HomeMy WebLinkAboutcocc_council_mtg_minutes_20231017_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
October 17, 2023
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 (via webinar)
Wes Morrison
Angela Raymond
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Director
Capital Projects Deputy Director
Community + Economic Development (C+ED) Dir.
C+ED Deputy Director
C+ED Senior Planner
C+ED Resilience Engineering Services Manager
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Lieutenant
Brevard County Sheriff's Office Deputy
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Jeff Ratliff
Tim Carlisle
Dave Dickey
Brian Palmer
Kyle Harris
Alexis Miller
Lisa Day
Scott Molyneaux
Joseph Schulze
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS. Council reached consensus
to approve the Agenda as written.
PRESENTATIONS/INTERVIEWS:
Presentation of Proclamation, declaring October 27 — November 4, 2023 as "Mobility Week"
for the City of Cape Canaveral, in partnership with the Florida Department of Transportation
to Georganna Gillette, Executive Director of the Space Coast Transportation Planning
Organization: Mayor Morrison read and presented the Proclamation to Ms. Gillette, who thanked
the Council and discussed appreciation for City's leadership in bicycle and pedestrian safety.
Presentation by representatives from the Zonta Club of Melbourne, promoting Zonta
International's Vision of a world in which women's rights are recognized as human rights and
every woman is able to achieve her full potential: Ms. Donna Melcher, Treasurer/Past President
Zonta Club of Melbourne, made the presentation, invited local businesses to light their shops
orange in the City, and thanked Council.
City of Cape Canaveral, Florida
City Council Regular Meeting • October 17, 2023
Minutes • Page 2 of 4
Interview Applicant for appointment to the Planning and Zoning Board. (Daniel Sharpe): City
Attorney Garganese confirmed information contained in the Application to be true and correct,
after Mr. Sharpe confirmed his error in not checking a box under Section 6. Mr. Sharpe shared his
background and reasons for interest in serving on the Board. Council thanked Mr. Sharpe.
PUBLIC PARTICIPATION: John Benton, visitor, discussed a code reduction hearing before being
warned by the Chair citing language from City Code Section 2-66 (h) that there will be no
slanderous remarks or boisterousness, otherwise he would be asked to leave. Mr. Benton
continued discussing his concerns.
Shannon Roberts, resident and property owner, announced the Space Coast League of Women
Voters Candidates Forum will take place on Saturday, November 4, 2023, Noon to 2:00 p.m. at
the Cape Canaveral Library, and discussed accessibility and parking concerns related to
community events National Night Out and Friday Fest.
CONSENT AGENDA:
1. Approve Minutes for the September 19, 2023 Workshop and September 20, 2023 Regular
Meetings.
2. Resolution No. 2023-24; appointing 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. (Daniel Sharpe)
3. Resolution No. 2023-25; reappointing members to the Business and Economic
Development Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions, severability and an effective date. (Chelsea Partridge and Jayne
Saydah)
4. Approve quote from Holland Pump Company in the amount of $177,685 for the purchase
of a submersible pump system to be installed as part of the Center Street Drainage
Improvement Project and authorize the City Manager to execute the same.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve the Consent Agenda. The motion carried 5-0.
PUBLIC HEARINGS:
5. Ordinance No. 10-2023; amending the City of Cape Canaveral Comprehensive Plan
Future Land Use Element by Establishing a Mixed -Use (MXU) Land Use Category and Related
Objective and Policies, providing for the repeal of prior inconsistent ordinances and
resolutions, incorporation into the Comprehensive Plan, an effective date and legal status of
the Plan amendments, first reading for the repeal of prior inconsistent resolutions, severability
and an effective date: City Attorney Garganese read the title into the record. City Manager Morley
explained the Item. The Public Hearing was opened. Peggy Schaller, resident and business owner,
discussed support for the Item, and interest in multi -use units without the seven -acre requirement.
City Manager Morley discussed how the proposed Ordinance does not address smaller MXU
projects eligible for density bonuses, however live -work units are in the Ordinance but without
the density bonus on smaller properties. Discussion ensued and included access to Astronaut
Boulevard, Center Street, and West Central Boulevard. Attorney Kim Rezanka, representing DG
Beach Waves, Inc., distributed handouts to Council and Staff, discussed her client's proposed
project, and requested that Council consider changes to the Ordinance. Tom Hermansen, business
owner, distributed a handout to the Council and Staff, discussed support for the Item, and
City of Cape Canaveral, Florida
City Council Regular Meeting • October 17, 2023
Minutes • Page 3 of 4
requested Council consider adding North Atlantic Avenue to the Ordinance. Discussion ensued
and included why North Atlantic Avenue was not included in the Ordinance. City Manager Morley
explained the Planning and Zoning Board concern regarding additional traffic on a minor road.
The Public Hearing was closed. Discussion continued regarding ambiguity in the Code, concern
over building height, underground parking in residential districts, Senate Bill 250, the Planning
and Zoning Board's recommendation to limit height, how there are only five to seven properties
in the City which meet the 7-net developable acres provision, MXU versus live -work units, and
why North Atlantic Avenue was excluded from the Project. City Attorney Garganese discussed
Council efforts to protect the residential areas on North Atlantic Avenue with Administrative
Rezonings which are still underway. Discussion continued regarding whether the City is being too
restrictive with height and set -back requirements, and how developers have seen the City's
desired direction based on its Visioning, Resilience and Comprehensive Plans. City Manager
Morley explained next statutory steps in the process if Council approves the proposed Ordinance
at first reading. Community and Economic Development Director Dickey discussed the 30-day
turnaround from the State, which means the second reading of the proposed Ordinance should
be ready for the December City Council Regular Meeting. A motion was made by Council
Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 10-2023, on
first reading. City Manager Morley confirmed that Council may amend the Ordinance based upon
comments from the State, and depending on what kind of changes are made, re -advertisement
of the proposed Ordinance may be required. The motion carried 5-0.
6. Ordinance No. 11-2023; adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2022, and ending September 30, 2023;
providing for an effective date, first reading: City Attorney Garganese read the title into the
record. City Manager Morley explained the Item. Discussion ensued and included comparison of
past fiscal year City Budget totals, contingencies, expenditures, and Budget transfers. A motion
was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve
Ordinance No. 11-2023, on first reading. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. The motion carried 5-0.
ITEM FOR DISCUSSION:
7. Discussion of considerations toward the possible development of an Ordinance
pertaining to Nonconforming Developed Lots of Record. (Submitted by Council Member
Willis): Council Member Willis read the Summary Item including a request for City Attorney
Garganese to review this issue, and advise Council on options to address protection of citizens
property rights. City Manager Morley discussed having contacted the Brevard County Clerk of
Courts several years ago regarding this issue, and which indicated to him that the agency would
not interfere with constitutional rights to buy and sell property. Discussion ensued and included
desire for Staff to contact the Brevard County Clerk of Courts again to address the matter,
difficulties people are having with obtaining insurance and refinancing due to non -conforming
property issues, interest in protecting the City's homeowners ability to replace their homes,
underwriters walking away from sales due to non -conforming issues, desire for Staff to provide
examples of failed sales for Council to review, and clarification that this issue is not related to
any vacant, non -developed lots that are non -compliant. Council reached consensus for the City
Attorney and Staff to address the three questions presented in the Agenda Item Summary,
bring the Item back to Council, and to confirm whether the Brevard County Clerk of Court
position on the matter requires City approval prior to any lot recording. Lamar Russell, resident
City of Cape Canaveral, Florida
City Council Regular Meeting • October 17, 2023
Minutes • Page 4 of 4
and Planning and Zoning Board Chair, discussed how the City Council already dealt with this
issue at a Meeting chaired by former Mayor Bob Hoog, and suggested the Planning and Zoning
Board research the matter. Kay Jackson, resident, business and property owner, discussed
support for the Item.
REPORTS:
Mayor Pro Tem Raymond requested the Council consider starting a program to assist The Society
of St. Vincent de Paul, which assists many Cape Canaveral citizens needing help with rent, utilities
and food, by using the City's leftover unrestricted American Rescue Plan Act funds; discussed
attendance at the Space Coast League of Cities Meeting on October 9, 2023, and the upcoming
Brevard County Legislative Delegation meeting scheduled for October 25, 2023 at the Canaveral
Port Authority Board of Commissioners meeting room.
Council Member Davis discussed attending the Space Coast League of Cities Meeting on October
9, 2023, and requested an informational flyer from the Florida Wildlife Hospital depicting what to
do with injured animals be placed on the City website.
Council Member Willis discussed meeting with Staff and Florida Department of Highway
Transportation representatives on October 13, 2023 regarding the potential for crosswalks along
State Road A1A.
Mayor and Council expressed desires for Council Member Kellum to get well soon.
Mayor Morrison discussed attending the 8th Annual Rescuing Veterans Lost in America Dinner
Fundraiser for National Veterans Homeless Support held at the Radisson Resort in Cape Canaveral
on October 6, 2023, and recommended all attend next year.
City Manager Morley discussed the Coffee with the City Manager scheduled for Friday, October
20, 2023 at 10:00 a.m., and the City Council Workshop scheduled for October 24, 2023 at 1:00 p.m.
Community and Economic Development Director Dickey announced Resilience Engineering
Services Manager Lexi Miller recently passed the Engineering Intern Exam, which is a first step
toward the designation of Professional Engineer.
ADJOURNMENT: The Meeting was adjourned at 8:20 p.m.
Wes Morrison, Mayor
Mia Goforth, City,Clerk
SEAL of Cape Canaveral, Florida