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HomeMy WebLinkAboutMinutes 07-17-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 17, 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 Pro Tem Betty Walsh Council Member Absent: Mayor Rocky Randels Others Present: City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager/City Clerk Angela Apperson Finance Director John McGinnis 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: Interview Applicant Ronald Friedman for the Planning and Zoning Board: Attorney Garganese asked Mr. Friedman if the information provided on his application is true and correct; to which Mr. Friedman replied in the affirmative. Attorney Garganese indicated Mr. Friedman has been on the Board for many years and asked him to describe what he enjoys about it and what he believes he contributed. Mr. Friedman reviewed his service on the Board, length of residency in the City, and his work as a Civil and Environmental Engineer in New York State as well as serving as part-time City Engineer for two City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 2 of 5 municipalities. He indicated he enjoys being part of the community and shared his prior involvement. Council Members complimented and thanked Mr. Friedman for his work on the Board. Add on Presentation: A1A Multi-Modal Corridor Planning and Engineering Analysis Project: Mr. John Moore, Florida Department of Transportation (FDOT) reviewed the impetus for the Project. He noted FDOT is managing the Project which is stakeholder driven. It blends two types of work projects together; one is a planning effort and the other is an engineering analysis, which will provide enough preliminary engineering to go right into the design. This will allow construction to move forward expeditiously. The Project will identify financially feasible tasks. He stressed this is not designed to require Project Development and Environmental Analysis or to require major right-of-way acquisition needed for road widening. Some of the improvements may require private funding. Mr. Moore explained the consultant team and the Project flow chart. He reviewed the "Wish List" presented by the A1A Action Committee, the Speed Limits within the corridor and the possibilities for reducing the speed limit by changing the character of the corridor. The next Steps include: Stakeholder Interviews; data collection; documentation of existing conditions; and a Charette. Mr. Moore answered questions which included: finishing the Project by the end of the calendar year; breaking ground in 2015 or 16; studying whether the existing speed limit should be lowered; and that it will not force things like roundabouts or bike lanes when a wide bike path is provided. CITY ATTORNEY'S REPORT: None AUDIENCE TO BE HEARD: Patricia Dugan expressed her feelings that it was too hot to ride along A1A and shared her observations that people prefer to ride along the Ocean where there is a breeze. CONSENT AGENDA: 1 . Approve Minutes for Regular City Council Meeting of June 19, 2012: 2. Adopt Resolution No. 2012-13; Appointing a Member to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Ronald Friedman): Council Member Hoog requested review of page five of the minutes, where it states "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." The handout was reviewed and the section was discussed. Council agreed to the following amendment: Consensus, with Council Member Petsos dissenting, was reached to accept the handout which changes Sec. 110-624(1), which allows building City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 3 of 5 heights above 65 feet may be considered pursuant to a Planned Development approved by the City Council on a case-by-case basis. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for the two Consent Agenda items as amended. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. PUBLIC HEARING: 3. 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, second reading: Attorney Garganese read the Ordinance title into the record. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Petsos, to approve. 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, Absent; and Mayor Pro Tem Walsh, For. 4. 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, second reading: Attorney Garganese read the Ordinance title into the record. Discussion ensued and included the "Use Matrix"; whether legal offices are allowed and the "Flex Space Designation". Mr. Brown indicated the "Use Matrix" is not a complete listing of uses within C-1 , C-2 and M-1 Districts. Consensus was reached that the "Flex Space Designation" will remain in the Ordinance. The discussion moved to the "High Tech Category" and the definition for same. Consensus was reached to add two comas to page 8, line 270, so it would read: "High Technology uses include, but are not limited to, the manufacture". Discussion turned to the addition of a Commercial Parking Facility as a Special Exception in the M1 Zoning District, with a lot size limitation of five acres or more and the allowance for parking facilities adjacent to commercial developments. A motion was made by Council Member Hoog, seconded by Council Member Petsos, for acceptance as amended. The Public Hearing was opened. Leo Nicholas read a portion of the Vision Statement and felt the proposed Ordinance violates the Vision Statement. He urged the Council to modify the Ordinance to eliminate the possibility to have buildings taller than 45 feet in height. It was noted the Visioning Report was accepted by the City Council, not adopted. Charles Pindziak encouraged removal of the requirement for a Special Exception related to parking facilities within the City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 4 of 5 M1 District. He urged it be a permitted use. Mr. Barry Brown explained out-side storage requires a Special Exception and parking is a similar use; the current Code requirements for landscaping buffers may not be adequate for a Commercial Parking Facility. Council Comments supported the use of a Special Exception. 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, Absent; and Mayor Pro Tem Walsh, For. 5. Economic Development Ad Valorem Tax Exemption: a. Adopt 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, second reading: Attorney Garganese read the Ordinance title into the record. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 12-2012. Oxysonix representative Gary Mussleman explained Brevard County approved the request for exemption. He reviewed the focus of the Oxysonix Corporation is to create products that allow carbon fuel to burn cleaner. He indicated the experience of the engineers in the area will support the business focus. The work they will be doing is engineering and testing. He indicated the proposed facility is almost perfect for them. They do not anticipate manufacturing at this facility. The Public Hearing was opened. Patricia Dugan agreed with the need to reduce hydro carbons; but wanted to know what type of impacts this facility may have on the environment, to which Mr. Mussleman responded there are no pollutants. 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, Absent; and Mayor Pro Tem Walsh, For. b. Approve the Economic Incentive Agreement with Oxysonix Corporation: A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve the Agreement. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 6. Resolution 2012-12, adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2012/2013 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Pro Tem Walsh indicated the millage rate is not going to change. The next budget meeting is set for August 21 , 2012 at 2:30 p.m. It was noted the approval tonight will be forwarded to the Property Appraiser for notification of the property owners; as well as the adoption of a rate that will lock the City to this rate or a lower rate, unless the City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 5 of 5 property owners are sent another public notice. Attorney Garganese read the Resolution Title into the record. A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Walsh, for adoption. Council compliments were given for the budget preparation and the ease of understanding the document. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. REPORTS: 7. Council Council Member Bond remarked the real estate market is changing at a faster pace. He indicated people are receiving multiple offers on property and owners are no longer accepting less than asking price. He noted the positive impact this will have on the City's financial position. Mayor Pro Tem Walsh noted the projected tax base decrease is less than 1%. She indicated there is not a lot of property available within the City. City Manager David Greene noted last year there was a 13-14% decrease in taxable value of the Community. Council Member Petsos and Mayor Pro Tem Walsh complimented Staff on the budget work. Mayor Pro Tem Walsh noted the Budget is very aggressive, but it will get the City where it needs to be. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:41 P.M. Betty Walsh, Mayor Pro Tem . Angela M. Apperson, MMC, City Clerk SEAL of Cape Canaveral, Florida