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HomeMy WebLinkAboutMinutes 06-03-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 117 Polk Avenue, Cape Canaveral, Florida TUESDAY June 3, 2008 7:00 PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present City Manager City Attorney City Clerk Building Official Public Works Director Recreation Director PRESENTATION: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Walter Bandish Robert Lefever Legislative Update - State Representative Tony Sasso. Mayor Randels acknowledged that Representative Sasso sent a hand written note to those elected officials who participated in Legislative Days and visited with him. Representative Tony Sasso addressed the City Council and the audience and explained his viewpoint that he addressed legislative actions during his three months in Tallahassee and when he is in the local area, he was then a Representative. Representative Sasso clarified how Committee Weeks were actually the beginning of the Legislative Session and by the time Session opens, Bills are one -third to halfway through the Bill process. Due to his late arrival to the Legislature, he was unable to draft Bills. However, he had six reserved Bill slots when he reached his new office and stated that he acquired six Senate Bills which lacked companion Bill representation in the House. He chose six of the thirty he reviewed and one of the Bills chosen passed. Representative Sasso then explained the 10 percent trend of, one Bill per Senate or House passed, during the Legislative City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 2 of 13 Session. He reported that the Bill which passed benefited the Cape Canaveral Hospital Imaging Center. Representative Sasso recounted his Bill review which included Vote Auditing and Hybrids. He stated that he was assigned to the Conservation Lands, Environmental Natural Resources Council. This Council is the preceding forum for environmental committees prior to their being heard by Budget, Policy or any other Council. He explained how he moved an Energy Bill which would require State fleets and others to begin the process of hybrid vehicle use. Representative Sasso explained how this Bill was included in a larger Bill which, at times, dilutes a Bill's effectiveness. Representative Sasso stated that he voted against the State Budget. Representative Sasso informed that the Rainy Day and Lawton Chiles funds, which were suggested for use at the beginning of the Session, were used toward health care and senior and child care funding. Representative Sasso spoke briefly on success of the Autism Bill passing. Representative Sasso stated, however, that the upcoming State Budget would be no more favorable than this year's Budget. Representative Sasso reported favorably on approximately $16 million in funding for the space industry. He reported on $14.5 million for space and infrastructure at the launch pad areas; $1.2 million for retention and training for space industry personnel; approximately $500,000 for the sub - orbital Commercial Research and training center at the Florida Institute of Technology; and some extra infrastructural funding for attracting new commercial businesses. He related how Space Days provided a mass of information and as a result he spoke with several local Space industry representatives and related to them to consolidate this information to present a clearer representation in the future. Representative Sasso related on how he met with people who desire to bring jobs into the area; however, education is a factor in recruiting new jobs. He emphasized the importance of a collaborative effort among elected officials and the county's education system. Representative Sasso summarized how the State conducts a one -year budget planning process. He considered utilizing the My Region.org, "How Shall We Grow", growth management process. Representative Sasso pointed to how this conceptual plan provides for green space and water, while centralizing growth, having mixed -used facility growth centers and combining that with economic development were some of his long- term goals. Representative Sasso thanked the Council for their joint efforts with the City of Cocoa Beach and the Space Coast League of Cities in support of the Clean Ocean Act. Representative Sasso informed that he has an office in Cocoa Beach adjacent to Roberto's Little Havana Restaurant and you may contact him at 321449 -5111. Mayor Randels noted that the Florida Forever Bill passed. Representative Sasso informed that State Legislature bonded, instead of using General Funds, and Florida Forever will continue in perpetuity. He stated that this will include ranches and working waterfronts. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 3 of 13 Representative Sasso stated that $50 million was secured of funding for Everglades restoration. Mayor Pro Tern Hoog stated that he would like to see more publicly accessible riverfront areas. Representative Sasso replied how the Florida Forever funding was instrumental in maintaining waterfronts for public use. Mayor Pro Tem Hoog expressed his thanks for the visit with him during Legislative Days and also thanked him for being a Legislator who could also represent the coastal community. Mr. Petsos inquired about his office cutting through the Florida Department of Transportation [FDOT] barriers in order to gain a turn signal at the comer of Central Blvd. and State Road A1A. At this time, FDOT was planning to conduct another traffic study. Mr. Petsos related of a recent traffic accident. Ms. Roberts added that Senator Mike Haridopolous stated that he would assist with this issue as well. Representative Sasso assured that he would address this issue on the City's behalf. Mayor Pro Tern Hoog referred to a fatality due to a failed cable barrier on State Road 528. Representative Sasso responded that this was a less expensive, and possibly less effective, barrier. Mr. Petsos congratulated Representative Sasso. He expressed his concern with a Bill which would exempt Canaveral Port Authority from conducting Developmental Regional Impact studies. He noted the impact of traffic from the Port's development on the State Road A1A corridor. Representative Sasso explained how issues came about for Legislative action within other Bills. He explained how slowing down the Bill review process enabled Legislators to identify preemption issues that would otherwise be enveloped within a Bill and pass through a vote undetected. Representative Sasso stated how he fought against preemptions. Mr. Petsos then addressed unfunded mandates and asked if the State would consider Interlocal Agreements with municipalities for their equipment which is not in use as a cost - cutting effort. Representative Sasso affirmed that he would look into this possibility. Mr. Nicholas expressed congratulations and he stated that serving at the local level should be a pre - requisite for a State level office. Mr. Nicholas inquired about toll -road privatization and asked why the State should consider maintaining the toll roads instead of permitting privatization. Representative Sasso responded saying two issues exist: 1) the same entities that were able to lease roads were those who own or lease American ports and were of International origin, and 2) the State Legislature would still be paid upfront through the private companies and subsequently through the increased tolls. Therefore, he considered this action a back door tax. Representative Sasso summarized how raising tolls would adversely affect those who live in the area and travel on toll roads. Mayor Pro Tern Hoog questioned how an escalating cost would impact any agreement with the State. Representative Sasso replied that he would research the road leasing parameters. Ms. Roberts added how Roger Dobson, a former local legislator, was not an advocate of toll roads. Representative Sasso replied to Mayor Pro Tern Hoog that the infrastructure was in place to establish these toll roads. He stated that there were alternative ways to raise funds with a negligible impact to the City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 4 of 13 residents and he used Wal -Mart as an example of a company which pays a specific tax to do business in other states; however, not in Florida. Mr. Nicholas addressed increasing the State sales tax on services which would impact daily living. He stated that he did not understand the Sales Tax Holiday in light of the State's funding needs. Representative Sasso replied that he believed the Sales Tax Holiday was reduced in 2008. Mr. Nicholas addressed the Governor going to New York to allow investments with the State Pension Funds and asked if the Governor was the determining factor for State pensions. Representative Sasso was unaware of the full circumstances, but he would seek an answer for Mr. Nicholas. Mr. Nicholas also addressed derelict boats in the river due to the hurricanes, and he recommended an additional fee to each boat registration in order to remove derelict vessels. Ms. Roberts thanked Representative Sasso for his new position and for his sensitivity to beach -side issues. Ms. Roberts mentioned the City's efforts in working with My Region.org which seemed to focus on rivers, but not the ocean. Ms. Roberts also expressed that she found a lack of customer focused service at the State level. Ms. Roberts then addressed the Port's exemption from a Developmental Regional Impact study. She emphasized the City's desire to maintain its residential character and quality of life. Representative Sasso informed how the City of Cocoa Beach established a representative for Port related issues and encouraged the Council to do the same. Mr. Pat Campbell addressed Representative Sasso regarding water access and asked him to protect public rights along the water. Mr. Campbell then asked about the Autism Bill. Representative Sasso explained how the Bill evolved and became more generally applied under a Disability Bill. He stated how the Bill provided insurance coverage that would assist doctors in early intervention training and detect autism earlier in child development. Representative Sasso would provide Mr. Campbell with contact information. Mr. Ray Osborne addressed the Energy Bill and asked Representative Sasso if there were any ways for municipalities to participate in further Energy Bill efforts. Representative Sasso explained how ethanol was found to be corrosive and harmful to fiberglass and Charlie Bronson, Commissioner on Agriculture, was seeking other alternative fuels. Representative Sasso replied that he would be glad to review the Energy Bill with Mr. Osborne. Mayor Randels clamed that the Bill in discussion was House Bill 7135. City Manager • Mr. Boucher distributed the half -day meeting dates of June 9 and June 11"' for City Council's Goals and Objectives Meeting with staff. Mayor Pro Tern Hoog stated that he would forego the Space Coast League of Cities dinner on Monday in order to attend. Ms. Roberts asked if there were any pre - meeting questions. Mr. Boucher clarified that he attached the status report of current City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 5 of 13 Goals and Objectives. Mr. Boucher affirmed for Ms. Roberts that a Capital Purchase Meeting would be held at another day and time. • Mr. Boucher reported on the success of Mr. Phil Laurien, Executive Director, of the East Central Florida Regional Planning Council presentation at the previous Planning and Zoning Board Meeting related to mixed -use development. Mr. Boucher informed that the East Central Florida Regional Development committee would be available to assist the City with its anticipated community planning. • Mr. Boucher reported that the City of Satellite Beach planned to hold a re- development presentation next Wednesday at the Planning and Zoning Board meeting. • Mr. Boucher reported that the Hotel concept plan representatives for the Porter property addressed the Planning and Zoning Board at their previous meeting and they would like to come before the City Council at the June 17 meeting. Mr. Boucher clarified that they could address the Council as long as the project was consistent with City code. Mr. Petsos requested a copy of the Planning and Zoning Board Minutes. • Mr. Boucher reported that Ocean Woods still sought for the City to obtain and maintain their infrastructure. Mr. Boucher clarified that the City's consultant, Brown and Caldwell, Inc. required $8,500 to complete a cost evaluation; however, a comprehensive study could cost up to $85,000, but at the Homeowner's Association expense. Mr. Boucher stated that the aging infrastructure would require rehabilitation. The City Manager would provide the Homeowners Association with the $8,500 cost estimates from Brown and Caldwell clearly stating that they would assume the study costs. If improvements were found necessary as a result of the study, then the Homeowners Association would also assume any further costs. Ms. Roberts stated that Ocean Woods appeared to be seeking a return on investment of their past fee contributions as a Condominium community. She mentioned that this would set a precedent for other Condominium Associations related to their sewer arteries and also the City would need to look at the fairness of the return to those communities relative to residential communities. Mr. Boucher explained how Developments have an option to deed their infrastructure to the City; however, at the Development's expense and infrastructure repairs would be set to City standard. Mr. Campbell stated that Ocean Woods had a management reserve of fees that would assist them to bring the infrastructure up to City standards, and he also asked who was paying the study fee cost. Mr. Boucher explained how the City could enter an Agreement and specify how the Homeowners Association would incur the cost associated with the study and any subsequent repairs. Walter Bandish, Public Works Director, clarified that Ocean Woods could not hire their own consultant due to liability issues. Mr. Boucher affirmed for Ms. Dianne Marcum that Florida Statutes allowed the City to tax for Special Assessments. She then asked if the road would then become a public road. Mr. Boucher replied that this was a decision for the Council. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 6 of 13 Mr. Boucher informed that the Oral History Bids resulted in three bids which were under staff evaluation. Staff Recreation Director No report. Buildina Official • Mr. Morley replied that the McDonald's signage was 26 percent of the area on the west side of the building. Mr. Nicholas stated that he requested to know the square footage. The Building Official would provide that information. City Clerk • Ms. Stills reminded the Council that Financial Disclosure Reports were mailed to them and due back to the Supervisor of Elections on or before July 1 s` Mayor Randels added that this also applied to the City's quasi-judicial Boards. City Attorney • No report. CITY COUNCIL Council Member Roberts • Ms. Roberts questioned for purposes of clarity that the City still planned to write a letter relating to the School Resource Officer. Mr. Boucher affirmed that he would write the letter. • Ms. Roberts suggested placing a launch related good -will message on the City Hall marquee for two days prior to a launch and two days prior to a landing. Council members agreed. • Ms. Roberts requested to ask for a resume of new Board members and for re- appointed Board members to address the Council with what they have done, what they have learned and what they hoped to contribute as a member of the Board Ms. Roberts asked for this in an effort to enhance the City's Advisory Board process. • Ms. Roberts noted the July 19` deadline for Resort dwellings. She requested an updated Resort dwelling application report from the Building Official at the June 17` City Council meeting. • Ms. Roberts requested to adopt the Florida Tree Council's list of obnoxious and invasive species. She referred to the "strangler Fig" on the tree located at the Building Department. Mr. Morley clarified that the Florida Exotic Species Council supplied the list of inappropriate plants. Ms. Roberts stated how this would enable the City to address penalty provisions while updating the City's Tree Ordinance. • Ms. Roberts addressed the status of the Sign Code Ordinance. She asked if the City could place a time delineation on temporary signage for political office. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 7 of 13 Attorney Garganese explained how all temporary signs were treated in the same manner. In the City's existing code, there was a distinction between election and other types of signs; however, the discussion is the constitutionality of the signage tied to a time period. Ms. Roberts inquired about the status of the Planning and Development Director position. Mr. Boucher replied that he was concluding interviews. Ms. Roberts addressed the draft letter to Senator Mike Haridopolous related to unfunded mandates. Mr. Boucher replied that a letter was in progress. Ms. Roberts distributed an overview from the Economic Development Commission outlook for Brevard County's forecast. Ms. Roberts distributed a summary. Ms. Dianne Marcum reported from her observation of the meeting that the business community, Brevard County, and the Economic Development Commission were working cooperatively. She summarized how five - message points would provide a focused effort. Ms. Roberts affirmed how Representative Sasso spoke about the need for a cohesive message. Ms. Roberts suggested an advertising opportunity through the Business and Cultural Development Board to reach the business community. Ms. Joanne Muncey, Business and Cultural Development Board Chairperson, added how India, China, and Indonesia were a future market share. Ms. Roberts mentioned the City's 45 th Anniversary celebration. Mr. Boucher replied that he brought this out in a staff meeting to obtain concept plans. Council Member Nicholas Mr. Nicholas asked if recycling funds were available and he addressed the possibility of using the funds to replace the recycle bins. Council Member Petsos • Mr. Petsos informed of the School Board's reconsideration for School Resource Officers in the elementary schools and he encouraged Council Members to contact the School Board to retain the School Resource Officer. Ms. Roberts questioned for clarification that Council would also forward a letter to that regard. The City Manager affirmed that he would send a letter. • Mr. Petsos reported on the status of hiring a Principal for Cape View Elementary School. The City's letter was taken into consideration and he stated that Dr. DiPatri would make his findings to the School Board on June 17 t h. Mayor Pro Tam Hoog • Mayor Pro Tam Hoog recalled that recycling funds were allocated for playground equipment. He agreed with Mr. Nicholas on the bad condition of the existing recycle bins. • Mayor Pro Tam Hoog stated that the police officers were not adequately patrolling the City's streets. He noted an incident of graffiti written near his residence, and the fact that his neighbor's video equipment unit did not detect any patrol cars for a two hour period. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 8 of 13 • Mayor Pro Tern Hoog addressed retrofitting the reclaimed water system in the City's north section in order to increase the water pressure. Mr. Bandish replied that there might be too many zones connected. • Mayor Pro Tern Hoog addressed carts left at the curb, small trash piles and brush and other debris left along N. Atlantic Avenue after the designated pick- up. He emphasized a more pro - active effort on Waste Management's part. Mayor Randels • No report. AUDIENCE TO BE HEARD: • Mr. Pat Campbell addressed reclaimed water pressure. Mr. Bandish replied that the new, large developments were the source of the decreased water pressure. • Mr. Campbell also noted a large hole at the corner of Surf Drive. Mr. Bandish explained that the hole was related to AT & T telephone line work being performed. • Mr. Art Berger addressed the time frame for resort dwellings related to the parking lot issue and asked it an extension were provided. Mr. Morley replied that no extension was provided. Mr. Boucher clarified that the parking issue was resolved since the Planning and Zoning Board took no action and the letter confirmed that fact. Mr. Berger also asked if there were a change to the lifelsafety issue related to windows. Mr. Morley replied that he would meet with Mr. Berger to address his question. • Ms. Joyce Hamilton stated that she sent an application to Tallahassee related to her resort dwelling application two months ago and asked if she would be penalized for that time. Mr. Morley replied that she would not if she had an application in progress. • Mr. Ray Osborne asked if the anticipated projects would adhere to any architectural theme concepts. Mr. Boucher replied that this would become a task for the new Planning and Development Director. CONSENT AGENDA City Council Regular Meeting Minutes of May 20, 2008. 2. Resolution No. 2008 -13; Appointing an Alternate Member to the Business and Cultural Development Board. (J. Craig) Mayor Randels asked if any Council Member, Staff, or interested party desired to remove an Item from the Consent Agenda for discussion. Ms. Roberts requested to remove Consent Agenda Item No. 1. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item 2. The vote on the motion carried 5-0 with voting City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 9 of 13 as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. City Council Regular Meeting Minutes of May 20, 2008. Mayor Randels submitted that the Council received an Attorney General's opinion related to Minutes. Ms. Roberts distributed her corrections to the May 2& Meeting Minutes to clarify her points as follows. • Page 3 — Ms. Roberts asked if the City could obtain more information about the North Atlantic Avenue left -hand turn signal project, including: remaining steps needed, timeframes involved, costs, and responsible parties • Page 5 — insert the date " May 16.2008 after, "Late on Friday." • Page 6 — insert the word "full' before Council • Page 6 — insert the words, " for code compliance after staff review. Ms. Roberts asked if the Council desired to go over each of the corrected points. Mayor Randels stated that the Minutes were a summary of the meeting. Mr. Petsos emphasized the importance of staff understanding what the Council desires them to do; however, he did agree that the Minutes were a summary. Ms. Roberts emphasized the importance of clarity for the public's concern. She asked how Council desired to handle her suggested changes. Ms. Roberts stated that it was her prerogative to clarify her own statements. Attorney Garganese explained that the Minutes were a brief summary of what occurs at a City Council meeting; however, under the Sunshine Law, Council Members were not permitted to amend those drafts individually with the City Clerk. After the City Clerk publishes the Minutes, if individual Council Members have issues with the Minutes and would like to make changes, then they should prepare their changes in writing and submit them as part of the Agenda to the Council. Attorney Garganese explained how the Council could proceed to Approve of the Minutes in light of any corrections. The Minutes could be circulated, corrections noted in writing, and brought to the Council for approval to include any changes. The City Clerk would incorporate any changes after approval of the corrections. Attorney Garganese clarified that the City Clerk provides the Minutes in a paraphrased format unless the Council desired to have the Minutes in a verbatim format. In summary, Attorney Garganese emphasized that the Council makes the final decision regarding approval of any corrections. Ms. Roberts stated that the Council receives the Minutes along with the Agenda Packet which would make correcting them a challenge. Mr. Campbell inquired about the audio Minutes on the City's web site and asked if the Minutes were still recorded. Ms. Stills explained that the paper Minutes were the Record Copy; however, the audio helped to verify what was said. She stated that her Minutes City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 10 of 13 were a paraphrase of what was said in a meeting; however, she could not insert anything that was not said during a meeting. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Item 1 as amended. The vote on the motion carried 4 -1 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, Against, and Ms. Roberts, For. RESOLUTION: 3. Motion to Approve: Preliminary Replat for Sea Shell Cay North; J. Johanson, Applicant Mayor Randels summarized that this item was recommended by the Planning and Zoning Board and staff review was complete. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve a Preliminary Replat for Sea Shell Cay North; J. Johanson, Applicant The vote on the motion carried "with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 4. Minuteman Causeway Shuttle Bus Proposal. Mayor Randels explained how this would enable the City of Cape Canaveral seniors and youth to ride to the Cocoa Beach Recreation facilities. Mayor Randels reported a total operating cost of $84,000 of which the Florida Department of Transportation would incur half of the costs, or $42,000. Mayor Randels informed that the City of Cocoa Beach would pay $21,500. Mayor Randels stated that this would benefit Cape Canaveral seniors and youth. Mr. Nicholas clarified that this would transport youth and seniors from Cocoa Beach City Hall to the various recreation centers in Cocoa Beach. Mayor Randels clarified that the cost for seniors was .50 cents and free for youth. Mayor Randels concluded by saying that the City of Cocoa Beach has already agreed to pay $21,500; however, this was something for the Cape Canaveral Council's consideration. Discussion concluded on the anticipated seven person daily transport versus the expected cost. DISCUSSION: 5. Proposed Amendments to Irrigation Rules by the St. Johns River Water Management District. Mr. Bandish addressed St. Johns proposed action to decrease the number of watering days to two days. He expressed that there was division between St. Johns and the Florida Department of Environment Protection over the rules related to discharge into the river. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 11 of 13 Mr. Bandish informed that he would attend their upcoming meeting. Mayor Randels stated that he could also attend, and speak on behalf of the Council with regard to the impact of this action on the local community. 6. Request to Increase the Commercial District Building Height. Mayor Randels presented a letter from Mr. Bill Mays with regard to a request to increase the Commercial District Building Heights. Mr. Art Berger, resident and commercial business owner, addressed the Council. He stated that Sheldon Cove proceeded as asked, and as the City Manager recommended, performed an economical study. Based on their study, Mr. Mays issued him to proceed with conceptual drawings to accomplish what they thought were the desires of the City s citizens. Two or three meetings were held with the Planning and Zoning Board and, subsequently, with the City Council. The City Council recommended Town Meetings. Therefore, the Building Official also held two Town Meetings in the Cape Canaveral Library Meeting Room for public participation toward an overall commercial district building height increase on the State Road A1A corridor. Mr. Berger stated that they have returned to the Council for a decision related to the City's vision for the future years and for Mr. Mays to advance with the property. Mr. Berger summarized, based on Mayor Randels remarks, that this would provide a revenue opportunity for the City as well as other commercial and business entrepreneur opportunities. In conclusion, they were seeking a decision from the Council. Attorney Garganese stated that if the Council accepted the Planning and Zoning Board's recommendation, then the Council was free to adopt an Ordinance to increase the height limitations. Mr. Petsos reminded that at the Town Meeting, specifically the last Town meeting, the citizens requested a Referendum and the Council was being asked to make that decision. He stated that the City Attorney was tasked with drafting a Referendum for the ballot. Ms. Roberts stated that if the City proceeded to a Referendum, one of the concerns was community education related to what the building height increase would mean. She referred to the public education process that was previously used in the 2004 Annexation Referendum. Mr. Boucher distributed the previous Referendum newsletter for Council's review. Ms. Roberts also stated the other consideration of the Planning and Development Director who would also be able to plan forward; however, ballot language was needed quickly. Attorney Garganese clarified that there was nothing in the City Charter to amend since the City did not have a Charter limitation on height. He stated that there could be: 1) a non- binding referendum to gain the community pulse regarding the height limitation, or 2) did the Council desire to impose a building height limitation in the Charter with an exception for what the Planning and Zoning Board has recommended for the State Road A1A corridor. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 12 of 13 Mayor Pro Tern Hoog explained that if the Council initiated to change the Building Height issue without a Referendum, then it would be a precedent and he would be in favor of a binding referendum to the building height limitation. Attorney Garganese reminded that a future Council could change an unbinding referendum. Attorney Garganese explained how he could legally draft a Referendum using one question and the question would establish the height limitation within the City, and also establish a concurrent 45 -feet height with an exception. However, the Council could propose two questions: 1) establishing the 45 -feet limitation, and 2) establishing the exception; however, this could become confusing for the voter. Mr. Berger commended the Council for their position of no hotels on the beach, and a five - acre limit for hotels, and they were now seeking Council's decision subsequent to the Planning and Zoning Board recommendation. Mayor Pro Tern Hoog expressed that he was not in favor of a Referendum for the sake of a Referendum and especially without educating the public. Mr. Nicholas requested a copy of the initial building height referendum. Mr. Lamar Russell, Planning and Zoning Vice Chairperson, related that he would like to see the Council adopt the 65 -feet building height increase on the State Road A1A corridor, or to present a vote to the people. Mr. Russell stated that he was in favor of a non - binding straw vote. Mr. Russell recalled the density Referendum related to 15 units per acre and after much deliberation, and court process, the Council made that final decision. Mr. Russell recommended that the Council draft a Referendum for a straw vote to increase the height to 65 -feet on the State Road A1A corridor. Mayor Pro Tern Hoog clarified he would not be in favor of a ballot question; however, if the Council voted toward a ballot, then he desired citizen education. Mr. Russell clarified that he was asking the Council, in the course of seeking a non - binding straw vote, to educate the citizens on the building height issue. Mr. Nicholas concluded that although the previous Referendum might not have been binding, an impression remained that it was binding. Mr. Pat Campbell sought clarification of: 1) the existing Code as it related to the 45 -feet building height limitation, and 2) he questioned why the Council was being asked what to do by the investor. Mr. Campbell stated that the current Code provided the parameters through a Special Exception, Variance or amendment to the existing code. Mr. Tom Hermanson clarified that a draft Ordinance was in existence for Mr. Campbell's edification. Mr. Nicholas explained for Mr. Campbell that approximately 34 or 35 years ago, there was an Initiative Petition Referendum to establish the building heights which passed. It was challenged in the courts, but dismissed. Subsequently, there was a Supreme Court decision which reversed the State courts and allowed for zoning by Referendum. The City Council, at that time, voted to establish the zoning height limitation as was specified in the Initiative Petition Referendum. Some of the Council were of the position that if that decision were changed, then it should return to the people. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2008 Page 13 of 13 co, Ms. Joyce Hamilton, resident, stated that she did not remember the deciding question of a Referendum at the end of the meeting, but in mid-discussion. She stated that she has entered a petition in favor of the project and the tables were in favor of growth. Ms. Hamilton related on the empty rental units and the need for growth in the City. She concluded that she saw this as an opportunity to bring economic development into the City. A motion was made by Ms. Roberts and seconded by Mayor Pro Tern Hoog to Extend the Meeting to 10:15 P.M. The vote on the motion carried 5-0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. Mr. Berger emphasized that up to this point all requirements have been met; however, they wanted to know if the Council would agree to take action on the Ordinance. Ms. Roberts thanked Mr. Mays for the assistance in initiating serious thought about increasing the building height by presenting their proposal. Ms. Roberts stated her perception that half of the audience was in favor and the other half against at the Town meetings saying that this concerned her. Ms. Roberts interpreted the Council's two alternative opinions as: 1)to proceed through the First and Second Reading of an Ordinance Amendment and gain public input through that process, or 2)to proceed through a Referendum thereby also gaining public input through that process. (1; Mr. Bill Mays, representing Sheldon Cove, addressed the Council. Mr. Mays stated that he had heard many facets on this issue over the past nine months. He related how he invested funds in this project with an expected return on his investment Mr. Mays expressed how this was an excellent time to start, but not an excellent time to continue discussion. In summary of the Town Meetings, he stated that 70 percent of the people were in favor of the project Mr. Mays emphasized how quickly he could have the project funded and leased. He stated his concern with Council's lack of action in the past nine months and he challenged the Council to take action and make a decision, but not to draft a Referendum for a ballot question and political decision in November. A motion was made by Ms. Roberts and seconded by Mayor Pro Tern Hoog to Extend the Meeting to 10:30 P.M. The vote on the motion carried 4-1 with voting as Mayor Pro Tern Hoog, For; Mr. Nicholas, Against Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For ADJOURNW: There ,beirsivioftirthitctemess, the meeting ad'oumed at 10:15 P.M. SEA Rocky Randels, AYOR ,_ • Susan its, CMC, CI - RK 1.--N"