Loading...
HomeMy WebLinkAboutMinutes 08-19-2014CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 19, 2014 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 Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Deputy City Clerk Mia Goforth Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director David Dickey Building Official Gary Stepalavich Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant PUBLIC PARTICIPATION: Rebecca Rowe introduced herself as the Secretary of the Cape Shores Board and a member of the Cape Shores Beautification Board. She spoke regarding maritime oaks and the hammock of trees that have survived hurricanes and tropical storms on and near the Cape Shores property; she expressed concerns about plans to remove or move trees for a new service station. Ms. Rowe went on to request the trees not be removed and noted the red tape around some of the trees. Eric Braga of Cape Shores stated his concerns regarding the impact pollution, crime, traffic and the City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 2 of 6 hours of operation the proposed Cumberland Farms gas station would bring to the area. Mr. Braga said he hoped City Council would keep the Vision of Cape Canaveral in its sights when talking with members of City Advisory Boards and people that they have influence over that work for them. On behalf of the Cape Shores Community, he stated they are in opposition to the proposed development. Jay Petty, resident of Cape Canaveral and an owner at Cape Shores, spoke of concerns regarding water flow toward the lagoon and environmental impacts. Mayor Randels explained Council has not seen the plans for the proposed gas station yet and will only be involved if trees do have to be moved or cut down; he advised everyone to check the City website for upcoming meetings of Boards reviewing the issue. PRESENTATIONS / INTERVIEWS: Port Canaveral update provided by Chief Executive Officer John Walsh: Mr. Walsh provided a mini-version of the State of the Port including that the Port is on a bold building program with a six hundred million dollar ($600,000,000) budget, part of a five- year plan. Some of the Projects mentioned: finishing Cruise Terminal #1, one of the largest in the world, it allows for seating of up to two thousand five hundred (2,500) people and will function as a Port-of-Call during the week and available to the community for meetings, fundraisers and other activities at night. Another cruise terminal goes into the planning stage in the fall, this due to the high demand and increasing volume of cruise passengers; Port Canaveral is No. 2 in cruise terminal volume behind Miami. Among the new ships coming: a new Royal Caribbean ship, the Explorer of the Seas, the Wonder, coming back to the Port, making a total of three (3) Disney ships; next fall Norwegian Cruise Lines will come back with a Home Port ship, Quantum of the Seas. Mr. Walsh described other projects in the works: a container terminal, now going through a U.S. Treasury Department CFIUS (Committee on Foreign Investment in U.S.) Review; he stated that between the Port functions and the logistics that will come into Brevard County as a result, over the next five (5) years, about 15,000 good paying logistics jobs will be coming to Cape Canaveral, Titusville, Cocoa and throughout the 195 and SR528 corridor. He also spoke of the Florida Department of Transportation project to widen SR528 to include beautification and preserving community recreation with a bike path. Mr. Walsh ended the presentation noting the Port's plan to coordinate all of these initiatives in a 50 Year Strategic Plan and Master Plan starting in October. He also stated the Port wants to work with City Manager David Greene and Staff to look at connectivity of roads and development of land between the Port and Central Boulevard in Cape Canaveral. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 3 of 6 1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July 15, 2014: 2. Resolution No. 2014-23; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Craig Kittleson & Harry Pearson): 3. Adopt the revised Interlocal Agreement for Public School Facility Planning and School Concurrency: 4. Waive the competitive bidding process for the purpose of extending the term of the existing contract, and approve the Seventh Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the Amount of $41,344 with Black's Spray Service, Inc. and authorize the City Manager to execute same: 5. Approve Second Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $186,930 with JB's Lawn Control, Inc. and authorize the City Manager to execute same: 6. Award Branding RFP #2014-01 and approval of an expenditure of 50% of the cost, or $15,000 of Branding Contract with Prismatic; authorizing the City Manager to execute same: A motion was made by Mayor Pro Tern Petsos, seconded by Council Member Hoog, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARING: 7. Ordinance No. 08-2014; providing for the regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of the Code of Ordinances; amending the signage requirements for the A1A Economic Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Discussion ensued and included electronic sign impacts on sea turtles, hand held signs and how close to lanes of traffic they can be regarding safety and distraction, the fact that some cities are trying to address the people holding signs for businesses, portable signs and temporary signs, what constitutes signage and whether a towel is a sign, maximum feet for signage in 2009 and how the City Code came to be 20ft. for electronic signs. The Public Hearing was opened. Discussion ensued and included ambiguities and confusion regarding the definition of a sign in the Code as it is now and in the new Ordinance, the many Definitions of signs and wall signs; and political signs not being removed after City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 4 of 6 elections. The Public Hearing was closed. Attorney Garganese advised Council that between first and second reading of the Ordinance, there will likely be technical changes; with respect to the issue of window signage, he advised that a good place to start discussion is with that section of the Code. Discussion ensued and included how to figure out how far back from the window the display has to be to not violate the Code, the twenty-five percent rule, finding common ground, how the current Code encourages window displays, the way towels are displayed, how enforcement would be difficult, how far the display should be away from the window, how the Ordinance came to be and reasonable compromises made with a business owner. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 08-2014. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 09-2014; affecting the use of land in the City relating to medical marijuana treatment centers, whether for medical or recreational use, and relating to pain management clinics; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to include "Medical Marijuana Treatment Centers" and "Pain Management Clinics" as Special Exceptions in the Cl, C2, and M1 Zoning Districts and setting forth standards and requirements for such uses; 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. Discussion ensued and included a State Referendum and, if passed by sixty percent, how the State will be enacting the sale of marijuana at medical distribution sites, how some communities are trying to get out in front of the issue before November by adopting contingent zoning codes and operational requirements, how this City's Ordinance would be contingent upon the passing of the Referendum and how the issue is somewhat related to pain management clinics. The Public Hearing was opened. Discussion ensued and included the Referendum and how the State Constitution would make it very difficult for the City to prohibit the sale of marijuana, the many issues related to the sale of medical marijuana, the potential sales and revenue source, proximity to and footage away from schools; limitation of how many distribution centers can be in the City. The Public Hearing was closed. Discussion ensued and included adding places of worship as part of the separation requirement, the separation of Church & State issue, separation requirement for schools and daycares, how the Courts do not really delve into the definition of place of worship and adding the language to the Ordinance for second reading, adding food products to the Definitions section, how if the Referendum passes, City Council will likely be revisiting the issue again; permitted conditional use versus special exception; websites teaching people how to doctor shop and pass themselves off as needing the marijuana; prevention of grow houses and suspicious prescriptions; the Community Redevelopment Area; changing the hours of operation and how Council can do that. Council reached consensus to change the hours of operation on Saturdays to 9:00 a.m. to Noon. Discussion continued on how this Ordinance provides guidelines for the City until after the November election and how Council could make it stricter now and change it later. A motion was made by City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 5 of 6 Mayor Pro Tem Petsos, seconded by Council Member Hoog, to approve Ordinance No. 09-2014 with the two recommended changes. The changes were restated to add "church" to the 1000 ft. distance requirement and to change of the hours of operation for Pain Management Clinics and Medical Treatment Centers Saturday from 9:00 a.m. to "Noon". The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 9. a. Approve a Memorandum of Agreement between Tanya J. Guidi and the City to convey a strip of land approximately twenty (20') foot wide, located along the rear property boundary of Lot 11 of Harbor Heights Subdivision, with an address of 245 Harbor Drive, upon final adoption of the required Ordinance: b. Ordinance No. 10-2014; pursuant to Section 2.12(6) of the City Charter, authorizing the conveyance of an approximate twenty (20') foot wide strip of real property located along the rear boundary of Lot 11 of the Harbor Heights Subdivision by Quit-Claim Deed without any representations and warranties made by the City; declaring that the City of Cape Canaveral no longer has a public purpose interest in said real property and that it is in the best interests of the City to convey the real property to the owner of the adjacent property subject to the terms and conditions set forth in the Quit-Claim Deed; providing for severability, the repeal of prior inconsistent ordinances, and an effective date, first reading: Attorney Garganese read the Ordinance title into the record, explained the history of the item and purpose of the Memorandum of Agreement. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve both the Memorandum of Agreement and Ordinance No. 09-2014. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: Council Member Bond thanked City Manager Greene and Staff for the enormous amount of hours of work spent on the Agenda items, especially the Sign Code. Council Member Walsh mentioned feedback she received from people who have put in applications to volunteer on Advisory Boards. She requested the City send letters out to applicants. City Manager Greene stated it shall be done. Mayor Pro Tem Petsos spoke about how Cape View Elementary School student enrollment is above the projected amount and will not lose any teaching units at this point in time; Cocoa Beach student enrollment is down, but the Principal believes that could go up within the next week. He stated both schools are in session and everything is going well. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2014 Page 6 of 6 Mayor Randels complimented Leisure Services Director Gustavo Vergara regarding eleven weeks of Summer Camp with zero problems. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:26 P.M. Mia Goforth, Deputy City Clerk Rocky Randels, Mayor SEAL of Cape Canaveral, Florida