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Home My WebLink AboutMinutes 01-15-2013 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY January 15, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:05 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City Manager City Attorney Assistant City Manager /City Clerk Finance Director Community & Economic Development Director Planning & Zoning Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Brevard County Sheriff Lieutenant Cape Canaveral Volunteer Fire Dept. Assistant Chief PRESENTATIONS / INTERVIEWS: David L. Greene Anthony Garganese Angela Apperson John McGinnis Todd Morley Barry Brown Jeff Ratliff Lonnie Dunn Mike DeMorat Paul Ring John Cunningham Proclamation designating January 2013 as National Human Trafficking Awareness Month: Mayor Randels read the Proclamation into the record and explained Governor Scott's request to join together to bring awareness to this crime. Key to the City Plaque — Brevard County Sheriff's Office Commander Alan Moros: Mayor Randels read a synopsis of Commander Moros' career to date and presented a Key to the City Plaque. Commander Moros expressed his appreciation for the City Council, Staff and the Cape Canaveral Volunteer Fire Department. He shared memories of his City of Cape Canaveral, Florida City Council Regular Meeting January 15, 2013 Page 2 of 5 service to the City and work with the Police Athletic League. Mayor Randels noted the positive impact the Youth Center has made to the community. CITY ATTORNEY'S REPORT: None AUDIENCE TO BE HEARD: Joyce Hamilton spoke about a movement led by realtors to improve the entrance to the City via the Beachline. She encouraged the City Council to work with Port Canaveral to improve the area. Jay Airis hoped for an exercise circuit at Canaveral City Park. He urged for ease of maintenance to be considered when selecting the equipment. As President of Casa Canaveral Condo Association, he raised objection to the use of "Casa Canaveral" for the Assisted Living Facility as it may pose a problem /confusion during an emergency. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. Council Member Walsh requested removal of item two. 1. Approve Minutes for City Council Meeting of December 18, 2012: 2. Ratify changes to the Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL -CIO): A motion was made by Council Member Hoog, seconded by Council Member Petsos, to approve the minutes of December 18th. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. #2 The item was discussed. It was noted the entire contract will be open for negotiation this year. A motion was made by Council Member Petsos, seconded by Council Member Walsh, to approve item number two of the Consent Agenda. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARING: 3. Ordinance No. 01 -2013; relating to the State Revolving Fund Program; pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed eight million dollars for purposes of funding certain wastewater and stormwater improvement projects; authorizing the loan agreement(s): establishing City of Cape Canaveral, Florida City Council Regular Meeting January 15, 2013 Page 3 of 5 pledged revenues: designating authorized representatives, providing assurances providing for the repeal of prior inconsistent ordinances and resolutions severability and an effective date; first reading: Attorney Garganese read the Ordinance title into the record and explained the Charter requirement for same. Mayor Randels explained the history of the Wastewater Treatment Plant financing and it's 2016/17 payoff. A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Bond, to adopt Ordinance No. 01 -2013. The Public Hearing was opened. Jay Airis and Patricia Dugan asked questions to which various individuals replied. The Public Hearing was closed. Discussion ensued and included, the authority granted by Section 8, the existing debt and prior deferred maintenance /upgrades. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 4. Ordinance No. 02 -2013; amending Chapter 110, Zoning, of the Code of Ordinances to repeal the Special Exception in the C -1 and C -2 Zoning Districts for Commercial Establishments for the storage or parking of recreational vehicles, trailers and trailerable items; amending the M -1 Zoning District regulations to make outside storage a Principal Use: 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 Zoning Director Brown reviewed the steps taken which led to the development of the Ordinance and recommended the Ordinance be returned to the P & Z Board for study of uses for "Outside Storage ", which may require additional screening requirements. Discussion ensued and included: the need for a definition of "Outside Storage "; concerns over "Outside Storage" abutting a residential area; the need for additional screening when abutting a residential property, but not another property Zoned M1; and sending the Ordinance back to the Planning and Zoning Board to be reworked prior to taking any action. The Public Hearing was opened. Attorney Garganese responded to Joyce Hamilton's questions. The Public Hearing was closed. Discussion resumed and included: buffering requirements; prohibiting "Outside Storage" as a principal use in the M1 Zoning District; the correlation between the enhanced landscape /buffering requirements of the Overlay District and the Zoning Code /underlying Zoning of the property; and the need for "Way Finding" signs for certain items. Consensus was reached to send the Ordinance back to the Planning and Zoning Board for further study. 5. Ordinance No. 03 -2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to Commercial Parking Facilities in the A1A Economic Opportunity Overlay District; 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 Zoning Director Brown explained the history of Commercial Parking Facilities; the prior designation for this use as a special exception; the recommendation of the Planning and Zoning Board and the need for the Board to further consider screening by a fence, wall and /or landscaping. Discussion ensued and included whether the Ordinance could be City of Cape Canaveral, Florida City Council Regular Meeting January 15, 2013 Page 4 of 5 adopted on first reading, amended to require screening and return for second reading. Consensus was reached to return the Ordinance to the Planning and Zoning Board for further study. Bob Bauger's objection to the elimination of an existing accessory use, which would make current businesses non - conforming, was discussed at length. ITEMS FOR ACTION: 6. Resolution No. 2013 -01; adopting a revised Investment Policy pursuant to Section 218.415, Florida Statutes; providing for the repeal of prior inconsistent resolutions and written Investment Policies, severability; and an effective date: Attorney Garganese read the Resolution title into the record and explained same. A motion was made by Council Member Petsos, seconded by Council Member Walsh for approval of Resoution 2013 -01. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 7. Commercial parking and code - related parking surface requirements: No action was taken. It was noted, that as a part of the upcoming budget, paved surfaces at Manatee Sanctuary and Banana River Parks would be needed, as well as addressing overflow parking for special events. Joyce Hamilton encouraged amending the Code to allow for "millings" as an approved surface. REPORTS: 8. Council Mayor Pro Tem Bond encouraged more people to attend the meetings and welcomed Major DeMorat. Council Member Walsh welcomed back Major DeMorat and noted low attendance usually signifies the Council /City is doing a great job. Council Member Petsos welcomed Major DeMorat back to the City and noted the Sea Oats Planting Project on February 9th at Cherie Down Park. He indicated after this year, approximately 72,000 plants will have been added. Council Member Hoog welcomed Major DeMorat, noted the installation of Council Member Walsh as the First Vice President for the Space Coast League of Cities and requested the addition of a microphone for the City Clerk. Mayor Randels recognized the Cape Canaveral Volunteer Fire Department for their great work and noted the assistance provided to his neighbor. City of Cape Canaveral, Florida City Council Regular Meeting January 15, 2013 Page 5 of 5 ADJOURNMENT: There being no further business, the Meeting adjourned at 8:59 P.M. Angela M. Apperson, MMC, Assistant City Manager /City Clerk Rocky Randels, Mayor SEAL of Cape Canaveral, Florida