HomeMy WebLinkAboutcocc_council_mtg_minutes_20221220CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoToWebinar
Tuesday
December 20, 2022
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Raymond
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor
Mayor Pro Tem
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
Resilience Engineering Services Manager
Executive Assistant to the City Manager/Office Manager
Parks, Recreation & Community Affairs Director
Public Works Services Director
Senior Planner
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Dave Dickey
Lexi Miller
Lisa Day
Molly Thomas
June Clark
Kyle Harris
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written.
The motion carried 5-0.
PRESENTATIONS/INTERVIEWS:
Presentation of Institute for Elected Municipal Officials (IEMO) II Certificate of Completion to
Council Member Don Willis: City Manager Morley read the Florida League of Cities University
letter aloud while Mayor Morrison presented the Certificate to Council Member Willis. Council
Member Willis thanked the City and expressed hope for all elected officials to avail themselves of
education.
PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing.
CONSENT AGENDA: Council Member Kellum removed Item 1.
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 2 of 6
1. Resolution No. 2022-28; supplementing the City Council Rules of Procedure to provide
methods to assist the City Council with conducting shorter and more efficient/effective
meetings; providing for the repeal of prior inconsistent resolutions, severability and an
effective date.
2. Approve proposal for construction of sidewalks and driveway aprons in the amount of
$95,293 with Garcia Civil Contractors.
A motion was made by Council Member Kellum, seconded by Council Member Willis, to
approve the Consent Agenda Item 2. The motion carried 5-0.
#1. Discussion ensued regarding desire for Council to be more open-minded to conducting
special meetings, concern over Council Members making up their minds after meeting with the
City Manager prior to Council Meetings, concerns regarding Agenda items over a certain dollar
threshold on the Consent Agenda, and suggestion to include a legal review section on Agenda
summaries for certain items. City Attorney Garganese discussed how the inclusion of the
additional methods discussed may result in longer meetings, the guidelines for how meetings are
called is in the City Code and better suited to stay there. City Manager Morley discussed the format
used to create Agenda Items can always be changed. A motion was made by Mayor Pro Tem
Raymond, seconded by Council Member Kellum, to approve Resolution No. 2022-28. The
motion carried 5-0.
ITEMS FOR ACTION:
3. Review, revise as needed, and move to adopt the updated Community Vision
Statement: City Manager Morley explained the Item, noting Council may either adopt the updated
Statement or modify and approve it. Discussion ensued and included replacement of the word
"sustainable" with "resilience", adopting the Statement now would result in updating the content
in all of the areas where it is currently printed and visible, and postponing the Item for further
Council review. City Manager Morley suggested discussing the Statement in Council one-on-one
meetings. Parks, Recreation & Community Affairs Director Thomas discussed examples of utilizing
the Community Vision Statement in everything from day-to-day communications to pitching
programs for the department, the Statement is connected to the City Budget, functions as a way
to explain City -specific information to outside stakeholders, used in promotion and becomes part
of the City Brand. Discussion continued regarding pros and cons of certain terms and phrases
including "bikeable, walkable" versus "multi -modal", "small-town feel", the desire to make the
Statement sound more "neighborly", and how the purpose of the Statement is futuristic in nature.
Council reached consensus to bring the Draft Community Vision Statement back with revisions
at a future meeting.
4. Approve proposal from Odyssey Manufacturing Company in the amount of $100,430 to
replace the Public Works Services Facility Dechlorination System with a Sodium Bisulfite
System: City Manager Morley explained the Item. Public Works Director Clark confirmed it takes
the same amount of Staff for system operation. Discussion ensued regarding this Item being an
example that could have been placed under Consent Agenda in reference to previous discussion
regarding Item 1. A motion was made by Mayor Pro Tem Raymond, seconded by Council
Member Willis, to approve the proposal as written. The motion carried 5-0.
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 3 of 6
5. Accept the Presidential Streets Master Plan and authorize Staff to obtain a proposal for
a Phase II Study for one-way, street -specific recommendations: City Manager Morley explained
the Item. Community and Economic Development Deputy Director Eichholz discussed the
purpose and challenges of the proposed long-range Plan to enhance the overall sustainability and
resilience of the City's infrastructure. Senior Planner Kyle Harris introduced himself, acknowledged
the foundation of the proposed Plan created by former Senior Planner Defoe-Surprenant, and
further discussed the intention of the proposed multi -generational Plan which will extend into the
middle of the century. Kimley-Horn Vice -President Kelley Klepper and Senior Planner Colleen
McGue presented the Plan to Council. Council thanked the Kimley-Horn Team and Staff.
Discussion ensued and included the importance of the Plan, aligning with the Community Vision,
working toward green infrastructure and low -impact development, support for and how Council
agreed to go forward with the Plan at the March 2022 Strategic Planning Retreat, results of the
Survey and community outreach meetings, attendees at outreach meetings expressed preference
for a one-way street design versus more mixed results from the Survey, and concerns of residents
regarding first responders on one-way streets. Deputy Director Eichholz discussed how
considering a Phase II Study for one-way streets could be a powerful tool, and displays that the
City is performing its due diligence in terms of stormwater mitigation and reducing flooding. City
Manager Morley discussed how the action recommended to Council is an acknowledgement with
no costs at this point. A motion was made by Council Member Willis, seconded by Mayor Pro
Tem Raymond, to accept the Presidential Streets Master Plan and authorize Staff to obtain
a proposal for a Phase II Study for one-way, street -specific recommendations. The motion
carried 5-0.
Mayor recessed the meeting at 7:34 p.m. The meeting was reconvened at 7:46 p.m.
6. Consider Proposal from Kimley-Horn and Associates, Inc. in the amount of $10,000 for
the completion of an engineering parking analysis for bars and restaurants, and authorize the
City Manager to execute same: City Manager Morley explained the Item. Peg Schaller, resident
and business owner, discussed other cities lifting parking restrictions nationwide, suggested the
City need not spend money for an analysis, and cautioned against the idea of shared parking
with an adjacent business due to safety concerns. Discussion ensued and included the impact of
large parking spaces in regard to tax revenues, support for holding off on a parking study, the
need for sufficient parking, the Planning and Zoning Board and Staff could provide similar levels
of analysis without the consultant, the need to respect recommendations from advisory boards,
alternatives such as parking garages and small parking lots, and support for the parking analysis.
Kimley-Horn Vice -President Kelley Klepper discussed the long-standing relationship between
Kimley-Horn and the City and suggested a compromise to Council by providing City Staff with
impartial, third -party peer -reviewed research and data gathered from similar, beach -side
municipalities such as the Cities of Venice and Sebastian, and to help facilitate/work with the City
on its own parking analysis. City Manager Morley stated the Code Enforcement Stay on parking
restrictions would continue as the City completes that analysis. Discussion ensued and included
analyzing zoning and classifications related to neighborhoods versus areas along A1A,
differences between businesses and other drinking establishments, parking issues along North
Atlantic Avenue, and competition between businesses. City Manager Morley discussed the idea
of purchasing properties adjacent to Ellie Mae's Tiki Bar Restaurant that could be CRA funded
and include public safety improvements to alleviate parking problems and suggested Staff could
research and report back to Council about those opportunities and findings. Discussion
continued regarding Council options should the efforts of Staff and the Planning and Zoning
Board end up being unsuccessful, desire to study and discuss purchasing procedures of public
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 4 of 6
properties in January with the Council and City Attorney before pursuing the opportunities for
the sake of transparency and accountability. Council reached consensus to take no action on
the Agenda Item, to accept Kimley-Horn's offer to share informal peer -reviewed research data
and provide assistance to the City in order for Staff and the Planning and Zoning Board to
come up with a regulatory change to address parking regulations in the City, and to wait for
Council direction in January for pursuing public properties adjacent to Ellie Mae's. Online
attendee David Ziemlak, Fillmore Avenue, discussed support for removing parking minimums,
and concerns over public parking.
7. Consideration of a Development Order related to a Lot Split Application submitted by
Mike DiChristopher (Applicant) for the division of vacant land located at the eastern terminus
of E. Central Boulevard at Ridgewood Avenue (Tax Parcels #24-37-14-51-9-21.01 and 24-37-
14-51-9-21.02) into two (2) lots of record for development purposes: City Attorney Garganese
explained the Item and provided instruction to proceed. Community and Economic Development
Department (CED) Director Dickey discussed the status of the Lot Split Application since the last
City Council Meeting of October 18, 2022, the Applicants' submittal of a supplemental lot split
application which was withdrawn during the Planning and Zoning Board Meeting of December
7, 2022, after which Staff continued analysis with the result and finding located in the draft
Development Order requested by Council and prepared by the City Attorney. CED Director
Dickey discussed Staff's opinion for denial of the Lot Split Application. City Attorney Garganese
stated Council was provided with an advance copy of the draft Development Order. Michael
Allen, Allen Engineering Inc., was sworn in by the City Attorney, confirmed he reviewed and
agrees with the Order, and stated the Lot Split is not consistent with City Code and therefore
should be developed as a single lot. Applicants' Attorney Kim Rezanka representing Mr. and Mrs.
DiChristopher requested the City Council reject the draft Order and approve a variance,
submitted/distributed a Packet into the record, discussed City Code Chapter 98-4 — Variance and
how the DiChristophers meet those requirements, therefore suggesting a way to rectify the
issues. Attorney Rezanka indicated that to deny the request would be unreasonable, unfair and
would result in de -valuing the property. City Attorney Garganese described the seventeen -page,
document submitted into the record by Attorney Rezanka on behalf of Michael A. DiChristopher.
Patrick Campbell, 307 Surf Drive, discussed history related to the Item, the City Code and
expressed support for denying the Lot Split Application. City Attorney Garganese advised Council
regarding the history of the property related to actions taken by the previous owner, the City
Council in 1962 and 1984, City Code Chapter 98 Subdivisions which regulates the division of land
locally, how Mr. DiChristopher is requesting that Lot 21 be divided in a manner consistent with
the two tax parcel identification numbers, and advised how the Code's Lot Split criteria are
applicable to determine whether or not the remainder of Mr. DiChristopher's Lot 21 should be
divided into two developable lots. City Attorney Garganese further explained the draft
Development Order recognizes the western 25 feet of the subject property is still owned by Mr.
Pindziak, and the draft Order recognizes the remainder of Lot 21 for development purposes is
consistent with the R1 Zoning District if the Council were to deny this Application. Mr. Allen
explained his reversal of opinion to agree with denial of the Application for Lot Spit.
Mayor recessed the meeting at 9:16 p.m. The meeting was reconvened at 9:20 p.m.
Discussion ensued and included use of the Lot Split Application as the appropriate method to
divide the remainder of the property into a developable lot representing the two tax parcels. City
Attorney Garganese discussed the Applicant Counsel's alternative of a variance not being at issue,
explained setback requirements that apply to the Lot and not the tax parcel, and the need to
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 5 of 6
review whether building over parcel lines would require a Unity of Title or not. Discussion
continued regarding the purpose and function of the Development Order. Mr. DiChristopher
discussed his original intent to apply for a permit to build a home on each of the parcels, meeting
with Staff regarding his options, choosing the Lot Split Application as being the easiest route, and
the reason for withdrawing the Supplemental Lot Split Application from the Planning and Zoning
Board Meeting. A motion was made by Council Member Kellum, seconded by Council
Member Willis, to extend the meeting to 10:30 p.m. Council Member Willis proposed delaying
Agenda Items 8 and 10 until the next Council Meeting. The motion carried 5-0. A motion was
made by Council Member Willis, seconded by Council Member Kellum, to postpone
Discussion Items 8 and 10 to the next City Council Meeting. Parks, Recreation & Community
Affairs Director Thomas confirmed postponing Item 10 would not delay any project plan. The
motion carried 5-0. Discussion ensued regarding the importance of following City law and
making the property compliant with the City Code. City Attorney Garganese produced and
discussed a proposed Resolution No. 2022-32 which contains the Development Order denying
the Lot Split Application, advised Council how to make a motion, read the title of Resolution into
the record, explained the purpose of using the Resolution as the legal document to adopt the
Development Order, and confirmed no changes were made. A motion was made by Council
Member Kellum, seconded by Council Member Davis, to adopt Resolution No. 2022-32.
Discussion ensued regarding the purpose of the Resolution in relation to the Development Order.
City Manager Morley called point of order related to the time. Mayor Pro Tem Raymond stated
call the question. A motion was made by Council Member Willis, seconded by Council
Member Davis, to extend the meeting by ten minutes to 10:40 p.m. The motion carried 5-
0. Discussion ensued regarding the purpose of the Resolution in relation to the Development
Order. Council Member Davis stated call the question. A motion was made by Council Member
Davis to call the question, seconded by Mayor Pro Tem Raymond, to call the question. City
Attorney Garganese explained the rules of procedure regarding the two motions on the floor. The
motion carried 4-1, with Mayor Morrison voting against. City Attorney Garganese advised
Council that the main motion is to approve Resolution No. 2022-32, incorporating the proposed
Development Order, and a roll -call vote is required under the City Council Rules of Procedure.
The main motion carried 4-1, with Mayor Morrison voting against. Discussion ensued
regarding the need to inform the property owners of the remaining lots. City Manager Morley
confirmed facilitation of the request.
ITEMS FOR DISCUSSION:
8. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem
Raymond): Item postponed by Council to the January 17, 2023 City Council Regular Meeting.
9. Discuss Waste Pro Early Renewal Option and provide direction to City Manager: City
Manager Morley explained the Item. Waste Pro Government Affairs Representative Platt Loftis
and Division Manager Dean Ulrich addressed Council with responses to information as requested
by the City Council during the December 6, 2022 Regular City Council Meeting regarding
information on how other municipal franchise fees are calculated and the impact to the City's
rates if it were to remove the Construction and Demolition Debris Dumpster Exclusion. Mr. Loftis
discussed the ten percent franchise fees of competitive contractors that provide solid waste
services to four municipalities south of State Road A1A, and the City of Cocoa being one
exception paying a flat -rate, one-time fee of $2,500. Mr. Ulrich explained the City of Cape
Canaveral's franchise fee grows with the Consumer Price Index each year and discussed other
Waste Pro client municipalities franchise fees, including the Town of Palm Shores at fifteen
City of Cape Canaveral, Florida
City Council Regular Meeting • December 20, 2022
Minutes • Page 6 of 6
percent, Melbourne Village ten percent, Town of Melbourne Beach fifteen percent, City of
Malabar five percent, and the Town of Grant-Valkaria does not have a franchise fee, and how the
numbers fluctuate monthly. Mr. Ulrich discussed the roll -off dumpster exclusion is estimated at
an additional dollar per home and another dollar per container yard for commercial businesses,
the previous shortage of containers, and Waste Pro shipped in additional containers of various
sizes to meet the needs of Brevard County. Council thanked Mr. Loftis and Mr. Ulrich. Discussion
ensued and included tasking Staff and the City Attorney to work with Waste Pro to create an
extending document for agreement to the proposed terms for Council in January. City Attorney
Garganese discussed the City Charter requirement for a new City ordinance for Franchise Fee
Renewal. A motion was made by Council Member Willis, seconded by Council Member
Davis, to move forward with the contract with Waste Pro, creating an ordinance to renew.
The motion carried 5-0.
10. Discuss the removal of the playground feature from Veterans Memorial Park
redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub
project. (Submitted by Council Member Kellum): Item postponed by Council to the January 17,
2023 City Council Regular Meeting.
ADJOURNMENT: The Meeting was adjourned at 10:44 p.m.
Wes Morrison, Mayor
Mia Goforth, C. Clerk
SEAL of Cape Canaveral, Florida