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HomeMy WebLinkAboutcocc_council_mtg_minutes_20220719_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday July 19, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:05 p.m. Council Member Kim Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum (via webinar) Wes Morrison Angela Raymond (via phone; call dropped approximately 7:08 p.m.) Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Deputy City Clerk Executive Assistant to the City Manager/Office Manager Leisure Services/Community Affairs Director Public Works Services Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Daniel LeFever Lisa Day Molly Thomas Jim Moore Byron Keck Scott Molyneaux PUBLIC PARTICIPATION: City residents and/or property owners, Cassie Farrell, William Hodge, Sarah Hodge, Bruce Robertson, Jay Petty, Hugh Coleman, Gwendolyn Hagar, and Patrick Campbell, discussed opposition to the Florida Department of Transportation (FDOT) State Road A1A Roundabout project, placing the issue on the ballot, and a call for City Council and Management to take a position on the matter by resolution. Peg S. Schaller, resident and business owner, discussed desire for Council to reduce the number of parking spaces for businesses in the City Code and why. Ginny Dirschka, property owner, distributed a handout (attached) to the City Council and discussed opposition to Agenda Item 17, Specimen Tree Removal at Canaveral City Park. Mayor Morrison stated a majority of citizens in the City oppose the FDOT Roundabout, personal opposition to the Roundabout, and urged Council to direct City Attorney Garganese to draft a resolution for future consideration. Discussion ensued and included debate over FDOT's timeline to receive feedback from citizens, opposition to voting on the issue before more feedback is City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes • Page 2 of 7 received, where citizen support for the Project is, FDOT's condominium and homeowner association outreach, two requests from groups interested in meeting with FDOT in the Fall, and FDOT District 5 Staff efforts to set up additional meetings. City Manager Morley confirmed FDOT's 1 to 2-year timeline was verbally communicated to him during a meeting. At approximately 7:08 p.m., Executive Assistant to the City Manager Day indicated Council Member Raymond dropped off the phone call but would continue to try connecting. Discussion continued regarding whether Council should take a position on the Roundabout now or wait for more citizen feedback, whether part-time/seasonal residents opinions matter or not, possible compromise with FDOT, desire to have FDOT provide an updated report to the Council, whether or not FDOT desires to know what Council's position on the issue of a Roundabout is, desire to move on because the topic appears later on the Agenda, and drafting a resolution versus ballot referendum by citizen initiative. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to direct the City Attorney to draft a revised resolution for State Road A1A. Discussion ensued regarding desire for an updated report from FDOT, desire to wait until Council receives FDOT's report before directing Staff to draft paperwork, and clarification on the motion to revise the Resolution. Council reached consensus to invite FDOT to provide a report at the August City Council Meeting. The motion carried 3-1, with Council Member Davis voting against and Council Member Raymond absent. Discussion ensued and included Mayor Morrison's desire to save the Specimen Oak Tree at Canaveral City Park and Council's unanimous vote at the June City Council Meeting to allow City Manager Morley to make the final decision. Council Member Willis apologized to City Manager Morley for having put him in the position to make the final decision, that by City Code, was the Council's responsibility. BUDGETARY ITEM (PUBLIC HEARING): 1. Resolution No. 2022-14; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2022/2023 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison read the title into the record. City Manager Morley discussed the Tentative Proposed Millage rate, subsequent adjustments must be at a lower rate, the Truth in Millage Notice (TRIM) process, and the total millage rate of 3.5596 mills provides for a balanced Budget with employee compensation and Council projects. Discussion ensued and included a two-thirds majority vote of Council present required to pass the Resolution, and how adoption meets the deadline for property owners to receive the TRIM Notice in the mail. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Resolution No. 2022-14, as written. Discussion ensued and included last year's Tentative Proposed Millage rate, how the rate is calculated, further rate reductions could result in $500,000 being cut from the proposed Budget, complexity of the State's TRIM process and computation, opposition to the motion on the floor, desire to go below rollback versus unknown long-term effects of the action, loss of grants that have been approved, examining potential cuts to the proposed Budget over the next thirty days, delaying the vote could result in the City not being able to pay bills on time, and desire to see multiple proposed Budgets based on different tax rates. The Public Hearing was opened. Patrick Campbell, resident, inquired about the comment regarding the City not being able to pay bills on time. Financial Services Director DeLeo explained the City receives the bulk of tax revenue in December and January and how it would be difficult to predict how much money the City would have in the bank should those tax dollars be delayed. The Public Hearing was closed. Discussion continued regarding desire for additional Budget Workshops before the millage rate is set, whether to adopt the City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes • Page 3 of 7 Resolution as written, and assessed taxable value versus taxable rate on homesteaded property. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. Mayor Morrison recessed the meeting at 8:04 p.m. The meeting reconvened at 8:16 p.m. OLD BUSINESS: 2. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same: City Manager Morley explained the Item, and the deliverable in January should Council approve the Study. Discussion ensued and included whether the same service could be provided sooner by another firm and the typical lead-time of thirty days once an agreement is executed. Community and Economic Development Director Dickey explained Kimley-Horn and Associates, Inc. (Kimley-Horn) was chosen from the City's Consultant's Competitive Negotiations Act (CCNA) Continuing Consulting and Professional Services list based on the firm's familiarity with City streets and their work on the Presidential Streets Master Plan, how the economy has impacted services of engineering firms in general, and Staff could request Kimley-Horn expedite if Council approves the Study. Discussion ensued and included using American Rescue Plan Act (ARPA) funds, the impacts of the long deliverable time with a possible new Council that could vote the opposite way later, revenue for the City versus the expense to enforce the law, opportunity to use electric vehicles and commuting at a lower -cost, this expenditure being similar in risk as the City's failed parking meter ordinance, passing the Ordinance before completing the Study, and the pros and cons of the Item even if the Study is shelved. City Attorney Garganese discussed how the enabling Ordinance is structured to include a Study, the Ordinance puts Council in a position to be ready, and a resolution would allow the City to proceed after that. Discussion continued regarding potential Golf Cart Ordinance implementation issue including payment terms, designating certain areas on State Road A1A as cross-overs, licensed low -speed vehicles, and fairness of not allowing either type vehicles to operate in the City at all. City Manager Morley suggested bringing both the Ordinance and this Item back at the August City Council Meeting. Discussion continued regarding whether to approve the Study or wait until August with the second reading of Ordinance No. 04-2022. Shannon Roberts, resident, discussed safety concerns regarding the community in the area of Shorewood Drive and North Atlantic Avenue, private roads, thanked Council for the Study and expressed interest in seeing a presentation. Community and Economic Development Director Dickey confirmed Council will receive a presentation regarding results of the Study. Council reached consensus for Staff to bring the Proposal Item and Ordinance No. 04-2022 back for second reading at the City Council Regular Meeting of August 16, 2022. 3. Rising Rents. (Submitted by Council Member Raymond): Council reached consensus to bring the Item back at the City Council Regular Meeting in August under Old Business. CONSENT AGENDA: Mayor Morrison removed Item 5. 4. Approve the June 21, 2022 Regular City Council Meeting Minutes. 5. Approve proposed task order from Tetra Tech in the amount of $81,047 for engineering design, bidding and construction administrative services for retrofitting two clarifiers at the Water Reclamation Facility (WRF) and authorize City Manager to execute same. City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes• Page 4 of 7 A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Item 4. The motion carried 4-0, with Council Member Raymond absent. #5 Discussion ensued and included whether Tetra Tech is the only firm that can perform the task order, the CCNA process, why the City is not using Ovivo's proprietary engineering design and construction plans, retro-fit versus replacement, possible alternative improvements before engineering plans are prepared to be competitively bid, Mayor Morrison's idea to do an entirely new design/build project for the WRF, and ARPA funding is available. City Attorney Garganese explained to Mayor Morrison the competitive bid process for CCNA for which Tetra Tech has already gone through and the City chose, and further explained Tetra Tech will do an evaluation, after which Staff will determine acceptability for Tetra Tech to perform bid services. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda Item for Tetra Tech. Patrick Campbell, resident, discussed support for going out to bid. Discussion ensued and included whether it was possible to go back to the original sole source option at this point and being past the point of no return due to the impacts of public comments, discussion and decisions made at previous meeting related to the sole source option. City Attorney Garganese advised Council follow Staff recommendation. Discussion continued regarding Ovivo, delay if it were to go out for bid, weekly cost for temporary fix, and safety issues. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the meeting twenty minutes. The motion carried 4-0, with Council Member Raymond absent. Discussion ensued regarding how to move forward, Council trust in Staff, and the need to look at the process in the future. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. PUBLIC HEARING: 6. Ordinance No. 16-2022; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for City Fiscal Years 2022/2023 through 2026/2027 subject to an annual review of the rate schedule adopted hereunder by the City Council; providing for the ratification of sewer rates for sewer customers; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date, second reading: City Attorney Garganese read the title into the record, explained the Item, and discussed the annual review which Council can decided to suspend or reduce based on the schedule of rates and the term periodic evaluation which gives flexibility to do everything except raise rates above the Schedule of Fees. Discussion ensued and included how best to conduct the annual review of the rate schedule, Consultant Raftelis' fee of $250-$300 per hour, and City Manager Morley's recommendation to trust Staff to conduct the annual review in-house which would save the cost of the consultant fee. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the meeting to 10:30 p.m. The motion carried 4-0, with Council Member Raymond absent. Discussion continued regarding how rates were not increased in fiscal year 2021/2022 and this is a 7.5% increase. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 16-2022, as written and allow Staff to conduct the Annual Review. Discussion ensued regarding the motion. City Attorney Garganese confirmed the motion would not require any changes to the Ordinance. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. Discussion ensued regarding thirteen years' worth of historical data regarding sewer rates revenue. City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes • Page 5 of 7 7. Ordinance No. 06-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 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; and Ordinance No. 07-2022; adopting a City -initiated rezoning of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue 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: City Attorney Garganese explained there would be one public hearing for the Phase III Ordinances of this rezoning plan, and read the titles into the record. City Manager Morley explained the Item and stated there were no objections from any property owners for this and the following Ordinances. The Public Hearing was opened. There being no comment, Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis to adopt Ordinance No. 06-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 07-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the meeting to 11:00 p.m. The motion carried 4-0, with Council Member Raymond absent. 8. Ordinance No. 08-2022; 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 Bakersfield Subdivision (fka a portion of Ocean Gardens) located on 146 and 148 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; and Ordinance No. 09-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as Bakersfield Subdivision (fka as a part of Ocean Gardens) located at 146 and 148 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: City Attorney Garganese read the titles 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 Kellum, seconded by Council Member Davis, to adopt Ordinance No. 08-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 09-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 9. Ordinance No. 10-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map designation of multiple parcels of real property generally City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes• Page 6 of 7 known as the Gizella Townhomes located on N. Atlantic 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; and Ordinance No. 11-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue 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: City Attorney Garganese read the 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. 10-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 11-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 10. Ordinance No. 12-2022; 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 the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive, 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; and Ordinance No. 13-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive 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: City Attorney Garganese read the titles 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 Kellum, seconded by Council Member Davis, to adopt Ordinance No. 12-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 13-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 11. Ordinance No. 14-2022; 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 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic 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; and City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes • Page 7 of 7 Ordinance No. 15-2022; adopting a City -initiated rezoning of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue 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: City Attorney Garganese read the 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. 14-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 15-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. ITEM FOR ACTION: 12. Consideration and final action on the Code Enforcement Special Magistrate's Report and Recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue: City Manager Morley explained the Item. City Attorney Garganese advised on the procedure and recommendation before Council. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to accept the Special Magistrate's Report and Recommendation regarding the lien and denying the reduction. The motion carried 4-0, with Council Member Raymond absent. ITEM FOR DISCUSSION: 13. Options to accomplish shorter more effective meetings while accommodating time for council to speak to each other. (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item. Discussion ensued and included support for shorter meetings, the negative effects of long meetings on Council, Staff and attendees, directing Staff to research the issue and whether/when to schedule one workshop meeting or more. City Manager Morley suggested waiting until Tuesday, September 6, 2022 which would give Staff and Council Members time to conduct research. Council reached consensus to schedule a City Council Workshop Meeting on Tuesday, September 6, 2022 at 5:00 p.m. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:58 p.m. Mia Goforth, City Clerk Wes Morrison, Mayor SEAL of Cape Canaveral, Florida July 19, 2022 July 19, 2022 City Council Regular Meeting Minutes Attachment r Sled 7//9/2oza # 17. The specimen tree and the canopy it makes with the tree next to it have incalculable value. The deep shade of the canopy, even trimmed back away from the shade structures is far superior and provides cooling of the land and of the building. ..11 Spectrum = 2,50 PM tr i� Covered food+m t Y f •=+i The first photo on the right shows a market with "shade structures". The second photo shows a park with large trees. The effect of trees on cooling in an urban environment is clear. The Cape Canaveral City park is concrete and grass and tiny trees that will not provide shade for years. The specimen tree is established and will provide cooling, habitat and oxygen. The huge mistake made by the city and/or the contracted designer to put shade structures on the north side of the splash pad is unfortunate error. The shade structures should be on the south end and the tree would have been out of harms way. Any liability now is a result of this error. The cost of the splash pad is minor to this multi -million dollar project and the damage this tree can cause to it is a worst case scenario and unlikely. The damage to the tree roots is the arborists' best guess and he may be incorrect. With truly skilled trimmingra root barrier which I have offered to pay half ofj the canopy may be saved. It is a typical sand oak, with a rounded short crown, wide forks and little lateral weight. It has evolved to be resilient in our climate. Help it help us to maintain our climate and let it live. Sincerely, Ginny Dirschka