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HomeMy WebLinkAboutMinutes 06-19-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY June 19, 2012 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Members Absent: Mayor Pro Tem Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager/City Clerk Angela Apperson Building Official Todd Morley Planning and Development Director Barry Brown Leisure Services Director Robert Lefever Public Works Services Director Jeff Ratliff Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PRESENTATIONS / INTERVIEWS: VFW Awards Honoring Sargeant Carlos Reyes, Corporal Chris Shepard and Captain Brian Dennison: Leo Nicholas introduced VFW Members. Commander Alan Moros explained the events of a hostage situation, which lead to the Award of Canaveral Deputies of the Year and the plaque was presented to Corporal Chris Shepard. Sargeant Reyes was unable to attend the meeting. Assistant Fire Chief John Cunningham reviewed the achievements of Captain Dennison, which have led to the award of Fire Fighter of the Year and the plaque was presented to Captain Dennison. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2012 Page 2 of 7 Mayor Randels noted the businesses and Civic Organizations are what make up the Community and thanked the VFW for all their work. Cape Canaveral Library Board Annual Report: Library Director Jenny Morrison reviewed the Staff Members; the Volunteers; the Friends of the Library Board Members and the items purchased by them for the Library; the Library Board; the accomplishments in the last year to maintain the building, grounds, shelving, books, dvd's, a new computer center with additional computers; and reviewed the services provided at the Library. During the discussion the following items were noted: changes in electronic devices are expanding the "touch screen" world; there is a gentleman who comes to the Library to help individuals apply for Social Services; the pictures/paintings on display are appreciated, receive positive comments and spark conversation; that the roof is not leaking; however, it is in need of scheduled replacement, the funding is being sought from the County in next year's budget; there has been an increase in the number of individuals visiting the Library, the number of books being checked out has declined slightly, while the number of individuals using the computers has increased; and a student with a Library Card can ride anywhere in the County for free. Interview applicant Marilyn Nicholas for the Library Board: Attorney Garganese asked Mrs. Nicholas if all the information on her application was true and correct, to which she replied in the affirmative. Mrs. Nicholas explained her reasons for desiring to continue to serve. She noted the Library has a piece of information in the monthly Leisure Services advertisement which appears in the Press Tribune. Library Board Chairperson Linda Brown noted the great work of Jenny Morrison and recognized the work of Joanna Atwood as former Chairperson of the Library Board. CITY ATTORNEY REPORT: None AUDIENCE TO BE HEARD: Mrs. Alice Filteau expressed her appreciation for the new transition pads on the pedestrian facility along Ridgewood Avenue. She offered the use of her family's recumbent trikes to the City Council for riding tours of the City. CONSENT AGENDA: 1. Approve Minutes for Regular City Council Meeting of May 15, 2012: 2. Approve Private Subdivision Traffic Enforcement Agreement between the City of Cape Canaveral and Ocean Woods Homeowners' Association, Inc.: 3. Adopt Resolution No. 2012-09; Appointing Marilyn Nicholas to the Library Board of the City of Cape Canaveral, Florida; providing for an effective date: City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2012 Page 3 of 7 4. Approve Work Squad Contract #WS764 between the Florida Department of Corrections and the City of Cape Canaveral: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No requests were made. A motion was made by Council Member Hoog, seconded by Council Member Petsos, to approve the Consent Agenda. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. ITEMS FOR ACTION: 5. Approve Resolution 2012-10, requesting the Board of County Commissioners of Brevard County, Florida, delegate to the City Council the powers conferred upon the County by Part III of Chapter 163, Florida Statutes, in furtherance of the City creating a Community Redevelopment Agency (CRA) within the boundaries of Cape Canaveral; providing for transmittal of this Resolution to the Brevard County Board of County Commissioners; providing for the repeal of prior inconsistent resolutions; severability; and an effective date: Attorney Garganese read the Resolution title into the record and noted this is the first step in the process to create a CRA. He indicated if the County grants the Delegation of Authority, a Finding of Necessity will have to be completed. Planning and Development Director Barry Brown explained the prior recommendations to create a CRA and noted the prior changes to the Comprehensive Plan to allow for a CRA. Marty Black and Kelly Klepper, of Kimley-Horn and Associates, Inc., presented the draft Finding of Necessity, the draft CRA Boundaries and answered questions of the Council. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Resolution 2012-10. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. 6. Request by Oxysonix Corporation for Ad Valorem Tax Exemption and adoption of Ordinance No. 12-2012, granting an Economic Development Ad Valorem Tax Exemption to Oxysonix Corporation; providing an expiration date for the exemption; finding that the business meets the requirements of Section 196.012(15), Florida Statutes; providing for proof of eligibility for exemption; providing a requirement for an annual report; providing for the repeal of prior inconsistent ordinances and resolutions, severability, and an effective date, first reading: Planning and Development Director Barry Brown explained the goals of Oxysonix Corporation and their requests for exemption from the City and Brevard County. A clarification of the property owner was noted. Mayor Randels provided additional explanation of the exemption. Attorney Garganese read the Ordinance title into the record. A motion was made by Council Member Hoog, seconded by Council Member Petsos, to approve Ordinance No. 12-2012. Discussion ensued and included that at second reading of the Ordinance an agreement with the Company will be presented, which will outline what happens if the City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2012 Page 4 of 7 Company does not create the number of anticipated jobs. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. PUBLIC HEARING: 7. Adopt Ordinance No. 11-2012; amending Chapter 110, Zoning, of the Code of Ordinances; to create a new Article X, establishing the A1A Economic Opportunity Overlay District; to create a new Article XI, establishing a Planned Development Process; making conforming amendments to Chapter 110, Zoning; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and an effective date, first reading: Attorney Garganese read the Ordinance title into the record. Planning and Development Director Barry Brown provided information that led to the creation of the Overlay District and a brief overview of the goals for the District. He reviewed the District boundary and explained the prior meetings held to explain the goals of the District to property owners. Mr. Brown noted the addition of a definition for high technology industry and a change to the land use matrix to remove residential uses unless they are a part of a Commercial Planned Development; as well as removal of the second and third to the last sentences in Section 110-587(4). He explained the Ordinance will change the allowed height of a building from 45 feet to 6 stories with approval of the Community Appearance Board and more than 6 stories will have to be approved by the City Council. Mayor Randels reviewed where the proposed changes would occur in the Ordinance. The Public Hearing was opened. Lamar Russell, Planning and Zoning Board Chairman, reviewed the height recommendation from the Board and characterized the changes as Development leeway. He asked Council Members to be brave and vote for the new guidelines. Bob Baugher thanked those who were part of this process, as it was very refreshing. He spoke of the hard economic times; the Overlay District is another tool for development and the need to change the corridor to bring businesses into the City. Leo Nicholas referred to the former zoning code, which had no height limits or density requirements, and likened the Overlay District as a return to the former code. He noted the Visioning Statement advocates for a 40 foot height limitation and expressed concern over not having a definition of what comprises a story. He encouraged allowing residential uses along A1A and advocated to address density, as well as concurrency management for public facilities such as sewer capacity, libraries, streets and the like. Tom Hermansen spoke in favor of the plan and characterized it as very well thought out for the redevelopment of the City. He complimented the City for the speed at which the plan was created; indicated the additional height allowance is only along the A1A corridor, which would promote development of a City Center and the development restrictions will allow for reinvestment in the area. John Gal read a prepared statement questioning the land use matrix and the parking restrictions. He expressed his views of allowing parking facilities within the M1 District. Don Haynes felt giving developers the latitude proposed in the district allows them to be creative. He owns a property zoned commercial, which is surrounded by residential properties, which were granted by City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2012 Page 5 of 7 Special Exception. He would like to build residential, but needed to go taller because the lot is wooded. He requested clarification on the height limitation proposed in the district, to which Mr. Brown responded. Charles Pindziak advocated against parking areas that are readily visible as you enter the City along A1A and for allowing parking structures in the M1 District, rather than only granting them to hotels. Mr. Russell responded to the prior question of density and noted the density remains the same and concurrency management still applies throughout the City. Council Member Hoog complimented the members of the P & Z Board for their work on the plan. Mr. Nicholas relayed changes that were previously made for the Assisted Living Facility, to which Mr. Greene and Mr. Brown explained there is an equivalency ratio for density and reduction in parking, as many individuals will not own vehicles; however, the overall density remains the same. Council Member Hoog advocated for the elimination of residential construction within the Overlay. He favored parking in the M1 district which removes the parking from along A1A and supported having the buildings along the roadway with the parking in the rear. Mr. Brown explained the plan encourages moving the buildings closer to the road and placing the parking behind the buildings. He noted any parking garage would have to be behind the building. Council Member Petsos noted a mixed use development would be allowed to have a parking garage which is behind the building. Mr. Brown explained the current code does not speak to parking as the single commercial use. Discussion ensued and included whether to allow parking facilities; car rental facilities are needed for tourism; however, they could be better located to the Port by use of the M1 Zoning District and reduce trips along A1A; that "Outside Storage" is allowed by Special Exception, the proposed extension of Columbia Drive between the City and the Port; the current movement at the Port related to capturing all the cruise parking; which may make them not want to extend the roadway. A consensus was reached for Staff to return a recommendation related to parking in the M1 Zoning District. Council Member Petsos requested changes on Page 14 to require utilities underground and all roof top equipment screened from view on all sides and Page 15, to delete section "d". He asked for clarification of the 25% transparency requirement on Page 18, to which Mr. Brown explained this refers to the wall needing at least one window. Council Member Petsos asked where signs will be addressed, to which Mr. Brown explained signs will be covered under the sign code, which will be revised to require new standards. Discussion returned to height and that anything above 45 feet needs to be approved by the City Council and reviewed by the Community Appearance Board. A hand out for changes to Sec. 110-624(1) was distributed. Consensus, with Council Member Petsos dissenting, was reached to accept the handout which changes Sec. 110-624(1), which allows building heights above 65 feet may be considered pursuant to a Planned Development approved by the City Council on a case-by-case basis. Discussion moved to lot coverage and whether to include Mr. Haynes' property in the Overlay District. Consensus was reached to limit lot coverage to 80%, provided setback, stormwater and landscaping requirements are met and to keep the District boundary along the river, which deletes Mr. Haynes property from the District. A motion was made by Mayor Randels, seconded by Council Member Hoog, to adopt Ordinance No. 11-2012 with the amendments. The motion carried 4-0 with voting as follows: Council Member City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2012 Page 6 of 7 Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. Barry Brown recognized Andre Anderson and the Planning Design Group for their work to create the District. 8. Adopt Ordinance No. 08-2012; amending Chapter 110, Zoning, of the Code of Ordinances; adding tattoo and body piercing establishments to the list of principal uses and structures in the M-1 Light Industrial and Research and Development District; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and an effective date, second reading: Attorney Garganese read the Ordinance title into the record. Mayor Randels provided a brief explanation of the Ordinance. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 08-2012. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. 9. Adopt Ordinance No. 09-2012; amending Article VI, Chapter 2, of the City Code related to Code Enforcement Citations; amending the list of City Code provisions enforced through issuance of a civil citation to include Chapter 62, Solid Waste; making conforming amendments to Chapter 62; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Attorney Garganese read the Ordinance title into the record. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Mayor Randels provided a brief explanation of the Ordinance. Discussion ensued as to prior Ordinance, prior procedure and enforcement of same. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 09-2012. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. ITEMS FOR ACTION: 10. Adopt Ordinance No. 10-2012; amending Section 2-56 of the City Code to modify the starting time of Regular City Council Meetings from 7:00 pm to 6:00 pm; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Attorney Garganese read the Ordinance title into the record. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance 10-2012. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. 11. Designate one (1) City Official to be the Voting Delegate at the 86th Annual Florida League of Cities Conference scheduled for August 23-25, 2012 — Westin City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2012 Page 7 of 7 Diplomat, Hollywood, Florida: Council Member Bond indicated he would like to attend the Conference and would serve as the Voting Delegate. It was noted the City only budgeted for two attendees. Consensus was reached to have Council Member Bond as the Delegate and Mayor Pro Tem Walsh as the Alternate Delegate, should she desire to attend the Conference. 12. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene: Mayor Randels asked if everyone was in agreement with the Composite Evaluation, to which no objections were noted. Council Member Hoog suggested that based upon the scores of the Evaluation and the accomplishments over the past year, the base salary for the City Manager should be raised to $109,000.; to which Mayor Randels voiced his support. Council Member Petsos inquired as to the % of increase that was being proposed in the upcoming budget for Staff Members. City Manager Greene replied the budget is being prepared with a recommendation of up to a three percent merit raise dependent upon individual performance evaluation. Council Member Bond asked what former Manager Boucher was making when he left; a reply of over $120,000 was given by Council Member Hoog. Council Member Bond responded the raise to $109,000. is appropriate given the many accomplishments of Mr. Greene and explained he would not want to go through a costly search for a new City Manager. Discussion ensued. A motion was made by Council Member Hoog, seconded by Mayor Randels, to increase the base salary to $109,000.00. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Absent. COUNCIL REPORTS: None ADJOURNMENT: There being no further business, the Meeting adjourned at 9:32 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida