning Fiscal Year 2024/2025, based upon the current Consumer Price Index Inflation Rate at that date. Discussion ensued regarding whether an automatic adjustment should be made every year following and desire to not bind any future City Council to do so. City Manager Morley confirmed Council's direction for the increase effective beginning December 1, 2024 and to bring a draft ordinance back for first reading within sixty to ninety days. The motion carried 5-0. 5. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond) (Postponed at the January 18, 2022 Regular Meeting): Council Member Raymond explained the Item. Discussion ensued and included dangers regarding electric vehicles on sidewalks, challenges in forcing electric vehicles onto the street, golf carts, public safety concerns, and authority to make prohibitions with the exception of ADA (Americans with Disabilities Act) devices. City Attorney Garganese advised there is statutory authority for Council to regulate vehicles on sidewalks, City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 3 of 7 pointed to the need to gather more information from BCSO Commander Keck and Staff, in order to avoid unintended consequences, and policy decisions that Council would need to make. City Manager Morley recommended bringing this Item back to the meeting that includes the draft golf cart ordinance. Lieutenant Lockhart discussed the challenges of enforcement regarding dangerous electric vehicle operation and there being no specific speed limit on sidewalks for electric vehicles or otherwise. Discussion ensued regarding speaking with constituents and ideas for launching an educational campaign. Council reached consensus to continue the conversation. Teresa Camp, resident of Merritt Island, discussed a dangerous experience she had with two motorized vehicles while walking on the beach January 9, 2022. Mayor Morrison recommended making a non -emergency phone call to the Sheriff's Office in such instances. Mayor Morrison recessed the Meeting at 7:36 p.m., the Meeting was reconvened at 7:51 p.m. PUBLIC HEARINGS: City Attorney Garganese provided an overview for the following Ordinances. 6. 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 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, second reading: City Attorney Garganese read both titles into the record and confirmed property owned by Don Haynes was removed as requested. Community and Economic Development Director Dickey advised Council regarding an additional request for removal of 126 Oak Lane, Bernard Lennon, owner. Discussion ensued and included properties being removed from the Ordinance will remain non -conforming, notification process and additional efforts by the City to inform residents of proposed actions on Oak Lane with a courtesy letter and personal visit by Mayor Pro Tem Kellum, procedure to make another amendment to the Ordinance and whether properties on Anchorage Lane and others that fall within the 500 foot radius should be given additional notices. Community and Economic Development Director Dickey reminded Council of the Noticing requirements and potential negative impacts of deviating from the process. City Manager Morley clarified how all properties were noticed in accordance with the Code and, as a result of Council's direction at the January City Council Meeting, residents of Oak Lane received additional notifications not required by Code. City Attorney Garganese advised effective dates for each Ordinance is 31 days after adoption unless challenged, Council may not make arbitrary amendments once approved, and property owners should attend public hearings if they desire to address Council. Discussion ensued and included the impacts of stopping the process now to allow others to respond, respecting Staff's efforts and the need to move forward. A motion was made by Council Member Raymond, seconded by Council Member Davis, to adopt Ordinance No. 23-2021, with removal of 126 Oak Lane, at second reading. The Public Hearing was opened. Don Haynes, resident and owner of 146 Oak Lane, thanked Council for granting the request to remain C-1 Commercial. Mark James, resident of 135 Oak Lane, discussed receiving the Notice, courtesy letter, and objection to allowing 126 Oak Lane to remain C1 Commercial. The Public Hearing was closed. The motion carried 5-0. Ordinance No. 24-2021; adopting a City -initiated rezoning of Several Parcels of Property located along the North and South Side 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 City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 4 of 7 effective date, second reading: 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 adopt Ordinance No. 24-2021, with removal of 126 Oak Lane, at second reading. The motion carried 5-0. 7. 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, second 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 Mayor Pro Tem Kellum, to adopt Ordinance No. 13-2021, at second 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, second reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 14-2021, at second reading. The motion carried 5-0. 8. 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, second 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 adopt Ordinance No. 15-2021, at second 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, second reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis to adopt Ordinance No. 16-2021, second reading. The motion carried 5-0. 9. 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, City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 5 of 7 second 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 Davis, to adopt Ordinance No. 17- 2021, second 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, second reading: A motion was made by Council Member Raymond, seconded by Council Member Willis, to adopt Ordinance No. 18-2021, second reading. The motion carried 5-0. 10. 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, second 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 Willis, to adopt Ordinance No. 19-2021, second 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, second reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 20-2021, second reading. The motion carried 5-0. 11. 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, second 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 adopt Ordinance No. 21-2021, second 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, second reading: A motion was made by Mayor Pro Tem City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 6 of 7 Kellum, seconded by Council Member Willis, to adopt Ordinance No. 22-2021, at second reading. The motion carried 5-0 12. 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 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 "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, second 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 Willis, to adopt Ordinance No. 42-2021, second 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, second reading: A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 41-2021, second reading. The motion carried 5-0. ITEMS FOR DISCUSSION: 13. City of Cape Canaveral Community Center (MGF) (Submitted by Council Member Willis): Council Member Willis explained the Item regarding ways to offset future Cape Canaveral user fees of the facility. Leisure Services Director Vergara discussed Staff research, current talks with third -party companies to include gym memberships with health insurance for residents, the Silver Sneakers Program, attracting participants to use the Community Center for free with reimbursement to the City, and the administrative process. Discussion ensued and included third - party sub -contractors representing insurance companies, how most residents will know if this is something their insurance company offers, how insurance companies will advertise the offer to clients, and how certain Leisure Services classes are not included in the membership. Council reached consensus to move forward with implementation of the plan program. 14. Electric Vehicle Charging Stations (Submitted by Council Member Willis): Council Member Willis explained the Item, complimented the previous Council and Staff on implementation of the plan and discussed why it is now time for the City to be removed from the responsibility of maintaining the program. Discussion ensued and included the expectation of a draft agreement between the City of Cape Canaveral and Rivian for Council to consider, charging units will pay for themselves and be installed at no cost to the City, the Rivian would own and operate, electric costs would be reimbursed to the City, any electric vehicle can use them, would be replacing the current Clipper Creek charging stations, plan to negotiate favorably with regard to the City fleet, keeping the current charge stations for the City fleet or another purpose, and agreement on a rate based on KWH. Andrea Shea -King, resident, inquired what the rationale was for handing out free electrical charges. City Manager Morley explained it was to encourage and support development at that time. Council reached consensus to support the proposed initiative. City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 7 of 7 15. Sidewalk Needs and Assessment Plan and Evaluation Tool (Submitted by Council Member Willis): Council Member Willis explained the Item as an effort to have residents have complete streets. Discussion ensued and included how the Plan can be translated into GIS, this effort assesses the problem, quantifies costs and metrics, making it accessible to the public, another ancillary tool could include stormwater assessment, goal to have the data ready for the Strategic Planning Retreat in March, the Presidential Streets Plan being vastly different from this initiative and the need for the community to know the Council cares about the whole program not just the Presidential Streets Plan. Council reached consensus to support the proposed initiative. 16. Discussion regarding the City's off-street parking requirements as contained in Sec. 110 491 of the City Code. (Submitted by Council Member Kellum): Mayor Pro Tem Kellum discussed problems due to small parking spaces, lowering minimum parking space requirements, desire to bring more small businesses to the City and whether the City is losing small and medium-sized businesses due to the City Code. Discussion ensued and included photographs presented by Mayor Pro Tem Kellum of large parking lots, ensuring proper motorcycle and compact car parking, bicycle racks, desire for more people walking and biking, business owners renting out and sharing spaces with other business owners, the amount of work to accomplish the task of lowering parking requirements and comparisons to other municipalities such as the City of Punta Gorda. City Manager Morley explained the current Code for restaurants as one parking space for every three seats or barstools, the challenge to businesses of obtaining alcohol licenses and options such as a Shared Parking Easement. Council reached consensus for Staff to research and bring back options regarding off-street parking. INFORMATIONAL: Items presented for informational purposes only and no action was taken. 17. Monthly Financial Report — December 2021 18. ProChamps Update REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:01 p.m. (Signature) Mia Goforth, City Clerk (Signature) Wes Morrison, Mayor SEAL of Cape Canaveral, Florida