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HomeMy WebLinkAboutMinutes 02-19-2013 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY February 19, 2013 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: Mayor Pro Tem John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Attorney Anthony Garganese Assistant City Manager/City Clerk Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director Barry Brown Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Mike DeMorat Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PRESENTATIONS / INTERVIEWS: Interview applicant Maureen Michel for appointment to the Culture and Leisure Services Board: Attorney Garganese asked Ms. Michel if all information on her application was true and correct, to which she replied in the affirmative. Ms. Michel explained her desire to serve. Ms. Michel's experience as a certified referee was noted. Council Members welcomed her to the Board. CITY ATTORNEY'S REPORT: None City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 2 of 6 AUDIENCE TO BE HEARD: Joyce Hamilton noted the proposed beautification improvements to SR 528 have grown to include the name "Linear Parkway". David Reynolds provided a handout and spoke of what he perceives as public nuisance issues within his neighborhood related to Friday Fest. He advocated for a Noise Ordinance which includes maximum decibel, base and treble volume levels. He also objected to open containers, people drinking from private coolers, no police presence and the bad image it presents for the City. Assistant City Manager/City Clerk Apperson committed to scheduling another meeting with Mr. Reynolds to discuss his concerns. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were withdrawn. 1. Approve Minutes for City Council Meeting of January 15, 2013: 2. Approve the Interlocal Agreement with respect to voting representation on the Space Coast Transportation Planning Organization (TPO) between the City of Cocoa Beach and the City of Cape Canaveral: 3. Resolution No 2013-03; appointing a member to the Culture and Leisure Services Board of the City of Cape Canaveral, Florida; providing for an effective date. (Maureen Michel): 4. Resolution No. 2013-04; amending Resolution No. 2012-27, which committed local financial support to the Qualified Targeted Industry Tax Refund Program pursuant to Section 288.106, Florida Statutes, for L-3 IEC, as a Target Industry Business; providing for repeal of prior, inconsistent resolutions, severability, and an effective date: 5. Resolution No. 2013-05; designating the Cape Canaveral Planning and Zoning Board as the Cape Canaveral Economic Enhancement District ("CCEED") Brownfield Advisory Committee; providing for the repeal of prior inconsistent resolutions; severability; and an effective date: 6. Grant a Waiver of Landscape Requirements at the New Fire Station: A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Bond, to approve Consent Agenda Item Nos. one through six. 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. City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 3 of 6 PUBLIC HEARING: 7a. 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 pledged revenues; designating authorized representatives; providing assurances; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date; second reading: Attorney Garganese read the title of the Ordinance into the record, noted the need for a Public Hearing and briefly explained same. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Hoog, to approve Ordinance No. 01-2013 as written. The Public Hearing was opened. Mayor Randels noted items that will be accomplished by the loan proceeds. Maureen Michel asked if this will be passed along on the Tax Bill. Mayor Randels and Assistant City Manager/City Clerk Angela Apperson responded to her concerns; explaining the loan will be repaid by the proceeds from the Wastewater and Stormwater bills. The Public Hearing was closed. 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 7b. Resolution No. 2013-02; adopting the City of Cape Canaveral, Florida Wastewater and Stormwater Facilities Plan 2013-2033; authorizing the submittal of the Plan to the Florida Department of Environmental Protection; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: Attorney Garganese read the Resolution title into the record. Public Works Services Director Jeff Ratliff answered questions asked by Council Members. Consultant Don Berryhill expressed appreciation for the opportunity to work with the City and noted the pleasant experience. He explained the process for applying for the loan and the requirements for the Facilities Plan. He noted the pre-construction loan interest rate is 1.69%; indicated the construction loan should not be much higher; explained how the rate is calculated; the adoption of the Facilities Plan does not obligate the City to construct the items within the plan; the requirement for the Facilities Plan to be sent to the State for review/comments; the ability to pay down the loan at any time with no pre-payment penalties; that the Facilities Plan can be amended; however, doing so will require additional review by State Departments; the net revenue from the Wastewater and Stormwater fees will be used to repay the loan; the loan is for 20 years; the first payment will be due six months after completion of construction; interest will be charged as money is drawn and a rate increase is not required to repay the loan. Mr. Berryhill responded to Council Member questions. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Mr. Berryhill provided additional information about the Loan Program. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Resolution No. 2013-02. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 4 of 6 Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For 8. 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, noted the prior submittal of the Ordinance, the additional work by the Planning and Zoning Board and provided a brief explanation of the Ordinance. Planning and Zoning Director Barry Brown provided further explanation of the Ordinance, the steps taken by the Planning and Zoning Board and the creation of the definition of commercial parking facilities. The Public Hearing was opened. Ray Osborne provided comments and questioned whether this item is needed. He expressed concerns over noise from car alarms in the • neighborhood. The Public Hearing was closed. Council Members discussed the screening/landscaping requirements. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Petsos, to pass the Ordinance (03-2013) as written. 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. 9. Ordinance No. 04-2013; amending the definition of "height of building" set forth in Section 110-1 of the Cape Canaveral Code of Ordinances; 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 and provided a brief explanation of same. Planning and Zoning Director Barry Brown reviewed actions taken which led to the Ordinance. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 04-2013. 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. 10. Ordinance No. 05-2013; amending Chapter 110, Zoning, of the Code of Ordinances related to outside storage; providing for a definition; repealing the special exception in the C-1 and C-2 Zoning Districts for the commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items; 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 and provided a brief explanation of same. Planning and Zoning Director Barry Brown explained the events which led to the prior Ordinance being sent back to the Planning and Zoning Board for further consideration and creation of a definition for outside storage. The Public Hearing was opened. Joyce Hamilton expressed concerns related to the creation of a non-conforming use, to which Attorney Garganese responded. She also encouraged an Ordinance change to allow temporary City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 5 of 6 parking on grass areas for special events. Attorney Seth Chipman, representing Mr. & Mrs. Pierson, property owners in the 200 Block of Central Blvd. noted his clients' opposition to the Ordinance due to the lack of consistency with uses in the neighborhood and the City's Vision Statement. To prohibit the parking of these items in residential neighborhoods is not in the best interest of the community. Concerns raised by Attorney Chipman were discussed and included the proposed Town Center and Mixed Use Zoning. Charles Pindziak inquired as to what property would allow for outside storage, to which Mr. Brown responded M1. The Public Hearing was closed. Further Council comments were received. A motion was made by Council Member Hoog, seconded by Council Member Petsos, to adopt Ordinance No. 05-2013. 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. REPORTS: 11. Council Mayor Pro Tem Bond welcomed Finance Director John DeLeo and Leisure Services Director Gustavo Vergara. He noted the large turnout for the Sea Oats Planting and thanked Council Member Petsos for his work on this project. Council Member Walsh asked who normally serves as the City's Representative to the TPO, to which it was stated the Mayor is the representative. She requested additional review time when a large document is presented for consideration/adoption. Council Member Petsos thanked Public Works Services for their work on the Sea Oats Planting Project. Council Member Hooq welcomed Finance Director John DeLeo and Leisure Services Director Gustavo Vergara. Mayor Randels noted his work to emcee the Politicos on Parade VI, sponsored by the League of Women Voters. He noted his participation in a "Trike-a-Thon" held at Manatee Sanctuary Park raising funds for St. Judes. The event involved approximately 25, three to five year old children. Mayor Randels explained the City of Cocoa Beach is requesting support for their request to obtain tourist tax dollars that will be available after the loan for the Baseball Stadium is paid in April 2013. They would like a municipal pier, beach or boardwalk, and/or a surf park/destination beach resort. He noted Cocoa Beach was voted one of the top three beach cities in the State. Mayor Randels noted at the February 14th Space Coast Transportation Planning Organization (TPO) meeting the TPO's Legislative Priorities to the State Department of Transportation were amended to include the A1A Corridor Improvements as recommended in the Feasibility Study. City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 6 of 6 ADJOURNMENT: There being no further business, the Meeting adjourned at 8:26 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, Assistant City Manager/City Clerk SEAL of Cape Canaveral, Florida