HomeMy WebLinkAboutcocc_council_mtg_minutes_20240116_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
January 16, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum 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.
C+ED City Planner
Parks and Recreation + Community Affairs Dir.
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Tim Carlisle
Dave Dickey
Kyle Harris
Molly Thomas
Executive Assistant to City Manager/Office Manager Lisa Day
Brevard County Sheriff's Office Commander Byron Keck
Brevard County Sheriff's Office Lieutenant Scott Molyneaux
Council reached Consensus to receive an update on recent actions taken by the City related
to Ambassador Services, Inc. City Manager Morley discussed a default letter from the City
emailed today to the operators of the aggregate storage facility, Ambassador Services, Inc.,
regarding concerns expressed for the last two months by residents and property owners of the
Portside Villas community and witnessed and documented by City Code Enforcement Officers; the
letter requires a resolution within ten (10) days, and a City Code Enforcement Notice of Violation
was sent to that property owner.
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.
ROBERT'S RULES REFRESHER PRESENTATION: City Attorney Garganese presented a Robert's
Rules of Order PowerPoint to the Council.
PUBLIC PARTICIPATION: Residents and property owners Ray Zawacki, David Eadens, Frederick
Weiss, Leann Cox, Susan Chiemi, Jeanne Derba, James Zabroski discussed various concerns
including noise, dirt piles, and possible negative impacts to health and real estate values due to
the activities of Ambassador Services, Inc., located adjacent to the Portside Villas Condominiums.
Discussion ensued and included a request by Mayor Morrison and Staff for the Portside Villas
Homeowners Association to provide a point of contact to enable City Staff to provide information
and records requested by Mr. Zawacki and Ms. Cox. City Manager Morley thanked the members
of the Portside Villas community for their assistance.
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 2 of 8
CONSENT AGENDA: Mayor Pro Tem Kellum removed Item 3.
1. Approve Minutes for the December 19, 2023 Regular Meeting.
2. Approve the donation of a 2011 Ford Expedition from Canaveral Fire Rescue to Merritt
Island Volunteer Fire Department.
3. Approve quote from Kimley Horn and Associates in the amount of $7,500 to prepare a
drainage feasibility Study related to the future Civic Hub exfiltration system and authorize
the City Manager to execute the same.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve the Consent Agenda Items 1 and 2. The motion carried 5-0.
#3. Discussion ensued and included why the City is not tasking Staff along with Mead and
Hunt to prepare the feasibility Study, concerns regarding funding of the Civic Hub Project
(Project), and going over budget in the long run. Administrative/Financial Services Director DeLeo
discussed funding of the Civic Hub Project. City Manager Morley explained the Item, Phase 1 and
2 of the Project, KHA is designing the Project which is why they would prepare the Study, and the
purpose of the M&H Center Street Basin Stormwater Report. Capital Projects Deputy Director
Carlisle discussed how data obtained from the M&H Report will be used to identify and provide
stormwater volumes underground, and will help determine cost benefits going forward.
Discussion continued regarding next steps, the Presidential Streets Plan, how both firms are
capable of handling the task, both firms would charge the City for their time if requested to appear
at the next City Council Meeting, and desire to move forward with the Item. A motion was made
by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda
Item 3. The motion carried 5-0.
Mayor Morrison recessed the meeting at 7:32 p.m. The meeting reconvened at 7:45 p.m.
PUBLIC HEARINGS:
4. 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. (Postponed from the December 19, 2023 City
Council Regular Meeting): City Attorney Garganese read the title into the record, noted the Item's
postponement by the Council to this Meeting, and gave a Live Local Act (LLA) slide presentation
summarizing Florida Statute 166.04151, including pending legislation which may change the LLA.
Discussion ensued and included City Attorney Garganese's opinions regarding language in the
LLA Statute which would not impact the City's MXU Ordinance, conforming versus non-
conforming density, vested rights certificates issued to various condominiums in the City, and
concerns around the City Code's silence with regard to small square footage rental units. The
Public Hearing was opened. Tom Hermanson, business owner, expressed support for the
Ordinance. Andrea Shea King, resident and property owner, discussed concerns regarding the LLA,
and requested a copy of the slide presentation. Discussion continued regarding the Planning and
Zoning Board's power to make recommendations to the Community and Economic Development
Director, who takes final action under the LLA, how the Florida Legislature is trying to speed up
approval processes with regard to LLA related projects, possible unconstitutionality of the LLA,
and responsibilities placed on employees. The Public Hearing was closed. Discussion ensued and
included eligible properties for MXU in the City, the Comprehensive Plan approval process, the
proposed MXU process which requires a Planned Unit Development and Binding Development
Agreement at the same time, desire to introduce the MXU process in a workshop meeting to
obtain feedback, and desire to move forward with the Item. City Attorney Garganese noted
developers must come before the Council prior to filing MXU Project applications with the City. A
motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt
Ordinance No. 10-2023, at second reading. The motion carried 5-0.
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 3 of 8
Mayor Morrison requested Council allow Agenda Item 9. be moved ahead in the order of the
Agenda to allow a property owner to speak. Council did not reach consensus nor object to the
request.
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, second reading: City Attorney Garganese read the titles of the Ordinances into
the record. The Public Hearing was opened. Jenna Poore, owner of 107 Adams Avenue, discussed
desire for that property to remain in commercial status and why including the flexibility to rent
the property out, and the fact the property is adjacent to commercial businesses. The Public
Hearing was closed. Discussion ensued and included the property line of the duplex which runs
underneath the shared wall with Ms. Poore's neighbor, short-term rentals versus one-night
rentals, residential versus commercial zoned properties, desire for the City to be consistent with
conforming properties going forward, and inquiry regarding what would happen to the property
should Ms. Poore decide to sell after having opted out of the Ordinance. City Attorney Garganese
discussed the property would be non -conforming and a new owner would not be able to rebuild
the dwelling unit after a fire, exacerbated by the fact that 107 Adams Avenue is a duplex. Ms.
Poore indicated she was not aware of the commercial square footage requirements for rebuilding
and discussed her intentions and use of the property. Discussion continued regarding how no
other shared duplex or townhouse properties have been allowed to opt out of these proposed
re -zonings, concerns for the neighbor sharing the wall at 107 Adams Avenue, and how the
property has been platted as a townhouse project which alludes to restrictions. City Attorney
Garganese explained that if Council were to keep it commercial, both units would be non-
conforming and would have serious issues trying to rebuild as a dwelling unit because they are
no longer allowed, explained the minimum seven-day rental restriction has never applied to
commercial property, his understanding the property owner of 107 Adams Avenue has a seven-
day rental registration and Business Tax Receipt (BTR), and therefore if the property were rezoned
residential, their vacation rental registration and BTR would both be grandfathered in. Attorney
Garganese further explained that as long as they maintain that registration and BTR, and because
this property has always been zoned C-1, the property owner would still be able to continue to
rent for less than seven -days, and if the property is rezoned residential, the dwelling unit
becomes conforming. Discussion continued regarding the potential negative impacts to both
property owners of not allowing 107 Adams Avenue to become a conforming use dwelling unit,
the various potential processes owners would have to go through to rebuild, residential plat
restrictions of the townhouse development with no commercial use authorized, and desire to
put minimum rental restrictions on commercial properties. Mayor Morrison thanked Ms. Poore
and suggested contacting Staff for additional assistance. A motion was made by Council
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 4 of 8
Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 09-2024, as
written, on second 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
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, second reading: A
motion was made by Council Member Davis, seconded by Council Member Willis, to adopt
Ordinance No. 10-2024, on second reading. The motion carried 5-0.
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, 8669, 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, second 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 Willis,
to adopt Ordinance No. 01-2024, on second 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, 8669, 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 Mayor Pro Tem Kellum, seconded by Council Member
Willis, to adopt Ordinance No. 02-2024, on second 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
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 5 of 8
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, second 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 Davis, to adopt Ordinance No. 03-2024, on second 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,
104 106, 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, second reading: A motion was made by Council Member Willis, seconded
by Council Member Davis, to adopt Ordinance No. 04-2024, on second 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,
incorporation into the Comprehensive Plan and an effective date, second 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. 05-
2024, on second 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 1, 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, second reading: A motion was
made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance
No. 06-2024, on second 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
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 6 of 8
effective date, second 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 second 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, second reading: A motion was made by Council Member Willis, seconded
by Council Member Davis, to adopt Ordinance No. 08-2024, on second reading. The
motion carried 5-0.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
extend the Meeting until 10:15 p.m. 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, second 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 Davis,
to adopt Ordinance No. 11-2024, on second 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, second reading: A motion was made by Council Member Willis, seconded by
Mayor Pro Tem Kellum, to adopt Ordinance No. 12-2024, on second 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
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 7 of 8
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, second 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. 13-2024, on second 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
an effective date, second reading: A motion was made by Council Member Davis, seconded
by Council Member Willis, to adopt Ordinance No. 14-2024, on second 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, second 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 Willis, to adopt Ordinance No. 15-2024, on second reading.
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, second reading: A motion was made by Council Member Davis,
seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 16-2024, on second reading.
The motion carried 5-0.
ITEMS FOR DISCUSSION:
13. EV Charging Station Additional Options, New Trends, and State of the Industry
Discussion (Submitted by Council Member Jackson): Council Member Jackson explained the
Item. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum,
to extend the Meeting until 10:30 p.m. The motion carried 5-0. Discussion ensued and
included a desire to give the subject more time, desire for data and reports from Staff going
forward, keeping track of EV trends, and how local hotels offer EV charging to guests only. A
motion was made by Council Member Jackson, seconded by Council Member Willis, to
extend the Meeting until 10:40 p.m. The motion carried 5-0. Discussion continued regarding
the desire to find out if lithium batteries are being shipped out of Brevard County for recycling,
City of Cape Canaveral, Florida
City Council Regular Meeting • January 16, 2024
Minutes • Page 8 of 8
and a desire to make sure the City is not losing money with the EV Charging Station Program. City
Manager Morley confirmed Staff will provide any data or information requested, and it will be up
to Council Member Jackson to retool the Item for Discussion which will be placed earlier on the
Agenda next month, with assistance from the City Clerk's Office.
14. Discussion on the City Monthly Financial Reports, Budget and CIP (Submitted by Mayor
Morrison): Mayor Morrison explained the Item. Capital Projects Deputy Director Carlisle discussed
the GIS Map of City Capital Projects that he is building. Administrative/Financial Services Director
DeLeo discussed how the Reports will be provided and presented beginning in February.
REPORTS:
Council Member Davis discussed attending the Space Coast League of Cities (SCLOC) Meeting
January 8, 2024, the SCLOC plans to host a future Full and Public Disclosure Form 6 seminar for
elected and other municipal officials in Cocoa, suggested bringing any State Legislative issues that
the Council might need addressed to her as their representative on the SCLOC Board of Directors,
and noted that she distributed Legislative Updates provided by the Florida League of Cities.
Council Member Willis discussed the next scheduled Coffee with a Cop will be Monday, February
5, 2024 at Cherie Down Park.
Council Member Jackson discussed a request to partner with Bluewater Research Institute to start
a Right Whale Watching Program for our area in an effort to protect baby whales from being hit
and killed by boats at Port Canaveral.
Mayor Pro Tem Kellum discussed positive feedback and excitement over the Veterans Memorial
Park Project and thanked Staff.
Mayor Morrison discussed a vest and a Second Annual Cape Canaveral Volunteer Firefighters Ball
Program from 1984 donated by a former Fire Department volunteer Sandi Klotz, announced the
Florida League of Mayors "If I Were Mayor" Essay Contest for sixth, seventh and eighth graders,
upcoming Annual Sea Oats Planting, and desire to call a City Council Workshop to work through
issues regarding the Community and Economic Development Department and properties located
on Fillmore and Jackson Avenues and indicated he would coordinate with the City Manager and
the City Attorney.
City Manager Morley announced Coffee with the City Manager resumes Friday, January 19, 2024
at 10:00 a.m.
City Attorney Garganese noted the Florida Legislature is proposing to preempt local governments
from regulating EV Charging Stations with Senate Bill 1084.
ADJOURNMENT: The Meeting was adjourned at 10:53 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
SEAL of Cape Canaveal, Florida