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HomeMy WebLinkAboutMinutes 08-21-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 21, 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 Council Member Council Member Mayor Mayor Pro Tem John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Others Present: City Manager City Attorney Assistant City Manager/City Clerk Finance Director Building Official Planning and Development Director Leisure Services Director Public Works Services Director Brevard County Sheriff Commander Brevard County Sheriff Sergeant Cape Canaveral Volunteer Fire Dept. Assistant Chief David L. Greene Anthony Garaganese Angela Apperson John McGinnis Todd Morley Barry Browj Robert Lefever Jeff Ratliff Alan Moros Scott Pikus John Cunningham PRESENTATIONS / INTERVIEW Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member John Bond: Mayor Randels presented Council Member Bond a certificate of completion for the his attendance at the Institute for Elected Municipal Officials (IEMO) City of Cape Canaveral Certificate of Appreciation to Life Scout Zack Scott for completion of the Brevard County Sheriff's Office Canaveral Precinct Landscaping Project: Mayor Randels presented a Certificate of Appreciation to Zack Scott. Commander Moros presented Zack with a plaque of Appreciation. Mayor Randels thanked those present City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 2 of 6 from the Troop. It was noted there are 32 Scouts at this time and they meet almost every Monday night at United Methodist Church in Cocoa Beach. Interview Applicant Lynn Peppel for the Library Board: Mayor Randels noted Ms. Peppel was not in attendance. Interview Dennis R. Jenkins and George J. Sweetman for reappointment to the Board of Adjustment: Mr. Jenkins explained he has retired from the space program and enjoys working with Barry Brown, the City Staff, as well as giving back to the community. Council Member John Bond complimented Mr. Jenkins' service and recommended for approval. Mr. Sweetman was not present. Interview Dr. John Fredrickson for reappointment to the Planning and Zoning Board: Dr. John Fredrickson reviewed his "Things to do" list, which explained his civic involvement throughout Brevard County. Mayor Randels noted his many years of service on the Board. Dr. Friedrickson suggested placing the Council on a raised platform. CITY ATTORNEY'S REPORT: Attorney Garganese noted the property closing between the City and the Canaveral Volunteer Fire Department will take place within the next two weeks. AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Randels requested item #1 be removed from the Consent Agenda for discussion. 1. Approve Minutes for City Council Budget Workshop Meeting of July 17, 2012 and Regular City Council Meeting of July 17, 2012: 2. Adopt Resolution No. 2012-11; Appointing a Member to the Library Board of the City of Cape Canaveral, Florida; providing for an effective date. (Lynn Peppel): 3. Adopt Resolution No. 2012-14; Reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Dr. John Fredrickson): 4. Adopt Resolution No. 2012-15; Reappointing Members to the Board of Adjustment of the City of Cape Canaveral, Florida; providing for an effective date. (Dennis R. Jenkins and George J. Sweetman): 5. Adopt Resolution No. 2012-17; related to the adoption of the Tentative Proposed Millage Rate: City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 3 of 6 6. Approve a Task Order for Baskerville -Donovan, Inc. (BDI) in the amount of $71,980 for the completion of a Wastewater/Stormwater Facilities Plan as required by the State Revolving Fund (SRF) Program administered by the Florida Department of Environmental Protection (FDEP): 7. Ratify Proposed Events and Expenditures for the City's 50th Anniversary Nine - Month Celebratory Campaign: 8. Approve Task Order with Kimley-Horn and Associates, Inc. to prepare the Community Redevelopment Plan as required by Florida Statutes to establish a Community Redevelopment Agency and authorize the City Manager to execute it on the City's behalf: A motion was made by Council Member Bond, seconded by Council Member Hoog, to approve Consent Agenda Item Nos. two through eight. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. #1. Mayor Randels noted a correction to the Workshop Meeting minutes. He asked whether the minutes should be tabled due to a letter received from Mr. Pindziak. City Manager Greene explained the letter from Mr. Pindziak requests the Council reconsider requiring a Special Exception for a commercial parking facility and noted the minutes are correct. Charles Pindziak advocated for the removal of the Special Exception requirement for a commercial parking lot as required by the passage of Ordinance 11- 2012. Discussion ensued and included: the parking/outside storage buffer requirements; the Planning and Zoning Board's recommendation for this use to only be allowed by Special Exception; that the Code may not provide adequate buffering needed for the type of surrounding uses; that the minutes should not be tabled; not being in favor of special exception requirements; the anticipated mixed use developments that may be adjacent to a commercial parking facility and the need to adequately screen the parking facility from residential properties. A motion was made by Mayor Randels, seconded by Council Member Petsos, to approve #1 from the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. PUBLIC HEARING: 9. Adopt Resolution No. 2012-16; finding that the conditions within a specific area of the City of Cape Canaveral, generally described as being bounded by the Port of Canaveral on the north, to one block west of State Road AM south followinq the existing city limits and east to Ridgewood Avenue, more particularly described herein, meet the criteria of Section 163.340(8), Florida Statutes, as a blighted area; declaring that one or more blighted areas exists; declaring that the rehabilitation, conservation City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 4 of 6 and redevelopment of such blighted areas is necessary in promoting the public health, safety, morals, and welfare of the residents of Cape Canaveral; determining that there is a need for the creation of a Community Redevelopment Agency to carry out the redevelopment purposes of Chapter 163, Part III, Florida Statutes, within the identified blighted area; naming the agency for said district the Cape Canaveral Community Redevelopment Agency; declaring the Board of Commissioners of said community redevelopment district shall consist of the members of the City of Cape Canaveral City Council; providing for the repeal of prior inconsistent resolutions; severability; and an effective date: Attorney Garganese read the Resolution title into the Record and noted the requirement for passage to create a Community Redevelopment Area. Planning and Development Director Brown explained the Brevard County Commission approved a Resolution delegating its power to create a Community Redevelopment Area to the City of Cape Canaveral. Mr. Brown noted the Finding of Necessity attached to the Resolution, the Redevelopment Plan to be created by Kimley-Horn and Associates, Inc., which will list the types of projects to be completed within the CRA; that the City Council, sitting as the CRA Board will be asked to recommend the Plan for approval on October 16th; the Plan will then be sent to the County for approval, return to the City Council for adoption; the need to create a Trust Fund; an open house for the Community Redevelopment Plan planned for September 18th at 3 p.m. and additional information will be presented at the following Council Meeting. A motion was made by Council Member Petsos, seconded by Mayor Pro -Tem Walsh, for approval of Resolution No. 2012-16. Mr. Kelley Klepper reviewed a map identifying the properties within the proposed CRA Boundary. He indicated Tax Increment Financing dollars will fund improvements. He explained the North/South districts will allow for smaller discussion areas as the projects progress; the eastern boundary does not include Ridgewood Avenue, and that the Map prevails. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 10. Adopt Ordinance No. 13-2012; amending Article IX of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to prohibit Donation Bins within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date: Attorney Garganese read the Ordinance tile into the record and gave a brief overview of same. Mayor Randels noted the eyesore created by people leaving bulk items next to these bins. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 13-2012. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 11. Consider a new request from the United States Board on Geographic Names, United States Geological Survey, to either recommend a geographic name or City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 5 of 6 recommend leaving a Barrier Island in Brevard County unnamed: Mayor Randels explained the background for this item and the requirement for the US Board on Geographic Names to solicit public input. Council Member Bond supported naming the Island after the Ais Indians. Discussion ensued. A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Walsh, that we leave the island un- named. The motion carried 4-1 with voting as follows: Council Member Bond, Against; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 12. The Mayor and Council discuss/announce scheduling of the required Brownfields Public Hearing for the September 18, 2012 Council Meeting at 6 pm in the Library Meeting Room at 201 Polk Avenue: Planning and Development Director Brown explained the Brownfield Redevelopment Program Public Hearing will occur on September 18, 2012 at the Regular City Council Meeting. He indicated notices will be sent to all property owners within/around the proposed Brownfield Redevelopment Area, as well as the area will be posted. The activities for September 18th were clarified as follows: 3-5 p.m. a CRA/Brownfield Open House, 5:30 to 6:00 p.m. Budget Hearing and 6:00 p.m. the Regular Meeting. A motion was made by Council Member Petsos, seconded by Mayor Pro -Tem Walsh, to schedule the Public Hearing. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. REPORTS: 13. Council: Mayor Pro Tem Walsh requested clarity of the measurement of building height. Planning and Development Director Brown stated it is the measurement between the finished floor to the average between the peak and the fascia for a pitched roof, that a ground floor garage is considered the finished floor. Mayor Randels noted certain items do not apply to the definition of height such as an elevator shaft, stair wells, and a parapet wall hiding roof air conditioning units. Mr. Brown suggested Mayor Pro Tem Walsh phone him to further discuss this matter. Council Member Bond spoke about the Special Exception granted for RV/Vehicle Storage at Yogi's and how this goes against everything the City is trying to accomplish. He requested a consensus of the Council to ask the Planning and Zoning Board to study this issue and provide a recommendation to the City Council for possible code revisions. Discussion ensued and included: further explanation of the Code allowance for this use within the C1 Zoning District, pursuant to a Special Exception; the direction the City is headed pursuant to the Visioning effort; the request was evaluated based upon the Code criteria and requires restricted access to the site, additional screening and enhanced landscaping; the need to consider Code revisions to prohibit this activity along A1A; that the property owner has no vested rights to the continuation of a specific City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2012 Page 6 of 6 zoning code, unless they have taken concrete steps in which to initiate a use/going through the permit process; and the City Council has the right to amend the Zoning Code. Consensus was reached to have the Planning and Zoning Board study this item and return a recommendation to the City Council. Council Member Petsos noted the Port has a Charter Review Board. He asked for consensus for the City Manager to address the Port Charter Review Board to ensure the Community input and ability to hold referendum if individuals believe what they are building is not correct. The request was briefly discussed. Consensus was reached to have the City Manager address the Board. Council Member Petsos noted a new restaurant opened in Cocoa Beach and he asked them why they did not consider Cape Canaveral. He indicated they did not choose Cape Canaveral due to the large impact fees. City Manager Greene noted Staff Members will meet with a consultant tomorrow to begin an Impact Fee Study and consider revisions to how they are calculated. He noted Staff is working with an Attorney representing IZZY's Bistro regarding the Impact Fee/Code Enforcement issues. ADJOURNMENT: There being no further business,the Meeting adjourned at 7:21 P.M. Rocky Randels, MAYOR Angela M. Apperson, MMC, City Clerk