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HomeMy WebLinkAboutMinutes 09-16-2014CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 2014 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: Council Member John Bond Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: Administrative Services Director Angela Apperson Deputy City Clerk Mia Goforth City Attorney Anthony Garganese Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director David Dickey 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 Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham Mayor Randels introduced Brevard Tobacco Initiative/Students Working Against Tobacco (SWAT) representatives Renee' Ruffin-Price and Lorenzo Jones who briefed Council regarding the purpose of SWAT and displayed examples of the various types of "candy flavored" tobacco products designed to entice children and young people. Mayor Randels announced a request from AT&T to approve a Statement of Unity regarding support of their campaign to find solutions to end texting and driving. Council reached consensus to sign the Statement. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 2 of 6 Mayor Randels announced that Consent Agenda Item No. 5, regarding the Solid Waste Resolution, has been changed to an Ordinance and will be moved down on the Agenda. PUBLIC PARTICIPATION: Ray Osborne, resident, encouraged the City Council to look at heritage and archeological survey grants available from Tallahassee in light of the new development going on. Discussion ensued and included Archeological Site BR1936 and its ineligibility for NRHP (National Register of Historic Places), the site's local significance, a prior archaeological site survey in 2006, the Cabo Verde project of 2008, the request for proper excavation of the area to remove artifacts and human remains, feasibility and cost, remains found at Cape Shores and the old Porter Property. Administrative Services Director/City Clerk Angela Apperson requested Council consensus on whether they would want to move forward before Staff spends time and effort on the matter. Council discussed grant money, whether surrounding areas had ever been looked at, how these types of grants require matching grant funds, gaining access to the property and respecting private property rights. Council reached consensus to research the idea of an archeological grant and have Mr. Osborne provide more information. Mayor Randels recognized resident Eric Braga and the work being done on behalf of Cape Shores. PRESENTATIONS / INTERVIEWS: Interview Applicant Eric Larkin for appointment to the Business and Economic Development Board: City Attorney Anthony Garganese asked Mr. Larkin if all of the information on his application was true and correct, to which he replied in the affirmative. Mr. Larkin explained his desire to serve on the Board. Council Members spoke of Mr. Larkin's qualifications and thanked him for his desire to serve. Interview Applicant Michael Moulton for appointment to the Planning & Zoning Board: City Attorney Anthony Garganese asked Mr. Moultin if all of the information on his application was true and correct, to which he replied in the affirmative. Mr. Moulton explained his desire to serve on the Board. Council Members spoke of Mr. Moulton's qualifications and thanked him for his desire to serve. CONSENT AGENDA: Mayor Randels stated there are eight Consent Agenda items now that the Solid Waste Resolution was removed. No other items were removed. 1. Approve Minutes for Regular City Council Meeting of August 19, 2014: 2. Resolution No. 2014-25; appointing Members to the Business and Economic Development Board and the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Eric Larkin and Mike Moulton): City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 3 of 6 3. Resolution No. 2014-26; supporting the goal of the Brevard Tobacco Initiative (BTI) and Students Working Against Tobacco (SWAT) to disseminate information, conduct educational and prevention programs and promote policy changes and enforcement with regard to tobacco; requesting local businesses to restrict the sale and marketing of all flavored tobacco products where youth have access; providing for repeal of prior inconsistent resolutions; and providing for an effective date: 4. Resolution No. 2014-27; temporarily exempting electronic signs from sign permit fees for one year from the effective date of Ordinance No. 04-2014; reserving the City Council right to re-impose said fees prior to that date; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: 5. Resolution No. 2014-29; authorizing an addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for repeal of prior inconsistent resolutions, severability, and an effective date: 6. Resolution No. 2014-30; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for repeal of prior inconsistent resolutions, severability, and an effective date: 7. Resolution No. 2014-32; reappointing members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Linda Brown, Walter Godfrey, Ralph Lotspeich, Raymond Viens, Maureen Michel, Joanna Atwood, Jean Deck and Mary Ernst): 8. Award contract for Commercial Recreational Franchise for provision of Kayak/Paddleboard Eco tours, lessons and rentals to A1A Management LLC (DBA: A1A Beach Rentals) at Banana River Park; Award contract for Commercial Recreational Franchise for Provision of Surf Instruction at the sand and beach areas within the boundaries of Johnson Avenue to the south and Jefferson Avenue to the north, to Sandy Beach Surfing, LLC.; and authorize the City Manager to sign contract for the same: A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of the Consent Agenda with the amendment to remove Item No. 5. 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. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 4 of 6 PUBLIC HEARING: 9. Ordinance No. 13-2014; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc. pursuant to Section 2.21(3) of the City Charter; adopting the solid waste rates set forth in the Solid Waste Franchise Agreement; providing for 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 an explanation of how the Solid Waste Resolution was originally styled and why pursuant to the 2010 City Charter Amendments this Agreement would need to be approved by Ordinance. He further stated everything in the Agenda Packet is the same, except this Ordinance for first reading and the Public Hearing would be scheduled for the second reading. There was no discussion. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Bond, to approve Ordinance No. 13-2014 at first reading. Ms. Apperson requested the Motion to be amended for minor modifications needed between the City Attorney, the Contractor and Administrative Services. She stated there are still some technical amendments that need to be worked out. Mayor Pro Tern Petsos stated if these are minor changes, they would not make any difference between first and second reading. Ms. Apperson agreed. 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. 10. 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, second reading: Attorney Garganese read the Ordinance title into the record and explained technical amendments made between 1st and 2nd reading and set forth in this Agenda Item. The Public Hearing was opened. Attorney Kim Rezanka, representing Extreme Fun, LLC, stated they were cautiously optimistic that this Ordinance would work for them. The Public Hearing was closed. Discussion ensued and included the definition of sign and simplification of the wording. Attorney Garganese read the language change into the record as: Sign means any object, whether illuminated or non-illuminated, which is designed or intended to advertise, identify, announce, direct, or inform the public and which can be viewed by the public off-site. For purposes of this chapter, the term "sign" also includes all structural members. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Hoog, for approval of Ordinance No. 08-2014 as amended. 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. 11. 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 City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 5 of 6 of Ordinances to include "Medical Marijuana Treatment Centers" and "Pain Management Clinics" as Special Exceptions in the C1, 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, second reading: Attorney Garganese read the Ordinance title into the record and explained changes to the Ordinance have been made consistent with what the City of Cocoa Beach has adopted. The Public Hearing was opened. Discussion ensued and included the legalities and options regarding the 1000 ft. rule. The Public Hearing was closed. Council discussion ensued and included how effective the Ordinance will be, the Amendment on the Ballot, the dangers of too many loopholes in the language and the number of areas that would allow a treatment center in the City by Special Exception. The Council thanked Attorney Garganese for getting the Ordinance together before the Election. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Hoog, to adopt 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. 12. 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, second reading: Attorney Garganese read the Ordinance title into the record and mentioned the Quit Claim Deed is ready for execution. Mayor Randels gave a brief summary of the item. The Public Hearing was opened. Discussion ensued and included the 20 ft. easement that the City no longer needs and how the planting of trees along there would be impractical because of sewer lines. The Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Council Member Bond, to adopt Ordinance No. 10-2014. 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. 13. Authorize removal of a specimen tree at 285 Monroe Avenue: Mayor Randels provided the background of the Agenda Item. Discussion ensued and included 285 and 289 Monroe Avenue and the specimen tree located between those units out of the 4- plex there, the tree trunk impacting both properties, the repair bills due to the tree's impact on the property, property owner owns entire 4-plex, the impacts to the residents who live in the 4-plex and safety issues; the City's Building Department will give the Applicant instructions on how to proceed, trees that can be planted in place of the specimen tree, other trees on the property that may be getting into sewer and electrical lines, benefits of trees in the community, City Code contains the process for trees and City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2014 Page 6 of 6 would be worked out between the applicant and City Staff, the City tree bank, alternate way to save the tree, how the City Arborist has determined the tree is a danger and there is rot in the base of it, removing tree and stump grinding will kill the roots. A motion was made by Council Member Bond, seconded by Council Member Hoog, to authorize removal of the specimen tree at 285 Monroe Avenue. 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. 14. Obtain consensus on path forward for the North Atlantic Avenue Streetscape Project and incorporate approved changes in final engineering design: Public Works Services Deputy Directory Lonnie Dunn shared that his Department has about a dozen comment sheets that will be discussed and shared with Staff. He stated 16 people attended the Public Meeting that afternoon. Ms. Apperson requested Council approve the Designs along with any changes Staff deems feasible or appropriate and move forward with sending the Project to Bid. Discussion ensued and included plantings that need to be removed due to traffic hazards in the visibility triangle, the desire to not hold project up and the need to acquire a right-of-way now and how it is possible to go back later to beef up the project. A motion was made by Council Member Hoog, seconded by Council Member Bond, to approve the North Atlantic Streetscape Project along with Public Input where feasible. More discussion ensued and included rain water run-off from the road onto the properties that flank North Atlantic Avenue and the need to make sure the City is cognizant of that during the project and the 25ft. radius regarding existing and proposed shrubbery. 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: Mayor Pro Tem Petsos announced he and Council Member John Bond participated in the Melbourne Regional Chamber Veterans Resource Committee 1st Annual Veteran's Stick Marsh Bass Challenge. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:16 P.M. Mia Goforth, Deputy City Clerk Rocky Randels, Mayor SEAL of Cape Canaveral, Fllorida