HomeMy WebLinkAboutcocc_council_mtg_minutes_20220816_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
August 16, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member 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
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
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
Mayor Morrison requested Council make a motion to place Agenda Item 17, Resolution No.
2022-16 after Presentations/Interviews. A motion was made by Council Member Willis,
seconded by Mayor Pro Tem Kellum, to move Item 17, Resolution No. 2022-16, after
Presentations/Interviews. The motion carried 5-0. Mayor Morrison advised all audience
members interested would be given a chance to comment.
Council reached consensus to reschedule Agenda Item 2 for the September 21, 2022 City
Council Regular Meeting.
PUBLIC PARTICIPATION: The following City residents, business and property owners discussed
opposition to the Florida Department of Transportation Modern Roundabout Project: Gwendolyn
Hagar, John Dillon, Jim Udischas, Brad Pervell, Thomas Clary, Bruce Robertson, Bill Hodge, Sarah
Hodge, William Hanson, Bill Pritchett, Dennis Fertig and Shannon Roberts.
Rhonda Breininger discussed zero growth in the City's population, City debt and opposition to
spending.
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Brad Pervell discussed good customer service provided by Leisure Services Staff when renting the
Pavilion.
The following City residents, business and property owners discussed or waved their hands in
support of repealing commercial parking restrictions on behalf of Peg S. Schaller, owner of Ellie
Mae's Tiki Bar: Jennifer Brand, Peg S. Schaller, Kiera Stolts, Eric LeBlanc, Carol Haley, Dino Martin,
Tom Shoriak, Jeff Raymon, Mark Hamberger, Jamie Lantz, Marianne Pluchino, Kimberly Bertuzzi,
Christine Campbell, Stefinie Lengen, Janet Bernard, Derek Bernard, Robert Wray, Dave
Cronenberg, Michelle Gouge, Daniel Palamountain, Will Davidson, Rick Sprole, Patty Bendrick,
Sylvia Ludwig, Gretchen Whitney, Kira Stoip, Geoff Bramlett, Emily Blanton, Joan Giles, Eric
Pluchino, Lu Hemond, William Cottons, Kristin Williams, Chelsea Williams-Gividen, Vanessa Van
Dongen, Shay Seitz, Bill Davidson, Shirley Elliot, Mark Elliot, Heather McIntosh, Brittany Adamson,
Melissa Cole, Mary Hooper, Bob Zittel, Chris Passio, Patti Lowery, Jason Pace, Tracy McIntosh,
Brenda VanWinkle, Andrew Menyhart, Elena Alvarez and Dana McMullan.
Mayor Morrison requested Council make a motion to place Agenda Item 18 regarding parking
regulation before Item 17, after Presentations/Interviews. A motion was made by Council
Member Willis, seconded by Mayor Pro Tem Kellum, to move Item 18 to the top of the list
just after Presentations/Interviews. The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation declaring August 2022 as "Florida Water Professionals Month"
to City Public Works Services Staff, representing the Florida Water & Pollution Control
Operators Association: Mayor Morrison presented the Proclamation to Public Works Services
Director Moore.
Presentation of Institute for Elected Municipal Officials Certificate of Completion to Council
Member Don Willis: Mayor Morrison presented the Certificate to Council Member Willis.
Mayor Morrison recessed the meeting at 7:39 p.m. The meeting resumed at 7:50 p.m.
18. Parking regulations to help small businesses in our City/Parking Minimums in the
Commercial District (Submitted by Mayor Pro Tem Kellum and Mayor Morrison): Mayor
Morrison explained the Item. City Manager Morley requested discussion be limited to restaurants
and bars. Discussion ensued and included striking the minimum parking language in the City
Code, following the Fire Code, creating ordinances that are business -friendly, how the City is small
and not able to attract large franchise restaurants, City Code Sec. 110-491(1) requirements, a
suggestion to implement a variance for special cases such as Ellie Mae's Tiki Bar, pros and cons of
striking an entire Code Section, and a suggestion to conduct a parking analysis to look at best
practices for all small businesses. City Manager Morley confirmed understanding of Council's
desires, explained the City Code requirement for any land development regulation must come by
recommendation of the Planning and Zoning Board and suggested a motion to send the Item to
the Board for consideration of all Council -discussed suggestions, and suggested Council place a
stay on Code Enforcement actions related to City Code Section 110-491(1) for all existing
restaurants and bars, including Ellie Mae's Tiki Bar. A motion was made by Mayor Pro Tem
Kellum, seconded by Council Member Raymond, for a stay for all existing businesses under
Code Sec. 110-491(1). The motion carried 5-0. Discussion ensued regarding when the item
should be scheduled for the Planning and Zoning Board .Meeting and how there will be no
negative Code Enforcement impacts due to the stay approved by Council. A motion was made
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by Council Member Willis, seconded by Council Member Raymond, to send the Item to the
Planning and Zoning Board. City Manager Morley clarified that City Council has no authority
over the Florida Fire Code. City Attorney Garganese advised Council on the reason not to seek
waiving occupancy requirements. The motion carried 5-0.
17. Resolution No. 2022-16; modifying and updating the City's list of State Road A1A
Improvement Priorities; requesting the Florida Department of Transportation provide an
updated traffic study for the portion of State Road A1A located within the City of Cape
Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an
effective date: Mayor Morrison reviewed the Item and called for a compromise with the Florida
Department of Transportation (FDOT) without support for the Roundabout. Discussion ensued
and included individual Mayor and Council discussions with FDOT District Five Director .of
Transportation Development Charles "Jack" Adkins, an alternative to improve State Road (SR) A1A,
opposition to the Roundabout Project, Council Member Willis' efforts as the City's representative
member on the Space Coast Transportation Planning Organization Governing Board to avert other
municipalities trying move ahead on the list of the FDOT projects, encouragement of groups to
meet with FDOT to view what can be achieved, the City's long history of advocating for SR A1A
safety and improvements, the need to reach common ground, and clarification on FDOT SR A1A
prioritization of the Roundabout versus other improvement projects on SR A1A in the City. City
Attorney Garganese advised Council how to proceed with approving Resolution No. 2022-16. A
motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to approve
Resolution No. 2022-16, with "opposes" the proposed Roundabout. Discussion ensued and
included City Manager Morley's request for clarification of Mayor Morrison's conversation with
FDOT Director Adkins about what the City will get, even if it opposes the Roundabout, including
the 35mph speed limit and the raised median/landscaping, which FDOT previously indicated
would not be included in the Project. Mayor Morrison discussed how Director Adkins made no
guarantees but said yes to looking at other options with the pursuit of the 35mph speed limit,
and that FDOT maintains their position but are willing to look at alternatives other than the two
submitted. Discussion continued on whether the City will be getting all of the Public Safety Priority
Items contained in Exhibit "A" with the passage of the Resolution, and the element of risk Council
is willing to take with no guarantee from FDOT. The motion carried 5-0.
OLD BUSINESS:
1. Rising Rents. (Submitted by Council Member Raymond): Council Member Raymond
discussed concerns regarding the long waiting lists for senior citizen apartments, some rents
increasing $500 to $1,000 more per month, her passion for people and affordable housing, and
the Certificate of Recognition she received on behalf of the Society of St. Vincent DePaul, Our
Saviour's Conference from the Governor's Faith and Community Based Initiative for front line
service to the vulnerable populations of Florida. Discussion ensued and included a need for
renovating properties for affordability like other cities are doing, the importance of workforce
housing, reviewing the Community Redevelopment Area (CRA) Plan to add affordable housing,
the increasing population of Florida, the challenge of affordable housing construction, tiny homes
and 3-D printed houses.
2. 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: Item rescheduled at the request of property owner by Consensus of Council to September
21, 2022.
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CONSENT AGENDA: Council Member Willis removed Item 6. Mayor Morrison removed Item 9.
3. Approve the July 19, 2022 City Council Budget Workshop and Regular Meeting Minutes.
4. Resolution No. 2022-01; approving the Application for the Final Plat of Poinsetta Place,
generally located on the corner of Jefferson Avenue and Poinsetta Avenue, Cape
Canaveral; providing for the repeal of prior inconsistent Resolutions; severability; and
an effective date.
5. Resolution No. 2022-17; reappointing a Member to the Planning and Zoning Board of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions,
severability and an effective date. (Dr. Michael Miller)
6. Resolution No. 2022-18; adopting a Fee Schedule for the Cape Canaveral Community
Center; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
7. Approve the Fifteenth Addendum to Professional Services Agreement for Fertilization,
Insect, Disease, Weed Control and Pest Control Services in the amount of $60,950.97
with Black's Spray Service, Inc. and authorize the City Manager to execute same.
8. Approve Addendum Three (3) to Professional Services Agreement for Mowing and
Landscaping Services in the amount of $277,117.94 with U.S. Lawns of Brevard dba
Micnor Corporation and authorize City Manager to execute same.
9. Approve proposed Purchase and Sale Agreement for Reserved Mitigation Credits with
the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the
amount of $33,000 and authorize City Manager to execute same.
A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to
approve Items 3,4,5,7 and 8. The motion carried 5-0.
#6 Discussion ensued and included desire for addition of a category under the Fee Schedule
for the City of Cape Canaveral Community Center (C5), making membership available to all City
Staff at no charge, the value of the benefit being $528 per year, the benefit would be for hourly
and salaried employees only, not contracted Staff, Advisory Board or Council Members, and the
proposed rates were approved by unanimous vote of the Culture and Leisure Services Board.
Gwendolyn Hagar discussed fees for the residents versus non-residents and suggested a volunteer
program for residents and senior citizens to get a reduced rate in lieu of volunteer hours.
Discussion continued regarding health insurance plans offering memberships and analysis of the
estimated operating costs will be presented next summer after a year of gathering the data.
Council reached consensus to provide free membership to the C5 for non -contracted
employees of the City, and for the Culture and Leisure Services Board to consider a
volunteer/membership program for the C5. A motion was made by Council Member Willis,
seconded by Mayor Pro Tem Kellum, to adopt Resolution No. 2022-18, with changes. The
motion carried 5-0.
#9 Discussion ensued and included explanation of the Item, the updated/corrected Expiration
Date in Section 2 of the Purchase and Sale Agreement for Reserved Mitigation Credits by City
Attorney Garganese, confirmation by Capital Projects Director Ratliff this is the last step before
going out for Bid, half of the Long Point Park Estuary Project cost covered by a FIND (Florida
Inland Navigation District) Grant and other details of the Item and Project, Long Point Road
residents not in support of the Project, the idea of delaying the Project for a year or more, how the
Project is non -essential, and this Project has been approved by the Council. Michelle Lehr, 210 Long
Point Road, discussed opposition to the Project. Discussion continued over whether or not to
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approve the Item, the history of and the budgeting of the Project that the City has worked on for
over ten years, the grant and permitting process, and consequences of delaying approval of the
Item and the Project. A motion was made by Council Member Willis, seconded by Mayor Pro
Tem Kellum, to delay approval until the next City Council Meeting. The motion carried 5-0.
Mayor Morrison called for a motion to extend the meeting. A motion was made by Council
Member Willis, seconded by Mayor Pro Tem Kellum, to extend the meeting to 10:30 p.m.
The motion carried 4-1, with Council Member Raymond voting against. Mayor Morrison
requested Council hear Agenda Items 11 through 15 first. Council reached consensus to hear
Agenda Items 11 through 15 first under Public Hearing. Mayor Morrison recessed the meeting at
9:53 p.m. The meeting resumed at 9:59 p.m.
PUBLIC HEARING:
11. 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, second 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, second 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. The
Public Hearing was opened. There being no comment, Public Hearing was closed. A motion was
made by Council Member Willis, seconded by Council Member Raymond to adopt
Ordinance No. 06-2022, at second reading. The motion carried 5-0. A motion was made by
Council Member Raymond, seconded by Council Member Davis, to adopt Ordinance No.
07-2022, at second reading. The motion 5-0.
12. 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, second 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, second reading: City Attorney
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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. 08-2022, at second reading.
The motion carried 5-0. A motion was made by Council Member Willis, seconded by Mayor
Pro Tem Kellum, to adopt Ordinance No. 09-2022, at second reading. The motion carried 5-0.
13. 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
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, second 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, second 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 second reading. The motion carried 5-0. A motion was made by Council
Member Raymond, seconded by Council Member Willis, to adopt Ordinance No. 11-2022,
at second reading. The motion carried 5-0.
14. 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;
second 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, second 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. 12-2022, at second reading. The motion carried 5-
0. A motion was made by Council Member Willis, seconded by Council Member Raymond,
to adopt Ordinance No. 13-2022, at second reading. The motion carried 5-0.
15. 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
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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; and
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, second 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. 14-2022, at second reading. The motion carried 5-0. A motion was
made by Council Member Willis, seconded by Council Member Raymond, to adopt
Ordinance No. 15-2022, at second reading. The motion carried 5-0.
10a. Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to
traffic and vehicles to create a new Article IV. — Operation of Golf Carts and Low -Speed Vehicles
on roads; authorizing the operation of golf carts on specifically designated City roadways by
subsequently adopted City Council resolution; providing definitions; providing for restrictions,
certain minimum equipment, registration, inspection and insurance requirements for golf
carts; recognizing low speed vehicles are allowed on roads unless otherwise prohibited;
providing for enforcement; 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. Public Hearing was opened. Rhonda
Breininger, property owner, discussed support for golf carts, including regulations for licensing
and insurance. Shannon Roberts, resident, advocated to have the traffic study completed before
adopting the Ordinance due to safety concerns. The Public Hearing was closed. Discussion ensued
and included desire for the study to be completed before adopting the Ordinance, difference
between low -speed vehicles versus golf carts, golf cart safety issues on N. Atlantic Avenue, and
pros and cons of enabling golf carts in the City. City Manager Morley explained the reasoning
behind adopting the enabling Ordinance before for the traffic study was based upon a general
concern around spending money before adoption. A motion was made by Mayor Pro Tem
Kellum, seconded by Mayor Morrison, to extend the meeting ten minutes. The motion
carried 4-1, with Council Member Raymond voting against. City Attorney Garganese discussed
the intent of adopting the Ordinance before the conducting a study. Discussion continued
regarding pros and cons of the Ordinance. A motion was made by Mayor Pro Tem Kellum,
seconded by Mayor Morrison, to adopt Ordinance No. 04-2022, at second reading. The
motion carried 3-2, with Council Members Davis and Raymond voting against.
10b. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. (KH)
in the amount of $28,500 for the completion of an engineering traffic study, and if needed,
authorize the City Manager to execute same: Discussion ensued and included reducing the scope
of the Study to, certain streets that connect with SR A1A should not be included in the Study
because golf carts and low -speed vehicles will not be able to cross SR A1A, and whether limiting
the scope to N. Atlantic Avenue and the Presidential Streets could reduce the price of the Study,
and adding other studies at a later time. A motion was made by Mayor Pro Tem Kellum,
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seconded by Mayor Morrison, for a limited Study to include N. Atlantic Avenue and the
Presidential Streets area. Discussion ensued and included whether or not to limit the Study area,
City Manager Morley's suggested limiting the study area to the western right-of-way of SR A1A
towards the ocean, no further South than Holman Road, and not including Thurm or West Central
Boulevards. Community and Economic Development Director Dickey suggested contacting
Kimley-Horn to help narrow the scope of the Study. City Manager Morley offered to bring back a
map of the intended Study area to the next meeting for Council approval. City Attorney Garganese
discussed his understanding Florida Statute and Kimley-Horn's process must take into
consideration of the particularities of each road. Discussion continued regarding Mayor Pro Tem
Kellum restating her motion on the floor, including Central Boulevard and Center Street and
coordinating with FDOT on that criteria. A motion was made by Mayor Pro Tem Kellum,
seconded by Mayor Morrison, to give Staff direction to spend $28,000 or Tess for a smaller -
scope engineering traffic study. The motion carried 4-1, with Council Member Raymond
voting against.
A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to
extend the meeting fifteen minutes. The motion carried 4-1, with Council Member
Raymond voting against.
ITEMS FOR DISCUSSION:
20. Bringing reclaimed water to Oak Lane and the north west side of N. Atlantic. (Submitted
by Mayor Pro Tem Kellum): Mark James, resident of Oak Lane, discussed the possibility and
support for bringing reclaimed water to Oak Lane. City Manager Morley explained the limited
capacity of a recently identified 2-inch line for possible irrigation, the need for more information
about the engineering of the 2-inch line, and requested Council pause the discussion until an
answer can be provided regarding reclaimed service delivery lines to that area. Discussion ensued
and included a potential reduction of installation cost after having found the 2-inch pipe, Mr.
James favor for paving and installation regardless of the finding, and support to bring the Item
back to the Budget. Council reached consensus to bring back more information regarding the
engineering of reclaimed water to Oak Lane.
ITEM FOR ACTION:
16. Resolution No. 2022-15; providing for the division of vacant land owned by Mike and
Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central
Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-
21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing
for the repeal of prior inconsistent resolutions, severability, and an effective date: City Manager
Morley explained the Item and his recommendation to approve the Item based on compatibility.
Mike DiChristopher, property owner/applicant, discussed the plan to build two single-family
homes on the property. Patrick Campbell, resident, discussed opposition to the proposed
Resolution and explained why the property is not compatible for a lot split. Discussion ensued
and included the Notice of Hearing for September 20, 2022, delaying action until such time, and
whether the Item should be placed under Public Hearing instead of Item for Action. City Attorney
Garganese advised Council that placing the Item under Item for Action is not defective, but that
if the Notice of Hearing is wrong, then the Item will have to be re -noticed. Discussion ensued and
included whether both lots meet the criteria for R-1 zoning, taking into account additional
required criteria, and Ordinance No. 11-2021 regarding Lot Splits, which Council voted
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unanimously to take no action on but now is coming back in a different form. A motion was
made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to postpone this
Item to the next City Council Regular Meeting. Discussion ensued as to whether the Item needs
to go back to the Planning and Zoning Board, and that Board's Notice of Hearing was properly
advertised. The motion carried 5-0.
22. ProChamps Update: Mayor Pro Tem Kellum requested consensus from Council for
ProChamps to bring a year-end review/presentation to the next meeting. Council reached
consensus for ProChamps/Code Enforcement to provide a year-end review presentation at the
October 18, 2022, City Council Regular Meeting.
23. Specimen Tree Removal at Canaveral City Park Specimen Tree: City Manager Morley
requested action/consensus from Council, to either task Staff to make the decision or Council
could take a vote to make the decision on how to proceed in regard to the fate of the Specimen
Tree now causing a Splash Pad construction delay. Discussion ensued and included the desire to
prune and stabilize the Oak Tree, the upcoming Grand Opening of the Park, Council could either
vote to remove or not to remove the Tree, relying on the professionalism and expertise of the City
Arborist, safety and liability issues. Council reached consensus to remove the Tree. Discussion
ensued regarding bullying of Council Member Davis by Mayor Morrison in order to vote a certain
way and Mayor Morrison's assurance that was not his intention. A motion was made by Council
Member Davis, seconded by Council Member Raymond, to remove the tree. The motion
carried 3-2, with Mayor Morrison and Mayor Pro Tem Kellum voting against.
REPORTS: None.
ADJOURNMENT:The Meeting was adjourned at 11:15 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL of Cape Canaveral, Florida