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HomeMy WebLinkAboutcocc_council_mtg_minutes_20231219_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday December 19, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 p.m. Council Member Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. Parks and Recreation + Community Affairs Dir. Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Tim Carlisle Dave Dickey Molly Thomas Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation, declaring January 14, 2024 as "114th Day" in the City of Cape Canaveral, recognizing the service of the 114th Electromagnetic Warfare Squadron and the community stewardship of its members' to the City of Cape Canaveral: Mayor Morrison read and presented the Proclamation to the 144th EWS Lt. Colonel and Commander Anthony Surman, Senior Master Sgt. Dan Flores, Master Sgts. Nick Palmer and Brittany Palmer, and Technical Sgts. Chelsea Smith and Aaron Leyte; and to the 125th Regional Support Group Florida Air National Guardsmen Commanders and Cols. Scott McGuire and David Siemion and CM Sgt. William Ryals. Lt. Colonel Surman discussed how 144th EWS Guardsmen live, work in and offer enduring continuity and support to Floridians in times of disaster and relief, and thanked the City. Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2022: Mayor Morrison City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes • Page 2 of 9 explained the Item and presented the Certificate to Administrative/Financial Services Director DeLeo. Director DeLeo addressed Council and thanked Staff. PUBLIC PARTICIPATION: Residents and property owners Jo Ann Marshall, Jeanne Derba, Sharon Lederer, Leann Cox, and Mitch Boxx discussed various concerns including negative impacts to health, to real estate values and a vacated Eagles nest possibly due to the activities of a business located adjacent to the Portside Villas Condominiums. Community and Economic Development Directory Dickey discussed City Code Enforcement case status of Ambassador Services, Inc., and the Binding Development Agreement between the company and the City. Discussion ensued regarding the Code Enforcement violations versus the Binding Development Agreement and a possible amendment which would have to be brought back to the Council. City Manager Morley directed Staff to proceed to the Special Magistrate regarding the Code Enforcement violations. Thomas Vanfossen, resident, discussed support for the City's EV Charging Program and thanked Council for the effort. CONSENT AGENDA: Council Member Jackson removed Item 2. 1. Approve Minutes for the November 21, 2023 Regular Meeting. 2. Approve Acknowledgement Letter transferring the City of Cape Canaveral's Gas Franchise Agreement with Pivotal Utility Holdings, Inc., from Florida Power & Light Company to Chesapeake Utilities Corporation and authorize the Mayor to execute same. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Consent Agenda. Discussion ensued and Council Member Jackson removed Item 2. The Council reached consensus to withdraw the motion on the floor. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve Consent Agenda Item 1. The motion carried 5-0. #2. Discussion ensued regarding Commercial General Liability Insurance coverage concerns on page 11 of the current Agreement. City Attorney Garganese discussed those are minimum coverages, the company is required to provide an Insurance Certificate annually which may be more than that shown, and the City is also protected by the Indemnity and Hold Harmless provision. A motion was made by Council Member Jackson, seconded by Council Member Willis, to approve Consent Agenda Item 2. The motion carried 5-0. PUBLIC HEARINGS: 3. Ordinance No. 10-2023; amending the City of Cape Canaveral Comprehensive Plan Future Land Use Element by establishing a Mixed -use (MXU) Land Use Category and related Objective and Policies, providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments, second reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included concerns regarding existing properties that are over the density threshold based on the number of units per square mile, whether this action would set a precedence, Florida Senate Bill 102 the "Live Local Act", legislative control over the City's development, and threats to Home Rule. City Attorney Garganese discussed Live Local Act impacts. Discussion continued regarding how the Lot Split process would not be affected by the Ordinance. City Attorney Garganese discussed how the Ordinance addresses certain properties which would have to go before Council on a case -by -case basis, the measure provides Council with extensive power regarding applications, development agreements, the City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes Page 3 of 9 ability to control Mixed -use, and will not apply to industrial or commercial properties. Discussion continued regarding the heightened level of public involvement in the proposed Mixed -use process. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion continued and included the timeline going forward, Land Development Regulations, the requirements to submit Future Land Use Map changes and Planned Unit Development Zoning ordinances to implement Mixed -use Projects, desire for a map of properties that meet the minimum 7-acre parcel requirement, desire to postpone the Item, and flexibility to make additional changes before submitting to the State. Council reached consensus to postpone the Item until January. Discussion continued and included stormwater mitigation, City Manager Morley's recommended amendment to Page 7, line 241 by striking "six (6) stories" and "four (4) stories" and inserting "sixty-five (65) feet" and "forty-five (45) feet", City Attorney Garganese guidance on making the proper motion for postponement of the Item to preserve the legal advertisement of December 7, 2023, and the potential impacts of the Ordinance on traffic flow and Traffic Concurrency. Council reached consensus for Staff to create a map of the City properties eligible under the minimum 7-acre parcel requirement provision of Ordinance No. 10-2023. A motion was made by Mayor Morrison, seconded by Council Member Willis, to postpone the Item to a date certain of January 16, 2024 at 6:00 p.m. at City Hall. Discussion ensued regarding the changes on page 7 that will be made. The motion carried 5-0. 4. Ordinance No. 12-2023; amending Chapter 110 — Zoning, Article IX. — Supplementary District Regulations, Division 2. — Offstreet Parking Related to Minimum Parking Requirements for Restaurants, Bars, Clubs and Lodges; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record, explained the Item, noted errors in the draft .pdf document where the letter "z" disappeared, explained Staff's proposed additional language to Sec. 110-1. — Definitions, Clubs and lodges. ", and is licensed as a restaurant and/or alcoholic beverage establishment." Discussion ensued and included the use of language under Definitions "not primarily for profit" versus covering all the statutory tax code references, the purpose of the Definition having a descriptive purpose rather than regulatory, and the small amount of clubs and lodges in the City. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City Manager Morley advised that upon adoption of the Ordinance, one of the first actions will be to cancel those Code Enforcement cases related to parking violations at restaurants and bars, and the property owners will be notified. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 12-2023, as amended, on second reading. The motion carried 5-0. Mayor Morrison recessed the meeting at 7:47 p.m. The meeting reconvened at 8:00 p.m. 5. Ordinance No. 01-2024; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several parcels of property legally described as Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded in Plat Book 40, Page 17, of the Public Records of Brevard County, Florida and located at 8657, 8659, 8661, 8663, 8665, 8667, 8668, and 8671 Maple Court from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of both Ordinances into the record. Community and Economic Development Director Dickey explained the Items, and discussed the process for property owners to request to be removed from consideration of any of the subject Ordinances or meet with Staff to learn more. City Attorney Garganese explained the Administrative Zoning process, and the intent to make the Zoning map consistent with current uses. The Public Hearing was opened. Mathew Barreto, 8659 Maple Court, expressed City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes • Page 4 of 9 concerns regarding the 7-day minimum restrictions to those properties that will not be grandfathered in for vacation rental use in the future. City Manager Morley explained how the Brevard County Tax Collector's Office ad valorem tax rates are based on the use of properties, these subject properties will remain residential, and are not changing to anything else as a result of this re -zoning. The Public Hearing was closed. City Attorney Garganese explained potential negative impacts for the subject properties if they were to remain in non -conforming status under the law, and how the City's Vacation Rental Ordinance permits non -conforming residential use in commercial areas to rent for less than seven days. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 01-2024, on first reading. The motion carried 5-0. Ordinance No. 02-2024; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded in Plat Book 40, Page 17, of the Public Records of Brevard County, Florida and located at 8657, 8659, 8661, 8663, 8665, 8667, 8668, and 8671 Maple Court from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 02-2024, on first reading. The motion carried 5-0. 6. Ordinance No. 03-2024; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several parcels of property legally described as Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded in Plat Book 38, Page 74, of the Public Records of Brevard County, Florida and located at lot, 104, 106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of both Ordinances into the record. Director Dickey noted minor corrections will be made in the Ordinance Title before second reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 03-2024, on first reading. The motion carried 5-0. Ordinance No. 04-2024; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded in Plat Book 38, Page 74, of the Public Records of Brevard County, Florida and located at lot, 104106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 04-2024, on first reading. The motion carried 5-0. 7. Ordinance No. 05-2024; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several parcels of property legally described as the Oaks Condominium Phases I, II, III and IV and located at 201 International Drive from C-1 Commercial to R-3 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes • Page 5 of 9 incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Willis, to adopt Ordinance No. 05-2024, on first reading. The motion carried 5-0. Ordinance No. 06-2024; adopting a Zoning Map Amendment for several parcels of property legally described as the Oaks Condominium Phases I, II, III and IV and located at 201 International Drive from the current City C-1 Low Density Commercial Zoning District Designation to the City R-3 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 06-2024, on first reading. The motion carried 5-0. 8. Ordinance No. 07-2024; adopting a Small Scale Future Land Use Map Amendment by changing the Future Land Use Map Designation of several contiguous parcels of property generally located between Washington Avenue and Adams Avenue and west of Poinsetta Avenue which are legally described as Lots 1 through 4 of the Villagio Townhomes according to the Plat thereto recorded at Plat Book 55, Page 92 of the Public Records of Brevard County, Florida located at 103,105,107 and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG- 1-4 and 24-37-23-CG-1-5 located on Washington Avenue, Tax Parcel 24-37-23-CG-1-16 located at 128 Adams Avenue, and Lots 14A,14B,14C and 14D of the Breezeway Townhouses according to the Plat thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard County, Florida located at 120,122,124 and 126 Adams Avenue from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 07-2024, on first reading. The motion carried 5-0. Ordinance No. 08-2024; adopting a Zoning Map Amendment of several contiguous parcels of property generally located between Washington Avenue and Adams Avenue and west of Poinsetta Avenue which are legally described as Lots 1 through 4 of the Villagio Townhomes according to the Plat thereto recorded at Plat Book 55, Page 92 of the Public Records of Brevard County, Florida located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG-1-4 and 24-37-23-CG-1-5 located on Washington Avenue, Tax Parcel 24- 37-23-CG-1-16 located at 128 Adams Avenue, and Lots 14A,14B,14C and 14D of the Breezeway Townhouses according to the Plat thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard County, Florida located at 120, 120, 122, 124 and 126 Adams Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Jackson, to adopt Ordinance No. 08-2024, on first reading. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes • Page 6 of 9 9. Ordinance No. 09-2024; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation for several parcels of property legally described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110,112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116,118,120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115,117,119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida and located at 123, 125 and 127 Adams Avenue from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. Discussion ensued and included a request received by Staff from the owner of 107 Adams Avenue, Jennifer Poore, to be removed from consideration of the two proposed Ordinances, the unit is currently rented long-term, and the owner is considering turning the property into a vacation rental due to the increase in property taxes, a motion to remove the property from the Ordinance and whether Council is in agreement to do so, the email read into the record between the property owner of 107 Adams Avenue and Staff on November 15, 2023 which confirms Ms. Poore's desire to be grandfathered in to commercial status after having been made aware of the ramifications of doing so. City Attorney Garganese advised that if Council removes 107 Adams Avenue now, it cannot be put back for second reading of the Ordinance. City Manager Morley directed Staff to correspond with Ms. Poore to get confirmation before second reading. Discussion continued regarding there being no Code Enforcement complaints at 107 Adams Avenue, concern that the owner shares a wall with the property next door, how the City Council may proceed with Administrative Rezoning over the objection of property owners for which contesting such action would be up to the property owner, whether the other owners are aware of the Ms. Poore's intentions to remain in commercial status, and the rights of owners to rebuild under R-2 Zoning in the event the properties are destroyed. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 09-2024, as written, on first reading. The motion carried 5-0. Ordinance No. 10-2024; adopting a Zoning Map Amendment for several parcels of property legally described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108, 110, 112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard County, Florida and located at 116, 118,120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the Public Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1 and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48, Page 6 of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113 Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at Plat Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115, 117, 119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida and City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes Page 7of 9 located at 123,125 and 127 Adams Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: A motion was made by Council Member Willis, seconded by Council Member Davis to adopt Ordinance No. 10-2024, on first reading. The motion carried 5-0. 10. Ordinance No. 11-2024; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation for property legally described as the Canaveral Breakers Annex Apartments, a condominium inclusive of all units and common area, as described in and according to the Declaration of Condominium recorded in Official Records Book 1128, Page 181 to 202 inclusive, as amended, all of the Public Records of Brevard County, Florida and which is located at 8522 N. Atlantic Avenue from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Jackson, to adopt Ordinance No. 11-2024, on first reading. The motion carried 5-0. Ordinance No. 12-2024; adopting a Zoning Map Amendment for several parcels of property legally described as the Canaveral Breakers Annex Apartments, a condominium inclusive of all units and common area, as described in and according to the Declaration of Condominium recorded in Official Records Book 1128, Page 181 to 202 inclusive, as amended, all of the Public Records of Brevard County, Florida and which is located at 8522 N. Atlantic Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 12-2024, on first reading. The motion carried 5-0. 11. Ordinance No. 13-2024; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation for a portion of Lot 3, Block 9, Cape Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public Records of Brevard County, Florida, which is located at 102 E. Central Boulevard from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 13-2024, on first reading. The motion carried 5-0. Ordinance No. 14-2024; adopting a Zoning Map Amendment for a portion of Lot 3, Block 9, Cape Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public Records of Brevard County, Florida, which is located at 102 E. Central Boulevard from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes • Page 8 of 9 an effective date, first reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 14-2024, on first reading. The motion carried 5-0. 12. Ordinance No. 15-2024; adopting a Small Scale Future Land Use Map amendment by changing the Future Land Use Map Designation for Lots 11, 12 and 13, Block 13, Avon by the Sea, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida and located at 108,112,114 and 116 Madison Avenue from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading: City Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Ordinance No. 15-2024, on first reading. Discussion ensued regarding the structure fire at 108 Madison being a perfect example so that owners may rebuild, and what property owners must do in the event their commercial, non -conforming use properties are destroyed. The motion carried 5-0. Ordinance No. 16-2024; adopting a Zoning Map Amendment for Lots 11, 12 and 13, Block 13, Avon by the Sea, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida and located at 108, 112, 114 and 116 Madison Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium Density Residential Zoning District Designation; providing the property subject to this Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability an effective date, first reading: A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 16-2024, on first reading. The motion carried 5-0. REPORTS: Mayor Pro Tem Kellum discussed representing the City in the Cocoa Beach Area Merchants Association Christmas Parade with her granddaughters, thanked Staff and wished everyone a Merry Christmas. Council Member Jackson thanked Staff, expressed pleasure in being able to serve on Council and wished everyone a Merry Christmas and Happy New Year. Council Member Willis discussed attending the Coffee with the Cop and the success of the Brevard County Sheriff's Office Fraud, Scams and Identity Theft, presentation where they also collected food for the needy, and expressed thanks to the City for helping to advertise the event, thanked Staff and wished all a Merry Christmas. Council Member Davis expressed thanks to Staff and wished all a Merry Christmas and Happy New Year, and discussed the idea for having the Cocoa Beach High School Orchestra perform at the City's hosted Meeting in April 2024 of the Space Coast League of Cities. Mayor Morrison wished all a Merry Christmas and Happy New Year, discussed the success of the Annual Reindeer Run/Walk, Holidays in the City at the C5 with a performance by the Cocoa Beach High School Orchestra, and recognized Executive Assistant to the City Manager/Office Manager Day for her great work on the City's Giving Tree Program and thanked Council, Staff and the Community for making it happen. City of Cape Canaveral, Florida City Council Regular Meeting • December 19, 2023 Minutes • Page 9 of 9 City Manager Morley thanked Executive Assistant to the City Manager/Office Manager Day for her work on the City's Giving Tree Program, thanked the volunteers that wrapped a record number of presents donated this year, and thanked Mayor Morrison and his family for working late the previous night to finish the job; and discussed the status of the Mayor and Council office moves in City Hall, and the City of Cape Canaveral 60th Anniversary banners give-away and raffle program which Human Resources/Risk Management Director Huser will work with Mayor Morrison together on; and wished all a Merry Christmas and Happy New Year. ADJOURNMENT: The Meeting was adjourned at 9:20 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk SEAL OF CAPE CANAVERAL, FLORIDA