HomeMy WebLinkAboutMinutes 03-19-2013 RegularCITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 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. He reminded everyone to use the microphones and about the 50th
Anniversary Celebration at Manatee Sanctuary Park, Saturday, March 23rd from Noon
to 4 p.m.
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 Manager David L. Greene
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:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2012 — Presentation by Bernadette Britz-Parker,
James Moore & Co.: Ms. Britz-Parker presented and reviewed the Comprehensive
Annual Financial Report and thanked Staff for their assistance. Mayor Randels noted
over the past few years property taxes were reduced by approximately $450,000.00 and
the City continues to provide excellent services. Motion by Council Member Petsos,
t
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City Council Regular Meeting
March 19, 2012
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seconded by Council Member Hoog for acceptance of the Audit. 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 ATTORNEY'S REPORT: None
AUDIENCE TO BE HEARD: Joyce Hamilton invited everyone to the Cape View
Elementary Spring Fling and spaghetti dinner, tomorrow evening from 5-7 p.m.; the
proceeds benefit the children of the 4th and 6th Grades to attend field trips.
Bonnie Cawker expressed her concern about the "red" sea turtle lights on the Wind
Jammer Condominium; presented a petition including 56 signatures and photographs of
the offending lights and requested additional research be done to find a less intrusive
alternative to protect the sea turtles.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Mayor Pro Tem Bond requested removal of item seven and Mayor Randels
requested removal of item four.
1. Approve Minutes for City Council Meeting of February 19, 2013:
2. Resolution No 2013-06; supporting and honoring all military service members,
veterans and their families in the State of Florida and recognizing April 17, 2013 as
Military Family and Community Covenant Day; providing an effective date:
3. Resolution No 2013-07; declaring support for proposed changes to Section
287.055, F.S., also known as "The Consultants' Competitive Negotiation Act" or
"CCNA"; providing an effective date:
4. Approve the Library Board's request to purchase books to expand the Library
collection utilizing Library Capital Expansion Fund Reserves:
5. Award the bid for the Canaveral North Drainage Way Improvements Project —
Phase I to Atlantic Development of Cocoa, Inc. in the amount of $295,941.55 and
authorize the City Manager to execute the Construction Agreement for same:
6. Approve change in starting time for the May 21, 2013 Regular City Council
Meeting from 6:00 pm to 7:00 pm:
7. Approve, with conditions, the application for satisfaction or release of lien for
Code Enforcement Case No. 2012-00071, 8771 Cocoa Court; conditions are a
reduction from $14,250.00 to $5,771.25:
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City Council Regular Meeting
March 19, 2012
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A motion was made by Council Member Hoog, seconded by Council Member
Walsh, to approve Consent Agenda Item Nos. 1, 2, 3, 5, and 6. 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 Council Member Bond recused himself from voting on the item due to a conflict
of interest; Form 8B is attached to the minutes. A lengthy discussion ensued and
included: the property being purchased for a reduced price because of the lien; that
properties with liens may sit vacant longer if the lien is not reduced; the reduction
recoups more than the City's expenses; the ownership of the property during various
times; the amount of time elapsed between the time the lien was filed and the time
compliance was achieved; and whether this property is part of the Federal Home Loan
Program. A motion was made by Mayor Randels, seconded by Council Member
Petsos, to accept the City Manager's recommendation to approve, with
conditions, the application for satisfaction or release of lien for Code
Enforcement Case No 2012-00071, 8771 Cocoa Court; conditions are a reduction
from $14,250.00 to $5,771.25. The motion failed 2-2 with voting as follows: Mayor
Pro Tem Bond, recused; Council Member Hoog, Against; Council Member Petsos,
For; Mayor Randels, Against; and Council Member Walsh, For
#4 Mayor Randels inquired if this expenditure can be made using impact fees, to
which City Manager Greene indicated in the affirmative. A motion was made by
Mayor Randels, seconded by Council Member Hoog, for approval. 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:
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, second
reading: Attorney Garganese read the Ordinance title into the record, and noted a
change to page four to mirror sub-paragraph (d). A motion was made by Council
Member Petsos, seconded by Mayor Pro Tem Bond, to approve Ordinance No. 03-
2013. The Public Hearing was opened. Mayor Randels provided a brief explanation
and read the definition of Commercial Parking Facility. No comments were received
and 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
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
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City Council Regular Meeting
March 19, 2012
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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 and noted the requirement for a Public Hearing. A motion was made by
Council Member Walsh, seconded by Council Member Hoog, to approve
Ordinance No 04-2013. The Public Hearing was opened. Mayor Randels provided a
brief explanation of the definition of Height. No comments were received and 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
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, second reading: Attorney Garganese read the
Ordinance title into the record and noted the requirement for a Public Hearing. Council
Member Hoog requested verification the Ordinance does not apply to M-1 Zoning
District, to which City Manager Greene responded in the affirmative. A motion was
made by Council Member Petsos, seconded by Mayor Pro Tem Bond, for
approval of Ordinance No 05-2013. The Public Hearing was opened. Planning and
Zoning Director Brown provided further explanation of the Ordinance. Ray Osborne
inquired as to whether the Ordinance would encourage more of this type of storage
within the City. It was stated the Ordinance further limits the location of these types of
storage. Mayor Randels read the definition of outside storage and explained where this
type of activity can be located. Attorney Garganese provided further clarification of the
Ordinance purpose. Council Member Walsh asked if a height limitation should be
incorporated into the Ordinance. Planning and Zoning Director Brown explained the
Special Exception process allows for specific limitations to be placed based upon the
nature of the request. The Public Hearing was closed. The ability to apply screening
requirements was also noted. The motion carried 4-1 with voting as follows: Mayor
Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For;
Mayor Randels, Against; and Council Member Walsh, For
ITEMS FOR ACTION:
11. Recreational Vehicles in Mobile Home Parks: Discussion ensued and included:
allegations that Staff research left out the economic benefit that existing businesses
experience from the owners of the RV's who support the local economy; the fact that
some of the parks do not desire to have RV's, while others do; the history of the City
Code in relation to Trailer Parks and Mobile Home Parks; the rights of property owners
possibly being negatively impacted; to allow RV's at Mobile Home Parks and to change
the fees associated with them; that no "Bed Tax" is paid by RV Parks; the need to have
some type of buffer so these items are not seen from North Atlantic; that Mobile Home
Parks pay the second least amount of taxes; encouraging the best use of the property
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City Council Regular Meeting
March 19, 2012
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so the Visioning, CRA, Brownfield and Overlay District objectives would be achieved;
and the Florida Statutes related to Mobile Home Parks and RV Parks. A motion was
made by Mayor Randels, seconded by Council Member Petsos, to maintain the
prohibition against RV's in Mobile Home Parks. The motion carried 3-2 with
voting as follows: Mayor Pro Tern Bond, Against; Council Member Hoog, Against;
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
For.
REPORTS:
12. Council:
Council Member Walsh expressed the amber turtle lights are softer/not as bright as the
red lights. A property looks better when all the lights are the same color. She noted
page 11 of the CAFR should state Sept 30, 2011 instead of Sept 30, 2012. Council
Member Walsh indicated she spoke with Mayor Netterstrom regarding a Proclamation
the City of Cocoa Beach desires to present to the City of Cape Canaveral; she
suggested event coordination for Saturday's Event.
Mayor Randels noted his attendance at the opening of the Space Coast Little League
Season; the American Legion event honoring the 60th Anniversary of the Korean War
Veterans; the Lobster Fest at the Light House. He stated he will attend the March 27th
ribbon cutting ceremony for the Port's new Fire Station; participate in the Mayors
Delivering Meals on Wheels Event and the presentation of an Eagle Scout Badge to
Police Athletic League Member Zack Scott.
Assistant City Manager/City
mail for a Public Records Request.
ADJOURNMENT:
There being no further.business, the Meeting adjourned at 8:21 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
SEAL of Cape Canaveral, Florida